The New York Herald Newspaper, January 6, 1859, Page 2

Agricultural Convention. | CE Nation: OUR SPECIAL WASHINGTON CORRESYONDE Wastuxoton, Jan. 8, 1859. | For several days past gentlemen from various parts of | the Union have been gathering together in Washington city, in pursuance of an invitation from the Patent Oitice, for the purpose of consulting each other—the result of their deliberations to be submitted to the Agricultural Bureau for its future consideration. At 10 o'clock A. M. to day, (Monday,) these gentiemen began to assemble at the Patent Uflice. After paying tueir respects to Hon. J. Holt, Commissioner of Patents, to whom they were introduced by Hon. D. Jay Browne, of the Agricultural Bureau, they were conducted to one of the large rooms in the basement story of the Patent Oillce, | which had been prepared for ther | eve, At ll o'clock A. M. the meetin: was Hon. D, Jay Bkowne, who addressed those assemdied as jou. 1 to order by | follows — Gxntizaux—I welcome you here, and will proceed | once brietiy to state the object of the Patent Ollice jn ca! 1. ing together this meeting. For the last te appropriations have be lection of agricultural statisti distribution of seeds, cuttings, &e. , aud of an annual report upon tue subject ‘ reports have been defective im 1 Fespects, wt great care las been taken to get informat on, by Out circulars to persons in different parts of the United States and other parts of the globe, a8 weil as by the ployment of agents to collect the iuformatiou de On’ the culture. 12th of June last an appropriation of $8 was made by C for similar purposes. And this de, »pted this method—the calling you to 'y board, if you choose to call Yourselves such—to perfect a plan by which to obtain ihe information possible upoa the subject of agriculture ‘This is on brief the object of your meeting. I now leave the matter entirely ia your b Th wit b T have no doubt, that our pr ngs are c far as their publication in the papers is concerned, such a plan is fully matured. Nuave prepared a list « terrogatories, which is now being printed, witich willserve as a basis upon which to act b list in a re is to be sent out in future. This meeting will ex: list, suggest additions thereto, perhaps the striking some of the interrogatories, until they shal! have upon & complete and perfected list, which this d can eed out iu future to persons in various parts country; the information thus derived to be used by t department. Will the meeting proceed to cousider { matter at once, or will they prozeed to organize before this subject is taken up? After a brief discussion the meeting proceeded to organ ize by choosing Hon. Marshai P. Wilder, of Massachusetts, as President. Mr. Wire addressed the meeting as follows:—Gentle. men—I tender you my sincere thanks for this very unex pectea honor in cailing upon me to preside over the detibe rations of this body. It is due to the kindness of my su periors, 80 many of whom Isee around me, rather than to any peculiar merit | myself possess, But I ain always appy to cooperate with the cultivators of the soil with such ability as I possess, for the advancement of the time-honored aud world sustaming art of agri culture. i am most happy to be here ou this occa and although at great personal sacritice, I a know that the Secretary of the Laterior, jover of Patents, aud our worthy friew! Ae called this n ing, have advised the calling of rious of our country, to interchange perse upon the subject. of ayrivulty at business of our people; it e: ta! and more labor than al! the other tru us, It iS an interest so Important as to be wel Worthy to receive the patronage of the government. I know that you will all sympathise with me in tis seat. mevt. ButI will uot longer detain this meeting at pre- sent with avy remarks of my own. I must congratulate you, bowever, on the opportunity you bave of me {ogpther on this occasion, the facilities which it affords for the extension of our acquaintance, and the interchy of that experience and information tu regard to a subject upon which depends not only our owa happiness but that of our own coun and of the world. Major Ben. P meeting. The Skcreraky then proceeded to read the of those mv! The following na swered the roll, viz.:— California, A. W. McKee; Delaware, ex-Governor H. Ross; Uinois, Dr. John A. Keunicutt and Dr. L. 8. Pen- nigtou; Indiana, Hon. D. H. Holloway and Hon. E. Caso; Tncian Territory, P. P. Pitchly: Maine, Dr. Ezekiel Holmes; Maryland, Charies B. Calvert, Clement Hill and Joc! Blew; Massachusetts, Hon. Mursbuil P. Wilder, Major Ben. Perley Poore and Dr. Charlies T. Jackson, Michigan, Hon. H. L. Stevens; Minnesota, Hou. W. W. Phelps, Dr. T. T. Mann and J.J. Noah; New Hampehire, Levi Bart lett; New Mexico, Hon. Manuel A. Otero; New York, Col. Charlies C. Morrell, Rev. Amos Brown and William Lawton; Nevada Territory, Col. J. M. Crane; Uhio, ¥. G. Cary; Oregon, Hon. Delazon Smith; Penney!: vapia, James Gowan, Hon. Jono i. Ewing and Wil- liam P. Shattuch; Soutn Carolina, Hon. J. H. Ham- mond and James G. Holmes; Texas, W. T Mecktin; Ver- mont, Frederic Holbrook; Virginia, Colonel William Gar- ret ald Lewis Bagley; Wisconsin, Gustavus de Nevere; District of Columma, W. W. Corcoran, Joshua Pierce, Jo- nathan Seaver, J. G: Lewia, Dr. Charles T. Page, E. Harte dE. Kingman. The Secretary read over the list of interrogatories refor. red t by Hon. D. Jay Brown in his opening remarks, which list was subsequently referred to the various sub: divisions of the meeting. ‘After some discusgion in regard toa name for the meet- ing—some being in favor of ‘Convocation of Agrieul- turists,”’ some of “Convention of Agricuiturists,”’ and “National Congress of Agriculturists”—it was ordered that the meeting be known hereafter as “The Advisory Board of Agriculture of the Patent Vilice.’’ The following sub-divisions of the Board were agreed to—the delegates from each sub-division to constitute a comunittee for the covsideration of the list of interrogatories submitted to the Board, vi First—Ihe New England « and Pennsylvania. Second—Delaware, Maryland, District of Columbia, Vir ginia, North Carolina, South Carolina and Georgi ‘Third—Florida, A'abama, Mississippi, Lou! Indian Territory, Arkausas, Missouri, Kentuel neseee. Fourth—Ohio, Indiana, Dlinois, Michigan, Wisconsin, nesota, Nebraska and Kansas New Mexico, Arizona, Nevada, California, Oregon and Washington The following regulations in regard to the daily trana- action of business were adopted :— Hour of daily meting of the Board for busines only to be 104. M. Comm (ir. D Jay Browne,) who hi der this mort ‘tates, New York, New Jersey , Texas, and Ten- cussion. Sub-divisions and coramittees to me¢ diately after the adjou: oment of the morn Boaro A business committee was or following named gentlemen w as meinbers of that comm t J ted by the Board. The designated by the Chair Hon. D. Cary, of Ob G. Holmes, of South Caro) mont, and Hon. Delazou Ata few minutes past until to-morrow atten A. M. The proceedings of to-day were y ary enthnsiasm and harmony, and gave promise pf the ‘Most beueticial reswits The Steamship Fulton. TO THE EDITOR UP THE HERALD. New Yori, Jan. 5, 1859, In accordance with my delegated duty from my feliow citizeus I have the Lonor to transmit to you the sub, document for publication in your ini tial by me, with appro. gers at a meeting daly subjoined is at and adopted by fervent clamation, and the ly subsori The origival is now in Iny possestion, and intended for Captain Wotton ag a grateful memorial o! the heartfelt feelings of the pas- convened y copy of tue original sengers, [am prepariug a narrative ptive of this terrible passage for which, in @ few days I sball have the houor to transmit tor your ae- | In the meantin ceptance and publication e,a8 a brother | Of the iverati, I have the honor to present tue salutations of the New Year, and to remain tu literary fraternity, THE COUNT JOANNES, Homme de Lettres. TO THR Pentic. We, the undersigned, passengers on board the United States mail steamer Fulton, Captain Wotton, in her Le- cember voyage, 1858, rom Havre w New York, feel con- solentiously ound to’ place the following sentiments upon public record, viz-—To Aimighty God, the aupreme father of mankind and final dispos nts, We most humbiy and piously offer our reverential thanksgiving and grati- tude for our present safety in this most periious wud me- morabie voyage; religiously feeling, ag humble Christiaas, | that our p 0 the paternal mercy of Divine Provicenc mmauder of the steamer, James A. Wotton; to er, Mr. Cope; the chief engineer, Mr. Thompson to ‘the olficers, steers. | men and crew, our mii and gratitude are [reely given to ther skill and courage; tw their heroic | fortitude and resistance against the #ix snocessyy orth , tempest and harricance, which, and bowers, are without exampie in tho recorded annals of the veean.’ While we tuus publicly day Ubank those brave and skilful men, who, Diviae | Provi the worthy agents of our gifety, | bat the nobie vessal itself—tbe Fa ton— | should not be passed without our ati steamship of less #trength and % could never have escape rerve the sacred cause of hurnan ovean Steamer to tue just apprer our fellow citizeus aud the public generally, The Count Joaues A. H Glementa, lomme oe Lettres, Unites es 5 Pistia 1 Unites States ‘Consal, Edward 1), Gunesché, 8. D. Howell, A. Gallatin Stevens, Barve! P. English, Hi. Tiomas, ‘thas bringing ot Rittershauge, ». Killger and family, Poilatolphia Franceseo Auge; A. de Hilledu, Ei ehart, Charles R. Webb, of the “Ohbarter Oak,” Chariot L. Guilleaume, Hevry L. Lefinn, Geo. G. Byron, Ernest Dressel, Jr.; Richard A. Schuabel, Philip Rhein, H, Carl Power, HL. Gaesmann, Barrab Leon, S$. P. Armstrong, Jobn Totting, F. Ameetoy, G. KE. Schulze, Charies Forbes, and Others. ed on board the United State mail steamer Fulton, Off the entrance to New York harbor, January 3, 1560, people passing. simply absurd. at Comayagua, Interesting from Honduras. | WOULD THE VILIBUSTERS SUCCEED IN MARCHING THROUGH HONDURAS—TBE ROUTK AND ITS DIFFI- CULTIE: A highly respectable gentlemen, who has recently re- turned from Honduras, and bas a thorough knowledge of the people and country, assures us that the report of the sympathy of any of the people there with the filibusters is entirely faige, and in Nicaragua, where the “ing and the outs’? are always quarrelling, both would bury the hatchet and make common cause against the invaders, ‘The Atlantic slope of Honduras is very thinly settled, without any villages where sustenance for ten travellers can be obtained. The road from Omoa to the interior is | aitnply a mule path, and extremely hard for foot passen- | gers. ‘The rainy season is at Its height in January on the Atlantic slope, and any body of men cannot penetrate into the interior except from March to Juno, on account of the mud and absence of supplies, In these months large droves of cattle are brought to Omoa, and trains of thirty and forty mules daily pass. A body of men landing at Omoa or Puerto Caballos would the first day get to Rancho Grande, two houses at | the top of the pass of the mountains, six leagues march; here two or three pigs might be found and plantains. Second day, to Candelaria, at the foot of the mountain, onthe plain of Sula, four leagues; threo huts of negro families, who may have a little corn and plantains, Third day, to San Pedro, eight leagues, a town of 1,000 inhabitants, where plantains and beef may be had. Fourth day, to Choloma, a village of fifteen huts and cattle haciendas in the vieiity, ix leagues, Fifth day, to Portrevillos, six leagues, a village of mu- lattoes, who live on corn and plantains. Sixth day, to Yojoa, a town of some importance, eight leagues, where cattle can be obtained, To this point the road from Candelaria is principally one long mud hole, the country very level and the woods very thick—tropical, In the dry season muleteers take twelve days'to come from Omoa, but in the rainy season it is im. possible to encamp, as there are no scattered huts on the road, or settlements or clearings of any kind. Seventh day, to Santa