The New York Herald Newspaper, December 15, 1858, Page 1

THE NEW YORK HERAL VYHOLE NO. 8138. —— onopoly of the Panama route, the advantaged of which to California are incalculable, As American citffens they stand upon the stipulations of a duly signed and folemly ratified charter, which says that “in cases of dispute between the company and the government, all maiters of controversy shall be submitted to arbitration, and the mode of appointing the arbitrators is eminently favorable to Nicaragua, inasmuch as the third arbitrator must be appointeded ‘by a foreign minis; ter resident at Washington.” It is to point out how wise and prudent this arbitration clause becomes in all dealings with the semi-civilized governments of Cen- tral America. What sane man would embark his means in an enterprise which might be defeated by the caprice of despotic rulers in countries where law is an untolligi- bie farce? ‘he federal government wisely protects the company in ite rights, until by the decree of arbitrators they shall bo declared to be forfeited. Whether or no the President of Nicaragua has declared ite rights to be forfeited, we do not know; nor is it material to the issue. He on his side may gay #0; the company on its side denies that they have in any respect contravened the stipulations of their char- ter. ‘The vexed question is for neither one nor the other to decide arbitrarily. The company demanded formally an ee THE NICARAGUA ROUTE, from Captain Randull—The Amertean ntte and Pacific Ship Canal. Cempany— Grant from the State of er from a Californian—&{he Amended wr of the Company. TO THE EDITOR OF THE HERALD. letter of Captain Cavendey, published in your paper 14th inst., m exculpation of kis condact in deserting mehip Hermann, at Panama, would be permitted unnoticed by me, were it mot that some gross er- are contained in it, and silence on my part might be trved into admission of the truth of his assertions, steadily refrained from indulging in any newspaper oversy, andbaye permitted the many attacks that ‘been made on me to pass uncontradicted, but as it case 1am accused of sending the Hermann to sea a large number of passengers, unprovided with pro- provirions and stores for the voyage, I feel called apon Additional from the Coast of Africa, OUR NAVAL OORRESPONDENCE. ‘Unrrep States Simp Vi Sr. Vom ‘West Coast ov Arnica, Oct. 1, 1868. Movements of the United States Ship Vincennes—Her Arri- wal at the West Coast of Africa—T'he Yacht Wanderer— Letters from Correspondenis— Vessels Captured by English Cruisers, de. Again upon the southern coast of Africa, I indite a few lines of our whereabouts and whatabouts up to this time, with the supposition that it may find a place in the columas of your paper, We sailed from Porto Praya September 2, and, with fa- vVorable winds, dashed on our course, a8 one would natu- rally suppoee, towards warmer weather; yet, instead of finding it #0, daily it grew colder, and at the line overcoats and thick under clothes were acceptable and necessary, the thermometer ranging down to 70 degrees, quite a change from about 88 or 90 degrees at Porto Praya. From what I can gather, there is not a man on board this vessel MORNING EDITION—-WEDNESDAY, DECEMBER 1 who ever crossed the line under such circumstances, The steady southwest winds held from 11 degrees north, and arbitration on their points of difference with the Nicara- guan government, and they make heavy claims against that goverpment, which must eventually come be- ove the fairity of the charge, and show that I havo yghout the whole transaction pursued a pradent and F course. fore the Boeral government to be enforced, if | #fter a passage of twenty-three days carried us into St. di c | Ni ua oul persist in refusing to come | Paul de Loando. Hermann oclled from Hew York on the 345 dey ot.) TIME Goat by “arbitration; and. {fi abou The morning after we crossed the line we made a sail, and standing for her hove her to with a gun. Upon board- ing her she proved a prize to the United States ship Mari- on, a ketch, named the Brothers, of Charleston, 8. C. She ‘was taken off Mayamba point, and, I believe, moat of the evidence of a slaver were found on board, It is to bo , bound for San Francisco, via Rio Janeiro, Valpa- apd San Juan del Sur, with instructions.that in case eesity arising, to change the port at which she was op, further orders would be transmitted to Valparaiso. ship had on board when she sailed from this pt, it twelve hundred tons of coal and provisions, cos..ng he aggregate over twenty thousand dollars, as the bilis be enforced in the way which the obvious tren of the federal government demands, the much talked of claim of the British subjects, Manning and Glenton, will sbrink into insignificance With the pecuniary question .this pnblic has, however, but little concern; but it bas an interest in interposing its moral weight to give countenance to the company which office will ve. She was - | Stands upon a contract stipulation as opposed to the mere od to Charice Coleman & Co Of Rod arbitrary act of President Martinez, who would despoil | MoP¢d that we may be fortunate enough to find a prize ‘and. on her arrival at that port. p-r- | this American company of ite rights without trial, inthe | also. Aesuredly, if we are instructed as to our boaring to- form mutually prescribed ip a solemn contract. I repeat, ‘the company having a contract duly signed and ratified, cannot be allowed to be dispossessed of that contract, either because a Frenchman offers to do better for Nica- Tagua, nor indeed if American citizens will accept of less favorable conditions from Nicaragua. It may be, and doubtices is, opposed to all the ideas of @ military chieftain, in a Central American oligarchy, to find himself compelled to conform to a distastefal contract—leaving all other possible or probable motives out of the question at present; but what I intend to insist upon is that the compony, having an arbitration clause in ite contract, must be sustained in its unequal contert with unscrupulous foreigners by the warm sympa- thy of all good citizens, a8 they would’ themselves invoke that sympathy when oppressed by arbitrary power. It is the duty of the press to demand that no arbitrary ‘act should be allowed to invalidate the company’s char- ter, but should insist on the arbitration being enforced, if the company and the government cannot agree between themselves. But nosubmission to tyranny nor to des- ic acts, in deflance of law, will or ought to be tolerated y the American people. CALIFORNIA, ‘The State of Nicaragua originally granted to the com- pany the exclusive right and privilege of constructing a ship canal across its territory by a single route, and at its own expense, from the port of St. Jobn, Nicaragua, or any more feasible point on ‘the Atlantic, to the port of Realejo, Gulf of Amapola or Fonseca, Tamarinda, or avy other