The New York Herald Newspaper, July 8, 1856, Page 3

THE CASE OF THE STATE TREASURER, Affidavit of the Surveyor General and State Engineer—Accompanying Correspondence— Reply of Stephen Clark, State Treasurer. “We present to our readers copies of all the papers re- Mative to the attempt made to suspend Stephen Clark, ‘Wreasurer of the State of New York, from exercising the duties of his office, together with his reply. It will be qeen by the affidavit of S. Seymour that Mr. Clark is charged with a violation of his duty by authorizing the ‘transfer, in connection with several other State offices, sof two canal engineers, There is no charge against him welating to bis conduct as Treasurer, in which capacity, feny, the Governor may, for good cause, suspend him anti! the meeting of the Legislature. Some of the news sapere have gone so far as tostate that the Treasurer has eon suspended, and is a defwulter. We understand that Mr. Clark values his reputation as a private citizon and spublic officer too highly to suiler such charges to be pro- imlgated with impunity. It was asserted also that ths Ejdeutenamt Governor signed charges ag iust Mr. Clark, ‘Wut nothing of the kind appears from the record, and we Jearn he only presented tho papers to his Excelleney the Governor, and probably, in order to obiain possession of tthe Canal Board, urged the suspension of the Treasurer:— AFFIDAVIT OF SILAS SEYMOUR, STATE ENGINEER AND SURVEYOR. Silas Seymour being duly -worn, deposes and sare “That he ds te present Stato hogineer and Sarveyor of the Btate of New York; that as such the law gives him the i jo prescribe and define the ed vy the Canal Board, aad division engineer, scorresponding with the divisious of each Canal Commis- sioner, aud to each Resident Engineer such sub-division sof the canals, and to the direst assistant engineers such lo- ‘And this deponent f March last, the Canal rker to the office of Re- veident oer, to take effect the Ist of April. That con or @bowt the ‘28th of March, the Canal Board appointod Mr. 8. A. Charlos to tho office of Resident Engineer. ‘That this deponent, on the 29tb an’ sist of March, direct- ed letters t Messrs. Barker and Charles, of which the sannexed are true copies, assigning said ‘Barker to the third sub-division of the Western division of the Erie anal, the oflice of which is and assigning said Charles to the Champlain canal, the office of which is located at Waterford; that tho said Barker and Charles immediateiy repaired 'to the sald rea- @ective residences and entered upon the discharge of ‘their duties; and this depovent further says, that on the 28th of May, Mr. Learnou, an assistaut engineer located at Waterford came to this deponent at Albany, for instruc- ‘tions in relation to work in that vicinity, and stated to this sdeponent that M:. Charles, the resident engineer, had ‘een absent from that subdivision for several days or weeks, and that he understood that he (#aid Charle: would’ not return; that this deponent did thereupon, an ‘was obliged, in the due performance of his duty, to give written instructions W raid a-sistant eng.peer, in relation to work, a copy of which is hereto aunexed; that on or about the 20thof May, a serious break occurred in the ‘Champlain canal, uear Schuytervilie, to which break it ‘was the duty of the resideut engineer immediately to re- ir for the purpose of giving «directions and aiding the "perintendcnt and Commissioners in the repair of the @ame; that ou account of the resident engmeer, Mr. Charles, this deponent was obliged in the performance of his duty to direct Mr. Russell, a first assistant engineer, ‘who was engaged in the discharge of important duties at ‘or near Whitehall, to repair immediately to the break near Schyylerville, and aii the Superintendent aud Com- ‘missioners in repairing said breach, a copy of which in- structions is hereuptoannexed. And this dep ment fur- ‘ther says, that Mr. H. V. B. Barker called at bis office, in Albany, on Monday, June 2. and intormed this depouent ‘that he had received instructions from the Comptroller, Attorney General, Treasurer, newt A of State, and ‘Canal Commissioner Whation, directing bim to repair to the Champlain Canal, the office of wuich residency is at Waterford, aud continue there to discharge the duties of Resident Engineer until further notice from them ; a@aid Barker also imfermed this deponent that be had, onder instructions from the Auditor set- ed up his accounts upon the third sub-division, of the Western division up to the 16th of May, and that ‘be was now on bis way to Waterforu to enter upon his duties in accorcance with inatructioas from the above named five State officers; that at the request of this de ponent aid Barker produced suid written instructions, ‘and that upon examination this depouent knows that the eaid instructions were signea by the said Siate officers, cand that ‘aid signatuges were genuine, that this d-ponent directed his claxk, Mr. A. Risley Freuch, to make an vaccurate cepy of Said instructions aud signaturer, and ‘Chat after said copy had been written this depouent com- red the same with the origiwal in possession of Mr. Yer , aud found it to be accurate and correct; that said located at Albion, ‘copy, culy verided by Mr. French, is also berete ant exed. rns this further says, that during the above qmentioned interview with Mr. Barker, sad Barker in formed this deponent that Mr. 8. A. Charies arrived ‘at Albion on or about the 15th or 20th of May ewith instructions from the above namod five State officers, dircourg him, the said Charles, to perform 4he duties of Resivent kngineer upon that residency, ant that said Charies then and there «@ mined to enter upon aid dutios, and that he (Barker), et the request of said went oa the revidency with said , ant ex. gene the condition of the work to him, and les Wee at the time when suid Barker left said rest dency, to wit, on or about the last day of May, assumin; 40 perionm the duties of Resiaent Engineer upon the thir divisiot of the western division of the Eric Canal. And this deponent further says that this tuformation re- ocived from Mr. Barker was the first information de: went had ever received, wither official or otherwise, of a the location or designation ot the said engi- E eee 0 ae Oe en aa department to a party machine, Aud tuis deponeat , in view of his own sel respect and the duties of which he has sworn i : i i = A : A i E of Deeds. are of the documenta accompanying Vit Of the State Fagineer — OPsick OF THR STATE ENGINEER, Ainaxt, March 29, 1566. 