The New York Herald Newspaper, February 24, 1858, Page 2

bo NEW YORK HERALD, WEDNESDAY FEBRUARY 24, 1858. z ith was made some time in 1856, Mr. Swith appeared be the confidential clerk of the office, more 80 than body else: Mr. Smith d tohave the most charge @ altars of the Sueet missiouer's office. . So far as you know, was it not a matter of general mt that Mr. ‘Smith was the main mamaging man or clerk | a to on the ground that it hadp othing to do with Counsel for the Defendants said he proposed to show Yat the situation which Mr. Smith filled in the Comp- toller's office was such as would be likely to draw upon tm not only the jealousy but the machinations of the ther clerks, and that they had got up this couspiracy Fainst his client. | ‘Tce Recorder overruled the objection | BZ See seices c Witness—So far as the Street Commissioner's office is _ mcerned, he was. Nathaniel G. Bradford sworn and examined by coun- | sel for the prosecution, testided substantially thus: — Q. What is your business’ A. I was cashier of the | Bowery Bank; | was 80 in March, 1857; I had no charge $f, contracts between «Mr. Fitzpatrick and the Corpo- ration. Q. Who had, then’ A. Ifthe assignments came there ‘they were ip the possession of the President; I had no Knowledge of them more than the President would ‘there \ ap assignment from s0 and 80; 1 kept no record of mi, if avy was kept it was yd —_~ President. Pp lay Fh contract by Fit Forty-nivth Btreet, from the Sixth to the @enuc? A. I heard ‘We Preside nt mention the ass! of some contract, and when they were received by the bank they were generally received as collateral for notes that he would eet a ; [have no recollection of the President's speaking to me abouth the Forty-uinth street contract. Q are ie acquainted with Mr. Fitzpatrick’s handwrit- ing? A. 1 am not very well acquainted with it, but I Dave seen it on checks; he Pr account in the Bowery Savk, and so did Charies Devlin and James B. Smith. @ Gan you state whether Mr. Smith procured aay note oe Mr. Fitzpatrick’s to be discounted at that time? Counsel for | defence—I object to the question as foreign to this wquiry. Counsel for prosecution—I want to show the excessive intimacy between Mr. Fitzpatrick and Mr. Smith Counsel for defence—For the purpose of saving time I will withdraw the objection, but I object to the asking of such questions in the future. ‘The Court a¢mitied the question for the present. Q. Was there any paper of Mr. Smith’s, or Mr. Devlin’s, or Mr. Fitzpstrick’s maturing in your bauk along in No vember or December, 1867 Counsel for cetence—That | object to, so faras Mr. Dev lin is concerned. Is he to be & party to’ this examination ! Recorder—That is just what | was going to suggest. Counsel for defence—We are entied to know if Mr. Devlin is made & party to this proceeding. Counsel for prosecution—We are now making the in- quiry and if the testimony shows that he bad anything to do With the fraud we shall call'upon your honor to hold him (o bail, be got the proceeds of this fraud Counsel for defence—We don’t stand any worse than the gentleman who used to mdict ali New York, and who rs much larger sum than these parties. (laughter.) Counsel for Prosecution—Let them indict him if he has got it by means of fraud. (Renewed laughter.) If the Proceeds of this fraud went into the hauds of Mr. Dev: ‘we have a right to show it, and also in reference to Mr. Branigan; they were all intimately connected with each | orher, and kept their accounts in the Bowery Bank. Does ‘the ventleman appear as counsel for Mr. Devlin’ | Counsel tor Defence—I do. Ccuneel for Prosecution—Then, if Mr. Devlin thought it necessary to have coumsei t> represent hum, it shows that there must be guilt somewhere. Counsel for Defence said that, in the commencement, | he desired counse! on the other side to conform strictly to the statute. He (the speaker) foresaw that they | Wsated to implicate Mr. Devlin rather than the defendants. The examination was not beit conducted ip an ipgenuous manner, He had | cesired that Mr. Flagg be placed on the stand in the | commencement of the examivation in order that he could euow by Mr. Flagg himself. that the accusation was not | G@imer at the defeudant, but at Mr. Devlin. If they alleg- ea Mr. Devlin to be 4 party to this proceeding and to have Deru @ participant in this crime, they should frankly avow it The Reoorder—At this stage of the proceedings counsel for the prosecution has the privilege of asking the ques- tco tor the purpose of criminating Mr. Devitu, and pre | the same, and the furnishing all the date, but it was about the time I made m; Ly Common Coupeil; I inspected it then coon —_ when compared with my report it was correct; [ took m} report from the assessment roll; they say that ro! origipal | hag been stolen since; this certificate ot Mr. Turner's is a correct transcript of it, if it corresponds with the I sent to the Common Council; ‘that is. al lean say about it; there was no of any erasure ot the figure 1 before 50, in the prices of setting curb and gutter in the Origyal list; I can swear that pare ‘Smith's copy) is & correct copy of the assessment roll. Mr. W. VY. gett, also testified that this was a correct copy of the inal assesstnent hist, and that the signatures of the assessors McNeil, owe and Dooly, at the bottom of is were genuine to the best of his knowle ize. The Third avenue cese was then taken up. Epwarp Boyz, City Surveyor, sworn and examined: — Alderman Apams—Mr. Boyle, can you give us any ipfor- ‘Wation about the alteration of the figures in your return Of this case on Third avenue, between Sixty-first and igey atkia streets? r. BovLe—Before stating anytbing about that, I wish to remark that some parties who testified here made serious ani wholesale charges against the Board of City Surveyors, and as I am one of that Board, I think it right for my own sake, and that of my associates, to answer these charges; it was stated in substance that we were not wortby of beliet under oath; if that is the opinion of the committee, I don’t se the use of swearing me. Alderman Owrxs—Oh, Mr, Boyle, the committee eater- tain ro such chargee. Mr. BoyLx.—A gentleman stated here that the inspeotor’s office was a ul One; but that the surveyore could cbarge as much as they pleased; that gentleman, if he knew apything of hig duties as cbairman of the Committee of Assessments, must have known that the fees of the city surveyors are fixed by ordinance of the Commoa Counc#; now, to show you how this matter stands, I will state that I was appointed as surveyor to take charge of the a setting curb and gutter and paving Thirty-sixth street, between Lexington and Third avenues, in June, 1853; the work was finished in February, 1854, and my fees wore $61 22, while the in- spector received $180 tor his services, Alderman Owsxs—Well, we are not making any charge sagainst the surveyors Mr. Boy1e—But you allowed Mr. Moneghan to go outside the case to make these charges against the surveyors, and they were made "public through the newspapers; he said their office was worth the President’s whereas the whole amount paid to surveyors for a year, by both the Street Department and the Croton Aqueduct Board, collectively was only $16,000; if you divide that among twenty-five or thirty surveyors, and give each of them $25,000 a piece, it is more than J could accomplish. Alderman Apams—We have naga § to do with that subject pow. We want information relative to your sur- vey of this work on Third avenue, Mr. Borz—I was appointed surveyor for regulating, setting curb and gutter and fogging Third avenue, be- tween Sixty first anc Eighty-sixth streets, on the 3d De- cember, 1865; on the 7th of that month the specifications were issued from the Street Department (sp¢Ccifications roduced); on the 17th the contract was awarded to ‘rnard Callaghan, 329 Eighth street; G. N. Delahunt ‘was the inspecwor; the contractor failed to do the work, and it was allowed to lie over til October, 1856; in the specifications there was a clause written by me, and I took the responsibility of it, that the price for setting curb and utter was to include such excavation as may e berconeae f to set the curb and gutter aud the backing of the same when set, and the price for flag ging must include the regulation of the sidewalks to receive pecessary gravel; the roek I return is not contemplated in the specification, Decause I thought there was no rock there. Boyle here exhibited the profiles.) In the time whi lapsed from December, '55 to October, '56, there was necessa- rly a quantity of earth washed down on the work