The New York Herald Newspaper, September 28, 1857, Page 8

VONALE OF THE SEA VIEW BOUVE TRAGEDY. Ooenvietion of Jas. P. Donnelly for the Hur. dex a2 Albert 8. Moses—ehe Closing Arge- went for the ProsecuGon—Charge of the Court—Verdict of the Jury, &o,, &o, OUST OF COVES aND TERMINED, BLSVENTE DAT— EVENING BERSION, ‘ROM OUR SPBCL4l REPORTER Faamnotn, N. J., Sopt. 28, 1857. ‘The lengtby pnd somesnet tedious trial of James P. “Pornelty, for the murder of Albert 8. Moses, at the Sea View Bours, om ths Ist of August teat, hea boon drawe to ‘a chee, revetting in the oonviction ef the prisoner, aad te probable tnmantty of a fond and aged father. Never were ‘he inhaditanta of Monmouth county so excited upon & ‘orunmmei trial ae tbey have been for the pasi we week ta “We cave of Downelty Peapie came from 20 and 80 mies around lo bear the clomtzg argumsnls of the counsel, and en bhe Cours opened this afterscon, ere could nota re ‘Desn jose than five thousand perrons acvembied (m the fourt honse square, all esger o calm admitiance to a Deikding aot capadie of holéwe an audience of ever five ‘pendred.. So ¢rent was the desire to obtain sdmittance as Ho wae with somo difloulty that the oifloors ould prererve Grder #0 #6 © ovadle she Srgurment of Mr- Dayton to be beard. Tbe a¢drese of the Aworney Goneral was gv adje ae, apd was listened to with breavhiew ut- jeuiion by a!! who were lucky enowgh te gala ad.calssion to We Cours FOO Yhe poinia of Mr, Dayton wore—-Firat That tho story of ef the defence about tte prismer’s runnlog dows towards the beach in search of Maurer, as alla fallacy, Ho took am indirect and ous of she wey peta. Borond Toa if bo was an innocent men be would not have went, for a poor German berber to sitend to ihe ~ants of tho dying inan, whon be hime wase physician and was conver man. wih bysics, Third. That when Suis asked iim if ‘ke could not ¢o somes ing for the #oonded man he never asked who Was wounded, altbough be had voi spoken & single word t+ any ove on ject. Fourta. Tae onang tag of bis clothing. Mr. Dayton characterized this ast oa tbe part of tue p isover as a felo de ce, produciag the ©2po uate effect from that Inleaied Fifth. There was no motive for any living man, except Donnel!¢, to com nit the desd None krew the deceased a» Donvelly cid, Donnelly dit mo; mean & have ihe facto! the ea! ment aale ‘mown to bis employer, ano murdered Moses 19 recover dbo money low at gaming. and (uns c»ocoal the fact of the terezalement Sixth, Whin Dontelly was asked hore bie dagger was he firsi sald that pe koow, bt when saked a second time (»ben Moros was dead) be fait be bad sold lb to the decaxed. It Moser vad pur- shaseu the Jagger it would ve op the prewises, aud would be forthooming Seventh The ran'ty of the ecenses. When sre Smith entered Mores’ room he, fhe latter, excielmed In the goodness of bla heart “ On, Sra. Swith,}ameorry”” Mo was pot sorry for del g ered, but that Ms. Smisa should have been put to as mech trou op his aooovus. ‘Chie cicumstance showea the olearnoss of ine dyivg Wan’s faxulies mors entisfas sorily than anything ¢lse The ceclaratious of decesred were clear and con istent to the last, Eighth, fhe pri gener could have intvoiec the wound without getting any diced anon bis clothing, ax the sisnation of tne bed im room No. 86 showed Ninth. M sos was not anathert. Toere was uo proe! of wnyibing of the kiod, The iefesce sougnt fo prove that he was an ata.os, oy insinaating without of that bis motber eas a prost oat time nad owes for meditavion? How long after the \oroat bad beea ont bed the epiritdeparie. ? Fow wan be eulforing w th rack: lag pains in bis mbs whea be exclaimed, ‘Lt me die in peace.” Was bis vetimony to be thrown out becaure bo Gere DO positive acsorance of bis belie! in God? Mr. Day- Ya concluded his argument in these words:—If you are faulefed that the prisouer Is innooert acgalt hin, bit if you believe im gui ty then renser your verdict acsord- ingly. I leave the matwer In your hands, gentlemen of the Jury, and trust tbat as ci zene, acting in the face of your Souniry and beneath tne eye of your God, you will not Aesiiaie to do your dnty. THE JUDGE'S CHARGE TO THE JURY. Jadge Vredeupurgh then rove and delivered the charge M Wwe Court He commenced vy saying that four pointe ented themeelres to the jury for thelr omnsideration. Was Albert S Mores deac? 2 If be was dead, did he Jie by vivienee infiicted at the place, time and manner suarged ip ihe \udictment! 3. If 20,’ was that vio‘ence tufticted by the defendant? 4 If to, what was the de gree of delenvant's crime? As to the firsi poivt there @ald be brit litle doubt. The evidence of George a Woes, Mr. Leni, Mr. Smith and others, vrovei clearly eno. gb ‘be identitcation of deceased ‘As regarda tue eer000 point, the jury bad the evidence of a aumber of medical men who tesiibed that cereared had died from the effects of a wound ia the throat inilicled wih a suarp Mstramest Coold that wound bave been self tullioted ; was lt probable that |t waa the work of a suiciae? Tac wedioal gentlemen say not Moros bimeelf says not. Be says it was inflicted by other thaa himself. War not, dherefore, ihe wound infioted at the time, piace and man- er charged in the indictment? To the third tpoint —Waee hat violence inficted by the de‘entant’ The Cour: Iaid much stress and revieved al the jeatimony that had been elicited on the trial, and wound up with o lengihy argument against the pri The circumstintia evidence alone, he ead, was ib tO Cowvinoe the jury of the guilt of the prison fr. But when the declarations of Moses were taken into sousideration there coaid be very listle room left for de. Wberation. The seciarations of the deceased be charged were enti led to the fulles: bel ef, and although be did not tmanifoat any delief in God by ou ward sign, ani did noi ‘express bimself satisfied of immediats dissolution, stil. ihe Ciroumstanoes surrounding the declara:i ne were such aa 40 render the procoeding & more serious aud more solemn oae than though the deceasea bad boca out upmm the wit Bees riand §=Was not there ore deceared's staemenes on- ditled to full crediollt'y at the bands of ths jury, expecially when [bey wee consisten! wita all the ober facts in ine ease? Th Jecleralious *ere corr: borated vy clr omstan Manual evidence of \be etro"gest nature. The argument upon the evidenre was lengtoy, ccoupying full an hour, and war, if avythipg, more telling Wan the summing up of the Ali rney G neral The prisone was to have tue Denes of any rational dowd\—not a mere chimera, but a doubt that would stagger them as vo their belief in the it Of the defendant If bey abvuld have such ratioaal ht as to “he guilt of the prisoner whey were to give him the devets of hand acquit him. But if they believet tim upga the evidenoe as eliciei, they saou!d And a ccord’ngly. Chey shoud bave no eyupathy fo the frends :f ibe prieuper or the deceased; taey should do their duty fearlessly and regardless cf tbe oo The cops quenoes bei u The Jucge then charged ibe Jury upon the fourth poial, If 00, bat was ine cogree of tne defendant's crime? War e fivet Gegree, or was it manslaughter! meditation of @ mowent aforethougnt Kye ‘Sat Cid Dot interd te of deceased, yet if the resolution was formed upon the imgtant of raising tbe kaife, ihe law declared ibe sot to ve ABot of murder in the Orst degree Was it possioie that mere bad been any provocation? The evidence weat to how that Moros was aaicep when the wount was in Giotot, and was awakened by the fo'ce of the blow, It Yo be guided by tho eviience, then the blow