The New York Herald Newspaper, February 6, 1856, Page 3

AN ACT THE CHARTER OF THE CITY OF NEW YORK. 1. The Corporation, or body corpora'e, now oxist- “Sod known bythe mone of ‘Wins Ringer, ‘Alderman 1 Commonalty of the City of New York,’ shall remsia * MUNICIPAL AFFAIRS. Proposed Charter for the Olty of New AMEND 4 comtinue to be « body politic and eo-porate, in fact ea wad im name, by the name of ‘The Mayor, Ald monaity of the City of New York,” and by th: ll have perpetual succession, and ‘@ to sue and be Hd, to plesd and be implos toi, to answer and to 99 au- sred, to defend and to ve defended, in a!l courts aad ees, in all manner of astions. suits, complaints, pleas, ses. matters and demanas whatever, and of what oa- eandkind r, in as full and amole manner sad ce nd shall be capable to tal se, hold, receive and enjoy. and to seli, demis: se, assign, dispose of, and convey in feo, for 3, or for years, or in r, any property, or personal, of ind or quality tacever; and id shall have aad use a common a chta, immunities, powers. privileg: con herctofi id hitherto belonging to it; power to mske all neeaful laws, ordinances and tions for the municipal governwent of said city; S.the Board of Alderman, wen acting a4 supervisors he county, shall have power to lay, assex all taxes necessary for the payment of the expenses ythe chy acres ment. es. 2. "The legislative power of the Corporation of the iy of New York shail be vasted in a Board of Alderman 1a Board of Arsis’snt A'demen, who, together shall m the Common Counsil of the city. Board of Hermen shal) consis: of one alderman from each ward. now copatituted, who shall be electe! by the psople of respective wards fortwo yeara. fhe Aldermen and ncilmen now in office shall: ontinue to discharge the ties of their said offices untit the expiration of the ‘od for whish they were elected. Tne wards baving odd numerical ce-igsation shail elect aldermen at the heral election in 1856, and every two yoars thereaf‘er. wares having an even numerical designation shall ict their aldermen at the general election in 1857 in manner. Heo. 3. The Board of Asristant Aljermen shall consist poe Arsistant Alderman fromeach ward, who shali elected in like manner, and shall hold office for one rr ¢. 4. The Mayor shall hold his office for to years, the first election for Mayor, under this act, shall be 'd at the genersl election in 1856. 0. 5. The election for charter officers shall ba hold the day of the general State election, when al! chartec ‘cera to be clected by the people shail be chosea, and } officers who shall be elected shall be 4 vorn into of- on the first Monday of January thereafter; and the of the State lating elections shall apply to ctions of charter officers; but the Common Coanceil ly, by law, extend the time for the canvass of the eB, Rec, 6. The Board of Aldermen shall have power to di- & special election to be held to supply the p!ace of Alderman whose seat shall become vacan: by dsath, poval from the ci'y, resignation or otherwise; and the rd of Assistan's sus!) alto have power to dicect a spe= elec.ion to supply any vacancy that may occur in the ard of Assistants; and in botn cases, the person elest- supa the vacancy, shall hold his seat only for the idue of the term of office of his immediate predecossor. ied, however that such special election shall not ordered unless at least two months of the term in which vacancy occure shell remain unexpired. 3. 7. The two Boards shall meetin separate cham. d amajority of each shall be a quorum t) do bas! Fach Bard shall appoint a President from its own Hiy, and shall also choose its clerk and othar o'icers, de- ‘mine the rules cf its own proceedings, and be the judge he election returns, snd qualifications of its own mom- 's. Eash Board shall keap a journal of ita own pro- dings, and the doors of each shall be kept open, excapt nthe public welfare shall requ're secrecy; aod all o\utions and reports of committees whico shall re- nwend any specific improvement involving the appro- tion of purlic moneyr, or taxing or assessing the citi- of ssid city, shall be published immadiately after the curpment of the Board, uncer the anthorisy of the famon Counct!, in all the newspapers employed by the poration whenever a vote is taten in relation reto, the ayes and noes shall be called and published ithe same manner. c. 8. Each Board shall have the authority to compel ‘attendance of absent members; to punish ita members disorderly behavior, and to expel s member, with the enoe of two-thirds of the members elected to the rd; and the member so expelled shall, by such ex. on, forfeit all his rights and powers as an Alderman istant Alderman. c. 9. The stated and occasional meetings of each dof the Common Council shall be Ps ype by its p ordinances; and both Boards may mé on the same es different days, as they may severally juige expe- ¢. 10. Any law, ordinance or resolution of the Com. a Council may originate in either Board, aod when i+ have one Board, may be rejected or amended he other. But no law, ordinance or resolution re- fring the concurrence of both Boards shell pass either prd, except by the vote of @ majority of the members ec. 11. Neither the Mayor or the Recorder of the cit low York, shall be a member of the Common Counci! c. 12. 1t shall be the duty of tue Mayor, on the first day in January, 1857, and thereafter, immediately being sworn into office, to nominate to the Bsard of fermen an Executive Council, consisting ot a Comp- ler, a tion Counsel, #0 hief of Police, an Ea- of the Croton Aqueduct, a Street Commissioner, 8 Inspector, and a mer of Repairs and Sup- to astist him in su; the executive duties of city which duties shal: be clearly defined by ordinance Ail any vacancy that may cveve ta aay ofthe cent any vacancy may oecur o cos wah empgaraei it any Siainetdon; made in visions of thisact, shall be sei the Board of Aldermen, the Mayor musi, within ten e thereafter, nominate other and Gap a intment shall be valid} un'ess confi by the d of Aldermen, nor shall it be lawful for person a to either of the above offices to enter upon the 5 of its duties until confirmed according to law. ded, however, that the Mayor shall not ve author- this act to make any nomiuation for the office of Corporation Counsel, Street Co.n missioner, Inspector, or Commissioner of Repairs and Su /#, until the expiration of the period for which jpent incumbents wore elected. shall also be the duty of the Mayor-- o comm te to the Common Council, at least pe a year, cn the first Monday in January and Jaly. oftener, it he shsll deem it expedient, a general tot the situation and condition of the city, in iption to ite government, finances and improvements, o recommend to the adyption of the Common Council ach measures connected with the police, security, ‘th, cleanjiness and ornawent of the city, and the im- nent of its government and finaxces ashe shall expecient. p be vigilant and active in causing the laws and ordi- 0 of tong government of the city to be duly executed exercise a constant supervision and control over the duct and acts of all suborcinate officers, and to receive ‘examine into ali such complaints as my be preferred t apy of them for violation or neglect of duty, and ly to perform all such duties as may be prescribed im by the charter and city ordinan and the laws State and the United States. c. 13. Whenever there shall be a vacancy in the ‘ot Mayor, and whenever the Mayor shall be absent the city, or be prevented by sickness, or any other fe, from ‘attending to the duties of his office, the ident of the Board of Aldermen eball act as Mayor, shall poswess all the rights and powers of the Mayor, the continuance of such vacancy, absence or dis. M 14. Annual and ccsasional erercerms shall be by proper ordinances of the Common Counsil, for branch and object of city exponutture, nor shall | Rd y Peonpeerinen city beet i t the e ve been ly appr nated to tl urs » for which it was drawn. oe es e. 18. The Common Council shall not have authority orrow any sums of money whatever, on the credit of Corporation, except in aaticipatin of the revenue of which suc! i (neg Sr coeianton 8 special act o! Legislature, on application J , Aldermen and commonalty ‘of the city of ir Yor ye. 16. It shall be the ey And the Common Council to t two months before the annual eleation of charter ern, in each year, for tne general faformetin of the of New York, a full and detailed statement of the and tures of the Corporation during the - ending on the first cay of the month ia which such Meation is made; and in every such starement the dif- sources of city revenue, and the amount received in each; the several ap tions made by the Com- Council, the objects for which the same were