The New York Herald Newspaper, November 12, 1856, Page 1

| THE NEW YORK. MORNING EDITION—WEDNESDAY, NOVEMBER 12, 1856. WHOLE NO. 7379. ERALD. PRICE TWO CENTS. Our Virginl« Correspondence. Rionwon, Va., Nov. 6, 1856. ¢ Election—K extraordinary Result in this City— Probable Result in the Accomac Congressional District—Supposed Buchanan Majority in Vir- ginic—The Late Due! Between Roger A. Pryor and Dr. O. B. Finney—The Southern Commer- cial Convention—Th« Probability of an Expres- sion of Opinion by the Convention Relative to Central American Affuirs and the Slave Trade— Buchanan's Cabinei—-_Know Nothingism Dead in the South-~The Weather, §e. The election is over, and our city is now in the pnioyment of unwouted repose. The history ot po- Ritical contests in Virg nia furnishes no parallel for he one which has just «sed in the total absence of citement and the degree of indifference that has haracterized it. So marked was the peaceful and prderly appearance of the city during the progress inf the election that a stranger, nay a resident, after brief absence, entering it, would fail to discover in single feature which would afford a clue to what Iwas transpiring, or indicate the prevalence of any ter excitement than attends the legitimate pro- gress of commercial operations. The voting was, mevertheless, briskly carried on, a8 was proved by the result, which exhibits a deficit of but seventy wr eighty votes below the largest aggregate ever polled in this city. So far as has been ascertained up to this time, the wame order characterized the election in every quarter of the State; aud notwithstanding the un- ravorable state of the weather, which, it was pre- umed, would have deterred many in the country districts from voting, the aggregate comes fully up to any heretofore exhibited. ‘The result in this city—the great Gibraltar of Know Nothingism—has startled every one. On the ‘morningof the election bets to any amount would have been given on a majority of from eight toa thousand for Fillmore; but, to the utter surprise fgand chagrin ot the faitifal followers of “Sam,” it was reduced to the low standard of two hundred and feventy-nine, being a loss of seven hundred and six on Floumoy’s majority in the last gubernatorial election, and about eleven bundred on the Mayor's majority in 1854. The man who would have pre- iicted such a result on the morning of the election would bave been looked upon as mad—nay, to have predicted that the majority would be reduced to six hundred, would be to subject one’s self to langhter and ridicule. But so it is; and there is every pros- pect that this extraordinary result will be followed by a complete victory ior the democracy in the mu- nicipa! and district Senatorial elections, which take ‘place in this city in 4 pril next. . It is no uncommon thiog now to hear many parti- vans ot that party gg, bitterly the ori tors of Know Nothingism. Hundreds in this city who hhurrabed lustily tor “Sam” eighteen months ago, now despise the vory meution of the “invisible in- vincible,” as they once proudly designated him. ‘Their only concern at presentseems to be how they could best remove the stain which attaches to them by_ reason of eonnection: and they undertake to do so by earnest disa- vowals of any purpose, to reduce to prac- tice the infamous doctrines proclaimed by that par- ty, so far, at least, as they were concerned. Insia- cerity is the oply plea which they advance in order to cast the of oblivion over tbe degrading cir- cumstances which attenced “Sam's” rampant career, and their identity with tois knight of the dark lan- tern. This, however, but serves to render them more vudious in the estimation of all u it men—it is in fact, an iinpeachment upon their candor. The igs grey oy reflection to whicl the recent Tesuits bas se thes certainty of ~ re se Aty dyn: whieh for man, 8 exclu- eceed oe the affairs of this cit . They ima- gine that they have a pre-emption right to every of- tice in the city, end the direct, unbroken succession which has marked the tenure of these offices for fifty years past hy this little bm would “seem almost to jastify the claim. Se firm has the con of this right become, that actually the training and education of the children or legitimate successors of the in- cumbents, are with deference to the dis- charge ot these offices. Such at least is my infor- +» mation. This course is pursued upon the presump- tion that the progression of these sinecures is to be the eee te ed rising youth in due order of Buccession, Judging the prevailing sentiments of the wovereigns we city the close of thie dynasty is near at hand. April next will witness a revolution of the state of things bere, which, three years ago, At would be deemed impertinent on the part of any- ‘one to be <a ave fapered to of insolence on the part clique, Y & presuined pre- Serteaive vight to enery of ice of emolument in the city, i materially modified; conciliation being deemed far more expedient in view of the sad fore- bodings of the recent result. ‘This was but s legitimate consequence of the inso- Jent and 07 of Terest wndof the grad ich the rest, aD ing exceases w! re- ras pal have ical = of the mnupici government ve lul Botts” last letter to Philadelphia is ‘algo malt to have eontributed largely to this revolution. Of this, indeed, there were prima beats proofs in the many instances in whi name was stricken off the electoral ticket by the friends of Fillrcre. I would say with reference to him, that however much he lack proper jud, t and discretion, be faverably with his oe tors in the cause in point of candor. In all vicissitudes of party conflicts, his course has been ‘marked by a degree of sincerity and strict unifor- mity which many deem incompatible with success in polities. Itisa merit of which few, if any, of his patty can boast. The contest for the offices of City Attorney, Clerk of the Coort ef Hustings, State Senator, and other offices ot emolament in this city, will be far more vigorofs than was the contest for the Le war g 80 far as the vote of the city was concerned. All the present incumbents are Know Nothings, and, as I learn, the ion are determined to pvt forward their }rst men for these offices, and to puraue the conflict with a vigor up) jeled in the history of Municipal elections in J. As between the success of this effort and that of the late contest for the Presidency, the former would yo ‘ove a source of far more gratification to hundr in this city. It is a revolution which bas been yearned for for many years, #0 obnoxious has the present dynasty become. ‘The returns thus far justify the belief