wet fiven without eny provocation. [fhe statate defining the orgrees cf murcicr was then read to the jury.) If they believed the prironer gulity of tbe murder of Maen then they should render ® veraict of guilty upon the Ort four count: of the indictment, aod not guilty on the Lent. If, a2 be said beture, trey should nave any rauivnsl doabi ‘of the defendant's gallt, then they shoala iasiine the oale of jontice to marcy and erqoit him. H» boped that Omavec'enoe 4 gad rem in thetr delfheretions. and Mal a rue verdict would de renvered throngh Huw grace. Ai the conclarion of the barge Mr. Bradley, counrel for Abe prisooer, rove ana asked ine Court 10 charge upon ihe following prints — 1. We ack spe Coprt to charge the jary that |f the jory ‘re Maiiefed that Moers bad no belief in = Got and ine Tutare state of rewards and punishments, ihey mus disre- gard bir dying decinra: om To this requem: the Gourt re: by charging that each was tbe law but tal tbe jary most be seteted by the eviderce that euch is the fect, fhe ‘aw will prowume that Be hea much belief conti) the contrary is proved, 2 We ask the Court t charge the jary that the fact of Mores not restoring the money, which he said be hed wou at gucning, to hie fal owner \s prospect of imme dinte death, is evi tonce of a deprared heart, and goer to Show ont his deciuraiione are not entitled Wo belief; also Ghat the Moi of is making ao reference to a fature state, Dat em!!ing in Gerision when spoken to on that eobje 4 (if the jury believe he did 8c) is evidence of the ike charas fer ant effect To thie request the Court replies, by o° that they woult give theze face jet exch weigh\ ae wey Bought wh 7 é rea ia rete 20 9 the credit dae to ine Aatement of Mores The weight of theee (ante ie a ques tion of which ihe jury are the sole jadges. [Tue defen- to this charge 4. We ark the Court to charge the jory that if they be- Keve the evidenos cf Munter with regard to tho length of Mime thet Moves bad been stabbed, the evidence of the \peofficient 1, lo reply, sbarged thet if the jary believed that Moves wae sad ved two hours before the alarm, there Gertain y was no proof thal the defendant was there at that ; Det they were to decide whether they would believe this rtarement in the face cf all the facts of the cere ‘The folowing exceptions wore taken to the Jadge’s @barte end were noted by the Court — Tue defence except to the cbarge of the Court, in that fhe Coon therein argued the fact of the care to the jury @gpina ibe | risoper at tbe ber TT of the Court, becanre the Conrt gave « partial view of the evidence against the prisoner, and ‘Omitted the cirrometances in bia favor To the charge of the Court on the subject of giving the defendant ihe beveti of any reasonable doudt, wherein the Onart charged that \f the Ju) were met.d in ao Gomecie sore that (he de'erdest was guiliy, they d him If they in thelr own consciences’ hed a coubt of UU, they must acquit ing tbe jary cy MCT OF THR JURY. The jory then im Chores of the oMoere, ané the our! adjourned unui) ihe rin ? the bel! @nith would be for the moment when tho jary were ready fo bend in their verdict. They wore deiboraiing frome quarter to seveo o'clock un'll Are minuies past eight, when they tigt ified their readiness to revnrn to court, Tae Deil wae iben rang, when In an \ietart the sonrt house was berieged by thoneands, All eager to pan admiaeion © dor beving with some di Moulty been restored, the fier opened the Court and the clerk waa firested to cali ‘We names of the jury. Ali of the geDtiomen having an fwered to their names, the yerdici Was received \n the fal towing manner — Ge the prisoner) —rite. Jurors, look “hove YOu agreed upon & verdici, gon Ares: soner . P, Donnelly, the eman—We Ona bim guilt ee, On the Orst four counte o} im boA guilty on the fifth court The jury were Wen polled, with the reealt alleged by their f tere exciaimes - the indicsment, and Ona foremen, whee the emer of the ory, hearken unto your verdict as {igtands record ed. Yoo tay thet you find Jat. P. Donnelly, the prisoner @ the bar, guilty of murder in the first degree on the firet fuer ovwnte o the indictment, and not guilty om the lant? An? to ony you ail? Jery—Wedo os The mowt intense excitement was maniferted during the NEW YO ‘The relatives of the prieuger were thrown into arlof ou bearing the verdict. The aged toner st firs! showed no symptoms of fow hours afterwards bo became choty took nach decp posaser!: bts mind bas become diseascd, corer from ihe sho'k THE CRITICAL PERIOD iN KANSAS, Gov. Walker's Proclamation to the Poo- ple of that Territory. THE OCTOBER ELECTION, ae, ben ae, Leoomrrom, K. T. Tho flowt Monday i Oowber, by !nw ior ime eieatton, by te of ihe Territorial Lacisiaturs, and various douniy offices. As the Govoreor of Kattas, numeroas and urgent calls bays becn made vpom me Oy serious pudlic mocia;s And comm'tices, by some of tbe jusges of eleciloar, sud +ie6 Dy Many citizens, © voMmuaicabe views im reis my tio to the qualifications of yovers af that elcotion, as also lo regerd to the legisistive appordvament, and the estaviisn- ment of yotlog precinow. As to the spportiumment, the Territorial el otion law of the 20h of February, 1857, requires It © be made apoa the census provided to be taken under the Terrliorial ovaves ion acs of the 19.b of Fovruary, 1867. The returns were made under that census, ana tbe appor:ionmeut for that eouvention fixed by tue acilug Governor, long before my arrival lp tols Turritory; aud, of course, ‘over shai mater [ havo to control whatever. Whilst it was ® cause of deop regret to hin, as ell asto myself, that tue ceusus apd regisiry were 40 incomplete in many Counties, and iat in After counties organised as elecwon digtvicts under that law, and entitled to vote ‘or delegates to ihe con rvation, there wae naliher cd:eus por regwiry, aud tuercfore, saat ther could not parucipale im any manner ta dhe ahvive of detegates on thas most impor aut ovowlon yet av power so remedy the evil was vested oy law, eltier ta Lim or we. The oply revedy 1eata wiih the ‘Convention wef, by submitting. if they Geom dest, the cons iution for rat foe tion oF rejcodon 40 the yote cf ths people, under auch Jost and reasons le qualitioations as they may prescribe, Toat shey would pursue thy oours3 I nave never doublet, Aud alibo gh I rave no right wastever to inverfere in tasi }et when my individual opinion was asked on udject by members of the Couveniton and owers { aye indicated @ previous residence vf ihree a1 mouths prior to tre yore upon ibe adop.lon cf tne oni ai- tuvion, a8 moe just aud reasouable, @ period of sure» mopius being prescribed by ibe convention Imm itself as the jrior reidesee required in voting for delegates wo vae Conyen:ion, tnd six months being desiguaied by the Terri torial election laws ag the previous reridence requirds tu Young for wembers of the Territoriai Legisiaiure E.thee of ese qualifications, tu my opinion, ~ ould baye embraced the great body of the bons fide acitlers who might ve bere this fail, tuasmuch as the Oonveution woull probably no: ‘terminate their lobors and submit tbe Sonrtituilon until some time tn November, and in Asmuch ax three or six montbs would probabl7 be grant ed by them as an intorva: detween the date of gubminica and ibe vos upon the oonsituiion. I repeat, however, the opinion alwaya berctofore expresses by mo, thas ie ie matter which belongs exclosively 4 the conrenivo over whic I bave no power, except, tn the lauguage of the Kanvas Nebraska aci, to “wake oare ‘hat the laws be feitbfaliy erec.ied,’ cleding tha: organic act itself, aad left at hberty as a c’tizen to take auch a couree ss, in my Jacgment would be most consonant wiih ihe principles of jus lee, of the Kensas aud Nebraska 0 ll, and of the on. ‘sutution of the United Stes, in aay comtingeacy. The apportionment of members of botn branches of Legivlaiore, ie bamed, as .t *t taken under the convention sot of toe 19th of Februar’, 857. My power tom«ke the apportionment expirea ou the Sist of May inst, leaving me Dut three days, exclasive ot Sepday, to perform thet act, afer my arrival im thir Territory. tbe Terriorial laws of 1857 bad never deon privied. Thay were then in ihe course of pabjication at St. Louis, Missoor!, and no copy reached ‘unul the middle of Jone, long afer my power over the sub: ject bad expired. The existence of this apportion mert law was wholly unknown to the Secrelary of State, ‘to the Probate Judge of this county, or to any oiber perton witbin my knowledge, and the priated copics, as | bave suited, did not reach here unui the middle of June. Of conree it was impossible for mo to perform the duty preecribed in that act, aud to guatd agatuat the cua. Uingency of hone laws not Fesching bere before the fret of Jane, the duty from aud after that dave was dovolved by law ‘upon the Spesker of the House and Preal sent of the council That duly was performed vy ibe offices dex! Pnomehy feowhpen andi bave no doubt in good faith, thongh T'was never cousulied by them on the suject. The Jaw probibited thom from law, and I know itt be @ matier of complaias by bot parties toat the dist/iow are arranged so as to defeat thoir rerpective candid by sbere geniler sd )acent co of Kansar to coutrol the olection, I aave the most solemn sesarance from the most sutbentic sources of intelligenee in that Stax, le wboily unfuupoed in fast, ‘Thai the census or registry was not made in ffieon coun- tien of Kanans, ls owing to the neglect of the local officers of Above counties to perform thelr duties, may of whom have | excused themselves on the ailsgauion hat no means wore Prov ded apd no public money applicable to the expenses Of tuking the ce seus and making the registry, and that they were upabdle or unwilling to make the necessary ad vanes themecives. Ii-wever this may be, | have ever regarded {i ass deplorable circumstance, that nese coun tic 8 Could Dor partcipaie 1D ‘ue election of delegates to the convention, but I feei confident thet ao such resuit was na- ticipated by the Territorial Legisistare. Albough none of those {ifeen counties could vote for delegates to the convertion—the remedy for which lies ‘whb the coprention {tself—snd although a0 members bare been cr could be apportioned them for the Territorial 1.¢ pisiature. yet the Speaker of ibe House Abe Covncli, in conformity with the du law, pave atlached them to over logisiative districw, 90 Unat they can vote for members of the Territorial Logitls iure. 1h la Corieinly # great calamity that there coun! os are thar deprived of their due wage In the apportionment of members for the Territorial Legisiaturo, yet they can vote for the members in ihe. distriola. to. which they are Atiacbed. apd the ovly result is to give too many men bers of thai body to some counties in tho app rtion ment, acoording 10 popuiaion, and not an sbsolvte deviai of the right of eulfrage. This reralt was not intended by the Territorial Legisiatore, and could not be prevented by the officers by whom the apportion ment "as mado. There wae mo inven jon on t ot “# arisen from socidenial canses, over wh! sh Abority W exerciae any control ebavever, nxt I no legal efficiency to any vote that war ro} te oped that the good citieens of these counties wi!) Yote t the exient permiited them by law, looking to an ear y perio fur the remedies for ail these grievances, ars tbat hall have no revolust oultbrr ak O° vio. lence st the election, which would be fracght with in calculable evil aed akended with no possible good. will be observed that the app:rtionment has 0 offer | whatever upon tbo vote for celegate for Congress, or for | Cowp'y cificers; in regaed to both of which tne oouatier | excused from the sproriioment for the Terriioria! Logisiatore bave the same rights and influence, in pro- | portion to their votes, az the people of ary other countiae of Kansas. Jo relarion to precinets which I am asked to extablieh, the Act of the Territorin! Legisiatere of 1866 regulates ‘that subject in the fourth fifth eeo.tone power it there given to the © unty officer to establish the precincts and relect the judges of election, but there ta a libers! pro | Vision in the law to meet apy Contingency. The frordh the following words: — Fvery county that now ie or that may Rerenter he eetablinbed Fbn'l compone an elee ion and ail rive tions «hall be beld at ibe cour house of #anh count re one Bas been ereeted. If there ve mo Court house then ft abl! Le the duty of the county comm e 8 house ia fuch county w ir inat wo caser (he therit shall give aotice of the slestion by eriuiea edvertioemen's, Pisces Inguch county, of oy ad tbe piace of fet Op ip at leant x public Tertinement im some Be wepaper published in sued ¢ lenat ten ¢ leedon, a before the day of a ., hare a7, from tame to time, covet elncvion precinee AA MAY seem to Provised furiher, Rowever, thet inno case anal An cme precioct be Cetabusbed (a any one municijal abip Bec 5 The county commisnionars stall appoiot_ the juires Of election In esch conpty oF voting precinet at lant ten days before the election st which they are to act, and If wt the hour ‘euch judges are not hen v8 pewer Wo eleet olbers 1 oneasioned Fall judy of their duties, ie mir istered by one sty officer authorized ty 04 minister omths ) that | will impertia: y discharge the duties of judge of the presen: ©.e¢tion seoer ioc to law and ihe best of my ahility, Ae Wo the | "4gee of elsocon then there can be no dimfioe!ty 1 this law, the power, being vested ia the people & the several precinots, in cage the county officers fail ty per form their dety, and if there be oo precidbis, thon the Cleotion oan only be beld at the seat of justice provided vy law for each oovnty. It has been that this power Is given to me under the convention law of the 19th of June, 1867, (© extablieh prociecta. It ie irue that vory lic attention; but ihose powers are erpecially ercaped pu it w, and confer no coeficed to my notion under taat | Ml Ws Dow aad always bas been, most to see & fall and fair election beld in October next, and to contribute to this reault to the exten} of all the authority devolved upon me by Ine. By the act of Congress, how ever of the Stub of March, 1866, orranizing this an4 which is sti) tn full foroe in’ that re on this #ub Jeet, 18 ie deolared in the 83d section person Davidg the greaveet number of votes shall be de clwed by the Governor to be duly elected, and Gortideate therect wnall be given socordingly.” Ae regerée the Territorial Legislature, the cerddoate |s 1 be given by the eorctary of Mimi, {9 connt the vo'e iD the prev ooo? the Gov nd im relation #9 the focal cfficert, (bie Gaty, in onse of Gon eet, ie devolved apon the ovurie ie view of my daties in connection with thie law, my RK HEXALD, MONDAY, eam Tee0r | bo the er Jloy- ed by sooner, of anarchy and questions preaeated for Gonsideration are— Fiovt. Cam thore Tho were fied under the organic te this Territory, vote also ‘imposed ganic law to this subjest are Words See. @. And be tt furiher ‘That the legislstive vest in the . 