The New York Herald Newspaper, August 1, 1857, Page 2

2 THE STREET COMMISSIONER DIFFICULTY. WHE INJUNCTION RESPECTING THE BOOKS COURT OF COMMON PLEAS. Before Judge Ingraham, Jour $1 —The Mayor, Aldermen and Commonailiy of the ky of New York we Daniel D. Oonwer, Charles Devlin, James 0. Willett, Sheri], John R, Farrington, David D. Pild, and Henry Berthoif —This was a motion for an in- jonction to restrain ihe defendants from interfering with ‘the books of the Street Commissioner's Department. ARGUMENT OF DANIEL B. SICKLES, IQ May it please the Court—We move to continue the in guaction in the case upon the original bill of complaint, and also upon the supplemental complaint. Mr. Field—There is a cross motion, which will beargued ‘ai the tame time upon our part, to dissolve it ur, Yes. Mr. posts he ‘Dring on also th e motion against the other partice? Mr. Sickies—Yes, upon the original bill of complaint and ‘the eupplemental bill of complaint The bill of ‘Complaint was filed on the 18th of July inst., against Cono ‘ver, Devlin, and Willet the Sheriff, and upon that an junction order was issued reetraiaing Conover from tn terfering in any manner with the books and papers of the Street Commissioner's office; restraining Willett, the She rf, likewise from execut ‘any process, or doicg any ether aot interfering with books and papers of the office; and restraining Devlin from delivering to son the books and pavers of the office. The sup] complaint embraces,the three parties whom I ha and includes also’ John R. Farrington, constables of the city, David D. Field, £3q , and Henry @ertholf, the officer to whom Judge Peabody confided the books er that were brovght before him. The original of complaint sets forth all the circumstances end events tn reference 10 this controversy which had ‘vanspired up to the 18th inet. The supplemental con ylatpt sets forth the events of the morning of the 18th be- tore Mr. Justice Peabody, the issuing of the warrants, the seizure of the books and papers, the transportation of a of them from the in the = pre sence of Mr. Justice Peabody, and the @rrest and imprisonment of Devlin, and sppcifies particu. larly the part taken in each «f those events by she respes. tive defendants, The papers on the ‘of the piainttils, ‘the Mayor, aldermen ant the city, there- fore, disclose a controversy in regard fo the books and papers of a public office of the o: office of fond importance to the well being: fahabditants of city. The Sireet Commiesi ment 18 one ‘which is concerned directly or \ndii the expendi. ture of very large sums of money, prosecution of improvements of great importa! olty. Toe public represented by the ‘authorities, ome into this court and ask its intervention, alleging that the public interests are jeopardized by the ‘acts of parties and their agents, who are engaged in a con troversy for the occupancy of a public effice. It usually is the case in controversies in reference to public offices that there is one party claiming to be officer de facto, and ano- ‘her party, or both parties, claiming to be officers de jure; ‘Dut this cage presente a peculiarity unuwual in these con Arove sies. Both Conover and Devlin claim to be Street Commissioner de jure, and both of them alo claim to be ‘Street Commissioner d+ facto. Both claim to be in the ac ‘tual and rightful exercise of all fanctions and powers of the office, 80 that it would seem that here are two persons Claiming to act as the sents of the Corporation in the transaction of the business of this department, in giving directions to workmen, tn directing the improvements which are in the jurisdiction of that:department, in the making of contracts which properly emanate from tnat de parunent, and cresting, therefore, a double set of liabill- ties, which must inevitably give rise to litigation, and subject the city to great inconvenience, nd serious and {rreparable loss and damage ‘Toe books and public records are evidently of great value to the public; the public should have access to th-m, and the right{ui place where they should be located is the apartment designated by the Corporation for the Sireet Commissioner. In the next plaee, the maps, Xc., are the private property of the Corporation of tae city, though for ‘the Ume being they are inthe occupancy of the Street Commissioner, who holds them for the necessary du'ies of the office, and the public, who bave aright of access to ‘them. It is very apparent that these two parties cannot atthe same time have contro! over these books. Itis very obvious that they ceppot both have porsess!on of the office at the same time, and it 1s netessary for this court, for the protection of the public interests, to prevent an irre parabie injury to the city, ‘Mr Sickles then subamit‘ed the following points — L. The jurisdiction of eqaity to restrain an tnterference ‘with particular chattels is founded on the nature of the damage. In all cases of writings ber & specific and pe- cullar value, the principle o? irreparable damege applies. Jeremy on Equity Jurisdiction, part 2, 4, sec. 2, says: —Whenever the article bat such a specifiyyalue that ‘it 4s probable that adequate compensation by way of dan ages would net be given bye jury,” equity will give re- Wet. Story Eq. Jor., secs 709, 710, as to specific chattels, for \nstanse the Pasey born.” But in point as to papers, Gtory’s Eq. Jur., sec. 703. IL. Perhaps equity ought not commonly te interfere to | wetted nen trespars even in respect to papers, use the im posression may resist by force. But ‘where process ef « judicial officer is about to be used to sanction the act, and a r ly dhistituted executive agent of the law, as a eheri{f or constable, is to be put in enaticn by ous proven, 08 tajuuatinn % Senly » fre ey yey Arg ne Las, though on prior parts record {t sbould ap rend.) 2. Bach Sheriff, with s process upon its face, may commana the power of the county, and with sirong orm righty pet dena oll epeeumicn. Til. The duty to resist @ trespass by force cannot be charged upon s municipal corporation. It can only act by —— fuch agents may not be willing to incur the Tek of @ conflict. 1V. Story’s Eq. Jnr., sec. 906, says that “ This remedia- ‘Die justice is administered by means of the process of in mnction.”” 