The New York Herald Newspaper, May 11, 1858, Page 5

him or not; I believed there would be one, very likely I told him so at the time; if I did, Wo bie being appointed ‘ commissioner ument; I have never knot ‘est that these combinations Question 2,557. If the sale had been thought it ought to have 3 i i i 2 8 nowiDg to take place in the formed. Ey § Fi s B B aE Bes ipal per acre, and it was granted 2660. Have you any special reasons for sup- @ & combination would have been formed in this ? Answer. Ihave; and I think Iso stated in a ication the of War, in which I ex- proseed the desire that the tract should be sold in lots of each, £0 a8 Local men of small meen 3 pur: pressed the same opinion openly on al! ocos- sions when spoken to about it; and I was often g| ‘m reference to it by men who had gone and made the im- given it its value all around it. I wished that these men should have an opportunity to 1. Then your object was to enable your hase it at a dollar aud a ‘was my object te enablo purchase it at the lowest price. Francis J. Rosser, ex-Secretary of the Territory:— opinion that if the commis. Fort Snelling reservation at public sale there would have been combinations which i provements which i §. A. Medary, Esq.:— Question 1,149. What, in your opint and sold it at public sale, or made the sale in the manner single individual, at $90,000. have sold for comparatively ion, would have been advertised that land nothing if it bad been sol ‘usually take place at the i rue 4 5 : when government lands juatters to go upon it; it is hard t¢ ‘a sort of pre-emption right commissioners was to #2 HES i ak There are other witnesses who testify to the same tice in the West, but we pass them by to intro- juce an extract from the evidence of Franklin | Steele, Exq., who, although the purchaser of the pro- | occupies so high a that we feel no di y in presenting statement as entitled to the fullest confidence: — Question 1,163. Do you think any tion could have been made at the time which would have prevented the government from real the full value of the land? Answer, I was m; nation to make up & sum of one individual, balance the whole tract at a dollar and s quarter ‘Question 1,154. Could you in this mode ha the land at a cheaper rate than you did at private sale? presume ‘vation, but that portion of it uaied at a much cheaper rate. Question 1,156. Did you decline entering into that com- dination Answer. I declined. Question 1,164. | understand you to say that if this re- rervation had been sold at public auction it would not hay ‘rodght as much as it did at private sale. Answer. That ‘Question 1,165. Why then did you bid for it at tale, without seeking to have a pub! money to place in the hands protect him in buying an ape tho whole reser- ic sale made of it? public gal eI might 1 state that the mode of ‘was struck off some years ago After the law had = i preference to a public sale, and to sell the entire re- opened a wae teeta ference thus shown to Mr. Steele which | should subject their motives to an; one of the Commissioners, Mr. ‘was an entire stranger. With the other, Major East- | man, he was scarcely 1 serve in a body, friendly terms. And A pioneer of the wilder- settlers west of the He is a gentleman of intelligence, en- terprise and public spirit, of admitted pecunia: of acknowledged in' Bat the comm ii official report, have so clearly disclosed the reasons which prompted them to mal of eale with him, that we shall permit them to speak for themselves: — We find upon the reservation extensive improvements made by citizens, the cost of which cannot be leas than $30 000, dale back some twenty years. And we also are all owned and in posseasion of the port Many of the improvemeews were made by bi know and of the officer in command at the time. ‘Minnesota river, thats ferry for the socommodation of the fort, each river, has been indispensable. And we find Qiat Mr. Fteole was authorized to establish and anid ferries, which he did: and bas, for years, Hs = gf Fi i wo bad estimated it at, viz., $90,000, at which price he accepted it; and we closed a Contract for the same, a copy of w! we herewith transmit for your action thereon. 3s waky Te Eyoper hare to stata shad af Se time the cont of sale was made between the agents of the government and Franklin Steele, an srangrenent existed by which Dr. Archibald Graham, of ym Jobn C. Mather and Rihcard Schell and wife, of New in conjunction with contract was made with Steele shone aad the proof is conclusive that the rye of the government were ignorant at the of its execution, and for some time subsequent thereto, that any person was concerned or interested in this except Franklin Steele, the individual with whom the con- tract was made. We now approach the last question arising upon this evidence which requires our examination—that relating tothe value of this property and the price at which it was sold. ° a it sold by the commissioners for an adequate price? All those who have any recollection of the defa- matory publications which, during the last summer and fall, followed the contract. of sale, will remem- ber how pertinaciously the idea was sought to be impressed upon the public mind that property be- longing to vernment worth one million and a half of dollars had been recklesaly sacrificed for the sum of $90,000. It was in vain that a correct expo- sition of the true value of this property was sub- mitted to the public; in vain that a reference was made to all the previous land sales of the country, and the fact demonstrated that this reservation had sold for a higher price per acre than any parcel of public land had ever been sold by the government, except, alone, the Fort Dearborn reserve, lying with- in the corporate limits of the city of Chicago; no check could be given to the remorseless spirit of de- and the public mind continued to the repetition of the gross- est representations of the exi rated value of this property. At the open! of Con- gress a committee of investigation was asked, amongst other matters, to ascertain the real value of the property, and that committee promptly ac- corded. Inthe progress of the srreabgtsion thus ordered, thirty-four witnesses were examit touch- ing its value, of which number eight only Bave ex- rae t inion that it sold below its true value ; @ pro] judgment, was worth ; Grane tou have patton oor