2 enact ey e0d woth said Territory shall be Roverssr and Legalatice Aesomble” het va Anam ball son stat of and Honse of Reoresentativns, yo.ers; proviied hat irty nine. An appor Nenment ehall be mate, nearly as equal ae practicarie, connties or ‘Atntrcte for section tetiven, giving each resentation in L-4 nearly as may janell and House of Represeutadrrs in, end be tnbabtiante of the disirlet, nr -oun y oF 7 d, respeetive'y. Previ- ‘chase m census, W Du- esi e couniien for ay be to the election, the governor sha!l Bea lon of he Inba>l ants and qualified voters of he several cousties and distriote io the Tersttore to b* tait.n by each ver sous, Bud Ins 10 as tho Governor sball deslanate aut 8) vont; and the pee » 20 appolaie’ shail -e elves rassoun le com pestati'n therefor, And the firs elegiion shail he hed at furh time and p'aces, and be con.uetd in anoh manner, b th An to the persons who shall superintend such elec't a and the retorng tnerso’, aa the Governor shal! a:polut ani sirect; and he sba.. wt the same tima declare ine numbers of tae Council ‘and House of Beprerenta ives to whicd each of the con” tier or disiriok shall de entitied urcer this ast Thr p: avin, te bighes: number of legal vot of is tricts for memt ers of the ovunell Go- Yernor lo be du'y elected to the council; avd the peraous hs- Ving the bigbeut number of legal votes (or ‘he House of Kepre. kenin ives shall be declared by the Govern to ha du y elecied members cf said house: Provided, that in owe two or more persons voted for sbsll bave an equal number of vetas apd in Case 8 vacancy saa'l otherwise ocour {n citber branch of the Legisls! ve assembly, the Governor absll & new election: Legisinuive 2 aeembly st euch plieo sa! on euch day as the overnar abal appolut; but ihereafior he Lime, plas, ant maccer of hold'ng and cond: cting al! elon ope by the people,.ace apportion” ¢ the representacion in the ies or'din ricia, to the Oounell xed. House wen Bilves, scoording to the numter of qusiided be prescribed by Isw, aa weli ss the aay of menecment of the regular aes ions of the Legislatlv diy: Provided, that uo session in any one year shal the term of for y days, except the first seaeion, whisk may con. tne sixty dasa, eo 28 Ard be it further enacted, That every trea whiia habitaut above the age of twenty one» ears, Who sha'l um) resi¢ent of auld Territon val posmrsr the qualifen'ions bereinatier d-seribed, a atitled to vie At the first e’ectlon, and shall Fe eligib'e 9 way offive within the antd Territo vy; bot the qualifesiion of voiers, and of bolting offi & all ths suosequent ¢ ections, sha!l be such as aball 56 Eressribed by the Legislative Asnem)!y: Provided shat the right of uflrrave and of holding cffice shall be exer nly by clt'zens of the Unto Sines and thore who have op cath heir iniention to become such and shall have to support the constitution of the nited Staias. sions oO this ect and provided further, that no olficer,#°idier sesrean or marine, or other peraon in ths army or ravy of ue¢ United Siates, or aitached to troope ia the se”. Tice of the United States, shail be allowed to vote or hola fllxe n wei Terr ito: y by recaon of being on service theretn, Tt will be perceived thas the aot of O ingress is clear and exrltent on Vhis panbject. It prescribes the qualiications only of those who “shall be entitled to yoe at the first clection, and shail be eligible to any office within the said Territory; brt the qualifica tone of voling and of holiing office, a! ‘all subsequent elections, shall be euch ae shall be precerived by the ‘Layislation Astembly.” The provisions ave no aplication Whatever io the #ubjeot, iuasmuch ae they only prohibit the Legislature from permitting per- fore to vote who are neither native or naturalized cldzens, vor have ceclared oa «ath their intention to vecome cli! zevr, and ce:tein officers. soldiers of the army, &o Now, then, it ts olear, first, that as regarde al! elsct'ons Dut the first, the quaiffications are net prevoribed by tt act of Congress, end eecond, the qualifications with the re sirictions before mentioned, for all sareeq vent elections, re to be designated exclusively by the Territorial Logis!s- tue Tt ts certain, then, that the question now raised a re: garde the pretended right of persons to vote, who porsors te requisite quaiifications under the act of Congress, for ‘yoting at the first eleciion, but are excluded by su dseqvent Territoria! \gistation now in force, has po foun whatever im law, and such votes would ve wholly legal to vote Megal attempt ie Congress and of the ‘The a ‘Will voters at the clection in October, who Pporsess all the qualifications prorided by the ferritorial act of the 20h of February. 1857, which te the last act on this sub- ject, be alan required to other and different quail: fications cen aed tp eg Territorial enactments {ie the last law the sole rule of action on this aubjsci? Inet act is the J election law, providing for « new od entirely distiret apportionment of members for both the Territorial , as leo the quail cations of voters at that and all snoceoding el in entitled ‘an act to define and establish representative districts fur the second Legislative Assom bly and for other purpoees ”” The frst wection deviguates by name the several coun. tie: 0 Kansas which aro to conatitate the several soancll districta; the ceonnd weotion derignates by name the sove- ral conniles of Kansse which aro ts consiitute the rospeo piative districts; the ikird section agpor ors ‘ong the soveral represen ative districts ac cesmus provided for tp the convoniton law; ection a portions in the seme manner the mem? ¢rs among the 2evera! council districw; the Ofwh and last section is in these words: — na fide (nhabinnt of the Terrtiory of Kan se cfizen of the Untied strtes oer the age of twen y. one years, who thal! bave resided siz monthe In said territory before nest genere! election for members of the Co: J lirprenen tative. And no other person whavevar, niitied wo vole at any weneral elemdon hereatcr w be held in thin Perritory; Provided, however, that nothing in th con'ained enall be considered to, apply 10 or ailest ta apy mai provisions of ap act entitled © An act to pro- Vice for takicg the Cenens and electinn for delogsten toa on Fevllon.”” ‘Thie act tO take effect and be ts force from and alter iis pareage, The langoage of this nection ie cloar and explicit. Thiean act precoribing the qualifications, ans el) the qual! foations of voters stall future elections’ The law if porfect aud complete In twelt, without any reference whaever to pra- ceding enactments, The langoage is froo from ooutro- « Rvery bona fide inbabitant,”’ ts,, shall bo ea titied to vote,” Ac. fhe words aroimperstive. It ia tne laogosge of Command from the groper aathority, and no one bas any right to \aterpolats re trictions contained in preceding evactments, Il is « well settled principle of as well af Cf common senee, that when any eubeaqnent ttatule proceeds wo rogniate entire subj-ct in eneral atd comprehensive langnage, it t« of full force sn‘ emect {a and of iteelf, and no restriction ar ad- dition can be made to tts provisions by reference to any ceeding enreiments. in such # case there can Reithor Pe‘sacition nor eubstract te, end tbe Dumber «f quaittio Yolere can neliber de augmented by adcing to them those who were permitted t0 vote dy preceding awe, nor be weeaened by aubsiracting thove who were roatric ed from the right of eull-ege by epactmerte. The worn “every clizen,” Ac, and “ no other ’’ shail vote, Include all *bo are fesoribet In the act, and exolade all others. Heridor, ibe right of suffrage is the most