The New York Herald Newspaper, June 25, 1857, Page 8

THE STREET COMMISSIONER CASE. he Application for a Mandamus agalnst Btrect Commissioner Deviln. SUPREME COURT—SPECIAL TERM, Before Hoa. Judge Peabody. Yous 4. —In the matter of the application of Daniel D. ‘Oonover to compa Charles Devlin to deliver to him the books ond papers of the Street Commissioner's ofice —The Court opened at ® quarter to one o'clock, when Mr. Busteed in- formed ihe Court that be had an affidavit to real. Mr. }yeld wanted to know what was the subject of the affidavit. Mr. Brady—Let it be readin the same manner as we slowed in your case yesterday, then you will know what A ie aboot. Mr. Busteed—We adjon?ped yesterday afternoon so that we could have an opportunity to make an amendment to owr origina) afdayit, in order to answer he new matier imtroduced in the supplementary aitidavi Petition, which was introduced yesterday. W we bave prepared and propose to read v oie parties agreeing, Mr. Basteed proceeded to read the Hiti—me ‘xy and County of New York, ss.—Charles Devlin being uly eworn, says that he is the defendant in this proceed. ig, that be was duly appointed Street Commissioner on Tuesday, the 16th of tone instant, by the Mayor, with the adyje and consent of the Board of Aldermen, and that be (ook the oath of office and fled his official bond in ve form of law, with sureties a] ewe of by the Mayor, apd entered upon the duties of bis office upon that day; ‘that his immediate predecessor was Charies Turner, who entered upon the duties of the oflice of Street Commissioner on tbe %h day of June instant, unter and dy virtue of the ordinances of the Common Council, he having been for a jog time theretofore the Deputy Street Commissioner; that on the %b day of June Joseph S Taylor, who was predecessor of ane: died, and as such Depoty, Turner, om the Sth day of Jane, under and by virtue of the ordinances aforesaid, entered upon whe duties of he office and continued to hold the office, and to discharge ail the dotics thereof until the appointment = seponent, when Turner surrendered the office to deponen: ‘that ever since this depouent entered upon the duties tion of the raid office be bas held undisturbed and ble pos- seston of the same; has transacted all its business and bas ‘Been recognized as the Street Commissioner by every de- — of the city government and by al! persons having jipess with the office; that while deponept has been in office he has at no time, mor upon any occasion whatever, employed any force to ‘exclude the said Conover from the office or threatened to do so; ‘hat upon two occasions Cone. ‘ver called at the Street Commissioner's office and demaad- ©4 possession of the same from deponent, which this depo- went declined to give him; that the first time Conover called was on Wednesday, june 17 , When afver deponent’s vefacal, as aforesaid, Conover left, saying be woult pro- eore apother office; and deponent denies that be waid be had force enongh to keep deponent out end intended to do 80; and deponent further de- ies that he bad nite m any policemen or otber persons to assist him in keeping Conover away, er that be did keep Conover away, except by refusing to peregrine) posgession of the office; that on the fol- a day, the 18th of June instant, Conover came again deponent’s office and demanded possession of the books poy rr Papers of the office; at told him there was no use of these repeated appl ications, fer he woald always get tbe same answer. Conover then said, “1 only want to mmke a formal demand and have you refuse me, #0 that | ap go to the courts for my remedy ;’ thereupon deponent did again refuse Conover’s demand, who immediately left of bis own accord, and deponent has not seen Conover wince at the office; ‘and, as deponent has been informed by his clerks and verily believes, Conover has not wince been inere. Deponent has been informed by his Deputy Street Comuslesioner, Charles Turner, and believes at while he (Turner) was Acting “treet Commisioner on the morning Tuesday, the 16th inetant, Conover came to the Street Commissioner's office, and was ejected therefrom by the Sherifi’s posse, ‘who were there present and in possession of the books and papers and furniture of the office, by direction of the <9 riff, who had jevied upon them under three several ments recovered in the Court of Common Pleas, an: roa eutions thereon, to wil —George Allen against the Mayor, Aljermen, &c. Execution for #44127, issued June 18, 3856; levy mede the same day upon the ‘books, papers, &c. 4n the Comptrolier’s and Street Commissioner’s oftice Peter Connolly against same defendants; execution for $634 1, irnued July 30, 1856; levied same day upon same property: The People, &e. ‘against Thomas McGinn, &c. ; execution is- sved June 15, 1857, for $41 81; levied game day uj some property. at this is the same ejection complained of ‘and set forth in the plaintiff's affidavit of the 23d inst. De- ponent believes that at no time while Turver was acting treet Commissioner did he use, direct or employ any force pay $ grhemclmpeh ang eine hs at Bor did Fg ner) ip any way eject Conover therefrom topo that e force, and ihe only force empleyed upon ca to eject Conover from the rooms cocupied oy ta the pon png ord Oy used and ie Sheritt’ is posse, wi possession of the Papers ‘and furniture of the office, under and by virtue of the Jevy; the said judgments stil! remain unsatisfied; that the levy made upon the books, rs aud furniture of the of- fice still continves, and thal 6 same are in (be lawful cus- tody of the Sheritt, and have &0 continued, the Sherif per- ‘mittiog 1, a8 Sreet Commissioner, to use the eame tu the a) ge Of the duties of the office. CHARLAS Sworn to before me, this 24th day of June, 1 Saxprorp, Commissioner of Deeds, Mr. Feld—it ie proper if that affidavit is received to go inte en inquiry into the circumstances. | shall ask that the affidavit be rejecied, or that we now go into an in- qairy if it i received, because we have no choice which course sail be taken. | move, therefore, that the affidavit de rejected, Mr. Brady—We insist that it is not a legitimate inquiry ‘ks to who first had possession of this office or who bas pos- session of it. Whep a man swears that he has possession Of the frapebiee, or that be har possession of the place or the oftice where the duties of the office are performed, we — tbat — ine books ond papers. to Titnpee a band bad porsession of the I it rs the defendant bad possession and i uines to Dold thas by appoiptinent to office legally, then those 8m be dismissed, because the constitution will not permit iis Court to try a.case of that kind, under such preceedings as there, If a mane chim to an office is disputed, be has just as much right t9 a trial by Jory as wm the case of other disputed property. When You permit the oppos.og party lo swear that be bad pos Seenion, we have the right io answer jt, and there | sup approved the bord and ture. of said Conover, nor bas any such bond been presente: to the Ma} ur. Fiald—1 onjechto the iwirodaction Of affdavite start. ue, i contended that ‘Lis wae not raising oe Dut was suggested by tne published