opinion that it wold beyond its fair value. t there should have been found some indivi- duals ready to place an extravagant estimate upon the Fort Snelling ty is not at all remarakable. It is well kuown that even in the old and well settled States, where roperty has acquired a fixed and stable value, a gat case ly arises before the courts, involvin; value of a piece of propert 4 and especially if the passions and feelings of a neigh- borhood have become at all excited in relation to it, that a most striking discrepancy of opinion may not be observed. How much more might this be ex- pected to be the case in a newly settled Territory, where the value belly nag noguaprifec aco pera mocalatine--ahee time not yet established any dard by which its real worth may be accurately adjus , and where, in this general condition of incertitude, the mind vibrates from one extreme to the other with every developement calculated to excite hope or despondency! Still more might the ES ae where the sul of q! a 80 situated as to lead to the mpression® upon "an ‘ine and imaginative minds, that it may, at some ture , be the site of a prosperous city. and city locations are capital prizes in the grand lottery of western land ition. The rapidity with which cities have ups by enchant- ment, in some favored upon the lakes or upper err the sudden and enormous wealth which individuals have acquired by their successful loca- tion, have had their usual effectto inflame the ima- gination and to direct all th: its to the same modes of profitable investment, Scarcely a locality can now be found on lake or river, or other water course, that its deluded proprietor does not fondly dream that it may, at some future day, prove the site of a flourishing city. It is not surprisi ye that some of the witnesses examined in this case, seeing the rapid wth of wee mney Paul, Mineapolis, and t. Anthony, and imagining that Fort Snelling pos- sesses equal or superior advantages for a city, have, in their evidence, expressed an extravagant opinion of its value. There are many facts comactel with Fort Snelling to favor such a delusion. Its situation at the junction of the Minnesota and Mississippi | rivers—the impression for many years fentertained that such would be its future destiny—its beautiful location, its picturesque and striking scenery, the government Buildings presenting to the eye a city in embryo, were well calculated to dazzle the inagina tion ‘and blind them to the irreversible ties around it. It will thas be seen, by an inspection of the ac- companying evidence, that whatever substantial di- versities are to be seen in the testimony of the wit- nesses bearing upon the value of the Property re- sults mainly the impression whic! y have comyectnnsis sponiees 06 ibility as a site for a city, and believing such to be its futare destiny, they’ think that element in its specelative value was not sufficiently considered by commissioners in the price asked and obtained for the Property. e UN being without the benefit of any personal know! of the locality in question, and not being gifted with the prophet's wand to remove the curtain which conceals the future, will not ven- ture to express a personal judgment as to what may be the futare destiny of this point at the confluence of the Minnesota and Mississippi rivers. Bat if, upon an occasion like the present, they are to be controlled in their opinions by the testimony laid before them, they have no difficulty in saying that both the weight of opinion and the weight of facts largely preponderate against the idea that the Fort Snelling reserve can ever be the site of a city. The witnesses who have expressed the opinion that the value of the reserve is enhanced by the ad- vantages of its position as a town site are Hon. Robert Smith, M. C. Smith, Adam D. Stuart, T. C. Hall, T. B. 8. Todd, Cyrus Aldrich, Captain George Thorn, Captain T. H. Simpson, and Matthew The witnesses who think that difficulties of an in- snperable character exist to its becoming the site of a city are the Hon. 8. A las, Hon. H. M. Rice, Hon. Charles E. Stnart, Hon George » Thomas, U.8.A.; Colonel Francis Lee, U.S.A; Hezekiah Collam, U.S.A. Wm. J. Callen, H. L. Dousman, J. W. Tynde, 5. A. Medary, A. M. Fridley, B. W. Brisbois, H. Oaks, Wm. H. Forbes, and Geo. Culver. The grounds for their ae set forth by these last named witnesses strike us as conclusive. The Fort Snelling reserve is sitaated about six miles north of St. Panl,a growing and flourishing city of 15,000 inhabitants, and about eight miles south of St. Anthony and Mineapolis,two manufacturing towns, each with a population at this time of from eight to ten thousand inhabitants. | Whatever may have been the ad of Fort Snelling as a site for acity, we concur with the Hon. Stephen A. Douglas, “that it is now too late to start a new town so near to those with a hope of fairly competing with them. The reservation is too near those other towne to become their rival, and too far off to be laid out as an addition to either of them.” Many of the other witnesses exhibit facts which, to a great extent, destroy the idea that fts natural postifon ever adapted it for a town. Hon. Henry M. Rice states: In the early daye of the settlement of that region the only boata whien ran upon the U'pper Mississippi were the smallest clase. When the Galena packets commenced running in connection with the railroad they were unable to get above St. Paul in low water, and that very fact lowered the value of the Fort Snelling property in the | public estimation more than anything else. Again he says: — Tn the summer of 18491 left there. I then bed my de pot immediately acrors the Minnesota river, and for two or three months of the summer of 1848 steamboats were png ty They could go & short distance above 33. , but they toukd ot get up to that point, T then an owner in some of the ta which ran up } - landed my freight three rf miles below 1 beught «a . Paul, and paid, I thin, two an acre for ity snd pul Ps houses there. i Let as now examine and compare the evidence — upon the question of the value of this pro- 4 Bastman, who made a sarvey of it, fixes the quantity in the reserve at 7,500 acres, of which 1,000 acres he states is water and irrec! 