The New York Herald Newspaper, August 6, 1857, Page 8

ot The Street Commissioners’ Dispate for Office. HE DECISION ON THE HABEAS CORPUS. MR, DEVLIN DISCHARGED FROM CUSTODY, ao, ae. ae Court of Common Pleas. Before Hon Jadge Ingrabam. Ava 6—J ihe matier of the Habeas Ovrpus of Oharies ‘Destin —The petitioner is brought before moe on the return of habeas corpus, allowed on bis petition, and the Sheriff Fetorp~ thet be holds nim ip custody by virtue of a warrans Tor Dis asrest, iseued by Mr. Justice Peabody, noder the <satote which authorizes proceedings for the delivery of We public books and papers in the office, to the succes por of any one dying or o:berw tee varating the office. The proceetings before Mr. Justice Peabody were ‘natituted 2m the complaint of Daniel D, Conover, claiming to be the Sasvesror of the late Sireet Commigsioner Teylor in bis complaint he avers that he was appotated to euch office Dy Ue Govervor of the State; thas he has recelved the ‘eemmission; that be has taken the oa h of offive and fled he necessary bond, and has done ever: thing nesessary to qnelity bimeelf therefor. Tse section under which this pro deoding #44 taken le the 6lst sscvon, Us. 6, 00. 5, pt. 1 of RS, i volume, p 126, (3d ed.) This section prov des that f apy pevron a»polnted or elected to any ‘ofice “ahait 246, oF hie office sba'i tn any way Become vaouns, and any Docks or papers belonging or appertaining to such office thai) come to (he bands of suy person, the successor to such office tay io like manner a tocreinberore prescribed, de snand euch books aad payers from che person having’ the pak 6 tu bis possession, aud the same being wihheld anor. jer may be cbtained for Fuch delivery. (t aiso provides that cn care of omienion of the person xo charged io make oaih of the deitvery of ai] such books and papars no demandet, saob perton may be commited to jail anda search war rami iteved, &0. The petitioner was arrerted uader such ® commitment and confioed tn c'ore custody in the jail of the city of New York. By the 43d section of the act rela. ive to wriis of babeas oorpas, the power of a Judge oa the ro arn of such @ writ ie limited, and be i+ direcwd to re- mand ihe prisoter except in certain cases the: ein specified. Those cases which are applicable to (his petitioner are— ‘1. When the juri-diction of the office oas Deen exceeded, 2 When the process hae been issued in a case not aidowe: by law. 3. Whex the provess is pot authorized by ary provision tas b separately stated, these ditferent cases are all @oloc ed within he term “ ja isdic.ion,”’ and the qiestion wach I am called upon to deoice is whether uym the pacers prosenied 10 Justice Peabody as the foundation ‘M the proceedings whicd reuiied in the commitment of the petitioner there were facts stated sufficient to bring tbe case within the provisions of the stetuve 20 ast authorize toe Justice in the proceedings which subdseqnently were vaken therein, thie proceeding ‘& special one, summary in its character, severe 10 {te ope @ eo, and #8 we bave seen in the late action of the Sup-eme Court tm denying ‘he peduoner an opportuaity of review lng the decision of the magisirate, conclusive in ius re- suite and condemning the prisoner to @ perpetual !mpri e-mment if from any caure ne is prevented from comoly ing wish the order direoiirg the delivery. Being of this sharacter, it should be coustrved strictly, there should be 30 doubt of the sufficiency of tne facts to make ont the ja Tiscievon, and there should be no presumptions enter: mined ober than (he face warrant to make Out euch ja ‘hetion. If tbe paperr do not show the meters stated the bw as re to obwain the order from the magis- trae, then no jarisdiction was o pferred on bin which woukd musta'n the subsequent proceedings—wha: there 1s aecersary for this purpose, 1. The ceaib of the iacumbent. As to this thero is no te 2 That books or papers sbe!l come to the hands of any peren This is stated in the peuidon as to the petitioner, Albough po time is staied when such booxs and pa yore came & Dis porsesrion It may well be doubled wheiber ike mere possession is suiticic at, without showiag that the porsession was not obtained the appointmen! of tbe cessor. The worus of the act are, however, £0 general thet J rhould besitate def sre adopting the coocia Bon that such defect was one what deprived the magistrate of jurisdiction Whetber, on proof of the fact before him, ‘wa. proper to grant the warrant, it is not within my ince t decide. 8. The apoln'ment of @ euceescor, the demand by him, and the withho dime of the books an1 pepers by the per oom charsed, complete the facts necessary to make out ® Rett he questions arising in regard to the matters stated as necessary under the third head that the argu. wens of counsel before me have deen prinsipaily directed, and ‘it is to the examination of these jon’ that I eball confine myrelf at this time. In Se ewvet of the examioation, the counsel for the gested by tbe couneel © me, | should feel thereby relieved from the labor of wer exem ining thus cave, and from the expression of any Soy which might ‘oor flict with thee of that Jasiioe of Savreme Court The argument receives advitiooal orce tb my Own mind from ibe recollection thet my de cwtop im tbe first instance by the Supreme Coart of th! dimrict Upon more matore ri however, I bi ‘mn the applicaiion, the proceedings for the dooke ard B ie placed by the whe Jusuce of the Supreme Courtand the first Judge of iby cour'; ebher ope in acting acts only 9s a magis.rate out of cvurt, aed the decision of either is pot to be re garded as dhe declrion of the court to which he belooge, ‘but of bimeelf, individually a+ a magistrate merely, an cet ot ® covrt Nor can I supp se that any magistrate ould for @ moment entertain the opinion tat any want of What comity and respect which ts due to his decisions is sbowp «hep apether magistrate discharges a duty mate obligatory by law and from which Te cannot tenes vat exporing Toleweit to the bigest censure gart | should ye thankful if tbe clove imprisonment of a + ‘any other magistrate, { cow, \n.ea of my errors, should by his decision correst tem ln \he case of tac reople ve Yates, 4 J. R 318, and 3 € 64 KR 883 Wapyeared that Vater was committed by the Coort of Ubanoery fur contempt, and was discharged om habeas corpus by 9 of the ¢upreme Court, and Althorgn bit decision ae reversed by (he Supreme Jourt, war affirmed in the Ooort of Evrora by a large vote ‘mn that ose also, by m #econd commitment by the Gourt of Cuancery, Yates waa again discharged from im- yrmemme.t by (be saine Judge aod altoough we Chaocel- vor who bed originally cowrmitied Yater fOr the oan emt, aoted ar 6 m of the C a 1 of Errors on the re: iew of ihe case, and complained of the powers conferred by the fer or magisiraies; ,et he never ventured the ion thet such magistrates were bound w take \)* rior tribunal aod -efuee to toerfere. thet seb eeolsion wae erroneous, We Oreer, Sheritt (12 Howard P. Rep 680.) as ehowing ihat the Justice of Supreme Covrt refused to reverse the decision of « General Term of (he Comm n Meas, waere & perioa was commited for @ contem: in that ease, however, the qaee¥on was one of practice in the Court aod the rules of feo aro within the power of the Coart Where toe