The New York Herald Newspaper, May 6, 1857, Page 4

4 NEW YORK HERALD, WEDNESDAY, MAY 6, 1867. NEW YORK HERALD. wee JAMES GORDON BENSEDT, FRM'S, camh 4 acti FERN: ance. TAE DAILY AEN ALD, 2 conte por BT per ane. Tae WEEKLY BERALD, every at 64 cents per 0 1, oF Bi per annum ; the ‘annum, (0 snort of Great Briain, or $8 fo any part of the Continent, Both Binns pong, VULUNTARY CORRESPONDENCE, portant weirs, solicited from any cuarter 0” the weil! be Tides Faly paid for. BGPOC FORRICN CORRESPONDENTS "AR- fiortaviy REQUESTED TO BRAL Ait LETTERS AND Packaces Baer 08. AMUSEMENTS THIS EVENING. BROADWAY THEATRE, Broadway—Tus Son or tus Mroxe. NIBLO’R GARDEN, Broadway—lvaciay Orsaa—La Tn Viate—CoLcmmina. a ROWEEN THEATRE, Bowery—Tax Ronsens—Krr Can BURTON'S NEW THEATRE. Broadway, opposite Bond st, A New War to Par Oup Dasts—As On_ncr or Lyrengst. WALLACK’® THEATRE. Broadway—A Dacipep Casz— Onn Coat For Two Scrts—Boda non tas ' LAURA ERENE’S THEATRE, Broadway—Lixe anv Un- Ke—Tus Evves BARNUMS AMERICAN MUSEUM, Broadway—Afernoon ead Brening—Nxicusos Jack woop. — GRO, CHRISTE AND WOOD'S MINSTRELS, 444 Brosd- wer—Srmorus New Yeas Cais. BUCKLEY'S SERENADERS, 688 Broadway—Ermorus Pasrosussens—Ovp Fo.x's Concesr, £0. — evndarewe honoeate—Ar tevanv? Mirren The News. ‘The steamship Kangaroo, which left Liverpool on the 22d of April, arrived at this port last evening. ‘The news is not later than that telegraphed from Halifax after the arrival of the Indian, which we published yesterday morning. Our European files contain s report of a serious Carlist outbreak in Spain. Queen Victoria was convalescent and the in- fant princess quite well. It was said that Gen. Con- cha's reported recall from the administration of the government of Cuba was brought about through the influence of Lord Howden, the English Minister in Madrid, who had complained of the lax morality of his Excellency with respect to the slave trade. Se- nor Lafragua’s mission was likely to produce a set- tlement of the Spanish-Mexican imbroglio. The as- pect of political affairs onthe Continent of Europe iaeaid to be serious. A full financial report is given. The trial of Mrs. Emma Augusta Canningham, otherwise called Bardell, was continued yesterday— the second day—in the Coart of Oyer and Terminer. Most of the evidence was necessarily a repetition of that which was given at the Coroner's inquest, and ‘before the Surrogate, and therefore we omit, as far as possible, the publication of such repetitions, con- fining the report as much as possible to what is either new or of some importance in the case. The witnesses examined were Dr. Francis, Hanvah Conlan, the cook; Mrs. Stansbury, the lady to whom Dr. Burdell was about to reat his house; John Burebell, the doctor's boy; Mary Donoho, the chambermaid, who bad left a few days before the marder, and Doctor Main. There was no new de- velopements, and the aspect of the case seems to be, Bo far, in no respect altered. ‘The excitement in regard to the mysterious mar- der at Newburg grows more intense every day, not | only at Newburg and its vicinity but all along the | Hudson river. The wonderful likeness that exists ‘Detween Sarah Bloom and the deceased, as well as the mystery that envelopes the whole affair, form ‘the principal topic of conversation. A lady's silk haat, seen floating down the river on Monday, sup- posed to have belonged to the murdered woman, may _ throw some ‘ight upon this shocking affair. A re- port was circulated yesterday at Newburg that a young lady was missing 4 short distance above that village, and a party bad gone there to learn further pertioulars. The second injunction against the new Police | ‘Commissioners was yesterday dissolved by Judge | Peabody at the special term of the Supreme Court. In the general term, before Judges Mitchell, Roose- velt and Peabody, an argument was had upon the | constitationslity of the Metropolitan Police act. | ‘The argament not being concluded at the adjourn- ment of the Court, will be resumed this morning. The new Board of Police Commissioners held a mecting yesterday, under the authority of the order of Judge Clerke, dissolving the injunction against them. The office of General Superintendent of the Metropolitan Police District was tendered to Mr. Mateell, the present Chief of Police, but he declin- ‘ing, Hoo. James R. Whiting received the appoint ment, and it is said that he will accept. A series of | rules