1 Tuan Sin—You have been appointed by tho Canal Board Kosident Engineer, to take effect on the Ist of H u are hereby assigned to the residency of the Cham- in cabal, the Zaher af which is located at Waterford. ‘ou will please report yourself to the Divisioa kngincer as soon ax poxsibie, and will ac’ until otherwise instruct- ed, under the regu! bear date Angast 25, 1860. fours, wuly, SILAS SEYMOUR, 5. E. aad Surveyor. Orrice State Fxarxcer xp StRvEYOR, on ALnAxy, March 31, 1856. @. ¥. B. Bancock, Feq., Albany »— Dean *m—You have been appointed by the Canal Board to the office of Resident Engineer, to take effect on > the Ist of April You are hereby assigned to the third sub- division of the te diviewon of the Erie cana! enlargement the of which it located at Alba- ny. You will please report yourself to the Division En gisecr as seon ax possible, atid you will act until other: ‘wise instructed, onder the regulanons bearing date Au gust 20, 1850. ‘I shall instruct the First Assistant Engi- weer to report directly to the Divi-ion Eng neer uy sec- tions 316, 817 aud 31S, over wiich you will for pre sont have no jurisdiction. Yours truly, SILAS SLYMOUR, State Engineer and Surveyor. OF THE STATE LXGINERR AND SURVEYOR, ee May 29, 1866. } Thomas H. Learxen, Bq. — Deak Str—I have received yours of yesterday in rela- ion to work on the combined locks at Waterford, and fully approve of all you bave done in the mater. You ewili report the whow matter to the Resident Engincer, ‘Mr. Charles, bis return, of, in bis absence, to the Division Engineer, who will be here early next week; and in the meantime, give directions to have the work taken up and relaid bonged hn a have not complied with directions. Yours truly, SILAS © YMUUR, &, BE. and 3. Orrick oF STATE Exetveen ann Strvrvor, Atnasy, Jane 2, 1856. F. &. K. Reeorts, Meq., First Asetstant Engineer, White- N ee immediately repair to the or near Scbuyler- the commissioner Canat Derart eer, Atnaxy, May 15, 1859. |. ¥. B. Banxwn, Resident Engineer— » Dean Sim—You will repair to the Champlain canal, the oftice of which resiviency is at Waterford, and continue there to discharge the y~ CF Engineer until @urther notice from us. pecifully yours, L. BURROWS, Comptroller. 8B. B. CUSHING, Attorney General. STEPHEN CLARK, Treasurer J.T. HEADLEY, Secretary of State, SAM'L & WHALLON, be ny ao 1 certify the above to be a true of the orignal yon OO A Re PRENG Sworn before John M. Fagen, Commicsioner of Dee OPr10# OF STATE EXGINEER AND SURVEYOR, Aunaxy, June 2, 1856, Joms 1. Pav, Peq., Divieion Engineer, Rochester, N.Y; DRAR Sir—I have recived youre of the 28th wit., om. Gloning Mr. Barker's ent for the half Ma regulation should be adhered to uniess it be in case: of death or resignation of the Resi tent Engineer, when it Would, of course, be proper to close the accounts at ths date of suck death or resignation. 1 therefore return those appointments to you, in order that th oy ay be reported in the usual manner at the end of the quarter. I enclose you a copy of the letter to H, V. B. Barker, Esq., dated March 31, 1856, notifying him of bis appointment to the office of Restdent Engineer by the Canal Board, and also assigning bim to the third subdivision of the Western division of the Erie canal en- largement, the office of which is located at Albion. 1 am informed that Mr. Barker is now absent from the above subdivision, and you will, therefore, daring his absence, or until some other Resident Engineer is duly desigua'ed by the state Engineer to perform the duties of Resident Engineer upon that subdivision, please give cirections to the First Assixtant Engineers only, and through them to the contractors. J enclose to you 4 copy of a circular of this date, directed to First Assistant Fa- kineers upon the above residency, requiring them to re- port directly 10 the Division Eagineor turing the absence of the regularly appointed Resident Engineer, I thank you for The information contained in your tet- ter respecting the break at Bagle Harbor, as it is the first information received at this office in relation to any interruption to navigation upon the western division du- ring the present season, I should feel gratiflet to ro- ceive a report from you in relation to the different breaks that have occurred upon the western divirion upto the present time, giving the extent and cause of each break, and the probable cost of repairing the same as near ag may be ascertained, together with any other information upon the subject you may think preper to communicate; and also stating When, in your opinion, we may rely upon unintorrupted navigation upon that division. Yours truly, SILAS SEYMOUR, 8S. E. and 8. Orrick oy State ENGINEER AND SURVEYOR, ALMANY, June 21, 1856. ‘Tuomas. Goonsrit, Eaq., Ist Asst. bag Alvbion— Dear Sin—I am in‘ormed that Mr. H. V. B Barker, Resi- dent Engineer, is now absent from his subdivision.” You will, therefore, during his absence, or until you are duly notified from this office that some other resident engineer has been duly assigned by the State Engineer to that residency, please report directly to the Division Engineer of the Western division, an‘ receive instruc- tons only from him. You will also notify the Second Assistant Engincer, and your other subordinates, toge- ther with the contractors, of the above instructions. Yours, truly, SILAS SEYMOUR, 8. E. and S. Orrick or State ENGINEER AND ScRvEYOR, Alban: Beyry Recess, Esq., First Ass’t Eng., Albion, N. ¥. {Same as above.) Orvice ov State ENGINEER AND ScayEyor, AtRany, June 2, 1866. J. A Warkins, Esq., Firat Ass’t Eng., Whiteaall— Drax 3in—In the absence of Mr. Charles, the Resi- dent Engineer on the Champlain Canal, you ‘will please report to, and receive instructions fom, the Division Engineer only, until otherwise directed by the State En- gineer. Yours, truly, SILAS SEYMOUR, 8. E. Orrice or State ENGINEER AND SURV RYOR, ALBANY, Jane 