Cruz, a village of twenty huts, on bigh land, four leagues. Kighth day, to Canchia, a sugar plantation of four acres and two huts, where a little corn and sugar cane can be obtained, seven leagues. Ninth day, to rancho Santa Rosa, one hut of a negro family who live on plantains, six leagues; very fatiguing, over a mountain. ‘Tenth day, Miambie, small town; live on plantains and corn; considerable sugar cane here. Eleventh day, to Carizal, on the top of a mountain, six leagues; Village of twenty houses; plaintains and corn, possibly cattle. ‘Twelfth cay, Las Cuovas, over very steep mountains, six leagues; a village of five huis, on the top of a mountain, ‘Thirteenth day, Guasistagua, over a mountain, six leagues; this is a cattle hacienda, Fourteenth day, Comayagua, eight leagues, over a mountain; do not pass a hut or rancho until within half a league of Comayagua. This city is on a large plaw, and sustenance can be obtained. From Yojoa to this point the road is a succession of mountains and valleys, very ab- rupt, and in hundreds of piaces the path is worn deep into the soft sandstone, so that no mule cao pass another for hundreds of yards at a time. The climate in January 1s delightful, and free from rains. This time of fourteen days is with mules; and provisions—which even freight muleteers carry—of dried beef, they prepare previous toatrip. Each day is a long mule ride of eight to ten hours, and a body of men wouid haye to rest, halt to cook, to collect forage for man; ediments otfer,at ieast tweuty-eight days will be required. From Comayagua to Naicome twelve days, and to Leon eight more; but a body of men would require forty days. The county is more thickly settled; the inbabitants have horses, aud, if they chose to drive the cattle out of the route, they’ would starve out any As tosympathy with any invasion, it is President Guardiola bas four hundred men, well armed, ‘There are plenty of passes oa the road where ten men could keep one hundred at buy, particu- larly between Omoa and Comayagua, where the dense, tangled tropical forest obliges every one to keep in the path. As to provisions, most of the people live on corn and plantains, and cultivate sufficient for their own use only. Cattle are raiged in some parts in plenty, but on the first news of an invasion every hoof would be driven off trom the route. The Case of the Bark Ardennes. PUBLIC MEETING IN FLORIDA IN RELATION TO THE ARDENNES, RECENTLY HELD AS A SLAVER. We before announced that the bark Ardennes, un“ der command of Captain Antonio Pelletier, which was seized by the United States Marshal at Jacksonville, Fla., on suspicion of being engaged in the slave trade, had been released after an investigation, On the 28th ult. the citizens of Jacksonville held ameet- ing in relation to the matter, at which the following resolutions were passed:— Whereas, the bark Ardennes, Captain Antonio Pelletiers recentiy arrived within the waters of the St. John’s river, at Jackgonville, Florida, a port of the United States, from the port of Havana, Island of Cuba, bound to the Canary Istanag upon a trading voyage, with a cargo of as- sorted merchandise, suited to the trade; aud whereas, goon after ber arrival, an affidavit was made by one William Grothe, in his private capacity as an individual (altbough’ holding the office of the United States Deputy Marshal for the Northern dis- trict of ae that he was informed and believed that Capt. Poiletier had fitted out the said bark for the purpose of procuring negroes from some foreign country for the purpose of making them slaves, &e., whereupon a war- rant for bis arrest was granted by Judge Melotosh, and the said Pelletier was obliged to give bail for his appear. anee to answer for examination; and whereas, algo, a libol was filed on the 6th day of December, 1858, ‘by Mr. L. L Fleming, Deputy District Attorney for ‘the United States, upon sal! bark, after the arrest of the captain, for the avowed purpose of examining her cargo to procure testi- mony against Capt. Pelletier on his hearing, which libel was not dismissed until the 27th inst.; and Whereas, after a thorongh, patient and elaborate examination of the tes- timony produced by the prosecotion, continuing six days, Capt. Pelleticr was honorably discharged from arrest by Judge Mcintosh, the court giving to said Capt. Pelletier a certificate that there bad not been any evidence against him in gaid examination; and whereas, in consequence of theee proceedings, tue captain and his guid bark have been port more than one month, against the sts of the sald captain and the owners of > citizens of the town of proceedings have been commenced and prose 10 the unjust detri- ment of Capt. Peliever, but that it is highly prejudicial 1nd injurious to the commerce and trade of our port aad . aud carried ou by , feelita duty to dis- articipation in or approbation of the informa- by Willlam Grothe aforesaid; and in furtherance with Captain Pel- ericuced since his arri- her cargo Jackson le, belie claim ar tion mac ther of Resolved, That we deeply sympat letier in the misfortunes he has ex) val iv our port. Resolved, That the arrest of Captain Pelletier and the detention of bis vessel upon suspicions and vague rumors Was « high handed mengure worthy only of mercenary in- formers Resolved, That as citizens of the flourishing town of Jacksonville, we reprovate the course whi J in this matter to end by this rebuke to ean 10 power hereafter to beware hey tale Jows of their brain as evidence of fact,’ to impli- and oppress the innocent while engaged in a legiti- mate course of trade. Resolved, That the evidence adduced in the investiga- tion of the cbarges against Captain Pelletier au! the bark Ardennes showed conciusively that the information on which the arrest was made and ,the bark detained was based solely upon street rumor and goseip, and that the informer, Wiliam Grothe, making the information as a private citizen—although holding the office of Deputy United States Marsbal and Vostmaster—was actuated, ac- cording to bis own avowal, by the motive of a