4 such as, under the swamp land act, would pass by donation from the government to the State, leavii bot 6,500 acres fit for cultivation or ase of an Kind, This, at $90,000, the price for which it was |, was equal to, or within a few cents of, $14 per acre. Hon. Robert Smith states that he would have given four times the price for which it waa sold. The honorable gentleman admita that he has rather a mania for land, and we think his friends, after read- ing the secomapanying evidence, will find reason to congratnlate him that he war prevented by circum- stances free em ye ty the “extent of his investing all linois property in upon sach terms. M. ©. Smith thinks it was worth $25 per acre for agricultural parpeses; but, considering ite advan- . days since. We 1 had to eend down flat boata at a heavy ex- | a8 a town cite, he estimates ite value at | Aldrich thinks it wae worth $20 an acre for cultural purposes; but, considering its advan- tages as a town site, he estimates its value at from forty to fifty dollars an acre. Capt. George Thorn says the try could have been sold so as to have brought $150, Fape more, leary B. Hancock estimates its value at 00, Capt. James H. Simpson thinks that portions of it would have sold at $200 an acre, and none of it lesa than $20 an acre. J. C, Hall supposes, on an average, the land worth $15 or $20 an acre, ‘These are all the witnesses who testify to a valne exceeding that for which it was sold by the commis- joners. Hezekiah 8. Cullom supposes it was worth some- thing more than $11 per acre. J. G. McVeigh—From my knowledge of the land J think it sold for full as much as it was worth. I do not think it will bring that now. Madison Sweetzer—I do not think it was worth more than $90,000; the question, has been frequently asked, and T have always said T never would give $90,000 for it; 1 would not give that to-day; if I the money | would not purchase it for $60,000. Alexander C. Jones—Tuke the whole tract toge- ther I would not think it worth more than $6 or $7 an acre, Andrew Ellyson—The land sold for more than I would pay for it. G. B. Clitherall fixes the value of the tract, after a careful estimate of its different soils and capabilities, at $55,000, Thomas Mercure—I think the price paid for it its full value; if 1 had been the purchaser J would not have paid that much for it. Francis T. Rosser—I would not like to give, even for purposes of speculation, more than $7 or #8 an acre. Hon. George L. Becker—I should think it would hardly be considered worth more than $8, $10 or $12 an acre. Capt. J. A. Whithall—I do not consider the land worth the price given for it; I said at the time it ll the best sale of government land I had ever of. W.T. Cullen—I expressed my opinion to Mr. Steele at the time the sale was made that I thought it sold for all it was worth, and that he would never get his ape back, and I have not changed that opinion in least. Col. Francis Lee, U. 8. A.—I think they paid a vitals for it. H. L. Dousman—I thought they got a fair price; I told Steele at the time that he gave about what it was worth, J. W. Lynde thought it was worth from $8 to $10 an acre. §. A. Medary thinks the average value from $8 to $14 an acre. A.M. Fridley—Worth now about $5 per acre; at the time of sale about $10 per acre. B. W. Brisbois estimates it from $10 to $12 per acre. Charles H. Oakes—I think $90,000 was more than the land was worth, and I s0 stated at time of sale. Wm. H. Forbes estimated value at between $12 and $15 per acre at time of sale. J.E. ‘her—I considered the land worth $12 50 per acre. George Culver—Ten dollars per acre would be a fair price for the whole property. Hon. H. M. Rice supposes, as a whole, it was worth $3 or $4 per acre. Hon. 8. A. Douglas—I would not estimate the land at more than $10 per acre. Hon. Charles E. Stuart thinks the commissioners | acted waely selling the entire tract at $90,000. Wm. K. jue. Major Eastman—Since the sale I have thought we got too much for it. I have made many inquiries, and have come to that conclusion from the inquiries as to the “pia of land in that country. Upon this evidence the undersigned, as impartial judges of the fact, ch no other conclusion than that this property sold at its fall and fair value, and that this is one of the rare instances in our his- tory where the Tgp ern in parting with any por- tion of the public domain, has realized a price ap- proximating the true value of the Property. The bye conclude their report by submit- ting the foll resolutions recommended by the majority of the committee :— enuuatom bedinnnes sale of the bop reserva- of War, under the firectiom of the Present of the Uaited ‘States, in strict conformity to law, and the evidence re- d by the select oommitzee having failed to exhibit tending, in the test , peach the fairnees of the sale or the in! of the officers or agents of the the same, or to exbibl! any or circumstance which should make the ea!d sale & proper subject for the opinion — and action of this House, it is ordered that the committee be di from the further consideration of the sub- ject, and the report of the said committee be laid the table. CHAS JAS. FAULKNER. H. ©. BURNETT. The New York Cy ee [From the Richmond Foquirer, May 8.) SCHEME FOR A GRAND FINANCIAL URNTRE AT NEW YORK. We did not misapprehend the proposal of the New York Hanaup. to which we referred some Ve understood then, as now, that it was proposed to associate the fifty-odd banks of New York city and to furnish them with common branch offices throughout the Union, at each of which the | notes of all shall be redeemable. opinion that this We are still of ofthe commercial interests of the country; that if successfully attempted, it would ily be met with contravening legislation, The fifty odd banks must first manufacture a moral capital of entire ma- tual confidence, Without this they can never estab- lish common offices of redemyition, and we are very much in the dark if all these banks maintain a character aoe, stock operation. If this difficulty were overcome, the plan, in order to be successful, must concentrate in the hands of the New York banks an amount of specie sufficient to furnish a basis for the entire paren Rg — the Legere c Could bev effected, even present relative proportion specie to circulation could be preserved? But the foe on could not be preserved. A banking es- lishment with but one centre of issue and nume- pe of redem; would necessarily be ob to restrict its ive amount of circulation much more ly