that Virginia will give a democratic majertty of from twenty to twenty five thousand. In every quarter heard from an insmense democratic gain is exhibited, the majort- ties in most doubling that given for Wise. Some of the Know Nothing counties in the State have the democrats, while in some pieoinets Fillmore bas not got a single vote. The Tent aw’ the cxyectaione of the most ardent friends of Buchanan. It isthe most overwhelming + ocratic vietory that hasever been achieved in ‘irginia, No certain returns have as yet been received from the Accomac Congressional district, in which an | glection took place on the th instant, to fill the vacancy created hy the death of the late repre- sentetive, Judge Bayly. The two competing candi- alates for the ‘ict are Mr. R. H. Garnett, demo- erat, ond nephew of Senator ilunter, and Robert Saunders, Know Nothing. The former represented two covcties in the district in the last Legislature ; the latter represented bis district in the Btate Se- nate. The eoatest, so far os has been ascertained, ‘was a vigorous one, strong doubts meanwhile ex wting as to Garnett’s sucress, from the fact that tie gains in the democratic counties heard from, are not such as to over fome the majority in the Know Nothing counties still to be beard from. Looking to the qreot foliing off in other Know Nothing counties, it is not improbable that such a diminution will take place in the majority civen for Flournoy last year, as will give the election to Garnett. Mr. Pryor, who has been absent from the city sinee the duel between himeelf and Dr. Finney, re- turned by the cars last evening. It was reported to- day that a prosecution wonld be instituted against bim, at the instance of the State authorities, and that » disposition existed to enforce the rule in regard to forfeited recogn: would involve a losa to him of #2,000; rafely vapek but little indulgence for him in Rich- mond. are already two indictments pending against him, and jadging by the feeling in tira city but little chance of compromise exists. Dr, Vinney is still at the Exchange Hotel, nader the treatment of physicians, but ia improving os rapidly aa can be expected. Had the ball entered one inch higher, death would have heen inevitavle, The whoie affair, from the first difficulty in front of the Exchange Hotel to the final meeting, wus embraced within a period of twelve or fourteen hours. Rather @ prompt mode of adjusting difficulties. @ Southern Commercial Convention which meets at Savannah in December next, is looked to with more than ordinary iv.terest, in view of the pro- bability of its expressing an opinioa with reference to the affairs of Central America, and the revival of the slave trade, to which some attention has been recentiy directed by some of the ultra Southern pers. Tt is understood that the subject will be cussed to the extent, probably, of relaxing the ex- isting restrictions upon the trade, in view of the ne- cessities of N’ , under her recently estabtish- edrégime. And it is not at all improbable that the necessities of the extreme ern States iu the matter of slave labor, may be advanced as a justi- fication for asimilar resort to su) ply the existing deficit in this department. Should the subject be introduced, it will, nodoubt, pe of a teh character, the opinion of the Buchanan and Fill- more men relatively, upon the Kansas question, in- dicating the sentiments pro and con, and formi the line of distinction. advocates of the Fill- more doctrine—that of the non-extension of slavery— iv ine. peek modes if au. regard is had in ee] of tives, to @ proper propor- tionment of the cemers in the ratio of the rela- tive stren; of, their parties, they will forma very # contingent in the convention. Thus far no action has been had in this city, nor in fact inapy part o: the State, with reference to the appointment of delegates. This, however, mooning to the excitement coment upon the rs toot ol the election; but that being now over, it is probable that due attention wil! be given to this aubject. A very general belief prevails here that ex-Gover- nor Floyd,of this State, is likely to Seoupy 8 position in Mr. Buchanan's Cabinet. Iam sure that nothiag would afford greater satisfaction to the people of the Ole Dominion than such an appointment. The ex- Governor is a favorite among all parties. He has been always conservative in his sentiments, kind, courteous and conciliatory, so much so, in fact, that not one word of hareh criticism upon his course dur- ing the recent canvass have I seen or heard uttered in the press of the State, or by any one with whon®t, came in contact. I bave seen the name of Senator Hunter mention- ed in connection with a Cabinet appointment. Sena- tor H., in my opinion, would accept no appointment under any admunistration, hia sole aim being to at- tain to the Presidency of the United States. To be identified with the acts of any administra. tion, which, however justly free it may be from censure, will, nevertheless, fail to give general satisiaction, is not compatible with that almost uni- versal popularity which must secure triumph in 60 great a conflict. Senator Hunter has no ition to bear any bardens or incur any bilities which would be likely to operate against his chances for the Presidency. Such at least seem to be the opinions of mamy who have good opportunities of ppeving, his sentiments. Know Nothingism is literally dead in the South. Whatever of that organization now exists, was kept together in view of the Presidential election; but that bemg now over, and every cohesive element which bitherto maintained it being gone, the party ee said no longer to exist. It is impotent for good or evil, and its members, as well those who bave quit its ranks as those who have held to it, stand lower in the scale of politics than the most rabid among the old federal party will long be felt a generation to clear off its evil ‘he heavy rains of Monéay a Tuesday last were followed by light frost, which hes continu. edup to this. The nights ere cool, bat the days are Saruing BucuxondD, Va., Nov. S, 1856. Ecamination of Reyer A. Pryor, and Charies Irving, Bai- tor of the Lynchburg Republican, before the Mayor of this City, upor @ Charge of Viclating tie Duslting La. Of the Btate—Eforts to Enforce the Foxfcilure of Mr. Pryor's Recegnizance, &e., de Messrs. Roger A. Pryor, snd Charles Irving, editor of the Lynchberg Repwilican, appearel before the Mayor of this city, yesterday—tne former to an- ewer acharge of accepting « challenge from Dr. 0, B. Fiovey, and (ighting & doe! in pursuance thereof, the latter of acting as Mr. Pgyor's second on the occasion. The parties not being prepare’ to zo into ths case, it was adjourned until this morping, both the accused having given bail in thoeum 6f $9000 each for their appear. ance. Today at 11 o clock the case wes resumed. Mr. Stephen Hughes, a boarder at the Exch: being sworn, said -—What } saw of this difientt; at the Exchange as I was ccming out from dinner and just as I got to the head of the eteps, I beard two persons engagel in en angry quarrel, turning round I recognized Mr. Ir ving and Dr. Finney as the parties engaged in i. A copaiderabie crowd soon assembled, and @ great many angry words were exchange. between the two, which [ Gid not distinctly bear. After quarrelling for some time Dr. Finney mace some olensive remark, wherecpon Mr. Irving advanced toward him. Dr. Finney remarked, “You baye got the advantage of me tm this dioulty; shoot mo, if you wish.’’