pecuniary benefit to himself by the contiscation of the vessel, and not by any morai or official duty. Resolved, That onder ai) the circumstances, and from the results of a prolonged examination and detention of the captain and hia vessel, that the whole proceeding ‘was inconsistent with the laws and constitution of the United States, and one which entities Captain Pelletier to fuil, ample and exemplary damages from the United States, for the detention and injury the bark and her rgo’ have sustained, ag niso the highest penal damages from the instigator of the proceediag for his pergoual arrest observed with pleasure that Captain Pelletier bas borne himself with great decorum as a law abiding citizen, under the trying position, and that the good behavior aud’ dia- ne of his crew bas attracted the attentioa and ob- tained much praige from our citizens. Resolved, That a8 business and commerce will and doew seek those ports which afford the best facilities tor it, we have no other object in view than to protect our businees and town, aud to give our views that the receat st and detention of Captain Pelletier and his vessel ‘ap not by the wish or desire of our citizens, bat an act done by offi ints uot interested or connec with the com. merce of the district, The Burdell Esta to be Swallowed up tn Counsel Fees. SUPREME COURT—SPECIAL TERM, Before Hon. Judge Southerland Jan. 5.—In re, Estate of Harvey Burdell.—On the 18ta ot December last the Surrogate granted an order allowing to George T. Bolen and 8, J. Tiiden some $2,800 counsel feos for services rendered in the settlement of the Burdell stato; and a farther sum of about) $1,109, charged for making short hand report of tho proceedings before the Surrogate, The Surrogate ordered the moncy to be paid | from the personal property of the cetate. Mesers. Bulen and Tilden now allege that large sume have been paid out to the other counse! amployed, and that timre is now not enough personal property tw pay the above allowances, They therefore move in this court for a new order, based on the order of the Surrogate, authorizing the pay ment of these sums to be made from the moneys derived froan gales which bi been made of rom) etate. The motion is resisted by the administrator and several of the heirs, ou the grounds that the Surrogate had no jurisdic tion to make the order in the first instance; that the coun Nearo Sations ww Fronma.—The law requiring the incarceration of free negro aailors in all the ports of | Jdorida during the stay of the vossel to which they belong | 006 bean Copealon by We Logisiature Dow in season. fel fees and charges allowed were exorbitant: that the Bragent motion cautiot be eutortained by the apeciat term of The Supreme Court, but @iould have been made before he general term or else before the Surrogate. Deotsion cower ved. 'The New Haven Divorce Cate. BENNETT V8. BENNETT-—DECISION OF JUDGE WALDO— A DIVORCE GRANTED TO THE LADY—ONE-THIRD OF THE PROPERTY GIVEN HER. | This case has been under my attention so long, and as I have: to commence the trial Of another case in another place to-morrow. I have concluded to decide it now. I ‘will not go into details, but will give merely the results. As bas been correctly stated, this is a pettion for divorce, \ brought by Mary A. Bennett against George Bennett, chargivg him with the commission of tyo of the matri- monial offences which the statute of tis State ren‘lers suflicient to warrant the granting of petitons of this kind. The first offence charged is intolerable cruelty, and the other is such misconduct as destroys the happiness of pe- utioner, and defeats the J ajo of the narriage reiatioa. ‘The defendant answers this petition by mying, in the first place, that these allegations are not true, he also sets up that ‘the acts committed by him iave been con- doned and forgiven. Ho alleges furher, that since the commencement of this petition parties have cohabited together as busband and wife; also that petitioner herself has been guilty ¢ all the viola- tions of duty charged upon him; that st has been guilty ofsuch misconduct as destroys his ness and defeats the purposes of the marriage relation. reply on the part of the petitiouer is, in the first place, rea filrm- tng allegations in the petition and denyng any condona- tion, and alleging that the cohabitation vas from coercion and necessity, and while thus cohabitin; that the respon- dent bas been guilty of other missonduc! This replication is traversed or denied On part of the resjoudent. The evi- dence as fo facts set up by Dr. B. in hisanswer, I under- stood while this petition was on trial, micit be applied either to the petition of Mrs. B. or to th¢ petition of Dr. B. asking a divorce from her, so that both nay be considered ason trial. In relation to the law of this case to which my attention has been called: before tle year 1843 no di- vorce in Connecticut could be granted br the causes here set up in these petitions. As early as L607 the Legislature of Counecticut made provisions for diverces from the bonds ot matrimony; in the act then passed, mw almost two han- dred years ago, it provided that divores might be grant- ed for adultery, wilful absence with taal neglect of duty for three years, seven years’ absence urheard of, and for fraudulent contract. Tbe Jaw so remaixed from that time 10 1843, when, in consequence of the aumerous applica tious made to the Legislature, and of the trouble and expense of applying to that body, & law was passed, addin, two other matrimonial offences,’ for which courts could grant divorces, namely, habitual intemperance and intole- rable cruelty. These causes, it was then thought, em- braced nearly ali the causes of divorcefor which petitions would be brought; but in 1845 the Supreme Court of Errors so construed the language of ne statute, “ into- lerable cruelty," as to disappoint many members of tue rofcesion, and to circurvecribe the ojeration of the law. ¢ case decided was the case of Shawvs. Shaw, in which the court say that the cruelty must beof such a character as to be intolerable