than if it had but one point of redemption. It would be impossible for the New York banks, then, to amass a sufficient basis of to supply the requisite amount of cireulation. e would inquire by what machinery an ex tended circulation would be effected. Certainly the discounting tions effected at New York would not of themselves be sufficient to supply the whole country with an adequate circulation. And circulation is not the only object to be con- sidered. The ‘ion of banking is the machinery of the credit 4; How could the people through- out the country obtain discounts? Large dealers could indeed make arrangements for discounts at New York; but even this would be attended with constant, frequently with dangerous inconvenience, and smaller discounts could not be effected at all for the benefit of people remote from the financial | centre. To render the system at all adequate to the require- | ments, either of credit or of circulation, the branches must be enabled to issue as well as to redeem. Would it be possible to preserve intact such a complicated | system? Fifty odd banks, issuing separately at the | nancial centre and jointly everywhere else, would | Popo a contrivance as unmanageable as it would pe novel. The equipoise could not be . The pressure woul hay J at different points and at | different times, Should a pressure on one of the branches, it would indeed be supported by the combined sti of the centre benks, but it would also be obi to meet their combined liabilities. If the pressure should be most severely felt at the centre, as it most frequently would, there would be no united force to meet the shock, which might fall altogether on a single one of the fifty odd centre banks. Tt would be impossible to equalize the circulation of the different banks. A system liable to such fluctuations, such int and such a possible concentration of all its liabilities on one, visions, could not safeguard, the first and hig! sks and a cone of the it necessity of fenking operations—the general and unshaken confidence of | the whole community. But supposing that these evils could be obviated, the effect would be to concentrate the money power | of the whole country in one central point and under | the control of central directors, The accommodation extended would be designedly partial and discrimi. | nating. The whole country would become provin- cialized. Financial operations everywhere would be bronght to bear on commercial transactions to effect more absolute commercial centralization at New | York. This commercial centralization has already ay p to render us ail tributary to New York. is tribute would become grievously burdensome by the operation of the financial cen- tralization and the commercial centralization acting | and reaeting, until all the ene of the Union, in- stead of being employed in diverse channels, dis tributing and equalizing the benefits of trade and in- , would made to spares to one point, there to deposit in one mass fo iden sands which should be scattered throughout the length and breadth of the land. The Fimra.p seems to regard such & consummation ,and even unavoidable. But to prove , and per- | eiskell thinks it sold beyond its true | ing resolution as @ substitute for the | | Which were posted up plan is impracticable; that if it » were practicable it would be injurious to the welfare | reliable'to induce such a joint | panie induce a maximum | malities, | haps the weakest, of its subdi- | Pon 2 as beneficial this, it mnst first be demonstrated that New York ere the only point which natare has marked thie vast territory for the site of a centre of | trade. We entertain eA entirely different opinioy. | We have much more highly favored by na ture, and otbers still equally capable of artificial de- | NEW YORK HERALD, TUESDAY, MAY ll, 1858—TRIPLE SHEET. velopement. To develope these natural advantages and to create artificial lines of internal trade, should be the effort of every State which now pays tribute to New York. We can build up our own centres of trade, and from our own we can realize greater profits, unaccompanied by the losses which attend oy besrrcng Jeovinaial relations. A oy ron poly which wo: be directed againat system commercial independence, would be the greatest evil which could befal us, And the HgraLp may reat gamaved thar be lative restriction will pe adopted, whenever it shal rendered necessary by @ finan- cial coalition. That we may be preserved such an improbable necessity, is still our constant prayer. Marine Court. Before Hon. Judge Thompson. ACTION AGAINST A RAILWAY COMPANY FOR THE VALUE OF LOST BAGGAGE. May 10.— Levinus J. Lansing vs. The Hudson River Railroad Company.—On the lst of September, 1853, the plaintiff, together with his wife and nephew, took passage on the defendants’ road, at Troy, for New York. After purchasing his tickets he delivered two trunks to the proper agent, re- ceiving at the same time a corresponding number of cheeks. Just before the train reached the city, a man by the name of J.S. Caulkins, in passing through the car, asked the plaintiff if he had any bagi he wished to be delivered iu New York or roti . The plaintiff desired to know from Caul. Was authoriged by the company to take passengers’ baggage. He’ replied that he was, at the same time handing the plaintiff a print- ed circular, as evidence of such authority. The plaintiff then gave Caulkins the two checks and directed him to take the baggage to his residence in Brooklyn, receiving from him at the same time a card, upon the back of which Caulklins wrote the figures 4,196 and 3,680, the numbers of the respective checks. One of the trunks, with its contents, o the value of $53, has never yet been delivered to the plaintiff. It is to recover that amount that this e was brought. It was admitted that on the day of September, 1853, Caulkins bad the ex- clusive ‘privilege of entering the defendants’ cars and soliciting checks for baggage, and that it was his duty to deliver the same according to the di- rections of the passenger. Judge Thompson said there are two or three im- tant questions involved in this case, affecting the interests of the entire travelling public. It does not appear from the testimony whether the trunk was lost by the defendant or by Cauikins. Upon the Pl Spree however, it was assumed by counsel tor parties that it was lost by Caulkins. It