at Ham ilton square ; this of course was unforeseen at the time of making the survey, but had the first contractor done his work at once there would have been no extra allowance whatsoever necessary, except for the excavating the rock, which was a very small thing. Mr. Taylor told me at the time he gave the contract to Charles Devlin, that he would hold the sureties of Mr. Callaghan accountable for the extra allowance consequent on the falling in of the embankment. Alderman Owx"s—Have you a copy of your return? A. Lbave ; but as I understand that this case is to come up before the Supreme Court on a writ of certiorar, aod as I will probably be called on to testify in that fcase, I respectfully submit to you that, it may be injurious to ex- yeots him (Devlin) from being a witness. I understand be has beeu subpoenaed by the prosecution for this pur- 260. Counsel for the Defence affirmed that this proceeding Was got up for the purpose of involving Mr. Devlin from the first in this alleged crime, whether guilty or not, and Mr. Devlin was advised by counsel as to the object of the Prosecution soon after receiving the summons The Recorder observed that be saw no impropriety in counsel for the prosecution stating the course be inteaded to pursue Counsel for the Prosecution emphatically denied that the examinstion was gotten up for the purpose of involv iog Mr. Devlin; but on the contrary, in pursuance of an sfligavit of the Comptroller, charging a man in whom he Placed implicit contideace, with defrauding the treasury ‘of $ 0,000. It was instituted for the purpose of arriving @ithe truth. This young man did not w his money for bimseit, bubif it turns out that Mr. Devlia decoyed this person into the taking of money from the city trea- sury to euswer his (Devftn's) purposes, be (Devlin) must bear the consequence. The speaker did not koow how this case would termnste, nor exactly what connection Mr. Devlin bad with the matter. Counsel fer Defence sgain asked countel on the other side as to whether they intended to hold up Devlin to o participation in this alleged fraud? ‘Counsel for Vrosecution replied by saying that he bad stated several times he did not know what connection ‘Mr. Devlin bad with the matter. Cowpeel for Defence said that a certain class of persons, friends of Mr. Conover, the rival Street Commissioner, ‘were anxious to add fuel to the flame that they suppose is already burning about the ears of Mr. Devlin ana his friends. It was for his Hovor to say whether if as be was conducting this proceeding unassisted by counsel, his seuse of propriety would allow the counsel for the people to proceed in the manner in which he bas done from the commencement of the examination Recorder—] overrule the objection on this ground: that the prosecution may be able to show by the testimony of the witness some other person or persous may be guilty of the conspiracy charge against the defendan Witoess—Mr. Fitzpatrick had one note for p00; that was with some assignment or collateral: | don't know amine me further on it at the present time. Q. Do you know that you will be called as a witness in that case? A. I am informed so. Alderman Owexs—How many yards of earth excavated did you return? A. Well, that is opening up the same question. Alderman ApaMs—Our power is as high as apy court. We expect to get some information from you, therefore you will please answer the question. I hope you will ibrow po impediments in our way. Mr. Bovix—I do not desire to do so; { answer you; Ido ‘not wish to avoid the issue. Alderman Apams—I bope’no technicalities of law will be thrown in our way. Law is cheap these days, isn’t it, Mr. Conover! If you have your returns | hope you will let us see them. A. I have not get them here, because I can tell what they were by looking at the assessment list, and I did not know there would be any objection to lettmg me see it, what is the objection to showing it me? Alderman Apams— Well, we want to compare it for our- selves. We thought you would come here prepared to give us all information on this subject. Mr. Borre—I only received your subperna half an hour ago. 'Q. How js that? We subpoenaed you several days ago. A. Louly got the subpaena to day. Alderman Ap Ms—Sergeant at Arms, when did you ferve the subpoena on Mr. Boyle? ‘The SkRGKANT sT-An@s said that he called at Mr. "8 office yesterday, but did not see him nor did not leave the subpoma. He did not see Mr. Boyle nor notify him until to day. Mr Bovre—Now you see there is no desire on my part to w! bhold any tnformation I can give on the subject. D. D. Coxover examined— The specifications from which Mr. Boyle read are ‘signed by Mr. Furey; those upon which 1] based the communication which I sent to the Common Council on the 25th of January are signed by Mr. Taylor, (0a comparison their general features were found to be the same.) When my communication to the Common Coune!! was publiabed, or & day or two after, Mr. Boy le informed a gentleman » my office that the figures in My report were pot the same as those returned by him; the difference was as follow: the assessmnent list they appear — what assignment; that paper, I should think, came due tu November, but not Certain; if 1 had been told what | nestions would bave been asked I could examine the | ledger. Counsel for Prosecution proposed to bave the wituess examine the ledger #0 as to x the exact date Counsel for defence could wee po objection, and Mr Bradford's examimation was then suspended to a eubse- | quent time for the purpote of eliciting the facts derived EVIDENCE OF JOHN T. DODGE. Jobo T. Dotge was then calied, aud after affirming de posed aa follows: — Q Are you cne of the city surveyors T am, sir. the retura of quactities in thiy asseasment roll was nade up by me, but the apportionment of it is made up tn the Bureau of Asscasments; allexceptthe dollars and cents are made vp in my office: the certificate of quantity at the | bottom is i my own handwriting: it was made up on the 14th of May, 1457; 1 think I sent it to Joseph 8. Taylor, the late Street Commissioner; I don’t know that I was request | d to make it up, for it was my duty to do so; the other papers attached to the assessment roll are put on after. warda | Croasexamined—i can’t tell how tong I have kuown Mr Smith, | bave transacted business with him, but nove except receiving payment for ser: Vices rendered as surveyor on trust accounts, or on the other hand answering questious about returos made on trust accounts: I bave been a City Surveyor about five years, | was a former Street Commissioner bet ore Mr. Smith came into the Comptroller's office; I think I was paid for surveying by the Deputy Street Commissioner; I don tknow oo what authority Mr. Smith called on me to ask questic about returns: but I recollect o one occasion he said the Comptroller wanted to kmow whether a certain item of rock bot returned by me Lad been excavated; that was abort three months ago; the contract under which the foquiry was nade was the regulating of Kightieth street, from ‘the Fifth ¢ to the hast river; the con tractor wae Jobe ery, onthe same ¢ & certificate Birect, and some question asked of me as to its accuracy to regard to quant tha’ was made on account of some ctmpiaint, that the Comptrolier thought the quantities too large, } remember no other instances: [used to be in the Comptrotie office about once in three weeks; I don't know what clerkship he filled, but | was under the im: ession that he bad charge of the trust accouat: my uainess with him was only in relation to the trust ac counts, but I dou't know whether be bad any other duties & perform ‘ joratio N. Darker testified as follows —I am one of the | messeugers attached to the Common Council October, 1867, carried assessment roils from Mr. Valen tine to the Comptroller's aud Street Commissioner's De partments; from October 30, 1857, I delivered thove that T carried to Mr. Smith or Mr. Cady, in the Comptrotic: office; 1 can't say that I carried this one now shown me, for J seldom look atthem, I generally delivered them to Mr. Stmith or Mr. Cady The cospaei on both sides expressed a desire to adjourn the further bearing of the case at this juncture, to which the Recorder assented. ptating that be ould pot sit again till Wednestay ext, at 3 o'clock, to which time the inves tigation adjourned HOW THE TAXPAYERS ARE FLEECED, THE STANDING COMMITTEE ON FRAUDS—THE THIRD AVENUR CASE GONE INTO—IMPORTANT ALTERA- TION IX THE FIGURES OF THE ASSESSMENT LIST MK. CITY BURVEYOR BOYLE ON THE STAND. ‘The Aldermen's Committee on Frauds met yesterday end took up the Fifty second street