. I th “No man shail eay that I woul quarrel of this sort.”’ 1 think M>, Irving «Weapon from his person upoe the utterance of those Words, and gave {t to some geatleman wno was Standing by; be then sat, * Now we are ogual—wo will fottio this quarre! as gouth right fur un to create su ¢ Me. Irving herevpon walked olf and ‘owed bim, stnetly hear, they Me, Irving por ‘ollowed meet when Mr. P. siapped the doctor ia the few stepr, drew a pistol, some o and be accordingly put his pt took place last Friday week, Mr. WN, Br Teame hitn subsequently present a pstol at ts goatierama, that is a)L{ koow about the mai: ‘The Mayor to former wi:nene. of ibe pariles when this Witnese—{ think Dr. Fim Mr. Irving, I believe, sa ougit bot to be taxon ni whether this remark was toade by someboay. Samuel Ruth londiv® into the gectiemen « Were eogayed in conversat Hetering ° appareatly they were ¢ y at the rave me flieults between the p that he was armed, and merk to apply to dir. Irving armed, and ti he (irving) wer sboot bim; a crowd coon arsemble whereupon they eft, with a vow thie diffevity in th. Finney followed, he then drew pen ter was up yesterday, the Poctor submu: ment bo the Mayor, of which the following tng forth bis reasons for not answe regard to this Ci culty — “‘Digeiaiming all intention slightest degree to the , ewerlng any questic reference to t tex betweeb Messrs R \. Pryor and ©, B rinney ground that such answer wii! bavea tendency to expose the witness to a criminal charge, and :nay invoiy: a criminal progecetion DAVID B.7 November 7th, 185° ‘The Mayor to jr. Tucker—State what you know about this eiMouny Witaers—i have nothing to say about tbe matter Mayor—/io you know of amy Sght that ccourred be Pryor atd Dr. Finney, on the morning of i disrespectful the witner declines aa- alleged a in the to be r, desiine answering that question, for the reason stated in that paner yor—lid you see Vir. Mryer and Dr. Finney engaged in apy Oght or controversy on the morping of the 10th ipetant ‘Witnese—1 Cectine answering that, for the same rea- fon woyor ane -I understand you as declining to answer any jon pit to you, of aay knowledge }eu bare of any ity between these parties — Yee, sir Did you see Dr. 0. B. Finney shoot at Mr. pae—I decline to answer that question ind’ ou 800 Mr. I'ryor shootat Br Fianev’ I decline to answer, for the resson already set torth ‘The caso was further postponed uati! the morning of the 11th Inet.. no doubt to alford the Mayor time to con- sider the question of fr. Tacker's obligations to reveal what he knows about this transact on ‘The parties acerced were reuired to tevew their bail to appear at the time fixed for the turtner hearing of this | cane Tt will be remembered that Mr enter into A pen recognizance in the oconsion ¢( bis (iMoalty with y of War required to sum of $2,000, on @¢ Hotts which re- cognizance is stil! pening. A sividied elfort is belog MAde 10 eulurce the rule u regard to forleiind recogal- | ainet him, upon the ground that she attack u jou 7, a8 testitied to in the toregoing ev ideace, in y forfetture of this obiigution In order to show who is properiy reepoosibie for the enforcement of this role, aud wiih 9 view, as it Is betieved, to urgete pro. | per authorities to carry out the law [a this respect, actty | Paper publishes the ioowing Lovee In its issue of this | morvlig Wa hear the remar'x that n0 notice is taken by cur municipal aucborities o! a forfeited recognizance, and hence pikion prevalls that the binding of a man to keep the peace # @ mere fori, which carries with it uo pepalt), and ts of uo more value than the paper upon which itis Written. We deem tt an act of justice to the Mayor to state that be invariably sends these forfelte ! reeogpizances, property endorsed, to the Hustivgs Court office; turther than this be canaot go, and tf there is 4 fatlore to take proper notice of these maters tae fault is pot the May Tals, Teast of it, ts gratuitour and uncalled for, What ougg-sted it there is nv iiflcuity bere in de fulog. The so ealled authorities need no impale of thi: sort, for I presume the disposition to «nforce this rule in regard ty Mr. Pryor ie auificiently stroug to influence them to this course without the ald of eny external pressure, Too Governor bas appsinted the following de to Soulnern Commercial Convention, to assemble at Sa- vannab on the &th of December next. Tixst Dernict—R M T, Hunter, Robert L. Montague, of Misélesex; George Booker, of Elizabeth City; J. B. Cosvaban, of Wiuiameburg. Sxcovp Durmicr—Gen. Jobn S. Milson, Gen. F. M. - of Isle of Wight; Dr. A. Taylor, of Por temouth; James ‘se, of Greenville. Tuxp Diernior—Jas, A. Seddon, Frederick W. Cole- Daniel H Dawson, Wm H. Mecfariand, ba M. Spred, Thos. 8 Flournoy. foxrm Inerricr—Gen. Wm. I" Gordon, Thos, J. Ran- 1s L. Kemper. Faustens, J. French Strother, <oba C. Moncare, Nathaniel ‘Tyler, Jr. Ecutu Duetuct—James M Mason, Andrew Hunter, Augustus McDonald, Sen., Robert J. T. White ‘intu Distaict—Rober! J Michie, John W. Brocken- jh, J. W. Magaie. Kenton a ‘Ta Dhersicr—Chas. W Russe!l, James Neeson, Al- ‘rqo M Barbour, Dr Jobn Oamobell. iavEara Derricr—Wm. L Jackeon, Cen. A. J, Smith cf Harrison; Thos. L Brown, Geo. Summers. Twaisia Devrxicr—Natbariel Harrison, ‘reston, Fleming B Mitier, Samuel Price. Tosimasm Diaeci—Joha B. Floyd, Wyndham Ro- bertson, Thos. L, Presten, and Thos, |. Gilleapie. An unusual quiet reigns througho: democrats are congratuleting warkable revolution people of Richmond, as exh! cent vote Many old whigs and Know Nothings express thelr eatisfaction at this chaage, frome betiet that the pre.udices which heretofore mych to {ts disadvantage, J now be removed. ‘slatare, which has always been democratic, was ra- unfavorably disposed towards Richmond; and even eral government seom-d indifferent about its ia- The only regret felt at this change is on the the office holders iz the city, who for many years bave fattened vpon the rich emoluments whch they have enjoyed under ‘hedyaaaty of -‘Sam.’’ They have become obpoxicus to the great majority of the citizens fiom thelr excesses, and many among the pariy which | dant. The object of have hitherto supported them, feeling that the recent re. action in the public sentiment of the city was the result of thelr ultra proseriptive policy, | eagerty co operate to ceprive them of the trusts which they bave abused. lo bo city ia the Unien ts aobange so much needed. The ‘admipistration of {ts affairs for the past few years, dis- played @ wofci incompetency oa toe part of those who baye been intrusted with the mauagement of ite affairs, wuicidal policy on the part of the citizens, which ea drives men to eacriice thelr best irterests to the gratifcation of {!l concealed prejadice. A better state of ‘tt ngs is now in prospect, however, News from Texas, We bave Galveston papers to the 30th ult., and ‘bers from interior and coast towns. The Supreme Court of the State commenced its sossion In Austin on the 20th ult., ali the Judges present. ‘The Galveston News, of the 50th, in its commer- clal article, says : Bask Robert from New York, and bark brig Anna Elise from Bremen. ‘é pene but Little activity ta report in business at By 3 From the country we have advices which, on whole, are not Saws oe the —— up of the cotton crop ; rainy weather prevailed, 23d and 24th and light trost was observed on the the coast. had risen two feot at Richmond, and ueces from Boston ; about fifty wiles from Brazos river was still rising. A meeting was to be held in Galveston for thé Puypese of reorganizing a chamber of eommerce. The Galveston following intelligen: We learn that the Filimore party bave made all the vecessary preperations for an nmposing: demon: tion on the night of Saturday the Ist prox. rom what we learn it will far surpass at ‘The bark San J . Which left this afew ays ago for Boston, took a of cotton, hides an w, valued at $111,000 32. ‘The Teleg: says that Mr. John Viven, well known as an old Texan, and a soldier at San_Jacin- to, died in Houston on hore, @ “— ee oe military honors ‘by Light Guard, on Monday. We iearn from the News that Governor Pease is ‘pending a few days in Galveston, awaiting the arrival of his lady, now on a visit to her relatives. We take the ik peragrapls from the Gal. vestem /Vews of the 23th:— The court in Bastrop adjourned on the 18th inst. Franklin Louis, indicted for the murder of his ne- ero, was acquitted. Cornelins Hemphill was in- oleted for the murder of Geo. A. Gamble, and the couse continued by the State, and he was recognised in the sum of $10,000 for bis appearance at the next term. ‘The Crockett Printer saya they bad frost in that place on the 24th and 25th ult., but without doing any harm: and that frost again made its appearance on the 16th and 17th inst., which the editor thinks will stop the growth of potatoes, &c. ‘The Henderson Democret saya that they had con- siderable trost in that place on the 15th and 16th it By a passenger we are informed that while the steamer Louisiana, on ber last trip to this pert trom ‘New Orleans, was outside the bar some seventy-five miles, the wife of Mr. Snell, of Teanessee, was deli- vered of a bouncing danghter. She was named by ber parents Louisiana Talbot. We learn that the ldirectory of the Memphis, El Paso and Pacific Railroad Company lately had a meeting in McKinney, Colin county, and rejected the preliminary contract entered into with T. Butler ng. by Messrs. Throckmorton. Allen and Dickson, providing for a union of the companies and the janc- tion of the two reads. We also learn that the Mem- is and El Paso Company will soon have an — peer engaged in surveying the route for their We learn by a planter just from Stafford’s Point, Fort Bend county, that the crops in that neighbor- hood will, many of them, turn out nearly an aver- ee. eet potatoe crop in that neighborhood markably fine, the yield being irom three han- ed to four hundred nels to the acre. These potatces are now selling in the Houston market at 2 per bushel, by the load. This shows the profits f 4 good potatoe crop at good prices, the proceeds being $760 to $800 per acre. We have just received a letter from Waco, of d inst.. stating that Mr. Lazenburg, who days since arrested Black Hartin as an mplce in the burning of the Adjntant tals office, shot Colonel William Long dead, on the 2ist instant. Col. Long had shown some disposition to resist the arrest, and while Lu- renburg was gone to Austin, with Hardin, Long esperred the character of Lazenburg’s mother and sisters. On Luzenburg’s return, he heard of lames rbasive langaage, and demanded a retraction, h being refased, he immediately shot him, eleven buckshot — his face and neck. Long fell from horse without a groan. A legal examina- tien ‘oing on while our ‘Win. Ballara | done with eurp! ci motion to have it contin ited against the city, so : ly be accounted for ia that blind infatuation which | paying two only, and has Mills and ship J. W. Fannin arrivea | These, of the 30th, furnishes the ie } conveyance wae be Ne oS ones t Lent of Crockett, a highly es gentleman, w receive the sad news ot his son's death and his life lees body at the came time, , t ‘The Corpus Christi Valley states that with the ex- | ception of the erection of the cast iron stairway and | the banging of the lantern, the Aransas light | heme has, for some time past, been completed. ; Copt. Elmenson Lewis, of Galveston, has been ap- | | | | roads almost impassable. The San Antonio Texan, of the 25d, reports the receipt of several tons of from Mexico, in that | city, during the past week. Moakment oF Troors.—The steamer Maria Den: | ning atrivea yesterday with 178 recruits for the 5th | Regiment of Infantry, United States Army, under commend of Brevet Major N. B. Rossell: Brevet Mojor & H. Fowler, Capt. J.C. Robiyson, First | J irutenant W. W. Barns First Lientenant S. Archer. | Pirst Lientensnt W. H. Lewis, Second Lientenant.. | t 1, Regimental Assistant Sargeon Clemo 1 tochment is from Ne barracks, en ponte for Honda. We understand that the detachment | rembered 210 npon_ leaving Newport barrdeke. und | orrived here with 178, having lost thirty-two by de ‘ sertion — New Orleans Delta, Now. 3. The Huntington Financte, ing Operations, SUPERIOR COURT—SPECIAL TEBM. Before Hon Judge Bosworth. Nov. 10.