made, = the amount of moneys expended under each; the mo- borrowed on the credit of the Corporation, utho- under which cach loan was made, and the terms on ‘the same was obtaiced, saall be clearly and par- hr The Common Connell shall have power to departments and «fives by ordinavos, in ad- those herelo specified, as may be ueo2sary to the public bustaees of the Corporatios, and to their duties, and to fix the salaries of all officers ‘the ciy treasury. All sala ies of offtvwis shall before the appointment i+ m. end att officer: it shall be appointed by the mci’, with the exception of tno jad —_ Amistant Aldermen, ané the mrt xeoutive Courcil, w be nominated b; jor. All officers of the city gov rn ative, adminiet-ative or judicial, acd a clerks in the several courts of the city, shal r d salary, ora per diem silowance for tho'r services, " Ll y the Common Vouncil, ant 1 pot, after the first day of January, 1857, receive, t> own ure, any fee or compeoration for the same; ‘all fees or a patd to them ace wdiog to Inw, fo: pertormance cf any duties a atog t> their sail be paid by them monthly, into the city trea- MP tr Counet! to cers aniotner to whom the receipt or expenditure of the fuads city sell be intrusted, by requiring from them cient security for the performance of their duties or i : newspapers employed by the Corpora- parts as mey require secrecy, and wnen- ¢ vote shall be taken in either Board, uyon the pas- of a resoiution or ordinance, which shail contemplate specific improvement, or involve the tale, disposition NEW YORK \HERALD, WEDNESDA ppropriation of public progerty. or ths expenditare 7 or income tcoret om or lay any tax or ‘or ordiaunce *heli, betare the yh" By ca, and ima iis oly the Breed at wnion th: se pubsshed, with \he ayes and 8 elected to raid > case of imreschmm) shall wal fom offs», au) die up: de li ioe convicted shall and punishmen’, soourding to law Seo, 22. Any officer of the Msyor aud members of the Co moved from office by Boards of the Common Coaneil, Any momor cutive Counct| may be removed by the Mayor. 4¢o, 28, The several exncutive 6 oats, and the officers and clerks thereof, ehali bs wanjes: to ¢ tive regulation and direction of the © in.son oumeli, ¢9 far as the same sil not be ine meivtems wich this ae, ‘avd the duties thereof sbali be perf srmed ia 39 rises with the charter ani laws aud ordicaasss of the sity. The Mayor or either B ard of the Common Couceill » at spy Ume, require the opiuton ia w ibag of the head 9 any department upon any s Joo relating o bis depart went, or any information possseed by nim in readom thereto, And every Lew! o Ceparimeat shall report, ia writing, to the Commen Couneil, on the fist Mouday of September in each year, the state of his cost mont, with such anggeations in relation to the tmprovemeat thirenf, yg Y, FESRUARY 6, 1866. 1) THE CENTRAL PARK. | Confirmation of the Commissioner's Report | even to ourselves, in often indispensable. ingiaia- | and to the public business connected therswith, as he | may deew advirable. See. 24. All work to be dons, and all auop'iss to be farnisted for the Corporation, iavelving an expeaditurs of more than tvo hundred and fifty ‘ollars, soall be by contrect, under auch regala'tons as aball 08 esta dlivhed by ordinance of the Common Uounci!, awess by a vote of three-fourths of the mem ers el-ctead ‘0 each board of ths Commen Council is shall be otherwiss ondered; and all contracts shall be founded on sealed bids or pr. pene, made in sowptiancs with pudl.c nolica, advertised for the fuil period of ten days in such of the pubic mewspapers of she city asmay be employet by the Corporetio the purpore; and all such coutrasts, whan given, shall bo given to he lowest bidder. who gives auch jurity aa shall be preeciided by ordinance Ail such bids or pr oaals shall be opened by the officar alvertising for them, fo'the presence of vuch of the parties making than as may desire to be present, or the Common Council by or- dinance designate. Seo. 25. Kvery person elected or arpoiated to any offica under the city governmen‘, shal take and sudsoribe an oath or affirma:ion before the Mayor, fa.:hfully to per- form the duties of his office, woion oa:h or affirmation shall be filed in the Mayor's office. Sec. 26. All officers of the city government, electod by the people, who shall be in office when this ac! goes iato effect, shal hold their offices and expcute toe duties thereof for the full period for which they were slested. Sec. 27. No member of either board shal’, duriag the period for whica he was electad, ba apoointed to, or be competent to hold any office of which the emolumen’ are paid from the city Treasury, or by feas directed to be paid by any ordinance or act of the Common Coanail, or be directly or indireotly intcrested in acy contrast, the expenses or consfaeration whereof are to be paid uuder apy ordinance of the Common Council, bat this section shail not be construed to deprive any a¥derman or assist- ant of any emoluments or fees which he is entitled to by virtue of his office. Sec. 28. Any officer of the city government, or person employed in its service, who shail wilfal'y violate wny of the provisions of this charter, or commit any fraud, or covert any of the public property to his owa use, or kuowing'y permit any other person so toconv rt {t, shall be deemed guilty of a misdemeanor, and in addition to the penalties imposed by law, siall forfeit his office, and be excluded forever after fcum reseiviog or holding any office under the olty charter. And any person who shall wilfully ewear falsely in any oath or affirmation required by this act, shall be gnilty of perjury. ‘Ses. 29. kvery act, ordinance or resolution, which shail have passed the two Boards of the Common Counzil, be- fore {? shall take effect, shall be presented, duly ce-tified, to the Mayor of the city, for t:s approbation, except such acts and resolutions in relation to appointments to office a provided for in section 17 of this act. if he approve, he ehail sign it; if not, he shall return it, with his objections, to the Board in wnich it originated, within ten days there- atter; or if such Board be not then in session, ts next meeting. ‘the board to wh‘ch it shall be returned, shal enter the objeciious at large on their journal, and cause the same to ublished in one or more of the public newspapers cf the city. The board to which suca act, ordinance or resolution sali have been so returned, shall, after the expiration of not less than ten days thereatter, Br to reconsider the same. If, after such reconsi- jera\ion, two-thirds of the members elected to the board, shall agree to pene the same, it shall be sont, together with the objections of the Mayor. to the other board, by which it shall be likewise réconsite-od, and if approved by two-thirds of all the members eiested 10 a1 hoard Av chal take effect as anact or law of the Corporation. In all auch cases the votes of bot! boards shail oe faerie adres — nsya, Cie nanes bn Sr persons vot for an inst the passage of Measure reconsidered, ‘Ra ba fired on the journal of each Loard respectively. Tf any ordinance, or resolution, passed by both Boards shall not be returned by the ‘Maycr within ten days (Sundays excepted) ate: it 6 have been presented to him, the same shail become ® law in like manner as if he had signed fi, ales the close of the cersicn of the Board tu which {t originatei sball prevent iis return, in which case it shalinct bea Jaw until the expiration of the next meoting of sai i Board. Any act or resolution returned by the Mayor at such meeting ebali be reconsidered, and disposed of, ia the same manner and with like effe:t as tf presented at the prececiug session. Sec. 80. All ferries, cocks, piers and slips shall be leased; and all leases and sales of public property and fcau- chises, (other than grents of jani under #ater, to which the owners of the upiand shail have a pre-emption rigat,) shall be made by public auction, and to the highest bid- der who will give adequate security. (No lesse nareafter given excep’ as the same may be required vy covenan's of the Corporation al existing, shali be for # longer period than ten years, and all ferry loases shall be razo- cable, by the Common Council, for mismanagement, or neglect to provide adequate accommodations.) All per- sons requiring any ferry lease or other fraxchise,or grant, under the provistons of this act, shall be required to pur- ch. te, at a fair appraised valuation, the boa‘s, buliding, or other property of the former lossees or grautees actu- ally neceseary for the purposes of such fergy, grant or franchise. Previous notise of all sales refe: ‘to in this rection, shall be given, under the direction of the Comp- troller, for thirty days. in the public newspapers and those employed by the Corporation. Sec, 31. No bids shall be accepted from, or contract awarded to any person who 15 in arreara to the Corpora- tion, upon debt or contract, or who is defaulter, as secu- rity or otherwise, upon any obligation to the ‘Corpora- ticn feo, 32. No money rhall be expended by the Corpora- tion tor any celebration, procession or entertainment of any kind, or on any cecasion, except for the oslo xratton of the anniversary of the National Independence, the twenty-fifth of November, ‘Evacuation Dsy,” and the anniversary of the birthday of Washiogion,’ unless bj the vote of two-thirds of all the members elected to eacl Bosrd of the Common Council. See. #3. No additional allowance, beyound the legal claim, under avy contract with the Corporation, or for any service on {ta account, or in its employment, shall ever be aliowed. Sec. 34. Chapter 122, of laws of 1830, and an act to amend the charter of the city of New York, pased April 2, 1849, and an ast to amend an act entitied an act to amend the charter of the city of New York, parsed April 2. 