1, Waterman's Fden on Injunctions, pp. 357 and 358, says.‘ Equity will protect the enjoyment of specific chat tels which cannot be the subject of compensation io dama ges.” And ece bis note 1 to the eame page '¥. The counsel] who, prosecuting an unlawfai proceed tog for «client, insiste aod publiciy promulgates the doc ‘trive that no one pot named asa defendaat tn the ipjunc ion is affected by it, must oe included ass party. He (Mr.Sickles) proceeded to argue that there has as yet ‘een no judicial decision as to which of these parties bes the right to this office, and it is impossible to foresee what may be the consequences of phyeical force, if it be resort ed to, as tt bas been before. a party has been ejected by force, and this may be an indication of what is possible. if not probable. The property being that of the Corporation, they are entitied to it in order that their offcer, Mr Deviin, may be put in possersion of the books, &> , for the neceseary performance of the duties of his ‘office, Tais forme an additional rearon why an injanetion is applica. die to this case. We contend that the process which ia terfered witb the possession of these books has emanated from a tribuns! which bad no right to isaue it It ts right and proper, therefore, that a court of equity should inier fere and prevent the trespaes of an inferior tribunal with out jurisdiction. Mr Sickles cited several case: in sap port of his views, and contended that the Corpora ion bat no other remedy—no other mode of obiaining relief, except by the process of injunction Am action of’ trover or replevin would not be fume action for damages would om compensat {ojury sustained. and that the only remedy they het is by injunction, which would protect thect.y tn ite rights wh le the controversy is going on between those two sla mants in the public courts. The occupancy of the office ts no | erest to the public as to who toe insumbent is, provided the duties be properly performed; and ihe city asks that bo shall be permitted by process or violence to in terfore or molest the property, Ose of the ce’endan's this matter bas appeared and contioued to ast counsel of Mr. Conover, but he could not do otherwire than include him (M’. Field) in theinjanetien. We would bave preferred « state of thi that would have exe wed us from ‘ncloding him: but it is usual for counsel to re- frain, when they know of the existence of an in) «notion from interfering; it has been ususi for them to advise the because they are, tm fact, officers of the ocosrt, should obey, an counsel obedience and submission to ite mandate But when & coungel takes the high ground that be \s not incleded in the process, because be hes pot been porscoally served, we are justified {a includirg bim the supplemental process, for ee of preventing tajury to the property of the plaintiffs mk NOY RE Bi ply. commenced by giving a bie ‘tory of the case, whi did from the various papers and a‘idavite already publiebed. Mr. Conover was in posses tion cf the office before Mr. Devin wes thrust out, and Mr. Deviin was sion of the office, He then detailed seriatim the different eulle ariel out of the and :ead the later ice Recseveli'+ decision 4 < rt of denying the motion ‘An ipjonctim against Conover. Mr Noyes next read largely from the complaint and supplemental complaint io the complaint He said that the reason this in proment — \s aeked for is that irreparable injury will arise w ‘the city. Mr. Sickiee— One of the reasons Mr. Noyes—And it \* suggested that the Coarts hari declared either Mr. Devin or Mr. Conover as the rightful {weumbent of the office: aod that as the Governor's aom! ot ay id warran woul of placsiy lity tor an in ‘aeten, it here ling has b inetion retion bas other off} 9 but to keep the things en) sioed in ef wn bo rightful ownership is decided by & coart of ine receiver to keep the property, penlents lit emia to devermine ‘Ow Derehip are set some further references and observations Noyes enid that this question before the cours bai tiready decided upon by Judges Peabrty and Roose ‘volt, of the Supreme Court, and that the fart of those ce isiona had been suppressed by the other side, and thu: these ingenious interventions w evade the law hai been to. Mr. Noyee then argued that « this Court could not restrain the Sepreme Court Mt could not restrain Bertholf or Farrington, it officers, from tawuing ite In reference to the in anction on Mr. Field, one of the counsel{in the case (Mr. Noyes) said ‘4t was based on his expression to Judge Peabod should trample the injunction of this Court und ‘was what others would do under similar cireu Fs eminent ammociate should be met by eminent lawyers, at be is now met by an injunction {rom the other side—a resort whieh bas been seldom used—and he hoped the © -ngel for the plaintiffe, whose carcer has deen brilliant, - not meet with such opposition in their effort for <r cliente. I aubmit, therefore, to your honor, tbat thi ocuon for many reasons must be refosed. MR. PreLy's PotyTa. Freid, folios on the same Bow come to the last act of the drama—the ly Of EB rore’’ ) ond te whieh in whicn the two Dromios had E NEW YORK HERALD, SATURDAY, AUGUST 1, 1857. by ty of which the following isa summary Firs\,—This a motion for {junction tn aid of « certiorari from the Supreme Uourt. Tae Supreme Coart is compe tent to take care of iwelf, and this Court has no jurisdiction to ald in enforcing the process of that court. Second.—If thi+ Cour, could aid tae Supreme Court tn enforcing t'8 process, the vecaston for itt wid has ceased, Decause the certiorar! bas been superseded Taird.