—Bishop agt. R. Halsey, U, Hand C. Belden, and U. H. and J. H. Harbeck—First Ac- ticn— Bishop and Stewart agt. The Same Defend- ant Charles B. Huntington--Second Action-—AD astignment by a debtor of all his property in trust to pay two ereditors, and which is silent a4 to the fact whether there are or are not other creditors, and which makes no provision as to the surplas, is not void on its face, irrespective of extrinsic facts and of the actual intent with which it is made. A creditor at large of a freudulent assignor canno maintain an action to set aside a fraudulent assign ment, nor can a mere voluntary assignee of such frandulent assignor. A creditor who has recovered & judgment and issued execution may, so far as it is an assignment of rea! and leviable personal property— after execu:ion actu returned, be may also insti tute @ suit to reach the choses in action of the debtor. In an action, by a judgment and execution creditor, to set aside such an assignment as 1s first above named ,it is no. a matter of course to enjoin the sesignee from proceeding at all, and to appoint a re- ceiver when ‘he motion 1 met by a full denial of ac- tual fraud and of the material facts alleged as evidence of it, and it Hpraeemely aronen that the whole assign- ed property is insufficient to pay the debts for which it provider, and especially when the insufficiency of the property for that purpose is not controverted. But the court will make such orders av, in view of Ju ect pe nar eon 1 such relief as the miny ubimately deride them tobe entitledto, Facta: ~ suit by a8 sole plaintiff, is bi to set aside on the 10th FO} is ment merely provides for ig his debts to the Beldens and, Harvecks, and hs liabilities to them. It neither states the amount of them, nor the value of his property, nor whether he bas other creditors, nor provides what shall be lus, iftnere be any. Bishop’s only right to sue is derived from a voluntary made to him by Huntington of all his ‘property, on the 18th of October, 1856. The object of the tiret syit is toset aside the first assignment as fraudulent, ang to the property under the second one, which is ae benefit of all the aay aay * tem restraining Hasley from Poblog of toe propesty was |, and Beading the until the —y" jun- confessed i to. and ‘ on the 30th of O for over $27,000. Execution a ju was issued the same day, andreturned unsatisfied on the next , and an alias was then issued. second action as then brought by Bishop and Stewart, as jr it and execution creditors of Huntington, the same defendants, as on the first one, and Huntington was also made a defen- second action is to set aside ent. and have the propert: comes to pay the nt, im favor of Bishop Stew: Bota complaints state that there were other credi- tors, toa amount, who Rega yar oat in the made to Halsey, fre me it with intent to defraud; and insist was that it is void, becauce it is an assignment of all the debtor's property, with a provision for no vision for puying any olber cieditor, and & result ig trust of the surplus forthe use of the assignor. It algo states that Huntington was insolvent. The an- swers deny all actual intent todefraud, and all the extrinsic tacts stated as evidence of it, except that there were other creditors. and that Hunt: yn was insolvent, and avers that the property assi to Balsey 1s whoily insufficient to pay those secured by it. In each case a motion bas been made for an in- ee oe Pog Halsey trom moma ba isposin, property. A receiver pre for. —r the ee real on opinion, ——_ thatare reer | understand the grounds of eelision made. Therasson & Bryan and James T. Grady. for plaintiff’; Tracy, Powers & Tallmadge av , for Bosworth, J—What ig the nature and legal c* We instrumont or assignment of the LOth of tober, 1856? It,.in terms, *‘« 1, COD’ 5 fers ond setsover to Halvey, his heirs, rs, vstuators and assigns,” all and singular, the rea! and personal estate of whteh Hrntingcon mny be seized, possessed of or entitled wnto, either at law or in e 5 , Teversion or remainder. It is tharetord, #8 absolute grant or ance of all the erty of the ussiguor. The assignment docs not, i ao ae Soe et it is tnade in trust, Mts ja gus 5 aesignec, Halsey, is to enter into and upon the assigned wont, to take possession, convert: Into money, and to im seid personal estate, and to seli and convey said real estate, and ont of the proceeds “pay, satis- ty and discharge all liability, mdehtedness, or obli- gations, of any name, nature and description, that the said Hantin; may be, or nmy become under or subject to, or in favor of Charles Belden, Charles Belden & Co., William H. Harbeck, John H. Har- effec last. He was | beck, or Harbeok & Co., all or either of them, in mepner and form fi ‘That is to say, Char- les Belden and Charias Be! & Co., are to receive jotwtly_one half of said proceeds, and William Har- beck, John H, Harbeck and Harbeck & Co., are jointly to receiue one-half of said brags the said parties being thus half and half.” No provi- sion 1s made for creditors, and the assign- mest does not disclose or intimate that there are other creditors, and it is silent as to pius. The defendants aver, by their all the estate of Huntington of which knowledge, or which they have been ver, is insufficiont to discharge the liabilities intend- ed to be satisfied throngh the assignment. The as- sigument, as I construe it, provides for applying the on to Bey the Bel- proceeds of all the tty of Huntin, and discharge the debts and liabilities dens and the Barbecks. 1: avows @ purpose to them half and balf—or, in other words, as of the debts owing to the one as to the others. As- — , for the purpose of the the wi creditors, to exclusion of others, enough to sa- tsfy the debts owing to those to whom the transfers epply it to pay particular creditors, the ty Leipg insufficient to pay them? Express moy le created to sell lands forthe benefit of cre- diters. Ci R. &. 728, sec. 55, sub. 1.) It would veem to be idle to make a provision, in terms, for toe benefit of creditors to whose benefit there could \e Lo property to be applied. I think this statute au- thorives trosts for the benefit of only a part of a cebtor's creditors, when all the property is assigned in trust for their benefit, and is insufficient to pay them, it there is no other objection to the trast than the mere fact net, in terms, provide for creditors who could in no contingency. be benefited by it, be couse there was ir such trnsts may be created to sel! lands for the Lenefit of creditors, is there any rule of law prohibit ing such trasts to gonvert and apply personal pro- perty for the benefit of creditors? This assignment rs nt made ape go October, 1856, to vof all his | | vision to apply the surplus, if any there be, to that it does | hing for them to take under it. | ojicis in one important feature from those adjudi- | cated ny) in Mackie vs. Cairns, 5 Cow., 547, and Goodrich vs. Downs. 