sacred known to the American people. Ii 1s he Pasis anon poe aii their tnetitations. I. is a right highly favored In our | law, and, to ail soc canes, to deprive auy one of th s right the Words must be clear and upamb! Dut ip this “see there is no ambiguity, and independent of the fact that \his act, as rererce elections and quale Vons of voters, Is an act complete In itself, and presorining Ail We provivtons app'ioadle to this enbjont, anv later grea. tion by which @ restriction as rogarcn the right of voting, comteined in a preceding law, should be saperadded to those required in thie sot, woul! crento a direct and port Live repuguance to tie clear and explicit lan wad, therefore, would be most clearly repeaied by virine of the universal prine'ple of jarispradence, that, whoa two taluter contain provisions which are repugnant, repeiiant or Contraciot ry, either by way ef addition or subsiraotion, the last simtuie must prevail. Now let ue pee if there woul! rot bes direot repug: in thie cave, under tbe coostruction cemended for by those who aawert hat, altboogh the payment of « Territorial ax is not emong the qualificadons of votere under the act ob 1bb7, yet salidoation un Jer the set of 1865, and therefore willl im force. Let us place thea in opprsite columpa — Act of 1th provides The Act 0” 1957, aa now on 'Brery bona fide whabitant girned, wonld aefolows of the Territory of Mavens ba. "Beery fen: fit inhabitan’ of ing A eitizen of the United the Trrriiory rf Ramses, reine Hales, over the age of 21 a cttizen of the Mntted Mater ears, end who ahall Bare re sided tix moths te said Ter. thors before the Over ine nee of ZL years, and who sha have resited wi mon'bs in said Terriiory be next general election for members of the Coun ti aod Bouse of Representa fives, and no other person ¥i ver aball be eniied 1 Foe At amy general sie fon beresfier to be beld te this Terrtiory:” bt no #ach orteen shal) be permitted to vow be at first paid a Territorial tax Is th not clear that the two would be directly ropugnsnt, by the addition to the not of 1857 of ® proviso ‘and restriovon cot coviained im hal aot, but las provions las’ The words of the sot of 1867 are general —"Every citizen,’ &o., shail be aptitied to vote on a residence of wo Wied to you at any elecdon hereaficr wo be held tn thi Yerritory.” months. ie language gives the right to vols, in elosr aod re Lerma, to every Citizen, Ao , who ” roaident for the torm presortbed by Ia\ Every ctt'sen are genera! and Comprebenstve terms, and they cainos be resiric od by other words not contained in this law. By ‘tho 11th seotion cf the aot of 1856, m0 previoas residence is required aa & qualification for a voter, bot theipay ment of a ae tar LT pre requisite. nay toe when residence Of alx mouths, in ‘he general , comprehensive |i ctizen,”’ &o , the Legisistare of 1867, Denides that reat. dence for the first time prescribed by law, had Intended, i cy bedng t fH gee = tax, they would maid 80, and not hay anid 80, euch ‘words oan be interpolated nether by judicial nor exeoo\i ve constrvetion In ‘Rot, 't * not « case of construction at ail, Dat of ving worda which the Legislature has pot used, and of making provises and restrict) o# for them whieh bave not made, an’ of axcla‘\ng youers from the polle whom they have not excinded. Bewides, this is no new question Tt bas cocurred repeated!y in the reve fod terri tories of jon, and, M8 & principle of universal adop. under auoh iawn, it If weil seule, withoat © single ption fo the rule, that where one Sate constitution regulating ihe right of juiTrage preroribes ceriain q ‘voters, {1 {a Complete in and of iteaif, and | vereally regarded a# repognant to fo mach of Viour conativution, which olther adda ve or subtracts ving | PaYment of a territorial deb 7’ stifoation And the same rule prevail ta rela'lon {0 SY so and Territorial laws. This le the great Ame iow T0)'4 of interpretation on ibis subjeot, from * stabtished and ‘ta the force p If tere could Rave deen any possiblo doubt nm this gion 6 provisions of the Territorial Gon" the day. preoedieg that on ‘which was the election las, referred to and mace the besis of provisions of the later ‘That convention tat & previous residence 0’ (bree menths and a» registry, as quslidoation for voters, Dut le Just ap aileat ne the Territorial eleutin law ou the subject of the and yet no ene bas ever Fretended of any tax constituie” ® necessary a voter Sor elerrcias © that copveniion, No such payment was ever exacted, aud ifrever made. 4nd 8b @ con: offers to. vote, Ib was ag general aud com ppilcstion to every cleotion which could territorisl law, a the Logtala sould appty the restric ton of ths convention, jast aa mon aa in yotlng bere of the Territoria! Legisia ure in Ontober; upon this al Jeged principle, that restrictions of qualifications in pro coding lawn, and not repealed by ee provision in a quent statnte providing subsequent elec- Mons the quail of voters. Tne conven Mon law required a th-ee months’ previous residence and registry as a qualification of voters, Dut was silent, lik» ‘tho cleotion law of 1857, as rogards the pre-payment of an; ; and if such ayre-payment by force of preceding enactments appiics as @ qualification for ‘8 Voter for the Terri orial siature im October, then i would just as clearly follow that inadmech «* the conven ton ack wes equally silent ag to the payment of a tex, the voters for deicga os to that Convention, besides the three months’ roaldence end regtatry, mut bave paid a tsx aleo But the truth is, bile the tax remains, the q Aaplion no more te the election tn Oower than { doos to we eleotion of delegates to the O-nvention, because it i w any fare could make it, ana was dropped in beth acts and because no rahe to iweert @ meat important provision that is thas omttt-c by the Legisiature, and becaure it iss setiled rule in in terpreting statuies tbat, if the Legt#latare bad intended |a either oage, In prescriolog the qualifications, aad sli th quehfications of roters, to superacd one bat vas inserted in a preceding law, they would have reposted the restrio- fion in w subsequens etatute, How oary was tt for the 10 givlatere, in ceacribing the qualifoailons of voters under the convention or e ection Jaw, if they tatended tn sdaition to the qualfications named {n these laws to require the Prepayment of a tax, to have sald 0, and not left bio Others to interpolate words which they had excluded! They pave not sald fo, and thet is enough. On this subject I Dave uever entertained any doubt, and cever supvceed there oocld be any quer. ton, And I might bave declined the expreaion of avy opinion om ether of these points, but for the certain knowledge of the frct, communicated 10 me from Aimort every quarter of the Territory, «nd from all parties, that there conflicting oone.rvotien hs Loisim of election, by virtue of my official power, bow they shall decide; but I give my 0, {ulon, ag others’ bave given theirs, and with the same aipcertiy, in the hope that ft may tend somewhat to pre- ¥en} the disasters with which we are threstenet, growing Out of there covflictirg opinions, apd that it may reader unpecrssrry & resort to the military force rubjoxt to my orders to preterve the peace ef thy Cerritory. That mili | tery force, which is no” aleady hore or dally ariving, } fe amyly suMo'ent to preserve the peace of Kansas; bat it ls my sincere bope that the mere presen of this force, competent ax it is to supprors Ineurrectuon of rzbeldoa ant matutain tho acthority of tho law, will render any collision wpueceseary. On