poise of Mr. Mr. ‘eld. Mr. Fieid aga.net amend. —_ and jovernor had the vee right appoint Conover, the Mayor must approve the bond or be will be ebliged toy Dy mancamus, and will be liable for indictment for misdemeanor. It would be unjast to exclude Mr. Conover from his office simply because the ‘or of the city had refused to do bis duty. ir, Basveed said, whether Masor Wood was guilty of crime or not was not the question a; issue or to be dis, cussed. The Court—Is this affidavi more than aa addi- tiopal reply to Conoy Mr. Busteed—No, sir, more than what was de- nothing siguedly left out with ube belief that the poi im good fat Mr. Field-You will allow us also to make another affidavit. The Court—If there is anything buta traverse to afiidavit | do pot know but that yoa would have the Mr. Ficld—We have received a message that the Mayor and Mr. Bennett wil) be here ina very few moments. During the Sew moments, Mr, Brady and Mr. Field were busied ip arguing as to he Judgs right to subpeena wit- messes and compel them to attend. Ina short time the er arrived with the following note, directed to Messrs. Field and Slayter:— TRE MAYOR DRCLINES TO COMB WITHOUT A scx ONS Mayor's Ormice, June 24, 1857, Greviemey—Your note requesting me to attend forth- with at the Sapreme Court building, to make a deposition, finds me much engaged in oitisial business. I shall there- fore decline to v eer any deposition, but will cheer. fully answer apy process of the court. FERNAND) WOOD. ‘THR LAWYERS RAVE A SQUANELE. This, Mr. Field said, he supposed was the result of an interview which he had just observed between the counsel for Mayor Wood anil the defence. Mr. Brady—If the an had kept his ears half as open as they were to to our private conversation he would have understood the matter Mr. Field—Does the gentleman mean to insinuate that I listened to private conversation. Mr. Brady—You have made statements to the Court based on our private consultations. Mr. Field—I stated that they were so loud that they were — all over the room, and I suppose the Court heard em. Counsel for Mayor Wood was in Court and stated that his honor had determined at first to come, but upon consult. ing him be aivised him, as the letier merely requested him te volunteer testimony, not to do it; but if the Court issued a to obey it, as was bis custom. Mr. Fieid—I suppose you will go to work and barricade the City Hall and resiat the process. Counsel for Mayor W: ‘oodNo, sir; but we will resist the service by bogus policemen, Mr. Field—That is a very proper remark to make before a Judge who has decided that the Police bil! is constita- tional. It is a curiovs specimen of the courtesy of an ex. Judge to a Judge on the bench. Mr. Brady—Come, now, you can’t get up a scene here. \e Court—Order, gentlemen. Mr. Field—] shall ask your bouor to sign this order for Mayor Wood to appear. ‘The Judge signed the order, which was as follows: — ore FOI THE MAYOR. To Fervanpo Woop, Psq :—You are hereby summoned toat end forthwith before me, at the Supreme Coart baild- ing in the Park, to make your dey ion in a proceeding “pow pending, wherein Daniei D. Conovi “yy aoe an = saya to compe! Charles Devlin to deliver Pe rs, Cc. A o PEAB DY. a York, Jume 24, 1857134 o’clock P. M. TER MAYOR IN COURT. ee Some moments elapsed, when at last the Mayor soeee- ed, creating some sensation in court. He first self by counsel, and afterwards took the pode clog was eworn by the Clerk, Harry Bertholf. Mr. Brady wished to know what they proposed to do with this witness. ons. Field—Now we propose to take the deposition of Mr. Mr. Brady—On what po'nt? Mr. Field—Upon the refusal of the Mayor to approve of the bonds and sureties, and secondly, as to the ejection of Mr. Conover from the office. Mr. Brady—I object to anything irrelevant. THRTIMONY OF MAYOR WOOD. . bes Mayor was examined by Mr. Field, and testified as follows :— Q. You are the Mayor of the city? A. Yes, sir. Q. Did you on Saturday dh low, receive information that Mr. D. D. Conover ited Street Commis- sioner by the Governor? A. rencary to that ef- feet; Think it was on Leepie T cannot say. At what time on that day? A, Well, sir, probably 12 ol Q. Did you in consequence go to Mr. Turver, the Deputy Street Commisrioner, and give him apy instraction’ A. No, sir Q. Did you go to the Street Commissioner's office on taat day? A. I was there on that day. . After you heard the rumor? A. No, sir. q Did you give any instructions to Mr. Turner or to sapeeny @ else in reference to the matter? Brady—I object to this as irrelevant. Mr. lield—I propose to show that be gave instructions ee er to see him or that he should approve his official bond; and instructions to Turner aod 1 he oH} Qenayer out if be came there to “ ur. Bead fact ie le tat the oath Mr. i u wes pot Samy "That sre eieaene and it ts admitted that the Mayor has pot Ben ‘any official bond given sp tieet Conover. Now learned gentleman by the Mayor that be arbitrarily refused to dminietee th the oath or approve the official bond 1t don’t aN change ten isk at all of the character or nome of oy in this issue, What does it matter he) Mayor’ ° sons for not approving these bonde? If the fuses to administer the oath or consider the bond, there is are between Conover and the Mayor, We have nothing to do with that. The Court--The officer is the servant of the people, and muet porform bie duty. Mr. Brady--The bonds must be approved, as a proce- dent to the occupancy of the office, as was the case when Mr. Henry Howard could not enter upon the daties of an o'tice, because there was pot a proper officer in the city at that Ome before whom be could have his bonds takea. | Jearn from the papers that there are a great number of Fults brought against the Mayor arising out of these diiti- culties which have recently occurred, an‘ 1 have heard suggestions of criminal proceedings. No 1 am mot the Mayor's counsel, yet my duty-- it is pore,the mater must stop. Now, Mr. Conover, in his affidav):, did not state that Mr. Deviio was in possession. | and your hovor’s duty--to see that he is not examined Devlin states that at that time your Honor’s order was | aboat matters which have no rel here. if Conover served he was only in posrestion of the booge and pa was ejected, nobody did \t but the Sheri’!, for he only had pers. Wesbow tbat the possesion is with the Sheri, | possession. fhe Mayor is not acting as the servant of the ‘who holds it by virtee of an execution and levy. Before the 16th of Jane Devo tted by the Sherif to use the books and papers. Your Hoeno* is asked to direct Devlin to deliver the books and papers to Conover, which be could no; do if your Honor should eo direct, because they are in the custody of the Sherit!. Now, if he holds them be claims to do so by the authority of the appoint ment by the Mayor and Hoar of Alderman, and I hope to demonetrate that the idea of any constitutional power ip the Governor to appoint an officer of the city govern- ment since 14/6 is utterly incapable of beiny austained by Soy reasons. Since the consiftation of 1846 it was utterly impossible for ibe Governor or the whole Legisiature of the tate Wo tace from