point on the Pacific ocean which the company might de- cide upon. The rights and privileges granted to the com- pany were to be enjoyed for a term of eighty-five years, counted fram the day on which the canal sbould be com- pleted and put in nse—the ‘company agreeing to pay for the grant the following sums:—Ten thousand dollars, by draft on the company in New York, as soon as the con tract was ratified by the Legislature of the State; ten thousand dollars at the expiration of a year from same date, and ten thousand each year after until the comple- tion of the canal—the company also making a free dona- tion of two hundred thousand dollars of stock in the canal. Tn case the company should require any materials, such as wood, lime and stone, which might be found on the lands of particular individuals, it was obligated to pay for the same at uch prices as might be agreed upon between wards English cruisers, based upon the letter of Secretary Cass, we will stop the wholesale stealing of the English; and if the American trader be a legitimate one, Ke need not suffer detention or be frightened into letting bis flag and papers swim.” Upon the broad ground that the Amo- rican flag covers and protects from boarding, search, or even visitation, by any but an American vessel of war, our legitimate trade upon this coast must and will once more flourish. Yearly it has diminished, It is a shame; for it is too valuable to be given up. Millions denote its value; and its deterioration can be brought directly to the door of the unlicensed, unlawful assumption of search and detention heretofore carried on by the English cruiser; and said cruiser is no more or less than a guard to the fnglish apprentice slave trade, for every slave captared by an English cruiser is money put in the treagury of the English government. The time has arrived that our flag must be respected, and never again be goiled by the pollution of English cruisers and their money-seeking com- manders. On September 19 we met and boarded the schooner Kate Kilen, of Plymouth, a@ prize to the English steamer Viper. This vessel is American built, and was captured thirty miles north of Loango. When the Enghsh steamer discovered her the captain and crew deserted her upon boarding. The Spanish colors were found on deck, the chronometers were broken, anchors cut away; she had all the appur- tenances of a siaver, deck laid, rice, coy |, &e. From the officers in charge we learn that within the last three months English cruisers have captured twelve vessels, having in all, $60,000 on board; vessels in value about the game. That might be termed pretty brisk trade. There are now down on the slave coast, of the American squadron, the following versels:—Flag ship Cumberland, sloop-of-war Vincennes and brig Bainbridge. The sloop Dale is in the Bight of Benin. About the time you receive this the flag ship will be at Porto Praya, Dale also; the brig Bainbridge on her way there, and the Marion at present at Porto Praya will be upon her way back towards this point, whilst this veesel will be in the Bight of Bevin or Baifra, At this place we learn that the yacht Wanderer and brig Helen are both up the Congo river after slaves, so rey Keen eyes are upon them, and they will have to be smart to getoff. Trade here ‘is quite dull. All eatables command high prices, and are wanted. The bark Hazard sailed on the 25th for the United Statee, via Ambrez, Kabuda, Fernando Po and St. Thomas. of provicions and coal were madg, amounting ‘n aggregate to twenty thousand four hundre! and se- wen voliars, and at Valparaiso further purchases of ‘and provisions were made, amounting to fourteen nd eight bundred and two dollars, The whole num- ‘of souls on board the vessel at her departure from York, passengers and crew, was five hundred and —one hundred of these composing the crew. The hic can judge whether the ship was properly provided t. The whole number of cabin | gran gad was less b twelve, about twenty five second cabin, and the re- der stecrage. AS it is not expected to feed steerage vgers on dainties, the inference is irresistible that shop was abundantly found in every necessary for her e. Sethe year 1854, inthe month of February, I sailed thie port in the steamer Yankee Blade, with a crew ne bundred re: and about ninety passengers. provision bill of that sbip was about ten thousand ; my disbursements in Kio tor coal and provisions eseven thousand five hundred dollars; and in Vaipa o, knowing that a large number of gers would & me at Panama, I disbursed about six thousand dol- for fresh provisions, coal, &c. On this outlay I car- a larger sbip than the Hermano, and from pa _atout thirteen hundred persons, including Contrast the two cases, Mr. Editor, and draw jr own inference as to how far the Hermann provisioned for the number she carried. In this con- Hian I would ask permission to state that Messrs. Cole- in & Co., of Rio, and William L. Hobson, of Vaiparaiso, e my consignees, and can vouch for the truth of this ment; tbey are gentlemen in every sense of the . Captain Cavendey states he had but three hundred ars on board the ship on ber departure from New rk. He has not rendered any account of that sum nor ome twelve hundred dollars received, according to purser’s statement, from passengers, as the difference ween steerage passage and cabin passage, a number ing changed from steerage to cabin before leaving the of New York, and I am informed that a large num- changed to the second cabin. The difference may be fter, but as yet bas uot been, accounted for. ‘hoever may have agreed to protect the interest of tain Cavendey aud meet any liabilities due, or to fall , on his account, I can only say that I was not a party ay such arrangement, and never agreed toassume an iy ——, Any reasonable disbursement for family would have been cheerfully met; but when don to his endorsement for borrowed cash for tions with which I had no concern, it can ecareely expected I would respond. I advanced Ospt. Cavendey housand dollars on nt of wages, as recel| 1 expect to send this by the bark Seamew, Tho ofice wil prove, "aad in “widition, | tbe company and such individuals. Relative to | We go down from here off the Congo wo cruise, and then 2] the tariff of fees and tolls for the tranmission | pars up the Bights, visiting every nook and corner. This undry bills, amounting to some three hun. doliars more. He states in his letter he one of the owners of the Hermann. How he could e such an assortion, when he had in bis possession a peter of the ship, in which it appeared T was sole er, and as he knew I bad become the purchaser of the +I trom her former owners, I leave hit to explain. I © already alluded to the Instructions given Captain ‘will take four months, All hands are well on board. The following is the list:—Commander, B. J. Lotten; First Lieutenant, J. W. A. holsoa ; Second Lieutenant, W. C. ‘Weat; Third