the 19h of Avgust last I com muntoate! to the Presl- | dem, through ibe Secretary of State, my views oa this } subject, t getuer with copies of the several Territorial lana, ‘Ane geked the aid of the Prosident and bis cabinet to sastain me, by the moral force of their opinion, ia preventing ® collifion and otvil war im this Territ ry, by staing | such thould be the fact, thelr coucurreasa wilh me in there views In reply t0 this commantoction, ina petch from ihe Secretary of State to me, under deve of 2d of S+ptember, 1887, after remarking most jretly, as I Alwaye contended, iat I cvula ieeue mo authoritative mandate i the j ¢ges of election on this sudjest, or oon trol their deci ton, he The Territory of 'k: \s een"lar condi'ion. By your statement a d ponsersing en ym do, the beat meana of itor. ation. you views In the optrion of the President, ara en titled to great weich —it im in a state of incipient rebellion ‘With ap organized ml itary force, prepared to resist the autno- rity of the United bates, t may, therefore, become necessary to use the troops placed ‘at yonr digponal, not only 10 aid aa A posse omnitatus ia exmont ibe la nt gino to suppress An lvsarr-etom. Furely, der these circuwatancen if tm expression of Advance of bis action. and It may be instead of it wich the President honestly enteriaine, will have a direct ffoet in pre- ver ting @ civil war in Kavsas, be cannot be jusly ornsured for at'empting. 1y such an expression of oyinioa, to avert he calamitous reanlt ‘The dar fer vou anti toate arisen, as yon observe, frm ths apprehension of « portion of the citizens of will be excluded from the privileges of ¥: have sot paid a Terrhorial tax.* Now, th Prosi asevery member of hig Cabinet, concurs in opinion wita yor that the payment of auch tax is not Feqnired ass ane ideatina to vote He apd they enterraie not ® doubt that the Sth section Of the not of February 20, 1#67, la comple e in itself and pre scribes all jualiSeations reqnired of @ voter, and among there the payment of a Territorial tax is not included. They are ¥ convinced TO Person whatever not pos Seesing three qualifications preveribed ‘or voters by the or ic not of Congress of May 30, )8B4, bas any just: tothe Glee ive fravebine it will be observed, then, that in view of the deplorable oondition o Kansas for the lest three years, and the civ: war tbat hae #0 long raged in this Terr ‘ory, and the !mm! nert danger of a renews! of that sonilict, growing out of conflicting views as to the qualification of 'v tere at the on suing election, the Preeidest and all bis Cabinet have thorght the occasion suffictemily solemn and important to express their foll, upanimour and entire eoncarrence in the yf electors at the Ostober polnie rot by me im thie address, and previously communicated by mets the Secretary It te obrtous that the Territorial greernment of Kaneas most be maincained either dy asuperior physical force, or, all cther States ard Territories, by the majority of qualitea votere at the election Jt never conterpiaied the use of the military forre but | tm ad of the execotion of the la a8 & poste comitatus to arrest off nders, where ‘he ctvil avtbority mi iweomprtent wi hout such aid, and where the iaw satho Fred miltery po er to suppress insurrection oF rebel lon | Physical foroe and the bayonet constitute the real power #1 moparchies and deepctic governments, bat bere it is the wil! of the majorty of the people quarter W vote por the constitution and ander the laws which | We to govorn; and the sooner all such questions are decided Dy a foil aoa fair vets of the qual fed elestors at the polls tho deter; ard thea and not il then, #hall wo have ace | and repose in Kansas. Unioss force ts to be anbstiintnd for the + leotive Tr avebise, unless despotic aod monarch! ml ineiples are making here invisible progress, sooner or later tae quertion mu-t thos be decided, and the sooner the better, nos oply for the iotereate of tbis territory, but for the security of ihe Upton and the onase of seit governmen) bere and ‘hreughout the world. ‘The »yen of our Country and the world are now directed wih intenee the cominr election tn Kansas ia Ootnber nex! the Of this “erritory are, | indeed, capeble of self government, whether the ssnes whion have disgraced Kensar and our country for the Inet thres years, are to be renewed indeGnitely, whether vio Jenoe, injortioe or insurrection oo one or both sides ars, for we moment, and for the moment only, t decide she | quemtion, of * hether our polirical diiTeroncee a7 to be ret | Ueo bere, as in all other and Terrbories, (ander the | provisions of our organic Iaw,) by the fail, free aud fair | exeroire of the elective franchise, are the moment us ques } tows to which you must #1! now soon answer, Tho tos «ath is exprenaly repealed as ® qoaiidoation for voters by an st the ferrivorial Legislature of we 17th of Februa. , Ths people of Kansas have now, therefore, an nity, ip confermity with the Oona ituvion of the United the organic ft |, and the hews of this Terriiory, 1 cecide, by the ciedtive fraschies, tae obvice of their delegate to Vorgre«, thelr Territorial Legialavure, And ail their of unity cilicers, The troopr at my dieposal, whish are faily compotont to (he tar k, will ab (De re qu0N! Of citizens of vob partion, be Mationed at the points where violence has been threatened or antisipa’ed, not for the purpose of overawing the peo ple, or tater fe tm any way wiih the cloctions, or in fveveing them ip any respect whatever, but, by their pre evoe gusrding tbe polls against any aitempt a} ipeur. reotien or violen-e, from ihe mere keowiodge of the fact ‘Yhas jt can apd will be ee pressed, but, if neoemarr, sino to protect sod secure by lawful means a!l the jas righe of the cliizen in ex: the elective franchise under the dosision of tbe proper anthorities, and 10 act ae poase comi totus Tor the erross of offenders ' 1 should have greatiy prt fers ed, a8 expressed in my letter of acoe tance of (9+ ornor of this Territory, never to have been required to call the troop, even aa onary moagure. As it is, not a drop ot blood hae been shed; and the invurrection bas been suppreases, ontil it recently re appeared in « compoleory ta» la rence, and Ip oor pes ceadie Ci\'zens In ite vicinage, Uh, and when om I presumed acquis ng fame ted tArouphou Aansas * ‘om. gress and of tis eal oe 7 «paced Wtleermeni " open deGance of we laws of Congress and of this Territory, ‘and after the refupal of the so called Topeka State | aguia- ture to grant them @ charter, they ne rertaciess organized Peay goversmnems, Gives ‘with ail the usual powors— legislative, exeoutlve, and jrdicial, Th will be recollected, also,"that aller my proclemation of the 16th of Jaly inst, imoltencowe of the troope there, as Precautionary measure to maintain ths of the Pa TG fo arrow ee of (this tngarreotion e ' hen professed through by 4 or that what they bad called a govermacat, au wars mero voluntary sasociation fer the Whey bad given all the powers of & meivances Bat pow, when |i was erroneously by the troop would all be remov by others, they have reavary vapulsory ta ln both ‘passing 9 001 tex law, tide by Sat eee and exe thetr otloare, who are to carry ot these acts these duties, the of whieh ‘not performed, would be PUN; seemed to have balieved thie ine and orident of the Untied cordially gustained Hecretary of Mase, published letter of the 16th ol SEPTEMBER 28, 1851. Peale take-of their ows true luteres:# and Danger- ove and unjustifiable a. wes tho fopeke ‘movement, it differed widely from the