and not to be bone. The courts in Great Britain have detived legal cruelty to be such as endangers the life or health of the prty. These courts say that words cannot amount to legal cruelty. I had occasion last summ-r to examine this subject very criti- cally and at great length in a case I had at Hartford. [ examined the English authorities in these cases, aud | found from a compilation of them tnt the facts more generally adduced were: first, persona ill treatment, suc as blows or bodily injury; secondly, threats of such’a de- scription as would excite in the mind 4 sense of personal danger, excluding all words of contumacy and reproach The firet question in this case is this: Has the petitioner proved that respondent has inflicted ypon her blows or bodily injury, or threats of such a desription as to excite a fear of personal wjury? Icannot g¢ into this body of facts which I listened to for twenty Jays, and which I have collated with great care. It is stfficientto say [must answer the question in the affirmative. I think I must find the fret question in the affirmatiw—that the respon- has inflicted blows, and that he tas used threats to- wards her of a character to excite fers. of bodily harm. T might allude to the acts which took place in the presence of the brother of defendant, when tut brother felt called upon to almost seize hold of defendant to vent violence. The Legislature, in 149, added still further to the list of criminal ofences, so as to make the law more nearly corfespond with the views of those who had been engaged in the passage of the law of 1843. In 1849 this new provsion was inserted. ‘This misconduct, in my judgment, prowded for by the law of 1849, consists of acts of annoyance which do notamount to intolerable cruelty—such as “ asperities of temper, in- dulging in violent bursts of passion, wrds of abuse and reproach, scolding and various acts pf unkmdness, and neglect of those attentions due to mitried life, the innu- merable apnoyances which are sometines resorted to by an ill dispoged person to torment anotler.”’ It is difficult to define it; the statute defines itself. uld say here that Ido not entertain but repudiate the iyea that the Superior Court has jurisdiction upon everytling in reference to divorce which the Legislature might upon, But the court, when called upon, must find sich facts as will satis- fy the mind of the trier that the purposes of the mar- riage relations are defeated, and the happiness of the petitioner destroyed, When these facts are found the duty of the court is plain. Ix this case I have no difficulty in finding these facs in the affirmative. I will not allude to the eviderce, because I do not deem it necessary to go through the almost thou- sand facts to which I have listened. These facts being found, the petitioner would be entitled to a divorce if there was nothing else in the cage. But the respondent says these acts bave been condoned. Condonation, the books all say, is an act of the mind, and literally means forgive- ness. It is nothing else. A matrimonial offence is con- doned when the party offending has been forgiven by the party aggrieved. It may be expressed or implied. It expressed, there can be no doubt. When implied, there may be much doubt. We have already, in Connecticut, decided that the crime of adultery may be condoned. It the wife cohabits, knowingly, or having probable means of knowledge of the commission of the crime, she can have no divorce for that act. There has been considerable con- troversy in this country and in England whether cruelty can be condoned, but it is well settied now that it may be, the same as adultery. But, not like adultery, co- babiton is not necessarily a bar to ‘he wife’s suit; and for very reason, Suc cohabitation may be voluntary, or not be forced or fraudulently brought about by the husbmd, and whether such connubial acts act as a bar musi depend on the circumstances of each case. Is there evince enough to satisfy the mind of the trier that the party offended has forgiven the offence? If such conduct may be condoned, 1 think that apy of the causes for offeace may be con- doned—any of the matrimonial offences, when the party fairly, voluntarily and understandingly forgives the other party. Here there was one act of condogement on the 23d of August, 1855. The contract tien mhde, expressed in terms what the law implies. To every epndonation the Jaw attaches the condition that like oif-nces shall not be repeated, and that the forgiving party shad be thereafter treated with continual kindness—not merely that the crime of adult®y will not be committed, Unt that he will treat his wife well in all other regpects: One case has been decided in England—I have forgottet. the name of it—in which it has been held that not only @ndoned adul- tery may be revived by cruelty, but bycruelty not of itseif authorizing a separation from bel and board. While it is held that these acts of condonation apply to every matrimonial offence, the courts also” hold that the Jorgiving parfY must be treated with uniform kindness; any ast of cruelty und unkindness destroys the coudonation, aad then a suit may be brought for the original cause of aftion, T must confess that the evidence is strongly such tIpt all the acts done by Mr. Bennett to his wite hav¢ been revived by his subsequent mis ct. I thereiom think, so far aé the acte of coudonation are concerned, they may be all left out. Tam bound to find from the evidence that the cohabitation since the petition was brought was, in the language of the replication, from necessity Bnd coercion. As soon as she could get away she went. e says— and there is nothing to detract from it—t she was driven from her husband by bis unkind act. But it has een said that the petitioner bas committed some matri- monia! offences which are sufficient to prevent her froma sustaining ber petition; and this brings up the question of compensation or recrimination. There is a quetion of some little importance to be settled, that will have to be settied by and by, whether it is competent