Lieutenant, D. 1. Brame; Fourth Lieutenant, W. E. Fitzhugh; Master, Thomas 0. Selfridge; Purser, Jobn W. Nixon; Surgeon, Daniel Thorniy; Assistant Sur- Van Bibber; Lieutenant of Marines, @. P. Turner; of passengers and goods, the company agreed to fix the tariff or tolls at the lowest possible rate con- sistent with the mutual interests both of the State and the company. By article thirty three of the grant, the State bound iteelf to protect and defend the company in the full enjoyment of the privileges granted, ‘not to con- wendey, viz., to to San Francisco, via Rio | tract with, or cede to ony government, individual or com- rs mate, H. Donavan; Purser’s Clerk, David Wars- beiro, Valparaiso, San Juan del Sur, reserving the right | pavy whatsoover the right of constructing a ship caval, | ton; Captain's Clerk, Billy Hunter; Yeoman, W. Bishop; mend hit orders by letter at Valparaiso. Under date {| railroad or any other communication across its territor; Surgeon's Steward, J. Coloner; Boatswain, Lime; Gunner, Barnicott; Saiimaker, — King. just returned to Porto Praya on board. The Marion is there between the two oceans '’ Yet, while the contract was ad- mitted by the State to be ‘in force,” the government, in defance of this provision, made three contracts to other ‘ties—one for a ship canal and two for transit purposes. or was sealed, september 6, 1858, I wrote to Captain Cavendey as fol i —'* You will apeoad from Valparaiso to Panama;’’ ‘after giving him some information, I say, “an agent i meet you at Panama,” and at the close of the lewer ithe following —'* It ix’ expectod the Nicaragua. The enclosed ct via D what Q — Lovett; — Unrpenter, — ‘The brig Bainbridge bas with fever and ae re of the Cass-Yrisarri and other small sicam | 1849. iT, cruise in the Rights. All hands are weil. to ‘used for the transit of passengers across Nica- siaie Comnee eek, ees Se ee. SE Rlcthiiestiidestndiatimneeio ,and that every exertion was being made to have ined by careful News, Hints and Suggestions from Corres- bute in working order by the time he would arrive at este tes saeneme pled yg td pondents. — : of & want of water of sufficient depth in the Lake of | T1® NEW MARINE BARRACKS AT THE NAVY YARD. ’ construct the “J. 8.6." the proposed new marine barracks at npany was = the Brooklyn Navy Yard, near Flushing avenue, would bo om insecure ground, perforated with springs, and unsafe 3 4 g § F water and | as a foundation, even with pile driving, and unhealthy. the con- | He the Secretary of the Navy will put a stop to tl by. being the | project ind the railroad (é | 4N ADOPTED JEWISH CITIZEN ON THR MONTARA on the 27th hapneyd Yatndsy ‘This correspondent commends the action of the govern- t refore, the | ment in refusing to interfere in the Mortara case. He Ss completo | thinks it but a fair action on the part of disciples of the the of the State." The artic! ‘the primary | Monroe doctrine, and suggests that the principal way for ‘ contract ‘ing to tI gums to be ‘the company — sgh nae yen aie ae Le mo the force propriety war stricken out and the following sul The! yal pout lo prov’ oung iv “‘maie- PLB RF f State shall receive one dollar and afty each and | ris! aid to throw off the yoke. conch He had positive unequivocal every adult passenger = by the company across the UP TOWN POST OFFICE. State, and for ever} seventy-five cents; A correspondent thinks there is too much temptation to dishonesty in the arrangement of eo many letter boxes for depositing letters to be carried to the general office. He Is it apy justification of itor not. In the artic! thinks we ought to have an letters, up town post office for the ac- What the Washinguen could Bot. Te trantn, oot bo tm to hao cemmodatn of tne i that quater, ‘This would at 4 the route via Nicaragua was not open? His duty | “establish” or make it. Artic! samo a tation @ large re Mis orders but he —A remedy this defect fixes the period — people would deposit them them even admitting force company com lal pleading an to sickness agent aud employes on the line HONOR TO WHOM HONOR IS DUR. iy, owing to the failure to make’’ have been translated by parties in Nicaragua | «‘Portemouth’’ hopes that Congress will not at this ses- a# “to have made or done and in use.” vor , com: mence does not mean to finish. The construction of the words cannot admit of dispute, They fix the time for be- © i the work, and article second designates two years an the period of completion, By the explanatery articles it is provided that, ‘‘for any wilful breach or von perform. ance of theee stipulations,’ or of the others contained in ‘the contract of the 19th of June, the government of N. may nnpul the said contracts, after having submit. ted the question to the decision of arbitrators, and after thoy shall decide the question against the company. The State, therefore, cannot annul for wilful breach antil after ir pecuniary transaetiona, ie bim in ordering his ruccessor in command of the ship proceed direct to San Francisco without stopping at Juan? It would not have cost anything to stop there: Jann was’ on the direct route to San Francisco, and ‘a single additional ton of coal would be required. If ly imperative necessity (I know of noue that existed) pored to prevent him obeying his orders, he was ni hy every duty to his owners, by every obligation a the eaptain of @ vessel, to hand a copy of bis uctions to his snecesor in command. His to ro—nay, his positive orders to Mr. Patterson in opposi- to the instructions be had received—not only remains xplained, but, in my opinion, is not susceptible of ex- vom, Ag tathe searcity of stores on board the ves- , 1 have the fullest reason to believe it will be found ‘the arrival of the Hermann at San Francieco, that a wisions will be found on board. sion refuse to do justice to the sailor, and will, when con sidering the benefits from our recent treaties with China, forget through whore instrumentality the foundation for those treaties was laid in November, 1856, with bioodshed and loss of life. He calls particular attention to the ex- plolte of the Portemouth and those on board, and hopes they will not be forgotten. WISCONSIN RAILROAD LIABILITIES, A correspondent at Milwaukie fends us an account of a meeting at that place, at which nearly every portion of, the State was represented. Resolutions were pagsed do. claring that the public debts ot the cities, twns and couaties, and farm mortgagee incurred in behalf of the various failroads in the State, ought to be paid; that it is imporsible for them to be paid by those who contracted The character of the breach being determined, viz., wilful, and the mode of emolument Gixed, all breaches of any other character and all other modes are excluded and for- Preeaution had taken, A special agent—A. 0. biden to the Staves. them, and thas it is incumbent on the State to assume bins—had been sent on board ington to — them. del Sur with money and letters of credit to purchase Brooklyn City News. VALUE OF PROPERTY IN THE WEST INDIES. gions oF any necessaries that might be wanted; and suffering or #, the blame mast rest on 7 lotedience of orders and desertion of his ship. If Dr. Tee Lave Sovtn Brooxtyx Homncior.