—It is manifest that the injunction was obtained ‘and used for the pu pose of producing delay and embar rassment in the prosecution of th» proceedings before Mr Justice Peabody. It is said that (he injunction was origtaal ly obtained on the 10ih tastant, but ¥ as not rer ved, and Kept secret till be 18th, It «as ostaived on the a | a that the certiorari had iesued and would be disregs! Judge to whom it was issu: d, but it was not ured till the certiorari bad been au} ed. If, when it was obtained, it was intended not to be used tll the superseteas, then the act of obtaining it cannot be too atroi gly condemned, for ‘he certiora { would thas have been made the | retence of obtaining the ipjanction to stay the proceedings after the ce tiora | had ceased Fourth —The ail jon on which the injinotion was granted, that is, that Mr. Justice Peabody intended not to obey the certiocart, is an allegation offensive to that oillver, and one to which anotoer Court will at listen as cause for ‘ap injuvetion. If it do, the comity of courts will have been disregarded, and confusion im the adminis ration of juetice must follow. Fiftn —The grantiog of an injunction rests on the sound discretion of the Court. Mr Conover is in possession, of the office of 3treet Commissioner. If he caunot have the books and papers of the office he will be greatly embar raered in the performance of its duties, This embarrass- ment the Oourt will ayold by discharging the injunction rth with. Sixth.—It bas been said that the allegation of the issuing of @ certiorari is the ground on which the injunction is claimed. If there be any other ground it has been already considered in the Supreme Court, on the motion before Mr. Justice Roosevelt for an injanction, which mouion was carefully examined and denied Sevepth.—The case made by the complaint is wholly untenable 1 The books and papers of the Street Oommissioner’s office are public records. They ate not the private pro perty of the corporation in any other sense than this The corporation could not take them from the use of the citizens generally, nor from the custody of the Street Com- missioner. . The Street Commissioner's is an office created by the statute of the State. Che dusies of the office cannot be es sentially impaired by the Common Council, nor can that Dody take from it the means to carry,ou ita business, $. The proceeding before Mr. Justice Peabody*wag ome provided by statute, that the books and of an office may be always at the control of nt. To allow ‘another party to@bme in and ir them, on the ground that he was the ultimate proprietor of the recordas would defeat m the applicafons” It would enablétie Attorney General at al! times to prevent the incumbent of & State office, as the Comptroller or Secretary of tate, from obtaining the books of bis offica, and. it would also enable the counties and Cities to counteract the pi ings in the case of county or city offices. 4. The corporation was in fact a p.rty to the proceedings before the Judge. The Counrel to the Corporation con. ducted them, having other co msel associated witn him. 5. Ifthe present complaint be true, the case is one mere- ly of trespaze—an {njunction will not lie, to restrain a tres- 7 Johns, Ch. 315; 3 Paige, 413; 2 Barb., Ch. 101; Wil- Eq Juria , 832. This is an attempt to interfere with the determination, by a Judge of the Supreme Court, of a proceeding pending before him. Mr Justice Peabody bas heard the care, and 4g a compo'ent to decide it as any other j idical officer. 7. Mr. Conover bas been adiudged to be the Street Com missioner of ihe city of New York, de facto, and entitied to the books ‘and papers; and even if he had not done eo, this Court bas no jurisdiction to try the title to an office. That can only be done by quo warrants in the Supreme Court. 8. The proceedings to compel the delivery of official books to a suocessor in office are inteaded to be assummary ‘as possible, an interference with them by any other tri- Dunal would tend to defeat the policy of the Legislature These considerations induced tbe Supreme Court to dissolve ‘an injunction once granted, and to supersede a cerdorari which it bad awarded, though the prooeedings were before one of thetr own body’ and there is more reason-why this Court should be influence’ by them. ‘He (Mr. Field) contended that the granting of an injuno- tion, resting on the sound discretion of a court, wi not be granted unless it is for the purpose of jastice, and he know Do better authority than that in the decision of bis honor Judge Ingrabam, in the case of Fitzpatrick against the Comptroller, in which it was decided that .he Metropolitan police sball be paid, and to which decigon he ht the whole city reaponded “Well said, a ”* Mr Field con tinued until the adjournment of the court, arguing that the injunction should not be continued; that it nad aa effect which this court never intended it should bave; that tt in terferes with the transaction of the business {important office—save one, the Uomptrolier’s—in this vast city. ‘The Courtadjourned at So’clock. Mr. Field will con- clude his argument this (daturday) morning, THE CONOVER CONTEMPT CASE. TESTIMONY BEFORE THE REFEREB—CHABLES 0'CO- NOB BXAMINSD--THE PROCBEDINGS CLOSED. ‘The testimony was concluded yesterday before Henry Hilton, being the seventh day of the proceedings. Mr. Brewer recalled by Mr. Field—You have been asked about the insertion of a constable in the direction ofthe warrant, wbat was the reason of such alteration? ((bjoct- ed to by Mr. Brady as irrelevant. Question allowed.) A. ‘The reascn was a fear that there might be some collusion between the opposite party, and in the event of the ser vice of an injunction on the Sheriff we would not be able to dissolve the injunction, and wo resolved to get ® person who could serve the warrant. Q. In the course of the previous discussions {n court bad tbe opposite counsel avowed any intention in respect to #b- talbing a new certiorari if the existing one was quashed? Mr Brady again objected. (Objection sustained } Samuel 8. Davis examined—I am @ policeman in the Metropolitan ferce; I was in court on the 18th of July; I saw Mr. Brewer and Mr. Brady Isaw Brewer go out of court by the main entrance; I saw Brady rise and give tome papers to Conover; Mr. Brewer was passing out the gate in tbe railings at that moment. Cross examined by Mr. Brady—I a\tended court that day with Councilman Brady and John H. Kilyer, out of curt osity, as I heard that warrants were to be jsmued. E Harrison Reed examined—I am a commission dealer in Washington market, and was in court on the 1Sth of July, and have made an affidar!) io this matter, The witnese then proceeded to describe in detall tne circum stances that transpired on that occasion. He stated that Brewer was out of the court room, to the beet of bie belief, when Mr Brady ennvunced the Injuno tion. In bis cross-exarination he stated that he was one of Conover's securities Grorge T. Bourne