the people of the city the right ty select city ofticers, either by election themselves or by their representatives. If you go into the question of title, Mb will be the Gret time thal a great constitutional question teas been tried in such a manner, Hat after all the wit- nemes are examined | do pot see how you can be helped. There wil! be no end of witnestes swearing. as they usually 0, in euch cases, both in fervor aod in favor. What is ueation of fact upon which we are to call witnesses’ friend claime that where two an office, the Judge can take steps to inquire as tm . Bus Conover can got another office. There is no law obliging bim to take that particaiar office. your bonor to determine whether one man ie put out of office by violevee’ There i¢ no such thing as depriving a man of hie franchee by violence. If Mr. Conover be Street Commissioner, no clabs can drive that office out of Bim. This idea, therefore, of ing ae to who first , but of the corporation, and in that regard is to ful- | his duties, being responsible to them. Mr. Field—We are to getat the facts wnether the refusal of the Mayor to see Mr. vonover ceprives him of bis right to the office, or the public of its right to his services, if the Mayor not to approve of the bonds, or this office to remain upfilies? Mr. Brady—The power to mere necessarily involves the power to reject anything. power to reject is one which may be arbitrarily exercised. A constable may re- fuse to serve a if he determines that there is ne jartomencs. tf your thence wishes $0 Aree peer olasy, you have to get a warrant from the Comptroller, counter- signed \y the Mayor and Clerk of the Board of a, If they refuse to sign, you must get a mandamusto them to sigan =| & Board of Super. iors refase to ‘8 man’s bill, though it be proven «l straight, there is remedy. That was just mj mm wheel Sed corn of twelve bapdred doliars. Supervisors refused to con- sider {t_ and the courts said | bad no remedy. The Court—There is some «iMculty about settling thie question, but I am inclined to think that {t ought to be ad- mitted. | will admit it im this stage of the case @. (repeated.) Did you give ang instructions to Mr. a ated else in reference to the matter? A. sir. @ When for the first time? A. On the day that 1 heard the rumor. Q That was on Saturday? A.J think that it was on Saturday @. To whom did you give the tnetructions? A. To Mr. got possession or turned anybody out by violence, is ut. | Turner, torly improper. 1 iherefore object to the introduction of @ What instructions did you give? A. Itold him that these proof. But if they do come in, we are prepared to | be was the Deputy Street Commigioner, and that he must meet them at once. by his position as such until the or and Board Mr. Fiehi—The only inquiry ie as to waether this ada. | Of Aldermen should appoint a successor to Mr. Taylor. Vil is to be received. Now, Devlin swore yesterday that be was in possersien of the office, books, papers ant docu ments from ‘that day to the present.”’ aud be is «wearing thie moroing that all these things are in the legal cus tody of the Sheriff. That is a litle remarkable—bat | come to the point: Shall the additional affidavit be re- ceived? Yesterday we made a petition. Your answer mated that you were ta petstation of the books, papers and documents and fi We pot in « reply in the shape of ap affidavit, contradicting your alleged pos- wession of the franchise by Deviin. There the case stands. Yor what purpose are further affidavits but to inquire {nto the circumstances’ Certainly none. | shall therefore send immediately for Fernando Wood, Sherif Willet, of) ‘cere Masterson and Bennett, and Deputy Sherif McKibben io order that their — may be taken. (Mr. Field read 2 Revised Statutes, p. 564, secs. 24 ‘an 26, .» support of the right of the Judge to end for there witnesses.) Mr. F. continued—When we get them com miss jon we Can examine and cross examine them, and ascertain the real truth, When we have done that we bave come to the facts which are necessary to the answer Mr. Brady—The statute quoted is no authority—it re- Iates to proceedings in the Supreme Court Mr. Field—X° this is not a proceeding before the “apreme om ie I ~ sayy 6 Woow what it is, F. Brady—It i « proceeding before a apecial commis sion, which happens to be one of the Judges of the Sa- preme Court The Court—I think | bave the power to try an issue and call for evidence without any statute authorizing me me to jo 80. Iftbave the right to decide any issue of fact, I @ the right to call for the evidence on the subject of the without any express statute authorizing me to do so. Mr. Virady= it ie my belie? OF opinion, ai present, that your Hower bas no power to igeue any sudpene oF pro Com to compel the attendance of aay ove before you in proceedings like this if there is any other statuie iM ob fives that power | wish my learned friend would point it out If] kuew of any ch statute I should be happy to Dring Ht to your Honor’s attention. Where a minirterini officer is empowered to inquire into the facts with a view fo make ® judgment, there is a common law right to edoot the essential means to effect that inquiry; bat my ‘Opin’ m ie that that only relates to proceedings of @ com. znon law character and thal (a proceed age of this charac ter you have no power to compel the attendance of wit nesses or punieh them for contempt. The larliament of Hingland bar inquired into facte and compelled the attend. ‘mance of witnesses because |! was omnipotent Congress ‘bas likewise passed « law compelling the attendance of witnesses a hae ive the Legisiature for the committers 61 the Common Cone!) but in the two fatter cases there ad to be laws specially enacted for the purpose Mr. Burtoed.That the bond fled for Mr. Conover was Dever Temanted to the Mayor, that the Meyor never ap: prov and that the sureties were never undertaken, uprose " + ade 4 Mr. Field —No, sir. Mr. Busted —Then | propose to amend the ailidavit of Mr. Devlin ‘This depopent is informed and believes that the Mayor of said city bee never adeninietered the Micial cal Wo tad Conover, aud tbe ead Mayor bag nop see Eee SS z ne Md you give him any instructions as to force’ A. 0, air. &. Now, sir, was this before twelve o'clock on that day? AT do not recollect. Q. After that time Mr. Conover came to your office’ A. IT bave no positive information upoo that subject. Q Have you any information at all? A. | recollect— Mr. Bosteed, (interrupting)—This will be hearsay, of course. Witness—I bad neard said that he was at my office. Q. At what time in the day? A. J do pot know, «ir. Q. When were you told that? A. Omthe day he was there, sir. Q. When he was there Q. Do you not know that? recollection Q. Was not word brougbi to you that Mr. Conover was waiting to ree you’ |. Well, sir, there was such word brougbt, but the day I could not recollect. Q. Is i not your impression that it wae that day? A. My im ‘on is that it was that day. Q Who brought that word? Mr. Brady—| object. Mr. Field—Taen | will withdraw the juestion. Q@ What was the message brought to you? A. Taat Mr. Conover was, among other gentlemen, waiting to @ Wa ‘that ali the