—In the Court of Sessions yesterday, William Cullen, indicted for man. slaughter in causing the death of James Hart, in Columbia A correspondént takes exception to a published state- ment that the Wost India Encumbered Estates act has in creased the price of real estate in Jamaica. He says there on, whom tates he saw at Panama, | street, on the 16th of November last, was placed on trial. | js no such act in existonce, unless passed since Nov. 9. = Ae ete eed HW) Le The deceased, it will be recollected, was quarreling with 4 LTR no eet, though one was passed isburme aby amonnt required for the comfert and con- | one Joseph Waiker. Cullen came along and advised Hart Lgemere, lbw conlepentom tnaaiee pative that no ay OS oo the to go home. The latter used insulting opthets in answer, | puch act is now, or ever has been, in operation in Jamaica, A, ad B phay why LF eres | - pres pushed him down ran aa up, A SEW TELEGRAPHIC OCEAN CABLE. mys 4 , Peizing a stone, made a demonstration as strike wna, by which time Dr. Pearson was nearly at San Oulien Driscber tok the stone out of his ‘We have even a very ingenious way of manufacturing » submarine ocean cable, which has been invented by Mr. ‘word in retation to certificates of certain > James Russell, a mechanic of this city, and which in the at Panarma—that they would not credit the ship. The Panama of ann arrived at on the 9th of November, and | pired in about fifteen minutes afterwards. on the 11th. The only theory on which Tam able to | tanaged to a A Soonpenir trang teat Baa yet, been mate “Fhe guita hemp cords, and over this is laid aclose the same material. The cable thus made is very flexible, and is capable of sustaining times its own weight in water, which, of course, is essential requisite, It weighh 680 pounds to the mile, and the cost is $290 for the same length. It is, therefore, three times lighter than been guilty of « as some slight shadow 4 could have sold them visions, and had to inant Letiers received from Mr. therefrom. Some extravasated ‘blood wae found upon the brain, but that might have existed before the injuries in- feted by Cullen. Several witnesses were examined, who fh n4 a y, the agent at Panama, inform me that the ship was | being positive that death was not the result of blows, the | the cable now Tying between America and Europe, and in want cf anything but some freeh beef, which ho | Jodge (Morris) instrocted the jory to bring in a verdict 0 , , thaeed and pal for, im genni and battery. A verdit in muneundae | OO Oe eee ene a ge covclusion, T would state, that in conversation with | ed. ‘wae imi y afterwards Senge ang evens Cavendey L inquired, how came you to order Mr. | for aseault and battery upon Henry O'Neil, with intent to Arson Case in Water Street. con to proceed to San Francisco direct? His answer | Kill, committed some months since in a batroom in Atlan. | ARREST OF A BOY AND THE PROPRIETOR OF THE |, “1 was informed it was impossible for the tic street. Cullen pleaded hot guilty, and was remanded STORE ON SUSPICION OF BERING THE OVILTY across via Nicarngua.”’ And on my saying that | for trial, PARTIES. hg be Amr cae Some Firenos Cow erm —in sontion for Chief Rn ‘The alarm of fire for the Seventh district, about two , he replied, * bi rend wae " gore down "*’ The explanations of Capt. Cavendey Frere ening ering the Focmstioen o'clock on Tuerday morning, was caused by fire being failed to satiety me, and I cannot think they will | p. Veleor. The dates were John J. Green | *#covered in the liquor store No. 379 Water street, cor. the poblic, particularly as he would not have been | and William Bur 5 ‘is is the fourth time that Mr. | ner of Oliver, owned by James Leahy. The police of tho red to wait more than four days longer at Panama we known that the Washington was on hor way with re. ‘mann left Panama on the 11th; the Pacific Mail jpany's steamer arrived on the 16th. HENRY RANDALL. fe have received the following letter respecting the rican Atlantic and Pacific Ship Canal Company, com: ly known as the “ Nicaragua Transit Company ,”’ and differences between it and the Moaragua govern Velsor has been elected to the same position. Se Naval Intelligence. Tieutenant John Schermerhorn, who was ordered from Boston to join the United States chartered steamer Ameri- ‘ea, as commander of her marine guard, has been detached for the United States chartered steamer Memphis, owing to Mo agi par pas Cohen, who was ordered for that ship. Fourth ward broke open the doors, and, with the aid of a il oF bes ony A court martial is ordered to convene today at the | liquor casks, and a piece of lighted cand! to Brook)yn Marine Parracks to try two marines, one for dee | among the combustible material, TO THE EDITOR OF THE MERALD. “ ertion, and the other for ineuboraination. bustible material appeared to hi 1¢ American Atlantic and Pacific Ship Canat Company, |. The United State chartered steamer Memphie, lying at | liquid like ntcobot facts, the Brooklyn Navy Yard, was under sailing orders at two o'clock yesterday, but owing tothe heavy fog whieb en. veloped our harbor was nnable to leave at the appointed hour, There has been no change in the ofleers of the monly known as the “Nicaragua Transit Company,’ aged in an operation which should entitle it to the jm ry mpathy of all good citizens, as it most certainty the full enpport ef Californians, ey would open @ rival route to the present cramping James Leaby and his nephew, the guiity parties. Accordingly officer Deboyee inte usted and conveyed them before Jnetice Connelly, Memphis since {hore inst published in the Heeann, with | who detained them for examination. Wo understand the exception of fhe atiition of Leatonant Joho Schermer. | there isan ineurance of $1,200 on the stock and fixtures reas porminanding marine vfliver. jawer rance Company, Commilsstoners of Health. ‘This Board helda geszion at the Mayor’y office yerter day afternoon, bis Honor the Mayor in the cduir. ‘The Mayor said the mecting was called for tho parpose of receiving the report of the committee, consieting of Dr. Rockwell and himeelf, to whom had been referred the communication of the Chamber of Commerce on tho sub- ject of Quarantina lighterage. The following is the re- port:— The committee, after a careful consideration of the re- port of the Committee of the Chamber of Commerce, are ‘unable to adopt their conclusions, and give thew reasons at length. They remark that “they have been no less pained than surpriged that upon a question in which the lives and health of the citizens are involved, the