1849, parsed July 11, 1851; and an aet further to amend the cherter of tbe ety of New Yor! 1868; acd an act Coyote toan is to miter ths, paste’ April 12, 1863, passed June 14, by, repesled; end such of the charter of the olty of New York as are not inconsistent with the provisions of thin act, shall not be construed as Jed, modified or in apy manner affected thereby, but shall contiaue and remain in full. foroe; and all laws inconsistent with this act are also hereby repealed. See. 35. This act shall go into effeot on the first day of July, 1866. First District Court. Before Hon. Judge Green. SUIT FOR THEATRICAL SEKVIOKS—IMPORTANT TO THE DRAMATIC PROFESSION. Fen. 5.—George Jordan against William E. Burion— This was an action to recover jucgment for the Hiatotif and wif alleged 1 havo beon eggdored todo. plaintiff ana le ave red to fendent as actors ta, Barton's theatre, HaaWatenemat ta his answer denied owing the sum demanded. On the trial it cuprates thatthe pee had effected an e ment with the cefendant for the current season, for him- relt and wie, av the weekly salary of $57, as membe:s of defencant’s stock company; that a season consisted of either forty or forty-two weeks—uaually commenoing in Septem ber and endfag in the following June. Th's soason © mmenced on Monday, the 84 day of September last, ord the plaintiff had been paid his regular weekly ralar; from that time down to the Saturday preceding the Wed nerday that he left the defendant's omploymoent, thua leaving three ¢ays unpaid for—it being the custom of the Ceftendant to retain three days’ salary until the end of the season, as security tor the rmance of the en- gogement. One witness testified that plaintiff admitted to bim that he was engeged for the season. It also ap- peared that the plaintiff wrate a note to the defendant to the effect that he should not periorm for him after Wed- nesdey evenirg, the 19th ef December last, without as- figning any reason theretor, and that that was the Isat it he would perf'rm at defendant's theatre. He and riod at Laura ir. Cram, for the defendant, stated m would not have deferded this action for had it not been for the manner in broken his engngement, and that y apparent cause. That he had beon paid his larly, and thet there was nothing due him in bad not served out hie week, and that he bac broken his ccntract with Mr. Barton. The Judge pustsined the objection cf the defendant's counsel and gave judgment for him, with costs. and in deciding, said that he early of opiaion. from the facts testified to by the witvesses, tha: the plaintiff had agreed with ce encart that he and his wife would per- form for the current reason at $67 a werk, payable week- ¥ and that the season consisted of a, lnast forty weoks. 1s leaving before the end of the season ir such a breach of hie sgreement as to entitle the defendant in an ac ion to recover ruch damages aa ho baa sustained thoreby; be- siden, the plaintir and his wife performed but three daya ot the wee the salary fur ee seeks to ite ey muat perform the whole weel order to entitle 1 plaintitt to retover, in Pavor of th: Project. SUPREME COURT—SPEOCIAL TERM. In the Matter of the Ayplication of the Mayor, e., of the city of New York, relative to the opening and laying out of a public place Uetwem 59h and 100th streets and the FYth and Eighth avenues, inthe city of New York.—By ‘me Corn, Hanns, J.—Evory citizen holds bis property wubject to the wants of the government, This i an in- variable condition of society. If money is requiret, it is taken by toxation—if property, by the right of ewi- nest dowain. Such power is @ necessary inciion’ of sovereignty. Ite exercise, e*pooially in a country like ours, whose growth and expansion is a constant surprise The public interes's could not be sufficiently advanced wtihout it, Inividnals are not to be permitted to in- ‘ei pore thelr will or oaprioe, or even their owa salf iater- eet, to thwart usefai improvement or prevent the de velopment of grea’ public aovantages. Whether or vot the public exigency requires the iweney shall be raised by » tax, or proper'y shail be taken for public use, ism quesiion referred to the sovereign will of the plate, as expressed by iegistative anthoitiy. 1 ts enough that the public god de aseds it. Ot taisqaos tion the Legislature are the exclusive judges [tis no e the proviage of thy j idicisl ‘er, to Astermine whewer private prooorty is required for publis ave than ibis to inquire whether the putlis exigeacy requires thas money thould be raixed by a tox Nor oan I ocnoas in cho poriuon maintained upon the argument of Ubi» case that this power can only ba right- oy exercited in cases of ubsoluie meoeasi y. A se pilsation of such a prixcigle would completely auc lae the power. It would not be easy to state A casa in woien :t would be absolutely necessary to wke private property for pudiic use. But the term, when app iet to This susject ‘has mo each restrloted monciag. It, in the Jucgment of the Legisiacure, the pudiic convenisace re- quires that the property of ta-iviiuals should de taken rim them aad devotel to the puriic use, this constitates 4 sufficient legal nece.sity to authorize’ tue exacciss of this power, The mode in which this power is to be oxarctiod is suflicleutly guarded to protect the cltizea agstust injas- tice. He is protested ia the oajoymant of nis property, unless tue public needs it. For this protection he pays an equivalent in taxes, If vhs public mead hi: property he must surrender it; but them only won deing piid a fatr equivalent ia moa-y. By lis taxes ha pays uo more than his just share for th, seredta of government, Wea he gives up bis property Fue contribater 40 much move, ‘faud is entitled to adequate ocmpensation. Ho sells his property to the pu ic, Involuutarily, {3 is true, bus for & price fixed by fair appraisal It ds in this way that, from the very beginaing of our t, property has been obtained for public im- uch as turaplke roads, osnals, railroads kindred objects. In many ‘cased th» a yp ics- tion bay had fis origin in private enterprise, and tor pri- vate gain; but {t has always been dee ned enoug to jus- tify the exercise of the power, that the enterprise would result in publie utilt By en act of the L passed in July, 1858 lature relsuing to this aubdject, it was Ceclared that the tract of land mentioned ia the title of this proseeding should be ‘a mb ic place,’ im the same manner as if the same had en Jad out by the commissioners appoinea in 1807 for the purpose of laying out s.reets, &c., in the aity of Naw York, and the Corporation af New York were auth rized to tave the land for puriic use, as and for a public square. The act provided tor the appolutment of five commisston- ers of estimate aud asvessmoat, and made the existing laws relative to the laying out und taking public squa-es and places in the city of New York applicable to tae pro- Of the wisdom or expodicney of the measure it is not my province on this ocoasion to speak. It is envugh that the Legislature have declared that it was reyaicad by the public inteest and for the pablic sonvauiencs, Bot I may perhsps allow myvelf here to say, tuat if the appreheraions of the most distrustful suould'bs realized, the enterprise cannot prove very disastrous, or even un: profitable. The most incredulous wi'l not doubt, that should the generation who, half a century hones, will poaess this American metropolls—‘hen, perhaps, the metropolis of the worlt—think it expedieat to withdray this tract of land from the uses to waich itis nox tobe devoted, it migat then be made to produce a revenus ex- cerding by many times the