examined—I ama salesman a! No 16 Maiden lane; 1 was io the court room resresonted by this Giagram this morning, and measured exactly the time re ik in av ordinary gait from the railing io froot 5 ihre quires eleven seconds Cross examined by Mr. Brady—Who prosured you to make that excursion to the court room this morning? A Mr Wm J Faller Q. Did you find the room open? A. I did Q Was there any one in {t before you wentin? A To ail there were people there; there was no Judge sitting; Foller stood at ihe main entrance while { was walkitg; I never saw Mr Brewer walk; Mr Brower is taller than I am. Mr. Brady—I want to show that he covld do ti quicker han you, that is all. Mr Field bere asked the referee to suspend business for ‘an bour in order that he might attend Jadge I ham's court, a8 «decision was to de given om the injatotion this mornii Mr. "iracy objected to this course He said that be ob served both Cunover's couceel present and that be was a coonsel op the oppor He was willing to remain here, and be insist d that the case sbould go on The referee said that be stated yesterday that be would proceed, and he should certainly do #0 Mr Field then took up bis bat, saying, * Weil, can do as you please,’ and be and Mr. Noyes air, vel ine fe 1 12 o'clock, until either eid or Mr. Noyes return Mr. Hilton refused to do #0, and the examination of Mr. Reed was continued. 1) had wiourly heen interrupted to admit the evidesce of Mr rhe, who was anxivus to leave the room on matters of boriness Mr. Field retarned at noon, and amid of bie wit nerses, Mr. Siloox, was ill, and that be would not cal! any more witperser just then Mr. Brady aid be bad had sent for Mr O'Cooor, who would be bere in a few moments Mr ©'Oonor snortly arrived, aod war sworn Charles 0'Gonor, examined by Mr Braty—Q Were you in the court room of the new City Mall on the | Judge Peabody was on the bench there? 4 | Bpece of time pot exceeding three minutes, and if you Ii T will state without further questi vas my brief erie of the occurrences of that time At less \han fifteen netes before one o'clock, when leaving the library to take the one o'clock Hateon River train, it occurred to me to Jo°k in for a few minutes at the procee ings before Jade Peabody; some one on the first stair prevented my going into the general term room by say ng that the proceedings were go'ng on above stairs, | wen! uy by the stairs thet load towards the Park, and as | reached the a sper part of the stairs in perfect solitude, bearing o road, I way tm permed with the belief that I was misinformed. and ‘bat there wan nothing going 00 up stal® end that | should find the door locked; whethor I touched (he door or net, or whether ft was'ajar, [ doo’t remem'er, bat wren it 1 found myself confronting Mr. Vandoryoo! Paltce, both then inside the room avd | sandiog tn the entry outaide of the door; this wae what I woul! oat fe main entrance; those gentlemen eo! ot ae f Pasted in, the epace outeide the [ron railing, avy ting to My recollection, bad no one in it all; the jastant | lovked to My Attention was drawn toa cumber of poople grouyet near the Judge: { passed op through the gate of the raiing And #0 onward \o & porition marked by sme previous wit Rees on the diagram, if this “O'C."’ is inteoted for me; I was in the room bat for « moment, as pexpls ordinarily exproms themselves: | paid no attention to aay of the per fone in attendance, so (nat | could at thie time verify the Presence of any, exoent three, whom I sball name; as i gt fairly int the room Mr Braty wav taking bie seat; I Could not positively ewear whether or not | heard the tones of bis voice a one might aay, in completing some re mark, but | heard no words distinguish them; as I reacbed the marked on the diagram Mr. Ficid wax addreseing the Jadge ‘on the subject of an inj inctinn f-om Ja the Common Pleas Jadge; I heard two or three sentences i the injunction, and I retired the of the stairs; I take attracted my atten her person I noticed war jentieman now here sent at law; I did mot meet bim, nor did be a enclosure formed at where between the Teaa! ‘ained, I presumed from Mr. Brat Mr Fieli—I bave not the tligtont recollection of see- ing you in the Court that morning, Mr. O'Conor, strange to “ir, O’Conor—I stood directly facing you as you ad- dressed the Judge. Mr. O'Conor said he wished to state that his remarks about solitude referred to the whole apposrance of tie stairs leacing ‘o the third 4 ‘and to the ball leading to Juége Peabody's court; it might be also proper for him to meption that he was one of the counsel in the case of Co- nover against Devlin, on vehall of Mr. Devlin. Croes examined by Mr Field—I ascended the stairs leading down towards Chambers street; as to whether Mr. Brewer did not pass me without my observing him, 1 can only say that I recollect sceing no one, and was strongly impres:ec with the goltiude of the place; an impression eich lneronnnn. aest ot on the stairs leading to the third story Q Are you willing to state positively that you met no ane on the stairs going up to the Court room that day? A. Quite the Fok f on the stairs leading from the first to the second story I may have met many, and certataly one —my in ormant, before alluded to; I feel as positive as it is poseible to be, I think,jon such a subject, that [ did not meet any ove on the u,/per stairs; it was a warm day; I bad lutie thme to epare, and I felt a sensation of the irk. somenets of my labor in vain in going uo those stairs, a8 T twas winking it to bé, with gradually increasing coail lence. Q. Were you walking elowly or rapidly? A. Although (bad little time I could measure it very well, and was cot movi'g in basie or rapialy, for mo; it could neither be called slowly or rapidly as your face inclined downwards? A. It is utterly imponetbie for me to teil. Q. How far into the room had you advanced when Mr. Brady sai down? Please mark ‘the spot on the diagram. A. That apy one else could ao as well as myself; it would bea matter of conjecture; I singled him out the moment I was in view of the group; I could not be far in. Q Point out the speton the diagram where Mr. Brady sat down! A. [co.ld not do that, because I only took no tice of Mr. Brady, and not of his location; it was in front of the Juoge, anol feel