Term had peitied by thelr decision what the sala be 16 Could Bot with propriety be the uD of review on habeas corpus. ja tne cave of Yates jw ge Bpewoer referring to the righ! of review rays, hoe been ‘numated that the Conrt of Chancery as Of each Ligh joriwticusn that ji wae incompetent fora Judge of his Court eliher to intermoddie with tts or queeton the legally of ite proceedings” th ail due deference for such an opinion, I camnst gubscribe wo it. lo every case om baceas cor pas, the role inquiry ought to be, soner iogally or Ulegelly ip custody; and not whai Court commited num” He airo says, “ik will readily be admitted that ta reviewing & question which bas been passed uana by one 0 the bigdest jucieie! characters in toe “tate—a qsextion Bvolving a righi to exercive x jortedictinn claimed by tha offoer—there ovphi to be a Ubora! oourtery; it abovid not, be indulged eo far ax vo load to cativer of anoiber jadicial department, nor w the demolition of persoual liberty.” (am confide it ne earans [Moe Who CoNdUCtEd the proceedings in (bin case would 0: thus Limit we of magisirates on ible #rit, and would bo more authority for pis decision thao the reapect which \« oatly due to it, both for bir personal cha Teeter anc bit sition There cam, | think, be no doubt Dat magiriraie thus called apow by the to deride as @ the legality of tne \mprieonm at of @ cllaen is bound to SRamive inw to case submitted to him, aud if he hecxmer Sonrir end on Fuch examipalion that the imprisonment ir ansothorizes by law, wo cischarge auch prisoner, even uho. gb ip such evar vation be should arrive at @ coacla fon diferent frem that of tne committing magatrate. The brings me vw the question of jariediction, and upon whe views that may be enurininet of we sunstruction of the rtatute under which the oritomr was com niited, must fest the cecinon of tue question Ii \* conceded by all the doupee!, end toe decisions are uniform on the eubjmct, that the proceosing for We delivery of books and oapers’ oan used for the prarpawe of e ug the title of any gee to the office 10 which the bots and papers belong This cao ooly be done on © quo warranty The right of Govover io ibe cifae of Sire t Gumenisstoner cannot be affirmed by any dvaision mais therein, nor would the dist of Devlin be ie an manber invalilain! by on of der wo deitver over bork and papers in aie poeasion Nor could the proveeding, im my judgment, be wih any more propristy resorted to for the porome o darren two claimacee for the same offic the time being bold the booke aot pacers oti it decioed who i the party lege'ly eutitied to te vitice and ite wrter anonn Maisto # not © be re forted 10, w give 1 one & CONrO! which in only to be obtained by takiug it from the other, The murt re eettie di* petiuen cap he “pp..cant ehows ettber Ubat bir o i toe apfloamt is the Fico, acted apon. and whore tn tir or befure vmyiaint of 10 the office ie dovbttol of that the person from whom be lvory of (he bexks aad pavers also ow fame office either is in ® pasidea by which he can tae from Ue other soake and papers under thi: *talute am such successor Wa eamb! auch les ws € defective title we ofice claim n elsion of A> Jastice ae ver intented a direct proouedicg for ths pur t pune of Juerite Broneon in tae eoph * ' SH 615 when a0 sage e fn inure ecblinh ie tile to the office by ® direct pr aod tho fis Fight to the b waa mat or oF r a truth tue dork, be me epply to's dhdge and be put lp powestion ferent conclusion The liberty of tae citizen | render of | statute in qnesiion has orcer mayed tor, ples the title FS applivant clear free from reasonable doubt; that oes Judy contidered that tre fact of their being anoher claimant for the offe, and that the Ju gee differed in their views of ihe claimant's title was cient evideuce that tbe claimeuts tile #ar not free from doubt aod denied the application. Yo, alao. Judge Willard beid im the matter of Carpenter in 7 Barbour s hy OT, where he +1 “If the petitioner bas no ttle to the other ohjectivns aro superfinous. Eve {f a reasonable joubt exisred as to the tithe of the offixe, Judge at chambers ovgnt not this summary way to die pose of the question.” proceeding was only intended to nrewide for cases ae by applicant bad @ Jacia title to the office and the vefendants were clearly incontestibly wrong, and in the matter of Whiting, 2 ier Dour 8. C. Rep. :! P '618, Justize HAmunde eave if it coult be made to jat the Gvvyernor ant jenvte had po Piebt onder the eovetitution t taske an appoiotaent, then ‘com; laimant’> prima facia right to the porses+ton woald necessari'y falitothe ground and his @ plication be dit mirsed 1 refer to these decisions as betug all made by learned Judges of ihe Supreme Onurt aa to th: ir powers un der this starute, tp all of wbich they agree ‘bat tne stainte was only intended 10 be used for @ person having a clear aud undoubted title to the office, and not where the clemant's tile to the office was d.uhtful,or where more than one cla'med a right to the sossession of the books and pa ers dy virtoe of an appointment to the office, It is pro: er to edd that when tho e qnestions depend apon matters of fact to be proved before the officer, his decwton upon shen i+ conclusive, aad capnot se reviewed by had as corpus. With the decisions of Judge Peabody on maiters of fact, T cannot Interfere, and over them | possess no power of re view. [tis only to the paners submitted # him as the foundation of the proceeding that { cap jo K in thin inquiry after the juriedjction necessary to sustein the warrent. If ou those proceedings it appear that the claimant ‘s not entiled to maintain them, | be juriadiction fails, It bas been urged that color of title was suificieut to sustain juriedicttun, and to some exten I concede that role to be proper If it appeare by the apolication that the claimant had been appoiated to the office, «nd was io Ube possession thereo!, and it did not appear that any other person cla med to have a right to the game offlue, such & State of facts would bave beon presented to the Justi se of ‘tbe Supreme Court, as to give bim su-hority totestitute ap inquiry soa me same, if disputed, by taking toa t- mony; bi éechvea thereon, whother erroneous or nxt, could hot be revies ed, except om @ certiorari, and a Judge baring the matter before him on habeas corpus w. bownd to remaud the prisoner. But in this claimant not « ply sets out bis own title to ths office, but aiso shows that the; arty in possession of the books papers claime to hod the oitice bimself, by virtue 0’ Spoointment which at .east shows as much color of uile ‘hat of Conover, and upon the face of the pspers presen: e0 to the Juoge, there aprears at once the defect watch all the Judges above referred te have pronounced to be fatal, viz: that the claimant has aot « clear title to ibe ciice which he claims to hold, and therefore cannot obiain the order for the books and papers demanded. The Judge, tu his views of the construction of this statue, seems dispored to exercise tbe power conferred by it in Bcace having less right even than color of \:tle, for he says Iam inclined to go further toam those canes, and Jimit tbe applicaiion of this proce sd tpg to cases of possession merely, tbat the question of title 'd bot be tried at all, and rat the