message? A. That was Q. Did you not then understand that be was waiting to fee you avout bis appointment as Street Cor missioner? A. No, sir. a Yoo did not suppose that? A. | was not told ao. Q | did not ask you that—I asked you if you were in aeced to sappose that— Mr. Busteed—Now, one moment—I object to that part of Se question which involves a supposition. Mr. FieldI wish to know whether he supposed that Mr. Conover was there, and for what purpose. Testimony continued. A. Certainly, | supposed that it Was something in connection with that sabject. Q And supporing that, you refused to see him? A. I refased to see anybody at that time, sir. Q Were you in? A. | did not refuse to see Mr. Conover because he war on that subject, but because | was very much engaged. and saw no one but the Chief of slice and the man at the door, Q. From the time that Mr, Conover called until he went away you sew no one else? A. Yes, sir, the next moreing, sir, 1 saw every one who called; Conover heen at my ofics since; he would, have been seen on tbe Monday morning following—wat | volunteer to say. @. Te Mr. Mine your chief clerk? Yes, sir. Q. Did be say anything to yeu about Mr. Conover’s pa Ee A. No, fir; 1 did not see bim on that day at ail, a On the Monday following did you Bive aay instruc. tions as to k Mr. Conover out of Mayor W do not understand y veer, awe, @ Did you give any inetructions as to pio. Oo. nover out of the office? A. He had not been in Q COutof the office of Street Commissioner? A. He had not been there, sir. Mr. Field—You do not understand me. nae Wooo] dp onderetand your question, Mr, A. Libini it wae at that time. A. | have no very distinct NEW YORK HERALD, THURSDAY, JUNE 25, 1857 Brad: eS CURE SE farm fe eee pees a range sui Mr. Conovs did not see Mayor Wood and id Mot approve his bonds, we admit it. oe Brady Yeu with how that a mob ejected him ee . wn? Mr. Field—I wish to prove that be was turned out by a mob directed soa pimardy by oe by the Mayer —ibst the Mayor dirested the Mr. Brady—You have pot Laon that Mr. Conover was 2 the otice, and then it is of no consequence who turned im ‘the Court—If by dint of violence he wag ejected, he very properly now seeks posacasion, Mr. Brady—If he was ejected it is no Consequence who domed “e The Mayor may decline to answer, Le is noi upon tri Mr, Field—Then you object not to my barine this testi- ba but to my having it from this witness Mr. Brady—No, sir, it i ec aee oer € ected him; l object to any Inquiry este whe out: T have bo idea of going into a general t recent Sitereences; if they show that Conover was in exeion and turned out, we admit that bis right conld not be thus taken away. ‘The Court—The objection is to the order. After some farther eres | journed with the consent of morning. ation who mp anybody ofall aoe Parties, to 11 o'clock thig POINTS FOR RESPONDENT. The following are the points to be argued by the counsel fer r, Deylin:— Firet. This is a proceeding to try the title to the office of Street Commissioner, That trial cannot be had in this form. Mr. Conover must proceed either by quo warrant? er as directed in section 4u20f | Code, The summary method of giving possession of « vilice to one having a clear title to it is not applicable here, where the party Froceened spies clas eee a dg anpolt intment, and 18 admitted to be ly io rng TU ‘eople agt. Ste- hiting, 2 Barb., 5: vens, 6 Hill, 616, Matter of People agt. Corporation of ter of Welch, | Barb. 396, New York, 3 J. C., Senond. Mr. Chavir shows no title to she oilice of Street Commitsioner of the city of New York. A. The charters of Dongan and Montgomrie, with the acts subsequently passed before 1857, conferred and re- cognise the power of the ion of the city of New York to provide for the control, Bye and govern- ment of the streets by ordinanees, by suitable officers, and otherwise. tipued in force,” (Charter of 1 Bec. 54.) B. The charter of April 14, 1867, continues the corpora- tien, “ with ali the grants, mae ae pekviinges bel fore held.” (See Barter of 188 1) C. The power abore Bobovithes was exercised : 1y years ago by the appointment of a Street Commissioner for the city of New York. (See ordinances of 1849, p. 3b. dD. ban the year 1849 he was appointed in the manner prescribed by the charters, viz., by the Mayor, with the advice and conecnt of the J.egielative departments of the city government. . The only material change made by the charier of 1849 in reference to the office of Street Commissioner was {o make it an elective office. (Charter of 1549, sec- tions 12-21 F. The 20:b section of that charter expressly provides, that in cases of \acancy of any of eaid head~ of depart- ments, by removal from office or otherwise, the Mayor, by and with the advice and consent of the Board of Al’ derman, sball appoint a person to fill the same, until the vacancy ehall be filed by the electors at the next charter election. The Street Commissioner ts one of the heads of the department~ bere referred to. G. The 21st rection of the game charter provides that ‘the several executive departments, and the officers clerks thereof, shall be subject to the legislative direction and contro! of the Common Counct!, so fur as the same shall not be inconsistent with this act.” H. The corporation, under ths powers conferred upon them by cbarter, ‘passed, in 1849, an ordinance regulating the executive departments in which, amongst other things they provided for the appoirtment of a deputy Street Com- missioner, who, in the event of a vacancy in the head of the department, should perform the duties of Street Com- } missioner. The tame ordinance provided that the vacansy in the head of the department should be filed by the Mayor, with the advice and consent of the Board of Aldermen. (See charter of 1849, secs. 1%, 20 and 9; charter of 1830, sec, 21; charter of 1851, sec. ; ordinancts of 1856, secs. 227, and 234 ) 1. The charter of 1857 has not altered the organization of the Street Department, nor the mode o! selecting its o!!!- cers, nor the control or regulation of its action otherwise than as follows: — 1, It restores pol igi of appointing the Street Com missioner to the Ma J. Mayor of the power to appoint a Street Commissioner in the event of the oftice ga vacant before its term would expire by lapse of me. 1. The provision which was to continue in office the per- son who was Street Commissioner when the charter of 1867 took efttct, can cannot be taken to have assumed that no event other than lapee of time would render his office ‘vacant. 2. And although the charter does not expressly Saw ere for the filling of a vacancy occurring otherwise Japse of time, yet reasonable aod just construction mf quires it to be so interpreted. A term may expire on the happening of any other event, as well as upon the <. pgm pan And as the power to appoint a Street Com- joner under the charter of 1857 was conferred on the ineer ‘as to all cases, without any yoo ee it cannot be ee that to be taken as im Cae barter negauve ede in it hole theory, and e r wi a in its details. The 16th section declares that “the execu- tive er of the corporation shall be vested in the Mayor ‘and the executive departments,” In the 1%h section it vides, ‘or, Com — and Counssi to the Corporation) shall be appoint the Mayor, with the advice and consent of the Roard or Aldermen. Third.