quire eure, speaking relatively to the other persons, it was on the same side that I was Q Was Mr. Brady in the group? A. Group may not be &@ proper term; (bere were a number of perg ns inside the railing and io front of the Judge; their positions never at tracted my atiention; Mr Brady ‘was one of taose persons; from the time | left the court room till I got out of the vutldipg my memory isa total blank as (0 persons and things; my curiosity was satiefled and I paid no further aMeption; T could not even tell what siairs I went down; from my own thougats ad reflections before meu- dened, nothing attracted my attention when going up until the door of the court room was widely opened, and Messrs, Vanderpoe! and Vultee presented thamselves to my vision; Tam quite eure th: re were no persons sianding at the door of the Marine Court room. Mr Brady here stated that all bis witnesses wore now examined. Mr Field recalled Mr. Brewer for the purpose of stating with more particularity the fact of hie moeting Mr. 0’- Conor, Mr. Brewer said—That on hearing Mr. O’Conor’s state- ment be now recollected distin sly ‘hat he was dom the stairs, between ihe second and third story, when he met Mr O'Conor four or five steps from the top, walking slowly at the side, near the railing; he recollected now the very expression cf pis countenance; he appeared puzzled and confor ad; I thought be iooxed at me and I partly inclined my head, but ho did not return the salutation; lam now posit. ve I met bim. To Mr. Brady—The circumstance in Mr. O’Conor’s state- ment tha. be didn’s meet me, which makes me positive that he cid, is the description of whst he falt, which recalis his a] oe—his expression of the solitude of the place; he seemed Ww be in a reverie at the time. Q. Have you sia'ed a'l that changed your vague recol- lection into certainiy? A. [ have; Mr. O’Cono-’s state- ment has refreshed tae whole ting 1m my mind, and his remark that he was Devilp’s counsel. Q. Did you not know when you first testified about Mr. > squmieaieed sbat he was one of Deviln’s counsel? A. I dic The Referee then announced that the reference was closed, and stated tbat he would hand the evidence to Judge Ingrebem qitnou: making any report, as both counsel seemec 10 thipk that such was the duty allotted to him, though bis own imreasion was that tae intended him to report as to the points to be settled by the testimony. He would, however, first oonsali Juige on matter. ‘The teretimony now goes before the Common Pleas Court, and th» argument cn the order torhow cause why Conover sbould not be attached for contem pt will be continues, pro- bably to-day. Interesting from Spain. THE MEXICAN QUESTION—POLITIC8 IN SPAIN, RE- Gen Lersundi in the be rendered uppecessary. ‘An you will bave learned received the author! zation the law will do.btlese pass the ernment on the pew law is to denoun’ rial inviolability, Seoor Pidal, however, has warmly ro- pelied thie charge, and bas said, if the Ministers by thie Measure aod to thetr own security, they do pot less protect the fepers! invereste of society by its adoption. With our Fnglirh habits and notions, we cannot concetve how the in- terests of society are to Protected by imposing on th press beavy pecuniary liabilities and so inquisito-ial sorebip that, ip {ts abures, its whole inflaence for g004 or evi yed. As was jasily remarked by Ube opporition deputies, were the adsolutists now to come into cower the modera tos have by their own act deprived themselves of their only legitimate moans of defence The debates on this question comm in a most tade- corous man: bt afford rome amusement What would they sa} O Houre of Vommons t interruptions lite the foil — “The honorable gentleman speaks as @ soldier.” tepeak ax a soldier, but ass teouty.”” A yolce, “Nei if as ope vor the other, but like # tool.’ The discus rion of yesterday, which closed the debate, ed with more propriet gular ovcar rence took When Senor Nrcedal, the unpopular autbor and mover of the new law, commenced to address Une Congress, the reporters, asthe aggrieved representa tives of the press, rove in's body and left the gallery Such a detronatration op the part of the gentlemen of the Spanieh press was scarcely jastifiable. it betrayed a oa Live tp norance aod disregard of fair play which, after all, ip am re radical cause of continental mal iegisiation than the reactionary ndencies cf the m nority ‘of the op voritin were Wore they at all trensiatoable thoy mi to do supporter of Narvaez ant the The speech of Senor Mazo was matter and argument. Thatof the poet Campoamor was more logical in form than substance. His imaginative powers. controlied in the earlier part of his address by aa Attempted closeness of reasenieg, browe forth at last in the The moderado party ts inclining acianism which will destroy it, aod with {i liber- ty—the trove war horse with which weare to conquer—ths holy ark that will eave us allke from the wreck of tiem aod the deluge of sommuniam. Ia conclusion, I will tell you the future bistory of this fatal law. If this law be approved, the rafety valve of representative government willbe closed; legitimate aspirations will be wanting due expansion \@ paanions will be converted into dis rembied hatreds, charging the political atmosphere with tbe elements of the storm, that presently, when less: ex pected, will break over our beads in a revolation and tor- rents of blood In whatever consideration you may bold the prophet, do no: forget the prediction '* To this pack-like following the lead of one ortwo men 1D power, to poam or alla tes, oan oaly be ascribed the appearance in ihe governmest majority on Ube preer qaestion of so many names ameng the moderado party, di-tinguished for thoir support of the constitution of 1845, and its moderately liberal principles, Tho spread of red republican and socialistic doctrines in Spain is aap por'd to be acother cause Extreme demooratia notioas have certaiply made great advances in some inces: bot the lower clasres in Spain are as yet too utterly igno ‘an{ and ip want of organiration to make the |mports'ion of ‘he usual bugbesr of rocialism a valid excuse for re- rtrictive legiclai. The late ¢istarbanoes ia Utrera are ondovbtedly reriour in one respect. that they disclose a re- publionn