amount of the present ox penditure, ‘Commissioners were appointed pursuant to the ast, in November, 1853. Of the eminent fitness of tais oommis- sion, and the fidelity with which {: has discharged {ts im portant trusts, all the parties who have appeared upon this ke have borne thelr unqualified acd emphatic testimony. Nearly two years were ocoupied by ths com- missioners ia ring their appraisal and assessments. On the fourth of Uctober last, the result was submitted to the public, and opportunity ‘was given to present objec- tions. Parties dissatisfied with the decisions of the com missioners were heard before them, and, so far as odjec. tions were presented, the dectsiona of the commissione: were reviewed, and, up’n such review, sach corrections made as were deemad just by the cominissioners. The result is now presented to this court in tha report of the commirmioners. The only question now to be de- tern ined fs, whether the report shall be confirmed, o whe’ her it contains such errors as require that ic shold be referred back to the same or otner commissioners for reconsideration. This is the extent ot the power ves'ed inthe court upon this proceeding. I am to consider, therefore, the reasons u againat the confirmation of the reports These grounds of objection may generaliy b> divided into two classes: First, those presented by tho owners of property taken for the improvement; and se- cond those presented by the owners of property a3- sessed tor benefit to be derived trom the improvement. Kachgwill require a separate consideration. The number of city lots taken for the improvement {1 about 7,500, for which the commissioners have awarded upwards of five millions of dollars. Of the owners o! these lots but about one ia forty have appeared to object to the award. The very fact that thirty-nine out of ever forty owners of the large tract of embraced in this Proceecing have net deemed it for their interest to onject othe report, certainly farnishes very salisfastory ovi- cence ‘hat the commissioners have, with eminent suc- cesr, addressed themselves to the accomplishment of the great task they bad assumed, of ascertaining the true value of so vast an amount of property. ‘The Gifficui ae their work was evidently very much increased by the fact that the lots to be appraised by them were, for the most part, wholly unproductive. Their value was rather prespestive and conjectural, ratber than presrmtand real, It is in respect to such property mere thaa any other that the opinions, even of Clacreet men, wil! be found to take the widest range. It is no matier of surprise, therefore, toat, of so many own- ers, bere ind there one should be found who honestly and tincerely feels that he has suffered injustice a: the hands of the commissioners. I am myself not without some apprehension that, {a a fow instances, an inadequate price bas in fact been allowed. og the most earneat of those who oppose tie con- firmation of the report, are som, who in Desember, 1852, purchased ata pubdic sale by ths Corporation of New York, # portion of the #ame lots—none taten entirely for this improvement. I am entirely «atisied that the prices bid upon that sale were generally far above any reasonable appraisal of the lots, the sale amounted to rearly helfe milion dol'ars. Of the purchasers, nearly Lalf abandoned ‘heir bids before paying any hing, others paid their ten per cent upon the sale, bat never consum- mated their purchase, preferring rather to forfelt what they had pafd than to pay the oalance of the purchase money for the land. It was also stated, upon the hearing, Ubata large amount of the purchase money had been re- mitted to the purchasers by the Corporation. ‘The appraisal of these lots by the commissioners is, I think, about fifty rer cent w the prices bid at the Corporation sale, some instances the award is less than the amount now due to the Corporation upon the bonds and mortgages executed to secure part only of the purchase money. To such purchasers the decieioa of the commissioners may well seem severe and unjust. [+ was with some degree of plausibility that thoy insisted we that having paid to the Corporation now, when the Coiporation, sguinst their consent, is about 1 re\nke the property, it should not be heard to deny that it is worth what it received upon its sale, But it is obvious that the commissioners could adopt no such rule of discriminatien. It was their singie duty to fix what the; to be the present real value of each lot, taken without regard to the amount it migh« have cost its owner, or the source from which he derived his titkh—what may be the oquit- able relations between purchasers and the the corpora.ton, when whe lots shall be taken, I need not bow coprider, It may well be that, in some instances, the Commis- #loners may have erred ia their Judgrasnt as to the va! cf property taken fur this great improvement. indeed, be rurprising if tuey had not. Bat I at \berty to deny the motion to contirm their report upon the mer fe Sear that they may have thus erred. ‘They have had an oppertunity of wi ho premlssn They may have obtained the opinions of judicious and informed men on the subject, and, during the two have had the subject before them, way have fources which bei ea- Ughtened their judgment, and ensoled them at last to make just estimate of the value of each of the au- merous lots embraced in their report. To ailow their judgment, thus deliberately and intelligently formed, to be overcome by the opinions of interest: ed parties, or even the opinions of disinterested witnesses, tho valuo cf whose opinions the Court has no weens of tes'ing, would be a manifest perversion of the object of the Legisiature in providing for this review of the proceedings of the Commissioners, If, ia the dis- charge of their duty, the Commissioners have proceeded in the manner pressribed by law, and have violated no legal principle in making their awards, Court must be ratisfed almost to « demonsti that they have materially erred upon questions ralue oefore it will be jnstified in heer | the report back for reconsideration. iw not convinced that any such error has been com- mitted. It remains for me now to consider the objections whieh have been urged against the report by those whove pro- perty has been assessed for benefit. 7, the sat relative to Publie squares and places in the oliy of New York, sasod April 11, 1815, whioh by the act of 1853 was made applics- ble to this p ing, the Commissioasrs were required, afver having mace their award of damages to the owners of property to be taken, to proceed to make a just and equitable arsesement of the value of the benefit’ and ad vantage of the coutempleted improvement upon the own. ers of other lands lyog without the limits of tho im. provement, to the extent of euch benefit. It was objected upon the hearing, that in mak| these aeneasments, the Commissioners eo» 4 go beyond the lands f-onting upon the proposed pubic square or plaxe, and those lyiag within half the distance of the next «treet or avenue; bu in the fourth sec'fon of the act of 1815, 1 expressly do clared that upon the opening of @ pudlic square or piase the Commissioners rhall not be confined in their oa.imate and assessment of benefits to any limitor limits whatso- over. By the 7th section of an act ia relation to the collection ofyessevaments, &e., paseod May 14, 1840, it fs deciared that Commirstoners for making estimates and aszessmonts for any improvement authorized by law, shall in no caso romper a ects lot, improved cr unimproved iand, more than one-half the value thereof, as valued by the aaves- 3. “~ fore Of e wudia witch ‘ho ems sani oe aiiaetet, | Tho Cummissisver pe cended uicor this cestrist ala | making tuel sareion cuts fo beasts It 14 @ len04, oma | no comot with Wulb, that tae lands io the iumediats neighberhoud of the pr po-es square wai whica are con. | feasedly bs be m8 beuntitted by the improvement, betog | vacant and unproductive has beea vslued by the difer- | ent ¥arc assessors at pricos far veiow thei value, andia | scme wards ut prices relative y below the prices in olave wards, The consequeace of this restristion up» the power of the Commissioners has beea ia many ia¥'aoces | to relieve the owners of lots most heneficted by the im- provement from tue paywent of an arsesnmeat équal 69 the extent of euch b end thas reducs the aggeegste | enount of the assessments. Cue whole amount asteoind upon the owcers of property for benefit i4 abvat oas ail. lhon ix huadred end fifty toousgud dollars. [ believe taat but for ‘he restriction impose) upon the Commisstocers by the wet or 1840, a much larger amouut of assesment might have been tmposed without the less? injus'ixe. Uf this, Lowever, no one but toe