2, 1855. Tomas H. Learven, Bsq., Second Ass’t Eng , Waterford, {Same as preceding.) ANSWER OF THE STATE TREASURER. ‘Saas oy New York, TReASORER’S OFFICR, ALpayy, June 26, 1856, } ‘To Tux Gover ov Tue State or New York :— Sm—Having been furnishéd by you with a copy of what | Sod ere tobe a paper signed by Silas Seymour, State Engineer ang Surveyor, in which vague suggestions of misconduct are made against me and other members of the Canal Board, and the action of the Executive in re- lation thereto invoked, I assume that this paper has been lodged with you by its author, as the foundation of pro- ceedings against mo in my office as Treasurer of the State, and that you regard it as containing matter demanding official notice, I had before been advised through the public prints as to the general nature of complaints made, the source from which they emanate, and the political reasons de- munding their preferment, and some. newspaper organs, semi-oflicial, had predicted the probable success of the experiment, while others haye even gone go far as to publiciy announce, with approval, that you had already made an order for my sus} ‘jon from office. These announcements I have regarded as at least pre- mature; and being now in possession, from an official souree, of the allegations made against me, I take the earliest occasion to communicate to you the views which have governed and will continue to govern my action so fer as respects the ground of complaint disclosed in the paper, with a copy of which { have been furnished, and also with respect to any executive action which may be had thereon. Upon a careful examination of the paper in question 1 am hot able to discover any other complaint made against me than that, in connection with the Com) State and Canal name to a ler, Attorney General, Secretary of ommis sicner Whalion, 1 had placed per structing H. V.'B. Barker, # resident engineer, at Albion, on the Erie canal, to assume charge’ of a resi- oency on the Champlain canal, located at Waterford, and also instrveting Mr. 8. A. Charles, the Resident Engi- neer, before then located at Waterford, to assume charge of the residency at Albion. In other words, the charge is that, by ae. of five State ‘officers bene Eg majority of the Canal Board, Messrs. Barker and Charles, engineers of equal grade apd of unquestioned capacity, were allowed or directed to change places. If any other act of mine is complained of I hav» failed to discover it, _ 1 do not regard the eworn opinion of the State Engineer and Surveyor as to the degrading effect of this of the State officers upon po pny department of the government, or his v! of his own self-respect, and dignity of bis office, as anything more than a natural inflation of speech, and an attempt to cover ery in- Fmnption of oficial dignity "and "persenal importance sumption y importance Be.ther suited to the oflice, the oflicer nor the occasion. to the public wellare, and that if it be to have been an unauthorized act, the Governor has not any authority whatever to take cognizance of any Pp Aints concerning it. Tn order to a full understsnding of the powers and d: of the xecutive, in the case now presented, it will necesrary to refer to some of touching the powers of the Beard, of Kibeer and Surveyor. and also rér to that body. By chapter 72 of the laws of 1848, sec. 3, To" that “The State Engineer and Surveyor shall have the general supervision of the = all such duties in shail founded, —s authorized by law, and demande’ by a just y hy chapter that “The Canal Board may appoint so gincers, not exceeding three, and ro neers, not excreding twelve, and #0 engineers, from time time, aa they #! interest to require, The State shail preserine and define the duties of the £0 appointed, and shall assign a division of each division engineer euch subdivision of the canals, and incers such location, as be may deem proper. it is thus manifest that the State sone respects suborcinate to the Canal Board, and he may be required to perform such duties as that body may deem + ‘The State Engineer may assign to the division, ty wnd assistant engineers, when appointed by the Poard, their respective ; Yet, when so they are each of them subject to removal by the Poard. And it can scarcely be doubted but that the Canal Board, having the dence of the canals of the ‘or to require the State Engineer to perform ‘such di in relation to the canals as in ite jadgmen: the interests of the State may vemand, may require the State Engineer to locate engineers in particular places, or it may remove any cumbent when oc:ted. and appoint a successor to fill particulas vacancy. This power is essential to the government of the canals, and warranted by the w! theory of le rielation in respect to the management of the canals of the State It also farnishes @ proper check upon the action of a State Engineer, whose assignment of pincee tocupncers pointed by the Canal Board tended to injure public interes # and sabject individual subardi- nates to unnecessary incouvenience, as is manifestsd by the action of the present head of the Engineer depart- ment of the Siate. In respect to the two jastances now made matter of omplaint, it was well understood that the Canal Board inted Mr. Rarker to the residency at Waterford, and cles to the rerideney at Albion, These appoint. ments were made with reference to the peculiar fitness of each for the place: they were expected to fill, and from the fact that the places of residence of each were copy enient to the points at which they were to be located, ond by reason of their great familiarity, by previous ex- = with the work of which they were to assume charge. The present State Engineer and Surveyor, however, for reasons disromnected with the public itereste, directed Mr. Barker to assume charge of the residency at Albion, nd Mr Charles was displaced from that residexcy, where. by long exvertence, he bad become familiar with the public works requiring the supervision of a resident engiveer, and directed to locate himeelf at Wi wnd assume the charge of work with wh vequainted. It Was correct thie the i terest ioTved in he prover ot the the tt volved in management canals, that a majority of membere of the Canal Voard signed