ramification to ao extent neither the government Bor the better c\asses ever dreamed of; but their machina tions will bave no chanos at present against the foros of the government Catalonia, where alone there exists any aeal organized power among the laboring olasees, is now erfectly will and the peop'e peaceably engaged in gatbor- ne an abundact barvert The power of the democracy of Spain will ar ye\ only be serious as an ally to the live- a! party among the middle classes, These at p osent seem much absorbed in railwaye, oredit sociotion, and money making generally Toe preserva ion of order is what tbey meet reqnire, and are thay disposed to look on the recent jegtslalion of the government more as measures of publie security than advances towards political reac jon They mart be ean med t Kaow best how far this e correct. However, there ix a world of truth im the 90m mentary ef (be /iscusion on @ reported project for inde mnt ying the clergy for the ‘emarmortiz ation of porty "ya vamos ardinntandn " re Hewtixa Foorrrve Scaves iw Inerors—Dae PRRATE FIGHt NETWREY THE SLAVES AND Tite MisOURIANS — A jent of the Cincinnati Gacetie, writing from Cairo, Til, Joly 27, eaye:—On Sanday morning, a party of Missooriane, av to be near Ofty in number, came over from the Missour! shore to search for fagitive elaven —rome ten or fifteen chatiels have recently escaped from that part of the Site. They surrounded aad searched several negro caving; but at length the free negro rest dents, excited by their threats and insulting language, de- termined to ps no farther search, without a warrant, and offered determined resistance. | could not ascertain which party fired firet, bata number of shots were ox changed, and a Missourian by the name of Wilson had hie jaw biown off. Three of the Missourians have been ar. THE FREE LABOR WOVEMENT (N VIRGINIA. Speech of Ell Thayer, President of the Home- stead Ald Society. OUR GUYANDOTTE CORBESPONDENOE. Gvuvanvorrs, July 22, 1867. On Tuesday, 2lst inst., Hon, Eli Thayer, by invitation, ad- dressed quite a large number of the influential citizens of | ty thousand dollars in trust ler, and by a cosicil “in li instead $11,600, part of the oy mitted the Guyandotte, Cabell county, Virginia, At tho close of the address a committee of three was appointed to draft resolti- tions expreative of the sentiments of the meeting. Below will be found the substance of some of Mar. Thayerls remarks, | ‘and also the resol. tions, which were passed unanimously. Acaroful perusal of these will perhaps correct some false impressions in regard to the feelings of the men of intelligence and worth in this part of the State towards the “Homestead Company.” Mr. Thayer gaid that he ‘was present on this ocsasion, not to discuss metaphysics or theology, but amply a question pertaining to the interests of Western Virginia, and to the wants of the emigrating population of the North—a question of political economy. It falls in the province of this science to supply the mate- rial wants of individuals and communities, What, then, are the wants of Western Virginia? You have the mate- rial for pre-eminence in manufactaring—your bills abound tm ooal, iron and tmber—your agricultural resources are sufficient to support an immense manufasturing population —there is no portion of the United States eo capable of making its inbabitents entirely independent of every other section as this part of the Ohio valley. But there 1s not ® manufacturing establishment beiween the Big Saudy and the Guyandotte. Your great want ia intelligent labor. ‘The great want of our Intelligent laborers in the North is your materials and s for mani It is the ‘tamt interests together. your oo il belli an import manufotur your co- jon we oild an manul r- Jog city bovween the valleys of the Guyandote and the Big Sandy. in explaining how tke city can be built, Mr. Thayer made a happy illustration by referring, somewhat as fol- lows, to the slaves of the Homestead Com| — The city will be built by the company furnishing power ‘and room for mechanics to introduce the manufacture of cabinetware, sgricaltural implements, wagons, steam boats, stationery engines, locomouves, and whatever is made ee use of timber, and trom, and coal. Here we are in the centre of the marke: of the Uniied States, as we ‘are inacentre of population But the company Is calied ‘an “abolition company.” Let me quiet your appreben- sions in that regard. The compauy already holds four slaves, which will soon be in active service. And slaves! They bave the power of seven hundred horses, which is the power of forty-nine hundred negroes. carry the land tages can not to be despised. They cost less. They do not ex. ceed in cost, located and ready for work, ten dollars per negro power. Besides, they never runaway. They do not steal hams and chickens and rob os lines. never have the sulks, They never day and night. They do not bacon and corn, but only ask to be fed with wood, and coal and water. Besides, they make « population more dense for their existence, instead of more sparse. Should we go into Wayne county with forty-niae hundred negroes, everybody now there would be obliged to move away to give us suitable scoommodations. Bat if we go ther with these four slaves, whose power is equal to forty- nine hundred negroes, we {i ately furnish the means of subsistence to more than twice forty nine hundred res of this kind rapidly increase the value wes of the other kind as certainly dimin. ish it. builds cities—the other makes deserts. Here then we enlist on our side the anti slavery of inter- eat. The anti slavery Berean nee wer rd the anti- slavery of principlo—as the c er of the man ir. Thayer pointed out several important results of the company’s movements:— First—The building of this manufacturing city will fll Weatern Virginia with colonies of agriculturists, for whose products the city will furnish » ready market. Second—A dense population of this character in Western: Virginia will secure the speedy completion of the Coving: ton and Obio Railroad, thus connecting the ‘valiey of tho Oblo with the city of Norfolk, and yy doing this will 16. of equal conform to On motion of L. Sodinger, Baq., the above report of the | conimittee was unantmously ado ted. On motion of J, W. Hite, Esq , the Secretary quested to forward a copy of the proceedings of tbis meet- the Unionist, the Now York Hanato, Presented a few fixed facts, opipions, to relieve the m'nde of the timid and sceptical in regard to this great and novel enterprise. First Annual Commencement of the Paplis of St. Vincent de Paul's Academy, According to the announcement that appeared in Wed- nesday’s Heat, the young ladies of this inatitation gave their annual exhibition on that evening, which drew tege- ther one of the largest audiences that we have witnessed for some time. Two stages had boon temporarily erected for the accommodation of the students, one of which was exclusively set apart on which to exhibit the various em- brotderies, needlework pictures, water colored paiatings, &c. “Christ in the Garden of Olives’’ was aa exquisitely L'Pafant 4 jos pice ; Memmiah ¥ Piano my and Dodd. Zarto—Ia Vigne ct Le —Miles Rentoal and MoCartan. Wallerstein—loe Jeunes Ofivricres. Chant.—Ceuxqr! dirent les flours. Thys—The Sisters. Piano.—Miles, Piéris and Henry. Strakosch—Le petit «sees Rrag Fortane Teller. .. Vietwor and Louis Gaapard. ‘the aud jon of the distribution of the prizes the At the forward to the front of the ‘m to the from one of their asosistos, where with their homer Ing acrome the shoulder fm an obtuse line to the left side, with wresths on thetr ee, Bay preseane & lively appearance of well "s Court. Before A. W. Bradford, Eeq. WHEN 4 BEQUEST LAPSES—INTRARSTING DBOISION OF THE COvRT. Jusy 31—The Burrogate made the following decision yesterday in regard to the lapsing of a bequest : vol the Mater of the gy 6 pr $20,000,”” emitne aiie or dovire of whouse and lot, It is contended that of dollars mainder of my ettate, of whatsoover nature, verted into cash out and out as hereinbefore and personal, | order and direct that the same, whea so converted into cash, be divided oy [ queath unto my raid sister, Mrs. Ann use and benefit, for and during the term of her natural life, and upon her decease I give and bequeath the said one equal haif, part or share of the said residue of my estate unto the said Jobn Henderson and Jane ann Henderson, chiidren of my said siser, Mrs. Ann Henderson, to equally divided between them, abare and share allke, and 10 their respective issue, such issue taking the share to which the parcnt, if living, would have been entitled; but in case either the raid John Henderson or Jane Ann Hea- dergon should die before their motber, without leaving lawful issue living, then the survivor to take the part or share of the one #0 dying.” Mrs. Henderson and her son Jobn both died before the testator—the former in 1850 and the latter in 1853, without issue. The poiut arises whether the bequest or any portion of it has lapsed. Tho gift 1s of a life estate te the mother, with remainder to her two children. The children were to tak end , The general rule, that by the death of a legatee before the testator his interest under the will lapses, relaies ouly to the interest of the Paty op Srihge Rak See there are other Lntere ts grafted or limitéd upom that of the deceased legatee, they do ot necessarily fail. Ordinarily, so long ‘8 the event upon which the testator contingent takes place, it whether it occur in the testator’s lifetime Provided the party designed to be benefitted ‘here a life tenant dies before the testator, but the party entitled in remainder survives bim, the death of the life tenant only extinguishes the life estate, and the remaiuder man is let in to the immediate right to th tthe moment the will takes effect. (Mowatt vs. only accelerates the right of the second taker. [am ociear, therefore. that if both Mrs. Henderson’s children had been living at the death of Mr. Reed, they would have been en- litled to their respective shares of half the residue. Oae of them, however, died before the testator, and his share Inpeed, unless we can find rome provision reaching this contingency, and giving over the to some other per- son, in which case the limitation over would be good, not- nt on which J depended occurred tator’s deceave. The residuary clause gives ‘this remainder to the tro children, ‘‘te be equally divided between them, share and sbare alike, and to the:r re- spective issue, such issue taking the share to which the t, if living, would have been entitied.” But Jobn ied without issue, so te provision for issue does not ap- ply. “Bat,” the Tresiduary clause , “in case ei ber the eald Jobn Henderson or Jane Aun Henderson should die before their moter, without leaving lawful ieewe living, then the survivor to \ake the part or share of the one so dying.”’ Here are two conditions. John died “without leaving lawful issue living,” ard that condition ts faldiiled; but he did not die before his mother,” and that concition was not fulfilled The sister now claims John’s sbare as “‘survivor,’’ on an event or contingency different from the one named in the wili—that is, the testator de- clared she should take John’s share, if he died before his pees, and she cliams John’s share possible, tr contem; z, events not for thet De making © will, not construing for we aw one. ‘Again, there is no will better settled than that any condi- i f g g { i i i fi gfe ssf iH i = lH fs a = settee Fe HH Hy tH ipgency dee! law as clomentary doctrines. toshow the application of the will dinarily supposed that a lapre tien. g i i Hi: eeds on the assumption 1 for tho individual named, none other; and if he be dead whon the testator di th & H 5 Is E J 8 EseGe aseFeg gEeeee residue of this estate lapsed by reason of his decease be | fore the testator, and that bis sister is not entitled to it by | survivorship, because the event on which the will declares testator | the survivor should take wever occurred. Bee a ff #5 F i H H san 32 i i i i $ Fi fre in with 7 nificence, but adopted European ‘eattove wo Clently W indulge in the Ainge alk stockings, tough. th Tent. Braytor of Wa- teniown, N.Y the 3 Jane, le ane, the mort fainor. wi rol LJ ee en that poss, 0 ti t infantry) at For Duncan, way tere be Tarn, where, sufictently He was fees fore but wi otive da. thea of ite, in ‘edivoated,, stricken mach Theatrical and Mustcal, Niwo's Gaxpam.