case, for the purpose of ascertaining whether the cer tifed copy of the assess ment roll in Mr. Smith's possession was « true one, made trom the toleo assessment list. Joun T. Doves eworn and examined—Mr. Dodge pro duced the memorandums of the calculations he made of the survey of the work. My calculations are dated July 90, 1867, they do not seem to tally with the quantities re 4 in the assessment list, some alterations may have Deen made; I cannot swear positively that this is scopy ‘Mr. Smith's copy) of my return, after I made these cal culations nothing, 1 suppose, but an additional visit to the ‘work and the discovery of some error would induce me to make an alterstion in the quantities ‘was given to me by Mr. Filis for regulating Fifty seventh | was so in Q Was any suich visit made, with this reeult? A. 1 | don't remember that there was; as to the return 1 bended te, I cortified it, and will testify that it ix correct, uti can't say whether thie ie right or not | Q Bave you any means of finding out? A. None except | by referring to the return iteei! @ Who did you send your return to’ A. 1 do not ree for!, Tmay have sent tt'to Mr. Turner «| Do you ever give it to the contractor? A. Well, ira | co wactor asks me if the return was ready I might have fe: (it to the Steet Commissioner by him ] Dit you send this return by the contractor? A. | may weet Mr. arly, as ® messenger, but [ really dou't | rember a Hr Comore examined —Iaaw this copy of the aaeus. @CUi bet we KLE Golicotor’e ofllce belore, | ca t give the b r 4 cubic}yards of earth excavation Sik “rock do. 3,009 earth filling In Mr. Boyle’s return the Sgures were. — 1,285 cubic yards of earth excavation oT rock do. fo earth filling You can see the alteration in the figures plainly enough | yourselves, for Mr. Boyle was most particular to draw tine paralle) lines tn red ink over his figures, and you can eee that the red lines sre clumsily produced to cover the | added dgures. [The list was bere shown, and the alteration in the figures Was quite manifest to the most ordinary observer. } Q Haye you any idea, Mr. Conover, when this altera tion was made’ A. Not at all; these figures, with the prive of 45 cents for rock excavation, make an increase op the aseessments of $3,390. Mr. Bovrx re-exemined—(Alderman Adame hands the assessment list to witnes#)—Do you recognise these figures as yours’ A. This 4 in the first item does net look lige mine. ‘Alderman Owexs—Just state what figures are yours. A. The 28544 im the first item, the 5754 ia the second, and the 5€9 in the lust look like mine. Q But not the 4 in the first item, nor the 3 in the other two? A. These were not made ia my office Q. Then the alterations were made afver the list left your hands? A. Yes. Alderman Abaws—That is enough; that's what we want. Q. Who was your return given to’ A. Our returns were usually given to Mr. Taylor, but in this case I dou’t re member to whom it was given. Alderman Apas*—You wish, Mr. Conover, to state who the gentleman was whom you informed of those altera- tions. Who was it, Mr. Conover? Mr. Conoven—Mr Kingsland, a clerk in the Comptrol- ler'# department, who occupies a desk in my office. Alderman Adams requested Mr. Boyle to send the com mitte ga communication containing a copy of his calcula- ties toe, the next meeting, to which Mr. Boyle readily as- sente Mr Jos. P. Siersow, a property owner on Third avenue, sta ed that four lots on the north corner of Third avenue and Seventy eighth street were assessed $195 66; that four lots on the southeast corner of Seventy niath street were assessed $213 26 for the same work; another cor. ner $194 26, while those on the northwest corner of Sixty firet street and Third avenue, his own lote, were , ouly assessed $07 17, just half the price of the others. He had no doubt his own assessment was correct but the others were charged double; a fact which he could not well understand. Mr. MeNeil, the aaversor, was sent for but on being sworn he declared that for the Ilfe of him be oould not tell who made cut the assessment, or for the discrepancy without seeing the asvessment list; but as Mr. Conover had gone home and locked up the list, the committee ad- ourned to Thursday next, at 2 o'clock. THE EXPENSE OF OPENING A STRERT ON PAPER. SOMETHING FOR THE TAXPAYERS TO RXAMINR. There ia now on file in the Street Commissioner's office ‘8 bill for the preliminary examination of Ninety sixth street, preparatory t the opening of the same from the Bloom- ingdale road to the tudson river, two and « half Blocks, from which the following items and charges are copied — Expenses in Corporation Counsel's office $45 Advertising 500 Printing « 60 Posting. 188 Carriag® “4 Room rent. mo Commissione . 152 Clerk hire . 3 surveyors : 900 Stationery 4 PAM ss vescerees SUPREME COURT—SPECIAL TERM. CERTIORARI. Fen, 23.—Jn the matter of the Assessment for Flagging, de., part of Third Avenue. Roosnvert, J.—The proceed: ing® in this case, without distinctly averring it, imply @ | ebarge of conspiracy, on the part of a late Street Commis. sioner and one of the street contractors, to defraud the city treasury to the extent of between $4,000 and $5,000, in Violation of law. Om the 26h of, November, 1855, the Common Council 1 an ordinance directing the side- walks of the Thirdfivenne, betwoon Sixty first and Righty: ixth streets, to be fiagged, and curb and gutter stones to be set, and reset Where necessary, under the directions of the Street Commissioner. For some cam*inexpini ed no getion was taken on thie ordinanceWor nearly a sear. On the 17th of September, 1866, Mr. Joseph 8. Taylor, Street Commissioner, ad’ fealed prope- al4 to do the work, giving @ minute specification of what Wet required, and apprising all persona that a “strict cor singly awarded to and sul le About three months after its dete Denke, towing prices annexed, and that the the ing; as ‘the prices rock excavt earth filling, 48 E by done and completed ;” and shat Wal ieee was awarded”’ were ‘for | rage ayaa ad gl sare. cents; “ court gutter stones, per ‘neal foot, 42 ao.; ae curb and gutter, 4 A flagging, per square foot, 113, do.’’ This certificate was nee &. Taylor, Street Commissioner, per G. T. Rogers,’ and was obviously untrue in several very im- pertant particalars. The contract as executed, a copy of which is before me, instead of allowing expressly disal- lowed the three first charges. And in advertisement for proposals it was also ly stated that the price for setting the stone and ‘was to include the neces- eary “excavations’’ and the necessary ‘regulation of the sidewalks,” and that there were, in effect, to be no extras under Ly oe Rely ing on the certificate, however—and, excavating ‘alli the ovly the lawful items fer curb, gutter and flagging, emounting to about $11,600, but also nearly forty per cent in addition for filling and excavation. ie law re- quires—and we are to presume, in the absence of any al- legation to the contrary, that the public officers in that resp-ct did their duty—that when the assessment list is made out notice shall be given in the newspapers to all pergons interested to present their objections. None, it seems, were presented, and accordingly on the 24th of Febr@ry, 1857, the agsesement so made, including the unlawful items, was confirmed by the Common Council and became a lien on the real estate of the atjacent pro- prietors; the Common Council at the same tine appoint- ing Mr. Joseph R. Taylor collector. ra, s@ far as I can ascertain ey gs before me, remained in this position until the 28th of September following, when, after a delay of more than seven months, and after tho whole amount bad been drawn from the city treasury, some of the owners, not however a majority eithor number or interest, sued out a writ of certiorari to bring up the proceedings for review .by the Supreme Court, in order that the same might be declared null and void and the whole assessment quashed. And the question now is, can & motion to that effect at the present time and by the ee parties alone and in the present form be granted. ¢ first difficulty relates to parties. The assessment list annexed to the return shows, as aireaty stated, that a great number of proprietors are omitted, and the writ itself, while naming a portion of the complainants, de- scribes others only as “the children of Peter A. Scher- merhorn and John A. Schermerhorn,” with no other name or designation. Although defendants may in some in- stances be sued by description, plaintiffs, it may fairly be esumed, need no such ind ¢, and should therefore allowed no such latitude. ery person prosecuting, bas