the in-tructions of wi om designing in this way ve mie! enstie from the attempt of the veyor to overrule the judgment aS than the promotion of interests of a pub- Ke . Unless it be held that the Canal Board is powerless to correct the muchievous action of « serestery, ine in their general juriedicti wm, the net com of strictly avthorized by law as it was proper, upon every consideration comnected with the judicious ma- agement of the canals, or a dae regard to the conveni- once ot those el with the ence of public works. Trough has been said to show the utter groundlesence of the allegation that the five State officers who signed the instructions referred to, asurped a Py they did fot possers; but if it be otherwise, and the instructions given were wholly unauthorized, the Governor is not ‘vested with any power to interfere. The provision of the constitution which vests him with any power over the Treasurer, is found in article fifth, section seven, and is as follows:— The Treasurer may be oe from office by the Governor during the recess the I lature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that sich Treasurer bas im any particular violated his duty, The Governor shall appoint a petent person to dis. charye the duties of the office ug such suspension of the Treasorer. This provision constitntes, eo far as I am advised, the only warrant (o the Governor for Lede under any ome with the discharge of the duties of my offire, e has been no subseqnent logistation having any reference to carrying this section of the constitution NEW YORK HERALD, TUESDAY, JULY 8, 1856, inte effeet inaoy particular, If in itself an imperfect enactment and mcapable of being practically enlorced, No provision is made for giving the Treasurer potice of apy complaints agamst him, or for the moans of maxing any defence, or even for any mode by which the Gover nor Can investigate the truth or falsity of the earyes which may be preferred, He has no powor to suumnoa Dofore bun, or swear witnesses, nor are afiidavits made jo relation'to any such charges otherwise than ext:s- Judicial, and for any faise sweariag therein no indictments for perjury can be eustaiued under this pro- vision of the courtitution as it stands, unaided by any legislation. It it confers any power tw act at all, it is power to act arbitrarily, without any attention 0 the ordi- nary forms of law, and'without giving the accused an: means of defence; und it thus stands in letter and spirit opposed to the very first section of the constitution, which provides that ‘no member of this state shall be disfranchised or deprived of any of the rane or privi- leges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. ? Another part of the power supposed to be conferred ¥ the sectivt of the coustitution quoted is that iu case suspension of the Treasurer, the Governor ap point a competent person to discharge the duties of the office during such suspension. There is no provision of law authorizing any officer to take Or approve, or requiring the person thus appointed to give any security for the faithful performance of the duties be is required to discharge, or that he will faith- fully guard aud protect the public treasury thus placed under bis cuntroi. It cannot be supposed that the fra- mers of the constitution designed to authorize the sus- pension of one officer for official delinyuency, and yet piace under the control of an irresponsible persou the junds of the State, which it is the object of the constitu. lion to guard und protect. It is most manifest, therefore, from the mere reading of the constitution, ane having reference te the objects 0: the Piet decay in questioa that, a8 in most other instances, its ramers designed to have the Legislature of the State enact such laws ax would effectually complete the purpose for which this power was granted, baving due regard to tho rights of the party accused, a3 weil asto the security of the treasury of the State duriag the interval ta which a treasurer might be suspended. Until such time as tae Le yislature shail see fit to make adequate provision for carey- car br of the constitution inte effect, and guard its exert¥ga by proper legisiation, it’ must obviously be re garded ten plain principles of law, as a provision of the fundamental law which remains dormant; and until by some act of legislation it receives vitality I deny the power of the Governor to act under it, in any case. If the Governor, however, bas the arbitrary power of suspending a treasurer for & violation of duty, it is only for & muifeasance which relates to the care and custody of the funds of the State, and not for any mapponed miscon- duct as a member of any other body in which by virtue of his office he is entitled wo sit. ‘Tue present complaint (if indeed it can be dignified by that name,) is, hat as one of the members of the Canal Board, he waited in instruc: tions relating to the management of the canals that were eitber unauthorized or unwise. If it had been the inten- tuon of the framers of the constitution to authorize the Governor to suspend the treasurer for such an act (even if wrongful), an obvious inquiry is, why should not every member of the Canal Board concurring in the act be dealt with in the same way? Aud why should not the Governor be authorized to + spend every State officer sit- ting in the Canal Board who had thus violated his duty or mistaken his powers ¥ This provisien of the constitution was adopted by the Convention of 1846, on motion of Mr. Nicholas. By refe- rence to the debates by Crosswell and Sutton, (page 397) the object of the mover is quite manifest Me Harrison suggested that the provision should be more general— that is, including other officers. Mr. Nicholas rejoined that he had made it “applicable to the Treasurer only, because he was the keeper of the public funds.” It is apparent from this r- fereuce to the debates in con- vention, as well as from the plain meaning of the section in question, that the power can only be properly ex- ercised when a case of malvergation in the office of Trea- suror shall occur. It was designed to guard with greater caution the security of the public funds, and can never be invoked or exercised for any improper act of