—This power claimed for the Governor is not con. ferred either by the constitution, the charter of 1857, or auy other law, nor could it be constitutionally given to him. ist. The act of 1549 applies only to stale officers, and such alone as are elective. It is limited in terms, to * officers of the State i 2d. The State officers are named {in the constitution on tho cana iven ip ist Revised Statutes, 96. Od. The Street missioner is a city officer. 4th. Where « vacancy is filled by the Governor under the law of 1849, the person ited is to hold his offices “until the commencement of the political year next suc- ceeding the first annual election after the ha »pening of the vacancy at which said officer coul! be by law elected.’ fhe Street Commistioner ceased to be elective by the provisions ip the charter of 1857. This provision in the statute of 184° caunct taerefore be applied to bim, without producing this strange and absurd pomeye gone viz.: Mr Conover would hold until the first January, |S, that being the commencement of the iit.cal year néxt succeeding the first annual election aiter the happening of the vacancy. at which election a treet Commissioner, if the office had continued to be elective, might have been clected. would be less than two years from the passage of the charter of 1857, which prescribes two years as the official term o! the Street Commissioner. Toere would be, of cg another vacancy in the office on the lat of Frag org apg According to the position of Mr. gare’ 's Counsel, the Mayor could not fill that The Gov would then appoint again, and the would hold the office | nor the right in event 10 appoint a Street mission a hy yy | joer, that act is clearly uncotistitutional. 1. But even if such an act were valid and could ee NS canaae aah coe yet it does no: fom vesey which occurred by Mr. iaylor’s Ist. "fee charver of 1839, passed after the act of 1849, giving the govervor bis power et vacancies, provided, ws already shown in these poi that a vacancy in thit office should be a eee ‘the Ms ayer, with the advice and consens of the Board ad. When Mr. Taylor died te was a Deputy Street Comminsioner who, under ty ordinances, bad to ae ¢ duties pA Street SPaee sor) until one was, wot ~— Gray, % Paige, 507. M. But But it be. held that the charter ot Inet sien the Mayor no power to fills RS ce J occurring otherwire than by lafee of time, in the office of Street Commissioner, still that power belongs to the Mayor, because — ts Ist, As already shown, the ordinance of 11) cay im. ‘2d. That ordinance has never been repealed. ad. us is expressly adopted and coutirmed by the 324 section of the charter of 1857, which nett tbe Common Council! shall otherwise d! rect, the existing or. dinances ebal! apply to the departments here n mentioned ‘#0 far as the same are applic je thereto, and are not in consistent with this act.” If, therefore, the charter of I8t7 is tilent and jel setual nt the vacancy by death, tbe ordinance which speaks on that subject is not inconsistent with the charter, and ‘not being inconsistent, is continued tn force by of the Legislature, precisely as if in this respect it wer ten avd embodied in that act. 4th, Toe power to appoint a Street Commissioner, ir it to writ. apective of nil legislation, resi¢ed in the Corporation, and ail legislation to the contrary being removed, that power revises. ‘tb, The constitution of this State prohibits the exercise of this power by the Governor. Fourth,—Mr, Devlin is the Street Commissioner of the be 3 of New York. je bas been aie | torr by the Pate ag (R by and with he advice and consent of idermen, and having duly taken the official soaths and given the oMfoial bond with ruretion. is in possession of the office, with per. ect legal right to hold it. ri This application, forthe above reasons, Mould be denied. CENTREVILLE COURSE TROTTING. A trotting match for $600, mile heats, in harness, came off on Tuesday afternoon over the Centreviiie Course, be: tween two four year old colts, one (the winner) a Hambie- tonian, the other @ Csasios M. Clay. The race was very close, and the performances of the young ones seemed to give *genoral watisfaction. They appeared very ey matched in regard to speed, and aon success of thi bletonian was attributed more to the skill of his driver, Hiram Sean) than to the superior speed of the colt. ‘The first heat won by Malf a length, and the second beat by a only. Tho betting was in favor of the Hambletovian previous to the start, at two to one. The fol- lowing is a summary :— Tempat, June 23.—Trotting match, $600, mile heats, in barnes, for four year olds. A. Woodru namad bay colt by Hambletonian at ie. McMann named br. fi! aon" Clay 22 Time 2 86. (Crvoret.—A matoh wae ed yt , between the second 1) of Newark and the hattan clube, at Hoboken. The Newarkere winning ‘be game with 7 wickets to go dows. discussion, the Court ai- * | to certain irene mipaions between this and The Alleged wanes Rallrosa Frauds. SUPBEME OOURT—SFECIAL TERM. Before Hon. Judge Mitchell. Jone 2—The Northern Railway Company of Prance ts, Charles Carpentier, Greet, Parot and Others.—it ap- pearing that the defenc/ant Parot is no longer in cusiody of the Sherif’ the decision of the motion becomes unneces- sary, and is suspended until be shall be in custody again. The Plaintiff and the Sheriff were called upon to show cause why the order of arrest heretoore made in this astion should not be declared to be null, by reason of the subsequent acts of the plaintif!, and why the defendant Parot should not be discharged out of costedy. The acts relied upon by the defendant’s counsel to sustain their pplication were:— ‘on or about the 29th day of September, 1856, Parot was arrested by the Sheriff of New York, and remained in bis custody until the 22d day of May, 1857; that he had never been arrreted 5 nll mg a any ‘other action; that on the 9th day of Febr: Py ', proceedings were taken against him under a law of ‘the cae States, pasted in the year 1548, entitled *‘ An act for giving efivct ign gov- ernments, for the apprehension and delivery up of certain offenders,” and that pursuant to the prectedbogs on said Act, & Warrant was issued for the arreat of Parot, directed to the United States Marshal, and that the last named pro- ceedings were on the relation and at the instance of the Northern Railway Company, and at the request of James Morrough; Parot was more than thirty times taken out of jail ana ‘ied before, Mr. Betts, the United States Com- missioner, the ofticer “conducting the proceedings without apy writ or warrant for such removal; and that the Railway Com, being desirous for the purposes of these proceediags that Parot should be taken ‘rom the cus- tody ort the Sheriff and delivered to the curtody of the United ‘States Marshal, did, on the 22d day of Boos Agen , 1857, by James Morrough, the attorney of record it js action for the Railway Company, request the ‘Sheriff to discharge from and out of his custody this depouent, ‘and