a name and knows what it ia, guardian. Judge Mather, of the city endell, 277,) held that the certiorari should name party aggrieved as well as the cause of complaint. As to the omitted proprietors, the confirma- tien by the Common Council of the assessment as made is in the nature of a judgment, or rather in the nature of several judgments linked together. In such case one of two defendants, it has been held, cannot sue out a certio~ rari upless he accounts for the non-joinder of the other, or takes measures to compel him to joim or be precluded. (11 Wendell, 174; 7 Cowan, 482. To a professional mind the reason is obvious. Wi any other rule the greatest confusion must follow. ‘Again, as matter of strict law (and this is a common law avd not ap equity proceeding), must not the parties to entitle them to appeal by certiorari to a bigher court first present their objections to the jower tribuval? (1 Hill, 196 and 674.) Can they lie by until a confirmation taken place, and the money been paid, and thus in effect, if the assessment should be declared void, saddle the ex; of a local improvement upon the gemeral tax payer! {n the case of Elmendorf against the city (25 Wendell, 693) it was said a certiorari would not be granted after great dela) and heavy expenditures incurred; and in 2 Hill, 9 and 14, where it will produce a public inconvenience, or where the case is one of questionable relief in this mode. Aad is not the relief asked by these complainants or relators at least questionable? Can a judgment pronouncing the assessment illegal and fraudulent, as to the contractor who bas profited by it, be fairly rendered by the Court ‘without first giving the contractor an opportunity to be heard? The contractor in this instance, it may be said, has been notified of the charge, and has omitted t0 explain. The proceeding, however, Was informal. Instrictness, not being ‘8 party to the writ, he was pot bound to -d the hearing upon it. He might not be benefitted, he could not be beund. He bad aright, as he has done, to fol 1 his arms, aud wait for a summons {na regular action against him. A bill m equity to declare void a judgment—the confirma- tion wi quasi judgment—obtained by fraud and to refunding of the fruits of the wrong, is an ordi. nary remedy. In a case like the present, if the relators’ allegations be well founded, such a bill filed by them on behalf of allthe parties assessed who should see at to unite against the contractor, making the corporation, which by law is the trustee, @ co-defendant, would seem to be the appropriate remedy. I throw out these suggestions, however, only for the consideration of counsel, the case having in effect been submitted without argument either oral or writien. There are grave difficulties involved in it, which my engagements in the Court of Aj have precluded me from examining with that care Uh \- is there’ore more necessary if n: ispensadle. sball reserve a fina! decision until a further argument, which, it the counsel prefer thet mode, may be in the form of written briefs. THE GLASS BALLOT BOXES. SUPREME COURT. Fen. 19.—In the matter of J. L. Mott ws. the Board of Supervisors.—Mr. Busted, Counsel of the . has cbtained an extension of ten days, from February 22, to answer the complaint. THE STATEMENT OF MR. THOMAS N. CARR— AFFIDAVIT OF MR. BUSTEED, THE CORPO- RATION COUNSEL. ‘The statement of Mr. Thomas N. Carr, published in yesterday's Hexanp, bas caused the following action on the part of Mr. Busteed:— State of New York, City and County of Mew York, Richard Busteed, of said city, being duly sworn says, that he is the Counsel to the Corporation ‘of tbe city of ‘New York, and as such is charged by law with the duty of baving the charge of and conducting all the law business of the Corporation , and also the charge of and conducting the legal proceedings necessary in ing, Widening or altering streets in the city of New Fork and receives for such last named services a salary of six thousand five hunared dollars per annum, which aalary is fixed by law; and that he is prohibited by law from receiving any costs, fees or charges for any service of duty required by law to be rendered by him in any matter or proceeding for the opening, wicening, extending, laying out or otherwise improving avenues, streets, public parks, publi: = or other public grounds in the city of New York. Deponent further eays that,ax such Counsel to the Corporation, it is made by law his daty to give notice by advertisement ‘or at least twenty days, in at least four of the public a printed m the said city, of the intention of the Mayor, Aldermen and Com monaity of the city of New York, to make application to the Supreme Court for the appointinent of Commissioners: of Eatimate and Assessment, and that it ix also made the uty of this deponent by law, in addition to the sald ad vertisement, to cause copies Of the same, in handbills, to ‘be posted up for the same space of time in three conspic uous places adjacent to the property wo be affected by the intended im ‘ment. Deponent further says, that on or about the 8th day of November, 1866, application was made by the or, Aldermen aud Commonaity of the city of New York, by thie deponent as their counsel, and in manrer and form as aforesaid, for the it of Commissioners on the opening of Fifty-ninth street, from the Second avenue to the Fifth avenue, and from the First avenue to the East river, in said city, and that all the re- quirements of law in rela‘ion to the advertisement of such application in four of the public newspapers of the it may be assumed, either actually or of Albany, (23 the & and in relation to posting copies of the same in hand- bitls were duly and strictly complied with ia the case <a ee , and in the case of every simi! lication made by the Mayor, Aldermen and while deponent has been Corporation Coun- el. Deponent further says that one Thomas N. Carr, polated by the, Supreme Grurt toe of the moors irt one iasioners: Ur mntimete and Assessment on aid street, Dey fur phy said Thomas N. Carr, well knowing the pro- mises, but maliciously contriving and intending to injure and defame this Othe peace of deponent, over the signature of the said Carr, inthe New Youk ‘Hyenann of Tuesday, the 23d day of Febronry, 1868, ax by the Henats of that day, and as deponent is informed and believes to be true, others, the following false, scandalous and deta: r, the law makes tt m saw is observed, but its apirit and intent, in many Inetanc in wholly eeaded and outraged by the oiler enteusted with the exec! f the The advertisement is some p and of cov the pincer $ power ia employed to take down asthey are put up. By this pre parties most in thi ing through are kept in total ‘This ls what is wanted; and eventuaily protest Jourt ard secure thelr terested in the proposed ey on eovive finally their fees 3 ; Dg isa single item of profit which is cetved by the Corporation Counsel yearly, from fees for “‘aer. to tke Commis rect Agseaamenta and take for estim: commis or the opening of Fifty ninth street, In amount ft is ®1 (12 12!4; and. for what? Let us see, During the two hundred and five sittings of thia commission, the person of the Counsel was never pre sent, and to the many munications addressed to him, as conneel of the commission, reyuiring legal advice, noanswer, as far as T understand, was ever returned by him, What harges for? The commission cannot tell, ean the assessed property owners’ Last year the number of com- missions ritting mimbered in amount some fifteen or twenty. This year they will exceed this number, hut, supposing them to be but twenty. the fees from*which to the Counsel, yearly, pwarda—aboot a third of y a tortunate possessor, This only outrage commitied upon the property owner, And this deponent further says that the above state ments of the sald Carr in relation to the employing of “a person to take down and make away with the bills,” and in relation to the “advertisement being given to some per unknown to the poblic,” and in relation to the al- jeged bill of $1,112 1236, alleged to have been rendered cee for services rendered to the comm aaion, of which said Carr isa member, are and each of the said statements is, wholly and without avy qualification what- goever, false, And deponent rays that he has never ren dered any bill for services to raid commision, of to aay Qipmisgion for opening or improving streets, and bas by with any matter or nection ‘opening, widening, extending, ‘ing Out or otherwise ageing public ground. in Ue" city off New York, yn prtocnd that the eaid Thomas N. Carr be apprehended tnd dealt with according