investi- gations of the Committee of the Chamber of Commerco should have been s0 far confined toa financial view of the quarantine system a8 to cause them to lose sight of the great object for which our Lealth laws were enacted. The result of their investigations is such that it apparently presents the merchants of our city as a class of mea in whom the feeling of selfishness predominates over that of commen humanity; for a careful perusal of their report will render it manifest that the array of fucte which they bave presented seem to be mainly directed to an attempt to show how much can be saved to the pocket oft the merchant by a one in the mode of trangacting Dusiness at Quarantine, without properly cousidering the consequences which would result to and health from the propored change, Phey have almost entirely laid out of view (except incidentaily) any consideration of the au- merous safeguards which the accumulated wisdem and ex- perience of the successive bealth authorities of the port have caused to be adopted to prevent the spread of disease from infected cargoes, and have reduced the question to one solely affecting the rights and interests of property The undersigned, however, Dave the charity to believe that the Committee of the Chamber of Commerce have thus treated and exangimed the question, not from any want of bomanity, but @ want of that practical knowledge of the workings of quarautine system which can aloae be derived from the experience in its administration.”’ They are too well acquainted with the benevolence of the mercantile Community to believe that the committee in question would knowingly sauction any sanitary system that would involve the weight of human life in the scales with the profits to be derived from commerce, By eection 19, ttle 2, of the Quarantine act of 1856, it is provided “that no lighter shali be employed to load or unioad versels at Quarantine without permission of the Health Officer, apd subject to such restrictions and regula tions as be sball impose.” In the same law a right is given to parties aggrieved to appeal to the Mayor and Com- missioners of Health; and similar laws existed prior to 1856, Tho object of these laws was to prevent unrestricted an | indiscriminate iptercourse with veseels under quaran- tine, as 4 communication with them by unrestricted par- Lies would ecatter death and desolation among our citizens. ‘The committee contend that none are so titted to be the depository of sueh power as contemplated by the law as the Health Officer, who is charged with the duty of in- specting vessels on their arrival in port, and determining whether they can come with gafety to the wharves. They ask what means would the merchant at his counting room porsess of determining whether it would be proper to allow a cargo from his vessel to be brought to the city? The Health Ofiicer, who is a practical phy- sicun, is placed at Quarantine for the purposo of protecting the public health, and the public hold him reepousible in some measure for the lives of our citizens. The committee say it ia evident from the statute that the discretion applies not alone to time or mode of visitation ve 1% her cargo, but extends to the character of the persons who are to. make the visitation, ‘The granting of permits to lighter cargoes at Quarantine being placed entirely at the discretion of the Health Ofi- cer, the committee claim that he has fully complied with the law on the subject, and that he has no way exceeded his powers or abubed the discretion thus vested in him. ‘The names of the men selected by the Health Officer to take the general charge of the business of romped | and lightering infected cargoes,and the reasons wi ick governed bim in the selection of a single individual or fim for each branch, have been commanicated. The con mittee hold that those reasons are satisfactory, and lock a8 if adopted for the benefit of the city and its com- merce, ivstead of establishing an “odious monopoly,” as bad been charged. Ar ak extent is what the statute coutemplated—as there must necessarily be men to do the business without doing any » and withont having intercourse with the city, ‘That if stevedores and lightermen were employ- ed indiecriminately, they would most certainly spread disease through the city and elsewhere. All experience teaches that the greater the number of those who come in contact with te sources of infection, the more likely are the seeds of disease to become scat- tered; benve the interpretation of the discretion conferred on the Heatth Officer he shall limit the number to the actual Wants of business. ‘Ihe committee say: The present Health Officer, so far as we have been informed, has acted entirely upon this interpretation—as we have yet to learn that any com- has been made as to the character of the men ploy bie own lightermen and stevedores, would constantly endanger the bealth of the city, as hundreds would then be employed inducreetly, and allowed, after discharging infected cargoes, to go where they pleased. In regard tw the geiection of the stevedores and lighter. men in the summer, the committee state that the subject was twice before the Commissioners for investigation, and better could have complaints made failed to satisfy the Board that any other reejonsible partice would render the services required any cheaper A paper had however been presented, tigned by Btevedores, offering to perform the work a third lese than the rates of the Board. The committee remark : If #0 large a bumber were then willing to undertake the work at that rate, it is a little that the fact should not have been disclosed upon the full investigation those The silence of those under the existing rules would be required to remain at Quarantine for five days, after discharging their duties, It was charged that the action of the Health Officer was based on a list of priers, to which the names of stevedores were placed without author ‘This was inquired into by the committer, and found to be incorrect. The committee ascertained that some of the stevedores had been forced to make sch an assertion by threats of being deprived of employment by interested ver. An affidavit of Mr. Houseman is Submitted to stain the committee in theit Conclusions on that matter. In regard to the complaints of excessive charges by the lightermen, several papers are submitted to «how that tho charges specified cares were less than what was charg. ed for wimilar work in 1867, when the business was celled out amon; of persons. Th - mittee remark, i the business in charge ‘esent excessive bills, there is noreason why they should paid. Neither the Health Commissioners, Health OM- cer, nor Beard of Health bave sauctioned overcharges. The committee remark that the of our com- merce are much thereased by the want of ttore- houses and other facilities at Quarantine. Comtnis sioners bad made frequent a regard to these wants, their heeded, “Until the met in this particular, grounds for complaint, yet it is better that burthens af- fleeting property only should continue to be borne, than old arrangement, it would bave cost considerably more. The report was accepted, and ordered to be printed, ite accompany ing documents, erebante and others interested in the quarantine mat- tors referred to were invited to offer suggestions in rela- tion thereto. The Board then adjourned to Friday next. Court of Oyer and Terminer. Before Hon, Judge Ingraham. THR INDICTED OFFICIALS. ‘The People vs. Fernando Wood et al.