deliver thig de- er cus ole custody of the United States Marshal; that, as deponent is Lecinrees the said request for the dis: charge of this deponent is in writing, and is in the custody Of the Sheriff of the city of New York; and d gaye ‘that pursuant to said request he was by said Sheriti, on or about the. 22d of May, discharged by said Sheriff “out of bis custody, and was on that day permitted, by whoever had him 4 * custody: to leave the city and ‘county of New York, under a stipulation, however. from his attorney in this action, that no advantage should be taken of such de- — leaving the said city, bing stipulation was, ‘as ceponent is informed by his said attorney, aud as he believes, given wwithoat any Lge, on the part of said Attorney of deponent, that the pl ifs’ At- torney had authorized the Sheri to echeree Gear and was given without the consent or knowledge of this deponent, Paret, a and he denies that he was or is bound by such stipulation of said attorney, and says that from the time he was first arrested by the Sheriff he was kept in — tn the jai! of Eldridge street, in this city, but that e request of the plaintiffs’ Attorney to have depo nent transferred to the custody of the Marshal, he was kept in custody in the Marzhal’s office, in College place, in said city; and deponent says that on tne 28th day of May, 1867, the’ Liners under the law of the United States were terminated by the officer before whom such proceed- ings were bad] making his repor: to the Secretary of ‘States that there was = to warrant such proceed- ings against Parot; that therefore Parot became entitled to and ought to have been immediately diacharged from the — of the Marshal, but he was de‘ained in the c: larshal until the 2d day of June, 1857, on whic! pgs he was discharged out of the custody of the Marshal, and that thereupon, and ae Parot is ifformed by his conn: sel, without apy authority whatever, except mere ver- bai order of James Morrough, the sald Sherif ro-nrreated } the deponent and conducted fim to the jail of Fldriago street, where he now remains in custody, the said Sheri Claiming to bold deponent b; ages of the order of arreat on which d ot was originally arrested in September Jast, and not by virtue apy other order or warrant whatsoever, Edward A. David makes oath and says that be has read oy Smaps of ae an Parot, sworn in this cause on the of June, 3! and that the same is true to the best pie ge of deponent. That deponent was a follow- Prisoner with the said Auguste !’arot; that the eaif Au- guste Parot was confined wih dey t, and in the sole custody of the te, States, and at No. 9 College day May, 1857, to the let day of June, ‘i867, on which last day he (Jeponent) quitted tke custody of the said Marshal, leay- ing the said Auguste Parot in the custedy of the said Marshal; and deponent says that before the said Auguste Varot was £0 ed ie! deponent in the custody of the said Marehai, at afc id, a tand the 1857, were taken ont of said jsil, without any consent or conve; to different places within the ctty of New York cmviyed tera 3 inter- jail of Eldridge Coathoes ihe Saye pus ‘and sometimes at the City Hall, in the company Mee and deponent frequently inquired of the ~ aa having the prisoner in charge—*Do. you bold this man (mea Parot) as Deputy M: ‘or Deputy Sberi(t'?’” but depe- pent alwaye failed in obtaining any delinite aaswer; aod po opt hd the first time he was able to get a1y ¢ information as to wo ig custody of the said was on the morning of Tuesday, the 24 of aid Auguste Parot was iraprisoned place ; that deponent interview with Ieaiah iyadere ‘ne wwgh ha een tat of New jeponent that he, ant no one tise, had the eustoay of the suid Auguste Parot; that fan him under authority of the United States laws, and that he, Rynders, would yield no obedience to an: writ of poeteg beg” or other process ing the raid Au uate , leeued out of any State court, “iy ‘that if he, ponent, wanted to test the ity of the imprison of said Anguste Parot, it must be by a writ of babeas corpus from the United States courts; aan his cetermination to istue such ‘Went to his office to cor Hs i g natn pone’ i prisoned at No Ag F ‘Sheri wr rreug 3 nest. Depovent—Was Pa ‘it Deporent-—Biw ‘en, be brought some papers for that, Ve you any objection to give mea sight of sonia on oD the following morning, June 3, deponeant ‘went to the sald jail and other places in search of id Gardner, but without finding him. Deponent, on in- gqting of the officer atthe jl, was told the papers he re rred to were in ® book carried on the person of said Cardner. , in his search for said Garaner, met Mr. kip. the keeper of the jail, who informed him (de- ae | that ony such papers as those he referred to would with the Sherif that it then, on said 3d of June, went to the said Sherif, and he, after some searching, tound and showed deponent the said request of Mr. Mor. rough, dated the 294 of May, and permitted deponent to take a copy thereof, but the release or indemnity referred to by the> if could not be found, and deponent has never seen it; that within an bour after the service of the order to show cause in this matter, the said Mr. Morrough served & notice that the proceedings before the Commi ajoner would be proceeded with: and deponent says that the gai Auguste l’arot and his fellow were re- moved to No. 9 College place in order to be more con- veniently carried off out of this country; and one of them —vamely, Louis Grelet—was by force, and, as nt verily believes, ill a frem N aforeraid, without being permitied te see or consult with his counsel or friends, and deponert, who acted the counsel of said Loute Grelet, does net know now where he is confined, or what has become of ia ublicly rimored he was delivered |, and is now on bis way to France, But that after the carrying off of the said Lovis Greist the june to conversation of the deponent, John Townshend, with the Sheriff, and that Lyng ye ‘as above detailed, and that this deponent was and is the Soy Sahar wa catlog o fa o o, ‘any warrant for ing ou , ai does not know what has has become of him ex JOHN TOWNSHEND, aay. : BENJAMIN GALSRAITH. Sworn before me thie eae Jane, 1867—Wa. C. Fag way. Commissioner of 1 i cause of James erro, the the 22d of May, 1857 named, was by tne dhertt of New York suffered ‘and per- Yo go out and leave the State of New York and the United Stater, any further or other consent of the Plaintiy’ attorney than that of the 22d of May, 1957, ang g ge | 44 i z : | i : F g 7 § i rae i Fr Be, E-4 <i Ey Ss z. WILLIAM MITJHELL. Naval Intelligence. The United States steamer Saranuc has been ordered to the Pacific, where she the steam frigate Merri mao, as the ah, ship of that station, and takes the place of the John Adame, Lieut. Wm. H. Wilcox, of the United States Navy, has resigned his commission. The Navy Department has determined not to send the steamer Arctic on the eurve: expedition cn the Isthmus of Darien, for which Lieut. Craven has been designated. Thie vessel bas been temporarily traneferred to the coast survey, to be employed under Lieut. poem S in ating Soap ee eoenteagy Cteeneated with Ghat branch of the ser- vice. The United States steam frigate Minnesota, Capt. Dupont, bound to Chins, we learn ‘ein drop down repre Roads to-day. She will there await the arrival of the Wm. B, Reed, United States Commissioner to China, who! is daily expected at Old Point.