abdstrac: right of the piicant s unimoortent where possession ‘s cleacly shown. Such a view of the act is directy at varianve with the decisi ns of the judges to whom I have referred, and capnot, in my judgment, be sustained. If {t be cor rect, {t wor Id ailow auy one who obtrades himself into ao office to obtain on of the books and noes of tae office without right or authority, and deprive the ablic thereof, to the great vag bh manifost injary of pa were-ta. lose who Ad only bee the perron iron fart succersi: n his title to the cffice, it becomes aeceesary to inquire wne- | ther the Goverpor of the £ ate Possensed the power to make such appointment. If be did not, then the claimant showed sMirmatively that he bad no right tothe of- fice, but was s mere intruder and was not entitled to the books and papers which be sou, bt to obiaia. while on the other band. if sch appointment was legal, | Mr. Conover showed good ttle to the ollice, and showed | also the pomession of it sufficient w give the neoosvary | furisdiovon. The office of Street Commismover base | | Rew ofiee So long ago as 1530 !t was recogt zed by ihe ordinances of the Commen Council of tue sity of New Yor uncer the tite of Street Commissioner. (See Revised Orui om ¢ & Sen eee 1869 oe de Tae Street Commirrioner waa then a mere city officer, established ny | the local authoritien, object to their control, discharging bis dusies solely under their direction, limited to the couaty as to bis powers and duties, and deriving bis compen:a en from the city tressory This office was mt menvoved wp ibe various charters granted previous to that of 1H. a the charter of 1530 the Common Joanci! was directed to organize and appotnt distinct departments t> traneant tho exe cutie business of the city char er,1890 (ec 21, Vav.L ofN ¥ .p 202) y thereafter, tp p reusnce of seca provisionr, an ordinance Was assed Organiring this Gepart ment under the ttle of the S.reet Commissioner's depart 4 plactng at ite head tho Street Commissioner 1839, depsruine May 9, after which the ordinances of tne Gommon Covucl was couinved by tbe ordinance centinned In force without being re ena ted trienoiall , a was formerly recoesary In the charter of 1849 the to artmeni is cootiuurd wih the same title and the «ame officer at ite bead, but wih enlarged powers— (Se charter of 1849, vec. 19' Dar. L. of N. ¥,p 207)—and by an ordinance of the Common Council, pamod May 39, 1849, t was reurgatized Bod the furmer ordi ‘This office of © reet Commesionar, we estadl-bed by the lommon unc! ity offen, was ine cxlrtenoe of ‘be office i# recognized. (ee laws of New York, 1844, eb 246, 1841, 0a. 170, 290; 1843,ch 2% ) ‘fier 1849 the oftive hecame elective, Dut the same ofloe Was OrDtipued wil inGremsed powers, Ani has sO rem ed until this time It most be appareot from there fact that the office of Street Commissioner ax @ purely lov office onder the city government depenaing for ite exi« | tenes op & corpen tio ordinance, and fo- twenty years ant ba ‘ng no ether rource of existence, Dit as seb nized by various acts of the Lagisiaiare, until it wae ¢rmanent by the charver of 1549. Toe at titi nwo © of new powers and duties did uo chaa te wer 1s eti!l remained @ city office ae orginal ertablisned, calling for the performauor of the dutier orig ally charged upon it, imoreased with the grosin cf the city to lim prewent magal tude and importance, but to other respects remat the rame offies Sowiaining ruc a character, the provi tions of the 10th article of the coasutudon, reniv 2, Apoly. requiring that all i, aod county officers aa other: wire proviced for the: ein, by the loca suthorities as econ must 0 reed in Ooonection with the 2° secon, uf the tame article, that confines the appotatmen: of jonal office# \o the Joos! eutborities and when the Legilature is required w provide fr Bling vacancies in uffloe they are required t make such provisions in the mode and by Abe authorities to whom the eppstptment of loca! offloers ls w be confided. it e bot pretended that down wo .1e your 1540 any power exisied by which the Governy of the State crult make an appointment of Street Cimmis- sioner In that year (inwe of '49, chapter U8) an act was passed author zing the Governor’ w er any vacan oles should cocur io any of the off}oes of this Sam, whee made by law for Giling the *ame, vo fill There are 1w0 objections to the application of offs this statute to the Street Commissioner's One® that it t# pot an office of the Sate. It le an re. comnized aa @ State office in the Revised Statutes, (see vol, 1 R. 8, p. $9) rae designates ao) clans toe the variout offtoes of ough in existanoe at the time of parting the act, and i* not im any rtatte reow Dized as a stave office The second objsotion is, that by the constitetion euch ao officer oan only be appeinte: by the loeal suthorities of rlecied by the people. aod the bowe- tw make tbe appointment cannot be resied iu the Governo-, The opinions of the Judges of the Court of Appeals, ia tne late cane of the Polioe Commissioners, comondes ‘his wy ve the case rgard w city offcers, without any A!eeent There is alto furce in the objection the state only ao. Pliet to elective officers, as the period for whicw auch ap: Poi tee can held offlom wnttl (be commencement of the Year afer the frst eieotion at which anob otfiver c-mlt be elected. If the omioe ix not eleotive ini provisian would be & nullity, Bat even if « comurary const-uc/on might be given to the act of 1849, | am forced to atopt i Conclusions that, by the charter of 1867, other provisions are made for the appoinimect of this ofiser Ay the 1%n se tion it if provided that the Mayor, Comptrotier and Counse| shall be eleotet and the other hea’ of depart ments thal be appointed oy the Mayor, with the advice su convepto the Bard «f Alvermen Coder any ondine y constrnetion tite clause « on to the Mayer ena Brera of aldermen the yower of apgototment 3 tlt #me urged that the power so on ited is only exersieed oy the Mayor and Aldermen elected une or that act: To not eoneider cha: ter to be 0 imitet =) moat be remembered tatty Uhe 64th Feo ton All other charters eroept the Nongan and Montgomerie chariere are rep aled If the prwers one ferred by tbe new aharter are only to be axersinad hy officers who © ay be elected ander it, we are forced to the copelurion that there tx no authoriiy’ for any o&y govern repeatedly reongnized by the Lagiviatira as ia oaist vor under the city government, although aot provided | for by apy statme In 1890, (see lawe of N. Y, chap. 2) the street Commi-tioner was authorized w ell lanés (or aeecexmens, ond from tne (ime Damervus ac # may be fonnd down to 1849, In which | ment. Nis sbe Shu seston Se prapen officers wen 2, ices, but, unlers or this etm of 1867, there can be Bo other con’ tee Legialtaie intended to confer all the powers moder hy for therein, whish are Dot expreerly probibited on the oflcers so continued The ar memt OD the oart of the respondent in bat the power of of pporptment conferred by geo 19 is confaed to the Mi wnd Aldermen to be elected under the shaner, and those tn office If this be eo, then the same argumen! ap- plier to the Aldermen and ‘ooncitmen, Sec 2 reats the legislative power in the Board of Aldermen and Counct!