Corpors-tioa uf New Yok, which is required to make up the deticiaocy, bas tho right to compisin. Maoy of vhis claas of persons ¥D0 peared to object to the confirmation of the report in bisted, not so much that there own masessraea's Were Ex ceasive as when comps ed with otaura, thoy were reletavely too bigh. But tn, obvwusly, doas mot fare much % geod groucd of ejection If the onjaosor pays no more (han the amount ot benefit he receives, it does not Me with him to matst that another pays less By the act of 195% toe Corporation of Now York is authorized, atter vpply ng che am suut of the assesemen's for benefits to the payment of the dauayes swardea oy the Coima issiouers wad che expenses of the proowwdiag, 0 rairvo th cetichoney by crea g puolis stock, | to be callea ‘the Central & Sana,” re deemable 1a f rey-tive years after the ‘passage of the ao’, and bearing sa uiterestof tive per cen. Li is Alto Ceclared tbat for he payment o’ ths stoee thas te be issned the land to oe iaven #bali o@ ircavocaoly | pledged 1b was irafsted that this piedye of the isad, vue vo.ving the righ) to withdraw ié from the gurls w whieh it 1 taken, $¥ipconsis en: with Its perpetiaal deilt- carton to the purposes of » public sqaure, for ths beasties of witop aloue the owners of atjewas tauds nave orem eseessed. Lois, though not much pre-sed upon the arga- ment, Las seemed to me to be by tar the moss gears oD- Jeoticg whic” has been pre ested againet the vauuity of | the proceeding It is, perhaps, uoneces-ay to 2 asiler | | it hers. The only power ves'ed ia tne co irtis to coniiem | the report or send it ack for revi-ai, If there be this radical defect in the proceeding, no possible advantege coud resuit from @ refusal to conflem the cepor’, Bat do not think the objecifon can pe sustuiaed fhe laod has beeu take from use, It is to Ed d it is tsken, Tre ‘1th of the perhaps, of the State is pledged that the loan sha!l on paid. tt is only upon eo viotwtion cf this faith that the partes as- sessed cam be Ceprived of tne sevetits contemplated. Practically they Go rec-ive such b-nefite. fhe value of thetr lands is increased by the imp-ovement, and ‘hus they receive an equivalent for ihe asséssmoeat they are required to pay. 1c may be that, in the langaage of the counsel who presenrea this objvetioa, ‘ tha asasesmeat of land for venefit implies a covenant for the continu- ance of thet bened:.” Bus if so, the possiolity that ‘the benefit may be ciscontinued does net render the aa- sessment invalid, A‘ the mos, it could oaly furnish toe basis cf claim for compensation it the contingency should hapven. A fow objections of a more general character dsserve to be briefly nouiced. Damages are awarded to the Cor- poration itself for lots incluaed within the limits of the square, to the amount of wooat sig hundred and fi'ty thousand dotlars, It is said that by au ordinance of the Common Council, passed in 1844, ail tae propsrty of the Corporati n, including these lots, was sasroily pl-dgad for the payment of the funded deb; of the cit: that ite owners for pubite javoted to the objest for whisn ty, the Corpora ion baye n> right now to dive lota from this object acd devote tuem to the purpose pro- posed. It may well be that the creditors of the Corpora- tion have a right to have the amount awarded as ts price of these lots fa some way secured (rr their benefit, bat whetuer they have or not, is is a sufficient answer to this objection to sey, that itis a ques ion which in no way concerns those ¥ho opp ‘se ths coniirmstioa of this report. ‘The same anewer applies, V0, to the o rjection that the public property, such as the Avrenal, the Croton Reser- vior and Hamil on square, have not been assessed. It is probable that these lanis’ were not assessed for the rea- son that, on account of the purposes to waich they were voted they Would not be danetiited by the con'emplat- edimprovement. Bu! w.ethor this be so or not, it doas not lie with others who have been assossed t> object that for any reason these have been omit od It is alzo objected that the Commissioners bad no rigbt, in making their award, to declare that the am unt due the Corporation for unpaid tax: id as-essments shoald be deducted from the amount of award for the samo lots. ‘This may be so; but this declara fon ia the report is entirety harmiess. The amount of the awards by che Commissioners, by the terma of the act of 1853, will be- come a cebt against tha Corporation, due and payable immediately upon the confirmation of the report. If those entitied to receive these awards are themselves in- debdted to the Corporatioa for taxes or assessmants, it did not require the authority of the Commissioners to se’ off one debt against another. . An objection is now taken for the first tims to the va- Mdisy the appointment of the Commissioners. The or- der for the appcintment was made by Mr. Justice Mitch- el, and it is now vaid that he is a relative to one of the ies atsessed for benefit. The objection is unte- nab'e, Judge Mitchell might not now sit to hear this mo- tion for confirmation. ‘The par ies assessed for benofit sre now parties to the proceeding. But when he enter- tained the motion for the appointment of Commissioners, they were not, and, of course, he was not legally diequa- lified. The ‘aot that the relative has been brought with- in tho range of assesemen;, ia alone sufficient to show that the objection is altogether technical. Again, iv is objected that Mr. Brady, one of ihe Com- mirsioners, ia a brother to two of the owners of lots “taken for the improvement, to whom damages have been awarded. This might have furnished s proper ground of objection to be addressed to the discretionary power of the court, upon the pppointment of the Commissioners, bot it in xo way affects the validity of the report. Tae law declares that no judge ct avy court shall sitin any cause in which @ relative witain the ninth degree is a party. This prohibition relates entirely to courts of jas- tice, and not tos special statutory proceeding lixe this, Thote who made this objection frankly admitted that it derived no support trom the amount of the award. T have thus noticed the priacipal grounds which have been urged against the confirma‘ion of this report; I have, also, since the argament, carefully examiued all the objections and affidavits filed with the Commissioners by thcse who now resist the confirmation, There are 8 few casos of individual hardship which have my sympa- thy, and for which I would giadiy provide some relief. But my examination has resul'ed in the fall conviction that no legal errors have been committed in the pro- oveding, and that the report is, in the whole, pre-omi- nenily judicious and equitable. I have nv hesitation, therefore, in directing that an order be entered for its confirmation. Mr. Mott was proceeding to make some exsop'tons when Mr, Dillon aafd that the deciston of this Court was fiaal and the matter could not be appealed, The Court would permit Mr. Mott to read his excep- tions, but he could 'ao; order the paper +0 be filed. The councel might go before the general term ani make his moulon. Allegations Rcepecting American Trade with Russia, [To the Editor of the London News.) £m—The epicit of fairness uniformly shown by your jourpai towards America, {nduces me to ask a place ia your eo uwns for the refutation of certain calumnies recently circulated 1especting American ships trading with Russis. In the ‘City Arifole” of theyZmes of the 8th inst., it was steed tua! “come Amencia vessels bad got into Archangel iext autumn, dringlag large supplies of arms and other murtiioce of wer, and a'terwarde cleared with cargoes The sume story bad been eirsulated come two months before, end fully iefuted by @ well knowa London merchant, in letter pub'i:hed in ihe Times. On the 10th ult., in the large type of ‘* Our Own Correspondent,” from Berli sorte as usual, next morning,) it was stated that “the American clipper Wolga pat to saa on Christmas.eve”’ from the Sound; and the writer adds, “it seems certain that this vessel had a valuable cargo, otietiy ot arms, on board, and hed been waiting so long in those waters for an op tunity of bringing them in salty to ‘ian coast.” A similar statement, with various additional particulars and surmises, had ap- Poor in the rame morning (first edition of the Témes, Oth inst. pander the form of a ‘ Letter from Copenha- Jan. oling myself olcsely connected with the owners and charterers cf the vensels dhs the full- eat know goes and destina- tions, I had {tin my power to contradict most positively every word of the above statements, and! lost no time in wiiting to the Times to that effect; but no notice has been taken of my ccmmunicstions. Permit me, thsre- fore, here