The New York Herald Newspaper, December 14, 1857, Page 5

‘Chans & Oo. still draw excellent houses. The bill for to- aight includes several novelties. At the Olympic theatre, Mr. Charles Walcot makes bis ‘frat appearance this evening in “Charles XI” and “The ‘Man Without a Head.” Mr. Walcot is an admirable actor, and plays in these pieces two of his best parts. A benefit for the ‘talented Wren Children" is announced ‘at Wood’s Old Hall, No. 444 Broadway, on Tuesday, 15th ‘inst, The bill includes two pieces and an interlude of vo- cal music. 2 At the National Circus, 8 Bowery, Mme, Tournaiairo will make her first appearance this evening. She is an ad- mirable equestrienne. ‘Dhe programmes of tho Colored Opera at Wood's aud Bryant’s for this evening are ag attractive as ever, and ‘the business of both houses continues good. Houpay Novaunxs.—Mr. Brougham’s “Columbus”? bur- desque will probably be brought out at Burton’s, where several new pieces are under way, Miss Keene announces the pantomime “Harlequin Bluebeard” and Taylor's comedy “An Unequal Match.”” At Wallack’s they have a “New Christpas Tale of Prairie Life,” and a new comedy by Mr. Bourcicault, THkarkes ELaswaerk.—We bolieve it is quite settled that ‘Mr. E. A. Marshall will transfer his lease of the Waluut to Mrs. D. P. Bowers, one of the best of American actresses. “We hear that her company will be the best ever seen in Philadelphia, Lageicon | many favorite artista—Mr. John Owens anc Miss Anna Cruise among others. Mr. and Mrs. John Wood wero playing ‘at Duttield’s Mobilo theatre a: ‘the last accounts. ir. and Mrs. Jamos Stark had arrived at New Orleans from California, and commenced an nent on Dec. 7 at the St. Charles. At Charles ‘ton, 8. C., Miss Avonia Jones had concluded & good engage- ament and had been succeeded by Miss J. M. Davenport ‘The Martinetti and Blonidin troupe were at Crisp’s theatro ‘New Orleaus, at the last accounts. Miss Susan Denin commences an engagement at the Montreal theatre thi; event ‘The marriage of Mr. Henry Iarren to Miss Kato Reignolds is announced. They are at Mobile. “Trial of James Shepherd for Arson in the First COURT OF GENERAL SESSIONS. Before Recorder Smith. Dec. 12.—When the Court opened this morning ethe trial of James Shepherd, charged with arson in -the first degree, was continued. Steward Shepherd examined by counsel for the prisoner—I was in Shepherd’s house about a week before the fire; remember when it was built, and helped to construct it; it was erected about four years ago, as near as I can recollect; think it took ‘three months to build it from its commencement to its finishing; the sills of the house were light beams, four by six; there were four posts in it, three by four, but were not as large as the timber used for :Cills; the floor beams were heavy joice, and placed at four or five inches apart; the floor was made of good yellow pine plank; when Shepherd’s house was first built the roof was made of tin, bata year afterwards tar was put on to prevent the water from coming in; I helped to weather board, lath and partition the house; I also built part of the chimney and assisted in constructing the founda- ction; there was a bedroom on the first floor, and the rest was a kitchen; there were two bedrooms and a ‘kitchen on the second floor; there were two windows below and threo above and four in the rear, all of which had sashes and blinds, and were in good condition, as were also ‘the doors; there were four doors on the first and three on the second floor, one of which was new; part of the house was papered, and the rest plastered; and there were two closets up stairs; the front of the chouse was made of new hemlock boards, and the rear of new rough boards; I am a mason by trade; I cwas not at the fire, but saw my brother, the prisoner, at half-past four o'clock on the same morning at the “‘Twenty-second ward station house; his hands and face were burned; to the best of my knowledge the accused was in my Coa ow all the day on the 9th of June, the day of the except an hour anda ‘half in the afternoon; he remained at my boarding chonse several days. Cross-examined by the Assistant District Attor- ney—I am now detained in the Tombs on a charge of poo eae money toa girl; I was also arrested on r of the same nature, and for another crime by Fire Marshal Baker; it is my busi- ness whether I ever passed by another name or not; any right name is Shepherd; 1 came to this vountry seven ago; I was called Herd by some persons and pherd by others in the old Soantey was never arrested for crime in the old country; [cannot .and will not answer how much time I spent in aasiat- sing to erect my brother's house; 1 saw my brother some boards at a factory—a load—but <annot tell how many there were in it; don’t know how much he paid for them, or for any of the mate- rials of which the house was composed; I boarded “with my brother and hia wife for six months in ‘51 and never saw them quarrel or use hard words to each other; heard my brother say that he intended to build a house some of these winters in Harlem; when T was at his house the week before the fire, 1 saw ‘two bureaus, chairs, a bed, and other articles. Abrabam Demarest — as_ follows:—I am carpenter and master builder at West Tenth street; heard the description of the house as _— by the previous witness, but have never seen it. The Court intimated that the estimate submitted to Messrs. Taylor and Demarest differed widely from the description given by Shepherd. Witness continuing—On looking over this_specifi- cation I can say that the estimate made by Mr. Tay- lor was very low; should judge it would take forty -or fifty days to erect a house of that description; the eeween the value of second hand mate- rial, jially if it was anf the commonest ‘kind of new wood, would he very little; shold not like to construct a house eighteen fect square, two stories high, without # frame. Cross examined—The house would only deteriorate fifteen per cent in value in four years. John Henfling testified that he lived in Fifty-third street, opposite Shepherd's house, at the time of the fire; somebody hallooed “Fire;” he et up and saw the flames issuing from the window; the fire came out of the lower window, and at that time the upper part was not on fire; did not see Shepherd when he first looked out of the window; witness was five minutes dressing himself, and on into the street hallooed “ fire; saw Shepherd mn fo over the fence, and heard him ery, “ My wife,” “my wife;” this fence was near the