—M Espinosa, the favorite panto ‘st and dancer, is to take his frst benefit here to night which occasion a new papiomime, called “the Joi! ly Jers’? will be produced, addition to the Ravels’ spectacle of * the Rival Faria Bowxry TsAras.—A regular old fashioned Sat bill, overflowing with attractions, is offered at this b to-night. In the first place the thrilling drame of “Masracre of Glenooe’’ is to be revived. Thea co “Out for a Holliday” and the exciting play of “Ho: Robinson ”” Watack’s —Mres. John Wood is to play in Backsto drama entitled the ‘Child of the Regiment,” and Fi fourd’s inimitable burlesque of “Shylock, or the chant of Venice Preserved ” for ber penefit this bat Several of her most popular songs are to be Oxrur10.—The farewell benefit of Mrs. Charles Ho: is announced for to night, when tbe ontertalaments —_-, eel yee of the Wido. pies. ” wi ir. Chanfau is great part of Jerry Cl Fone musical melange, and the burlesqu Aurnican Mussum.—Prof, Wyman wil! astonish with bis wonderful feais of necromancy and ventrilo this afternoon and evening. on } Cees: an, Mom's Moenew tender a variety] jurlesques the farce of “The for to-night. _ ie PR ery loging one nai thelr performances one jar and very am! “Sawdust “Acrobats,” faz Sra eer Sanrorn’s Orena Trovrs are to give their Iast Eval enterialument at the Brooklyn Athenwum this evening. Lavra Kemwa’s Tumatre.—The colebrated Marsh J bath is — ‘at thie house on Monday. They ar in « Fyed Susan’? and ‘The Toodles,”” of their preatest pieces. we sah: -__...... RELIGIOUS NOFICES. ‘OHN STBEET FIRST METHODIST EPISOOP, next Sabbath m in the evening by the Rev. 9 YJ ‘burch in Jobn s' B Wak 19 commence at If Strangers are invited to att-nd Beate tre throp, Inte of California 736 o'clock. EMORIAL CHURCE.—REV. EDWARD ANTHOR, sistant minister of Bt. Wark’s chureh, will preach to row (Suaday) . in chureb corner of Hammo Bervices at 1054 a. M. and4 4 street and S Bia oats Brees EY. MR, BURNET WILL PREAOH TO-MORROW, 103g A. M., in Seventeenth street chapel, imm west ixth avenue. LOS? AND WOUND, ing It to the above place. ee a, ed D%. LOST—ON TUESDAY MORNING, FROM 34 Thirtv-seventh street, a small black and white Ki Charles spantel, very long ears; bad on @ col ar m ‘Henry Bitter, 82 Bast Thirty sesond street. The fluder will ony rewarded by bringing itto either of the abo OUND—ON STATEN ISLAND, JULY 27, A BUNDI Fomicct tiers addressed to several merchanta inthis city Boller: ist Ware recover the same by applying to T. O8T—ON TUESDAY LAST, & LEGAL DOCU dE rewareed by leaving iat the ole of Richards, 50 and $2 Barclay street. ay sant OST—A DRA¥T DRAWN ON MESSRS. ALL! Lean & Bulkley for $73 5, and one oy? z for $i7 65 were Hardt & Co. t this in Lil street, between William and Nassau streets. Payment der will the above drafta have been stopped many vowneees, by leaving the same at 66 Maiden lane, OST—A GOLD WATCH, ENGINE TURNED 0. open face, with seconds, Johnron maker No. 3,336. 41 on 1 aving the same with T. 0. Hardy, watchmaker, Kiviigomery st, Jersey City, will be suitably rewarded. O&T—ON JULY 31, A PROMASSORY OTS, DRAWN By D. B Hasyreuck, endorsed by N_ Van Brunt, dated A. % soph nog hey Ret 64 ‘ the ae has heen sto ie Onder wi) Aruttade ving it wid G, WILLIAMS, No, 188 Front sirest. on bi ‘OUSE WANTED—TO RENT OR LEASE FOR O or more years; $700 a $900; family ; to de alt between Sth and 34th sts., and 4th and 7th avenues; all Pa ple gy Fo EY before Ist No best of references. jrem box 8,492 Post ofiies. OUSE WANTED.—A 8 TWO sTo : FAO Wits al the taodora ins wovetonte ot smandersio. in genteel neighborhocd. Address box 1,346 Post ofice ving more they reo’ paid in advance if des! rent 0. O 8., Herald TEAM BNGINE.—WANTBD, 4 STEAM RM ee os A ie wt York, or H. P. Bloor & Co., $23 Atlantic street, Broosiys CARPENTERS AND BUILDERS —A PERSON PO (wo upincumbered lots in the vicinity of 1 street is desirous of having a small cottage house thereon, for which he will give = bond and morgage Droperty. Address Cotuage, Herald office. oni ‘AR BETWEEN SPAIF AND X100.—F ERI desirous of serving Mexico in the pont of or bavipg swamers 0° vessels to . will pl john Diego Sanches, Rew Yort Post office. ‘ARTED—WITH GOOD LIGHT, AND AI®Y, LO’ from Broadway, wes sice, in joeation place lo Canal etree “Addreas box 2668 Post ofce ANTED—A FARM, |. OF BIGHT, TF ‘OF more acres, within twelve miles of the ‘a}] the convepiences of @ geniieman s residence, Brooklyn rt} ‘Bald conalsta a wel bult brick house and two tot: ear en tastefully: nid opt $s.C00. amy party Wartre's pase to dlepoee of cm seed par 600. a pece ae Sculare to . Wt HOBBS. 6 Miniden lanes" ANTED IMMEDIATBLY.—THE AD¥ ioear nM ADVERTISER WISE ANTED T® PURCHASE—A PIRS' Wirioee. trot house, betecea” Bieerker “and. fi streets, in Beigb>orhood, all moderna improvements Apply ly to BRIGGS A RICHARDSON Gs Cedar WAXZED TO LEASR—A SPACIOUS SALOON, #18 0 oF two rooms in a qulet agighburh od, fe @ rivate dramalls society, Address, siatlog lerma, lo Arugeer’s Hfotel, 28 mercer stree.. Secrtee nee __ INSTRUCTION, 1 WRITING, BOOKKEEPING AND ARITHWR . tie—Mr. DOLBEAR 6 Sroadway, will commence his August term on Monday, to prepare students for fail bast ness, They will become rapid business writers, qulek to figures, and good bookkeepers Terma only $15. FRENCH LADY OF SEVERAL YRARS KXPRRIRNOB French, both in the South and in tis olty, puptla at their Teaidence, Al ply at 710 Troe Grol Verghew’) where relerenoes will’ be given, ~~ RENCH TEACHER WaNTED-—IN 4 LAD! am wo 8 dary, « French Pr. re inary ion ‘pte ference given and Unereeptionabie, , juired. Saiar) $20 per angum and board. headiowe Sp Teter ‘pre pala) ts Win Botta. ie, tea ot Wel OSTRR'S INITIATORY COUNTING HOUS! Lay? (Appieten’s Build ng ) cy oe om The coures of inetracton §. thia establishment is practions thorough aud complete ad every facility Ie afforded top he elegance , expertness in agithme. bookkeeping. sms roved modes of opening, closing and ad) srih several Ingenious labor saving = Ed i Es 3 f 32 5 § = 3 i i i 3g it ‘RS. MEARS FRENCH Rnglish boarding and Atay schoo! for reat Fitcon h street, below Pinch avenue, %¢ opecs on Thare “Sten Be wil be ‘at home 10 recat who may wish to confer wih her on = ror Ly RUT COAL, 94 78, shen name tor ona® inle weer oo OOal—A 18 Res st YOMPORTTION AND 901.0 VERT, ROR AND rer Ae eee ae na Wee eran IEE rycresteter ees