to state, that of the only two Amerizan ves- sels which were at Arohsogo! Iast autumn, one arrived from London in ballast, the o@er from Laguna (having touched mere y at fatecmediate ports for orders), with a foll cargo of nog. Nettuer ot them had on board ony arma, muni , or other contraband of war what- ever. The Volga, whose long stay at Copenhagen has given rise to so many ue ¢rpayer paragraphs, was loaded solely with logwood and cot’on. captain, Holm, was born in Denmark, bus emigrated when very young, and has tor many years been « natu- American citizen. Fu bimself—very ssighbers oh Comrebaaen, ‘sel cterel, ta. tape ot "al » l, it eittess whish T Showsd bs plod to seer tustiated” hy tse 4 by ; to allow his shio to oe unleaded and searched by ), spd to bear the expense in oase avy contraband of war should be found om board. His offer was at first ac- cep , and then declined as unnosessary; but for mutual cargo oon- Dragon gave him a certifionte Cy | e@xonerating him from suspicion. The Warhington at, perhaps, stigmatize this Copssction as a nee te hs Amercian ‘lag, and the Times tomy sneer at English oom ie who allowed bimself to be humbagged by a lyicg Yankoe; but will aot any right minced man of either na:ion epprove the can- did nud conciliatory spirit shown by both parties, as worthy of their respeouve positions and countries ? Iwill only add that I can vouch personally for the en- lire accuracy of this statemen?, and the utter falsehood of the s legations contsined in the Zimes. [enclose my card, and romain, yours, &e. AN AMERICAN MERCHANT. palonvon, Jam. 14, 1866, A Peratriey Inptan —While engaged in encavat- ng recently, upon the Milwaukie and La Crosse Railroad, nea) Schlerorgerville, lowa, the workmen came upon tie petrified remains of an Incian, and with the remsios somo ringular relics of ol’en times, fhe body was porfest, not having suffered by decay. eight, at the present time, would be considered gigantic, measuring 7 teo: 2 inches, On his breast was a piste of copyer, om which wore engraved numerous hetroglyhice, the meaning ot which can hardly be imagined. Bait they are a reso d of the past. Could these heire be read, they m gat, yerbapa, unveil some of the m: sory whioh hangs like a dark cloud over the history of the rel man. Am arrow of considerable atrergth and curious construction way ala found with him, and espectally invites the attention of aptiquarians, America Nuvels Reviewed in (Yrom the Loud n Athenwam, Jam, 12.) We have had occa ioa trom tice 10 tims to record our epincn <f tue ssoui try of American boots whier come iu thowls iuto Or coesp lttecature: gentle dalned aad Palo wel of » eumi-religious character, have besa geac- rally the w rst iwulis to be aid to their cha go. The highly improbable cas: of characters and inci ents have reed « corsin wonder how rat nal netogs could be found t> take delight intuch readivg. Some o svels from the sxae prolific source, which are now before us, are ©! & my xe pretentiven clase, anc have rins of deeper dye. If \bey come to vite country as average spscimens of ‘ul grewm American povels, or if they farnisn only a remuiely reremb) jcture of Amerie in socicty, orly eay, wor be to the nation that The first poiot that strikes s'range- toe deeply seated tafvence of Preach novus, renptions of places and charace the Lone of thought, ail evince Gesire to write, speak, thivk descr was and Eugene Sue.’ The elfect ts curtous, and reso bles & parcel of distant colonists dre-sed up in sscond band Evrocean finery There is a toral absense of wholesome incividuality; but, fastead, there are French ‘a-hiov and imita ion of Feouck refinement. The flus bey ism is, however. gevuine eoough, and is shown fa the live of tler—in he worsuip f poops and vaoisdes, fine o cibes, fre uphols'ery, and Pronch ovokery If tue bo inclined to think ‘we are :evere, we’ will pro- rhow csure for our judgment, Hisy Limon profe- see to be @ peep at New York so ctety ” Helen fs the beau iful daughter ‘fun oxtrava- gart Ametoan merchant on the verge of bankruptcy, whose ow y hope i: toss Holeu will mske some briliieat match. Her cresses are described at full lengeh, aud Wille all the miwnieness of @ petit courrier des dames, Two Evglichmen, Lord De Vere aud hii nephew Sir Ar- chidaud Cow Wey. are goiog ths round of fashionabdis bos- pitali ier, ant Helen Leeson r Archibald. Cas Avericwts are e4 ignorsnt ‘reuch apout Bag- lish ties. I they will iasist apon ormamentlog thair dis course wilh eorooety, we ectreat chen t) aaderstand thas The de 8, he conversation, mbitious, restless be. lik» Balzao, Du & baronet i jorereed as My Lord,’ nor ts hewarvis- wap. Ax He wily Lovely ina dresa of white tulle em i}, hee fair brow srowued win «wre n grapes, lvaves tne ball at three in he morning, “a Joyful sects tom Curd her heart a4 | she repeated vo hersali, ‘Lacy Courtnay’s carriage.’ | But ales! “ the best Inid schemes of men and mire gang oft +Jee,"—as abe i+ Criving beme, wishoas escort or choperom, the carriage stops, tha bor satcealy opeus, acd ® usa syrings into tr, calling out to the driver, “Koger—go on’? She ix sddressed ‘ina mild yoise,” wrich is entirely unkoown to he-, entresting ier not t> | | PROGRESS OF THE NEGRO RAOB IN ENGL. be ‘errifled—upon which she fatuls away: ant hor com panion, who bad spparently prepares biuwelf for the | , “batbes her ‘empies with Cologns water ”? en taken to a lonely county howe, wuere in pall parlor cimly illuminates,” soos an elderly gent.ewe ho tells her ® long ramolin ory about Dis wrengs und bis revenge, at ths end of which the nding ip his rode lev, after tearing vif her wrearn of golden grapes,” is married indo form to a man whose came rhe coe pot know, aod is sent bi in her carriage, ard im & paroxyam of despatr. aske the friend to whom she confides her mis- fortune, “juntas fa'e was smiling upon ma—jast a4 49 for a prospect was before me—an’ what will sir A'chi- bald think of the change in my manner!’ ‘‘Come, come, Eley,’ replies her frited, ‘you do mot oare tor that young iorignifieant shoot of f= gush mobi y.”” The busband, ¥ho is represented aga viotia to wa unforta- nate paeeion for his unwilliog bride, afer a vain attoupt to solten her heart, takes hia pasasge ia the siesmer Atlentic, and sbancons bis home and bis ry tor ever. kelen, af er his departure, keeps her aasel, and plunges in’ oll toe * festivicies uf the seas when Waiter Gray, as her mysierigus husband is has fairly g ne Leyoud recat, she proosedy to tall in Lows with his cemory. The author, having bigoly blamed hor previous ineepsibuity, proceods 0 retard her virtue in relenting. “he is taken a Journey to Rurope; and, wol ae travelling in Switzeriand, is Gvortaken by a’ storin, end driven for sheltar to @ piciutesqus eot’age, which she finds furnished wih ‘1aarcon-oolsed velvet,” in a etyle of elegant upholsery; and in & small fanctuary, ‘tea feet aquire, aud’ entirely hung with folda of crimson velvet,” with an elegant gilt Jamp hanging from the ceiling, she sees pedestal of beautifully wrought white maple, uyen which lay the ‘wreath of golden grapes,” ane had “tora of” on the cccasicn of her macriags. Sudcenly har husband stands before her; after some faiating away. there is rapturous reconsiliation. Ha explaias his sudden apparition ly telling her that wiea ha left her in despair of ever winning her affections, he par- cbared thia then proceaded to furnish is to sult my m plc tastes,—to surround mysolf with everything that could asothe my bligntéll spirit.” They are marned over again wih their own fall consen ge back to America, where they live bapny eve Vi ut there is yet w moral to this tale, whicn {s too oh. rasteristic to be omiited. Shortly after marriage, Hl is invited to a family festival, for which she hus ny crs. She receives “a box containing @ wate moire aniiqus dress, with thrend lace ounces, and an ex;uis te caiifure of white feathers.’” ‘How have Tdeser °e so much lover” exclaimed Helen. “By walking st° ily in the path of éuty,” whispered Anna, The reward of viriue caa no further go! Li, by the author of “Busy Moments of an Idle Woman,” cannot boast the absurcity of “* Helen Leeson’; but ithas the same original sias of prife, vanity, an vulgarity: the dresirg of the heroines snd ths adotaing ofthe boudeirs might serve as advertisements for the mantua-makers and upholsterers. There is a worldly young man, who is engaged to the good hervine, but who carries on a desperate flirtation with the bed herolie— animitation French coquetite—who sweeps about, su- perbly dressed, ‘with magnificent action and yolami- ous tkirte,” and who wri-es letters upon tea green paper, with initials in dead gcld, wherein sho praises Lily, tbe heroine, for being ‘eo clroumspect, wo