garden, at the front of the sidewalk; saw two men run to get furniture out of a house near by; saw Geyer carry his bed out. Cross-examined—I am a gardener in the summer and gather coal ashes in the winter; Shepherd's house was boilt when I went to live there, about four ars ago; saw Shepherd every day, and am on Friendly terms with him; Shepherd bailed me out on a charge of robbery two years ago; don’t know what hour L was aroused by the fire; retired to bed at half- meh [This witness was cross-examined at great length by Mr. Sedwick, but nothing of importance ‘was elicited. a Ann Henfling, wife of the last witness, ex- amined for the defence, testified that when she first saw the fire it commenced from below, after which she went into the Ninth avenue and hallooed fire. ‘The testimony corroborated the evidence of her hus- band. Croas-examined—1 knew John May before the fire, and he was not one of the two men whom she saw ag meg ex: in May. When ‘the witness first saw the flames they extended to the roof, and they issued from the lower and upper windows; there was no flames coming out of the door when Geyer went out, but the house was burning np when she ived Shepherd; saw him five days before the Ere, and did not see him save any of his property on ‘the night of the fire; did not know whether Shep- herd and his wife a or not. To the Court— first time I saw Shepherd that it was when he was crossing the fence. ni sah that wi he woke Mr. Trimer up he did not whether he was excited or not. To the Court—I saw Shepherd coming out of the front door, and swear positively that the flames issved from the upper part, that there was no fire below. In to the District mpg Mr. Bogert re- peated evidence relative to quality of the material of which Shepherd's house was made, which he affirmed was full of nails and seemed to be of poor quality; the windows were the best part ¥Re building, and were worth seventy-five cents each; the doors were not worth more than seventy- five cents each; herd had erected his house in constract a fence on a lot ining, which was four days; the front iA ag house was made of old mate tial of different colors. To the Court—The house would not have been worth the taking down only for firewood. Ma Shield was the next witness, who said ‘that she resided on the north side of Tuirty-second street; remembered the night of the fire; saw Shepherd at the station ; he was burn ed, and seemed to be much excited and troubled; he said he thought his wif was burned, but was not certain; witness brow from the station house at 6 o'clock in morning to her own residence; she dressed his wounds,and he took a cup of tea; saw Mrs. Shepherd about five times before the fire; Mr. Shepherd wore pantaloons, a shirt and socks. Cross examined—Shepherd said that his wife was burned in the rains, and that the Dutch had burned his wife; his property , bank boo! lic} of insurance and ee watch vere dentroyed, wit. ness Pow: ane that the lows of his wife was worse than all he should think of that first. Vincent Hi that he resided in Har for the last two years; wit of the gospel; the ‘ast time | 'shouse was seventeen months be- fore the fire; when I first became acquainted with Bhepherd and his wife I-ysed to visit Uhem twice a NEW YORK HERALD, MONDAY, DECEMBER 14, 185' month; I dined with them three times, and they ap- ’ Cross examined.—Shepherd joined the church in i cture counsel the eaid that At for prisoner he to prove material facts 4 by James Booney, The Recorder instructed an officer to proceed to his residence with an attachment, retarnable once. If he arrived before the case was closed, he would be examined; but if not, he would be placed in custody till Nentay. when he would teach him oe witnesses should remain in court during the rial, Counsel said that he would not call any more wit- nesses, and promised to close his case in half an hour on Wonder. Mr. Sedgwick would only occupy half an hour, The Recorder then discharged the jury till 10 o'clock on Monday, requesting them to satis in attendance. ‘The Pay of Members of the Common Council under the New Charter. COMMON PLEAS—GENERAL TERM. Before Hon. Judges Ingraham, Daly and Brady. Dro. 12.—Jonas N. Phillips agst. The Mayor, dc., of New York.—The parties thereto have agreed upon & case containing the facts, which they submit to the Court, pur svant to the provisions of the Code for judgment thereon. ‘The plaintiff claims to recover against the defendants for compensation as a Councilman for eight days in May, 1857, and for the same aorvices rendered by Jesse ifitchall during the same month, the latter claim being asi the plaintifis, The defendants refuse payment of these claims, upon the ground that the ‘isions of the Amended Charter of April. 1857. deprive the members of the Com- mon Council of any compensation for such services after, the same took effect. By the acts of April 12, 1858, and June 14, 1863, Councilmen were substituted in the place of Assistant Aldermen, formed a partof the Commou a. cil of the said city, and wore entitled to the sane compen sation as Aldermen. The case admits that compen sation to have been duly fixed at $$ for each .duy the Aldermen should sit in the Common Council. ‘The question then arises whether the amended charter of 1857 deprives the members of the present Common Council of such compensation. By section 44 of this charter it is provided that no member of the Common Council shall re- ceive any compensation for his services as such member. (See laws of 1867, chapter 446.) If this provision 1s ap. Plicable to the members in office at the time of its pas- sage, there is no authority for the payment of compensa- tion to the members of the Common Council. The previ- Ous part of section 44 refers to offices under tho char- ter, and the defendant's counsel contends that the wholo section must be construed as relating to such officers. By the 51st section of the same act 1 is enacted that the Mayor, Aldermen and Councilmen provided for in this act are to be elected at the first election for charter officers to be held after its passage. I have had occasion heretofore to pass upon the provisions of this statute in the matter of Devlin, so far as the same was applicable to the preseat Common Council, and have held (hat the powers thereia granted were conferred upon the present members of that pody so faras they were required for the purposes of government to prevent an entire cessation of tho powers of legisiation during the year. If this corstruction of