is taken for granted, therefore, that such was the fact. It may be questionable whether the contract be- tween the President of the company and Caulkins, so far, at least, as it relates to the delivery of the passenger's baggage, is not absolutely void, on the ay that such companies have no power by sta- ite to enter into such arrangements. (1 R.S,, 1,220.) It is not necessary, however, to discuss that juestion, since the defendants do not resist the claim upon that ground. They maintain that the contract was made by the plaintiff with Caulkins as rincipal, and not as a servant of the defendants. agreement between the President of the com- pany, and Caulkins is an arrangement by which the tter promises the defendants that he will deliver the baggage of passengers at their residence for cer- tain prices therein agreed upon. By the terms of that contract Caulkins became de facto the agent or servant of the defendants for the purposes therein ified. The P sapere? claims, and properly, too, t in making the contract to deliver his baggage from New York to Brooklyn, he had a right to, and did re; Caulkins as @ mere agent or servant— the defendants as principals in thetransaction. The defendants are liable for the loss of the trunk, and judgment must be rendered for the plaintiff for fifty- three dollars and costs. Before Hon. Judge McCarthy. SUIT FOR THEATRICAL SERVICES—CONSTRUCTION OF THEATRICAL AGREEMENTS. Henry B. Phillips vs. William Stuart.—This action was brought to recover a balance of $175 due plaintiff and his wife, who bad been engaged, the plaintiff as prompter and actor, and his wife as actress, at Wallack’s theatre; the engagement was made with Mr. Wallack in the year 1852, and re- newed from time to time until the it season, at the rate of $35 per week. The plaintiff was called as @ witness, and testified to the agreement and the assumption of the same by the defendant when he became proprietor of the theatre. On cross-exami- nation he testified that in February last he was dis. charged because he would not appear in and enact | the character of Achmet in the piece entitled, “Jeasie Brown” by Dion Bourcicault. He wrote a letter to the defendapt, giving his reasons for re- fusing to take the 3 defendant wrote back and referred him to Mr. Lester, the who had the sole control of that and like matters appertaining tothe theatre; upon calling on Mr. Lester, he was informed that he (plaintiff) was cast for the part and must perform it or leave; where- ae he left. It ap from the evidence t, according to rules of the theatre, in the green room, “that any actor refusing to appear in any part cast for him, the manager was at liberty to either dis- charge him or deduct a week's salary.” On the plaintiff's resting his case, the defendant's counsel for a nonsuit, on the grounds—1st, that laintiff, without sufficient cause, refused to appear a part cast for him, and therefore the defendant | had a right to discharge him according to the rules; 2d, that the Us page having made an agreement to — for $35 per week during the season, and he wing left before the season ended, he was not en titled to recover for what he had done. Thereupon that = (which he considered beneath him) bj Dion reicault, who had some il! feeling towards him, for the purpose of mortifying him, &c, After argument, the court decided in favor of the defend- ant, on both grounds raised, and entered a judgment of nonsuit. The suit created quite a sensation amongst the members of the theatrical profession, several of the most prominent being present as witnesses or spec tators. STOCK JOBBING OPERATIONS IN WALL STREET. Smalley, Weed and Co., vs. Daniel Berlin. Action brought to recover $350 on account of some stock operations in Wall street. It appeared from the testimony that the parties had dealings together, and on the Sth July last an accounting was had, when $79 was due the defendant and paid by the plaintiffs. On the 10th a of Jul, defendant sold some fifty shares of Erie, to be delivered on the 24th. The party to whom he sold insisted ona broker assuming the contract. The defendant met Mr Bartlett, one of the plaintiffs, and asked him to assume it, which he did, and the usual broker's or stock contracts were exchanged. When the time for delivery came the defendant was short of the stock, and Mr. Bartlett, to save bis seat at the Board of Brokers, delivered the fifty shares. He met the defendant a day or two after, and notified him that unless he made good the contract he wonld buy fift Se hia crc ed on ba july he <0 . suit is it to recover the difference, which was some $350. The defendant set up asa defenoe the statute — selling stocks on time, claiming the whole thing to be illegal and void, as he had no stock ander his control at the time of the transactions. The de- | fence was sustained, and judgment rendered for de- fendant. Supreme Court—Circult. Before Hon. Judge Clerke. NOTE TRANSACTIONS. Aratt 10.— The Island City Bank w+. James Sax- ton and Philip Smith.—This cause waa tried vefore the Court without a jary. It was brought on a pro- missory note for #420, made by defendant Sexton and endorsed by defendant Smith to one Broderick, and by him endorsed to the Island City Bank. The de- fence was that it ie in renewal of a note for $412, which was and endorsed by the same maker and endorser, and that the old note had not been returned, so that the unlucky maker and en- dorser by the mere process of renewal found out- standing against them two obligations. In the course of the trial the books of the institution, which in the meantime had failed and gone into a re ceiver’s hands, were bron; facts of the defence were fully proven. The Court decidedfor defendants, with coats. Gertixa Ovr oF a Duwt.—Morris 5 Suess State officer of Texas, according to his card it lish- ed in the Austin papers last month, armed himself Saitor ot" the Austin nfeltigences in he street the of in in_the street, latter beirig at the time unarmed. Paschal sent a challenge. declined to fight a duel, because it would deprive him of his office according to the constitution, bat invited Paschal to meet him at the Post Office, during business hours, armed with a navy revolver. Paschal refused, on the ground that @ rencontre at such a place, at the hour named, might place in ly the lives, not only of dis inte men, but also of women and chiliren. He a ee meet Mr. in on a rack, at sum mt on rh 4 teh in. Mr. thought that would look a tele like a deel, and, therefore, he concluded to back out. Scrorme or A Lawregr.