—Norfolk Herald, June’. PP “Scuwapps” Cask.—At 11 o’clock yester- lay morning 4 fina! hearing was had at Alderman Ogie’s in Seventh street, below Chestnut, in the case of ohn W, Harwood and Jon W «Hrle, with off for sale an article purporting to be the genuine Wolte's ‘(Aromatic Schiedam mere Mr. Dyott, a ee dealing in patent medicine, tn Second street, testified as to baving bou, some oS woof ad p nee ing last winter, the for eale to him by von We Harwood, one of the defendants. Mr. Duffy, of the firm of Sheetz & _ lass manufacturer, recognized a mould from bottles were manufactured, and stated that the mame Lgl been furnished him by Mr. Harwood. He also ae as to having made to order a large number of |ot- tles from the ,® memorandum of which was band- ed tothe Alderman, as being an exact copy of the books on which the entries were made at the time. Colonel R. M. Lee then the case on the of the defendants. He considered the whole charge to be of a light and {frivo lous natare. The article of “schnapps” received some ‘very severe applications, relative to its efficacy as repre- sented, which were not at all calculated to increase its sale or usefulness. Mr. David Webster, for the prosecu- ion, considered the matter before him as one desering the most severe punishment. He entirely repudiated the idea of its classification under the head of qu: medicines, and cited examples in which it had been of much benelit to persons requiring its use. He considered the counterfeit- ingfof the “schnapps” on a par with that of the issuing of spurious bank note; and, in conclusion, asked that the defendants migh: be held to answer the charge. The in- dividuals were finally held in $2,000 bail each, to answer the charge at the next term of the court.—Philadelphia Times, June %3. GARITIMB INTELLIGBN Port of New ork, june 24, 1857. Steamebip K. ae, Li 001— J G Dale. ‘eamsbip Kangaroo (Br), Jefrey, Liverpool—J @ Steamship Roanoke, Skineer, ‘amouth, ac—Ludiam & agants. = Rapcho Panza Bird. fan asians B Baboock & wr Sea Nymph, Winslow, Melbourne—doodeve, Ark Bhio Wide Awake, Smith, Singapore—Siken & Ironside. Ship Game Cock, Oagood, Cape Town, CGH—D@ &W B Sib A 2, Gren Liverpool—Zer ship Troy, Bak Lagi Hurlbut, Jobu'Hunyen, Nickels, Se Rephen, NB~ Walsh, Carver Bbip a Everett, Gunby, Quebec—Sam! Goodwin. Bi Berry. St jark Teresa, Berry. mas, &e—Maitland Phelps & Co. Bark Wil ima (Fr). Greset, SiJago de Caba—M Linear & Co. k Abbyla, be Walsh, warver & Chase. Rark Ji ton—Dunham & Di Brig fea Foam, Price, Rio Janeiro—sitfken & Tro M W Holt, Walsh, Osrver & Chase, ‘Acadian ( Windsor—D R DeWolte. lobart. tarkin, Pembroke—E A Bail. at Hepburn, Gatvestoa—D € Murra} K stg ‘Grifin, Philadelphia Walsd, Carver & Kendall, Ni Philadelphia— Peck & Chureh. jorton, jelph Bolivar Bech & Kunbardt, Ja—A H Solsmon, nao e Sand! F! Dorado, dioupcialonn Dready, Mott & Co, Monte Cristo, Bt |, St Augustine—Vao Brunt & viser FEE: whine Re Bar Job Maracatbo, 18 d: with ne Bom, eoemn a Fiying Fact (of Lincoinviliey Conant, fagua, June 16, with sugar, to R Embiem, i FETEPETEE a leabelie, Dart, Schr Josephine Collyer, Bray, PorUand, Ct, for Philadel- pbia. ‘Scbr Mary Anva, Meriin, ent Reet for Albany. Schr Julia Kiisaborh, , Maral ons for Newburyport. Steamer: | med Boston, Bel Belisw, Phil Fitna.” Steamer ane Pieros. Philade)pbia. Steamer JN Barris % Smith, New London, Steamer Quinebaug, Hollom, Norwich. Ship St Peter, % om New Orleans, w Capt Hazzard, of tearing Win it Weobe two brige unknown, with mdse.—By SAILED. Lp oth Canada (Br), Liverpool; Argo (Br),(@outhamp ton and no, stoamabip Roanoke, Norfolk, 0; ships Sir R Pee! (Haw), Hamburg, Troy, Antwerp " Wind during the day NW. Welegraphic a sROSTON, Sune 2¢—Arr barks Edwie, Carver, and Lehnog: ineon, ‘asonde (| + Jones, ‘die barge, Ay a Jones, Baltimore; © A White, White, Filledetpbia, ecbr Ses | i rare Surinam. Below, bask Vdmund Dwight, eam, L r'Piato, Craw men Fall: ied or ‘or Delaware. me Pit Miseellaneous and Pe ‘The Cunard miil sieamsbip Canada, Capt Shannen, railed Yesterday for Liverpool. She carried 111 passengers and 81,526,188 In specie. The Briush steamship Argo, Capt Benson, salled yemerday for London aud Bremen, with 78 cabin passengers and 7S in the steersge Ack WARRIOR will leave this port on Saturday Jeans, touching at Havana to land passongers aod mails, She has been before advertived to enil for New Orleans direct. Bane Patanty—Balttmore, June 23—The bark Paladin, hence for Moute video i ty Ayres. ro — ore pester ale, On LAPAR day at neon, ¢ ring water drawing {Se forward of cargo. ie. She isin fa ioe Toot Lag ‘afi, aod will have to discharge part came up to the city to day wertvare amieamer by Et Tt Lion. wood Walter, Ee), Secretary of Bank L ry ih rome alee , Which eld at Wilmington, ©, 16th inet. for Uardetas, revursed to teat port fit with 9 feet of wher tn ber hold. 8 Butrsrrtn, Smith, bence at New Haven, low uring che squall of the 22d inst, when off Throg’s Some F Brarsann, from Portiand for New York, had sai’s split 324 Ine. and put into Mew Haven. at New Haven, a Philadeipbia, jos ne ay wall of 224 inst. Hathaway, bence for New Redford, pat ih main oom broke torn, bons been in colli sche Conrien Hoary (of Yarmousy, ‘Baker, Boston. The latter vensel was ivul slightly move, Ac, Faring Sands Point, wit from Newark inured. Scans Asnone Steamer eale) Wobsier, st Banger on the inet, three fore and aft schooners ashore at White Head, ven At anchor near by, in & dangerous situation. ane (AJAX wen! ashore on the point at Astoria Sunday ‘The ri te that the pilot mistook the trees in ine Nharhood for the point, am OG a ide a the time bata full. twenty feet irom low mark. and will have to. y Inunohed on ways. “Revwsewe 0 Eorore—The magnificent packet ship Eme raid Tale, Capt George BR Cornish, sow lying at pier 38 Bast River, and which is advertised to sail to morrow for Liver. bo we have bo? P out aghe La apameer aanengers elongs: lenara Tapecott ‘a line, and hes very superior accommodations for passengers. Lacsenap—Vesterday morning, Mr John English safely launohed from his shipyard, foot of Tenth street, ER, a splen- did steamer, called the Montreal. She is of 1,100 for register; Jength on deck 214 feet, 83 feet beam, 12 feet bold; will have x beam engihe of 82 inches cylinder and 11 feet stroke. She is guned by the Portiand Steam Packet Co, aad will ply between land ‘ebb also launched from bis peprhk 9 toon Bot | wi wrest, ER, @ time medinm ci! beam and 16 Seet hold. She ie top frame being live oak, live frame and plank, piteh p deck with half poop cabin, and denble at In bold with (ron Dare on the ceiling, She te Cree, LN P steamship, owned by (he US P MSS Oo, will be lav eked frou tear ped ina few days. wre no 2G Ronsian an ot ne has been laid at the yare of Mew ebb. foot ot Eighth at. antottees to Mariners. Vessels of more than 18 feet draug! from sea, when up with ihe, Light Bip of the Mubineker