and regulations for the Board was adopted, | providing, among other things, that the Mayors of New York and Brooklgn shall be ex officio mem- bers of all committees having under considera‘ion subjects relating to their respective cities, A full report will be found elsewhere. The decision of Judge Peabody, dissolving the injunction, and the argument on the quo warranto, are also given at | Jength. | The Board of Almshouse Governors met yer terday. A communication was received from Mr. | Van Riper, theGovernor elected at a late special | meeting, in which he declined to take his seat or participate in their meetings, until all doubt as to the Jegniity of his election had been removed. On mo- tion of Mr. Tiemann {t was resolved to endorse all the proceedings of the epecial meeting, with the excep- tion of that relating to Mr. Van Riper. Another | election will be held at their rn vacant governorship. The usual monthly report of the resident physician of Blackwell's Island was sub- | mitted. The namber of patients admitted to the | hospital during the month of April was 127. spiciHttt sfeesas iy eb troop chip Pereeveraace, from Sierra Leone for Demarara, had been lost with all on board, but the Tumor was not generaily credited. A cage of great importance to the shipping in- terest wae decided on an appeal to the United States Circuit Court yesterday, teing that of J. A. & J. D. Secor againet the steamboat Highlander. The facts of the case went to show that the Hbellants built a boiler for the Highlander, and pat it on board. For this service they were to receive $4,400, in four payments, the last of which was to be by a note at three months, which, however, was not given. All the payments were made except the last. The li- bellants then Hbelled the vessel for the amount due ($3,000), and received judgment in the United States District Court. The defence was that the credit was given to Cornell, and not to the boat. ‘The decision of Jadge Ingersoll, granting the libel, was affirmed. ‘The Lemon case came up yesterday vt the general term of the Supreme Court. A motion was made by one of the counsel to postpone the argument as to the right of this State te emancipate slaves while in transitu. The jadge intimated that the period of postponement would be snmounced this morning. ‘Phis case has been pending for years. The culvert on the Centrai Railroad, west of Brockport, was carted away on Monday night by the water undermining it. The 6 o'clock express train from New York ran over it before the damage was seen. The baggage and two passenger cars were thrown into the culvert. Some of the passen- gere received bruises, but mone were seriously hurt. The damage to the road was repsired yesterday | morning. Information was received last evening by the Ca- nal Department, that two breaks had occurred in the Erie canal ince the water has been let in—one at Utica, which has necessitated the drawing off of the water for nine miles. The other is at the Rock Reef feeder. ‘The freshet in the Delaware river still continues, and much property has been destroyed. The Dela- ware division of the Pennsylvania canal has been so seriously damaged that it will take from four to six weeks to repair it. Several extensive failures occurred at Boston yes- terday, in the dry goods business. The tots! amount, it is eaid, will exceed a million dollars. ‘The sales of cotton yesterday embraced about 1,200 1,500 bales, upon the basis of about 14c, per Ib. for mid- dling uplands, which was a slight concession in favor of buyers, though the market was unsettled. For statements regarding the movements and stocks of cotton, we refer to our city commercial report, in another part of the paper. Flour was firm, with more doing, but without change of moment in quotations. Wheat was firmer, with sales of prime Southern red ai $1 634, and white do., at $1.80 2 $183. Corn was higher, with sates of Westera mixed and Southern yeliow at 82c. a SSec.; Jersey white at Sl¢., and Souther do. at 83c. a 88c. Pork was ta lair de mand, with sales of mess at $23 25 a $23 50. Sagars were active and firm, with sales of 2,000 a 2,500 hhds., part to go out of market, at rates given elsewhere, Coffee was firm, with sales of about 1,000 bags, chiefly Rio, on private terms. Freighis continued heavy and engagements mo- derate. Shippers are waiting the Indian’s mail, and the Europa’s news, due at Halifax. The Rejection