the Perzon holding the office of treasurer, as a mumber of the Canal Board, as a Commissioner of the Land Office, or of any other body having duties to discharge which’ do not directly relate to the funds of te State in the control of the treasurer by virtue of his office. As well mignt the Governor assume jurisdiction over the personal de- meanor of the Treasurer, and suspend him from office fur # violation of the dut'es of hospitality, or fur political conduct distatteful to the executive, or for entertaining and acting upon #n opinion as to the validity or construc- tion of any law against the solemn judyment of the Governor. Against the exercise of the power invoked I enter my met sclemn protest. Ishall not by any act or omission of mine surrender the control ef the funds of the State in my'custody, or any of the utes pertaining to the office to which the people of the State dave elected me, upoa any action of the Governor tounded pom an such causes of heap ed a8 are presented by Seymour, State Engineer and Surveyor, while I shall at all times during my coatinuance ia office, yield cheerful obedience to any order issued by lawful authority upon adequate cause. I owe a duty to mys-if and to those who have confided to me important public trusts that will demand at my hands a prompt repadia- tion of any action from any quarter that is instigated by private resentments or political animosity, the effect of which may be and is intended, as I have every reason to believe, to transfer the treasury of the State and the con- (rol of the canals to hungry aspirants for piace, power and plunder. i Having thus disclosed the grounds upon which I have ‘acted, and some of the considerations which induce me to deny the power of the Governor to make any order under the provisions of the con«titution or the laws of the ‘State to suspend me from office, I leave thy responsibility for all the consequences which may flow from future ac tion upen the compiaint before you, to be assumed or de- clined as your sense of justice, a regard for your own character, and of the dignity of your office may lead you to determine. Very respectful rf your obedient ser- vant, STEPHEN LARK, Treasurer, Theatrical, Mi &e. Ninto’s Gaxnen.— Miss Emma Stanley, wh se perform- ances have been looked forward to with much cagernea: by the New York public, will make her debut at this house to-night, in her elegant drawing room cntertailment called “The Seven Ages of Woman.’ Bowsxy Trxarxn —Mr. Brongbam’s new patriotic dra - ma, entitled the ‘ Birth of Freedom,” nas proved highly le tothe ardent and enthusiastic frequeaters of with * Buck Eyed ” Broapway VaR.ermms.—After seeing the play of La mar,’ now being nightly enacted,by Sie wood and juventies, every body must be’ satisfied that the ‘™ piature artista are capable of doing justice to every branch of the drama. It is a wonderful performance. Ketixn’s Ewrixe Hatt continues as attractive as ever to the lovers of chaste, classic, and beautiful representay tions, Several new and elegant pictures are to be pre- sented every night this week, and, in addition, the Hofer family gof vs and Mile Lovarny are to sing many Woop’s Mixwrneis.—Songs, Joke, and the laughable burlesque called ‘ re,’’ constitute the programme of diversion for to-night. Attastic Ganpes.—Dod worth's band will give a grand ‘ustrumental concert at this place next Thi evening. Severe Squatt ar Boston. the than- pg et OR FO it a quarter 4 o'clock yi two sailboats, bo- gto Captain Byron G. Kimbalt the well khowa skipper of Long wharf, wore yy the squall in the barbor. abort hait”s mile’ below the end. of Long wharf. Thoy are named the Undine, of seven tons bi then, and the Billow, of two tons. They immediately sunk, leaving the tops of the masts of the Uodine visible above the surface of the water. The ‘bt Coquette bat Folsom: by of Seegan, Swede, oung man bame , & Swede, whe win euempanied by Folsom, was put after by ® boat the ship Merrimac, but not rescued, and he is belived to be He boarded at thé United States Hote!, and was employed by a iirm in State street. Aman who is known as “Yankeo,’’ and a boy by the name o! Sullivan, who were on board the Billow, were picked up by Patrick Shaughnesay and Daniel Cava- nangh in a swevedore’s coal boat, The schooner Abigail, of Salem, the brig Mary Pierce, of Bangor, and a bark broke from their moorings, and swung out into the etream, but without doing much dat . The ship Mary Bradford was struck b; hining and foretop gallant Mast was shivered. ‘waa lying at Battery wharf. It street, y ., shoe ant leather dealers, was struck by lightning, Knocking of a few bricks. The fluid then passed through the roof and came eaves, doing little damage.—Boston Times, out under the July 7. fe “ihds fought in fifty-six minutes, Ford receiving a most ‘te punishment. His friends, however. claim the gut On accout of foul blows.— Boston Times, July 7. Desravorive Fme im Parapenenta—Fioor Mn Daerroven.—About 114 o'clock, last night, the five brick flour mill of Penrose Warner, at Hroad and took fire and was totally destroyod, toge- machinery, flour, &o. The flames s ding, On the west, occn tron manutretory, was nearly burnt to the ground. grocery store, on the east of the od in the upper part. than $60,000. i z Svicrpe or A Youna Grrt.