to law. ad BOARD OF SUPERVISORS. ‘This board met last evening—Klijah F, Purdy, Eaq., President, in the chair. ‘1 GLASS BALLOT BOXRS—OOMMUNICATION FROM THE MAYOR AND CORPORATION COUNS#L. A commun! Was received from the Mayor, en- closing one fro! Corporation Counse}, ting & suit commenced by Jordon L. Mott as assignee of Samuel C. Jollie, to recover the eum of $60,000 on a contract for suppl: a ine city Wi Sy omen glass ballot boxes. ‘The or calls the immediate attention of the Supervisers tothe matter, etherwise the cause will go by default againat the city. ‘Mr. Busteed in, his communication, says that the com- plaint alleges an agreement to hase four thousand of the boxes at the price of $15, a delivery of the above num- ber to the Metropolitan Police Comm! an accep tance and the use of the four theusand ballot boxes, and a subsequent ratification by the Supervisors of the con- tract. Mr. Busteed aks for instructions and information ‘on the subject. Supervisor Burnt offered 8 resolution to the effect that wy, vas. R. Whitiag be employed as counsel to defend the suit. ‘This was by Supervisor Twxsp, who said that the matter should Lot be taken out of the hands of Mr. Busteed, who was the proper officer of the Board, and perfectly com} nt to form the duty. Supervisor Bucy? eaid that it was evident Mr. Busteed bad too much business to attend to, andhe named Mr. Whiting because he already had the case in hand, and had resisted the uit as a taxpayer, without fee. Supervisor KeNyepyY sores the resolution, and said that Mr. Busteed should notified the Board of this suit, and not send it to the Mayor, who was not a member of this Board; he had delayed his information too late; the communication to the Mayor is dated Feb. 19, and the twenty days’ notice was out on the 22d, so that the case bas gone by default. Supervisor TwreP contended that Mr. Busteed had done ‘lhe could in the matter; he bad notified the Mayor as a Police Commissioner. Supervisor Keepy said that Mr. Busteed, in his com- munication, says that ‘‘a suit has been commenced the Board of Supervisors,’ and thet the time to answer will expire on the 22d. Now Mr. Busteed must have no- ‘jee of this action on the 2d of February, and he does not notify the Mayor of the faet until the 19th. Supervisor Twxep moved to strike out the name of J. R. Whiting and insert that of the Corporation Counsel. This was lost by a vote of four te seven. Shpervisor Brit. explained, that thongh he voted against the amendment, he did not imply any censure on Mr. Bus- teed, but he opposed the amendment because Mr. Whiting had already the matter in hand, and was well ac- quainted with it. Supervisor Tweep raised the point that they could not pass the resolution to employ counsel, as it required an repriation of money. Supervisor Biuyt’s resolution to appoint Mr. Whiting to defend the suit was carried by a vote of 8 to 3. A PR NEW OFFICK FOR THR SURROGATR. The Committee on County Offices ted that the presert office of the Surrogate was insufficient in accom- modation for the business of that court, and the filing of the records; and they recommend a reeolution authoria- ing the Committee on Civil Courts to procure suitable rooms, and appropriating a sum not exceeding $4,000 for rent per annum for that purpcse. Laidover. The matter was subsequently reconsidered and the resolution ‘adopted. THE RIVER POLICH. The Committee on Criminal Courts reported in favor of appropriaticg $2,125 for the contingent expenses of a river police. Laid over. ‘The Committee on Annual Taxes reported against re- ducing the tax on the Mechanies’ Banking Association, and also the tax on the Grocers’ Bank. Laid over. Other papers were received, and the Board adjourned to Tues- day next, at three o'clock. BOARD OF COUNCILMEN,. ‘The Board of Councilmen met last evening—the Presl- Gent, Charles H. Haswell, in the chair. ‘The minutes of the last mecting were read and ap- proved. The petitions of several parties on various sub- jects was the next business in order, and after being read they were referred to their ‘late committees. One of these was a petiti the inhabitants of Staten Island who are di iness in New York, asking for the setting apart of aslip atthe Battery for ferry to and from the island. Another was asking for an of $500 for the benetitof the New York Voluntecrs, many of whom are ina condition, owing to the late national panic. Conncilman Gexxt moved the number of the Com- mittee on Assessments be increased from three to five, on the grounds that the duties of the members of that com- mittee are often laborious. Adopted. Councilman Crawrorp moved that the Committee ou Wharves, Piers and Slips be increased from three to five. This motion was adopted; but a reconsideration of the question by | subsequently moved, the action of the Board on the ~yoh ge ‘was rescinded. INk Offered the following resolution: — re, at its last session, passed an litan Police act,” and whereas said act was d against the feelings and wishes of the entizens of city of New York, evtailing upon them an increased taxation for the support of the said police, with. out their deriving ® corresponding benefi: from the force ‘n the matter of good government of the city than was derived from the former police at & much less expendi- ture of money; therefore, Resolved, That the Counsel of the Corporation be ro- quested to memorialize the Legislature, in behalf of tne citizens of New York, for the repeal of said M Hitan Police act, and for the paseage of an act re catablishing the former police. Adopted after a short debate. ‘THE REPORT OF THE FIRE DEPARTMENT COMMITTER, SURMITTING ORDINANCE TO SUPPRESS KOWDYISM IN THE FIRE DEPART vet entitled the . On demand of Councilman Bray, the report was read, apd it showed that the Fire Commissioners di cline giving information sought of them, and recommen: that the Board should not concur with the action of the Aldermanic Board on the matter. After some discussion liad taken place, the report was adopted. ‘The following communication from the Mayor was read and referred to the Committee on Law Department — To 1m cee ™ —— _ NCH. = inal GeNTLEMEN—It appears e published f of the Legislature that several bitte have deen Tasroduesd into that honorable body which, if they should become v8, will aifect materially the local interests of this city. While I do not deem itneceasary at this time to state my views in relation to the expediency or justice of the par- ticular objects sought to be accomplished in the passage of these, or any of them, yet I believe that, as they are all urged by interested private pertics, and are entirely con- nected with the loeal government and regulations of the affairs of this city they should not be allowed to pasa the Legislature without attention of the Common Council being called by me cfficially thereto. The Common Council have a better iy of judging of the necessity or expe diepcy of these praposéd local measures than the members of the Legislature, ad I doubt not that a suitable memo- ria! from the Common Council in opposition to their imme Crate passage will meet wtth notonly a just reception, but the justice of your objections thereto will be admitted by that honorable body. 1 would therefore recommend that the Counge! of the ion be directed to py ce proper memorial against the passage of any lle ae parely lecal character as respects this city, without the spplication for an assent of the Common Council to the same, unless substantial public reasons should determine otherwise. DANIEL F. TIEMANN. Mayor's Orrick, New York, Feb. 23, 1868. ‘The tax levy, aa amended bi Board of Aldermen, ‘was brought up for consideration, and the Board concurred with some of, amendments made by that Board, but ac bered to their former action regarding others. Councilman Gener said that he was sorry that the re- == been misinformed as to the resignation of ‘omptrolier Flagg. The Comptroller never told him that he resigned, nor was the statement ever made by him. On motion, the Board now adjourned. BOARD OF TEN GOVERNORS. DISCUSSION ON HOMROPATHY POSTPONED—-THR OUT THE FIRE ON THR ISLAND —NOSPITAL CENSUS OP THE DEPARTMENTS. The Board of Ten Governors met yesterday at the Rotunda, in the Park. THE ISLAND HOSPITAL. Mr. Towxernp, from the Island Hospital Committee, re porved a petition to the Common Council asking for $100,- 000 to build @ new hospital. The report waa accepted, and the petition was ordered to be tranamitted to tne Corpora tion. Mr. W. T. Piney reported that the lors to Dr. Sanger and the Assistant I’bysician, by the late fire, was nearly #2,(00, and the