Tawrencs Lneurreo ion ip thie, that the iaiwr not ony laws, but required. by seizure aud sale of property, thelr compul exeoutton, urder the requisition of un cath; w oy ane enies Topeka State government proposed on p mgr ged ‘wal: cntl! (bey received, as they orofens ty Ope, ihe reoogpition of Congress As the troops of the United Biates pow subjeci io my orders are sufilctout to sect ibe polls and preserve tho peace of Kansas, it ts joned tha: the f raised “rofeasedty for that without authority of law, will be at once disban: From authentic ipformation o:mmupicatet to me fron many queviers «fihis Territory, and from many clitzens of both partios, that ibe presence of she troops i+ essential 10 preserve tha of the Torritory, to proveut tho forcivle Seizure of the polls, and so wappress Insurreotion, 1 Tae! constrained, althoog most rcluetaatly, by a tolema sone of duty, and by a most sorlous apprehension of tbe conse quenocs which otherwise would At proper pointe, not for war, with the views and purposes In conclusion, permit mo to and sincerity demanded by tho sclemnity of the occasion, now is, sud always bas beon my most arden’ resiro as the cbief magistrate of ‘his Territoy, by ali lawful and qnetin tonal means to seoure and prc toot the Jont righit ery citizen, and espect pe forming my sworn duty of supporting the pres he of the Usied States, apd teking oare that the laws be faithfully executed, to seo bat the grea’ funcawentai principle which lies at the baris of ou” Amecicau institutions secured by the federal ‘Oompao; and guarani our organic a:xt of Congress, sboclo be mairtained, vie: that Ore people of Kansas. in the true meaning of the act, free a violence, injustice or foreign “inerference, “theuld make their owe laws and comtrol their own This bas been the great principle, the just anc faithful execution of our ganic aw, which has coxtrolled all my aote in Kansas, ard to which | shall adhere, regerdieas of menace, calm: Dy, OF axsailment elthrr from within or beyond oar limi Tam mace 57 law ihe oblef excontive offloer in Kanxas for the protection, to the extent of my legal authority, of the ehcle people of Kansas, and not a part,of eve y county and district, and not of @ portion of themonly. ‘An! how- ever selicliovs I may be about the result of the prosent mort important elec fon, howev-+r mrt analons that thoro views of punhe polcy which I have entertained aud ox pacesed ai a)l times, my yout? upwards to the pre- Bent period, and esyectaily as regards tae equilldrinm of cur goverpment. and the constitu ‘onal rignis aud oquility of the Stetes, eb ould now triu sph here ta October, yer L cannot and will not Coany act or countenance or sasiaia any act. (be effeot af which would be to deprive ‘ha peo ple of Kavsas of any righia reonred to thea by the fedo ral compact, by onr o gamle act, or by the lgws of tai: Terriiory, ‘A victory thos soared by violence or to}as Ice would be worse than a defeat, and could only ia ths end Gertroy aj! hope of ‘be ulitmato sncocs® of conser ralive princi les and constitot anal liberty in Kaneas Inarteuch ax our enruing election on the first Monday in October next, 8 of momentos conrequence totais Territory enc to our «hole conviry, a8 the two parties of Kansas, it is Doped, will frat measure thelr streagta now, aot a: ]a former elections, at different timce and places, or upon the field cf batile, but at the game time and places in giving in their votea, aa 1p other S.a'es and Territories; aud as it is of the utmcet tmporiance that this eleciion should ba frve from everyibing wbich wou d leas to exsitemert or axa mction. T most earnestly request the cbief cificers of oar different towrs, oliiew, a4 mani: 08,"t0 resort (o thoes means *bich bave #0 “fen, nim a Cases, proved efli- cactous, by removing for that da» a’l cauree wich would inie:fere witb s calm and dispassionate electiva. And no+, may that overruling Provideroa who Nas crowned our beloved couctry with to many blessings and benefits, including the estimable privilege of self givern ment, acd without whore ald we caunot look for sucoors ia any Coterprise, enable us so to Conduct this oo" teat as to (nrure His sanction, and the approval of our own con science, Is the ‘ervent hope of your fellow. cit! R. J. WALKER, Governor of Kansas ferritory. low, to lage the troope pear, in accordance tated. Police Intelligence, DESCENT UPON AN ALLAGED GAMRLING HOUSE—CAPTCRE OF Tur ALLDGED GawnuaRs nD SmzURR OF THUR APPARATES — At ‘8 late hour on Ssturday night, the Second ward police mate 8 descent upon the gambling house No, 8 Barclay street, kept by Chas Kansou: sna Wm Steclo, and arrested Siecle, = bom they caught sctog = banker, and one Heory Durel!, the cealer. Ransos was not in at the time, and therefore ercaped arrest. The pelice also took of their Posseeston gam Ddiing apparatns, consisting of a faro table, dealing Doxes, card cases, cue keepers, checks, packs of cards, heck bores, ko. The prisoners were incked up in the station house for thes nieht, and y m were taken before Justice Welsh, who beld them to bail in $1 C00 each to answer the charge. fhetr bondsman was David L. Reid, of No. 12 Crosby street. While the police ‘wore busy in the room of be gamblers, rockets were eet Off from the top of the building, for the Darpore of giving ‘warping. aa is suoposed, to the other gambling hells that the police knew about. ‘The compiaint on which the above arrests were made was made before Justice Woish by Mr. A Boardmas, of No 30 Bowery, who is an cooulsr witness to the fact of the house tm question being used for gam- Dilpg purpees. The prisoner Siccic, in his examination, Mtated that he resides at Fioronce’s Hotel, and bes 09 0% supaiion Dorel! says he is area! estate broker, and lives im the city, but does not state where. ‘The Central America, James Gornon Bunzarr Bey = Dean Sim—My ationtion naa been called to an article in the Tribune of this morning, ia +hich the writer pro- feaver to giro bie opinion upos the motho4 of construction and kizd of materiais vsed in the building of the steamer Certval America, and eeys:—"'In regara to Mr Webb's Patement short her oonsirnetion, | think he makes a mis fake lo oe ivg her top timbers and end frames rere live cak Ip place of which red cak and bacmatas wore nvod. Beoundly, im regard io the planking of the s»ip, Mr Webb Also states that Ip adoltion to tho reusl fastenings she vas bolted e*gewive, atreak by streak the en ire © impowsible for a veasel of her age ‘to apring bo, a he is + Wo'l wiahor to fe), Dut osrtainly not bor, or he weal! not 6 proof of which ts #0 ell. wiahor.” Lagnin state that her top timbers and end frames were live oak, and bal, ia Sdditlon to the usual fastenings, she was dolied ecgewisn, streak 07 steak the eulire length of the vessel; an: forther, tba he makes more than a mistake when he says red oak and haowatac were used instea’, I observe “ Well-»isher’’ cotnci¢es with me tn the opinion that this being the case, it was“ impossibie for vexsel of hor age to evring nleak.”” W. A. WEBB. New Your, Sent 96, 1867. —_—S MARITIME INTBLLIGERG contrad'cted a state For the satis nation of ARRIVED. teamship Roanoke, Skinner, Portamouth, fe, with mdse And passengers, to Lndiam & Pleasanta. Ship, Basiern biar (of Haib), Henry, Liverposi, 80 days, with raster Rive (Ham), Nielsen, Hamburg, Aug 21, with mdse 52 onssengera, to F Karck Brig Abram. Kevan, Bio Linche, 3) days with fustie &o, to Vose, Livingston & Oo Erig odio, Bartlett, Port an Prince, Bept 18, with logwood, "ei Brig Lill sn, Wisholae, Jacksonvilie, 11 