—Jackson 1D. Whitney committed suicide at Oshkosh, Wis., on the Ist inst., by drowning. He Ly 3 LE / ot | Sp 4 5 Was once & puy Donglas, a field TL: afterwards entered the office of ex Senator Walker, of Milwaukie, as a law student, and even- tally succeeded to a ip with that gentle man. Lately he had fi into intemperate , manager’ | areas favorable in the one case as in t into court, and the | Our Washington Correspondence. Wasnineton, May 9, 1858. The Day of Adjournment—The Work Before Con- gress—The Work Before the Committees— The Clayton Bulwer and Yrisarri Treaties, §c. 1 find an opinion prevailing pretty generally among members of Congresa that the business of the session cannot be finished by the 7th of June, the day fixed by joint resolution for adjournment. There are but twenty-four more days to work, even should Congress sit every day except Sundays, and should there be no other interruption to the regular business, by death or other causes. Besides the regular and necessary legislation required to keep the wheels of government going, there is a very heavy list of private claims, long standing back, which ought to be considered. In view of the short session next winter, and of the length of time before the next Congress can meet, organize and get to work, it would seem that the interests of the coun- try and of justice to individual citizens require more time than that prescribed by the joint resolution. The House meets at eleven o'clock every day, and some of the committees are about to meet in ¢he evening. The committee on the contested election case in Maryland, about which most voluminous evi- dence has been taken, and of which Mr. Boyce, of South Carolina, is the chairman, will meet to-mor- row evening at seven o'clock. This notorious case, exhib ting so much partisan violence and disgraceful rowdyism, is full of interesting instruc- tion to the public, and will be reported upon un- doubtedly by the committee in a manner to arouse the wigluate of respectable citizens in future elections. The Committee on Post Offices and Post Roads of the House expect to be able to pre; @ report on Tuesday next, when they meet, on the question of ocean steam mail service. I understand their report will favor the views of the Postmaster General, as expressed in his letter to them of the 1st of May. The committee is di to favor a more extended system of ocean mail service by American steam- skips; but looking at the condition of the treasury, the enormous expenditure of the government at pre- sent, the heavy burden of the Post Office department upon the treasury, and at the difficulty of deciding upon so many claims and pervecte of steamship lines, without, appearing to be partial, they will, probably, adopt the views of the Postmaster General, and defer ca ia of new routes or schemes ti) session. Mr. Clingman’s Clayton-Bulwer treaty resolution in the House will probably die with that member's departure from the arena of his former labors. There was but little chance of its passage, even under his personal management. He will have less chance of succeeding with it in the Senate, where he now has a seat, should he bring it up there. Senators are more conservative , and consider such subjects with more mature deliberation. Not that there is not a maajonsty, in both houses who deem the Clayton- Bulwer treaty a blunder, and one that ought not to have been made; but, looking to the course of the administration with regard to the States of Central America, which is virtually abolishing that treaty as far as we are concerned, while the text remains as a check to Great Britain, it is considered questionable policy to disturb that treaty at present, unless a more liberal arrangement can be made, more agree- able to our growing power and interests on this con- tinent. We do not colonize in the way in which England does. It is not agreeable to our system of government and institutions to have distant sions under sovereign jurisdiction, Great Britain has colonies ip every of the world under her sovereignty, and it is her policy to increase these. Especially has she been desirous of extending them on this continent, either to hold in check the United States, or to keep up with us—her only great com- mercial rival—in progressive developement. Colonization trom the United States is an indi- vidual matter, as in the case of Texas,and not under the authority of government. The result, in theend, in Texas, was the same a8 British colonization, in adding to the population, wealth and of the nation, and w! the same with other parts of this continent. We could say then, without sacrifice to our interests, while perhaps it was unwise to enter into any such bonds, that we would not colonize— that is, in the manner of Great Britain, under the exer- cise of territorial sovereignty—any dear of Central America. By the terms of the Yrisarri treaty we may colonize after our manner, without violating the Claytob-Bulwer treaty, but not after the manner of Great Britain; and the end will most likely: be the same—the return, in a few years, of our enterprising wanderers to the family of States, to which by affec- tion, interest and national pride they belong. Lord Napier thinks we have copied closely in the Yrisarri treaty the treaty Great Britain made with Honduras, and that the opportunities he aay se ther. This is not entirely so in the letter of the tention, even; but if it were, the consolation his lordship draws from that might be lessened if he were to consider the different circumstances of the two countries re- latively to Central America. From geographical position, from the character of our citizens, and from commercial and transit intercourse, as well as from a sense of international interest and obligation, we must advance inmaorconlly herent the power and wishes of Great Britain advance. However, I will not contend with his lordship, as he acknow- ledges our superior interest in that of the world, and that we have a right to consider ourselves the first power in affairs on this continent. I only wish to foreshadow the future, as a warning to present diplomatic managers. Wasmixeron, May 10, 1958. next | the plaintiff offered to show