6 Hill, 438, and Barney va. Griffin, 4 Coms., 367." In each of the cases cited the sesignment contained. in express terms, a provision the benefit of the assignor, by directing a cific appropriation of, or payment to him, part o tl eeds of the property as ‘eped, betore all his creditors were paid in fll That provision was held to be sufficient to avi ‘d the sesignment in foto, y= there was no sctnal intent to defrand. It was held to be a vioia- too of the statute which inhibits all transfers of per- sonal property in trust for the use of the mak ing the came. 2R.S., 135. § 2. The elects to third in trust to pay certain » Fis to the assignor, were held to be viols pointed keeper of this Ii " toe si rye ‘The Lavaca Herald, of the 25th ult., rainy | ‘ion of statute, although, in point of fact, the and unsettled weather the past few and the , property was insuflicient to pay the preferred cred). tors, and it was alleged, and to be proved, that at the time they were drawn it was not contem plated that a surpins would arise. The court said that the parties, we dye} 2. of the as sign a surplus, and the dispositi toybe made of it, could not be permitted to alloge ee an uegeccdengieed ti or any was 1 fem, AS an actial possibility. That in such # case, the transaction aust be deter mined by the terme of the trust deed. (ni inasmuch es by ite terms it ert in trust all the property of the debtor, and di » A4 ONE OF its deciared trusts, that part of the proceeds should be paid to the debtor himself, betore his creditors were paid ia full, it contained an trust for the vee of the yerson creating it, and was therefore wholly void, rrespective of the question of acta! intent, oa | signment im question does not, in terms, creare any it the existence of | such trast. It in not therefore within the prohibi- | IMPORTAN s tion of 2 R 8.135, ‘Lo render an assignment T PATENT SUIT. void, a3 against creditors of the assignor not provi- od ded for in it, it must have been made with inteut to defraud creditors, or it must contaio proyisons % which will avoid it, although an actual honest in- ‘The ease of Sickels against Borden, which has tion, it is denied, as are ail the extrinsic facts wien | cluded by a verdict for the plaintiff, for $750 da- are ene noe yr a ppermerts gy | mages for sixty days’ use of the twachine on the of motion, ft must en to it steame: 1 1 dant i of Huntington's property is insufficient to satisfy | J Metsopplis 7 ere Cafe 3 in the case his just liabilities to the Beldens avd the Harbecks, | 8 Mr. Horatio alien, of the Noveity Works, and the ‘The question which this motion presents, on this suit is brought for an infringement of one of Sickels’ view ot the facts, is simply this:—4 debtor, unab'e patents for an improvement on the cut off, built by to all bis debts, and his whole pro; Pew ivutn 40" pay fis whole property the Novelty Works for the steamer Metropolis, the tore, assigns it all a third person in property of the Bay State Steamboat Company, and greed Ln — 1 eo: He so ae us | known as “Allen & Wells’ adjustable cnt of” The in 1» a out any int wo Gétrand Any crediter. “Is such au eesigument wold | cause Was tried by Mr. Cutting and Mr. Stoughton merely because it does not contain a nugatory pro | OF Mr. Allen, and Mr. Dickinson and Mr. Koller for Mr. Sickels. The following is the closing fargu- ment of Mr. Diekinson:— May it please your honor, and gentlemen of the ury, after the attentive consideration which for se- veral days you have given to the evidence as it haw been presented to you, and after the able a: Clrewit Court. Before Judge Neleon. bis other creditors, as far as it may be afficient, when it was impossible that a surplus could exist to be divided between them? I know of no authority which 60 holds, and cannot believe that the rights of parties, in the absence of any statute touching ‘the question, can be affected by such a formality. ll If this view be correct, then it follows that whetner | 9! ™:y learned friend who opened the cause, the asignment be fraudulent or ‘ot depends upon | ‘ink it an unpardonable trespass on your time amd the intent with which it was made. all fraudu- } Patience, eat an unjustifiable appropriation of @ lent inient being denied by the answers, | ?0"ton of the very short term which his honor and the assigument not being necessarily |‘ enebled to aftord to other suitors, if I should void upon its face, the equities of the plain- pay eens erated, « ion of the ques- tif are fully denied by the answer, and | ton of igement which forms the T part the motion should net be granted, as a matter of °f this controversy. gapkis this course, however, course. In this connection, it may also be remark- the defendant will closed ment for ed tha tit does not , Will not think me wanting in respect to appear b; the face of the as- him or his effurta; and if 1 make no reply, I can aa- ec mee sac | sue Lim, ato fara La a Jags o twa than those for whom it provides. A man may as- | fo!™mance of that aort, his is ae as could sign all his property to pay all his ereditors. hod bel expected, of ony one under the circumstances; ‘er to aasail the assignment, therefore, or to sug- | ®24 1 am sure on. nat will be his wit- gest a ground for impea ching it, ic becom:s neces- Depa, at any time, he baseamed hisfee. He is pi a extrinsic facts, as that there were | 20° sccountable for the case, and cannot make itany creditors for whom it does not provide. other that it is, I shall, therefore, only te Such and other “extrinsic faots ‘are, br°'may | 700" minds ove single picture and one single view, be, evidence of a fraudulent intent. These | #4 then passto the question of damages. ; may be repelled, by showing that all the ai tlemen, though — ih = property ase is sufficient to pay the credi against Willia , owls it of the Fall River provided fer, and thet ouch was in fact the | Sto ius ceotined tno poaion of tes Coane aes estimate w! parties put upon e a8 signment was made” ‘This Tact would seem to re Metropolis, for the ption of nal thera no interest in te event, all presum, an a intent to defraud, ‘ stranger, so long as he is able to indemnify them cause it would establish that nocreditor was orceald | §7ai0t (he consequences of the act committed be defrauded. It must be obvious, as I think, that | for this t, if void, is so because it was made | tem by him and