committee recommended the re payment of the ame to the Doctor. Mr. AxpxRsoy objected. He thought the Doctors should bave their goods insured. It would be a bad presetent for the Board to assume such losses. Mr. l’inckney’s mo tion, however, prevailed NOMROPATHY 18 WRLLEVIR HOSPITAL Mr. B. F. Puvcxwey called wp the special order of the evening, which was the report of the committee on the propriety of introdueing homenpathy into Bellvue Hospi tal, with a view to test its usefulness Mr. W. T. Pixexsey moved that the subject lay on the table for two weeks Mr. B. F. Pivexnny hoped not. The question should be met fairly and at once. Tt was a matter of the utmost im- d should pot be trifled with. KY moved that it be postponed for six monthe, fae be wanted to enlighten himself on the subject. Mr. Oriven thought this was a very extraordinary mo- tion. Mr. Maloney was one of the signers of the report egoinst homeopathy, and now he confessed that he knew but little respecting the merits of the case. As Mr. Gunther, who took a good deal of interest in the matter, was absent, he wished the subject to lay over for two weeks, until a fall Board could be had ‘This motion eventually prevailed. THR OFT DOOR POOR. Mr. Towxeeyn, from the Committee on Out Poor Poor, reported that the call for coal still continued, and the sup- ply bed run short. He moved that 2,500 ‘tons more be contracted for, which was carried. The Board then ad. journed. 3 OF THE DEPARTMENTS. ve. 1,080 Smallpox Hospital Randall's [sland City prisons... Colored home... Colored Asylum... Childron at nurse... phate. « or “At geome date last your. . UMOPOORE ois ccc ee een tee rene cere ceee Before Hon. Judges Davies, Clerke and Suthertand. John P. Beekman, Administrator, Appellant, ws. the People of the State of New York and others, Respondents. ‘The People of the State of New York, Appellant, vs. John P. Beekman, Administrator, dc., and others, Respondents. Thomas Beekman, Administrator, c., Appeltant, vs. John P. Beckman, Administrator, and others, Respondents. —The complaint in the original ease was filed by Joh» P. Beek- man, administrator, with the will of William Barthrop, deceased, to procure a conetruction of the last will and testament of said Barthrop. ‘The defendant, Mary Bonsor, is a sister of the testator, and the defendants, Mary Bon- for, Samuel Bonsor, Alexander Bonsor, Heury Bonsor, Elean¢r Potts and Almira Gilson, are the chiliren of said Mary Fonsor. The defendant, Thomas Beekman, is the administrator, &c., of Anna Barthrop, deceased, who was the widow of the testator. The remaining defendant is the people of the State of New York, who appear by their Attorney General. The facts in the cage are undisputed. The children of Mrs. Bonsor, who are living, are made parties a8 claiming the benefits of a provision in the first codicil of the will for the purchase of a farm, which 1s in the follow- ing words :—* I will that my executors, afarm in trust for the benefit of my nephews nieces, children «f my sister, Mary Bonsor, ef Nottingbam. in England, not exceeding six thousand dollars, as an asylum, and ‘tis my wish they come and occupy the same, especially my .ephew Benry; but my executors must have full power over the seme for fifteen years, for the benefit of all my nephews and nieces, as they think fit; and after the fifteen years is expired they may sell the same and apportion he avails among them or their heirs and survivors, as ae may Ged jet sone any of my peers and nieces avil or wi e arrangements my executors ‘ke for their mutual benefit, 1 will that they receive no. art thereof.”’ The other parties are interested either ag ) ext of kin in the distribution of the portien of the estate ttempted to be bequeathed to various purposes of bene- volence, or in the application of such portion to such pur- ones, : To enable the Court to comprehend fairly the directions of the wil) in this respect, the judgment appealed from and the points presented, all the provisions of the will upon the subject are quoted. The will bears date the 9th October, 1837, and after making several devises and bequeste, proceeds as follows:—‘All the residue and remainder of my worldly estate and effects, except what ix hereafter excepted, I give and devise to the Society in Philadelphia and to the Society in New York, for the Re- lief of Tailoresses and Seamstreases, to the Female As- sistance of New York, to the Society for the Rehef of Respectable Aged ati Indigent Females of New York.’ He subsequently revokes these bequests and gives to these two societies $1,000 each per annum for five years. These directions were again revoked by a codicil made the 15th October, 1838, and provision made as follows :—"I do hereby revoke the legacies given in my will and in the codicil thereto, to several societies in New York-city, and in the city of Philadelphia. As to the rest and residue and remainder of my estate, including the capitabor prin- cipal sum to be set apart to produce the annuity to my sister Mary, ae mentioned my will which sball remain thereof at her death, and after tiret satisfying the several legacies and bequests and provisions in my will, and any of the codicils thereto, except those which I have by this or any ‘other codicil revoked, I dispose thereof before any money is appropriated for the establishment of @ dispensary, a3 provided for in one of the codicils to my will, as follows, that is to say:—”” Exceptions were taken by each of the parties to portions of the judgment of the Court below anc wo the rulings of the Justice on the trial, and bills of exceptions prepared and settled, Fach of the parties appeal from the whole or some part of the judgment. Points. —The cevise and bequest in the codicil of May 12, 1838, for the building and maintenance of a dispensary is void. It would be void at common law for vagueness and uncertainty. To the validity of every disposition as, well of personal as of reali catate, it is requisite that there be a definite “subject” as well as “object,’’ and uncertain- ty in either of these particulars isfatal. The “subject” of 8 devise or bequest is the estate or interest disposed of; the “‘objeet’’ is the person or persons who are to be bene. fitted by the devise or bequest. There is no specific de- vise or bequest of the residue of the estate or any portion thereof to ony one, for the purpose of a diapensary No trustee or trustees are named or appointed to take the es. tate or manage the dispensary, nor is any provision made for perpetuatng the trust. No limits are set to the funds to be appropriated to the object. ‘he persons who are to be the beneficiaries of the trust are utterly uncertain. No | place is named where the dispensary is to be established. ‘The directions in the will for the establishment of a dis- Beary are made void by the provisions of the Revised utes, forbidding accumulations of the rents and profits of real estate, or of the income of personal property, ex- cept in certain cases. The devise or direction to the exe- cutors in the first codicil, to purchase a farm, in trust, for the benefit of the nephews and nieces of the testator, to be held for tifteen years for occupation by them, and then to be sold, and the avails apportivned among the nephews and nieces, their heirs and survivors, as the executors might think fit, being void, the money set apart for this rpoee should have been distributed to the next of kin. ye Court below erred in referring the accounts of the administrator, John). Beekman, to a referee, to ascer- tain whether they had been settled, aldited and al. lowed in due manner by the Surrogate of Columbia many: Te sccounting tw due form was al- ley complaint, Xpress! admitted in the answer of the Bonsors, th mn , the partion immediately inte- rested, and proof of it waived by the stipulation of the Attorney General, who had put in a general answer—no juestion in regard thereto could have arisen on the trial. The Court erred in holding that under the discretion goon- ferrea ty the last clause of the last codicil of the will, givipg 1ull power as to the disposition of the residue of the estate, “so that the same shall be applied to objects of charity,” the administrator was limited in his selection to societies, and could not even bestow the testator’s charity ‘on an mdividual, no matter how deserving, not even if he were the testator’s own aged and indigent sister or widow, If the trusts are valid, and can be enforced, their execu- tion devolves upon the administrator with the will apuexed. The renunciation of the executors named in the will and the appointment of the administrator, forever precludes the exeeutors pamed in the will from inter meddling with the personal estate of the testator. The courts of this State have no jurisdiction by virtue of which an estate that bas passed to heirs at law or uext of kin, by reason of a decedent, owners neglect, or failure to make a legal disposition of it, can be wrested from such heirs or next of kin and applied to public charity. The equitable jurisdiction of the Snpreme Court of this State and of the Supreme Court of the United States, is co exten sive with the ordinary judicial power of the English Court of Chancery, which is only adequate to uphold and enforce sveb trusts for charity as would have been valid if duly created for any other legal purpose. This jurisdiction is plainly inad«quate to gustain the devises and bequests for & dispevsary and for charitable purposes, which are sought to be made by vhe will in question, The judgment in this case should be reversed, and a judgment entered declaring void the provisions of the will and codicils fer the purchase of a farm, for the establishment of @ dispen- sary and for charity, and distributing to the wext of kin the estate not apecifically bequeathed. Argument is being beard. | Masical and Dramatic Matters, Travian Orena.