that he was cast for | The Jntrigues of England in Venezuela—The Eng- lish Bondholders—Attempts to get Possesston of Gvayama—The Way the American Minister was Circwmvented, §c. While we are negotiating with England relative to Central America, the abrogation of the Clayton- Bulwer treaty, &c., she is diligently at work extend. ing her dominions and using every means in her power to acquire new territory. It will be recollected that Juan Guiseppie, son.in- law of Gen. Monagas, late President of Venezuela, was sent to England as commissioner to negotiate a treaty with the English bondholders relative to the payment of the interest on that portion of the Co- lombian bonds for which Venezuela became respon- sible. The interest on these bonds had remained unpaid daring the Monagas administration, and the bondholders were becoming anxious to re- ceive at least the interest which had accrued, trast- ing to the English government to assume the re- sponsibility of collecting at some future day the principal. A satisfactory arrangement was entered into between Mr. Guisippie and the English bond holders, by which the debt was to be consolidated and a certain amount paid annually from the reve- nue of the country. Mr Mocotta was ap- pointed by the bondholders to proceed to Caracas as their agent, to ratify the con vention after it should have been ratified by the Venzuelan Congress. Mr. Mocotta’s son accom- panied him, for the purpose of watching the reve- nues of the country. He wasto be placed at the head of the Custom Hoase in saga and was to receive one third of the revenues collected at La- guayra, Puerto Cabello and Maracaibo, until the claims of the bondholders were satisfied. Mr. Gui- je returned to Caracas in the packet of March, 1857, and the tt made by him was entirely ignored by the Minister of Foreign Affairs, who re- fused to send it to the Con; of Venezuela. At this « of the proceedings Mr. Mocotta departed for England, leaving his son at Puerto Cabello ina mercantile house. Young Mocotta has acted as the confidential agent of the English bondholders since the departure of his father. The bondholders have for several yenrs past pressed their claims before the English government, but up to last November they had entirely ignored the a of the bondholders to claim protection from the English government in a rivate business transaction negotiated between the Bondholders and the republic of Colombia. Lord Clarendon informed the bondholders on seve- ral occasions that it was impossible for him to take the responsibility of making an_ in. ternational question ont of the held _— the government of Venezuela. Although tire government could not make an international claim, yet he was willing to instruct the Hon. Mr. Bin, re a eae mse kA msrp to use his offices in procuring a arrangement. Young Mocotta in the meantime we diligently at work. He was instructed to use every, means in his — to impress upon the le of Venezuela the importance of a settlement of this claim. He at pp hg A with all the prominent men of republic. was de; iting arms and ammunition atuwk wae eset vere placed in charge of the Governor, who was ready and wil- ling at any hour to use all the means in his power to break down the Monagas administration. At the same time incendiary publications in the ish jag distribnted in every Province of Vene- nm warning the inhabitants that the bondholders had to take ‘ion of the country by conquest unless a satisfac tory once made by the goverment relative to ment of their claims. In last the American Minister re- turned yee post at Caracas, flushed with an his course by Gen. Casa, Shelton Aves claim, and opened a new corres- with Monagas’s Minister of Foreign Af. |. His instructions relative to the settlement of the claim, jonagas's government 5 being somewhat disappointed that the of United Staten t had returned him again Caracas, consulted with the English Minister rela- tive to their fate eourse of action. Mr. Bingham advised them t sp@g a special mission upon Mr. Eames, for no other purpose than to gain time. Don Mariano de Breceno was immediately commiasioned, and Mr. Eames informed of the fact’ that Venezuela Would: stabs, jo negntisie relative to the island at Washington. While this card was being layed, Mr. Bingham called upon Monagas at his ome, and said, “We have disposed of the American Minister for the it. Giveus Goayama, (the best cotton oy rin the wens ) and we will save from pay ves claim.” ‘About this time Lord Clarendon had given to Mr. Harrison, the British Consul at ibe, leave of absence. Harrison being a good fellow, and being an especial favorite with Mor and his cabi- net, was selected to the proponghot the Monagas ernment to Lord don. despate! ing of go much importance to the government of England e being authorized to take Layers of paras. and pay the English bondholders’ debt), the Hon. Richard Bingham requested the detention of the packet for twenty-four hoars, in order that he might give Mr. Harrison the benefit of an interview with General Monagas and his Cabinet. It was agreed upon that not over an hour's notice should be given to the American Minister of the appoint- ment of the special mission, and that Mr. 10 should sail in the same packet forthe United States, via St. Thomas and Havana. The American Minis- ter was informed of the game being played by the English Legation relative to Don Manani de Bre- ceno, and his departure was accordingly delayed until the packet of the following month. There is a great hue and cry at present relative to to the abrogation of the Clayton-Bulwer treaty. Eng- land is now willing to negotiate with ua. rd Na- pier is willing to negotiate and gain time. It is easy to be seen how far he has been successful. While we have accepted the special mission, and time has been seinen by both Venezuela and Eng- land, she has placed her negotiator upon Venezuelan soil. Her special mission ia at Caracas, ready and willing to accept the p: of Venezuela to cede to the ay government the whole territory of Guayama, in ag paying the English bondholders’ claim. Su! she will accomplish her purpose. She now comes to the new government of Vene- zuela and offers to relieve her of this debt. She will make a fair exchange and take Guayama, and at the same time she requests a seat in the cabiaet of Ve- nezuela, and will name a person whom she