~Ahia caso was called this morning, and Mr, Blunt, the District Attorney, stated hie readiness to goon. ExJudgo Dean, for the ex- Mayor, stated that be was cngaged in & case the Supe- rior Court, aad that Mr. We was a party to the suit, ‘The other parties not being ready the case was adjourned till next Monday, CASE OF MULLIGAN. The People ve. William Mulligan.—The defendant, who stands indicted for aseault and battery, was in court this poy am case being called Mr. Thos. C. Fields stated counsel for were absent. thousend jorors being in attendance, and decided that the case should proceed on Wednesday morning. Wiscorers Parens mx a Siceny Covnirtox.— ‘The Milwankie Wisconsin eaye that there are fifty papers in that State which must die out before the expiration of the present year, thelr condition at present is so very sickly, | | New York tn a Fog. DETENTION AND ATOPPAGE OF FERRIES—COLLISIONS IN THE RIVERS AND BAY, BTC. A fog of unusual densoness for these latitudes bas been hanging, tike a fuperal pall, over New York and its ad- joining waters ever since Monday evening last, That venerabie and excerdingly accurat: personage, the ‘oldest inhabitant,’’ can Gud no paraile! to this fog in bis time; but 88 very few persons are in the habit of gaaging the densi- ty of the several fogs they experience, it is possible the old gentleman may be mw staken; but, nevertheless, it was quite a reepectab:e fog, end would have done no discredit to Newfoundland, or any other fog-ridden country. ‘The city did not suffer much, and pavigstion through the. streets was tolerably safe, though occasionally a cuupie of short-sighted persons would run against each other. On the rivers and bay, however, it was exceed ingly dense—so much so, that to use a popular bul no particularly correct expression, “it could be cut with a knife.” On the East river navigation was really perilous and it is almost a miracle that some serious accident has not occurred from the innumerable ferry boats that ren in every direction on that narrow and swift stream, The pilote, however, were commendably cautious, and by run- ning slow aud keeping up a constant tolling of bells, suc: ceeded in avoiding any calamitous collision. This state of things bas had the effect of putting an almost complete stop to the navigation of sailing vessels. As will be perceived by our marine report, only a few schooners are announcdl as baving arrived yesterday, and few or no ships leftthe harbor. People on the other side of the rivers, who depend upon the ferries for asafo transit to New York, were the chief sufferers by the fog Some of the ferries ceased running, and others ran so slow that many mechanics, who are compelled to be at tueir shops at Certain bours, were seriously incommoced. ‘On the Hoboken ferries comm’ ion was kept up during the day, bot with much diffi was allowed to ran, to lessen the dan On the r of collision. while the bells were continually ringing at the ferry houses to guide the pilots. ‘eck slip ferry only a few boats crossed during ing, and in the ahernoon they ceased, it being 1.0 dangerous to continue crossing. On the Bridge street ferry the boats ceased running at 4 at the James street ferry it, was also found im: practicable to keep running. Grand street ferry oly made occasional trips; but Division avenue and Fulton fer- ries were not much impeded. ‘The Staten Isiand ferry boats made their regular trips, with the exception of 12, 1, 2. and 6 o'clock, without doing or receiving a1 damage. The Southtleld, of [the above ferry, should have mave her last trip from New York at 6 P.M., but the fog being so dense she did not leave, thus compelling over one hundred passengers to find quarters city. a venave heard of but three accidents, which occurred to the steamboat Long Branch and steam tug Wm_ Back, besides one on the Williamsvurg ferry The Long Branch, on her trip from the city at about 2:40 P. M., came in colli sion with an unknown brig lying off the Battery, badly damaging the steamboat’s upper work, carrying away her pmoke #tack, and doing other damage,’ The brig had her martingale carried away. x ‘The steam tug Wm. Buck, during the fog, went ‘ashore on the rocke of the Battery eniargement, but was got oif without sustaining any tnaterial damage. ‘There was but one arrival via Sandy Hook yesterday— the British bark Pilot, Fish, from Rio Janeiro—the fog be- ing £0 dense. ‘The steamer Bay State, of the Fall River line, left ber pier at her usual hour. The boats of the other lines— Stonington, Norwich, &c.—will not leave until the fog from Providence, due yesterday morning, had not arrived up to last night. clears away. The propeller Osprey ‘The wind during the day was light from the southeast. VU York bad the utmost difficulty in making their trips, and upon the South Tenth street ferry the were laid up entirely after geven o'clock in the ~ bf e day, and these for the greater part of time made their landing on the New York side at the Grand street slip. Towards evening these boats were literally crammed with pas- sepgers, abd in copsequence of the insufficient number of to and from Williamsburg Numbers of persons took the shorter ferries or went to New York by the Greenpoint cars, At the Grand street ferry a man, whilo the bridge, was pushed overboard by the two boats of the Peck slip ferry were run durin, boats and the fog, the was rendered extremely hazardous. standing v) crowd. was reseved with but a slight ducking. During the afternoon a collision occurred which occasioned some e to the er. No fon was burt. No. 44 South Six w in a crowd waiting for a boat at the Peck slip ferry. became leas half the paneengers. ‘boats from Fulton ferry to Hunter's Point, connect oo , digcontinued their trips ing witb the Flushing Railroad a the in of which the ers: Seeeeet nod ay Syme a Eo one point line of care. Board of Ten Governors, ‘The regular meeting of the Board of Ten Governors was held at the Rotunda at four o'clock yesterday afternoon— ‘Washington Smith, Keq., President, inthechair. The usual return of inmatesshowed the number remaining in the sevo- ral institutions on the 4th December, 1868, to bes eee, and there have been since admitted 1,092. Deaths, |, discharges, &e., 1,135, and r on the 1ith December, 7,662, being a decrease of 43. On