days, with yellow. mimeo ra M Kogers (of Rew x ir Char e jewbury port), Rept t, with 1 taplacona, lormemer. “Tha ist, AR og. oe saeretia, of Bowton, hemor for ry b exparisnoed @ very hen’ ‘weather oat mainenll wad Ngat jarbor, odk & pilot from the boat Rebr Mew wrop, Buland, Barncoa, 14 days, with trait Ao, to O ackeriy. Peamer Povmiks. Onahman, News Red bi Onshman, New Redford. Steamship Jaa Adger, arrived Sutard.2 sty from Charien ton, Fr prin — heavy NB ene for ihe Fe. gimuraday, 36% passed thres vemela ander vare i camer reek, Pharigeton. the Bal ore, on Frida “ihn, of Onpe atteran med tern lying to, with head of foremnat game. on Fil i mlire sof Pandy Tok pamnnt slesmasnip Rah lie hence for Charleston; 8:10 PM, paswed seamahip Alabama, BELOW, A bark, South of the Highiands, Wind daring the day light (rom 8, NP, Sept 15. La ‘rechen For ions of beige Sinan THORMDIKE, and Jas WARarURLO, SrRAWAuIP ARIRL—On the Inst outward passage of the sion: hip Ariel, from Mew York for Southampton. Havre and Bre Resolved, That ihe thanks of (hia maating be and (hey are hereby wndazed to Capt Laaiow and ofloary of the ant the steam hip Ariel, in Ail her appoknmenta, ire approbation. On the Gay of he nerival of the Arial at ils port, 284 tnat Another meeting of her paasengers was convened, at which & number of resolutions were paewd, very gomplimentary 10 ‘Onpt Ladiow pag hp eficers, y, with all the seriournose | aol our © H Nasi, Look, from Philaselphia for Boston, om the 19h inm low bead of 1 fore aie | foremail, arrived at Holmes’ Hole zen or? mM Song Rattiesxake, Rie, from kings! Ja, tor Philadess bia, laden with sugar, . Ac, c Gmateae ait sneer ae hres The steamab!p Ew pi, doatea od eset Rar ms ay mee ship Ariel was raised : Foaey on the above doox om Satars The following table giv ania harbors of Now Tork Boston. Beltre eee eee sah, Mobile, ‘and sow Orleans, at the latest scsvunts frou Wew ORLEANS. + 4 Briga, 47 Behooners. py jects great crenit ‘ov ned in New York ant Charleston 80. 9 Parmon, inte cf herchr 1B Warner wno Vs to command her. ‘She i» intended for the general freigh.ing business, and ie 460 tons buriben. behr kdpa U, of New London, has had ter name changed to Mountala Avenae, Whalemen. £14 frrm Wdgartown 18th ship Conatitution (new, of Nan+ tucket), Winslow, Pacific Oooan. ee 2 letier from cpt sowle of abin Milo, of NHetford, reports her at sea «pril § vo lat Ac, with 0 ep and 4%) wh, all well— bovva in for potanes okev—ept 2, lst 37 19, lon 4334, Peri, of and from ABeds ford for Iudian Ucean. ken, de. ‘Th'p Mercory, Hubbard from Bosion June 3/ for Oaleuita, T"alip Vioreace blettiogtie, Gore, from Liverpoal duly 6 toe 0 Florence Aishtingsle, Goes, Lape 0g 7, iat ae ion yb Li of seas ably, Rovel Vietoris? ; verpool for Oar ASlgd kn Besehel Oram Wverpoot fr Odarlesion, ag RE igii& Of and from Bremen for Ba'timore, Sept 1, lat on y Ship Lemuel Dyer, Ward, ‘rom New Orleans for Liverpool, Sept B 13 miles Bof Sind Key. = sid rape AGRE? Ard of aud fiom Bremen for Balimoere, Bept 1, Lircky. mppored from Fernandica Ply for Buenog Tee, Aug 8 Int ON, Jon 38 W ‘arle Hope. trom PaliadsIpaia for Belize Hon, Sept 7, off the- Hole in whe We Foreign Ports, AnpRossam, Sept 10 -S.d Cevanter, Perry, Boston. Buenos anes, Aug 1-jn port ship a'ice Phorndike, to load borses and mules for alcn ta—geta * gate.” 004, AOU Sept /¥—iv port echr 8 A Mount, for New Care Coast Castie July su) y Merritt, al . Webs Cowes Sept O—arr Henry ax aren Phemee Fatwourn, B, Sept 12—arr #12 Weymouth, Pilots, Akyal: ve Fit, Rept 10—Ki wroastle Liv iin, Fark, Bt Jago. Sid BK. York 8 8. e si mira; Stet, Falmouth. G hae vd Abie, AUg 2 A . Cinpiry, Mept 7-14 Barrie. ¥ Dust. Bevtd—arr Gea N i i - tor Pent Up (and spchored), - spin Arnvrorn Bept $84 Resolute, Prinoe, Fhieids. [mL VYORT, ze fer olute, ee, Id Saran L Bryant, Jones, Net KEPOOL, Sept Lt are Joan Grit (og iution Ogg. M York ii Gen Willams Ady ald Hafax'and Fertiacd Oct Bangle'Sacon (ney, MoManee. et Que dec Ke at man, for swat MD; ud bor ae for Agnes), Jone for do n a ara lurk dept 19, Kmeraid, Uook {8 ote Fuller, vanoas 13h. ue. ain Golden Bagi anit, son E evernt ‘Oct 4 le, bgt ad ee 0, ' Noreroes, for 40 Oct 6; James Browne, tnrkale tor do les. Sept 20; Inviinelble, Jonnvon Crab'ree for do 1b; Plaa er, Whiter, Bermnda. wre Hate Squall, Us.n, NYork; a2, B joey, Rept 8—In port bark Rglan‘ins, for Falmouth toc nobr Augusta, for Nvvrm 10 . Sevt 13—In port ahio Z ne Welle, for Gibralte, Aer, bark Viotorine Bukiey, fur Mob le 2 days; brg Dum dieg: sche Mye ic Valley, for ® York Pont Puiuar gune 13—8id bark Gitmpso, Dayton, Guam, PeRRAMBvCO, Aug I4—Arr bark U olen, snip Bllerviie, Richmond (snd sid tor & Zivgsrella, bunker, NYore (snd ald (or Toxtemourm. 8 pt9—Arr Co tnibien Win heater, Aatwero jutm leaky, and oummecced ding (0tm to be re: "ORT Av Prince, Sert 1$—In port barks Clara Wisdsor, dire: Cordelin, just arr: brign C A Whi'r. ldg: Oabs, do; Lin: da, d See venue. lex Bid 188, orige Ashby (Be? Saxon, do rr Moses Davenport, Gondry. Oal- ra for London. Arr Tennessee, St: vens.n, Hall, BLDG, Be pt 10 BOSTON, mn ‘olden JN, Sept 26, AM—Arr abip « Star, Naesan PP; dete i con, "Mareeiiies; sckire Foceae: owe, New Yo Ht em Wm Jenki Tallett, Baltimore Havens; ( oo] ‘lah, Nickele Han Francisco; i} or an, z0lline, Coombs, do; brig « 1 alexandria: schrs \rncite uate, . and Geurge Hoilann, Nickerson, MYork Bid ind NW. thip Leucothes, barks ™ Invoch, from 0 | Bouton: Fris John'Mn ww (not oefore, Young: Wem tndies? | kady of the Lake (ir) Newman, do, kilana ‘foane Loring, old away, M’ Brown, NYork Sid end Jas ba Gtoa, OR, | Bath, ton ork. HS . Hept 26~ Arr achrs Matibew 0 ry ria France 0 8 Siva, Phi Compton, Sharp, do: alnap lide, Calli GaRDISES, Bept I7—Arr echr Mary Georgetown 85. HULWKS HOLB Rept %—Arr_ pri Me Geo n BO for Seton ra Rt am, te ose pbin for do: Golden Gate, nd, Boston for 4,8 Small, Urisco, bt Joha MH for ‘Saitimore, with lows ‘Sa NEW ORUEANE, Sept 19—Arr ships Crown Point, Csok: Faihaniel Thompson Shannon, and Onnativuiion, Law Beaton; Mavebester Weito, NYork; Idea (Br) Westeott, Liv: erpeel: br g Kutos Soole. Davis, Mainorna, Below, coming up. ships Kate Bunter, Trefethen, from alovtts, Sila Green - man Webber, and Raneab Urooker, Hi: from BYork. Old seamabios Obas Morgan, Galveston i; Paile- Ae pphia. Gsi0n, KR Vork via Havana. to tea 12h, ahip Marathon. " 5 FORFOLK, bept 34—Arr steamship Roanoke, Skinner, Fr py rehbre » Ryan, Hall ax; Lyon, —) Richmond) ¥ 0. EWBURYPORT, M wy puto Sept 4—Arr gobr lim Rukintow, Nay- MAN tht locke: Mary Ann, Sawyer, D F Tap. ineod A Wm Matthews; Grecian, a anc! $e RYoR, Hammond, Phiiadeiphia. Sid sche Oo- NEW BEDFORD, Sept sohra Alexande: 4 well Philndelobia, Calforainy Bevin ore, a) Fidridge, Ogeen, Naosemood; MH Miia, Alvin, id irror, White, Oy hy nr me. Lda, eohrs Florida, Builer, ae: oe fey Starr sehr Fiy, Cheesemas, Phila« AWPORT, Gept 28. 2 PM— Rishols, rom Dighiow: for HY i Start 2 and Hearse, from Providence for do. Ohiet, uatvle, trom PHILADELPHIA, ‘York, Bi Ke? ohan om how Th Tye -Arr bark Melon, Chandler, Boston: {sehr weil, od nat, deo tursar, ‘Dyer, Hiavanay bare Rares nr Gott hemeay etry. Phiied oet ute oman LTT BF it EO to or Varma, dara 4 + g a SoRziogd FM GRE un Fltny, a Re th fant, ‘pepris 6d ship farah Murch, Rimery (tos » Pe BOO, Ang 16—1 Mary ORIENT EEE TS few, anne PhitedelpPi Ln ve, Vorrill; Mary ob, Bal), N York Nort ABEHAM, Sept 19—Arreobr Lamartine, Grey. MYort, WARREN, whan Ir Albee PAs Providence, Bid 234, sobr ‘Cheater, re im, y ‘auh, ship Bowamect, Martie, for Mobile, wating