of the Dalias-Clarendon Treaty —Our New Relations with Engiand. The rejection of the amended Dallas-Claren- don treaty by Lord Palmerston, continues, ac- cording to our telegraphic advices, the raling topic in diplomatic and political circles at Wash- ington. Lord Napier, it seems, was no leas sur- priced at this sudden change in the wind across the water than was the President and hie Cabi- net. We are further advised that Mr. Buchanan is by no means satisfied with the reasons, expia- nations and conjectures he has been favored with concerning the rejection by Lord Palmerstoa of this amended treaty. We dare say, however, that before anotber month shall have elapsed, our Cabinet will not only be favored with the lifting of the curtain, anda front view of the principal actors on the stage, but with some valu- | able glimpses of the machinery and operators | behind the scenes. We apprehend that enough has already been done to kill off effectually this Dallas-Clarendon treaty, in any shape in which it many now be worked up by either side. It will also, we fear, prove to be a waste of labor, time and diplomacy to attempt any new negotiations upon the basis of a joint protectorate over the Nica- | ragua route, and the States near or through | which it passes. Within a few months the | British Cabinet seem to have repented of their last summer's magnanimity in regard to Honduras and the Bay Islands; and we think it will very shortly appear that Palmerston'spre- | sent resolution is to hold fast io that group of islands and the main land adjacent thereto, with # view to the absolute possession and control of a transit passage between the two oceans in that neighborhood. Doubtless, too, Lord Palmerston hae adopted this course as providing a check for the future againet any over-ambitious American filibustering in Central America and the West | India islands. If these views of the general question be cor- rect, our new relations with England will de- | mand a new line of policy at Warhington. If England retuses to surrender her quasi colonies | and sinister colonization schemes in Central | America, it will devolve upon our Cabinet to cut looge from all entangling alliances with her, in- | cluding the abrogation of the Clayton-Bulwer, the Dalias-Clarendon, and all other joint stock treaty stipulations or projects upon Central American affairs. The anticipated opening of all the bays, ports, inlets and rivers of China to the com- | merce of the world, bas, it may be readily ima gined, suggested to the sagacious mind of Pal- merston the immeasurable importance that American isthmus, from the increased prospective commerce between the Pacific and | the Atlantic oceans. Hence, in the great move- ment of England and France for the commercial liberation of the mighty Chinese empire, we may detect the true causes for this otherwise perplex- ing rejection by Palmerston of the amended Dal- Jas-Clarendon treaty. It is but the reaction of England's policy in the Bast upon her policy and interests in the West. . The confidence, however, with which Lord Palmerston contemplates the elections to the new Houee of Commons may be carried too far. This new House will prove to be, no doubt, a more strongly commercial body than the last, and more alive to the commercial necessities of “a happy accord” between England and the United States upon all international questions. Let our Cabi- net take a bold, independent and decisive stand will very s00n be brought to comprehend that the late Englieh elections turned upon the question of a wholesome chastisement of the Chinese, and not upon his unsettled personal accounts with the Cabinet at Washington. Tux Powtcs Commissioners ar Worx.—We aa correspondent, writing on April 23, Mr. Bayley, the new Governor, had ar- jana from St. Thomas, and was sworn on the 18th ultimo. The session of the Legisiative Assembly was prorogued until May 28. Kx Governor Bannerman was to leave for Charies- ton, S.C, om route to Newfoundland. The British brig Mariner had arrived at Nassan from Greytown. aE publieh today the decision of Judge Peabody, finally dissolving the injunction against the new Police Commissioners, who have now proceeded to make their firet appointment—James R. Whit- ing es Superintendent of Police, This step on the part of the Board, while the matter is still undecided by the courte, will still further compli- cate matters, and lead to a clash which may A report wae circulated w the effect that the Eng. ' evcntuate very seriously. will follow to all the transit routes of | | the upon Central American affairs, and Palmerston ; Tus Bowp Stuxer Muxper.