for a party to set up one kind of matrimonial offence as a bar to jr kind— whether Le can set up adultery as a bar to apother and a Gistinct matrimonial offence. It ie not necesstry for me to decide it. That it is competent for the party to set up recrimination “in kind,” I entertain no dubt. If he charges her with adultery, he may say, “80 have you: if the charge be for intolerable cruelty, she ay make the fame. This is upon the genera! principle, which is well settled, that a man cannot obtain legal redress for wrongs unless he is free from the wrong about which he com- plains: if he complaing he must be free fromfault on the xame point. Tn Missouri, where their statule is different from ours, it bas been decided that one office may be used by way of recrimination against anotherof a different kind: in Pennsylvania they bave decided thit it cannot. These are the only two cases where the subject has been before our courte, Has this petitioner been guilty of such m.sconduct as to defeat the purposes of the marriage re- jon? This involves the question whether the petition on the part of respondent should be granted. here, that 1am eompelied to give a negative answer. [ find by all the facts that she hag not been guilty of such misconduct ag destroys the happiness of the petitioner; but I am sensible here some of the witnesses have sworn to facta which, if true, prove it most conclusively, and I should be obliged to ed find, if I believed the witnesses; but I do not be- lieve the witneeges. The story of these witnesses, in their most material parts, are contradicted. In some instances they ave proved to be tncorrect. In others they are too dible to be believed. Ican’t believe a witnes? who a story contrary to everything I bave ever known seen. Iu some instances they are inconsistent with the known and admitted facta of the cage, and with ail ex- perience, and repugnant to common sense. Some of the withegses exhibited euch feelings of hostility and partiali- ty as ay to give them credit in the mind of @ person wishing to have evidence advanced impartially. t of the evidence against the petitioner comes from her owa Some of the facts claimed, It is proved, Dever r how uncertain is the metnory tions of persons, I think we ought to receive them avd weigh them very carefully, beeause the wit- nosseg often are apt to clothe the ideas in their own lan- sage, when the change of a single word affects the sense. This was strikingly iluatrated in a certain case, when tue Judge, in charging tho jury, told thom that the prisoner bad admitted that he was the maker of o note, The prisoner corrected the Judge by \sawoahe ms that be ead “I know the maker.” The Judge correc himeelf upon thts suggestion. it changed the nature of the evidenog in the cage, and caused the acquittal of the weoner. Admissions, when knowingly and understand- faviy made, often furnish the best evidence, but when made casually and loogely and reported from recollection after a series of years, are not of much effect. I will not +ay that in the facts proved as to the chatacter of Mrs. B. ‘ont say she is a perfect woman. The evidence is such fe to show that she bas whe paasiona incident to hitanat- aeuer she bas shown temper towards her husband— ehe hag admitted it in three instancer. It would be strange if sie had not. I think she hal some oxat set hor on the part of her husband. Where fault exists [have al- ways (ound that it is not entirely on one gide, It is apt to Ve mutual, I must grant this divorce, and negative the petition of Dr. Benneit. In relation to the guar ship of the children, 1 have spent much time in reflecting upon it, Tor satisfied the mother ought to have the gu: diouehip for the present. Although J think the fat las been at ines a littie Garcicas, yet 1 Caiuk it ought to he provi ed that be shall have the privilege of seeing and visiting them, and that the decree @hould be drawn In re ference to the children, the same ay the order of my bro ther Butler, and that they shall not be removed from the Malo witboot bie permission. There ie one subject more-— Whether anything, wud f so bow much, shall be allowed NEW YORK HERALD, THURSDAY, JANUARY 6, 1859. ‘ : *t find the Doctor s»rictr : to Mrs. B. limony. I not mM tO be. Bosides, 1 «1b: man ag some have thougl tial part of his prey i8 ested in his wif” wt dren already; a i )e! the re some artic fo» which the D 6 con ed, andothe » w ch | am compelled + dhe has, 1 the evide ©, | ougn no. ad by him. As tot © ealestate, ore cau ve vr dou, The life estate other real estate ig wor. 213 (0, as appraised by. \'s own wituesses, Whi: th: fe interest of a man thirty-cight years old woul!‘ worth ig a matter of some little doubt, I find the tcblos differ, My own judgment, perhaps, is not reli: ¢. T have sometimes doubtet what 1 ought to put it at. I’'vo no doubt about the real eétate. Horses and carriages and furniture, notes on time money loaned, $400; priuting press, $400; stock in trade, $300; cemetory lots, $300. So that there is something like $2,800, besides ‘real estate. The question is whether the avails of the mortgage of $4,100 have been disposed of. I think Iam bound to find money ig still in exist- ence. Three thousand of it was paid last April, when the Doctor said he had no use for it. There is a mortgage of $1,500 toa Mr. Button. Tho Doctor says the money is “gone.” The exact amount of his property depends al- most entirely upon his life catate, amd on that I’ve somo doubt, I am satisfied bis property, as proved here in court, amounts to moro than $12,000, and I think it will exceed $15,000, but on the question of alimony I am limit- ed to not exceeding one third part. In thiscaseI have thought proper, and therefore do decree that respondeut pay the petitioner, within sixty days, the sum of $4,000 in cash, (Joud applause from the audience), the decree to be made up this evening, and I will meet the gentlemen to-morrow, at the Library Room, 1 have it properly The Spiritual Divorce Case. MRS. CORA L. V. HATCH APPLIES FOR A DIVORCE FROM HER HUSBAND, DR, BEN. HATCH—HER