- men, snd sec. 3 provides for their election in entirely dif feren’ districts from thare now roprerented by these offi Gers; BO more Po» or to act at this time under the charter iegiven to these afficers than to the Mayor and 4ider nen ip regard t app: intmenta, the esme section which oentinnes the present Aldermen and Councilmen continues the Mayor in office. Unless they cap act nnder this ehar- ter, —- during the yeer is nullity, and if we Common Co neil can act and ‘perform the duties provided for in ‘bis charter, the ht belongs to the Mavor and Bosrd of Aldermen in regard to apoointmenta In ow of Mtr Justice Roosevelt on one of these onsen, he gives ax a reason for refusing to interfere by in’ jupetn, thet the Sreet Commissioner might be re moved by the Common Conncil, or by the Mayor and Aldermen, and he refers to the 2ist section of new charter, as authority therefir. Although be overieoked he flat section, which prohibited euch removal by the Mavor and Aljermen, atiil it shows his conatruction of thst cbarter to be that the present officers exerciae all the powern conterred by it, exoapt when othorwise speci :Ity Providea By the 20h section the O»unrel or Vomptrolier may be removed by the Govervor, and the vacansy \s t) be bile by the Mayor and Board of Aldermea, Should ‘svcb removal be made duriag the preseat year, the city would be left without any suvh officers. if the constra tion oon ended for by the reepondent’s counsel ia the correct one Under this charter it was deemed neces ary to provide to nection 51 of the charter of 1867, that ce -taln officers there Bamed should not be removed during their orevent terms of office All other authority to remove them was ex prexsiy repealed by the repeal of the charter of 1849, and Be rower of removal existed emceot that conferred by reo lop 21 of the charter of 1857; and yet to prevent the Street Commi:sioner and other officern from being ro moved under that rection, such a provision was thoaght maoeenasy Tt may besail that soch removal might be after the present sear, when ® new Mayor shall be aan ‘Dnt the provision is’ gen‘ ral and appliés ag well to the te'ma for the oresect yoar as {ir the succeediag ones The 321. section also shoe thal the busincce of the departments was intended to be car ried on onder the new charter by continuing the exivting ordinances in force, and making them \o apply to toore derartments. Tkbas been said tot those ord. Parces provide for Giling vacancies thereio, and therefore apply to this officer There may be weight inthis sug restion, but 1 refer resting my construction of this char- ter upon the broad ground that the Legislstar: never in- tended to xiop the government by repealing the old char ters, without conferring new authority; but, on the ether band, when they repeaied the char ors of 1830, 1849 and the amene ments ‘hereto of 1851 and 1863, and at the sano tine contipued in office the public authorities, they {tena ed that the!r powers sbould be exercised in conformity to the new charter of 1557. With there views, the-efore, | ado; t the conclurinn that the Governor not only obtained pe power upder the act of 1549, to appoint a Street Commissioner, but that ihe power to make. such aproiptment in case of vaocaacy was con ferred by the rew charter upon the Mayor and Hoard of Aldermen, who are retaired in vffice by that charter, and whoee powers can only be exerci ed {p conformity there with I bave, ip the examination 0” these quostions, coma to the conclu:ion that the rocee ing under mich the the pri soner was comm! ted was not one tn which tl bad Juriadiction , becanse the pe son claiming the office valk ‘sppointmen’ Upon the face of bis papers that his t was un suthorized apd conferred upon bim po authori take or bold the office, and because he soight on the tbat as the title of the claimant to the office carnot be tied and adjudicated im such @ pro re opever intended that it pt im @ case of a clear ‘and upd! anpoiniment or election, and that as thes fact spprar u on the complaint submited to Mr. Justice Peabody, fur ibe purpose of giving the jurisdiction neces: wary to moipteip ibis proceeding, they party is oo some act or complies with some order, the formed or the order to be complied ba 4 om be suf ficiently specific in ite ve doubt as to iin requirements tin of the borks and papers de mandad cannot 1. apprers more clearly from the fact that the stature 4 to asname the reapoartb! ity of or tf he do, can be execute it by eh ho thinks belongs w the Street of the Bil of preesly provides that no search warrant cen tsene vniess it particularly describe the place to be aearobe d and tbe things to be ner: I+cn mo reasop why this eeoting {* Dot as app'ieanic to arearch warrant ‘or banks ané papers Yelopging to the Street Co:nmisetoner’s office a: for any otber proverty. The warrant to commit end the search warrant ahold be equaly specific tn dorerin. ing the property In these conclusion | may have ‘if. fered from learned Jo.iges who bare expressed opinion: ep thee questions, and |! | entertained doubts upor them, T ebould’ be di pored to yell my own jadgment to theire; but I feel, aleo, that io all cases Lam oaled apoo to form my own jotgmen' der rived. [have the satixfacti-n of knowing that any error can be corrected Hy annther tribanal withoat injury to the of the citizen, whore imprisonment might, under the cir- wwmetances, be perpetual. Tne prisoner’ mast be dis cba ged At the erpetorion of the learned Jadge’s decision, which lwtened to with marked auention by «nu nerous bat tover cro de1 andience there were warm © xprersions | of appromaticn, clapping of bands ans dug of the fest ‘The Court and ihe officers oommanced silence, bat the ap | plaure only died away when full vent bad been given to the fee liuge of ibore present Netthe Mr. Field nor Mr. Noyes was presoot, but Mr. Snelver, who represented the Conover mde of the casa, gare oo lor of ap appeal from the fecisiop just rendered Mr James T Brady asked the "if tt wonld be son erie t to hear the argement in (he contempt case agatost Conover ano others, on Seturday, or would his Honor wish it ret down for next ork? The Court raid he had given op the private arrange meu which be had made 1» go in’o the countrr, ia order that me atiend to these matiers of publio imtereet, And be suid he ready to proceed on Saturday vext Wr Devo wae ogra’ by ‘shoot of triewda oa be deliverance offs, and axrort ‘onover, the Oomminsioner pro ‘am , mooEN hw lomeo somewhat koo#n to farnd— James Irviog, ft, George To tereny, Wm. Goodheart and Pat viz Meirepoiian pice oillcers, Constable Fer righ, end @ DUMbC of Inerer sare They wee, how ever, dcomed to *i-apyotatment se] bad pot the remorest ia of roworting 10 violenoe; they « determined w bare porseasion of process of the Courts, aod signifi ented shat Mr orover ant hie exsontate de- wroacbing contemy~m case n Opd theme 8 the poition—unilar we of the Sheriff—from which Mr Uevin hed jase ao hoporadly and triumphaut!y emerged. APPLICATION PUR A CRRTIONART SrPREME COURT Before Hon. Avo. 5 —Immedistery afer t on of the decision of Judge legrabem in the Court of (onmon Pleas, counret for Mr Covover apprared before Jide Davies and auplied for & certiorsar! to review the proceedings of the (om aw Plear ip we matter of tbe hanens corpus of Mr. 1 vlin The Court cepied he appli aon, a* beng ee parts, and counsel for Mr Conover mated ‘hat he would aolify the cAber tide and rete ® bi® movion op Satu day The Judge said that would bea rea-noanle time. City be tetlige Rewonen Extermeste ay rie Barren | Cerone of iwaly we Ono Mr turrounded by « powerf:| Cope of wil wire Tom Ih was rumor 00 yeatercay inthe city ‘bat agouci+s were about to be or had alreedy been, ostabliebes io ible clty, for the pur pose of eulisting men to verve io the Britixe Kaw’ Indian mor bat had a sort of *emi-off isl confirma the war, The ton, It it anderstood he parlor thas engaged are known, and tha strin © a Kepton ‘heir movements, #0 they bad better taceatimely wanicg and dest, a# the Iaw will be stricrly eaforced in every ease. Aur Lanrs © THantem.