motion of Mr. W. T. Pinckney’ Dr. ries Brounighausen, recently elected by the peo: pic, was clected a member of the Board for the rent of the ear, in the place of the late Cornelius V. Anderson. A jetter was received from the Rev. T. J. Sullivan, of Charleston, enclosing $10, which be stated he was request- ed to forward to the Board by « man in that city, as resti- ‘appropriated from tution for a blanket which ti had Bellevue Hopital many years ago. The communication ‘was ordered on file, and the Clerk directed to reply there- to. A letter was received from the Warden of the Alms- house, ing that there were 1,667 inmates in the Almehouse ment, being an increase of 144 upon the the rame time hye bee their comfortable allocation. Withi the following numbers have been received: — From Bellevue Hospital, From Lunatic Asy!u Bent to Lanatic Any! Island . From Ward's Island Total ..... twenty women sent away to be confined. The whole matter was referred to a committee of Messrs. B. F. Pinckney, Gunther and Moloney, to report at pent meeting nay sum for New Year's day, for the use of the children at Randall's Island, and $75 for the lunatic asylum for Christmas day, was agreed A very elaborate report the Board, deputed in March, 1857, to investigate the claim of the city to the institotion and erection of a Foundling Hospital, was presented, and ordered to stand | over for another meeting. A revolution was agreed to that if Mr. Charles Vanden. water fail to sign the contract for furnishing beef to the iuetitutions by the 17th inet. , that the contract be ay to the next lowest tender. The Board then adjourned Personal Intelligence. Lady Bury arrived here last evening from Boston, and remains at the Everett house for Lord Bury, who will ar rive here from Canada Fast in a few days. ARRIVALS. Herand, Dr AH Thurston, Miller, Capt J’ 8wa- in the steerage. si DEPARTURES. For ih. in the steamshin Angusta—famuel J Carr, Mrs RJ Larcombe, nuree: Mr and Mre Jas R Smed berg, Misa Bright, Re ister, Mies Johneop, Mr and Mra JU Baldwin, sre Deans, child and purse; HJ Roe, wl = Ly Mre \ |, Mra MS Phippin, Mre ), © 8 Moore, Chas A Filsbury, Andrew * A 5 ae ty mie, aon m ta Mra Taye and TK Duanyy Oe vi Lky Inge gener TT . Mrs. , Jon Wella, J 1, A Graver, 0 0 hurst, Geo Purdy, J Hammond, 8G Colt and and lady, 0 A Burt, Mise Morse, and Indy, , i Van Zandt, Mrs BR Sui Jebnein, MED Praeet, Wise uA Jol \ Reovie, TO Burn, J Cro J jn, (nek, Meda Latour. aed Gol = i : 4 F ee Seymour: $B , Mra Trainor and chi urnont, M Cunningham, ( simmons, J A M Colbert, GF Hamebey, J R Tiley, Girardet, © Menafieid, Mr. Liselle—and 150in For Richmond, Ae. te the steamahty Jamestown-—1, Hoff man, gota, ‘Dadiey, BM Gammie, Charles Lawson, Charles Bs Se, ri, Chat ones, lex Del x ree lex. Delane ~ Thom, Wine ‘Reed, M. Muonctin nnd vty, <= . Wo irew Wil Marti nett and Indy, M8 Punnaon, J Rordean, Mme Frapcdn}, Mule Desiree, M Dicarie and Indy, M Collett and lady, BR Hendry J Komalineki Mies Matilts Hoap, Wike Ryott and «eter, Wire Clarke, Mime Martinetti, Capt Doughty, C Forman, T Thomson, Charles Feland, Mre TM Fmanvel, Mee B Perey, M Tanaeto, J Marunetti, MUronsi— Cuited Statce marines, aud 29 lu the eecrnge y. Only one boat uth and Hamilton avenue ferries there was much interruption, only occasional trips being made. The boats kept up a constant blowing of their stoam whistles, erry boate plying between Williamsburg aud New ular between one of the Houston street boats and one of the Peck slip boats, por. A gentleman named Hogher, residing at th street, had his pocket picked of a und pocketbook, the latter containing $13, while To- dense and permitted that there was no room for the last six inonths » 15 Out of the number from Bellevue Hospital there were ‘ation of $100 for Christmas and the same to. from the Select Committee of PRICE TWO © INTS. ‘The Cancemt Trial, CURIOUS ACCUBATIONS AGAINST A su LOK AND HI UNQUALIFIED DENIAL, ‘SUPREME COURT—cRCUTT, Before Hon. Judge Ingraham, Dac. 14.—Mr. Blunt, District Attorney, presented the fol. lowing affidavit to the Court:— THE PROPER VB. MICHARL CANCKMI, City and County of New York—Simeun 8. Kimba" of 180 Forsyth street, in the said city, being duly sworn, deposes and éays, that he knows Maltby G. Lane, who ® one of the jurors empannelled to try this cause at the » esent tria!, and that be has beard said Lane express hin-elf as pereanally acquainted with defendant Cancem), aii that * had loaned money directly or indirectly wo assist Can- cemi in his defence upon the charge, for which he is now being tried; that he bad aided Caucemi directly or indi- reetly by discounting paper, the proceeds of which depo- nent understood were for the benefit of said Cancemi, Dec. 11—Sworn before James M. Sweeney, Commis- sioner of Deeds. The Judge directed that Mr. Lane should be notified to answer the charges oa Wednesday morning. Mr. Lane has already prepared the following answer:— Maltby G. Lane, being duly sworn, says that he has read the affidavit of one Simeon 8. Kimball, made in the above action, a copy of which is hereto annexed, and that each and every allegation in said affidavit mentioned and contained is Wholly false and untrue, that deponent never knew nor saw said Cancemi until he saw him ie court om his present trial; that oeponent never loaned said Can cemi avy movey, directly or indircetly, or discounted any paper for said Cancemi or for any person or persons said Cancemi’s bebalf, or aided said Caucemi in any way, shape or manner, to his knowledge, and that said Kim- Dail’s statement in that respect are whol out any foundation whatever, And furt ¢. 14—Sworn before John H. White, 8, Commissioner Kdmon¢ 3, one of the jurors empannolled in the ly affirmed, says that he has read an nade by Simeon S$. Kimball e accuses Maltoy G, Lane, one 0 the jurors in § with gross misconduct and cor- Tuption as such juror; that, as to the particular charges toade, this aflirmant knows nothing of bis own knowlodge, but totally and absolutely discredits them; that, on the contrary, and in refutation of such charges, this aifiriant fays that the said Lane was one of eight jurors who were in favor of convicting the defendant on Ube capital charge, and labored with all his ability to produce that reeuit, and only yielded his assent to the verdict rendered on hearing from the Court that, under another aspect of the testimony ip the cause, the jury had a right to render a verdict anch as has been given; and finally, this affirmant says that no- other member of that jury labored more yeaiousty and with’ mere apparent honesty of purpose, and with a sin- gle eye to the duty which he owed to his conscience, his country and his God, than gaia Maltby G Lane, Dec, 14—Aftirmed before Richard H. Bishop, Commis- sioner of Deeds, We, thé remaining jurors in the said cause, being seve- rally sword, do, cach for himself, depose and say that we have read the ubove aifirmation, made and sabscribed by Thomas Edmonds, and do hereby subscribe to and depose to the truth thereof in every particular, with the qualifica- on made by him, the said Bdmonds, in regard w such matters as were not of his own knowlodge. Dec. 14d—Sworn betore Richard H. Bishop, This was signed by Messrs. Mosher, Fiannelly, James, McWood, Penchard and others. Judge Ingrabam has directed that Mr. Kimball shall algo appear in support of bis allegations, We are credibly informed that the jorors in thie extra- ordinary case etood thus before they came 10 an agree ment of guilty of manslanghter:— IN FAVOR. OF CONVICTION, Henry M. Mosher, Samuel M. Janes, E. M, MeWood, H. Ostrander, — Serle, William Robinson, Thomas Edwouds, Maltby G. Lane, Nor Guitry. Marcus Fiannoily, George J. Pencband, ©. 