COM- PLALNT. During iast summer rumors were rfe among spiritual- ‘sts that Mrs. Cora L. V. Hatch, tho trance medium, was about to apply for a divorce from her husband, on accouat tf alleged ill treatment on his part. It was subsequently stated, however, that the matter had been settled by the good offices of mutual friends, It seems, however, from a complaint recently made before the Supreme Court by Mre. Hatch, that she intends to get rid of her present hus- band, if the law will second her wishes. The complaint sets forth— ist, That the parties were marricd in Attica, in the State of New York, on the 7th day of br yined 1856; 2d, ‘That since then they bave resided and have been actual re sidents of the State of New York. 3d, That during their married life the defendant has treated piaintiff in a cruel end inluman manner, as hereinafter stated, to wit: 4th, ‘Ihat before their marriage, and some time in July, 1854, the defendant made to plaintiff the following represent: tions: "hat he had during the space of the last two or three years then just past been a practising physician in the city of New ons and algo that be could command a large business as such practising Physician in said city; that his practice was worth about $10,000 a year, and’ that when tnarried he could supply his wife with all’ the com- forts, advantages, conveniences and refinements of life which would be expected to be enjoyed by and naturally belong to the wife of a physician in good standing in said city, aud which would be required by the society in which she would be expected to move. These repre- seutations plaintiff alleged to be faigo anduntrue, and that she believed defendant knew they were at the time he made them; aud that he made them for the express pur- pose and with tho design of deceiving her. 5th, The plain - Uf iurther atieged that notwithstanding the representa- tions made by the defendant, that since their marriage the defendant has not done any practice as a physician in the city of New York or elsewhere, nor has he made any ef- fortto get into practice; that he never has made an efiurt to get into business or to do anything for himself, but has ever since their marriage been depending tor his support entirely upon her labors. 6th, That shortly after the marriage, in October, 1856, by the request and solicita- tion of the defendant, she consented to give, and has since iven, various and different lectures in the cities of New ‘ork, Boston and elsewhere in the principal cities of this and other States, and that the proceeds of such lectures amounted to many thousands of dollars, and as plaintiff belived, to at least six or seven thousand, the whole of which defendaut has confiscated to his own personal use, except the sum of $700, as will hereinafter more clearly appear;and also what may have been expended by defendant for their current expenses and mutual support. The plaintiff consented to give the lectures as aforegaid, only upon the express condition that the de- fendant should provide comfortably for the mother of the plaintiff, and the defendant positively agreed to do 80, and onl; it condition did plaintiff consent to give pub- all; yet the defendant has never paid to or for the mother of the plaintiff more than ten dollara, and in the meanwhile said mother was in want of the necessa- ries of life. y7th, That in January, 1858, while the ies were stopping at a friend’s house in Clinton avenue, - lyn, the plaintiff requested defendant to give her some mo- ney, or SP agents tor her some flannel for und ts, to which the defendant made reply by asking her if she could not make said ents out of an old flannel blanket which he had, but which was entirely insufficient for the purpose required—waa too thick, coarse’and heavy, aud notatall fit or in any way adequate to supply the wants of the plaintiff, az the defendant then well knew; and he then and there absolutely refused to grant the plaintiff's re- quest, at the same time knowing she was destitute of said garments, and was suffering in consequence there- of; and plainwiif further stated that during the whole time she was engaged in delivering said lectures, and during the time of their marriage, although the defendant at times provided for her expensive and showy gar- ments as a ota, he has never provided her withany ‘ments of flannel, though often requested 80 to do, but as lett her destitute of suitable under garments, exposed to the inclemency of the weather, so that her health has -been constantly in danger, and has been sometimes seri- ously impaired thereby. 8th, That the defendant has fre- quently refused to provide for her riding to and from her lectures, and has compelled her to walk in inclement wea- ther, and when illy prepared for such exposure; that dur- ing the month of March, 1858; and almost any month in which plaintiff bas given lectures, and when she had just been giving a lecture in New York, and was exhausted from the exercise of such lecture, and from the abstinence from food preceding such lectures, she made request to defendant to procure for her more delicate and nourishing food than the common kind, but said defendant refused and utterly neglected to provide it for her, and she was then, as on numerous other occasions of a similar kind, greatly in need of such food, and seriously felt the want thereof, Also, at other times and circumstances dvfen- dant refused to provide for her suitable nourishment. 9th, That he has frequently neglected to provide board for her, but bas accepted invitations to private houses, whero he stayed till the welcome was worn out, and she sub- jected to the mortification of knowing that it ‘was £0. 