—The committee of the Board of Onunciimen held a meetirg yesterday w their chamber, to leary the rertiments of the property ¢ engea of Harlya and Yorkville, im relation to t1e introduction of atren iampe lighted with gax above Seventy nin'h etront The sew Barlem compa y bave Inid their maine in all the principal #t ee, an are prevared to aot ant Hight the ‘ampe as toon a the Ormaon Council hem to perform the work — A larg: dente of the opper end of the ivlend wire prevent at the meeting, and pot @ volne wae raixet in oppa@ition to the measure Some jitie dirousston in regard to ths a ditiepal tax Which would be placed upon the rope ty by he intr duction of gas Inmpe took place, but #hem the chairman of the comm! te gave the iefor nation that the tax war general, oxtending alike to all parte of the city, the quertion @ae brought t a clove, and the sent menw oof all present seemed to be in favor of the gar We un derstand that the committes are prepared to report favor- ably apup the question, “4 { public interests, and if it exist, it is in favor of ihe liberty | NEW YORK HERALD THURSDAY, AUGUST 6, eee A MAN FATALLY - WOUNDED BY BURGLARS. wees ry Desperate Howse Breaking Case et No. 74 ‘West Bighteenth street—A Biacksmith Batally founded in Four Places while Attempting to Arrest \he Burgiars—Invest gation into the Occurrence by Alderman elmer and Coroner Perry—Chace Afier the Alleged Burgiars—Arreat of Several of the Suspected Parties—The Whole Affair Envelopea in Mystery, ac. Yeeterday morning, thortly after one o’clook, and doring the tempest of wind and rain which was in ity height at that time, two men broke tnto the grocery and Nquor store kept by Robert Boyd, No. 74 West Figheenth street, for the parpore of roboing the store. the door was opened by means of a swine mason’s chisel; ‘the lock, which was loosely sesured, giving way enough, avd the Durgiars made their wey into the recess in the rear of the More, where one of them struck @ light wish a match. The | Doige made by the ecratohing of the match «gain:t the wail of Alexander Royd, a cousin of the who usually sleeps in a dark bed rrom at the ride of the recess ana nextthe Nall way There ie @ window tn the partition between the bedroom aud the store, an? tte bei on which Boyd lay faces this wincow. When tho match was lit Boyd saw she so men standing in sbe rear of the store, and being satified they wore burglars, seized a clab which was near bis oouct and opened the door with the tntention of attackiug and arresting them At thia moment tho ligat went out, and the »obbers alarmed, made their way for the door At this time the room was perfectly dark, as the burglara on entering the store had ineautio sly abut the door, aud cold nos tid ton attempting to teave. Boyd, who isa powerful, dftermined man, xprang at one of the burglars, when a tursle took place ana ihe feliw got away, Dut seoirg tat be was Nkely to be cangot, turne1 and ‘pre senting « revolver at Boyd fired four tiaer, cach sh xt taking effect 1p the upfortuaate man’s breast Tuey then contrived their flight, and ran dowa FE ghtsenth street to Sevepih avenue. Boyd, who was excitea and unaware of the serious nature of bie wounds, attempted to follow them, but fell on the eitewalk bleeaing profusel; The shots had by this time aarmed the neigh>orhond, ‘and Boyd waa soon diroovered and tak’ n back tothe house and room from whence he came The Sixtweath ward po- ice were immediately notified, and offloer Rowoh ent « porse of police were oon «n the spvi to ferret oui the per- petrators aléermsp Fulme> was alvo sent for and cid what he ould to disnover the mirsing burglars. Drs. Oooke and Haywkk wae called to attend the wounced man and drere bis wounds. They found that Boyd bad retired that nigh wibout any clotnes, a nignt pbirt—a fortunate clrcamstence for him, as were no pieces of cleta in his wound to produce infamms u ‘The phyrictens “ound four wounds on his cerson One war ip hip left breast 234 inches to the right of the lef: nipple and about one inon below it, 80 that the ball must bave penetraicd to the cartiiageous extremity of the sternum ‘here was another wound in the pet sile, 6 wehes to the left of the rignt nipple, and and another weund 3 inches from the aipple A fourth bail hed struck the tw» of the right nipple in ficting a flesh wound. None of the balls pencirated to a vital part, bus the bleeding was ro profure that it was feared the wounded man would dic from that cause. Ho ‘was still altve last evening, but not expected to survive long. TRACRS OF THE BUPGLARS. The police immediately rroceeded to trace out the ) would be murderers, and found wat they had left bebind * them, one a bisck cap, aud tbe other a Kossuth hat. The * revolver wae foune near the houre. Persons who wero passing ssw two men jump over into ap 0 en lot in Eqht- ewotb street and rp towards Seventeenth street The offi cers followed up the tracks and found » mason’s chisel aud & rmal) three cornered file on the sidewalk in Seren teenth etreet. But these articies gave no indication by which the burglars co. Id be followed PERSONS ARKESTED. At lengih the wounded maa described his assailants, and two young men, named respectively Edward Laa- ¢ragan apd Freocis Campbell were arrested on suspicion of veirg concerned in the difficulty They wore brought bforo the wounded man, who was ip an excited state of mind from bis wounds, and bo wm first thought they were nis assailanes. A cermap Fulmer sxamined Boyd 2 to the identity of the accused with his assailant, and took the fuliowing minv'es of the exemipation:— Q, Were they young orold? A Young men. Q You are tepaibie that you are a dy! 710g man, and thal this tertimony you give te in that belief? Ido Q. Is there aoyibing else that you want to sey with re- gard s© thu affair? A. No, bat that young mas, Lane. gan, sar one of whem. Q bind were you born’ A. In the county Mona- aq ‘dow re you? A About thirty. Q Did either one of them ever threaten your life? A No, m the third rd of Q Have you any rewon io deiteve that Dot am not eure of It; 4 lo the robbery of tals store on 3? a. T think one of war, I think thew were after my gol watch and money. Q Was this young man one of the burgiare?