consi- ders eae to conduct the foreign affairs of that republic. ice it to say that Wasninaton, May 10, 1858. The Recent Fiasco in Fashionable Life—Troubles of Senor Briceho, the Special Venezuelan Minister— The Cass-Yrisarri Treaty—The Cass-Herran Treaty— Our Minister to Spanish America, §c. The fashionable circles and the diplomatic corps have been in quite a fever of excitement here in con- sequence of the exposé of a recent affair between a wealthy banker and a member of one of the Earo- pean legations. The facts have been reported to you with general correctness, but I am informed from good sources that the published statement pre- sents the young lady ina more unfavorable light than she deserves. Her motive for desiring the interview with the young gentleman which led to his ejection from the premises, was to prevent a duel with her father which she had reason to suppose had been arranged. T learn that this is not the only trouble that has agitated the diplomatic circle here lately, although the other event was of a very different character. It seems that Senor Briceno, who came here some time since from Venezuela to negotiate for delay in the settlement of the Aves Island claim, not only ad- dressed the State Department on that subject in his official capacity, but undertook to appeal to the public by publishing a pamphlet on the question. Gen. Cass bi a ag res this as an un- diplomatic an udent pi ing, and sent to Senor Briceno a at once, This decided course on the part of the Sec: of State set the Venezuela legation in quite a fintter, and some of the other Spanish-American were called in to endeavor to arrange the affair. Gen, Cass at last consented to withdraw the letter of dismissal, and permit Sener Briceno to present his letter of recall which he had received from the new government of Venezuela. He is now waiting the departure of a vessel for that republic, which sails in a few days, when he will return to cas, ‘The Cass-Yrisarri treaty has not yet been received from Ni Senor Yrisarri received an official notification from the government of Nicara- gua that it has been ratified, and he expects to re- ceive the treaty itself by the next steamer, The statements about his holding it back, about the cer- tainty of its rejection by the Senate, and others of like character, are all pure fabrications, intended to prejudge and prejudice the case. There is no sign ent it from the other central American ites. General Herran has received favorable advices from ta in regard to his recent treaty with General for the settlement of American claims inst New Granada, Growing out of the Panama riot and other things. sident Ospina has made its ratification a test question in the Granadian Con- gress, and the Senate had not only reconsidered its rejection, but has the act for its fulfilment through its first reading, with but two slight verbal alterations, to save the consciences of some who had previously op it. It is expected that the treaty will be back here in time for ratification before Con- gress adjourns, The light which the Herat has recently thrown upon the question of Mexico has brought out any number of self sacrificing patriots who are willing to save that distracted country. Thanks to the Hena.p they have all got now chart aad com: to navigate the Mexican ship of gate safely into w haven of peace; but patriotic individuals make one great mimake. They are all evidently impressed with the idea that she is a lict ship, afloat upon the sea of anarchy, and that the question is to get on board of her and bring ber in—any cockle boat will suffice for that . Now the very reverse of this is the real case with Mexico. Instead of hav- ing no one on board to navigate her, she has too many who wish to undertake that labor. Besides two regular commanders—Jaarez, we PP has any number of captains, each of which has a full crew of his own, so that she is by no means dere- lict. Most of these patriots will have to change their notions about this before they One of the prospective difficalties that are showing themselves in the path of the administration is the difficulty of fill the missions to the Spanish- American republics. Notwithstanding the im tance of the questions and interests involved, missions are very much in the position of the young lady, who, because she was Fe and poor, ex- claimed in ir at the neglect of the gallants: “Those 1 have won't have me, and those that would have me the d—i wouldn't have.” The fact is these Spanish-American missions have killed every public man who has gone into them; none have either with honor or it for many years. e need not go further back the mt and late incumbents to prove this. In jexico, Mr. Forsyth, though a man of undoubted pages ed oe abilities inherited from a i father, has completely failed in* the objects of his mission; G Gadsden, his a gg La In a amar a , and an- nounces his intention rd fy His predecessor, Mr. Wheeler, has already sunk out of public view. Mr. Morse, late commissioner at Bo gota, found that even a Louisiana schoo! of many ears would not enable him to the raw jranadian diplomatists; and. Seles Bowlin, the recent Minister there, is already forgotten. Mr. Fames, at Venezuela, is coming home in die ace, not having been able to accomplish anything +ven with the assistance of Mr. Sandford, who ha -ome diplomatic schooling as Secretary at Varies. r. Clay, in Pera, has only obtained a rap over the knuckles ina Senate committee report, after many years holding. 2 : ‘So it has been for years, and a Spanish-American mission has now began to be looked upon by our public men as a coffin, out of which they can only come to take their place in line with snch political mummies as Solon Borland, Gadsden, Wheeler, Bowlin, Morse, e¢ omnes. Yet there is no want of aspirants to the honor of diplomatic mummydom, though they mostly come ander the head of tit) second class cited by the young lady above quoted. as mn playing off a wic! fee! on the New Vork Tribune. The scamp writes as if he was ac yaad tale Se ee Se ae SS Tribune f he reads their ‘religious intelligence’ to his oe lee instead of preaching, and that it more Ha thas by flat- of the editors, hon Pa —————— coment ms Caantesrox.—At the inaaguration Ate Washington ‘Monument in Charleston, 8. C., i ray Sod ek ne pro 7 way, aaa wil tr Avon of the Rev. Dr. Tenrifoy dangerously injured.