—We learn from the Lowell Vor Populi, that Miss Martha Kidder cut her throat on Wednesday night, white suffering ander tem porary insanity. She was alive Thursday morning, but not expec'ed to recover. Miss K. is the schoolmistress who recovered damages against the town of Dunstaple at the late term of the Supreme Court in Lowell, on account of injuries received in consequence of a defect in the high way. Subsequent troubles growing out of this suit— among other annoyances, a recent attes to get the mother ot the young woman eted for perjury—are stated to be the primary cause this ead adluir, writes to ax iP reiation W au article upon Judge Cap-on' charge to the Graud Jury, Our correspondent takes ox- ception to the statermont by @ that the governmont of London looks for po oxtrameom belp im the’ execution of the law, We ute told by our legal ‘rind that this atate- ‘Ment is ineorrect, masmuch se # London policeman bas the right to call for atd from citizens it repressing distur Dances of the peace. We give bim the Bonefit of the statement, but it does wot militate against any portion of our argument. Acorreepondoat who Kas been iavestingina “ gift ticket scheme," desires to: know whether or uot he hag Been ewindied? Yes. And whettier there is any chapce to get the money buck? No. An old Californisn desires to call the attention of mem- bers of Congress from that State to the grand land swindle now being forced through the House. ook out’ for it. A Brooklyn correspondent writes in relation to a nui- bance at the footot South Eleveath street, Rastern district: Tt is caused Uy deposits of dead avimals, and is disgust: ingly offensive, Besittes being dangerous to the healt of the locality, The attention of the Mayor is oarnestly ro- quested. Another correspondent calls attention to nuisance of the sane ind on the bulkhead between piers 22 and 23 North river. Look out for it, Mr. City In- spector. We havea letter from Washington in relation to th recent collikion in Washington Territory between Gov ernor Stuvens aud Judge Lander. The Governor declared martial law in Pierce county, and arrested the Judge when he attempted t hold court, and have certain pri- sonerg held by the Governor brought before him on the writ of habeas corpus. Tte bench and bar side with the Judge, who claims that, the Territory not being invaded, the Governor liad no right to suspend the writ of habeas conus, which is a writ of right. We give this to show the position of the Judge, who thinks he has been mis- represented by the Territorial journals, and tbat their ac- counts have been adopted by fhe Eastern press. Taecase is very much like thatof Jackson at New Orleans, who was fined for arresting Judge Hall, and otherwise treating the judiciary with contempt: We believe it to be the opinion of-every freeman that the writ of habeas corpus should never be suspended, except in case of rebellion or in- vasion, and only then when the public safety shall ac- tually require it, The facts before us do not seem to show that the public safety was imperiled. — FINANCIAL AND COMMERCIAL. MONEY MARKET. Mowpar, July 7~6 P. M. After a vacation of three days the Stosk Board met this morning in the new room. The preparations were not entirely Completed, and the brokers were obliged to put up with some inconveniences. A few days will put all matters right. The stock market did not open as buoyant this morning as anticipated. The curb-stone ope- rators bid stecks up to high peints on Saturday, and the market looks so favorable for a further advance that bro- kers holding outside or¢ers were not disposed to sell, In Waiting for the opeving of the board to-day, they failed to realize such high prices Erie opened this merning at 244 per cent, and closed at the same price, with sales of about five thousand shares. New York Centra! Railroad closed weak at 933% per cent. All the leading railroud stocks, with one or two exceptions, were lower. Ilinois Central, Cleveland and Toledo, and Harlem were in de- mand at better prices. Atter the board 10134 was olfered for Minois Central. Cleveland and Toledo advanced 3¢ per cent from the opening to the close. Ilinois Cen- tral bonds were purchased largely on foreign account, also the stock, on orders received by the steamsaip Bal- tic. Orders were received by the steamer for Cleveland and Toledo Railroad stock, and Erie. At the second board, Erie sold at 6324 per cent,” cash, and the bears were more disposed to put out Lime contracts. Wiinois Central bonds closed firm, at 91 per cent; Cleveland and Toledo Railroad at 784, showing a rise of one per cent from the opening price at the first board, Wisconsin Lake Shore Railroad sold at 70 per cent, dividend of tour per cent off. For Illinois Central Railroad stock 102 per cent was bid, and no sales, Reading closed a little heavy this afternoon, but the sales were small. If there is stock on the list that is a good purchase at present prices that stock is, beyond all question, Reading. Tho current price carriea four per cont cash dividead. The bank statement undoubtedly had a depressing influence upon the market. The steamer from this port for Liverpool on Wednesday will take out full one anda half million o dollars in specie, and we shall not have another California remittance for about ten days. The drain of specie will for some weeks be very heavy. ‘The Assistant Treasurer reports to-day as follows:— Paid on Treasury account. $425,337 67 Received - ‘The warrants entered at the Treasury Department, Washington, on the 3d instant, were as follows: For the redemption of Texas debt. Simcon Nraper’s regular semi-weekly auction sale of bonds and stocks will take place to-morrow, (Tuesday), at half past 12 o'clock, at the Merchants’ Exchange, ‘The Mechanics’ and Traders’ Bank has declared a sem'~ annual dividend of 7 per cent; the Nassau Bank « semi- annual dividend of 4 per cent. ‘The Albany Register states, from information derived at the Bank Department, that the notice for the final closing of the James Dank (Jamesville), will bo issued on the 1th of December, 1857; for the Farmers’ Bank of Onondaga, on the 2d of May, 1859; 28th of March, 1860, for the Merchants’ and Mechanics’ Bank, Owego, and the ‘Qist of November, 1860, for the Fighth Avenue Bank. The bills of these banks will be redeemed until six months from the date of the notice. The brokers give for the notes of the two first named banks 80 per cent of the face, the notes of the Merchants’ and Mechanics’ Bank, Owego, 76 per cent, and the last named bank 98 per cent, The annexed table exhibits the value of merchandise and specie exported from this port during each of the first six months of the present calendar year: — CoMMERCE OF Tite Port OF New Yor<—Vatcs oF Exports. ‘Domestic i Foreign duticait> iadee, matse. $212,239 $41,505 142,984 53,275 408.280 190,842 202 027 68,263 247,079 68,194 460,482 148,206 $1,724,061 95 70,085 Tual to Ji Mal to July 1, ira 1, 1855, 84,051,915 6,688,799 10, $51,801,075 $49,606,628 The value of imports in the same time, in cach of the past two years, was as follows — Commmnck or Tix Port of New Yora—Vaucr oF Lnrorts, Entered ; sae A241, March... 