—Morart’s charming opera of “Tl Don Giovanni” is to be given at the Academy to-night in the tame style of elegance that characterized its production last eason, when it was necessarily withdrawn in the height of its popularity in consequence of the departure of the company for Philadelphia. Broapway THeaTnx.—Attractive programmes have becn arranged for the performances to take piace in the atter- noon and evening. The superior equestrian, acrobatic, gymnastic and menagerie corps will go through their as toniehing exercises, and the juvenile pantomimists are to perform in the fairy spectacle of “Cinderella.” Bowsny TukaTxe.—Mr. R. Jobnston’s adaptation of the “Gopmaker of Moscow” is announced for to-night, with Mr Eddy and the adapter in the pal characters. Mr. J. is to play in the exciting called the “Broken Bword.’"” The entertainments are to conciade wilh the ew drama styled the “Biacksmith of Ghent.’ Burton's —The favorite old comed; Ruin, of the “Road to in the different acta of which Messrs. Burton, ahem and Walcot. re an sae ees ‘of Goldfinch, is to be again performed this evening. Messrs. Brongham and Walcot are also to appear in the renowned old Olym- pic extravaganza called ‘The Savage and the Maiden. Wausck's—Mr. Bourcicault’s Inst drama, “Jessie Brown, or the i gd of ey b tee ba 8] cially comment esterday repeated 5 {ine Zest, N will be Observed, embraces the. eatire in addition to the auxiliary aid of Miss ‘at the Swan”’ is the afterpiece. Lacks Krexr’s.—Two favorite comic dramas— All that Glitters is not Gold,” and the “Muleteer of Toledo’ —are to be played at this house to-night. The various charac. ters will be admirably portrayed by Miss Keene, and Mersrs. Jordan, Jefferson, Burnett and others alike distin. guished fer careful delineation of the parts allotted them. Amenican Mose. —Little Cordelia Howard and her pa. rents will this afternoon ins new play drama- ised from Hawthorne's romantic novel, entitied The Sear- Jet Letter, of the Elfin Child.” Mr. Watkins’ remarkably sucerssful adaptation of the “Pioneer Patriot, or Maid of path,” is to be enacted in the evening. Coronty Orera.—In addition to the customary routine of songs, burlesques, dances and jokes, we are to-night promised the farce of “Welfo, the Sensible Monkey,”” at Geo, Christy & Wood's; Eph. Horn and his peculiar evcen- tricities at Buckleys’, and “Dan's Dream of Shovel-ry,” interspersed with melodies and heel and toe exercisos, at Bryante’ Miss Acwes SoTHERI AND, the Scottish Nightingale, tenders fa fine selection of characteristic, national and other songs, &c., for her concert, to take ‘place at Mozart Hall this eversrg. As an indication of the estimation in wh the is held by her countrymen it is proper to observe that this concert is given under the patronage of the Fghiand Guard and Caledonian Clip. A Elder in the Catnboose, A man nathed Maylet, says the Keokuk, Iowa, Journal, was picked up im the street on Friday evening, while Inboring under a heavy presaure of liquor, and confied in the calaboose, He representa bimeelt as being a Mormon preacher, and has jn bis possession an elder’s certificate from his inghness, Brigham Young, of which the following ie & true copy — To all persons to whom this letter shall come—This cer- tifles that the bearer, Elder Wm. F. Maylot, is in full faith snd fellowship with the Church of Jenus Christ of Latter Day Saints. and, by the general authorities of said church, has been duly appointed a messengerto the Rastern States, to preach the Gospel and administer i all the ordinances thereof pertaining to bis office; and we invite alt eas ive heed to his teachieg and counsel as a mnn Ms fent to open to them the door of fie and salvation, am secist him In his travels in whatsoever things he may jad, the eternal Fether, to bless e ' May let, and all who receive bim and minister to ® 4 ws forte, with blessings of heaven and earth for tim, Alletepnity,in the name of Jesus Christ. Amen, Sof -A « t Great Salt Lake, in the Perrier, of Utah, in behalf of gad RHAM YOUNG presideney, iste BENRY ©. ixrwmats,, First Pr ’ Dasrer A. Weiss, Seoretary Avrit. 22, 1867 need, and we pers The Awakening of a New Spiritia Virginia. | MEETING AP THE MERCHANTS’ AND MECH aNd’ | BXCHANGE, IN NORFOLH- H {From the Richmond Esquirer, Fet 22.) A called mesting at the Merchants’ and ‘Mechanics’ | Exchange was beid Wednesday afteruvon, February 17, ‘Yhe PRasiDeNT stated that they the purpose of giving «: ion to their views relative to | the Importance of Ny completing the James river and Kanawha Canal—ihe great water line of Virginia— und of taking such steps a8 they deem advisavle 40 | rng ae mace prominahy Set faery lore ae ti @ day ag for the pur; of obtaining the passage of sueb ‘a bill aa would ‘accom [oo the speedy completion of this great and importams work. ‘ On motion of Mansiatt. Pawus, Faq., it was resolved, "\ that a committee of five be appointed to preseat resol tions expressive of the sense of the meeting; and the — Chair appointed Messrs, M. Parks, H. Irwia, Ghiselin, G. W. Farant and 8. R. Borum, who retired and + returned with the following preamble and resolutions, which were unanimously adopted: — Whereas, the size, safety wad postion, of the harbor of Norfolk point to it as the cen! barbor of the Atlantic coast, and the natural centre of Atlaatic trade; a giamce ¢ the ho shows Cairo “ae icaliy Hutt e point convergence o! upper rivers, and therefore, as tho natural centre of interior trade; that between these two centres now exist in the Ohio, Kavawha aud James rivers, whi: with the connection completed between them, form a continuous and nearly direct water line from the great centre of the interior trade to that on the Atiantic— ‘Unat owing to the temperate climate of this route trade to and fro between these two centres can be passed for eleven months in the year, thus making it a graud central American water line, superior to any that now existe, or that can ever be established; therefore, Resolved, That the overwhelming advantages of this line for the reciprocal trade must command for it the great mass of the trade of the upper Western river coum, 4 try, as well as that of the States through which tt Tung a trade now amounting to many hundreds of millions dollars annually; and which must be vastly increased by be reat developement of the trade of tne country imte- r Resolved, That this conclusion justifies the Commercial division of the Union north of the lower lines of Norte Carolina, Tennessee, &e.,to the Rocky Mountains, which is made ia the map which aecompanies the pamphiet oa- titled—An Appeal for the Speedy Completion of the Water Line of Virginia,” &c., which map divides said ter- ritory inte two portions, the’ Northern part of which commercially tributary to New York, and the other to Norfolk—the latter being four times the size of the for- mer—and that this claim is, in our opinion, clearly demom- — ‘strated in said phiet, and that it is conceded by twe | hundred and fifty or three hundred newspaper notices ex- _ tending from New York to New Orleans, and from this city to Kansas; that it is also conceded, so far as we know, by each one of the many thousand persona that have dis- clissed the gropositions of that work, and is furthermore endorsed by the ablest atatesmen, not only ef our ows ite, but of the Union. Resolved, That passing