the charter be correct, then it necessarily follows that the provisions of the 44th section also apply to the present mem rt, recalled by counsel for the prisoner, | Vers. Many of the provisions of this act have already been acted upon by the Common Council, and the depart- ments are now organized under those provisivas. If tho term “Common Council” is not confined to those hereafter to be elected, then no ordinance for the organization of the departnents could be passed except by those who may be elected under this charter, and if the act does not ‘apply to those now in office thore is no law excluding the present Aldermen from the Cousts of Oyer and Terminer aud Sessions, as provided in the 48th section, because the law heretofore passed therefor is repealed by this act. The Common Council itself can only exist under this char- tor. All its powers must depend on the prosent statute; Decause, without organization under it there is no law which recognizes such office as Councilman, and when the statute provides in general terms that no member of the Common Council shall receive any compeusation for his services as sucb member, Isee no way of avoiding the conclusion that the same refers to the present as well as future members. The former part of the section is not entirely confined to future legislation. It provides for the disposition of fees now or hereafter to be provided, and where the statute is in- tended to apply to officers thereafter to be chosen or ap- pointed, it is express in limiting ite operation to “offices under the charter,” or “provided by the act.” It is said that the act allowing such compensation to the members, of the Common Council is not repealed. The proviston of the 44th section, if applicable to the present members would repeal of that statute, even if no express re- = was contained in the act by the 54th section. All jaws incousistent with the act are thereby repealed; and if the provision above referred to applies, then the statute would be inconsistent with the new charter, and would be expressly repealed thereby. The 55th section of the act prcvides that it shall ake effect on the Ist of May then ensuing, also shows that the Legislature intended chat its provision should be operative in some parts at that time. jt is contended, also, on the part of the plaintif that the amended charter of 1857, is a local Dill aud embraces more than one subject, which is not expreased in its title, and is therefore unconstitutional. The provision of the Constitution is that no private or local bill shall embrace more than one subject, and that shall be expressed. (Titie B, Sec. 16.) lam not prepared to admit that the act in question is either a private or @ local bill. It can inno sense be called a private bill. lt is intended to regulate the government of a city containing a large portion of the of the State, authorizing the city authorities to exerciee powers of legislation which, without it, would be- Jong to tho Legistature. A private act is onc of an entirely different character, relating to private and not public inte- rests, and to individual cases and not to a whole commu- nity. Nor dol think such an act, devolving upon other the powers which the Legislature possesses for the purposes of government, can be called a local act. In the case of Conner vs. the Mayor, &c., (1 Seiden, 285,) au act was un- der consideration providing for the salaries of certain off) cers elected in the city of New York, to which the same objection was made ax inthe present case, Judge Foot, in his opinion, referring to this objection, says: “In my Pope act is og private po ea or aga says: “Regulating the amouut manner of paying the ‘officers, ‘or a given number of the offlcers of a county of this State, for their official services, when such services: are rendered in, and form Cag of the admimstratiga and execution of the laws of this State, and affect fhe Titizens thereof who come within their range, can neither be pri vate nor local in the view contemplated by the constite tion.”’ With much greater force may these remarks be ‘applied to a statute providing for the government of a Py of the territory and population of the State, delegating powers of legislation, and authorizing the pas- sage of laws an well as administration of them, which in their operation affect all tho citizens of the State, who cither in their persons come withia the range, or whose roperty is within the limits of that jurisdiction. Nor do think the provisions of the statute can be said to be of more than one subject, The act was intended to or add to the chartor of the city, The previous had conferred on the Aldermen the right to sit as Judges of the Oyer and Terminer and of the Sessions. in framing the new charter, ax well aa in the act to amend the char- ter of 1849, passed April 12, 1863, it was deemed advisa- bie to prohibit the Aldermen from exercising that power, and it was proper and consistent with the other provisions of that act, and a Lae any | partof the system contem plated thereby, to prohibit those who formed a portion of the city government from exercising any longer such powers. The ferther provision, that the remaining Jad in those courts shoul holi the same without tbe Alder- men, was only necessary as declaring hat would follow from the prohibition. If, however, there waa any doubt Upon this question, it is not necessary to declare the whole act void. So much of it as is consisttint with the title could be sustained, Such was the decision gf the Supreme Court of the Second district, in the town of Fishkill vs. the Plank Road Company (22 Barb, S$. C. Rep. 634,) in which the first section of 4 statute was held to be valid, and the residue to be void on account of the defect in the title. It was also urged that the provisions of the 52d seo tion brought the statute within constitutional objection That section provided a punishment for bribery offered to of communicated by an officer of the city government. It was necessarily connected with the city charter to pre serve the purity and integrity of its members or offlgers, and should not in my judgment be considered as a subject separate from or unconnected with a city government. It can hardly be necessary to discuse the question whether the Logisiatare can take away the compensation of an offi | cor during his term. In Warner against the Peopie—2 Denio, Rep., p. 372—Sudge Bronson hays —1 do not doubt that the Legislature may regulate and redace or take away the foes of an officer. And, in