eomplained of by us; and the im- with an actual intent to defraud, which those aasail- | NeDse wealth which is concentrated in the Novely ing it must establish, and that it cannot be held void 80} reason of matters appearing on its face. m against ~ You will remember, Bren As the assignment was or pion race, a8 mer ene gag ™ case in this against creditors, or avoidable at their suit,it would | Gévizucdly, 80 r. Allen might bo a witness te be a sufficient answer to the motion, in which Bishop me on ere Oe for ever after be um is sole plaintiff to say that it is velid as between the site to oma! Bef Ipast injustice to him or te parties to it. That ‘neither a credit or at large, nor invention which he claims in to have made; any mere assignee appointed by Huntington, with | 2241 reasoned that if he not defend this out the order or interveation of a court, isin a con- wea ; there was no other man who conld, end Lde~ Gition to assail it. It cannot be assailed as an as. | sired {0 try the question against the strongest rather signment of reality and of leviable personal proper- | {220 ite TOUS y- consequences I com- ty, except by a creditor who has recovered a a mplated have my act, and the chief wit- ment and had an execution issued to the ness who ts relied upon by the defendant is the real thereon. And-to reach choses in action, the exe- imself. cutiona must have been returned, nulla bona, before | 4 THe ig rested on two gronnds: first, that such an action can be commenced. —— Willies, 9 Wend. 548. Spader agt. 20, J. R., 654. North am. Fire Ins. Co. agt. Graham, 6 Sand., 107.) With respect to the action brought by Bishop & Stewart, if they have a valid judgment and an _ execution ‘which hes been issued upon it, duly returned, so as to give them a standing in court, I seeno diffi- culty in the way of a judgment being rendered in pe pow nent ae ‘assignment to Halsey void, either | for actual id, or for matters appearing on its face, if the Jatter shall ultimately be deemed suf- ficient to avoid it. There certainly is no obstacie to | their recovering sach « judgment unless they are precluded from —— ffs in an action to avoid the assi; mntto Helsey, by the mere fact that Bishop holds a general igument, which he is secking to uphold as valid, and which embraces all the property of Huntington. the invention of Mr. Sickels omy eugiicale for tripping a valve, and that in the 3 machine the valve is not tripped; and socondly, that the pa- teut requires the valve to be let down by a lar device, whereas the defendants’ ease into its eeat by another device. The second of these defences the Court of asa of law, Icaving the first one to be disposed of hereafter. Mr. Allen then testified that in his cut off the valve was not tripped, and that in the of Bickles it was 80 dere On , however, I duced aoe De saeneee. vision, letters sworn iy. in 1853, in which he deseribes ‘his identical machine for which this suit is brought, aud claims it, in these words: “First, the combina- tion of pails with two arms, whereby lifte tripped as described.” And I asked him, ii 3 The jnc t ia in “Did you discover, before this no way connected with the [i to | tit was b . that your valve does not trip?” and jabop. It is not npon %%S aamé trusta ag | Derald, “I dld not.” “Launched upon a cross axa: ike latter assignment, and was not confessed to aid | Hubimch with this direct Gon hetwreen Sy it. or to be used if that should be held frandalent. | *tstement when he bad no interest to tell anything Nor do I see any impropriety or iacongruity in the but the truth—when he was ‘to the officers Beldens and the Harbecks settin up the second as- | ° the with a view to e signment, and its acceptance by ‘and insist- | Patent, the of his machine—and his ing that if, contrary to their own opinion of their Frente now, ‘zhane svve the illgot guns which be iegal , the Court hold the first baa received from the public for the unlawfal use o€ mept vold, that then the should declare the'| Mr. Sickels 5 ‘his grasp, second t valid, and direct the debtor's | bis situation claimed an ereget phe 5 to be distributed ‘under it. In all cases in | "my duty was direct before me and I'did not which an answer is in , the may grant | 70m its . We went on; and Mr. Allen any relief consistent the case madeby thecom- having ae pent driven from point to point, at aint, and embraced within the issue. (Code, § 275.) t stood fore you, ¥ the models in sight, te t would be consistent with the case made by the | th-Ter orig, dueshan: Explain, if you please, by latter complaint to declare the first assignment void; | the id of the models, the the motions it would be consistent with the case made by the | Of the steam valves and the arms which liberate complaint, and embraced within an issue upon facts | them in the two machines from the time the valves properly stated in the answer, which may result in | 2'¢ about to be lifted till the time when are proving tne due execution and acceptance of tne | “engaged: are they not on both machines perf Seagal Satiqrens, Se alates as tae Coleen Spee — at every possible point of time / perty passed by distributed under the eames came down before you with this lat , unless all right to any such relief | Temark: “I will explain.” There he stood—the chief ust be overridden by the stern abstract principle | *"¢ineer of the line—the head of the Ne- That the frst assiguasent la valid and not’ f a- rey Worke—the self-constituted autocrat of the lent, as against the second assignment, and is valid ex- world of New York—surrounded by a cept as a process at the suit of a cre- host of followers who bask in his smile, and who re- ditor hat a t against the debtor, and | Yolve about the cegtre of his position as the heads of an execation thereon. Bat whether’ this | “™aller establishments, and, with ears erect, we he ao or not, the fist sesignment, if frandulent, listened. I shall never forget that scene, as long as may be vet aside at the of j ¢ | [remember anything !—it was the triumph of trath and execution creditors of the assignor. Toso over pretence—of justice over arbitrary power. “I deem it important, in order to dispose of this mo- | ‘ill explain,” began Mr. Allen: ond he paused, on tion, to consider whether the jndgment confessed to | '8 very diMcult to explain,” said Mr. Horatio Allen; the plaintidy would be set aside on motion, ne, not and bis band Tagen “Co cael eee conforming to the requirements of the code. Ithink | #7 he paused agatn.. Ge said T, . the métion in the first suit shonld be denied, on the | “I cannot explain it,” anid Mr. Allen; and he ground thet the plaintif? 1 notin » to ques. | modically let {he models ond began 8 tatteat to m the legality of the first nt. In the | Piimess before Teached it, second suit it eee So Se Bees bet t himself, and returned—his hand again anda, rome of which would be equally applic: twitching over the machines, and again he opened 10 the first suit, if by a part; having a legal bis » and with | pens the counsel standing in vourt, whieh would enable him to ques- | Waited on'his lips. “It is very difficult ‘to ex- tion its validity:—L. The to Halsey is not 5 remarked Mr. Allén, hurriedly; void solely by reason of anyt ‘appearing on its | With a he added: “I ‘will not roe, and ti of facte, 2, All | it,” and to the stand. 1 had not the heart the extrinsic alleged as evidence of an | it further; for I felt the sting of mortified actual frandulent intent, are fally met by the an- | P'tde which this terrible unmasking inflicted, as we swers of the defendants. 3. There is nothing alleg. tee! the writhings of the poor wretch whon we see ed against the integrity or capacity of the , | the surgeon's knife cut to the core of some canker- and there is not the, ground for ing disease, and hear the saw Me epee He bene. his responsibility. while the assignee 1 coly remarked that if Mr. not not be restrained from con the into own 1 thought it useless to for money, it may be just to him from . | one who could: and there ended that part of the buting it unt after judgment in these actions, um- | T*examinstion. If, gentlemen, you have any lees security be given to account for the property, | © btabout the identity of these two machines, re- and apply its or value as the court cell that picture and yon will feel it no longer. hereafter direct. A ‘h the defendants Another view may be as conclasive. Before this in their answer that invention, the valves opened and closed by the or- js insufficient to satisty the tiation watch dinary eccentric motion; and on beth these machines it was to pay, yet they do not | that is their motion now, when the action of the ont- state the out of Pitch they arose, so that | Of is died, and they foliow fall stroke. Mr. the Court can see that the claims are valid; nor is | Sickels invented something—whatis it? Let us take their arnt pamed. There may, therefore, possi. | 1 out of both machines, and lay it on the floor. Ist. biy bea surplus. If so, it would go to the second | !t !s a sector, vi on arock shaft. That ix arsignee assuming both as mente to be valid. agreed to be new, and to be used in both: there it is. The ple otif may establish the invalidity of the | —-°. That sector carries two arme, from first ast gnment, notwithstanding the denial on this | © »pproaching each other: they are to be motion of the trath of the matters alleged to show | Dew, and in both: there they are. 3d. sector ix actual frand. The case presents many questions | ¢onected to some part of machine me ©o- that ae novel. ‘he fire aimee in poi of time, | incident with the piston, and vibrates with that mo- ie a clerk of his co-defendants, But though co: bape | ~ Bee fone: and to be the mame tent and sible, yet the fact of his being thus | in both. . these back shosted, in pomnection with the other foutares their respective ines, pode oe t all Har to the care, seems, in my jndament, to it | sides have done t— that this is new proper to grant an order denying the motions, ao | ®¢ useful. We willthen put it back the for as they seek to restrain the from convert- | engine. And for what pu ? 4th. So that the ing the estate into mone: ee orms can liberate the from the lifters, not be disposed of until the farther order of the | to permit them te return so as to effect » eo unless a bond be given by him and his code- | ct'toff. Ail admit that is new and usefal. Now, fendants, (exclndiny Huntington.) ina ity of gentlemen, «ll we cloim for the of thi« 50,000, condition pay to each iff such sum | cae is that machine, to be used for rn la as he shail, ultimately recover, and to account for | Meuted. Everybody on both sides t Mr. the property, and apply its value or proceeds, and | Sickels invented it, and that the use it pay them to such person or persens, and in sueh sam for that purpose. Can yon see any reason or same, asthe court by order or judgment ineitheror | they should? If yor will not find usa verdict oth actions, shall altimately direct. On such « | thet, gentlemen, neither would you ‘one rose bond being given, with two sureties aj ved by. from dead, and it is vain for us to to you: Jnstice of this court, each of whom shall justify in | I mow pass to the only question in this case which thirty thousand dollars, the motions in éach case | ought to receive one moment's consideration will be denied, and the Weusporary injnnetions here pry mr = yea Pave heard from —o A stebenties res ce crennran lll the - oo Se has Lm progr ps ot A Nev ror THe Anouitioxrsrs.—The Danville | *rt,to which we are bound to sul until (Va.) Register says:—On Priday last a bie Pike gy eo = | Ws or later, I have no ond intelligent free negro. woman appeared in the | Joubt. That low is, the patentee is only enti- court, before his Honor Jndge Gilmer, and made application far leavefunder our laws, to sell herself to James J. Tinsley, Esq., of Cascade, In this county , as a slave. His Honor institated very rigid inquiries | into her motives, Ac., and caused both pasties to nn- dergo a careful examinaticn on oath, to show that ‘no im} r or undue influence had been brought to ‘led to recover from an infringer, for a his invention, on amount c its mach price Diflerently stated it » to this—that if yon ‘er to sell yoor horse for one hundred dollars can only recover cond from a thief wh ealera your steble. carries off your property Ne oy jo t) © @xpense of a lawsuit to recover it. y objec: tion to this decision is, that it debunches pablie } that this step was of her own wish and | wil aor value wae fren eatimated at nine bon. | virtue: heewuse it says tothe infringer, “the court | dred doliars, and the order was accordingly made | *?!! take care that you shall not pay more than the that upion Mr. Tiksley's paying #450, or one hal! her | 7 arket price of the article atthe end of « value, and giving bond to amount of $500 that | !vwenit if the patentee have the means and she should not become chargeable &™ county, | to poets ee ane Po 4 irene valthy, of ced, wane of skill of the owner, and in th ty-one years old, healthy, of fine sire and haa three child, and th besides & Woman of most ex- cise yorr “operation will be « profitable one.” ” cellent character. yemptation strong fr thas offered becomes too