15,781,207 14,590,646 12'892/421 St 19618,271 Total. .., $80,920,896 Total... $724,068 108,522,623 compare as follows :— Excess of imp’ts over exp'ts $19,506,796 956,721,548 We can form some idea from this table of the present condition of the foreign trade of this port. We seo « balance against us on our foreign trade of fity six millions in the firet six months this year, against nineteon for the same time last, A portion of this has been offset by in creased exports from other ports, but the differance this year is too much to be trifled with, The indications at present are {n favor of an immense fall importation, and the signs point to very great shipments of epeoie. ‘The amount of duties coflected at this port in each of the Qret ix months of the past three years, waa’ 95 Col- ‘The last returns, compared with those o the previous fo i millions @f the beam Weed, exhibit th’¢ following changes im the aggregates:;— | pad oe meh: as will podem » by a Increase in loans .\ud discounts, cious management be has s.2¥ed to the country upwards Decrease in specie. . of fourte*» millions of dollars. Iitcreae in circulatio®. = Statement chird shows that the {aterest to maturity ow Increase in deposits, n.’minally this $38,917.84 29 of loans redeomed by the than ever before reported. In she face of these expan! sions the specie reserve shows « diminution: very little doubt but that the supply of epecte im the’! road Company for a loan of five hundred thousaad dol! lars, are shaped 80 a8 to convey the idea to the public mind that it is merely to displace a floating debt; of rather for the purpose of funding old debts standing against the individual companies forming the consolida- ‘ion, This is not, however, the fact; and the public can- joans where the security is undoub:ed; and ao one can for a moment doubt the safety of the New York Central Railroad eeven per cen: bonds, With twenty. ‘ive millions of capital stock to guarantee the bonds, the security is first class, The stock has to stand all the contingencies. Any deficiency in net tucome falis upon the atock in the absence of new loans. Any increase in the bonded debt endangers the dividends, paid, and the stock bas to take its chances for dividends out of the balance. When the new iasue of bonds are all 6000 JO... . «dt % do... en- 1000 Hud R 2d Mt.. 88% on the market, the debt and stock of the New York Cen. 1 Hud R3d Mt. 70% tral Railroad Company will amount to $41,000,000; of 11000 I Cen Bonds... which $17,000,000 will be debt, and $24,000,000 stock, | €500 The company will not stop there. The construction ac- — ¢ count and dividend account mast annually add something to the cost, and that cost must be represented by bonds or stock. ‘an increase in the gross income of $300,000 per annum, simply to pay interest. for this company to stop at the present lit of debt and Stock, and it taust run um arrears more and more rapidly as its cost apd capital iucreases . 100 movement in the leading departments of the banks of thia city during the week preceding Saturday morning, July 5, 1856:— 328 261,956 2, 585 F131 3. 219,710 Mechanics’, 394; Union , 201 Americ: Phenix. f | . ake | Amount of United States stock - | gued of the loans of 1842, 1843, 1848, 1847, 1648, mclud ng Texas debt and indeinnity’ and the debt of corporate cities... 818,101,416. ‘am, "it reseemed up to March 4, 1388" 7°*Py9"909 9g Redos,’2¢4 from March 4, 1863, to Joly,” 18656... * "28,017,804 98 46,080}254 OS 32.731'662 © Total... e0++++-829,737,960 124,209,947 24,640,126 amounts to $19,399,730 97. From thi# must $5,354,611 65, being the total amount of be Do, actually, ‘The line of discounts 1¥s reached’ a ve The aggregate is wow about one million'und a-balf larger | country by ins aystem of rodetoption, the uormeus wane than ever before known, Tire deposits are‘alsogreater | of fourteen millions four thousand pine hundre@ and nineteen dollars thirty-two cents. concludes dis report as followa:— “Phere it Mr. bas been no change in the amount of okt and uptunded debi since the 8thof May, 1964, the ‘There is a »| OC @ former statement, and the amount of trewsury motes banks bas reached its maximum, With rece*pts from fas Tedneed but $1,700. Of the ‘< California amounting to two ands quarter miflions of dol: | treasury notes outstanding, omly 99,200 we tae ‘ects ‘ars, there bas been a falling off in the banks reserve of | 22d July, 1846, and 28th January, 1847. »bout one quarter of a million. “Upon # careto) examimation we arrive with » goed deat ‘ of certainty at the faet that fineen millions of the United ‘The proposals put forth by the New York Central’ Rail’ | gates is hela by for . The amount of trams- ferable stock thus betd ix tbmpey oe 4 “— the amount ef coupor bonds estimated at_ 3,500, ieast halt the aggregate amount is held in Frenee.” ‘The reeeipts of the Planters’ Buak of Termessee amd Dranehes, for the past eighteen months, compare as fet- not be so easily gulled. The ye hundred thousand dot "55. Jan. 2, "60. July 3, "66 lars is 80 much added to the funded debt, and to the total 91,132,048 91, 266,986 debt of the concern, and it i# the intention of the com "y29) 08 pany to issue bonds to the amount of $1,947,815, to fund 127,514 AB claims which have not heretofure appeared in any of its = a financial statements. The annual dividends of this road Leaps ace ga amount to abont $2 000,000 each, aad it is well known, | — banks..... 90,852 60,088 and to none better than to the managers themselves, | old and silver. 416,501 _619,08¢ that the net earnings of the road do not amount to that Total ......... +++, 93,830,880 $4,226,607 64,211,408 sum. The deficiency can only be made up by pew loans, TLARILITORA. and after putting off to the latest moment such an | Capita’ Lyne ROPE ad 91,355,400 $1,356,400 alternative, the company has finally been compelled | Myint declared this 4 og ag to raise money by an ixsue of a new class of 1,595 21 ‘yea vonds. It is, no doubt, considered the best policy to - 500 = issue the new toan in comparatively small sums. The 202,524 263,488 «= 811,648 negctiation of half a million of dollars at a time can be — — amt more castly managed, and sold at better prices. The au & pond money market is easy, and it is a good time to raise small 1,2467138 —1,853'223 1, 813/188 eres es $3,330,880 $4,226,597 $4,211,408 Stock Exc! Monpay, July 7, 1856. 