—(showing Campbel.) A. His voice sounds like sim, bat are bot the clothe . Yerte-day morning these mioutes were token to Jeffer ents thereia made Justoo Med toe scour d for th imi COLOKBR PEARY CALLED ON. Ae it war feared Hoye would die, Uoroner Perry waa called for to Investigate the mater He proceeded to the premiter, #here be fonnd tho wounded man conscious, but very low, The pritoaere wore again sat (or, when the Corener ¢9 amined Roy Ste we to thelr ‘ten: Uy The following |* the wounded man’s statomen — ‘Alexander Boyd, residing at No. 14 Woat Ex nweenth mreet depoves and say+—I delievo that [am lyiog in a very dangerous oondiiion, and chat I shall die from the +flecms of the injorien I received leat al retired to bed last wight about cleveo o’cl ak, | and foil into @ little doze; ia a sbort time I war awakened by tbe rors ing Of & match; I sa¢ a maa stanting at the door of my hedroom ith the mateb, which was Igwitet, ip bin band | fu pored that it was a barglar, termed over to reach for my clab, whion lay at my bedrice; I took the olab got oat of wy bet as caty ax Tooul¢; the man who the room | iD; when I reached the ovter ro.m I ea * another man; t F vor war cleed, aod the men appeared to be | tying to get out; owe of them setzed me around my bresst; I wat perfectly naked at\ tho time; 1 torned belf eronnd, when I felt te co of the filetol agsinst my brewt; I heard the roport of the piste’ twice, aud felt myself anor; the | men got out of the door and went toward Soventn avenue and | followed them two or taréo bonuses, when I fell; T | aw the man distinctly who it the mated, he bee oa lignt colored drab frock oot, be *aea young man of mic dle rian Ttbipk [ world recogaive the pers who lit the match if be hav t © same coat on (Hore the prisoners were drongbt before the woundea man, but be did not recognise them) I do not reovgnive eiuker of th met brought berore me a the ove w maton; Lave seen the men before; they general arrose | tbe way; | ave eeem thor eh larking about; Ido pet Brow shes thse seen ed to be more ae two versoss ta Ue room; they ere beta youn weer did ox aprak wort ac ihe time; Tthiok ihat | got ry one of the nen down or yarlly down, worn }e shot me; I am a diackemith, 30 years of age apa vingle. SUFPIO'ON ON OTHER PARTIR, From these statement of Bord and other circum. Stences, the Coroner was satinflied tai the ort bere were not 0 had comenitvet ing sno day that ry. the member cf & cerain target company in that ighborvood were mortly viclous young fell»waand no to aby mitonief. It was nnderstood that one of th ir num ber had heen seen near the house that ntent «ith plood on bis rlothes Officer Reach was ont to teach thie promises, acd found bis sister ned jas bean warhing » hight dra coat On luapecting thie coat drops of blond were fonnd open It, and tt exectiy anewere? the deverirti-n given by the wounded man Thit ovat was b 10 “be wanon houre, together vung girl, raid to be the inam: rita of the suspected The ortrait reprerentes dine baxem. hander ie The polios were on the track of this young man ail yemteroay aferroon, bot oowld oot And him. Coroner Perry war very active in the search for the oulprits, aad if they APe arr ented Ht will be thro gh his eforts THR HOLSA 74 WEST RIGNTRENTA STRERT Ine two tory frei purlding and the atore atvempted to be robbed in a ror georery sore The burglare were evi dently very green at tbrir buriness,prelee thet would not bave attem) ted to rob #0 re place, and bealdes they aid thelr work bor gling!y y Urat abut the door, which an experienced burgit nev sr doen, and then their atriting A Night peice was another binnder | Tt waa by the sheereet ident they Arrest on the apot. Ant to a late hoor lant wight no further arrest bad heen mate, Bood In this case proved himeerlf a man of great courage, And Cewerved a hetier fate than to he abot by raifians. THA NES aT MIDNIGHT. At 12 o'clock ove of our reporters visited the Sixteeath ward srecinct. In Twentieth street, and learned that two persons had been arprehended on *u-picion of know someting in reference to the burglary and attem murder «f the evening before One wat a man vamed Boyle, a Diackemith who had boarded for several years at the boure No 74 Wem Reroute street; but on ion it was proved he a be war diecharged. vo ere in venrch of tay, nro war alno taken to the station house late nigh, bot be o \cious ciroume ance against bim is the foot that he owned & light drab oost, that the wounded man thooght wae worn by bi msailant, aod thie cont was fonnd with spots of blood npon it we examining young Mineon last night, when our revorter joft The cave 'n exciting groat Intercrt the neighdor hood, the more so from tbe an ire my: by which it te rurrounced. Boyd, the wounded man, was rapidls wrettin, worse, and it wae doubifal whether he would live unt morning. 1857. _ MARITIME INTELLIGENCE. PAA AAAI AAAI . bom asm. oon oaT....... OnAAO 0 Fam seme -— Tons Onnistiana, July 1— Are Getlon 3) , Cows, July B-A r taraovn. Berry Ranson Brivtom 's YorR (and sid Eaton oe beta Hedwig, Mu AAR AARRAASARRA TOA RRR ARIAS “Port of Rew York, ees da, eke , Deis, suly 9-day & Kioe F Pie 4 Londoa Pune ipa, ama tok rn * giesneencn Kaneneee Ga dete - Ldtarpook—-J @ Dale. ‘Tet aig Aisi Hremen for Sicomenip ILinole, tes, gee, Aapinvralk— 0 Rovers felon C8 ia im, Pedils, tron NYoee 15 favornran. Steamshy Keanoke, ‘20—Ladion & ee ced by do Zim Sir R Ped), Jurgenn fr for + hip Mataro Valparaiso— A Enel a Ciner fron rleas ape fag bi rey re <n ae Von Gagern (| Weimnet tis Hamburg—W F Danenours aa 2 Ofibe swt, LF Gebuard, ‘Edwards, “eine Borato, Hathaway rape a martot—James ee oP dahy soared eer Probie, from ‘Ocean Pearl, Chandler, New Orleane- NH Brigham. routes, Corae Dantaie for ie iy via rotcetie a sears eg me a loo dacs ee ee red en eau Bark Cavalin’ Weaningion, avacca--.J Hl rower & 70. iwar, Seabolng Coe A veuv Jee Mame ei eee, Brig Flying Kagle, Cooart, Altern: ueboee 20. "arama, Grases Favana for Bt Brig ‘helm ina (Brem), How er, 'sguayra—Burehard & "a, Boston for do, 2k, Low Bees Vulcan (Br). Cant, iaisor, HB—D RB De walto, ohh We hla alla obi ¢ ‘rime, Hichborn, Pailaceivhia—Walah, Oarver & Faimovra July 23— arr vive tide, ii Tomalen bass sundae eee Lovcesren, Jay arr’ Jenny Lind, a Lleteids cf a , Hall, ‘on, Phila elphia—3 W Simpson, Boriett it Pong “ aeip) TH Santord. . Narsan, NP—Jossph Bo wrsasce Ohurivotoebolinee J ris en aes Peters, ‘Boston—Harrimen # Co, Ricks Lacy: Bowiou—M loa & Serezae, Boston a E 7 Pow Sten : . Bteamer ( oncord, Norman, Philadelphia. ian, Lb Joly 2 with Reamabtp Paria (Br), Judking, Livervoot, Joly 28, wi mdne and mers. 0 W Canard. Same day, passed ship Goesteas of ‘hog'emi bound in Auge aa) tom 1, pasord ‘8 cutter nteertn; we morn Naina oulors; %d, int «4 0, son 87 4, ex ‘Braty vowed Noun! BP Sats AM et af 26 lon 02.86, passed stsamanip Van ter: hi Hirelea bene: for Fonhampete aut Tavre: sume ay, at 9:30 AM. 1s! 4218 fom 63 1, passed steamahp Avaniir, dridge ‘eres for Lise-moo! ug 1. wind 8 liga! hrocae and cha y, ats Pat enpe Hae light aveama; ay ut 6:90 AM Int 40 oR 71 25, calm, wita dease fog, Usk a yi frou ‘be Kd Forze, Nola the P arrived Sif Sandy’ Hook’ on the 48, at camebip New York (ir). Craik, Giaggow. faly 22, wilh neta. wos Mosyinon, Rxveriensat sinmg first five Gaye, aod op the % b bed x July 26 signalized Brome ahig Fan- ‘ord, at 8:30 AM, gugoaized slaaimahip ato Pion iarge stenmahto oaad W; sug 3 M. signalized steamship ste ‘hence for Liverpool; same dav. .aws Bie nen ne oe +howipg & private Gag, beluga ble swailowlall md white o Ship. bon Quizotte (of Boson) Kiwell, Foo chow foo, April 2 wih teas \y order Sailed in co with’ Br ubip Girnooe, for Loncen Left Anjier Moy dl in go withbark sein eer, Town 1 trom Bin gapoe ior New York | apell 28 lat '8, lu | p Bio ae Mn” 2 2) a mn Saylor’ metalised wt Mandarin, henoe foe P, pacbange! signals wabh. eed ine earl es: Bib, spoke fr. shin, Thetis, trom rey for, Bourboa Ture 5 Int $4.45 8 lon 49 Ki evoke abip Jengin W Paine from Batavia fur Lone lat 348, 00 23 «spoke bark Vor bea bay Sisstow, Jul sons 1?