Cormmor against the city of New York—2 Sandford, 865—such right to alter or take away the compensation of a public officer ia maintain. | ed. Tho plainti also claims that the 64th section of the amended charter declares that no right acquired be- | fore the act took effect should be prejudiced thereby. | | ‘This did net apply to prospective compensation not earned. | Sofaras the plaintitl had rendered service, so far his right to compensation had accrued, but no such right can be claimed before the service was rendered. The | cases referred to show that the right to perform such ser. vice may be taken away, and it must of course follow that there was no accrued right to the plaintiff by which he could insiet on pay for discharging his duties contrary to the provisions of the statute. Judgment should be ren- dered for the defendants LIABILITIES OF conszasese aye THEIR SURRTIRS. | Ca: vw. Dredg statutes (see ses- sion laws of 1837, chapter 46 » and 1 chagier 514,) make the executions in the district ce in the city of | New York returnable at a certain period, and the ne giect to return them is a default on the part of the officer, for which he and his sureties may be made liable, It does not follow, however, that the constable is in all cases Liable for the whole amount of an execution in a case where he neglects to retarn it. The provisions in the Revised Statutes on this subject, as applical Jastices’ courta, do not apply to the districts court w York, and although prima facie the plaintiffs ta eomed to be the amount of the executio juke the Sheriff, may show that no damage of leas than the full amount has been sustained, and limit the recovery thereto. The recovery against the Constabl prima farie evidence of the amount for which the surety is Hable. APPEALS FROM MARINE COURT. Leonard ve, Richmond.—On an appeal from the general term of the Marine Court to the Common Meas the Code does not confer upon the Common Meas the power to order anew trial. The Common less can only reverse the judgment, and leave the parties to a new application to the general term of the Marine Court for the proper judg. ment, APPEAL FROM JUSTICES COURTS, ‘The Mayor, e., of New York, vs. Sharkey.—Tho Justic after the trial, reserved bis judgment for more than four days. Under ordinary cirouunstances this would be error. For he is required by the statute to render judgment within four days after the trial. But im this case the delay was at the request of the defendant, against whom the judgment was renored. Fle cannot make the objec tion on appeal. The lanev me of Judge Woodruff, in Redfield ome. Florence, (4 E. D. Smith, p. 889), i# appro. priate: “Lam 0% willing to encourage an appeal founded on such grounds, where the defendant encouraged the elif that he consented to theadjournment.”” With much more propriety may it be sald where the defendant ac {ually asked for the postponement, City Intelligence. A vor mmPoon—A Cau Uron raw Cuanvtaven—The managers of the New York Infirmary for wsmen and children, will open a fair for the sale ef useful and orna- mental articles at their building, corner of Bleecker and Crosby streets, on Tuesday, the 16th imat., at one o’olock. ‘The fair 1s to be continued through the woek and the pro- ceeds devoted to the benefit of institution, Wo have doen favored with & sight of the rules and regulations, and are to state that the affair will be conduct. ed in a businvss like manner, and that the oxpedients for pci monfy from the pockets of tho unwary, usually doe orthodox upon such occasions, will be frowned upon and utterly discountenanced. An infinite variety of entertaioment has been provided, and the managers have spared no pains to make their fair one of the most attrac- tive of the season. Foo Wunrmzs ror Steammns.—The recent collision be- tween the Ocean Wave and the Long Branch shows tho necessity of providing every boat with steam or fog whis- ties, Neither of the above boats wore so ered or the accident might have been avoided, and thus by an outiay of fifty dollars the owner m‘ght have avoided the risk of loosing both boats. When will steamboat proprietors learn wi THE FAMILY HERALD. Proceedings In Congress—Trial and Convic- tion of Samue: Keys for the Murder of His Wife- The Utah Expedition — Interesting from Kansas—Murders in New York--The Latest Intelligence, &c., die. ‘Wedneeday's edition of the Famu.x Heratp, amorg othor things, will contain a report of the procoedings of Con Gress up to the time of publication. A report of the Tria! and Conviction of Samuol Keys for the Murder of his Wife. Prorositions for Establishing a Foundting Hospital in New York—Interesting Statement of Dr. James Wynne. The Mormons—Official Despatch from Col. Johnston, of the Utah Expedition—Leticr from a Correspondent in Lon- don, giving somo interesting statistics in regard to the Mormon Emigration—A Sketch of Daniel H. Wells, the Ticutenant General and Second Counsellor to Brigham Young. Interesting News from Kansas—~Arrangements for the Organization of the now goverament under the Lecompton Cone titution. Murders in New York—List of those under Sentence of Death and Confined on the Charge of Murder. News from Nicaragua of the Successful Landing of Gene- ral Walker at Punta Arenas on Ue 26th November. Letter from our correspondent in London. Louis Napoleon's Negro Speculations. ‘The Breach of Trust Caso in Bostou—Report of the Mid- diesex and Bay State Mills, Faditorial Remarks on the prominent events of the day. ‘The Jatest intelligence by Telograph or otherwise. City News of interest—Police Roports—Theatrical Nows —Marriages and Deaths for tho week—Commercial and Mouey Market Roports—Retail Market Prices—Report of the Cattle Market, and a large amount of general reading matter. Terms—$2 a year; four cents a single copy. To be obtained at the office and of news agents. Court Calendar—This Day. Supreme Covrt—Circuit.—Nos. 3%, 216, 216, 367, 371, 306, 2eR1, 1410, 262, 26, 989, 972,'973,'974, 975, 2068, Scraeme Covrt—Special Term.—Now. 56, 143, 7, 40, 51, 55, 71, 9, 91, 116, 126, 134, 187, 148, 149, 157, 180, 184, Iu}, 25, 210, 224," 246, ‘250, 260, 510, 312. Strnnsag Covrr—Opens at 11 o'clock A. M.—-Nos. 702, TO, 714, 715, 178, 511, 679, 712, 700, 719, 720, 721, 722, | 7% 24, 305, 490, 491, 492,’ 661,'543,'695, 711,525 3 237, , 881, 629, 331, 452, | 281, 440, 216, 41, 621. 204, 680, 71s, 420, 426, 426, 433, | 422; 428) 421) 419, 418, 456. Common PLEAS CooRT—Part 1.—Nos. 1846, 538, 530, 1486 16593;, 1398, 1879, 187934, 792, 1604, 1250, 1490,” 1492, 1556, 1800, 1843. Part 2 —Nos. 1860, 1880 to 1494. The Elegant and Tasty Hats Manufuctured by EXPENCHEID, of 115 Nassau street, are unsurpassed in | few York. Price $3 50. \ Goldsmith’s New Academy, No. 900 Broad- way, entrance on Twentieth street. See advertisement. To the Pubiic.—Frederick’s pha, batt . daguerreotypes and atabrotypes are wagon. cepial day gifts, and should be secured at once, at his magnificent (emple of art, Nos, $86 and S87 Broadway, oppo- site Metropolitan Bote!. ce Colds, Consumption, &.—In all upialnte of the lunge, chest, thron net, spitting of blood, ‘asthma, &c., isam will be bound the most sov depot 246 Grand sireel, Batchelor's Hair Dye, Wigs and Toupecs-— The heat in the world, surpassing KU made. Sold aud applied ‘Ss tbe manufactory, ZS Broadway. Oristadoro’s Hair = Wigs and Toupees— The very best ‘ the world. Joaals and retail and the dye prt applied—No. 6 Astor House. Hus Hair Dye, only 4 Shillings a black or brown: best in use. No. 1 Barelay street. table shaving, hair cutting and dyeing. reign remedy. Diseases of the Throat and Li CURED BY WEARING AN OILED SIL™ PTA Molaiened wih j J. R,STAFFORD'S OLIVE TAR | Rheumatic and eseype oy Pains Cease WHEN J. K. STAFFORD'S OLIVE TAR I3 APYud&D, Because it imparts E.cctro Magnetian. Testimonials from George Law, ., Simeon Drs 4 ¥ River. Coleman, Reqs and tom ‘iasay other MBcahckt ry Are at once cured by taking | J. B. STAFFORD'S IRON AND SULPAUR POWDR! and applying Fr ointment, Sold at I6 State street at all druggista. 12 po $1. Ointment, 28 conte. INANCIAL AND COMMERCIAL. MONEY MARKET. Senpay, Dec. 136 P.M, ‘The stock market closed yesterday inactive, with a downward tendency in prices, There are no buyers of stock in the etreet, except the small clique of speculators alluded to, and the supply of railroad securities in the hands of brokers is gradually but steadily incressing. ‘The attempted corner in some of our leading railroad stocks hag exploded and the speculators engaged fad themselves with large lots of stock on hand and no one to take it of them. The whole movement has resulted just as we anticipated and predicted. The easy money mar ket, the anxiety of the banks to loan money on call, the low rates of interest ruling on such loans, all gave an im petus to the operations of the clique of speculators, and for the moment inflated prices, but itwas upon a very artificial basis and without any sustaining strength. It of course depended upon the continuance of bank favors and the abundance of monoy seeking temporary employment upon undoubted securities. Such facilities enabled specu- Jators to carry large lots of etock, but they bad no in fluence in bringing forward outsiders. No influence has proved powerful enongh to induce outside speculators to take bold of railroad stocks, and the combination clique have abandoned ali such hopes. The resumption of specie payments by the banks of this city is an event not ‘at all calculted to help fancy stocks, but on the contrary ts calculated to tighten the screws upon the money market, and induce the banks to pursue such & course as will check as much aa poseible the outflow of specie. An easy money market will give a great impetus to shipmenta of | gold to Europe. The premium of \y to % per cent on gold is now removed and an exportation can therefore be more profitably made. Parties having remittances to make have #0 mach more in their favor, and if they can raise money easily, will draw the gold from the banks for shipment. It is therefore the policy of the banks to produce aigreator stringency in the money market, and to shut off the clase of merchants and agents desirous of sending over ~) cio, The banks have a very dangerous, difficult game to play in the resumption. A failure to sustain themselves would plunge them stil! deeper into diMculties, from which the recovery would be uncertain and tedious, So far as specie strength is concerned, the banks have all that can be de- sired, but the business of the country at large is so much depressed, and pablic confidence is at such a low ebb, that the resun pve ie, after all, bat an experiment that may bo attendet with the mest fatal conrequences. The most cautious, conservative policy must mark banking operations for some time, to confirm and etrengthen them in their position as specie paying institutions. The current cash quotation for the leading speculative stocks in this market for each day during the past week was oa follows — Quotations por Stocks iv tie New Yore Marker. . Tuer, Wed. Thur, Frid. Sat. N.Y. Central RR....74 754% Frie RR cesses AT% WSS Reading KR 1624 68 Yanama RR. 8h Ob Tilinom Central RE, 20 w Gal. and Chicago R. R12 78% binge and RL RR 76 Milwaukie and Mi aio = = Camberiand, .. % O% 9% 9 8% Choy. and Toledo, .... 48% 419 4255 42 40K Mr. John A. Stewart, Receiver of the Mowory Bank, gives notice that a first dividend of forty per cent will be | paid on demaqd on and after this date, w the creditors of that bank, upon all claims which have been established against said bar k prior to the 11th instant. ‘The armoxed ctatemeut exhibits the amgvat of specie exported from this port during the past week, end tho destination of shipments :-— Suurmumrs oF Sect: rom Tux Pout or New Yorn. Stoamebip Black Warrior, Havana, doubloons. $54,700 00 © Do. Granada do. do.... 1,168 00 or one ee, On i... 00, Ship Austratia, Sumatr doliars. 00 Steamabip Africa, Livery im. gold coin. , 50 Do. do, Am. gold coin, 90 | De. do. Sovereigns 66 | De. do, Napoleons . 50 \ Tr. coin. » Do. do, Am. gold, Eng. goid & silver. 142,649 00 Steamship Kangaroo, Liverpool—Am. ¢’dcoin 41,960 00 Do. ‘do. Soveroigns.. 161,026 £0 Steamship Fulton, Havre—Am. gold coin. 257,500 00 do, do. Fr. and Eng. gold, 246,909 00 Do. do, Atmerican silver .. 26,300 00 $2,651,420 51 Previously reported 38,691 987 77 Total, 1857... eee ee cece cece ener vee B41 343,416 28 ‘The receipts last wook from a variety of sources were larger than usual. Another California arrival is near at band. The remittance now nearly duo has been out twenty three days. Wo seo by telegraphic dospatches that the Btar of the West bas on board two million of dol- lars, but that is not large enough to keep up with our shipments. In the past two wooks the exportation of sperie from this port to foreign ports has been more than four millions of dollars. The receipts from California for the samo period will not avorage more than one half of that sum. While the amount in this city may not show a decrease, it will be seen that the supply in the country at large is decreacing. ‘The closing quotations for specie and domestic exchange on Saturday were as foliowa:— Quoranions YOR Sexcum. Per cent. Am. gold. De. coin e motto “E Pluri- busUnum"over S.A. Ten thaler pieces.7 Sp. pillar dollars 1 05 Prus. do. 800 Prus, thalers.... 70cents. Ten guilder piec’s 3 98 Five franc pieces, 97 Ducats... 22 German crowns, .1 08 Patriot dou! French 11.0 Spanish ¥ng. silver, £....4 2004 7 $50 pices U. 8. Assay 14 per cent discount. $20 do. do. % do, do. $10 do. do. & «do. do. Quotations rox Domenic EXCHANGR. San Francisco..7 a8 ¢ 4 ads dis. a2, dis. Philadelphia a i; dis, Buitimore, a hy dis. Richmond E a6 dis. Washington,D.C.4 a— dis. Nashville ad dis. North Carolina. a8 dis. St. Louis a2h¢ dia, 5 alls dis. Jas dis. Milwaukie .. B aB36 dis, ‘Tho rates of exchange upon points still under suspension stiffened at the cloze, and in eome instances an advance of 34 & 34 per cont was made, ‘This is the natural effect of a partial resumption. The annexed statement exhibits the value of general merchandise imported into this port during the week and since January 1, in each of the past three years:— ComMERCE OF THE PoRT oF New York—Vaicx or Imports. 8565. . 1857. Fur the Week. 1855. 1866. Dry goods... $781,345 1,700,388 727,772 General mdso. 1,269,043 1,831,996 2,033,757 Total for the week. $2,050,388 3,532,329 2,761,529 Previously rep'td.. 143,379,982 203,474,847 210,928,600 Since Jan. 1... ....9146,430,370 207,006,976 213,690,219 ‘The following table will ehow the exports of the principal staplo articles for the week and year.— ———1856.—-— —— 1857.—--— Week end'g. Dec. 10. ‘Amount. Value. ‘Amount. Value. Cotton, bales 6,170 $303,434 1,349 $78,508 Flour, bbls. 363,121 19,369 140/046 Cornmeal, bbl 4,788 7672408 Wheat, bushels. 686,406 128,114 129,446 Corn,’ do. 14,968 BIT 3,712 Beef, bbls. and ot 200 4,250 Pork, do. Bol 19,889 Wiis sksixenese $1,279,527 $948,557 Decrense of week as compared with that of 1856, . $90,700 The following is a comparative statement of the valuo of exports from the commencement of the year to Decom ber 10:— . 974,719 . 277,09 Decrease as compared with 1856... The earnings of the Michigan Central Railroad for No- as foltows— vember wer Passengers Tt Canandaigua, hoe purchased the interest of Mr. Antis in the Bank of Canandaigua, and will hereafter be assoadited with Mr. Hart in its management. Provision line heen made for the redemption of its notes, and thero is reason to believe it will recover from the effects of its late em barrassments. The following table shows the quanity of some of the principal articles of produce lef at tidewater from (ho commencement of navigation to the 7th inst., inclusive, during the years 1856, 1866 and 1867:— | Rucerens or Propvcr at Tipxware. 1865 1866. ‘The annexed table exhibits the decrease in quantity of each article, and the decrease in value at an average mar- ket price, received at tidewater this season up to Dec. 7, compared with the same period last year:— Propvce Larr at Troxwarer 1856 asp 1857—Dacnesae rv Qcanrety awng¥ lene ‘av. $4.25p. bol. ‘$1,571,789 25 Wheat..11,700,992 6,280,357 nie. 6,892,323 75 Corn... 0,587,714 8,507,978 sha ten, 8,900,594 84 Parley, 2,082,832 1,900,500 oa Peng 67,822 86 BIOs SR net 0 Mee Poet 46090 12,960" - rapt piste y v av.812 60p.bbi, f 422,946 00 Cheese, 6,158,000 1000,700 te pe 824,160 25 Butter. 462,000 1,686,000, wep te 471,920 00 Wool .. 2,328,000 1,628,000" eae) sais ay. 400. p.' Id. " Total value of decrease ......sceceesse+«17; 720,000 68 A variety of causes contributed to this result. Atno date in the season were the receipts of any one article in ‘excess of the same date last year, which shows tbat there were influences calculated to keep back supplies at work previous to the financial revulsion. The principal ono was, without doubt, the absence of supplics in the inte. rior, The old crops Lad been consumed or sent forward, ‘and when the canals opened the amount of produce for shipment was limited. Since the harvesting of the now crops other influences have beon at work, which have proved equally effective. The scarcity of money, loss o public confidence, reduction in prices, absence of demand, all have operated in different ways in bringing about the same resulte, The course pursued by the bauking institu. tions of this city and State in contracting their loans so suddenly and 80 rapidly cheeked at once the movements of produce toward tidewater, As much aa we may complain of this course it was forced upon these institations, ond the effect was an inevitable con. sequence, The only consolation and encouragement we now have is im the fact that the interior is full of produce, and that in the spring there must be greater activity in getting it forward than in the event of its having come down in larger quantities this season The immense sorplus product in the hands of producers will serve to restore business gomerally to ereater activity | at an earlion di ‘The anthracite coat tonnage by canal ia now nearly over. The serzon hold on much better than it promised » fort | night ago, The fchigh Navigation Company presents an aggregnte shipment up to Swtarday last of &,250 tons, | tops more than last year to | Thuscovados at 659) There has pre ably been enough dome during the woe ending to-day to put the tonnage of the season to 910,000 tons, The Schuyt/!! Canal also makes a vory creditable show, the increase being one hundred thousand e date. The raiiroads are coming out very well, and have the promise of w good business during the winter. The following shows the ope- rations of the trade for the week and season, as compared with same time last year: ——lehigh— ——Schuylkill—y 1957. ‘Week. Season. ‘Season Canal....... 8,491 899,250 1,267,141 | Ruilroud...,10,587 428,823 Total......19,078 1,328,073 1866, Conal....... 6,661 1,186,230 Ir 2148 166,740 Total....,. 7,687 1,861,070 ‘Recapitulation for the 1806, Lehigh Canal, . Dec. 286,980 “Railroad Inc. 263,033 Schuyikill ine, 102,067 . Le 15,616 ‘Total . 4,688,192 F The price of anthracite coal is well maintained, and the demund is good. There is not so much coal on the wharves a8 to create apprehension of an overstock next apring, oven should the pening and the Lehigh Vailey roads bo kept in full operation all winter. ‘The Pennsylvania Ratlroad receipts for Novomber, 1857, are $7,321 larger than those for November, 1856, and that on only the same length of road as they had last year— the receipts of tho canal aud the railroad acquired from the Stato not boing included. Tho aggregate increase for the year, as compared with last year, is $203,209, and fo the year the revenue bids fair to reach five millions, The monthly statement is a follows:— Keceipta of the road for the month ending November 30...... ‘Same month last year 863,122 83 97,321 06 Receipts from January 1, 1867, to December OC RR «$4,015,499 03 Same period last year ri 4,413,199 76 On Thursday of last week the Virginia aud North Caro- lina tobacco manufacturers met in convention at Rich- mond, and adopted resolutions that agents for the sale of manufactured tobacco shall, aftor the first of July next, limit their credits to four months; shali make no allow- ance from tho actual weights of tobacco; shall state the bames of purchasers, and agents sball uot deal ia manu- factured tobacco on their own account, or have any inter vention with brokers, It was also resolved to petition Congress to make it felony for the manufacturers and dealers in tobacco in any one State to use the name of any other manufacturer, or the name of any other Stato, or any other town or district in another State, in branding their tobacco. The recent report of assessors and collectors of taxes makes the following exhibit of private property in the Stato of Texas, a8 compared with last year:— ‘Tux Stamm ov Texas—Asseskp VALOR OF PRORRRTY. Articles. ‘18656. 1857. In value. Land, acres., 46,874,798 $6,604,268. ‘Town lots, Valuo. 11277759 Negroes, number. . below the mark; especially is this the case with those of “horses,” “cattle,” “money at interest,’” and ‘“merchan- dise”’ on band. total value of property as returned is $178,504,205. Estimating the white population at 500,000 souls, this would give $367 to every man, woman and child in the State, and upwards of $3,000 to each voter. Stock Sarvepar, Dec 12, 1887. $2200 Indiana 6’s,... 82 25 hs Frie RR, 15 8000 do... 2 3000 Cal 7's '75..snw 67 3000 Miswouri 6's... 77 1000 HarlemRRIstin 65 20 CB & Quincy RR 59 By 4946 2000 1 Cen RR bds. = Reading RR. .s10 rica.. OT 6 Bk of State of NY 90 160 do. ig 10 Bk of Commerce. 93 100 MicSo&NIa pf'sk. 32 9 Imp & TraderaBk 924; 70 aii 25 Park Dk... 82 20 Ocean Bank 69 10 Metropolitan 9% 800 Del & Hud € Co,. 141 105 N ¥ Cen CITY COMMERCIAL REPORT. Sarenpay, Dec, 1-6 P.M. Asnes.—The market was quict, and the sales limited to small lots *pote at 63g0. 2 63,c, Pearks were nominal Baransrures.—Flour—-The market was heavy, and closed at a decline of about be. per barrel, eapecially on | the lower and medium grades of State and Western. The | transactions embrace! abvut 8,000 barrels at about the | foliowing quotations: — Supertine . 08 84 60 Extra State... 4750 490) Western and Ohio superfin 124800 465 Extra Ohio and Western, 41a 625 Canadian superfine extra sevcee, $668 616 Baltimore, Alexandria and Georgetow! 5166 6 36 Southern fancy and extra... 50a 7100 Choice extra family and bakers’ brands.... 675 a 8 26 Rye flour sereee 3508 430 Corn meal - 30a 350 Canadian’ flour was easier, especially for common grades, with sales of about 400'a 500 barrels at the above quotations. Southern brands were without change of importance, while the sales embraced about 700 a 800 | bbls. at the figures given above. Rye flour wae quiet at quo- tations. Jersey meal was selling in small lota at quotations. Wheat—The market for common and iaforior grades was easier, while prime to choice lots were scarce and Srm. The gales embraced about 20,000 bushels, including 6,000 4 6,000 bushels Chicago spring at 9c. ‘a 970.; Indiana white at $1 20 and red Ohio at $1 12; Milwaukie club at red Indiana at $1 13, and common white 20, Corn—The sales were confined to out 12, ushels, including new Southern white at fiSe. a 68¢., and mixed and yellow Jersey and Southern new at 2¢ 63e. Rye—Sales of about 3,000 bushels Northern | were made at 7c. a 76c, Barley was reported sold at 83c. for four rowed State. Oats were in fair demand, sales of State and Western at lc. a 480. Correk.—The sales embraced about 1,000 mats Jaya at 1514¢. a 16c., 300 Rio at 1e. a 10}¢., and 50 do. Maracat bo at 11346. a 120. Corrox:—The sales were confined to 100 a 200 bales, closing quiet, without change in prices. Dealers were still waiting the receipt of the Ruropa’s news Freicnts.—The engagements embraced about 26,000 bushels of wheat in bulk and bags for Liverpool, at 4d. 8 Sd,, with some tour at 1, 6d., and cotton at 4d. a 5 Sad. To London 1,000 bbls. flour were engaged at 2s, To Glasgow 26,000 bushels of wheat were engnged per packot , at Bo. a SK. bark Jane , in bulk and — was no change in rates for the Continent or for Cal: fornia. Frert.—Sales of about 400 «600 boxes raivins were made without change ja prices. Hay ¢ sales embraced about 1,500 or 2,000 bales for sbipment at S6c. a 650. Limn —Moderate sales of Rockland were making at 80c. for common, and at $1 for lum; 00 bhds. Porto Rico were Motasuat—Salea of about made at 26c, and 30 do, Cuba muscovado at 24c. Navat Storms —The market was inactiv About 200 bbls. spirite turpentine at 400, cash rosin waa quiet at $1 36 per barrel of 310 Ibs., deliv. ered. Onia.<-The market continued heayy and prices un changed, while sales of all kinds wore light. Pxovisions.—Pork—The market was dull. The sales embraced 100 bbls. old city inspected moss at $16, with sales of country aning do, at $16 25. Prime was quoted at $13 60% Beof was heavy, with sales of about 100 bbls. in small lots at $5 75 for country prime, and at $9 9 $10 for country mess, Beef hams and prime mess were quiet and nominal. Bacon was unchanged and sales limited. Cut meats wore dull and prices the same. Lard was in fair demand, with sales of about 200 bbis. and tierces at 10¢. «1036. Butter and cheese were unchang ed, The supply was ample and the demand fair Rick.—Sales of 100 tierces wore reported at Bc. a 3X0. The latter figure for prime. SvGat—The market wae stiff, hut sales more mode rate, ‘The transactions embraced about 200 hhds. Cuba ca Te., incinding 60 hhda. Porto Rico fat the latter figure; 176 hhids, molado, part at 30. & 35.0, 0 B4Ke., and about 200 boxes at 6ig0. a BKC. iaKKY.—Salee of 300 a 400 bbls, were made at 224¢0. a We, Cocoa.—Sales of 150 bags San Blas wore made at pri- vate terms. Sricks.—Sales of 20 caves of nutmegs were made at $4.50, a lia A S80 Ta m. YROUP, RHRUMATISM, SORR coud Five thonsand can be sine prine % Cor Uandt street, New York, TRSON'S SYR! NO HUMBUG.—ANY DISEASE OP seroful either womb, in laine. Tt mogical. Ail roots and no misers ‘aera nope wake quart bouts, male by CH Se kho some Betieay aod treet, N 5 LL AS SISCELLANEOUS. a ow 100 Serer Meenas Mare, Henry Langenbeim, — r~ Fie a hone, oS tote Tee, pind ques SYRUP HAS NO NEWSPAPER PUFFS sundown names. For sale by C. H. RING, corner Brondway and John street. IBGON'S SYRUP IS NO HUMBUG.—| fi to do. For sale by O. i. Broadway and Joba street. ABSON'S SYRUP 18 IN QUART BOTTLES,—DEPOP in ath Washington avenue, Albany, N.Y. Foraste by ©. H. RING, corner of Broadway and John street IBSON'S SYRUP WILL CURK THE MOST DIFFIOUM® aase of serofula or seoret disease. Itis magical, Pow sale by Broadway and John street, TRAON'S SYRUP ON THE LIVER OR WOMB OOM sure remedy. For sale by C. H. RING, cor- Ting, commer ad NC laine is ner of Broadway and Jobn street, TREON'S Sreny, Ik ALL ROOTS AND SUGAR—N@ minemai—and that is whai the blood wants. For sale by ©. H. RING, corner of Broadway and Jobu atrect. Gin? SYRUP, ON WKAKLY PERSONS, [6 MAGE. cal it_and jndge for yourself. No humbug. Per ING, corner of Broadway and Jobn street. OOK AT THIS.—WATER PROOF BOOTS AND SHOR of the Srat quality selling off at less than first cont, Alas nt leather boots and aboes, and the largest assortment boota, minses’ and children's boos nod shoow AHILL'S, 317 Broadway. ‘Oks =TO ENGLAND, IRELAND, G0OR EMITTAN' LAND and Wr imiue aight bile CYtrory UNION BANK OF LONDON, NATIONAL BANK OF SCOT! BELF AB’ LAND, T BANKING COMPANY, Ireland, £1 upward, at $6 per &. TAYLOR BROTHE: Non t6 Wal Tn sums BANKERS, ‘Wall street Now Ye MARRIAGES AND DEATHS. Owing to the increasing number of false announcements of marriages that are palmed upon the newspapers, we have determined bereafter not to insort a marriage motioe without the endorsement of the Divine performing the Ceremony. Married. Bexnert—Vourex.—At Now Hartford Contre, Conn., om Sunday, Nov. 29, by the Rev. Kdwin Hall, Jr., Mr. Manrme Banneit to Mrs. Mary ANN Veuree, both of Now York- Downs—CarLovan.—On Monday ‘evening, Oct. 12, gr Rey. Dr. Hatfield, Mr. WiuuaM H. Douny (0 Miss Erm Caxzovan, both of this city Thea. Baxrert.—Many Barrett, tho beloved wife of Edward Barrett, aged 34 years Her friends aro requested to attend her funeral, this (Monday) afternoon, at one o'clock, from har tate 'reat- ence, No. 164 Kast Twenty fifth street, between First and Second avenues. Her remains will be taken to Calvary Cemetery. Brain.—On Sunday morning, Dec. 13, Mrs. MancaRme Bian, aged 80 years. Her friends, and the friends of her family, are r fully invited to attend the funeral, from the residence of her rou, John Kiair, No. 65 Fulton strset, Brooklyn, thie (Monday) afternoon, at two o’cleck precisely. Busvy.—On Sunday, Dec. 13, Parnicw iv, of the parish of Kill, county Cavan. Ireland, aged 26 years. His friends are respoctfully invited to attend the fune- ral, this. (Ceermmysh morning, at ten o'clock, from St. Vim- cent’e Hospital, Eleventh street, near Seventh avenue, His remains will be taken to Calvary Cometery for intor- ment. Dorms —Suddenly, at his residence, near Jamaica, Te 1, on Saturday, Dec. 12, Josian Dorkaue, aged 55 years, 2 month and 6 days The relatives and friends of the family aro r invited to attend the funeral, from the residence of bis father, David Duremus, at Newark, N. J., to-morrow (Tuesday) afternoon at two o'clock. ‘His remains will be interred at Newark Dovenerty.—Denwis Dovanenry, in the 52d year of tia ago, of inflammation of the lungs. The friends and acquaintances of the family are respect - fully mvited to attend bis fuperal, this fonday) after. noon, at two o'clock, from his late residence, No. 313 Broome street. Hoxke.—On Sunday morning Dec. 13, aftor a long and severe illness, Mary Horne, 16 years and 6 months, ‘The friends of the family are respecttully invited to at- tend the funeral, this (Monday) afternoon, at half past one o'clock, from the residence of her parents, No. 276 Mote street Hvyt.—On Saturday night Dec. 5, at his residence, Ne. 62 Forsyth street, Hinam Hew, aged 61 years. ‘His remains were taken to South Canaan, Conn., on Mon- day, the 7th, for interment. wuert.—On Saturday, Dec. 12, at Astoria, L. 1, Buma- nemn Wine, infant daughter of Henry J. and Mary L. Mabbett, Norton.—On Sunday morning, Dec. 13, of consumption, Amro F. Norton, aged 42 years and 7 months. The relatives and friends of the family are invited to at- tend the funeral, from his late residence, No. 7 Third ave- nue, to-morrow (Tuesday) afternoon, at three o'clock. ‘TucKsR.—Tukopoke TUCK, aged 13 years and 9 months. His remains will nwood Cometery this (Monday) afternoon, at . ‘The friends and re- latives are respectfully 4ny ited to attend the funeral, from his father’s residence, No. 3% Broome street. Vaxpevena —On Saturday evening, Dec. 12, Gronam Vanpevano, Jr., in the 34th year of bis 4 Ris ¢ friends, Xa thove of bs father in law, Thomas Valentine, are respectfully invited to attend the funeral, tomorrow (Tuesday) morning, at ton o'clock, from the residence of the latter, No 83 Fourth street, Wil: liamsburg. The funeral services will be performed at Grace church, Jamaica, L. 1, at1P.M. The cars leave South ferry for Jamaica at 10 A. M., and return at 3 P.M. Weekly In the city and county of New December to the 12th Total, 354. females, ‘ 2 2 disease of kidneys. of . ‘ Apople Inflammation of le Beds ‘ Inflammation of the beart 2 evting from bowel, tn Of liver... 2 Riceding from Inugs... inalematien of oo Bowels, disease of. Inflammation of Broncliltis....... Influenza... Burned or scalded, Intemy Cancer ees Jaundice,........ Cancer of the breast, Kidneys, disease of Cancer of the fac Palsy... Parturition, difficult Premature ‘birth Pastule, malignant Retention of urine Rheumatiom , Serofula, , Congestion of the lungs. Consumption. Convulsions adull Convulsions, infantile. . Suicide Suictd Eryripelas ... throat . Faity liver... Suicide, by laudagum..., Fever, puerperal... Teething secktes Fever, remittent. Ulceration Fever, scarlet... Uleeration Fever, typhoid Fever, typhus. Fracture of the sku The number of deaths, compared with correspond wecks of 1866 and 1866) and ‘of last wook, was aa foe Unknown (not stated) Womb, disease of... L lelelel dedtaialaiedah ded lalelel det tit kl died de td 40 to 60 years 50 to 60 years, 0 to 70 years 70 to 80 years 80 to 90 years Unknown 1 South America 1 United States. 10 Unknown... Total ..... PUBLIC INSTITUTIONS. Almshouse, Bik’ls Island. 9 Ward's Tsk, Rmig't How’. Bellevue Hospital Li Workhouse, Bik'is isi’d., City Hos 6 Be ie ted Nur'y How? —Totak...