8. Thompson, Robert Nellis. City Intelligence. A New Fearone iv rim Rewiciovs Wortp.—In the John street daily prayer meeting yesterday (which is now held in the audience room of the church), a gentleman from. Cincinnati stated that the “revival” was progressing in & marvellous manner throughout the West. A novel expe- riment had been started by a number of distinguished called the “Flying” Arilery.” Thy send a messenger “Flying Artillery.” yy senda before them to “prepare the way,’’ and then the laymen each ———e to the —— po dl had_ been col- together in several towns vill throughout the State to hear distinguished laymen reach the goepel. Judge Story, of the Sapreme Court, lately discoursed from the text, “Christ is the end of law.” Other distin- guished jurists and professional men, among them Profes- sor Mitchell, are members of the “Flying Artillery.”” Tux StamuNG AFFRAY IN THE ARCADE SaLoon, Grawp He conducts bis house respectably, and the of ward can testify as 10 is peweral charecter fie wowsneee SxvayTH Day Horsms.—A correspondent writes us that the President of the Sixth Avenue Railroad denies tha: that company gives any of their horses « rest of one day in seven, and that any of the employés have such rest, He says, the company has lost but nine horses in two year, and bave teams which bave not been off duty in six years. Not asingle death bas occurred the empioyes during four years Sean. Rowpns Prevent Cenreat Parg Sxarmrofe(Qng, of the Barbarians’ fears that rowdiee will interfere with skating on the Central Park by stealing skates and other capers, which he thinks will not be stopped by the police. He says:—The dominant caste in this strange and wild community are beings of brutal, cowardly nature, and low order of inteliect—in short, the refuse of the earth, There rule by violence and cowardly cunning, thereby entirely subjugating their former legitimate rulera, who have sbendonel the maelves to am inert despair, and con- tent themselves with a few sullen complaints.” Muutany.—The Seventy first, American Guard, (right ‘wing,) under command of Col, Butterfield, parade this after- noon to receive the Second regiment on their return from Staten Island. The escort consists of Company H, Capt. Miller; Company G, Capt. Kinnan; Company E,’ Oapt. Metzler, and Company B, Capt, Wheeler, with the drum corps and band of the regiment. Political Intelligence. Isptasa UNIrep Stree StwATOR*. —The following resoin. tions were laid on the table in the na House of Repre- sentatives on the 27th ult., by a vote of Afty.five to thirty- nine — Whereas, by the constitation of the United States each House of Congress is judge of the election and qualifea- tion of ite own members; and whereas, the Senate of the United States did, on the 12th of June, 1868, declare and adjudge that Graham N. Fiteh and Jesse D. Bright, Sena tors returned and admitted from the State of Indiana, were entitied to the seats they now bold as Senators afor sid—the former till the 4th of March, 1861, and the lat. ter till the 4th of March, 1863. according to the tenor of their respective credentials, therefore, Reaolved, That we recognize snch decision of the Senate of the United States asa final adjndication of the right of these Senators to their respective seats, that, whatever may be the opinion of members as to the legality or itle- lity of said election, we have no power to review the facts, or declare void the said decision mate an aforenaid by the Senate of the United Sites that we acquiesce in said decision, and that we deem it unwise, inexpedient, unconstitutiona! and irregular, for thie House to entertain any motion or resolution for the election of United States Senatore at the prevent sersion. Dacoran Taxsitory. —Two democrats, Mosars. Fuller and Kingebury, will claim atthe coming session of Congress to represent Dacotah, the new Territory weet of Minneseta, Dacotah bas not been organized as a Torritory by Cou~ gress, and therefore has no right toa delegate, but the re- fidents called a election for a delegate to Congress, and declared Mr. Fuller elected. Mr. Kingstmry claims the Seat, but it is said that he got bis cert.ticate by Indian and Dec. 6.—Thomas KR. Gi te the United States. imant sought to recover the which he alleged was found due to hi States upon an account settled by the prope: ig officers of the Treasury. Mr. Rockwell opened the case for the claimant. Mr. McPherson, deputy soti- citor, commenced a reply on bebalf of the government, but before concluding the Court adjourned Dre. 7.—Thomas K. Gainey vs. the United Statet.—Mr. Motherrom resumed and concluded his argoment in this ‘case, in bebalf of the government. Mr. Gillet, the solicit or, followed on the same side, and on cone! was fol- lowed by Mr. Rockwell for the claimant, and he having finished, the case was anbmitted. C.D. Wallace w. the United States —This is @ claim for com, jon for sbowt forty thousand acres of land in the military reservation (*o called) between the and Liftie Miam), in that partof it whieh lies between Lad- Jow’s and Robert's line, and sonth of the Grenviile treaty Ime. The claimant was owner of 41,142 acres of ansatie- fled military bounty land warrants for services of the troope of Virginia en cont) establishment, and em t thea and surveyed the in the above mentioned tract, claiming that these lands were reserved by the ces sion from Virgimia to the United States to such military bounty land warrants. Prior to said entries the United States had sold a portion of said lands, and the avails thereof, amounting to about $75,000, bad been paid nto the Treasury, This sum, with interest from the 1839, when the claim was firet purchased, and al $7,000, the value of tho remainder of the lands otherwise disposed of by the United States, with interest from the same time, the claimant pow seeks to recover. Hon. 8, F. Vinton opened the argoment for the claimant, The grape cron of tho Ionian Islands has turned ont feorly this yor, the disease having done much damace. ‘Tho currop” barvest at Cophalonia aud Zante wee very