as it does through the very cea- tre of the ‘great trans-Alleghany coal field of Virginia—e field in iteelt greater in extent, containing more coal, of » better quality and more cheaply mined than any other of the Union, it'would afford to thas Held a developement that it cau find through no other source, enhancing its value te the extent of many hundred miilions of dollars. Resolved, That the greatest internal trade avenue of the Union, if not of the world, wiil thus pass through the cea- tre of Virginia; that the vast tice of this trade would, ag along the line of the Erie canal in New York, build up and sustain mauy scores of thriving and prosperous towns and cities, besides its manifold other advan’ in opeoing mines, stimulating manufactures, and pushing forward agriculture to the extremest point of developement. Resolved, That the city of New York has reached her present point of power and wea'th, through the wise con- nection of the harbor of that city with the Western lakes, throvgh the Erie canal, which gives her thus the trade drainage of the section of country assigned her on the above referred to; that this connection enabled her te transport to New York the produce of the interior in greater masses and at less cost than the same could go to any rivat city; that the same advantages were given that city in the transmission of the return trade, ao4 that im these grand facilities in connection with her harbor, do wa find the great, if not the sole, cause of the present great- ness of that city Resolved, Tbat if this be so, that the building up of 4 similar connection between our city and the fer reater country which, on said map, is conceded w Norfolk, must, in our opinion, and’ very speedily, jurtify the hope that the seaport of Virginia will become ‘more than a rival to that of the Empire State; that this opinion is further estab.ished by the fact that the eat line we have in view would form a trade line from Norfolk far into Kansas, north of which no item of South- ern prodnce would ever go, from the fact that the trade exigencies of the West now require a great importing centre by New York, and a great exp centre at Now Orieans—whereas, the ni and position of this line would combige the adv ea of both; or, in other words, establish bere the combined advan of those two citiee—and from the fact that Norfolk can never bave ‘rival eouth of this Leow while New York is subject to a rivalry with Philadelphia, Boston and other seaports of great capacity and depth of water. Resolved, the concentration of such 9 vast amount of interior produce at this point would draw bere immense fleets of merchantmen; that these vessels would bring with them a large number of for travel, and @ had been convened for * ‘ large amount of light yg for tr over our rail- roads; that this trade and travel would at least double the trade, and more than quadruple the of our rail- roads, thus adding immensely to their value. Resoived, That we believe the enbancement of the rail- road interest of this State would butid this connection twerty times over; that the enhancement of town and city property of Virginia would build it fifty times over; ‘that the enbancement of farming property would build it one hundred times over, and that the enhaucement of our mineral property would build it two hundred times over— thus making the reflex benefits to Virginia amount to ma- bundred times the cost of the work; and that by it ‘rginia would become again the first State in the Unioa, and its chief seaport @ vast commercial emporiam; and that upon its completion must depend all our hopes of Mate or cit? advancement—the only means of sustenance for rail steamship lines, &c., which, without i(, must be doomed to a precarious existence Resolved, That this meeting consider the early comple. tion of the water line to the Ohio river of the first im- portance to every interest of Virginia; it shoud be con sidered the paramount interest of the State, entitled to its earliest and most earnest consideration. That such means should be taken as shall insure its earliest possible com Pletion, that in this view the State stwuld either take it up as a State work or give up ber interest to a company, and such only as can deposit with the Comptroller such sum, to be forteited im case of failure, as would insure its com- at the earliest possible moment Resolved, That we earuestly request the representatives of this city ip the Sepate and House of Delegates to press & resolution similar to the foregoing on the attention of the Assembly of the State, and to use their utmost exertons to affoct its passage, During the absence of the committee, D. T. Bisbie, aq., entertained the meeting with an interesting acaount of the feeling excited at the North and West in behalf of this great work, and of the proposals which had been obtained from capitalists in New York to complete thifl improve- ment without cost to the State, provided a suitable caarter could be obtained. Mr. T. T. Cropper offere4 the following resolution, which ‘ was adopted:— Resolved, That we deem it ex} of twenty be appointed to visit jient that a committee ichmond, for the purpose of conferr: ith and urging upon the members of the Legisiatare im) ‘this great scheme. And the D. T. Bisbie, 8. R. Bor Ubair CS og ved re. D , Mar. shall Parks, Henry Irwin, Henry Ghiselin, E. T. Summers, G. F, Anderson, S. H. Hodges, G. W. Farant, Jno. B. Whitehead, W. I’. Stewart, Chas. Ro 4, tie, J.T. Allyn, J. Jas. dren, N. ©. King, Wm. F. Taylor, Jas. ‘On’ motion of Hewny Inwry, eq., it was Resolved, That the thanks of the citizens are due, and are hereby heartily tendered to D. T. Bisbie, Keq., for his active exertions in bebalf of the interests to intimately connected with the welfare of our city, and that we cor- dially commend him to the members of the General As- sembly as a gentleman worthy of their confidence, and aa representing the views of our citizens on this great ques- tion—the water line of Virginia On motion of H. Tawi, , it wae Resolved, That a Finance Committee be appointe 4 to re- ceive funds to defray the expenses a comm: tee The Cua Hi. Irwi J. Hardy Hendren,C. W. Grandy and Char! L ‘On motion of A. Gana, Fisq., it Resolved, That these blished in our city papers, with the west that ‘be copied by all, Papers in the State friendly to the cause, and that urge the calling of similar meetings to this one throughout ‘On motion, adjourned. Death Li Inet the Enforce: ‘t of” Penalty agal nfereement of | mated into ® \roug! of a bill which we cannot think was consum: jaw by the signature of Secretary Denver, making it « crime punishable with death for any attempt to put ia force the provisions of the Lecompton tion, 5 bill is entitled “An act to define certain erimer, and for the punishment La and is in the fae keg | Whereas, a number of persons, authority of the people of Kansas, assembled a, pet of Lecompton in November iast, and fe frome what they term a constitution for the woo A onder which an election was hel! on the ‘ Janu ary last, for State officers; and whereas, one John Oat penn the President of aid pretended Convention, cians forave authority on a certain contingency to deciare by ‘Jamation the 1 pretenced constitution to be fe constitution of the State of Kansas, and the persous e orting wo have been elected on the fourth of January faethe be the jawfol officers of government tor the people ort Kansas ‘and whereas, the Convention possessed no au thority from the people of Kausas, but was an irresponsi ble uxembly 4 iA Conspiracy against the righta ¢ ’ and liber, be It enacted by the Governor and Lagisia, tive ‘Ascombly_ of the Torritory of Kansas, That if any} ai fnoreidual claiming to have anthority from tae convention: which ascembled at Lecompton in November last to mak: A constitution for the State of Kansas, sbatt publish in th Shape of an official prociamation any declaration to thi Sffect that the constitetion made by eaffl convent! yn, is the conatitution of the Stats of Kansas, or sbali cali oo aay poreon oF persons as officer or officers to act under sai constitution, of chal pretend to of in fact commiseion an person or persone as offers under the same; oF if au person claiming to be the Governor, Lieutentnt Governor, Keeretary, Auditor and Treasurer’ of State, under rad Ustitation, ¢ laiming to be elected to either b . et Ay ead constitntion, #hall aseu of said offices unde persons ehall att effect_to the @ this Territory, atch person oF shall be decuned guilly of feloay, aad wir convic elative Assembly, or a member of Congre’ he duties of any OF eithe of if ANY person nd