418 shs Erie Railroad 100 $2000 Missouri St 6's. 86% 8600 Vir State 6's 5. 9335 10 Hudson River RR 360 Harlem Railroad. g Ch & Rock Isi RR The iuterest must first be Erie R 1006 ans be '7 90% 1000 TH&A 24 Mt. 17% 5 shes Met Bavk.... 108 This new loan of $2,000,000 will require 60 do.. b3. It is utterly out of the question 260 MS & N Ia R.b30 250 10 NH & HartfordRR 12134 200 Cum Coai Co. 83 do .....b10 The annexed statement exhibits the average dally do. 860 New York Crry Bangs. Loans. Specie. Circulat’n. 28 agagugadeggrsaigitgesagssessreeacevgeee 187,678 1,214,825 95,984 1,109 123 126,788 ‘514 AL REPORT. Mowpar, July 7—6 P. M. 464,505 68,852 119,021 492 Asuzs.—There was some increase in apply, aad 685,977 60281 117,573 640,924 | sales of pots were mie at $6 50, and at $6 62 a $6 68 066,067 725,525 217,155 6,144,770 | for Canada pots. Pearls were scarce, and sold at $7 6834 + 763,088 49,300 201,165 664,450 | @ $7 76. 625,604 109,379 89,502 662,671 .—Flour—The foreign news poy pn mg 292,645 214,175 116,792 1,133,048 moe er buoyancy to the market all 532,542 38, 97,223 430,211 a good export demand, prices ad: 530,853 142,333 124,594 1,301,064 | from 10c. to . per barrel, chiely. on the commen 739,989 = 62.790 92,7: 493,152 | and medium grades. In somo cases, where a large tne 881,435 443,380 106,632 1,950,267 | Of straight brands was wanted for immediate shipment, 604,041 282,204 96,410 1,997,291 | #8 much as 25 cents advance on the barrel over the 022,313 3 2 a, | Closing rates of last week was ‘The sales footed ce 5 the quot 967,443, O48, 6a ee 577,306 = 79,608 3 be 866,875 100,722 10 440,526 40,921 cee 417,644 22816 7 392 10,439 7 997 = 14,880 i ‘26 = 31,271 g 666 = 163,224 6 . $109,267 682 16.829, 236 8,637,471 100,140,420 ow op “ Suiy "Among the tales, wise 60's 300" bein Cancion, @ «June 30. eS ee an ao. oe ae “July ‘with ales of 1,200.8 1,500 bbis., at quotations Lie I ‘The annoxed statement exhi the above table, four was firm. Corn meal leading departments of the banks of this city for several | rm and quict. ras Greet, end eommen ont Loans. Circwl'n. a. 768. .907,852,402 15,461,008 7,748,000 86,647,268 1432 16,563,766 7,516,724 85,616,698 020,147 15,918,969 7,407,086 82,079,500 99,083,799 15,920,976 7,409,408 81,625, 780 ‘Aug. 4, 755. .100,118,569 15/208,368 7,642,963 83,279,800 ‘Avg. 11, °66.. 100,774, 209 15,280,609 7,714,401 83,141,320 ‘Aug. 18, °55..101,154,060 14,649,245 7,610,108 81,948,673 ‘Aug. 25, °66...100,604,604 13,326,878 7,682,095 81,178,558 Re 65, . 100,436,970 12,852,823 7,620,178 $1,067, Sept. 8, 1. 100,279, 79% 12 008,025 7,961,143 80, $42 478 Sept. 15, °65.. 99,307,009 12,213,240 7,791,825 80,510,308 Se} ), '65.. 07,386, ; 919, ‘ ~ art °85,. 96,615,021 11,110,087 7,868,217 77,589,698 | yi" mapa a A quiet. Peay co r 4 Oct. 13, °65.. 96,069,420 11,198,878 7,840,114 76,615,807 ty shenee Lot Tbe — ad BA 765. 95,109,376 12,481,723 7,888, 164 77,852,661 | 84 bage Maracaibo at 11 ive ; 200do, Rloat LOXe. a LNG, ‘216,372 11,168,521 7,828,480 76,074,860 | *2d 150 bags Laguyara at 11 \<o. 93,460,079 11/100'208 81071,508 77,787 570 Corton continued quite firm, while sales were confined: "5B... 92,454,290 10,866,528 8,088,608 76,702,408 | *° phous 400 x 500 Dales lg a Pe siaen IL Tsa0e FrielseT Heersiee | TO Liverpoo! about 160,000 bushola of grain were oa 92,696,921 11,227,194 7/841,054 79,047,988 | SAECd, chiefly wheat, in ship's bags, at 10d., and + 98,180,808 111844625 7,861,741 78,060,110 | 9.6004 6,000 bbis. tlour, chiefly at 2s. éd., with some $o's00'098 11'S88 OTe T's0t'obd Te lAao;BIT | BEM. THad., and Some LOO a 300 balos of cotton at 5: 96,386,487 12,088,359 7,778,809 77,241,008 | TO Antwerp 6,000 bushele rye was taken at Sd., and 698 86.114.060 10,788,090 Tian 946 80,428,627 —r honey pope Tonge 50 boxes bacon at io. por lb, 95,863,390 11,687,200 1,008,668 63,634,808 Ree byt a ae were orgs at Sos 96,146,408 11,/77,711 7,612,507 77,901,406 nove & ie ra wheat at i0d. in 96,982,968 19,985,260 7,462,708 92,652,928 | Glasgow 100 bbls. lard wore engaged at 22s. @d., witie 2 96,887,221 12,733,960 7/406,986 78,015,418 eed mY 97,970,611 13,040,437 7,622,827 $2,269,061 ce 344,077 14,298,529 7,819,129 82,838,168 “4 ‘99,401,316 16,678,796 7,690,441 88,085,048 745,447 16,895,878 7,664,688 87,680,478 632,236 16,640,606 viet 88,604,377 ‘900,688 15,170,946 7,886,176 88,740,628 528,298 14,045,024 7,863,148 88,421,176 633,576 14,360,566 7,912,561 89,300,261 745,307 14,216,841 7,943,259 88,186,648 side ecko bas coma 1840, 765,086 12,958, 182 San'sis 90,875,787 195,628,864 13,108,867 8,246,120 80,627, 280 825,962 12,860,227 8,715,163 92,816,068 909,798 13,317,366 8,662,486 89,476,263 108,002,320 12,796,541 8,498,152 88,720,418 56, 102,207,767 13,860,333 8,336,097 87,004,300 . .168,881 17,414,680 8,360,735 01,802,988 106,626,008 17/87 278,008 93,715,887 56, . 107,087,625 17,069, 280 93.230, 248 , 66... 100 Det O88 16,829,236 6,637,471 100,140, 420 ‘The Washington Union of the 5th inst. gives the fol- lowing synoy sis of an interosting report about being pub lished by the Secretary of the Treasury upon the public debt of the United States. The carlin gor rough the politeness of the Secretar} Troasury weer ee permite to examine the repore, with the gh made regard tothe condition ot the the Treasury, public debt of the United States. The bears Julg 3, 1866, and exhibits a condition of the highest credit upon the skill, pretroee naemee, eaguolty, -sightedness of Secretary Guthi finan: ial sonny, unbending integrity, watchful fidelity, and un- tiring devotion to the great trust confided to him, are known to and ay plated by all classes of our citizens in every section of the Union. On tae Ist of June, 1856, the debt of the United States amounted to 049,- | 100 bexee prime Havana 208 76, Since that time this amount has been reduced | Cuba in lots, within the range to $87,068, 802 08; thar, paid on Texas debt, $6 820,016 77, | 60 do. Englith Islands th and United States redeomed the month of ALLOW WA a June to the amount of $265,300. Wo these figures mieK RY from the first ctatement eccompanying Mr. Rigger’s ro-