dignified, and #0 intolerant of double entendres, fulsome compliments, and free and casy manners.” The hero, wo are sorry to aay, has a Creole mistress; who, stung wita jealousy, polvons Lily on the eve of her wedding day, and then goes and drowns herself; bnt this catastrophe comes # unex- Bectedly upon the unprepared reader that it drops like a stone, ard makes little or no impressiou. Those who wish ‘to know the choice conversation in fashionable American scclety can fad #} here of Americans ax painted by themselves. Caste: 4 Srory or Rercniicay Equatity, by S. A Storey, Jr., is a novel of greater talent than the’ preceding ones, and belongs to @ better class of boobs. The iaterest turns upon the painful social difficulties entailed upon all who bave colored blood in ‘heir veins. It is aatory of social alave life, far more capable of interest t» Europeans than any negro wrongs, however eloquently detatied. The heroine is a quacroon, but tgnorant of her parentage. She is on the point of macriage with the son of « wealthy planter, when the secret of her birth is revealed. Her mother bad been a beautiful half-caste slave, and she ia herself born a slave; the laws of the State render mar- risgen between colored persona aud whites illegal. Tho situation Is fuli of painful icterest. The heroine's bro- ther, a slave, ands qoadroon lik herse!f, has marcied, aud is living happily with his young wifa, (n a free Sta’s, when the tidings reach him, and all the ties of social life melt like wax before the tatal fact—that he ix nov a white men. The interest ot the book hinges entirely apon the tiuth cf the eitustions, and upon the eri! fave that over- takes two innocent crea‘ures who have done nothing t> deserve, and can do nothing to avert, their destiay, Che story, as a story, might have beau’ better weitten and more broadly worked out. There iss gonernl feabionors of effect a4 contrasted with what might have ben made of the subject; but the social questi mcf slavery 14 trea: ed with a temperateness that shows a wise and discerning apirit. Veterans of the last War at Albany. GENERAL ORDERS. Heapquarrers, ALaxy, Feb. 1, 1956. The Genaral-in-Chief strongly recommends, and hereby directs, that a convention of ihe officers and soldiers of the war of 1812, residing iu the several couvtien uf tha State of New York, who will appesr in person or by dela- gates at the American Hotel, in the clty of Albsny, «halt ssremble on the tweuty-second day of Vebraury tastent, to commemora’e the birth day of the Illustrious Wasuing: ton; to mem rislize the legislature to appropriate tho necessary fun’s to pay their claims for olothing aaa incidental expeckes incurred in tust war, and solemuly admitted to be due to them by statute, and to traneact such other business as the occasion way require. To celebrate ia a becoming manner a dsy marked in the history of the nation as memorable for the birth of « great and go:d man, whose fame and services are dear to | every American beart, his memory choriahed with mla- gle’ feelings «f profovnd reverence an4 Glial regard, and whore glorious nume the free spirits of the word delight to honor, the underrigued ia the name of the au:ivore of the brave and putrlotic solciers of the war of 1812, whom hehas the’honorto repreeent, hereby cordially and most re- spectfuily invite His Execllency ‘the Govenor cf tae State of jew York and suite, the honorable mem ers of the “eoate and House of Assembly, the Corporaticn and ct‘izons of Albavy,t he several military fire and civic companies in the city of Albany and in the @ juicing cities and tows, to unite with them in the ceremonies and -military proceed- ings of the da; To consummate thir arrangement the Genoral- ia- respeetfully requeets the Hoo. John W. Harcour terant Colonel of the 26th Regiment, to officiate as Marshal, and Capt. Joshua Muurre, Capt John 3. Raboins, Lieut. §. H. Drennon, Lieut. Christopher Hess, and Lieut. John Evera, of the city of sage end Livingston Spcaker, esq. of Palatine, as assistant Marshals ot the day. And he vegs leave to derignate'as commit ee of arrrangsments the followirg named officor and gout enen:~ Gen. Wan. Seymour, Gen, Tacmas Machin, Col Lemuel Jenkins, Col. Peter Osterhout, Col. F. P. Bellinger, and Hon James Rider. of the Senate, and Hon. G. Deoni-ton and Hoa. Caleb Goodrich and Hon. Isaac Woods of the Avsembly. JOHN 8. VAN RENSSELAER, General-in Chief” ot the Veterans of 1812 in the State of New York Dr. Kane’s Arctic Expedition. TO THE EDITOR OF THE LONDON TIMRS. Sir:—Dr. Kanejs official despatches, wita thy chart of hia Arctic discoveries, are now before the public. Ax I apprehended, they clear away all the obscurity ooa'ained in the newspaper accounts and waquentionstly place Dr. Kane in the foremost rank of Arotic explorers. Had he beard the hearty cheer which, at the sug: gestion of the hydrographer, was raised to his honor last night in the rooms of the Geographical Society oy the crowded andience who heard his modest yet extr .ordi inary nerra'ive, he would, I am sure, have been bignly gratified. Having heard from friends in the United States that 4 letter of mine in your columns has had tho effest of lead- ing to #n erroneous idea, that Dr. Kane's arduous ant hercle undertaking was not daly appre sated ta this country, I shall feel greatly obliged by the publwation of this communication, whish I trust will have the effect of arsuring the gsilant doctor that he {s highly es!*ened ate admired by all who take an interest in Arctis explo- ration, I may be permitted to add an intorosting fact whten does not appear in his official Cespatch to the Admiraity, [Nexy Department.] but which be communtoates ta letter to @ friend. ‘It is that although the tem) at the winter quarters of the expedition was colde: than hse ever been exporienced in the Arc'ic regions, tha’ of the 0; en water to the north was comparatively very high, door ct anotter room opens’ and discloves «clergyman | tis mis great, Reig Fed sutmal Ife was seen, inalntin whales Yeating birds, 1 am, sir, your obscien pink ial = j wR. WELD, Sommvexr Hoven, Jan. 16, 1856 | to know whether he was marr! ‘The African Rosctus in a Crim, Con. Trial. DAMAGES FOR THR PLAINTICF. {tom the London News, Jau. 18) ey Ia the Court of Queen's Bench yesverday this actioa acne eee Oe ik inst TT '. a" |, in oj the p'vinti ‘said that b "eomnpeasetin case. ougat to recover compensation in di- mages don of his wie by th» defandaas. The piaiotiff was» very yourg man; a surgeon, Hal. The defendant had sssumed considerable raputati mas we acior, under the name of the ‘alrican Roweius”? aad he was well calculatei 1o play certain paris, veing ‘ovlor- ed’ 1y nature, avd he had amassed 8 consicerable sam of money. The plain:iil sas now carcyiog 00 the busi- ness of a surge n dextist, but in 1849 he bad taken @ fancy to try his furtace on the etage, wad, having heard Of the owedrity of the detandant, he’ went co Liverp20l, where tne derepdsnt was then “sterring’’ it «8 tae ‘Afedi- cau Rowetus.’’ H ta roduc) bimself vo the defea tant, aad it ended in bis offe ing ty teach the ptstasif fora sam of £50 Toe ound on 8 reversion co woish ae was ea- tided for a amailof money, und he gave the dsfond- aut 450. The young min was seat to Huil, Liver- peel Wales, aud other places. soon « we this, upoe the troduction ot the efud-nt, the plilavt® was indursd, 4 the axe of eightecn, to mary ® young gel who resid- @1 whe © they logge, 6 22 Jud) place, New road, Taey were ma ried on toe 15th Auguss, 1819; tie defendant Was presen’, aid gave the you g wounc awry. After narrigge, Lue defendan} seat the pwiatul upon & theate- cal eogegement to Wyle. tte his wife, and sae re- wainea there with huu tor some fe months, waen, fimde iog he couid mt wiford t take ‘he viilerent ot cuise with hiw, he sent her tojher mother’s at Toarridge Weils, and durieg the sepa: acon the deterduut bat takea acvantage of the opp ivy aod bet soducrd the wife. Hehid conducted himeelf with ail tie arts of & prac Une. reducer, «nd the consequences was. tha: 1863, the wile gave birth tachi A’ the pregbancy, the defendant, who ws periormias Inpny. wrote tais jester to the wit: MY Dest Kaowa—Youc le'tar bas just now coached me, and Tam very much surprised at its convouis. You may oo inte tukeu. You say Wi lia (the husband) bus beva with you, wed isi cot likely that his vielix nave vecastouod However, wri me paricnlars immediate y—tell m thing what you Intena doing and where you mean to Twill make Aremitiauce. Has Mes. A. quesvoned you “by Wib me? and it 89 what passed? How ia your aunt® is William? Whet brought bim to wat Yours ain- corey, IBA. Afier Mrs, Stothard waa sovfiued bis tone becaas al- tered, avd be wrote her this ie: ec: ~ Drax MapaM—~You yould not have been negteoted but I had Some communications wade to me of most Lapruden’ sondaet part, *hich very muavn annoye ‘and caused me give th tay 1 Whe dress you again. 