—Arr Micmac, M’Natt, Charleston; Rome, Lincoln ‘dnaesexD, Taly %4—Arr Emily Farnham, snow, Livers ‘red apdeud for ‘Venize) 4b, tar, Mey. ad ok for York) O.d ob Marlon Hugg Genoa, July 16—arr Peatiseges Busty, 4 ere Re ni eee ta aries plo. Ve do; 38d. Wm Nels Sort ale Tl pnier, do; m Nelson, Chaover. St Nicolas, region, N hor; % i reemberg, M’Lellan HAmBune, Ju'y 16—Arr Hor ashe a) Tee Ith, bos. x 1 Main, Snack so." 8 Ria sir 1 Na:vton, yet Charles Smith, limewies ais rT vie New id from Coabaven 2 tb); 19h, Sop torent Mootsomery. Bio ater nivorr, July %0—arr amall*, Hetmayer, NYork; 2lst, C J Borgaieat Ber weichel, do 224° cenpus, 4 uKee, do. Livervoor July 18—Arr Ccesn Se le nelersn” Siar of the, ar Casha, Bb iRton Nie Ish, Galle yan Rae, drambtll, Wiimington ‘No. "aus, NoOrleans, YH Seraing Wert, bhoppy; Orient Henry ane John Park: Jobo, mB Gen beens, Cod Bacognek, ‘and Wanb, Wayne 8 z vee, Hos Qrinnes Zim, 0-Aa00e, ime Sr'ck, Bowbay ne, N York: Ly Of Bw a Herth ia," Hamilten, Lew! , t°rleane; Hortense, Barn 8, Charleston; Johr Ruvena, Otem d» Robinson, 24 kwmerald ‘ale, Corn ab ¥¥0 ke Baden, Jape: Wh Western Kmpire, Barlow, Boston. dla 18th, Weomnrg, Rrooe Fhiladelpria; 4 * Bebmidt, sews Niorks Ibe alien ane, waieten Brown, Caloutta; mera'da Mc¥anan, (alot ‘overpor Langdon, sine. Philude)p! tgp; Hib, Adelaide Bell, Fieg g Norledue: Marka, a. walasy, ry ‘hes river outward ig Mth, J G Kiehardron, Lewis, ‘Be anvad; a J d. Lhomes, for N sors; Unswores, Proe or, for Bos vm bn tor ey 7. Graves, Kestern Childs. Nhork: ‘Forest Gak July 16 for NYork; Mb «aloutta: F ying rend jane! axer bombay; smily tt Pi rre, Sew, for Sabie Bey | Ste. OP ee te ee Tessier, Charl son; 20 oritude, word, Havany; Voli Fr pn ema ge REF LA Mewar Brambult tania ion, ivy Geo mi Was P Gueuin tor Paiageipbin 71 dare 9 Binge. Boom: Constantine. wacudack, ,* Yor . ae 4 . "wayne, Prile ieiphia; Cham 13 epoae rhe Batavia. 72 aa) sont; * Fuow’ Sg ean a Gaanan Posteesd a q 22 Wat 83M, Jon ‘ie spoke D a Hoenn tor Liam brary: Jule A, Int 18, lon 60, oko bark Bn blem, from Kio ‘or Poliadelphia, Wdaye out Paared ropa be (The above report is Vez Inoomelete) abIp 1, 40 dave, with mdas and jas beem 21 days from ‘ne winds calms aod bata p y 8. Rbip Juma R Keeler, Alea, London, 41 days with mdas 81,4 188 pasneriern, te Crosby’ Tooker 4 Co, Hae vad light Winds aud osime nearly tbr whole tip Galera Leavitt New Orloane, tfdaya, «ith mine and 10 passengers, 'o, Wm Nelson & Hon Hailed in co wi h suip for Havre, and parted 00 July 29 lat an 10, ton 78 ark Nord smerika(Brem) Friederiche Hamre <5 dave wih mere and 265 peasengees, to # Bech & Kashar ts four deathe op the of Be Bra Jonnion Nenvias, July 24, with an- gar, © Yznega, del Valle & King hd drown, Carthagens, July 16, with ufo, a Brevoor Feontera, Mexico, July 12, with loi word’ 20 ag rere, Wonka: "Hua light weatner ait Oe Pir, Pred ord (cf Rostoo), Dorrie, Rrume. 9 days ty ut wer Windsor, N38, 15 deys, with plaster to masiar. My 8abao Brown. Cherr; field 10 days. yy D & Warner, Rtewon, Charl ston, 6 days with cotton ac to McUready Mot & Co Blake, Uharleston, 4 days, wh eution 0, ‘oeronton & Tallman: rs a mn B Veuita; Kennet es, Curia Oli er Mose, ; Simpson avd J P Whitney, Gray, NOrieans; f atin Fo Leiteh; New York, Kdwares; Arey. Sewell. AZ Green, —, 8 York; Ke’ of the Uce n, Reet, $d, Ruitan, abbolt Aleranprie, Bt °y Buhle La vevder Rombay; Cansds 2), 6 ssto: ant Hi Manhattan, Dizon, WYork/Old'thieson, Sem’ Franson LoNios, July 18—¥ot iaward, [.adon ‘Hur but, NYork; 244, Victoria, Champion, to. xin (reported Am) Parker, Buenos Ayres: 24d George oad, smerton nebea, Jaue Kimball M Lelian, ‘orowd a Niort, Queen of the Bast tie-iey, Quaweo 24th, ‘sate Maine Humpbrer, ¢allao Jwon ( ) “triton vork; har. Joie, Balisoury, St’Rtephen, Ni, Whe Star, Merriam, Bienl- ia 10 Old 1h © Grionell, Fleteber, Nvork (and ‘ld from Dead 12d), 284 Uriel, Foe! ér, Calor tin LONDONDERRY, Jaly 22—Si1 ered, Voriah, Philadelphia, Lisnon, July 12—8id, Henry rhe in mre, Ow: ry Mansmiies, Joly a'—Arr Rowiand, Rowla. NOrieane, Sid Harrisburg Wiswell, N ork. ese, Joly H—ArrY nag | rok Humphrey, Ontaniaa 81h Mariner Girgew Mrisovass: po dato Arr Sorning Glory, Hobbs, Liver- pool Newouna, July 104 Rhine, Harward, NVork, Sewrour daly 2—Arr Flore MoDovald, sianer, Havre for Ne rf sik. Vi Nantes, July &%—Arr previous, @ W Hall, Mowry, Obar- July 10—Arr Silver Key, Currier and Gen Knox, Boston, 22—Nid ("ans Davie, Nvork, re 8 ye addg-ione aa, chip Prestom, ‘na. John Palmer, Turner, Lioate. fens Beto Brothers aexorOwn, July 13~are ‘saldwin,, Bt Bohr Gocan We: Zs, ney Ming Throw 8 sinpae Wi, 24, Laney Kehr Moser ior, 5 he i ae sid 17th ste of mene, Bum jf Ci? do Nth dak Prost i> mes, from Darian Ga. = bwin Rare stl-n Knavelamyor. Work, std Ar > 4 Baisioe July'i—Art P ormiioue Rispere, and So for kellie, Antwerp. Sid Bb, Bit aad fu idan, Weat wit. febr Arent acca Leese Harding ‘sowoa, 8d ~~ man Morgin B e-antowo = Teathm Juy 17 “Sd seod sky Willens, NY ork. Bebe Tams Bay, May 10 an Wave. Mor-non, NYorm fen Mowe za, French, Marseil- 4 hens ise gene, irr Liar % John, NB, 7 beh Ocean Wave, Morr Beh rageport. lene of quarter deck and Bon Roland TERT ne Putin vy 8 00 om, Fortane vb Pilot how Wi Bandy Hoot, ar Baltimore, jonta a. ship Vy P tnt for Live rpeo! ra jun 66, Srem Jamo, @ days from Bremen ore. BEIOW. One bark, and one brig unknown. SaILED. Preamebire Avia (Br), | verpool; Indiana (Br) Land»n ae; eager (Br), Glasgow; [licols, Aspinwall; Kosooxe, Sor- ‘Wind daring the day from NP tw 8B. Miscellancous and Monsters To an it : Livaaroot, July 32-The Detianoe. arrives Day. euenn ered very ad rash fe 3 Aad 3 to at 548 lon ls 6 vpnong are aod man mass, aad dent one foot of waer per 01 The Rizabe’h Hamilise. arrived here fewn Now gncountered very Reavy wea.ter la ike Gif, and lost part oa earn, July 21—The Coariie, Howlin trom arrow, having. on the 1B plened uy ain Amerion ‘arare palo et aot too, when off Man, nd arith oemy WY and poines "38 O- 8 sone reg | 9 sppenransn of kaviag ate the ener, ano Maw sarge oxme Slaten ‘and several pieces of wreck. Panis, Jul) 3—-An American ship got oo shore on a sand } 1 Lear POYRD on the Luin inst Dat was assicte: of without mage ly 22—Four bales of cotton. two of them eB were picked up at aa July 4, we isle of Ban bearing Nu about Wo mies Ao Gave Lees nuded bere. Home Ports ALEXANDRIA, Ate tell brig schrs «has Whiting, 8 York, Sep, Fall River; Julie “stn jreome “lume, rir 1 W MoKee Krk coports R Bow. Poremouih; Wairie ind, Norte, Banx Howen—Capt Wiggin, of bork Homer, at Hoston (th, Fall River; J Y ss gonrbos |" BUsTUN, aug ¢—Arr shin Sea Flower, Weotvary, ROr Badapring sleek and rad four seat ot water uvthe hold” Bar | ieee; Parke Bi Hower, Wariae sau tne cyswader, Moore, dearored 10 retura to Maurtiva but was anablet) does | LeBuraon, brig Oremus, sater Phintelphie: Joe Wan wree dare under the len dartog which we ‘ound the leak in the auper Works; pampet ber dry, and bore away fur ime The cargo | some damaged. Brie Niaana—The U ® Conan] at Matambras notifies that a weber wv laden, called the Ningara had deified ashore on Wet coset abont Uwelve len usb of rand pear (he pn the local suihoriiien foe tae pre ndexsens, 0 be bel’ in rest for che notified of the disaster in a of Malemoras, under date of y the wreck of the brig Bingara 5 ndoard last Augnst op tne pas sage {rom Prov acola U Ha *, Arannon, from Boston for st John, NB redone peor elit Rock, Hay of fa dy she ovat erably Cameged Belief Ras made another \o effect’ al atiempt to grt her off Sonn Ravan of Rucheport. from Palledelohie, tr Bangor with coal defure renories ashore on Robins. 