—The Bond street murder case—which cared such an extraordi- nary amount of excitement in the public mind not only ia this metropolis and throughout the whole United States, bat even in Europe, a few months ego—bas been now, for the last two days, the subject of judicial inquiry before the Court of Oyer and Terminer in this city. Mre Emma Augusta Conningham—the confeased mistress and the soi-disant wife of the murdered man, Dr. Harvey Burdell—is on triat on an in- diotment charging her with wilful murder. Eckel, her alleged accomplice .and paramour, is not on trial, he being indicted separately ; but be site in court with his counsel, watching the proceedings with intense interest, It is inti- mated that an effort will be made on the part of the defence to have him examined as a witness. ‘The first day was consumed in the empannelling of the jary—yesterday, in the examination of the servants of the house, doctors and other wit- neces. The greet mass of the testimony was but amere repotition of that which was published heretofore in a variety of ways. We have di- rected our reporters to omit this repetition of evidence in regard to circumstances with which the public appetite has been already satiated, and to give merely new or important matter. By thie plan our readers will not have to go over the macs of testimony, with the main facts of which they are familiar, bat will get in our reports of the trial all that has been or may be developed new and interesting. The case for the prosecu- tion will probably close to-day. The aspect of the case has, so far, undergone no change. Costa Rica anp THE Hovse or Vanversi.r. —The new Nicaragua Transit Company bas elected ita officers, but the programme for future operations will not be combined until Walker is finally killed off. The new company is a com- plete consolidation of the house of Vanderbilt. Mr. James M. Cross, a son-in-law of the Commo- dore, is President of it, and Mr. Daniel B. Allen, another son-in-law of the Commodore, is senior director. The other directors are marvellous proper men, and we have no doubt will be abundantly able to discuss all the questions that come before them. We suggest for their conside- ration the platform laid down in Alderman Godard’s back parlor, when the East India Com- pany was founded, in the time of good Queen Bess, Those were filibustering times too, and Alderman Godard and his friends determined to trade “into the East Indies on a purely mercan- |. tile bottom.”” That has been ever since the plat- form of the British East India Company. Ovr Drrtomats i Evrore.—We are sorry to learn that, excepting Mr. Vroom, at Berlin, the whole batch of poor Pierce's European diplomats are waiting to be invited, not to return home, bat to stay where they are. In the case of Mr. Mason, at Paris, it appears that the Emperor is deeply concerned, and would not like to part with the jolly Virginian. We fear, however, that the Emperor will have to give way to the “outside preseure” upon our Cabinet, and to the doctrine of rotation. Besides, we would ask Mr. Mason himeelf, is there any comparison be- tween the poor little oysters of Paris and the magnificent oysters of old Virginia? Let this reflection comfort Mr. Mason, should he be re- called a little sooner than expected; and to Mr. O’Sallivan, Mr. Belmont, Mr. Dodge, Mr. Sey- mour, Mr. Owen, Mr. Spence, and that fast young man, Mr. Cass, we would aay, be prepared for the worst, for the outside pressure is heavy, and the doctrine of rotation is the law. Kansas Arrams.— We lay before our readers this morning a letter from our special Kansas correspondent, giving his version of the late speech and reception of the new acting Governor | Stanton to the people of Lawrence. In no very | material particular does this report differ from those heretofore received, excepting that it pre- | sents in a somewhat more favorable coloring the good intentions of Mr. Stanton. We should think, however, that Mr. Stanton must have been hard put to it by the free State rebels of Law- rence, in feeling it his duty to read to them an extract from the fustian and flummery of Long- fellow’s “Hiawatha.” Why not try Shakspere, Hubidras, General Jackson, or some other one of the old masters, or a plain interpretation of the predict that the finale of this approaching Kansas June election will be a fizzle or a disastrous ex- plorion, Is Mr. Walker getting ready? City Intelligence, Tue Liqvon DeALais AND Ti New Exomx Law.—Tho liquor dealers are in a quandary, they do not know in what manner to oppose the new ticeace law, which will shortly go into eflect. They have consulted eminent cownsel and had al! sorts of opinions furni hed them, but as yet no sure means have been discovered to upset this obponions act. Last night a meeting of the Liquor Deniers’ Society was beld in Military Hall, Bowery, w the Exeoutive mittee made their jong promised re | poet, which to the metnbers waa not generally eatiafuctory. committee could only Counsel a systematic violation of & law which they deemed oppressive aud unjust, and the first person prosecuted under the uew law was to be de- fended by the society. The law be tosted in every possible manner. A number of uew members were ea- ToUed, when the society adjourned Yacrt Rack —The race between the boats Kirby and Wobster, belonging to the Harlem Model Yacht Club, for dollars, came off on Monday in the vioivity of antagonist fiye bundred Throgg’s Neck, Fast river. about etght minctes, ane The Lemon Sinve Case. SUPREME COURT—ORNERAL TERM. Before Hon. Judges Mitchell, Roosevelt and Peabody. MAY 5. —The Penple of the State of Virginia, at he Raa tion of Jomathan, Lemon, ts. the Siaie of New York. This case, it will be remembered, has been pending for some years. Mr. and Mre. lemon, on passing through New York, from Virginia to Texas, with cight slaves, wore suddenly surprised witha writ which brought them before the Saperior Court. Judge Paine, then prosid! ve a decision that, according to the law of the St : Oriaves brovght bere by their owners voluntarily were even in- transita free. A subscription wae subsequently raised for the Lemona, and the Judge headed it with $100. A mo pombe Fo dA TR the argu. tment a6 to the right of Ute tate to mane: hen in (eanaita throngh a free Sate, uncle slaves w! Judge Mitchel! remarked that the Court would [ike to have it stated whother thie suit i « fictitious one, OF @ Cae Wke that a really ltlgated. , Counsel tald that the idea”of this not being # Iitl- fated case wae something new to bim. He had nodoubt there waa real suitor and ® real controversy; he would, bowewer, male ing: iriae The Cow t intitnated that the time to which the case shoudl be postpoucd woul! be amaouwecd 1a the mormag, The Kirby beat her | { President's instructions and expectations? We | Jorioling ber statement implicats THE LATEST NEWS. From Wi THE DALLAS-CLARENDON TREATY—VIRWS OF THE ADMINIBTRATION—OUR MINISTERS ABROAD—WAIT- ING T@ BE RECALLED, ETC., BTC. Wasmuworon, May 6, 1857. ‘The rejection of the Dallas Clarendon treaty by England continues the absorbing topic in our Cabinet and diplomatic circles. Lord Napier is taken aback, He was to have had a conversation with the President on the subject yes- terday, but his lordship at the appointed time was too un well to undertake the visit to the White House. The Pre- sident freely avows bis surprise at the rejection of the treaty, and the causes assigned for it he regards as not at all satisfactory. The. opinion prevailing among the mombers of the diplomatic corps, especially of the British legation, is that these Dallas-Clarendon negotiations will have to be entirely abandon- ed, and a new treaty, out and out, negotiated. I apprehend that it is just as probable that this boid move of Palmerston will reault in the abrogation of all our joint- stock Central American diplomacy, and a new departare upon our own account, and without any emtangling alliances whatever with John Bull. Our Ministers abroad, excepting Mr. Vroom at Berlin, bave signified their readiness to serve under Mr. Buchanan, by a very discreet silence touching the time when they ex- pect to return home. Mr. Mason, at. Paris, indeed, has in- timated that the Emperor desires him to stay; but the opt- nion is strong in the Cabinet that a sea voyage baok to Old Virginia will do him good, and make room for somebody else. And so with the rest. Wait and see, ‘THE GENERAL NEWSPAPER DESPATCH. THE DALLAS-CLARENDON TREATY. "3 Wastincton, May 5, 1857. It is eaid in responsible quarters that the administra- tiov, altbough not approving of the supplemental Central American treaty a8 amended, and doubtful of the power or propriety of witholding it, thought it but courteous to the Senate to transmit it to the British government. So far as has been aecertained uot one of the members of the Cabi- net regrets ita reception by England. It is believed that the Dallas-Clarendon treaty is beyond resuscitation, the time for the exchange of ratifications baving expired. The administration maintains that the British government has failed to execute the Clayton- Bulwer treaty, and will iagist upon its being carried out in ne ol A that the Cabinet were engaged to-day on tuo affire ov Utah, sais eres arena Seem to the pul ic service, as well as delays and expense, the Secre' of the Navy hag authorized notice to be given that in all instances where it may be done with due regard to justice, the Judge Advocate and the applicant before the Court shall enter into a stipulation to receive the deposi- tions of witnesses on either side, the same being taken by ‘authority competent to administer oaths upon the interroga- tories and cross-interrogatories to be exhibited to wit- eRe. ‘The entire amount of public lands sold and located ia Wisconsin is about ten of acres. From Albany. INTEREST ON RAILROAD BONDS—THE FRESHET— ACCI- DENT ON THE CENTRAL RAILROAD—BREAKS IN THE ERIE CANAL, BTC. ETC. Auaany, May 5, 1857. ‘The interest on the Albany and Northern Railroad bonds will be paid at Messrs. Duncan, Sherman & Co.'s to.day, @ special messenger having been despatched to New York with the amount due—nine thousand dollars. tis rumored that Francia 8. Ruggles, ex-Auditor, is to receive the appointment of Deputy Surveyor General under Silas Seymour, as authorized by the act of the last Legia- lature. ‘The freshet still continues. Quay street and the water on State wtreet is nearly up to Dean, Weather cloudy and rainy. Last night the culvert on the Central road, west of Brock- port was earried away, the water undermining it. The ex- Press train going which yesterday, ran over it the baggage car was upset and two passenger cars thrown into the culvert. ‘The engine and tender Some of the ting in the water. sewer is built under the canal, which broke ty casioning nine miles of the level to be drawn off for re- pairs. ‘The other break is at the Rock Reef feeder, also on the Eastern Division. The new Board of Common Council organized to-day, and adopted a resolution to contest the legality of the imue of Northern Railroad bonds to the utmost extremity. They alko adopted a resolution recognizing Dr. Quackenbush as Mayor, in order to act upon bis nominations, instead of those of Mayor Perry. Tho Supreme Court deny new trials to Francis McCann, convicted of the murder of his wife, and John ly convicted of shooting a farmer named Slumpf. They will be semteuced on the fourth Monday of May. Kansas News—Trial of Gov. Robigson. Quixpako, Kansas, May 2, 1867. Gov. Robinson proceeded to Lecompton to-day, to await his trial under the indictment against him for treason. His bail, $10,000, expired on the first Mouday in April, at which time the court was not in session. Extensive Failures in Boston, Bostos, May 6, 1857. There were several failures of dry goods merchants esterday t ‘The failure of one of the houses is said to have been oo- casioned by the defaleations of a confidential clerk. The amount already ascertained to be is $50,000. The whole amount of the liabilities of the firmg failed will exceed a million of dollars. ‘The Double Murder at Keesport, Pa. Premsauna, May 4, 1857. Charlotte Jones has made an affidavit before the Mayor her brother, William Jones, and a man named James Williams, in the murder of George Wilson and bis sietor, Mrs. Bewey McMasters, at Keesport. ¥he charges the crime on her alleged husband, Henry Fife and Mouroe Stewart, alse giving particulars copeerning Gardner, who was im] io uence of bis intimacy with them, and who suddenty left on the Monda; moraing after the murder. Charlotte's statement before Justice Clemens implicating ber brother and James Williams in the late murder of Samuel A. White, in Wash- ington, is generally believed. Her statement tallies with Mra. White’s in some respects. The Object of her brother, William Jones, in killing Mr. was to ob- tain money to clear him from the charge of poisoning « young man some time ago. Great Freshet tn the Delaware and Lehigh Rivers. Eastow, Pa, 6, 1967. The Delaware and Lehigh rivers are very at this ¢. The Delaware rose twenty foer feet yesterday, but Pace eas bgch damage bee teen dome along’ the | river and many rafts swept away. The Delaware division of the Peunsy| vania Canal is seriously damaged, and it will take fromfour to six weeks to repair it Fire at N.Y. af broke ont in this place, about 10 0% at even. , destroying the dwe! very stable of Char Beers; ‘alse, tie stables of the Abibags House, containing nine horses and some seven of eight smail and compara —— Valucless buildings. Loss sbout $6,000. Insurance ® A fire The Indian Troubles at Fort Cwroaao, May 6, 1857. There is no foundation for the reports contained in the Missouri: Democrat of Indian troubles at Fort Dodge, Iowa. The achooner Alice Rogers, John, N. B., for Derrean, on the St. Point Navigation of the Welland Canal, Ourvmanp, May 5, 1867. Port Calhoune i clear of ice. The navigation of the Welland canal “all right’ and free.”” Navigation at the West. Cmcago, ‘Ah Lake Pepin is open. The first boat from St, Paul arrived at Dunleith yesterday. Garroting tn Boston. ‘Bowron, May 6, 1957, Cyrus Smith, Treasurer of the Piedmont Railroad, was garroted in Brookline street last night, by three men, and robbed of 61,100. a : Markets. PHILADELPHIA STOCK BOARD. Prriapeumma, May 5, 1857 don, Twania fives, 86. Morris 18%; Long Railroad, 18%; Reading Railroad, 40%; Peon aylvania Railroad, 40% Court Calendar—This Day. Oowet.—Nos. 173, 573, 144, 694, 660, 19, 411, 41% , 4R2, GIR, 966, BO4, 640, 240, 265, 41, oT, OBt, 6, 686,637, 640, 641, 647, 044,'615, 646, 847, 052, 669, 456, 656, 657, 659, 640, 172, ( Prsas—Part 1.—Non 674, 675, 678 to O01, 6A8. Part 2.—Nos. G16, 64° to 066, 062, S's, 090, Ov, Wee, 112 ti POLICE COMMISSIONERS’. CONTROVERSY. rae The Second Injunction Dissotved. ‘The Case is Now Pending Before the General Term. MEETING OF THE NEW POLICE COMMNSSIONERS. Appointment of Judge Whiti as - intendent ot Pelion’ 7 SUPREME COURT—SPECIAL TERM. Before Hon. Judge Peabody. Mar 6.—The People cx rel. Fernando Wood w. Simeon Draper and others.—The complaint of the plaintiffy in this case, by the Attorney General, states that at tho time of the passage of a pretended act of the Legislature of this State, entitled “An act to establish a Metropolitan Police District, and to provide for the government thereof,” on the 16th of April, 1857, the office of Police Commissioner was a public civil office in the city of New York, and that the office of head of eaid Police Department was and is a pablic civil office belonging to the office of Mayor of said city, &e.—and that after that time, on the 22d of April, Lag ayo a aut aforesaid, and that said relator be dec! entitled to hold and exercise all the power and missioner and member of said mis- sioners, &c., &c., as be of right ought to do under the laws of the State existing and in force at the time mentioned. There is also before the court an affidavit of the relator to the effect that he is actually Ma) city, and that by virtue of various acts he is ead and chief executive of the Police Department, such has custody and control of a large amount and number of station houses, telegraph apparatus, books and other property, real and personal, used for the Police Depart ment; and also has the charge and direction of the whole police force and corps ef about twelve hundred men. oat defendants have organized as a Metropol. from proceeding under said act, and from assert- lice force, or the property of the ensue to , appointed said act; and that they have taken the oaths of office, and have the proper certificates of office, and that they have and organized as a board; ‘and that’ great irremediable injury will be done by the continuance of the injunction; for that the com- plaint admits that the defendants are in office, and by the terms of the laws set forth in said complaint, moment i A i isl Ls ak i i FE i E ge Fes & HH 3 fl fe nt i motion. The ground on which this motion is put is one which relates to practice, having no bearing on the gene oa which the final resuit of the suit depends, may be decided without reference to anything by which that will be effected. Is the relief by injunction allowed in an action of quo warranto by our practice in any case? That there is no precedent for it in an action of this kind is admitted on all hands. But plainufly way that the absence of a precedent furnishes litte grounds for an ar- iment against their position; that it is casily for in & manner not inconsistent with their claim that it ia now a legitimate remedy. And it is true, as argued by them, that prior to uie time of our constitution of 1846, the oply court’ in which an action of this kind could be brought ‘were courts baving only common law powers, and beace bo court having cognizance of such @ suit could | administer the exclurrvely equitable relief of injunction. And it is also true that unt) the time of our Code of Pro- cedure (1848) suits of this kind were classed amoug, aud denominated criminal rather than civil remedies, and courts of equity bad a general rule of refraiuing from in- | terference in criminal matters. Whereas, this court, aa bow constituted, bas full nd common law powers, and having possession of this suit for general purposes, can aid the i by injunction, if they are entitled to wince the Code wont into effect (1848) suits of this kind have been, and by law now are, classed among civil remedies, 60 that the role that ‘equity will not interfere in criminal matters is no longer an obstacle to equitable relief in an action of this kind. If, therefore, the mere absence of machi could heretofore be properly brought, and the fact that remedies 0° this kind were catled ortminal, are the reasons why relief by injunction hae never hitherto beeu known, these reasona being done away, there would seem to be no ee ete, See to Gan ie of relief. Actions of this , however, criminal in thei ¥ thes, Formeriy, Unen they are now, sheng BEE on to the case a, it bad beee thea Jeeirable, t could have been bea by applieation 0 6 i proper Jam not sa‘istied that convenience and habit of the courts sng are the real causes that this description of relief bal f i E Ed i i el cy 3. = z £26 a5 zea a rH Hi Es : uncertaia whether the persou ia and the duties of it was there rightfully, even the party aswuming to act should be in controversy. To reetrain the action of the incumbent is functions of the offices, for he being in— rengtuly—crest act, or no onesean, And it is difficult to wee that in very many and in most blic interest would require that the duties of not be suxpended, and its functions cease, of personal To rival claimants This, them, 1 take to be the reason ii 55 he fi ai: i G yy z hi i z z age F 3 j f & i a poeseees inery to crantio. | junctions in the courts in which alone suits of this teture | And equitable relief | { ——- Ee f i eeigi ted ae F 2F lit 3? i Ere -t HELE i : 7 i= . F 3 A i ul i i : f it aut A i li tr Tit &< ef i 5 i! if i 4 M4 ' 7 fh | F E | i iu Me il H : ij ‘Mr. O'Conor, on behalf of the old Police Commissioners, opened the case by giving a sketch of the proceedings that bave taken place in regard to the Metropoittaa Potios bill ince the passage of that act. The case was brought appeal frem the decision of the special Supreme Court. He considered the only question before the Court was thé 7 i #: is A i i it fit Tee it j iit it i | I af § i i i Ee 528: tl HT ed if f 2 E cy 5 } i in i i rf j eta Lf ili i i au i & i i i # i : 4 tt f i s £ i Hi. The newly formed circies, mrnia or Cantona being unknown to the constitution, irivenale of | jnati jetens, cece officers nae therein, and the Mutlopary Legiaiat PT LY 1 Cader thie view whole of the Blade (except the J of the Court of i if Ey = 3 : s; », joral offers of countiea, jowne and might be set offim parcels, each parce! Karting aa bs re of Polien i 8 dlatrtet of four couatien. 2 Lampe and gas in a distriet of two counties. A. Pauling and ‘Ae. in & diatetot of « ia hall nd fn to tas od ‘The local ment mi or by any wer. | Oe nore ie not « the constitution bidon shall thon are. Fourth versed, and J Mr. O’Conor's comatitutionality he, & one, having Proosects: petnet ml oo something new in piace wea to the of that which he removes and al for the of such substitution, thet the |, femoral of abolition, mast bo taken as a re. thie , atl not Ae intended the author the instrument, the pur. for which be introduced it can take ef. js or tot The # a very conservatives rate against which | take i that no man can contend. We aay, therefore, that if this bill is void, ita introd and Clanges will be regarded aa tnconstitauonal, wet, because bad not power to |, but’ be enuse the I. did not intend to ‘except upon the condition that the new authority waa to be introdneed. [ cag this for the gake of brushing out of the way a miner