1 do > now, bowever wad if you aesurance tba: the child is color,” and that ‘her is the person soa name (himeeli)—you und estand me~both you and your child aha) not be nogiasied. Te. oy Or girl!” #rite by return, anclosing (he same ta the e velopa Sent m’ne up aod then direct {i to me Lu ook ¢. ‘Teil ine, does your mothar know whe shild d is she unkind to yout ‘Did your auut leave you say thing? Youre faiihfully I He would provs thit the child waa of “colo.” The chia was now dead He would proouos the eviu-n fore theca, snd wou'd ask them to give sasn 4 woud mark thel seuse of the defendact’s cond d. The fo: mal profs of the marriage on the 15tn of Au- gust, 1849, were put ia. Tt was proved hat the defendant had acted onder the name cf the A‘rican Rosoius. He wat & blok sa: bus rather a detiiable oat. He played boca tragedy wad oo- medy weil. Mra, Inglodew—I am the mother of Mrs. Stothard; sho {snow ‘hirty years of age; I saw ths plsintilf just bsfoce Ley vere wiarried; ehe was then with me at Tonbridge Weils; the plaintiff came down to take her to be imacried; I was unfavo able to the marriage; ia sevan or eight months alver the marriage she returnsd t> me; I 0 jec'ed to the match on account of the plaiatif belmg a por- former; +be had previously boen residing with be- aunt ia Londen; the defendant lodged with her aunt, 41 it was there the paiaiif first saw my daughter; aec auat dio, ard 1 chen went to London, aad wy daugh’er | them fouré had seen confined on tha 16th Mirch, 1853; T saw the child; tt was a colored boy; my daugaiéc lived with me after ber marriage, becaase Lee husoand coull not eupport her, he earutbg to little; she took ia usedie- @ fort she etill remains with me, Cros:-examiced.—I oppored the marriage very steonglys” my dnugter had resided for some yoars with her auaty Mr, and Mrs. Aldricge iodged in the same house; a Mra. Groom kept the house; my daughvec has only had two childven; the first was by her husband, and waa born ten montbs after the marriage; the other child was the one of color; my dauguter never complaiaed of the troat- nent cf ber husband; [have not seen the plaintiff sinee the summer; my daughter is nct Hviog with hiu: nor has the done so tor the /ast six years; she works at her needle for a living; she upbratded him for neg'ecting her, but he J he had written letters to her wnich ahe bac not received; 1 am in indigent circumstances: she « confued of her first child im the Lying-in- Hospitals on't know where her husband was at the tino; he wrote to her in the hospital, saying that his aunt wished , and if inquicies were made he requestea his wife to say they were not married. Re-examined —When she wrote to him complaining of neglect, he answered that he earned so lite he really he tes nov aS her money. ‘usannah Burgess—M:¢. Stotbard came and 1 with me in 1863, and during the tlue she was nocaeey of a colored child; I know the detendant; I saw him and said to him, ‘Do you remember Emma S:othard?!’ he raid, ‘Perfectly well;”” Tnaid she bad a child, of which he was the father; he seemed; confused, aud’ asked me why I said he was the father? I sai, © because it is so mucn like you;” he said, ‘she is married;” I aid, “I know that, but white men don’t be got black chiliren:?* he said, “ are you s mother ?”” I said | had had nine chi- dren, but I had never had @ black one; she was confined at my house, avd told me Aldridge would remunerate me; he sald ke could not give me snything just then, but if 1 would leave my address he would send to me; shortly alter that I wrote to him, end he sent word tha! I was to go tu bis house; | went there on the 19th of May, and he favo me be.; he sald, “'T don’t give you that on kmma'e Sccount, but for your family:” f had not applied to him beicre because be was not in Kugland; the cbild was born on the 16th of March, 1853; I was godmother to it. Mrs. Matthews—I had this ehlld to nurse when it wae Give months old; 14 was @ colored child; {t died with meg Mrs. Stothard went to the tuneral. Mr. Smely—I am a surgeon living in Judd place, New read; the child was brought to my house; it dled ot dy- renters, acd I certified the cause of death; it was colored, ‘and bad woolly hair. Mr. Dillon—! am 6 theatrical agent; I know the defon- dant, and bave done so for thirty years; ne is about 60; Thave repeatedly made engagements for hin; he is now ‘or! Ricuard Norman—I am an actor at the Surrey theatres 1 know the plsintaif; be went by the name of Stewart; he Was acting with mat the minor thea.re in Liverpool for rearly twelve mouths; I should say he earned about @ guinea 8 week; be played “utility” parts ia anything; e was & listie, fair man, about 22. Mr. Serjoan: Wilsina thon addressed the Judge for the defendant, contending that there was no proof that these parties were tre persons who were married. The learned Judge thought the eviienoe was suffictent to go to the jury. Mr. Jaimes then summed up the evidence he had called. * Mr. Sergeant Wilkins then adaressed the jary tor the defendant. Mr. Justice Williams, whea at the bar, had accresesd » Welsb jury, and then #aid he would call wit- Leseesgim eupport of bis speech, but was interrupted by tke jufy, who satd he need not trouble himseif, as they believed every word he had tard. If, therefore, they be- heved Mr. Ji this was avery bai case, But how was that speech supported by the evidence? Maw things bad been staced, but ii:tie bad been pro tl Tar re was no proof of the defendant having introduced. the intif to bis wife, or that he had given her awsy. What evideace waa there of any seductim? Let them look at this beart-broken husvaud. Why, be bad never lived wich his wife for six years, Acocrding to the evidence of her mother, ho hed litber %) the mercy of the world. Had he not sworn to toke ber for betver or wore? And yet be had sent her fiom bm, and there was no proof of his having ever seat ber farthing. Was it true that be had wr.iten to his wife, telling ber to deny the mar ‘and hoid herself Out as woman of shame? Was that trae? Her mother relit: was What lose bad the plalatiff sustained? The procf of adultery was very slight. Aldridge was not the only man of color, O.hello was a Moor—« handsome nen: bit Aldritge was an Afcican. What would J who would fall to the arta and devices of a “aignert’’ “The moment @ woman yielded to those de- s'vea which were @ curse of her navure, then the word the'plan lite bande he had thrown ft srapand Crompled the plainiit's is thrown it aw upon it Where, then, was the ciaim for ages? "e learned Jodge summed ‘ ine Jury returned a verdict, ¥. r the plaintiff, damages Bifects of the Cold Weather at the South, A few dayu ago we the New Orleans papers am account of large fire in that city, the disas'rous result ment wes unshle 4 properly Ao Uhelc aunty eving oe toe howeten being S000 totus ees od iin Seine circa ced aan eae ortho Wee tie Pevenoris, Florida, Democrat, om We vem the tedulgesee se our readers for ‘the m appesrance of our to-day. It is due to the «; ot the doors of Aclus’ ice house, for the last few ¢ with its accompanying boreal blasts, and gor equeus oe comfort to one. It was almost bie for us to work. The result of such an event, in vieinity, has been aleo disastrous to all ane mony ofour orarge trees have been bi deait by. ‘the Mon'gomery, Alabama, Afail, of ult, oom- tains the ing announcement: — Owing to the cold weather, Rev. &, D. Baldwin was an able to fil bis aj intment to lecture on Monday ‘Dut will be in place as soon aa the ‘woether ott wae” INCIDENTS OF THE MontTH—The following are some of the princtpal events which have cocurred the month of February, in time past :— 1~ First Presiden inl election in United States, 1789. 2—Lorenzo Dow died, 1834. SBlavery abolisbed in French colonies, 1794. 4—Jobn rx burnt, 1565 ; stoambcats barat at New Orleans and 37 lives lost. 6—Farthqueke in New England, 1726. &—Mary, Queen of Scots died, 1587. 0—Herrisoa born, 1773. 11 De Witt Clinton died, 1828. 12—Peace with Groat Britain, 1816. , France, 1700, ay. 15—Galileo born, 1564. 16—Melanoth n born, 1497. 11—Michael Angelo died, 1663; Russians at Ew routed by the Turks under Omar Pacha, 1 18—Vermont admitted into the Union, 1701; Lather de®, 1646, 10—Florida ceded to the United States, 1821. 20—Voitaire born, 1694; Bellamy born, 1719, 21—Robert Hall dled, 1831. 92—Waarington born, 1732 WeFlori¢a ceced to the tame cied, 1948. U— Fulv n aied, 26—Piin ing introduced in New York, 1608, 26—Napoleon leaves klba, 1815. 27—Karthquake at Broussa, 600 killed and woyndet, 1866. United States, 1819; J, @