4 Rl too, Bap, woe wi? Slot aN ansh’ tay, tor SOB) sulk, Fgvlon fed @pare ot heinde’ She lee to pmition wih ber ber atlow tian Her cargo of By wow me time for 60. feet onder # coal wae Bo dwt Lo oun -Propel'er star of the South, yout 990 tone, built years ago in Fhidelsnis, aod for two or three years has ed in the Crimea bas Deen sod for the Souhers trade fr Whaiemen, ALS! Vincent, Cave Verd intands no date. h@lattier from Gapt Brown), Benj Franklin, of Fall Kiver, with 178 bbls ep ou on board. Spomea, Ship Ovcar Harding from Lendon for Hong Kong, Jane i6 ae Py jon 4 ship Horabargh, Oates, from London for Valparaiso, July 1, Jat 38.02 Blom tsa Logs rae Weeds, from Liverpool for Oaleutta Jaly 8 Sbip Panama, Hensen, from Bordesar for NS York, Jaiy 0 A a mete) * Hark Bae = Richmond for Montevideo, June 10 ie ty = a, on ow Bark Raltimors for Mootevt vm Jape Iath B65, lon Tt We 10”, from Livervoo! for Havana, Ja'y 9, deo ard eam » mate nad die) same day ‘Oak beuse for Urverpook Joly 8, iat 42 90, Asien, May T!—In port bark Joh Gardiner, from Ainge. pore Berry put in DOr! to vat RAM day, to ARTHAGERA, Joly 1S—I0 A Frost, for 8 Yors ane: Moselle, for Rr Oh wtih al hase ook , for do noon; Winthrop, from Sa rauiia jam arr to worTETOWN PRI July M—Arr sohr Milo, Molsunc, 8 Merion, gu 19-Wo Am veanel in ort bark King Joba, Brocklebank Wevvrres, July paren " Owen Ray, for Now York 28; Ty ian Gein fords 1 Kea for do Pruner, Jaly &—In port brig Orown Bye %—ClA sche Gui Stream Godt ey, NYork aly Seakrr brie Charien, Ouiborign, Work eindes, Mos nie do Aug 2 #iip Apeed weil it alarm, Mat bewn, Loo’ eta Hoy hy Henj dasen, pol, Alarm, Matthews, ” ve uirerpool: Weraid, Dublin wth, Antero” and Meridian, | 1 verpuol, Prise var, Corky bark & Ly Sryan' Grimsby; 3 th, ship 0 United Biates, Bonner, Wonton; brig Kober Keer, | Alex St frernen NH, —Old brig farab Thorndive, Low, u Matansne Aug’, on many oo ne Laver yoo! Greaeenir Penta Anrwaae, July 3 ps uy Bree a York sid 2M, Or on daten Wi ld of the Regiment, ‘slover, Loneon ARCHANGEL, Parert ENzabeth Leavitt Knapp, Port ALpronove, July 1&—Of brig “atherine Johason, Cran of Ry ore. trews alos for Monte vxtco Poet st, July Arr fubitl, Tiley, & Jonn, A, Eaters: daly N—Art Dosis, Bilidtt, Sau tl, ac Sonn, wR: 2M. Robert, Gartar, do; Zu ofthe tease Hoge. 8 vork. sid e 2 for Glox ome fertet Cole, Bhvedi bag Waban, Paine, from mv oh: egpolbnnyy = AvRN, duly B— Arr evelan willmene: Or Weeaele And Adonia Momma, Rain Yorn. Orieane. id "6th, Phvee 5 Ru, Argo @), Berson, ia Mo amnion, bie inoher, Kio per. ane ‘Cola femcke Ha'timere ; Meindard, LS Mew, Jaborg, Nyok; Argo, Panisea, Philadel Founeatx July i6—Arr Riot Brenton NOrleans; 17 i) Bewnll, Merriwn 1) 2th, Mary Hein, Baten Roge 24, J A Hineaen Whites, and Trajan Cova, penmnona. July 4— Art lgnacita Arach, ( harleston; Pope, Beltan Ravanoan, 10th, Palma Wire Unarienion; Lith, Gov ero Bubba Smith Savennah: 4h. harlowe Lagana, © On ina Hid Nth Ridin Kendriok Hoaton, mexaroe, TW, dily Acme the sary 18th ts Balenteck, frome Overionten 5 ive BA Qn ton Finad vie ie Unnae, ‘from Ft Petere- m duly ie Ot, Rialto pura for Brit Wai vey Howes Ralumor ; rchy John Frederick, Ht ingn t Perry Pivladeobin: wew Vora a Pavens; Stlver |, New York; Kate, Ski tnore do Od sbipa! a rit Rrving, AaDning, Valparaingg Mun Hinks Cinugs 1 vow O Foo isloe, Mitohel, Keune bunk barks Mel's, Polleys Manoa! | Ryder Phindeiphis hres konvier Ceownll Philedal Phin; Oeean Travel er dargeut fo; eebs ou an Mogere, Mt | fond nnd ite Point te vlan, Mea hin, “bil deitotay WR Meliler, Crowell, doy We 9 moe, da; Ameriony welle, bane, New uae « day Syivia iB, | Keen do Wid. wind B4 shto Onrea: Revine: Sark Fann: Fair; brige Lizabel, Sinck nwaa,actm Bare Leiand are NY ship Fusiand, Post, Chart You | ae Phone srirticg, Montevideo aud wht BANGOR Ang }—4rr soy Lrg Wm Masson Gardiner, Acne (ir) efata, Rhodes SVork Old tro LFAST Joly % arr Vimorhe Coy by, Harding, | Philadelphia rchre F ying Arrow, Mila, SVork; fared | Sagsih. Biter, ARISTON, Aus ar hr Sytoh Holly, Poot hewn KDGARTOW reshig Maran Moreh, 1 ‘or Valparaiw, sehr dard, Wood, Avg 8d prev rchr Hampton, 5 bo W Pell, Dayton, Port Fa 1 RIVER, asad arr eche Dall Been wine, do Fo wie, Ate t= Arr sche Jon Lp brand leet, Port Ewen HARTFORD, Ang Arr gour John R Fri, Campbell Moa Lm Fuly 22—arr brie Jehowne Step vena NOrleane, REW ORE ANE, i lomm via € ARAMA lw Ao, < Laonewr (ey 4 ‘0 Sawyer, Nasa Bo” Ralve shige Oebrge Breen. Pairbanks, from Livet Ont AB Aeliory from Key * Oil echre Barad or lett, Raunders Saat aod Qaew Denes; Red Fon. Sbivn Tempioh, owe! to sem 25D. ahiow Ar die “now, joe folmes cart J Cortia pris D Melony a Jeboened; ‘tat on Contes"; arr schre Rea Wied, Lopes 0 Van Wane, Ps | e' Com merce Daniela, ant + BREW SEDPORT ay 4 tn yy ploopa + ring Sid sicop ‘ac le rabble, mary Om eGR DUN. Ang Sil bare ‘hamind ¢orwh Ofton. 0 Hm AVIAN, Avg (- or sobre Anne © Macon RoW Srenton: TWilyer Rilvabethport. Sid genre Aare beim, ard Teotee irk Narn, ein Pro LaAD «© 0 Ape bark Venoe (fr) Artley, rietelin iawener Bovina; Neston. al tect les agar tanga baal : Th, aul on ; Kmpire, Martball, s cisia; Yeussmmpe, Wooster, Basivort Playa, Potier, Provicence: Gian Widwer. Pave, Province town; James Karras, Dav 6, Boston; Uharleia, smn, or! MR Carlisle, Wines Kast Ureonwich: (7 Webern, Sand Berrnchs 0, Stephens. ama Golding; Aud Peroy Penateion New Lon iw Maris, aver: Deller. Gandy Provider ce, don, kilsh Temi b, 4 bay Re bury gort, C4 law at 0 ® Foster, Foniar borten Hato sar, Churshtll, Ant gua Gen tian Pot Reaver sd ; loyd, Porver, I 2 tarratt, imvia, b omerbride ‘ a eit veraghe tee So agers: BF amith, Papton; N Kerry, Pead!-tom, none, Going. Pro iidnes: Pe: ay vow: Julie Maria Bytom Newhury- Bowen, Lae iavlor, bye a Ver waamer Wantnenpors, Berry, York: by ‘i, 4 Ls GM 4 aver rn cone 2 nt, a. Weaver, Philadelphiay Heory Casttof, Sugd~e, Pon Ewen, so nom, Hac PP RELAND, Ang York PROVIDE! adore Pak: = it Werine cor alowwe, Velauee ine, Ne cark: Rienst, eiees penny Nsw, Warvour, Port oe NOR Are voahes Valin Teoria an ned fr do & " amt Kingston i " hele eranin” Pleroe Mwaneaa, nee rate + nme Pnilanetynins * aohra Rockinehem, (ail" a ; vations phone Peony eh rs Verna Vannes: Mary beth BIEL LBvencer | snewad aan 5 i i 3 Bascomb, Hand, I'v. ndelphia; 22, Ma Weckasnar, “Botte, do lonta, Dis, > am 06 Waerdury, Coos, 3d—Ard bark Ton PRiladelpbia; Globe, Bulle, § Yo: