The New York Herald Newspaper, February 3, 1858, Page 2

2 FURTHER FROM MEXICO, Everybody*s Plan for Saving the Republic — Gen, Comonfort Reseinds the Tacubaya Pian_ Pesition of Deblado, Parrodi, Vidaurrl, Vieario, and others-- Address to the Brith Minister ney is Raed,” ec. de. &N. COMONVORT'S DEPUTATION TO THE NORTHERN STATES. (From Fl Siglo XIX., Jan. 17.) The following interesting communication has just been pubdliabed Mexican Republic, Federal Army, Detachment of the Vaeguard aud Corps of Observation of the Division of Geperal larrodt.. To mm Comstanperin-Cut:—It is just twelve o'clock, and at this precise instant Mr Fermin Gazales Riestra, a mivieter of the late Con. ETE, bas jost arrived trom Mexico, having been sont ¥ Sor. Don’ Ignacio Comonfort, tor the purpose of express- ing to Mis Excellency General Don Anastasio Parrodi his Views, a8 follows, the errer he committed in accepting the movement of Tacu- He regards it now ax a» error on his part which mig! bave the effect of plunging the country into the most de- piorable anarchy should he persevere in the movement. je is therefore disposed and willing to re-establish the empire of the land, ad to reeigu his power into the hands | of bis Excellency the President of the Supreme Court of Justice, co soon as the several States shall pass a decree to Boch aa «fe J io Chief, sball appear in the capital of the re- ocy General Farrodi will hear all this direct from the mouth of Don Jobn de Robles Martinez, who is ‘at this very moment entering the mail stage to communi- cate with General Parrodi. No doubt this information will cause General Parrodi to accelerate his movem@s, iuas- has 1 amof the opinion that the eartiest possible ty of one representative from every State of the me: Uuion 1a Guadalajara is now become a matter of primary importance and necessity Not a singie solcier has lett the city of Mexico. Vera Croz bas returmed to order—that is, to the constitution, jes 1a Liaye, Alatciste and Geueral Negrete are en camped ound the gates of the city with more than a thourand wen. Part of the brigade of Zuloaga is disposed to co-operate, On the re e+tablisbment ef orcer. I Lave the honor of communicating the above facts to Four Excellency for bis tpformation and satisfaction. God erty. Lagos, Dee. EMILIO REY. ‘0 bis Fxcellemcy the Governor of the State of Ague: calentes PROCLAMATION OF THE COMMANDER OF THE CITA- DEL OF MEXICO. {Translated for the New Yor Hexaup from the Siglo XIX, Jan. 17.) Mexicays—The hour of life or death to our unhappy coun'ry is now come. Don Ignacius Comenfort, the man who offered us & copstitution at Ayutla,the mau who sanc- nd sustained such a system as was in effect a y of social dissolution aad ruin; this man, frightened at the terrife chasm which he bimself had deen ihe means of openirg vefore his unhappy country, bas b cestroyed the system ef his own creation, and m of a public manifesto, signed with his own of the civilized world, offers to put an disturbances, to cause private and public pro- be respected. &c.,&c. In a word, he has put ical programme’ which is full of’ conciliatory rian prine!pies. But, as it has been the case all his past conduct, he hesitates at putting in ion what be promises, and would plunge us again, se, iu the deepest abyss of the most oo nif uthorities which svpported the eXpressed will of ple, whose sentiments aud desires were plainly riy made bnown at the establishment of the cou 1 of Tacubaya, henceforth disavow this man. They ise him no longer as President of the republic, for e@ to be President the moment he violated and de- 1 the constitution by which he was made President. li, i consequence of this bebavior and conduct— to say the least of it, is especially and signally sus- bey look upon him in the lighi of a mere leader on. The Couvent of Santa Domipgo, the for the Church of St. Augustine, are the chief P * suftport which now present an asylum and offer & guarantee for our religion, for our honor and for our property; which, in a word, give @ny hope for the future, to the eafety and preservation of our country and its inst.tutioms The palace and those who fight for it, their principles are—what are they’ Ask the question of every- bocy, and everybody will reply that the only principle for which they fight ix to sustain the power of Don Ig. Comorfort, in opposition to the overwhelming torrent of the universal public opinion. There is not apy single political idea, there is not any sobtary principle, there does not exist any political or others party whatsoever, which at the present moment ts ‘or can be invoked and called epoa ia sapport of that man who, for two whole years since he Las been in power, has doue nothing else except £0 to injure his country by insen idle degrees as t celiver it up at last ina weak and ex- austed condition to destruttion, ‘The party which in ite essence is and dese to be called the party of extermination, is assembled gether in the Convent of 4an Franci: nd more numervusly in the Sautiseuma chure! bere it utiers its desperate ebouts. It is the party which preaches and talks about isberty, equality and fraternity, and which shows its love ‘of equality by taking tae property which does not belong to them to give themselves an ecqua- Uty in riches with the rich, It is the party which bales and diegraces the army, an¢ labors to supplant it Dy setting up in its stead that borrible parody of an army hey eal! the Nati uard. I is the party whieh gainst imposing burdens upon the mechanic Sud the oppressed workinggman, and which overwhelms them with the exaction of Wuutary service for no other object in the world than that of ruling over and plunder- ing the people in the most reckless manner. Inone word, it is the party which talks finely and prettily, but waich in thet, Dy ite actions, overthrow: all the bulwark: of oar social ex{stenco—namely, our religion, our property an4 Our lunte pendence It is ie that ina very short t echoes of the fratricidal cannon will be heard in the micst of us. The first roar which us will | be terrible. For it will ful fact | ru jocdshed and murder bave now become the | a g elements of our beautiful city of Mexico. Hencejorta the destitution of fatherless children and the Bufferings of the citizens will be multiplied beyoud mea- | sure. The victims wil! be many, But then, also, at the sounds are beard, the man of Asvtia, to whom alone all these increwed’ ascessions of ut e are due, willshe? hypocriteal tears, ia order ho ‘ollow bim may think that such sad fra and sanctified But at all eve whatever be the row defenders of San Domingo and of Will Dave no cause for shame; they will meat same time when thos may the fort with a grave in which they will be covered, pot. with dis grace, but with honor apd glory. — MICHAEL PNA For myself and al! my companions. THE PRONUNCIAMIENTO OF TOLUCA. The following document, by virtue of whieh the State of Mexico signifies ber return to the consti order | (A establinbed previous to the Dictatorship fort hae just been made pub It is we y of remark that at the rame time a pronun (against Comonfort) is made also by teneral ' we eity y of Toluen, in the State of Mexico, on the Lith ° ary, 1868, the citizens. commanders, office whose names are hereunto subscribed, being f together in the old quarters of the Firet Bata er the Presidency of Dou Fix he battalion. the foll tino Vanques, Major in ing resolutimus were as, the pationnl will has been fully and sufficient the several States of the Mexican Governors ena tand Gore reepect the dersigne d ha wing arvicies — The State of Mexice pal order, an¢ eter + whieh aseemmb hereby returns to the com into the v “ those port the pooular repre constitution of Feb. Iturhide ts hereby nominate! Pro general Congress shal! meot it is provided to assemble a genera’ and also, General Lanberg is nomia f the State of of the nam ares »mander in Chiet To the above is appended « long | members signing the document NCIAMIENTO OF VICARIO IN CUBRNATACA. Cremxavaca, Jan, 13, 1854. «that the promunciamiento carried out in the @ on the 17th of December last has torn s of legality on which the government, Called copstitutional, whose chief was D. Ignacio Comm fort, was founde®: considering that such a promuncia mirnto has pot received the general sauction, and thet on the contrary it caused the division of the republic— geome of the States proclaiming another banner, and going back to the so-called on totional order, to maintain which they pretend to re-sssume theit sovereignty. Not. withstanding that the constitrtion of 1857 deserved the execration of the entire se portion of the nation, on account of ite being contrary to all copservative principles Of scciety, and of ite trampling under foot the dogmas of our bely religion; considering that in such a dis avtrous situation, and in consequence of the Inte events in the capital, where parties under dif ( banners are defending principles oppose’ to each r, there exits no national government, and that whet or governments may exist both in the capital and in the tac and Territories, are merely local and de facto ernme ction amongst each other, and which represent @ political and ya! principle: and lastly, considering that in such @ State Of things every locality, by instinct and necessity of unt take care of Ke own affairs, and mmand bh stantly sup end of re establiehing the reli which have been jeopard i their laws and constitution of nanimowly agree upon proclaiming the following local plan — Article 1. The districts of Tasco Cuernavaca and Morelos become constituted as a Territory, under the denomine tion of the “Territory of Iturt with subjections to general government as the t biie ory stvall be lie pewers will be con the city of titer will keep the command of and nominate a deputy « and ante: + armed force in the bis landed property, capaoty Juence from di nts, for each district, and one substitute, for forming the T ritorwal Janta 4 The Junta shal ced to the elect ery ip the Territ the peiitieal eb tors . 6 As soon as in the capital of te moot which decerves the anpr A the po yes ea Maye been cota oly after ite install al chief who is © nd shall make the organic law which is to obey in the regulation of hie func ” repablic a govern mof the majority of , his Territory will half past | D. viz: That he (Comonfort) has dicovered | and as soon a& General Parrodi, or any other . >| 5 | the fe 1 General | NEW YORK HERALD, WEDNESDAY, FEBRUARY 3, 1858. recognise and su it, provided the peltical character x to ay Phy be proserved to e 6. This act shait be circulated and strictly followed by all ci ‘and military authorities and the adimiatstrators of | the custom houses of the districts which Compose the ter- ritory 1 whosoever will remse to obey it shall imme diately be removed from his office aud expelled from the ory 7; "The troops who made this prontenciamiento are cl ed with the preservation of order and public tranquillity, and wi the prosecution of criminals within the territory. JUAN VICARIO, PROCLAMATION OF GEN. ECHR AG ARAY—MORENO AND COROS IN POSSESSICN OF OAXACA—REPORTED SHOOTING OF DEPUTIRS IN OAXACA. {Correspondence of the Mexicau Extraordinary.) Citizens of Puebla—General Negrete and Colonel Trejo baving failed mm the fulfilment of the solemn compromises they had contracted, have joined their forces to those of the licentinte Alatriste, aud Lave established their head- quarters iv the village of Santa Anna Chiautempan. From the city being open in all directions, your property and lives might be endangered by an endeavor on part of | those forces to enter it; Md, in order to avoid apy suddon auack, 1 have determined to :ortity the town—not for the pur pore of awaiting the enemy bebind parapets, should he dare to invade us—for I shall go out to Gght him in his own lines—Dut to secure the sity, which, without this pre- caution, might preven’ my going out against the aggres- | 8078, and place it at the mercy of those men of the party which support those chiefs, The measure ought not to create the least alarm, nor ought it for ene moment to in- terrupt the orcinary occupations of the inhabitants, ner | current mercantile transactions, whose security is under the care of your Governor and friend, MIGUEL M. DE ECHRAGARAY. Prrnta, Jan. 9, 1858. You will see by the preceding translation of a pro- Clamation issued this morning by Gen. Eel eng erey that we are threatened by another siege. The defenec of the city has been commenced, and trenches are being opened | imthe streets. Santa Anna Chisutempan, where Gen. Negrete is said to be, lies about seven leagues to the north of Puebla I suppose he has about a thousand men. The parrisen of the city consists of nearly the same num- ver, with five pieces of ardilery. Probably they may get apother thousuad of the mob to join in the defence of the city Negrete is popular, and can reckon upon ap addi- tion to bis force frou the rabble, Gen Echeagaray is, I believe, a well meaning man, but instead of adopting a middle course he has thrown him- self ertire'y into the Lands of the reactionists, and conse- quently given offenive to men of moderate opinions who might have aseistec him had they not bad strong evi- dence that his policy is not to form a fusion of parties, as the programme of Gen. Zuloaga’s plan promised. From the character of the men I observe taking an ac- tive part in her city politics, 1 shall not be astonished if we have a siege, ana Gen. Echea; y triumph to see his present satellites leave him and pronounce for Santa Anna and “Bases Organicas.”’ I fear the clerical party are making a mere tool of the General in furtherance of ulte- rior and sinister designs. 1 )ittie doubt bot that the triumph will be for the consti- tution of 1857, for public opinion is very decided iu favor of tbat regimen. As might be expected, the alarm is very great, and the exodus has commenced. Those who have the mears are removing gheir families to a distance. ‘The State of Tiascaia, our neighbor, has dispronounced and re-hoisted constitational colors. The capital of our State may be said to be the only point proneunced, for all | its other towns and villages bave adhered to the revolu- tion, either under official influence or military dictation, and under the least shadow of protection] would declare themselves constitutionalists. It is believed here that Lallave is marching with part of | his forces from Orizava against Puebla. Alatriste reconnoi- tred the city yesterday, aecompanied by fifty cavalr; He looked down upon us from a height at half a mile’s distance. ‘ itis remarkable the number of Santapista officers that e shown their faces bere in the last few days. Three isenciados pronounced in Huamantia for Santa Anna, but they will not long remain so near Gen. Nogrete. ¥. 8 —I have just beard, from pretty good authority, n. Negrete does not intend now to attempt to enter Puedia, but will march op Mexico to protect a movement there. ' An ¢xtraordipary bas been sent from hence to Cocos, orgering him to come here with his forces in all baste. Preuta, Jan. 11, 1858. It is very currently reported to day, and believed, that on the 6th inst. Moreno and Cobos took the Convent of Santo Pommgo by assault; that they had adhered to the plan of Tacubaya, and bad been joined by a force from Tebuantepec and part of the Oaxaca rabble. There are ad- tions that require contirmation, such as that they had bung several deputies and other high personages. Quite possible but it x to be hoped not true. The fortifications here are nearly completed. The con- servatives say ali differences between the Presidevt and the interior States will be settle ina few days Negrete’s forces are in Tiascala and neighborbood. Alatriste visited the city yesterday incognito, but got safely out again: a bold stroke, for had he been caught hie life would have paid ferfeit. . Agrea: many people are leaving to join Negrete. He can not muster more than 1 500 men, aud to beseige Pue- bla and take it by fair fighting will require a force of from five to six thousand. 1 do not see the shghtest prospect of our not being shut in for some time to come, aud ere long we may escape from « siege by other events that may promptly develope tLemeelves. Yesterday 30 men of the $d Infantry deserted and went off to join Negrete, The decree is printed annulling the Lerdo de Tejada Jaw: but there are diffleulties in the way of publishing it; ‘no inck of will but some think it premature. POSITION OF GOVERNOR VIDAURRI. pags La Sociedad, January 9. } Tt eeeme t D Santiago Vidaurri, the leader of the North on whom the bopes of the constitutionalists chiefly , does not at all fulfil them. informing bim of the events at the capital, the > that ¢ feelings of gratitude, that the attack which was | tanting should first be settled. respect to all ee ime hos proved the means of Cy) OG | ther matters in dispute, be added. formal and fy! y and frien: on ail sides, and - | xprees instructions which he had received from his gov- ever imperfectly Lam ww acknowledge them, I trust ernment would not permit him to enter at the present [shall never forget. I request you, gentlemen, to poet time upon any in relation to such matters un- yourselves aud to convey on my to British sub- \ til after be have been ri ized and received as jects who have signed the address entrusted to your care | the acknowledged Minister from Mexico. the aseurance of the deep obligation under ‘witch I feel M. Pidal, however, the Minister of State, insisted upon by so sigpal a mark of sympathy and his previous requirements,and wholly refused to receive will. Thave the honor to be, gentlemen, an most obe- | M. Lafragua officially a» Ambassador Mexico until he dient and grateful servant. W. G. LETTSOM. should have complied with his demands. C. Wirremxap, Evstacus Barros, R. B. Watson, ‘Thesejkinds of jons were kept up, at different in- [iroce 33 Mentos, Jan. 22] France and’ \d between the two they ended Five capitalists of this city have latterly made a loan in poth: h government amcunting to $250,000 to the government, paying one- halt of the sum in cash, and the other balf in bonds. M. Manislaus Hargovs, a citizen of the United States, as the only person lending in this affair. ‘The $250,000 are to be paid out of the same fund—trom the revenue of the ‘maritime Curtom Houge at Vera Cruz—that is appropriated to cover the $240,000 taken by the reactiouists from the residence of the English Consul at San Luis Potosi, as goon ag the last mentioned sum shall have been repaid. In case the goverpment should not pay the $260,000 lent 10 it to-day, after the space of eighteen months, it will Jose three millions of dollars, in bonds of the interior debt, of those to bk by M. Antonio Escandon, in vir- tue of the decree which granted him the privilege of the railroad, which three millions are from this time mortgaged to the lenders represented by M. Har; 5 We think that the government of United States will not give its pr tection to contracts of this nature; nor do we believe that such a contract exists or will be realized, when, independently of all other cousiderations, it must be observed that sitnilar contracts are made for the profit ofatew, and to the posit prejudice of all those who have legitimate rights aud well acquired demands against the Treasury, abd who in this case see therr claims ad- journed indefinitely. AFFAIRS IN GUANAJUATO. {From El Boletin Comercial, Vera Cruz, Jan. 20.) An extra published in Guanajuato says:—There are already in this State 4,000 men uncer arms, and the peo. Je are still called upon, but arms are wanting. From a al dated from that city, Jan. 9, we take the follow. 1 — It is absolutely false that there has been any difficulty between Senors Parrodi aud Doblado, which wiil be Eve to you by the prompt and energetic reply given to Ajuria. The rare consistency, self-denial and activity of Sr. Doblado make bim the strongest bond amongst the united governors* who, as you well know, are all of them men of fixed principles and distinguished for their morali- ty and Faciy-eiy The troops are sprea’l from Celaya to San Juan del Rio, and on the dar following the arrival of Sr. Parrodi the vanguard will start for Arroyozario, all being ready for that move. Mejia ha« retreated between Ixmiquilpan and Huicbapan at the mere news of the arri- val of the troops at San Juan dei Rio, The Inicio Publico, of Guansjnato, of the 1¢th instant, speaks of the commissioners who arrived in that city in the following words:— A rumor was afloat lately that the State government was in negotiation with several commissioners from Senor Comonfort. We are authorized to declare that it is a fact that several persons sent by Senor Comonfort have ad- dressed to his Excellency the Governor propositions of an agreement in order toprevent civil war, but Senor Dob- lado not accepting any of them, sent back the said com- missi¢ners and remained firm in the resolution set forth in his manifesto to maintain the actual institutions to the utmost, and notto admit any other basis of transaction with the revolutionary government but the return to the legal order. SPAIN AND MEXICO. (Translated for the New York Hraup, from the Paris journal Le Pays of Jan. 12 Mr. Lafragua, the Ambassador Extraordinary from the republic of Mexico tothe Court of Madrid, has just pub- lished a memoir concerning the negotiations pendiog be- pete bis goverment and that of her Majesty the Queen of Spain, This document, which gives a summary view of all the matters in dispute between the two governments, presents afaithful picture of the true position of things at the pre- rent moment, and is on this account extremely interesting and valuable. Tn addition to this merit, the document is drawn up in a spirit of great moderation, such as deserves commendation. ‘The original cause of the dispute between Spain and Mexico, and which at length has broken out into open rupture, may be traced back as far as the Couvention of 1853, which was beld for the purpose of effecting a liqui- cation of the acknowledged debts owing by Mexico to Sperish subjects. In the early part of the year 1856, after many and long negotiation, the Spanish Cabinet des] hed Mons. Alvarez to Mexico, in the quality of Plenipoteatiary, who was commississioned to demand on the part of the Mexican geverrment the immediate performance of the engagements it had entered into, and in the event of a re- fusal or denial on the part of Mexico, he was charged to yesort to measures of force. The Spanish Minister, with these instructions, arrived before Vera Cruz, accompanied by a respectable naval armament. Mons. Alvarez, on bis arrival, demanded the immediate execution of the conditions agreed upon at the Convention of 1858, The Mexican government, however, as a i minary proceeding called for an examination and revi of sundry fraudulent claims set up by certain Spanish credit. ors, which, according to its ansertion, had been baie ly aomi ted as valid claims by the above mentioned - vention. Mr. Alvarez, consequently, did not succeed in the object of his mission, and was shortly afterwards re- called by his governineat. While the matter in dispute still remained unsettled, a new aud serious circumstance suddenly arose, which tended greatly to complicate the imbregho. It was as follows: On the 18th December, 1854, a band of robbers attacked the house and grounes of @ Spaniard who was settled at Sen Vicente. ere men killed five Spaniards whom they encountered, but spared the lives of two Frenchmen whom they were about to kill, on their making known of what Governor of Queretaro be.jeved that in reply the “Sword of Congress’ would have presented himself unsheathed and at the head of several thousand rifies, blouses and revolvers. This, however, Wid pot happen ‘Se. Vidaurri, on receiving the news of the plan of Tacubays, blazed with the fire of democratic indignation, but at the same time anewered that, at present, he was unable to join the leading governors of the holy alliauce om account of there not being Jefta single horse in New Leon to mount bis men. Sr. Vidaurri, in fact, advised the constitutional fo vernors to defend themselves in the best way they could, and he would see what he could do afterwards The communication of Sr. Vidaurri has caused lh | unpleasant impression among tae democrats of the capital. To say that there are no horses in New Leon i cortatnly the same as mocking common sense. PRONUNCIAMIENTO OF TAMAULIPAS. Fl Rifle of Ciudad Victoria contains the following de cree | Juan José de la Garza, constitutional Governor of the th of Tamantipas, makes known t nhabitants that es of the same deemed it deere of the State of Tam sulips nas follows: — ral compact which unites the States 4, the State of Tamaalipas owns the enutral govern: in Article 3, Thy of the republic b Te aseumnen its 60" ment, and will contin ive of the State is authorized— m, set in motion and personally com- to the number of men and at Judged convenient Ii. To leave the capital when be mi | sory, banding over previously the political go the President of the Supreme Coort of Justice. Il] To take posession of the general revenues of the ty the State, including the products of the mari tablish tariffs and collect the duties established ecing euber from home places oa, and to enforce them in the satne mauner upon goods which, proceeding from m houses not occupies by the forces of the State, should pass through the serritory of the same, but without applying to them the penalty of cos fiseatinn. | V. To make contracts mortgaviag the general income of ration of the private revenue of tue State. Vi nter into treaties and alliances with the Gover nors of the other States to the purpose expressed in Art. 1 Art. 3. TheGovernor of the State will render account to | Congrers of the use he shall bave made of the powers en. | treared to him by the present decree, during the whole i tine necessary for accomplishing the Wuties imposed on him by the same Att. 4. The present law sball remain in vigor ouly whea, by ony po tical revolution, the maiptenance of (41s federal em adopted by the nation may be interrupted. The cf the State will have it understood, and take , Deputy President, Cipriano Guerrero, cretary, lumen Guerra y Guerra, Deputy Secre- Meas while it shall be printed, published. ciroulated and pot in execution JUAN JOSE DE LA GARZA. Danio Hal anoRano, Secretary. Ciepan Vievoria, Deo. 28, 1 CONGRATULATORY ADDRESS TO MA. LETTSOM AND HIS REPLY. Below we give the address lately presented to Mr. Lett som by the Hritish eunjects revidit.g here, and the reply of her Majesty 's Charge thereto — ADDRESS Maxioo, Dee. 26, 1857. ndersigned British suljects, resident in «OF THOM i a vidential the evening ot the 16th instant, woen by a band d robbers on the road ¢ attempting te end yourself were fired at by one of them with a pistol, at £0 short a distonce that a quantity of the graiue of powder were driven into your face anit eyes, That your life + h ved under @uch circumstances |< won terful, at accounted for, has forined subject for rej friends and country men, and to the respects society here, whether foreign or Me For ourselves we cannot think without borror of what might have been the result, or, Without @ corresponding feeling of thank fulness, that the peril was ave We sincerely trust that the efforie now making for the discovery of the mia- creants, already, as we uncerstand, Ine degree suc. cessful may shortly pro lowed! by the cone igh end Wwell-merited punishment of the entire @ warning to others tend to repress the ontrages which are unfortunately of such { occurrence in this disordered country. We have p, air, with gr meideration, your most -y humble servante ©. WHITEHEAD. EUSTACE BARAUN n e entirely #0, and be f And seventy five others wey Mexteo, Jan. §, 1854 Orvrpewes—1 beg to thank fou moet heartily for the MMdrese which, on the part of the British subjects residing capital, you have done me the honor of presenting , Conveying to me their sincere and earnest bad on the evening of T was attacked by a congratulations upon the —: the l6th of December Inst, when and of highway y expr are pleased to add that my escape ean. but form the subject of rejoteing, not only to my friends and feliow countrymen, but ny to the respectable portion of eoclety bere, whether foreigners or Mexicans. ' Lbave the utmost satisfaction in being able to state, with ‘oper to issue the | » to be governed by its particnlar | stablitiment of the cuorteution | ecuptry they were. The crime thas perpetrated upon the Spaniaros, bad every appearance of premeditated poli- tical vengeance, for it was accomplished with the utmost id the cries of “Death to the Gachu- a word of coptemp applied by Mesicans to the natives of Old Spain. There was also another par- ticular circumstance which took place at the time, which eecmed to give substantial grounds for such a suspicion. It waa this, One of the unfertunate victima of this crime | cffered the sum of forty thousand dollars to the robbers if they would spare bis life. The marderers rejected the offer, declaring st the rame time that they had not come to rob, but only to kill Spaniards, as they had been order. ed to do by their commander, A certain Mexican Gevera and some of the officers of his division were even pointed at by name in public, as hav ing been concerned in authorizing this asrassination. The Mexican government, however, took immediate steps for the errest and punishment the guilty parties. The Spanish Charge d’ Affaires also took a very active part in premoting aud carrying on the prosecution of the a<sas sing. But, bowever, after all, the jadicial proceedings wade no progr: +s; the prosecution of the offence and its anthors was pot successtul. This failure of justice way have been owing to the innumerable nities presented For there, | in such a cage by euch @ country as Mexiso. according to M. Lafregua, the acticn of the government and ite jodicial officers are greatly bindered or wholly lyzed by many eiffientties Imnost impassab'e te ‘The roads are in many « wide, uninhabited region lies 6 and villages, covered with forests and abounding in mountain recerses. is msy be added the very climate try, the tropical influences of which are not favorable to the active pnrsnit and arrest of fugitives from justice. On the other hand, it may also have been the cave that the Mexican government, in this partiewlar in stance, wax peg.igent in the prosecution of the mater from the fear of making diccoveries which might have tepded to compromise iteelf or some of its favored off cers. Be this as it may, Mr. Sorella, the Spovieh Charge dar. impatient at the i of ©. wd A, as his ultimatum, a peremptory demand upon the Mexican goveroment. an‘ on failing to obtain the special satisfaction whien he insisted vpon, be left the country in the month of February, 1857, tus suddenly putting an end to all diplomatic relations between the two governments. The substance of the ultimatum addressed to the governmont of Mexico by Mr. Sorelia, wax to the éffect that, if within the space of eight da: government should fail to give to the government of Spain the full and cotnplete satistaction which it demanded, viz , the solemn and exemph punishment of all the parties | concerned in the commission of the aesassihation of San Vicente, in such case ali diplomatic relations between the countries would immediately be suspended and broken up. and the Spanish envoy wouf instantly quit the terri- tory ot the republie. The Mexican government also, in fact, from a real de satistaction to Spain, immed this ew despatched M. Lafi in order to cain time, and ew give fall and complete ‘ely upon the happening of ‘ua to Spain. who at that the er A Foreign aftaire, with full powers ipetentiary. While the government did Uhis, it at the same time, caused several persons who were ta the robbery al accured of having been engaged acd murder, to be arrested and shot without judge or jury. ¥ Lafragua, We Course of time, proceeded on his went to Parts, where he hed several sbal Serrano, At baseador from Spain nel with Count Walewak), the nest entreaties of the latter personage, the mexican plenipotentiary immediately after wards vet out for Madrid. He, however, felt some hesitation in taking such a step, and expressed the opiuion that “an ambessader from Me rico could pot honorably enter Spain. except npon the express condition of being recognized and offically re. ceived as such.” He yielded, however, to the stron reventations of M. Waleweki, and proceeded t) Madrid. On the other hand, M. Mid the Spanish Minister, im sisted vipon giving @ political character to the robbery and murder of Ban Vieeme, of December 18. and declared that “the guarantees to be given by the Mexican Minister, and the acts to be done on the part of Mexico in antisfac tion to Spain, were required to precede, and not tocome after, bis reception as Ambassador from Mexico.” The xivirg of this Fatisfaction was demanded as a preliminary save for bis reception Notwithstanding this declaration, however, M. set out for Madrid, where by Next day, in the evening, be the Minister of State at Madrid. At this interview, and at twoother subscquent ones which he bad a few days after wares, M. Lafrogua stated all the facts of the ease, with all their detaile, to the Spanish Minister. He acquainted the minister with the real situation in which Spaniards steod in Mex'co among the people of the country; he in. formed bim of the true situation of the country, and lait before him a view of the disastrous consequences which would flow from # hostile collision between tho two na- tons, Lastly, he assured the Spanish Minister, in the | name ond on the part of his government, that the guilty partics should be punished with the utmost severity of the lafra ame. The Spapieh Minister of State then informed M. Tafre gua, the Minister from Mexico, that ¢he matter in dispute should pot be settled, unless, the same ti ery other question of dispute pending between the two coun- trie ehould first be arranged, especially the matter re lating to the Convention of 1853, and the payrnents settled on that cceasion. Thie he intimated, was the only way in which an amicable conclusion eoull be arrived at, and by which any recent misunderstandings between the two countries Could be satisfactorily adjusted. To all this M. Lafragua replied that it was only the af. fair of San Vicente which had been the canse of the in- terrupton of ye relations between the two coun- ‘ties, and that it be necessary that this misunder- cognized nor received upon any other condition than that of the Mexican poverement baving first effectually pun- ished all the guilty,”” Fromtbat moment the Mexican Minister had to leave Madrid, with ali the attachés of his embassy But pow the matter has assumed a new phase. Tnatead of any further direct negotiations betwoep the two coun- tries, the whoie aftair iz, with the consent of Spain and Mexico, submitted to the official mediation of Frauce. M. Lafrégua.at all events, bas accomplished the mission with which he was charged with a credit and propri which degerve the highest commendation. Notwit! 4 < ing the failure of his mission, we never can believe, as the Spanish journals represent the matter, that this mis- +ieo of his was a mere Hlusion and trick, having no other A mau of M. himselt to be the instrument of such a trick. To convince oneself of this fact it is quite sufficient merely to read the ount which be has published cf the whole transac- n. If we examine the whole subject with perfect imparti- ality, we shall discover at the outset, that the settlement of the demands made by Spain, is not altogether free from the repreach of foul play. Debts were laid to the charge of Mexico, at the convention of 1853, by unprincipled ape. culators, which imposed a heavy burden upon her, and which there is every reason to believe were wholly unjust and unfounded Ou the other hand, Mexieo appears to have acted in this matter with a bad will, which is too evident- This is proved by ber having annulled the decision of the Con- Yention of 1865, without avy consultation with Spain, and baving sequestrated certain Spanish property in Mexico, As regards the crime committed at San Vicente there is every reason to suapect that political hatred and passion had Something to do with the matter. Deeds of such a character are pot uncommon in the revolutionary parties of the Mexicans. The Spaniards in Mexico have often been cherged with teo much intermeddling in Mexican political affairs, and with being too often mixed up with the pumerour plots and conspiracies which are of almost daily occurrence in that unhappy country. Tis quite enough to read the work lately published by M. Mathieu de Losrey to be able to form a complete and correct idea of the condition of things and the state of general feeling in that quarter of America. It would, there- fore, surprise no one, after making a serious examination of the subject, to find that several of the parties into which Mexico is divided may have been concerned in perpe- trating the crime of San Vicente. Furthermore, we feel obliged to say that the Mexican government does not ap: pear to have done all that she ought to bave done in following up the matter judicially. The judges sent to inquire into the ‘matter on the spot, the several inquests instituted, the military execution of several suspected persons without any trial, &e., &¢.—all this does not fully exonerate the government Such at the present moment is the condition in which the matier stands, When the news first reached Mexico of the failure of the mission of M Lafragua, the Mexican government sentcer- tain letters to the several Governors of the confederated Mexican States, requiring them to prepare the means of defence, and to be ready tofurnish their several quota of troops, in case of an invasion of the country being made by Spain. We have no doubt, however, but that the me- diation of France and England will prevent the breaking ‘cout of a war, the effects of which would be most diastrous th countries, but more especially to Mexico, in the ex- hanstea state of her Onances, and in the condition of politi- cal anarchy and confusion in which she now is. The Bark Adriatic and the French Steamer Lyonnals, DECISION OF THE IMPERIAL COURT OF AIX-—LEGAL REVIEW OF THE CASE—COSTS AGAINST CAPTAIN DURHAM. The following d cision was rendered by the Imperial Court of Aix at its sitting of December 23:— COLLISIONFOREIGN SHIP—RESPONSIRILITY. The captain of a foreign ship who neglects to put up lights during the night ig, in cage of collision, to be respon- sible for the damages resulting therefrom, even when the rules of the nation to which he belongs do not require him to have lights on board. Considering that in consequence of a collision which took place on the second of November, 1856, be- ween the American bark Adriatic and the rench steamer Lyonnais, the last named vessel foundered with a rich cargo, and that only a few of the bDumerous crew and Man; ngers were able to save themselves after unheard of sufferings and di c the legal arguments to which that fact has given rise be- fore the French courts, the court is called upon to decide if that collision was piven if there is doubt as to its | causes, or if it is to be imputed to the neglect of one of the captaine, and to deduce the necessary inferences from these acts. Considering that the event which is to be ad- Judicated on took place on the open sea—that is to say, in & piace by ite nature outside the exclusive Kadai or sovereignty of any one State; and which, thouch use common by all nations, does bot exclusively beiong to y of them: that the event took pac ‘between (wo ves- vels carrying different flags: and that in consequence it is pot accerd ing to the poli Ws promulgated by a single ‘te that the court has to decice, in a legal point of view, at ove of the captains committed a faalt—con=idering that the principle of the liberty of the is unquestionable, the application of that principle leads to the rale that the captains whete sbips plough the ocean have to take all necessary csvtion n tto impede the public and free vee of its ber Wo encanger navigation to the praju- dice of seamen; that the utmost caution is necessary when one saile at night, and in foggy weather, to mark out the rente of the vessel, #0 that whatever, in default of rational regulations, the means to co that may be, cither by colored lights or by lamps, round or angular, or ether, the presence and the route of a ship should be dis- Unetly visible—that thie regulation is so much the more to be respected as it is the protection of the interests of marine trade, and by its omis- sion disasters become more numerous, aod that it is bumane and of interpational importance, as well as of pri that the courts of the several States shou'd bring to a sense of their observance those who de- part from 1—considering that at the moment lision @p the 24 of November the Lyonnais signailed her presente and route at a great distance by showing three Yrilliant lights; that the Adriatic, notwithstanding the | night and the fog, Had not signalled her route in any moenner; that it was only on perceiving the imminent darger that a loptern was lighted on board; that that signal (if it really wae lighted) either wax too feeble or was not placed in a proper position, or was bowted too late, #0 that it way pot seon on board the Lyonnais, and did not conseqnen ly anf. iy make known to that steamer the presence of au- other vessel; that therefore the captain of the Adriatic was at fault, and that it is to bis negligence that the colli - sion is to be attributed; that therefore it is now useless to enter into a conaiceration of the mancsrvres on board of ither vessel, and which prececed the coliision when it became uravoidable—considering, therefore, that the Court hes only to respect the maxim of all oar legislation, that indemuity due for damages caused by one’s own It, neglect or improdence—considering that those rea- pene condvce to the setting aside of Captain Darham’s con clusions in bis inei¢ental appeal, aud that there is canse to adjn¢ ge all ecsts on the defeated party— The Court, explaining the interlocutory ordered oy its vercictof the Lith of May, 187, and doieg justice to the appeal ef the brothers Gauthier eeainst the verdict of the 7 of Commerce of Marseilies, of the 2d of April, ea the appeal void: snd amending it, con pt Durbam to indemnify Gauthier Brothers for the love and damage which they have suflered in conse uence of the collision of the 2d of November, 1856, main tains the seizure made on the freight of the Adriatic, as uleo the opporition to ity leaving the port of La Ciotad; or- ders the refunding cf the five of the principal appeal, ‘dis. misses the conclusions he'd by Capt. Durham in his’ tne. dental appeal and fines him for that appeal: sentences him, besides, to all costs of the first trial and appeal, in- cluding those of the interlocutory, which bai been re- rerved by the Court which ordered it Avother of the Schayler Frauds, SUPREME COURT—GENERAL TERM. Before Hon. Judges Davioe, Clerke and Satherian4. Mary Ann Blatchford vs. The New York and New Haven Railroad Company and als —The plaint & is a stockholder in the New Haven Rajlroad Company, and the defendants are, with the exception of the treasurer, directors of the company. Upon allegstions that the directors had de. clored a dividend payable out of the aeeete of the com- pany; that they’were about to pay the same, excluding playntifl and other stockholders, that the company had no earnings from which said dividend cowld be paid, and that ite payment would impair the capital of the company, Judge Pavies, several months ago, ited a iminary incticn restraining the payment @t the div |. The Cetendeants ret up that the plaintitt was not a stockholder, inasmuch as she wee a holcer of the fraudulent stock ts. ened by Robert Schuyler. They claim that by the deci elon of the Court of Appeals they can determine with ac- curacy who are the holders of the genuine stook as origi- nal subseribers or otherwise. They deny that they have suffeient surplos earnings to pay the dividend, and rthey have. After hearing argument at Special Term, Joe Davies granted an order dissolving the preliminar: netion. An appeal wes taken from thie orden, which came up for argument yesterday morning. Superior Court. Pefore Hon. Judge Woodruff. Fev. 2—Daniel G. Bacon, et al , we. Pieter H. Vanier. roort, et al —This action ie brought by the owners of the ship Oriental to recover the freight on 6/3 boxes of tin and 1,418 bundles of sheet iron, amodnting to 116 tons and §& ewt., at the rate of 20s. sterling per ton, at $4.80 per £, making $6864. The ship sailed from Liverpool on the 26th of February, 1866, and arrived at New York on the 20th of April 156, being 56 days on her passage, anit cncovntered a terrible storm, in whieh she lost some of ber epare and wae greatly damaged. The cargo was alo very much injured, and in consequence of the rolling of the vessel during the storm the tin was bent and the bexes broken and their contents scattered about and da moged. The freight in suit was not insured, and upon the plottiffe presenting their bill for freightage the defend. ant refosed to pay, alleging that they had not received ‘ali their tin and that there were seventeen boxes missing, pmoanting to about $00, which sum they refused to pay. The plaintiffs eay that they should not be compelled to pmy for defendants’ neglect to insure, and that the storm wes the act of God, Defendants say that they tendered #400 to the plairtiffe, which was refused. They admit the wae bronght as alleged, but they i | there wereseven n boxes short, aa set forth inthe bill of lading. Ver. dict for the plaintiff for full amount claimed. ee ee f the col. | portion # as seeured Wy Bank tn Phila- Affairs of the me MERTING OF THE STOOKHOLDERS—UN3OUNDNESS OF THE tho Philade! Ledger, Feb, 2.1 ‘The silekbeiders of the ivania Bank beld their annual meeting yesterday, and directors made their appual report. ‘It shows a lamentable condition of the affairs of that institution. The bank is totally insolvent, and ap ass! nt is recommended by the directors for {be benete of its creditors. Money appears to have been Bow insolvent, in very large sums, ou doubtful securities, and some on no security at all. The ee, of insolvent railroad companies was taken by tho eident, enormous sums were paid by him for usury, the best bills receivable were sold, the report s excessive interest was allowed on deposits, all without the knowledge of the Roard of Directors. The re} a singular condition of affairs inside the bank, when thefPre- sident could assume such extraordinary powers, and exer- cise them for years, and the directors be entirely blind to the facts and totally ignorant of his transactions. If there was wont of caution or recklessness in one case there certainly war a dereliction of duty on the other. ere was the most studied and consummate the part of the Sepia ie croealinn yaaa rectors were certainly the blivdest victims of misplaced confidence on record. While they were taking things easly, and trusting to the character of the President that all was rigtt, the property of the stockholders was being rapidly dissipated, and neithor directors nor the President is able to expiain where port some of the plundered stockholders may think it ne- cpsrary to ad her means to get at the facts. Ameeting of etockholders of Bank of Pennsylvania wes held yesterday at oon, in Grigg’s bitin C3 ‘lout treet, below Third, for the purpoge of bearing report of the directors in reference to the condition of the bank. The meeting was organized by callivg Mr. Conger Shar- man to the chair, andappointing Michael V. Baker, Esq., | Mr. W. C. Patterson, one of the directors, read the fol- lowing report:— REPORT ON THE CONDITION OF THE RANK OF PENNSYLVANIA, ‘The undersigned, directors of the Bank of Pennsylvania, most of whom were elegted after its failure. present this ttotement to the stockholders :— Immediately on being called to take charge of its af- fairs. they felt it to be their first duty to aecertain as nearly as possible its then actual condition. They found great difficulty in arriving at any satiefactory result, at- tributable chiefly to the abseuce of sufficient entries on the books of the bank of the deteila of the transaetions embraced under the heads of ‘temporary loans and tran- sient discounts,’ (two very heavy aceounts.) or of col- jateral securities teken from its debtors. ‘The following statement, made up to November 5, 1857 will show the assets and Nabilities as nearly as they could be ascertained on that day:— Assets. Bills receivable pledged asjcollateral securi- ty to other banks, i $1,272,965 76 Bills om hand . 11,444,778 14 Bonds, stocks avd mortg 51,875 43 Real estate—estimated value 23,000 00 North Penn. Railroad end Germantown Gas stock—cost,..... oe sees 11,000 00 Due by cflice at Reading. 20,700 00 Due by country banks. Notes of sundry banks and checks of sundry persons, which had beratofore been eounted as cash, but for the payment of which no funds had been provided, Specie and speo'e finds... . Banking house, Chestnut str Notes in cireniation . 46,701 76 118,980 20 6,287 86 245,045 22 seeve sees $2,701,L14 37 ‘Liatitities: . $648,392 00 Certificates of deposit. 106,865 75 Vrelaimed dividends 8,329 28 Interest due the Com 8.689 7 Due Commonweaitb—deposit 1,424 32 Due Geo. Peabody & Co. Due Baring Bro.. Ie foreign banks. ... Due individual depositors, Due city banks.., me ent ph oe he Habilit‘es as stated above Be added the capital stock. And surplus fund... Making in the aggregate... 20... .... +... $4,308,605 75 And the cost of 1,798 shares of stock purchased by the President with the funds of the bank, without the order or knowledge of the Board $198,070 63. Be adde the assets. $1) 319,478 7 A deficiency Of... 6.6.6. cee e cee will be exbibited, or, in other words, for that amount of the property of the bank, the Board were unable to find among its assets any representative whatever ¥ The most avaitable of the bills receivable of the bank, in- cloded in the above statement, bad been previossly deli- vered to other city banks as collateral security for the re- payment of advarices made by them to avert the suapen- of this bank. Of these the Philadelphia Bauk held $118,- ‘248 49 as security for $100,000; Jobn Welsh, Ksq. , as trus- tee for the Bank of North America, Farmers’ aud Meeha- nics’ and Philadelobia Banks, $286,8°3 64, for $200,000 and Messrs. Regers, Borie and Austin, trustees for the city banks generally, $715,903 64 for adebtel $667,000, The securities for the first and second are believed to be sufficient for their payment, or nearly so, and it is hoped that seventy-five per cent (75 per cent) of the last | mentioned debt wil) ultimately be realized from the secu- rities in the hands of the trustees. Further investigation bas bronght to light some aiditioval assets; claims have been presented which did not appear upon the books of the bank, and the ownership of most of the doubtful items bav been determined. Upon the whole, the nomi- pal surplus has been increased without apy substantial addition to its value. /morg the assets were found, notes, checks, &c ,of an inscivent house, the bead of which is the brother of the late President, amounting to $119,266 5, of which a small ubtful eollaterals, and the ef- feets in the bands of nseignee of the Grm are expected to pay a very small divitend. Of this large sum but $12,950 was discounted by the Board of Directors. The ng hotes, which are unendorsed, and without se- curity of any kind, came into’ the possession of the bavk, as the undersigned are informed by the drawers, without their agency or know- ledge. This debt the late President has, since bis return, proposed to assume. The paper of olber ivsol- vent concerns, 10 a very large amount, was found in a safe in the benk, of which the key was ket by the Presi dent, ands inclided in the preceding statement of its assets. The parties are unable to pay anythiog at present, and scme of them appear to bave been under the impres sien that their indebtedness was to Mr. Alitbone individu ly, althrngh many ef their notes and checks are pay bie to the order of the cashier. The obligations of a former director, and of his firm, appear to the extent of $146,818 21. ‘The other members of the old Board disctaim all know ledge of the traneaetions by which most of-tais papor came into the possession of the bank, Arrangetmenta have ‘boon mace by which one-third of the amount will proba bly be realized, In no ether cae do large loans appear to have been made to any mercantile house save one, the principal of which was also a director of the bank. communi sated to the Board, timmedintely after the suspension of his houre, bis determination to pay every obi 8 discount. ed for bim or bronght into the bank by hiv instru pentali ty. This promise tas thas far been redeemed in good faith ond the greater part of the debt part. Ample secon rities are beld for the unpaid obligations, most of whieh, however, are alleged to have been issued wRhout conside ration ‘The notes of the Hempfield Railroad Company for two bondred end eighty nine thousand six huudred dollars, ‘with their own bonds os security, (laken by the late Pre sident withcut the knowledge of the Board, except as to three of its members, 9 we have been ifformed by him. self and others.) are for the present ent'rely unavailable, asare also those of the Marietta and Cincinnati, North Western, Weet Chester, and Philadelphia and Camden and Atiantic Railroad Companies, for simaller sama. In addi: rei | ton to the admitted Habilities of the bank, claims are | made against it for about $110,000 of paper included in the forege jog statement of ite assets, mest of which is among the securities bela by the other city Wanks. These notes and acceptances are alleged to bave been loaned to the late President by five mercantile Li dy for his own acct mmodation and partly ‘to enable him to sustain the bank,’ much of which Mr. Allibone claims aa bis own property, and. presents as an offset against any indebted. ness which may be established againat him. Jn one case the obligations are said to bave been executed by one partner without the knowledge of the others. Among the assets of the bank as they appeared upon the books were the following items, all of whieh sup pore to represent lossen:— ‘onpen bonde State of Pennsylvania (obviously the loas h bonds being bel’ by . $15,571 21 en a tteck transaction), no sue the bank... Expenses,. Exchange Sterling ace Over drafts... G, Peabody & Co., No. 2, Fxchonge acceant..... Lore on loun to city Making an aggregate... 6... cee cece sees —Frem whieh nothing could be reatived, The balance against sterling account appears to have heen made up in great part of losses so heavy, that if they bad been properly entered on the books of the bank iteonld pot have feiled to have attracted the attention of the board, and have induced a thorough investigation. ‘The account was originally opened in the general ledger June 24, 1856, and cn the 20th of July, of the same year, balance at ite debit ($275,200 12), together with 10.000 from temporary loans, was transierred, by order of the Preeident, toa new sterling account which he direct ed to be opened inthe individual ledger. The effect of toe transfer 40 made to the individual ledger, in which the pri. vate accounts of the customers of the bank were kept, and which, under the uniform rule of all bunks, no director er than the President or the acting President for the being, i permitted to inepect, was to diminish to the extent of the balance againet it the apparent liabilities of the bank. as that balance was always dedneted from the apprepate of individual deposite as presented to the Roard. Ab account for bills receivable was Kept in the individual ledger, the balance against which ($146,068 21) waa trans: ferred to the same account in the general ledger, October 16, 1867. This amount bad also, up to that date, b from the deposits in reporting the st vavk to the Board. Four days after the failure of the bank the sterling account in the individual ledger, which jad, in the interim, remained without chaoge, was closed hy the order of the President, to tranafer $397,094 17 to the sterling account im the general ledger, and $19} 111 OF fo the debt of Meenes. George Peabory & Uo., who were at that time lerge creditors of the bank, and upon whom no claim bas been or ean be made for any part of this sum. ‘The late President has sinoe informed us that this’ wae an unintentional error. Most of items of this account in both ledgers, other than th whieh represent the losses on sterling bills, wore, without vent reason, éredited at various ‘dates to the acconot a8 Allibone, President, also kept in the individual ledger, and the Board have directed them to be re charged, leaving that account, which amounted during his term of office to more than ‘five millions of dollars, pverdrawn $491,720 29: all of which, Mr. Allibone asserts, was vlis- arton | the di- it bas gone. After reading the re-* bursed for the use snd benefit of the bank, but how, or where, has not yet been made to this le ‘The bert investigation which 4 have. under the pressure of other duties, and in the very short time left them for that purpose, been to make, has satisfied thein that some of the declarea dividends were not earned, alinoogh from the manner in whlGh the buoke of the tong, were kept, and the results exhibited to the Board, there wae in every iastence an apparent surplus, which would have justified their being declared; @ very large propor- tion of the deficiency can, in their opinion, be accounted for by the cpormous sums paid for usury by the late Preni- dent, who eold large amounts of the best bills receivable of the bank whenever its exigencies scemed to him to require it, and allowed to some parties excessive interest for deposits, without consultation with or report te the board as to either. The proceeds of two such sales te a cingle individual, amounting to $178,128 08, were cre- dited to Mr. Allibone’s private account in December, 1868, and March, 1854, do not appear to ave beso ac- counted for. Other credits in that account are for suma of movey which obviously bel to the bank. That account, which amounted to more than ei dollars during the period for which he held the office of esitent, embraces very large transactions with brokers, but for whom does not appear. The large sum which they believad to be joey sup the bank from the late president, demandod at their Wimenn te lsn tse coeatty, wioabaay ins under wi left the country, w ‘as to the condition of the bank; the alarming = securities understood to bave been in his Lape avon after bi fe —_ he ee pommering of Sa homes r bis depsrture; the s amounts, and the knowledge that he was heavily indebted to personal friends for advances of money and paper, left them no alternative consistent with the obligations of duty to their constituents, but to take the most decided ef to subject his property to the just claims of the bank and his other creditors, so that no preference should be j ree bp one. members: —— board did 4 itate, theretore, to inst his property; an at- j tachment was issued, ap has appointed tras- tees, but a motion is now pending to dissolve it, which te as yet undecided. Tt has since been ascertained that the key of the prest- dent’s safe was delivered by him to the acting president on the evenivg before his departure, ani we are now in- formed by Mr. Allibone that it was given by bim to another director of the bank, at different times during the pre- cating Sieh while he was confined by sickness to his amber. The board test no time in taking the most vigorous mea- sures for the liquidation of the indebtedness to the bank. Debtors were urged to avail themselves of the opportunity to make payments in the obligations of the bank, ana ite securities were applied to the payment of its debts whea- ever it could be done with advantage ‘The accounts of the bank stood on the 30th ult :— Assets... . $2,355,178 04 Liabilities, 1,790,074 32 Showing a nominal surplus of...... $565,103 72 No accounts having heen settled with the city banks, the whole amount of their original advances is included, but the sum of three hundred and twenty one thousand two hundred and ninety-two collars and eighty four cents (8321 ,292 84) bas been collected from the securities held. by the three trusts to that date, leaving the total indebted- bess of this bank at $! 