foun thal, Lay should gt attempt fo pam beiween ibe Great Rip and ibe Fishing Bip, as there Cant Howes, of the steamer (i fork, informed int dhe econo a oven a py naa Geet ent have atte) pase between Lat two Rips 8 Thaster & 1 rf ecu pew charton’ ainrte coule thowion the poet Above shoals and several others in tbe ame viclat Bot on any older cbar', GEOBGE ELDRT tatieded xnw Lcirrnovses, i potices of the erection of the Bt aitot Of the Bardnuelin bare been Toor srived to's cones yee, ¢ dated ey 23, from E A Ofley, the United Sta) Bivens een o. pariqniore-five ve new houses five new light in thf iibomee of Magane Keieel od , eclipses of which follow e et ‘uber tory 1s teen Ga ‘a tower of the castle of Nagara (Asiatic ede) a in 32 sec north, lonctinde 24 deg 04 seridian of Paris, Height 12 metres 4 aro 44-100 Eng). Seen, within 10 0 miles. The ecl ia (he Uli at a distance of over6 miles ‘Two Green Lights at Kovnil Kulensi—Perpendiontarly pla: over eagh olber m tke WAW angie of ‘Hovall bastery (Em pean side), at ]', mie opposite, and to the north 38 at ot Nagra cual. Liat 40 dex 12 min 30a N, ton 34d Of thet tree foot eodinches Kis‘ia) Sant withieet mation Hieiget the lower ight S metre (i loet 200 100 inches Hnginb) ral “Two Green’ Lights of Namazieh—Perpendical ly over each otber ou Namazieh batiery (Ruropean Stile opposite and tore weat 8ded ‘svalo* “Fchenuh x leant” 1 “Wardanelien, fy Ania) Latitide 40 deg O° min ‘orth; long 24 dei; 13 min 16 sec east, Helht of the upoe: Hight tt metren, ‘86r 1 7-100 tu Row)” Ren wittia J mailee eight of the lower light 6 metres, (198 22100 ineh Raglisa Seen within 4 miles ‘Two Green Lights of Galats.—Perpendicalarly earb other on Gaiata Point (European side) 234 miles op posit and to the nor hot Fishermen's Point, Laitude 4.dog. 19 mt 04 see. North; lopsitude 40 deg. 1 Hei of the upper ligh. 19 metres, db toot a S00 in. Bog) Pithin ¢ miles. Height of the lower light 781-100 in_Kng) Seep within 4 miles. laced over ‘orm — This ‘near the month of a dela of v hich has run out about 400 metres beyond the pin marked ont 8, 7 ularly pl ever each other on Tehardaxh l’o'nt (Asiatic aide) at 2 mbes metres, (09 teat hat P00 in Reo within mien lower lig) metres, ¢ 4 44-100 in Bog ) jote.— The shade of the green lights is very pale. ha perenne Arr at New Bedford 284 Fetrel, Tuck Labulan Nov Qs Naeatand? wiht sp face oo pesage Pes’ 8 spoke Fes 24 iar gt 40 8 los 2B, BC Ci din, Bailey, felling: in pW, Watsoa, NB, 280 sp'and sume Dikfish; March 13, lat $1 66 8, lon 174 Fontroight sn above: i8the Praskiia® Pann mB, fc nde fea 9 . Telande—nothing since Inst report, nel bark Stafford, Francis, At 13, with 249 bbls ap an and 370do wh oil, Below, bark Jobn A Robb (of FE) Biineee, Pacific Ocean, beget de Islands Feb 15, last ee 880 bbls sp and old ack Su pode Pacific Ocean; brig Altameba ( Sipe al New Tosdon ahd skip Mon F N jew London Doe 8 wiih 300 bole ee Pac Teland Jan 8, ship Com 8p; 9th, Minerva, NB, 400 sp; ay since ‘leaving the Ielands or me Toree xings Jan 19, Two Brothers, NB—bad take: nothing in Pay od ar at 44.98 Jon 1 ‘le, NB, it Lat 8 ta ear Jeune }, 100 wh; April Teaney, NB, 90 #p, 500 wh—had taken 460 Lawrence, of ‘racces Henri- Ship all well. Ship 5 lat lendid, Amabury, from Ay Stephen NB for London, june 16, lat 42 49, lon 62 ‘Alesto. Polleya, from Charleston for Liverpool, Jane) Broughton, from Boston for Bu sres, Talon NW oF Island of (Lobos. ey x me 14, 40 mises F Ginnetho, Ginn, from Cienfuegos for Jane 17, tte Ny lenfuegos for Bosion, June 17, Ports. Prev i March 2!—Arr bi Edward Koppisch, Eagleston, Nymph are” abip Hoary Harbec! oh, Bras, wees barks, Heoa. i neapore Aveta, Fe Nelson cine ‘Auckland ere Abril Te-Are snip Glenburn, pen am, Cape iP ba wig 700. April 19—In port bark Nimrod, Whiting, from aong Kor Hone Kona, ape 19—Arr suo. fle Regnard, Drew, Shanghae; Olat, sehr Carbon, Sampson, 0Na. May 19—In Port sch ‘Al, Crawford, Bioskm from NOrieans vis Sisal and Campeachy, (o sail lor Liverpoo! =] A rik Lata) faq Be Lark, Adams, Cardift, Macao, April t abil 1, Willeta, noc. a May in in port th ips Robert ee from . repg: Vancouver, Jenkins, from _ anout June 6~In port brigs Pauline, act Add; wy une 2 @, ac for N York soon . Saaracee,, June ne 6—In port pore nen Piette, Jos Jones, ey i Luey acs Mckjanon, techy days; Tae Pint,” open from 5 Rowen, oe for N ponte Saami, June. etn cose rein, Pret York 10 di Nexl, from do via Pictou, 7 varka Rananee, 2 Toth, bark Sark “Aublon Tinoola, P Patban Fait Grinxe, June 19,014 ships Clarisne Bird. Bird, Hult; St Pe- urg, Rees. Bristol; 20, Hrlen, Goodwin, Liverpool, tot ee 1th, ship Jané Henderson, expos, 30D, Caiiope. for pauaNciiak, ApH ®—Arrship Shovting Star, Dabots, Siaze- Liv mcr port | Bist, abips Cdanning, J: i Foo-chow- tos ag tes Naat a ot RB » Risley; Sbosting Star, Dudois; ury, Fletover. ye Ae barks Bertha (Brem), Kiamp, © bey eo re pris Seen ah Cushing, for UStater: Covur ¢ iba, Lise. Taser, of emer, ag Parser, for barker 7 Pengato W Wheeler, May’ 20- fn port barks Maryland, Wing: trow Bes: dams, for Glonceser 12 days: for do unc; Benj Cush- t ships Parthenon, Caldwell, cine: Dark Indian Queen, Hardiese Babcock (from Rio Granite), py Y for ayy oh 24— F Br brise So 8, Troms, un n por "Tromhs, 2 orders; fairs, Wate Bi free Bi In port *b bark I'va Foster, hence arr for Maraeaibo same'day; schre ie Poomibe, from Barbasoes art sth, et Soo scr aaah pes iecere att ce : od K sane, See for vpebrn kW ‘W Gariger loaran Phila. ‘i in Fy, tien, do; John, Biration, LA Appl on, Taylor OW rrk. Old Sith Darke TeyaGuria Aine and fd 23 ns a betore repnred). Kia, |, moderate, berks Breeze, Homand, Celestia, Salah: beige y tenes Berk California and brig 3%. ‘2—Arr schrs feow Ctmith, Aanith, PRiladel hare Ayres: lO, AMS Panning in for Boston. HARTFORD. June 21—Arr ashe Bervard isha et ares SOL aie iaaw from Baltimore. Mian, taknh a Rarwict), Wiouyaxn Liane, June a) » Lennox from ‘rom Surinam . Bras Raniago Ra A Dadiey. lle, arse waco lowed to tea 18h, ship Northland, brig Badoras; o the bar OK, Jue 22— Arr steamship Jamestown, Parrish, W BEDFORD June is eto a Boqnet, ran: Auge, Frlndetphncs isla Rie Sue inard, Kowditer Sore Bate oe iT. yt hay: Thomas fo ea * den ec ws Rapa Shen Soa Birds Duet’ A'F'a Weston aeaen June, 23— Ai uoderiand, brig abt Yorwehonta 7.08, Repwuge, ne an 5 a Elizaboth, Smith, New York: W nero, : Fortiand for do; sloop Henry Tay. fax jer. NYork, Charlotte, Phitadelphia; sloop PORTLAND, a — milion, IChaee, nae Ancirs Metryinnn, "Bose, ti bark Jobn Aviles, Hart, Ly 7B, Fane nO Phila PORTEMO Paragon, delwbin. Cid vei June B—Are reamanig, wenger, ork: barks Jas ee, Winalow, carder: PROV. Dex gent, Lh echrn ir OC Saddler Ripple Philadelphia: Traneport, Rice. hy we 4 iason, 08 Eg, oo M, Mor Poole and Victory Ho; Frances Ane. JARae, a Bi LJ Mr, Btront, 4 do for Pawincket, Bid P Saou rhage ye sehr Cente aney. ince, Fowte or thyomn Folly ianding), Priladerph in. Orarger, a98 oer. ope, ore ty ag; mary Mehweny Hn: ne 2-Arr brie @'L Buoknam, Wright, Blia- INGTON, June 21: er ie L_A Hobart, Linekind Pin oa We il eres NF anley, Sioumone, RY: ‘ork; 224, N teens ne Mi ee n Detar Kae sat, do,