468,781 48, exclusive of open ac- counts and disputed iterss. It will be seem that the lia- bilities have been reduced $769,565 3% eince Nov. 5. ‘Their partial success induced them to hope that th might have something from the wreck for the stockh: ers, and avert from the city and State the discredit conze- qvent onthe insolvency of an institution so long and honorably identified with the past history of both. were slow to believe that the capital and surplus fund of ever two millions, to which more than one hundred and fifty thousand dollars ($150,000) was adied by the profit on the sale of the old banking house and lot, could have been thus dissipated. Encouraged by the return of the Jate President to th’s country to bope that a portion, at least, of the property of the bank might, through his | agency and information, be recovered, oF its lose ms | counted for, the board immediate'y invited him to meet them tor the purpose of explanation. Prior to the receipt of their resolution, and on tha day after dir arrival in this city he had addressed them a | note expressing his desire fo do so, and frankly commani- cate all the information he porsessed. He bas for the past week been in almost daily coma ication with the board, or a committee of its members, given them much’ information as to the manner in | which the affairs ef the bank were conducted under bis ad- ministration, but as yet none whichcan be made available in any effort to improve their present condition. At the outset, while disclaiming all knowledge or belief that he be wag indebted tothe bank a single dollar, he vol Cifered to convey all bis property, subject to such pre- existing lens as he might be unable to remove, to a trus- tee, who should be acceptable tothe board, to be held until bis debt, if any, could be adjusted and ‘then distri- Dnted among Lis eredivars. Mr. Allibone estimtates the estate he proposes to transfer as giving the bank a margin of $150,000 over and above ail encumbravees; which amount, upon inquiry, we think may, in time. be realized under proper management, it rhe ‘are correctly informed as to the amount ot the prior us. He claims credits, however, to a large amount, for paper ced by him for the use of the bank, and for other items, one of which is for any batsnce which may be found due upon an ment, in writing, given bim to Thomas Robins, to inderonify the 4 phia and other banks, to the extent of $200,000, ha tees by reason of their advances to the Bank of - ania. t. | - el A ——- and Mr. Allibone are now ca- gaged in preparing the necessary papers. it has been commenced against the bank ona bill of | exchange (which bas since been pronounced the ac- } ceptors an “accommodation bill,’’) drawn by a director on a Manchester firm for £50,000 sterling, in September | last, and purchased and paid’ for by the late President, | Without the assent or knowlege of any other director. | This bill, remitted to Messrs. Peabody & Co. for the credit of the bank, is now claimed to be the property of Messrs. Jobo Piekeregil! & Son, of London, the agents of the ac- « ix demand it is intended strenuonsly to resiet, as it is not believed to be # juet claim upon the bank. Other snits to which no proper defence can be taken have been com- meneed, and judgments toa very large amount will pro- bably be obtained against the bank on the third Saturday of the present month. Under these circumstances, and with little hope of being able to realize ot from ite assets te pay the undisputed debis of the bank, and with & view to prevent any preference or advantage among tts creditors, the board is of opinion that equal justice to all requires anfarsignment to be made for the distribution of the property among the creditors according to mw. The laws of the State clothe the board with full rer to exe- cut ch an instrument, but they preter ‘the stook- holders thould determine’ this grave question for ther- selves. As some scant measure of relief, the board prepared the Dill which the stockholders were invited some weeks since to examine, aod which is now before & committee of the Senate, authorizing a sale of the charter to euch. of the present stock- holders as may be willling to bay ip a new canital, and reorganize the inetitution asa bank of diveount and de- powit, The attenth the stockholders is again invited: to ite provivions, and a eepy is herewith submitted. The Board has thus endeavored to discharge their oain- fol duty to the stockboiders by exbibiting to them the condition of their property when it was fret under their charge, and their present position. They have carefully abstained from expressing any opinion a to the causes that have led to there results, Of there each stockholder will form bis own judgment. The facts, it is believed, ve been rately presented to their consideration. W. ©. Patterson, ‘Thos. Craven, Wm. Geisee, Ab'm Pak Wm. Lyttleton Savage, Wm. 8 Vaux, Lawrence Lewis, Jr. B. P. Hatchingon. Jno. B. Taylor, ‘The report was accepted and adopted. ‘Theatrical, Musical, d&e. Broanway Trxatne.—The fairy spectacle of “Cindo- rella’’ and a variety of equestrian and menagerial enter- tainments are ani for this afternoon. A regular cireus performance, in the course of which the dasbing bare back rider, Mr. Melvibie, will appear, is to be given in the evening. Nimto’s Garnex.—Pleasure seekers are 80 well pleased with Dan Rice and bis “great show,’ that he finds it expe- dient, in order to accemmocate them, to give a pertor- mance thie afternoon as well ae at night. His entire force of artiste and animals will appear on both occasions. Rowsny Treatke.—The exciting drama entitled “Pant Clifford,’ the romantic by al Thieven’* and the laughable farce of ‘Brian O'Lynn”’ will afford the various members of the large dramatic and equestrian company ample opportunity to display their reapective abilities. Burton's. —Manager Burton and his ar — Mesers. Mathews, Brougham, Waleot, Fishery. Smith Setehell, Meedames Davenport, Parker, Hughes, kc, are Wives ot Windoor,” tot Dreaghen's exiew svaganes pase a ves p 8 “Poesbentas.”” . Wartrck’s—The various members of the bere, who are emi entitled to the warm wandations bestowed upon them by large and discriminating audi- ences, are to appear this evening in Reynold’s drama calt- “How to Grow Rich,” and “AP Case Lavna Krewn's —The dramatic version of “White Lice’ isto be repeated, with the farce of the “ Bride- groom” to night. Miss Keene and Mr. Jordan bave wen much well deserved for their anperior acting in the’ former, as bas also Mr. Jefferson in the latter. . Awwnicay Mcsecm.—The popular drama of the “Pioneer atrint” appears to jnerease with rej tation. This to be performed this atternoon ‘snd evening. Aside from the play the tyriads of curtosives with which the vast halle are filled are worth donble the admission foe. | Nrero Mixereetay —All who are fond of @ combination of exuberant fin and sweet sounds can boamoly grees | at any one of the ‘“eo ored houses to-night. The | chief feature at Geo. Christy and Wood's is the farce | of “The Toodies ’ Mr. Sliter takes « benefit and Eph. Horn performs at Buckley's. “Dan's Great Show” is a po culiar institution at Bryan he Wate Meee Mov. 1.— Misa EL. Williams, the Welsh 3 - gale, vaaur the eaeprene ‘of the St. David's Society, gives | a musical entertainment to night, assisted by several om. nent artiste, Marine Court. Before Hon. Judge Thompson. DAMAGES FOR INJURIRS FROM THE BITE OF A Vierous DOG. Fea 2.— Francis Byrne vs. Nathan B. Brewer.—Thia action is bronght to recover damages for injuries sustained from the bite of a bull terrier dog belonging to the defend. ant, The plaintiff resided in a tenement house in avenne ‘A, at which place the defendant had a buteber shop, and kept his dog in the yard of the premises. On the morn- ing of the 6th of Décomber last the plaintiff wae passing through the yard, when the dog sprang up and seized him by his right thigh, then by his leg and 1, lacerating the flesh amd tearing hie pants drawers into shreds. The injuries were shocking. The plaintif’ was coniined to his house for sixteen days thereafter, and has wot even yet wholly recovered from the effect of the injuries, Pre. pnd 4 to ‘Gealen, TS to bite several other TRODE the defendant, Verdict for the plainwi for $200 ”