10th, That he bas never given her any spending or pocket money, except on one oc- casion, his uniform practice being’ ouly to provide for actual expensee, inquired into and determined before hand; aud that he did not trust her with any discretion as to money matters, except in one instance, and then the amount was only two dollars; and plaintiff further alleges that the penuriousness of the defendant descended to the smallest things, and that he would count over the clothes she had prepared for the laundress, and find fault that she had sent too many; and plaintiff further says that the defendant bas never provided ber with a home, but left her dependent on the kindness of friends for a temporary residence; and that instead of his social position being good, as before their marriage he had represented tu plaintiff, when he came to New York he had no female acquaintances to whom he could or did introduce her, but that he introduced her only to men, and they uot fit society for afemale; that one of these,’Dr. Folsom, was introduced to plaintiff by the defendant, soon after their marriage, while boarding in Bleecker street, N. ¥.; that defendant then told plaintiff that Folsom was one of his friends, and a very nice fellow; that not long afterwards defendant told her that Dr. Folsom bad lett his wife in ew Bedford, and was. liv! ng with another woman tm New York, @s near ag plaintiff remembered, Twenty seventh street, and this he told as a piece of information, and not as a warning, and at the same time expressed his friendship for Dr. Folsom. That he also introduced to her, as his particular friend, one Dr, Lyone, an associate of Dr. Folsom; that the defendant told plaintiff at the time that he would not trust any woman alone with Lyons, yet at the same time he continued to associate with him, and at every opportunity brought him into the society of ‘plaintiff; and that Lyons continued to cail on plaintiff for more than a month thereafter, but then left the city of New York for parts unknown, to escape being lynched by exasperated husbands and fa. thers. That subsequently to the arbitration hereinafter set forth—namely, after the 25th of October last and on the 13th of November—while plaintiff! was living apart from her husband, according to the articles of agreement settled by the arbitrators and agreed to between the par- ties, and at the time that she was residing at the house of William A. Ludder, in Clinton avenue, Brooklyn, the de- fendant came to said house at aboot 6 P. M., bringing with him a policeman and the said Dr. Folsom, for the express purpose of getting possession of the person of plaintiff, ana of carrying ber away by force. That they entered the house; that defendant rushed hastily into the room where plaintiff had concealed herself in order to escape from him; that he then seized her with both hands, and was dragging ber away by main force, at the same time giving her to understand that he bad come there ex- preesiy to carry ber away, and that he bad determined to accomplish bis object; that ehe then calied for assistance and was released by Mr. Ludden, whajgent for policemen and prevented defendant from using further violence; that ence that time the defendant bas accosted her in the street when she was unprot nd used barsh and se- vere lauguage to her; that by gesticuiation and the use of violent and abusive lan: guage, the defendant Las threatened her wit personal yio- jence, and has excited just apprehension on her part and others that he would suddeniy aesail her and do her great bodily injury, aud carry her out of the State of New York; that be has followed piaintiff against her express wish, and has aesaulted her; that the defendant is a man of large #ize and great ph strength, and has in his employ gome pereons of vicious habits, who, plainti® bas every reason to believe, are planaiug to carry her off by personal force, and inflict gome se- rious injury upon her; and that thereby she is subject to great ard constantanxicty as to her personal safe. y. And for 8 sec ud and separate cause of action the piainti? alleged that the defendant had been re- peatedly guilty of such conduct toward her since their marriage ax to render it unsafe and improper for her to cobabit with him, and for such allegation the piaintit referred to the Ist, 2d, 3d, 7th, 8th, ¥th, 11th, 12th and 13th articles of the complaint. The plaiatiif fur- ther alleged that about three months after their marriage the defendant boasted to her of bis infidelity t his former wife, and of an illiett Intercourse with others; and he gave her to understand that bis power and influence over fe mates was such that he could have illicit intercourse with them, eaying that, ‘had he access, no married woman could withstand bis powers of seduction.’’ The plaintiff ferther etated that the defendant, in her Faget had been guilty of ###%, and other immoral offences, tb the damage of ber health and delicacy. That he has intro duced her to the society of a fe of abandoned charac- ter, was intimate with such female, and was guilty of fa. miliarities with her in his wife’s presence; that ho caused plaintiff to associate with ber, aad treat ‘her as an equal; that be kept the miniature of such'female among his pri: vate things, thereby wounding his wifo’s delicacy, and causing ber to be suspected of keeping association with an abandone! female; and that, at sundry other times not herein eet forth, the defendant bad been guilty of indecent and immoral practices, #0 as tw render it Unsafe for there peatedly in various manners, | ree, self selected the terms of arbitration—and the arbNra- | the fact that the sudden discovery of such large necesst. tors, that they should sabmit all their aifuirs aud matv™s | ties on the part of a State so prosperous as New York, to the arbitration aforesaid for final devern ‘» thelr mutual friends, Dr. A. D. Wilson, Jan and John W. Fimonds, whom they mutual should be arbitrators, and whose decision shoul be final | and irrevocable, bat after all the matters bad been submitted the arbitrators awarded that the parties should live apart, and also assessed defendant's property, wich, belonged to plaintiff, at $3,000, but all of which plaintiff relinquished to defendant, except 3700, which was in the | hands of Mr, Mapes, That, notwithstanding the sait agreement, defendant endeavors tw obtain possession of her pergon by force, &. Wherefore the plaintul asks for judgment of a separation from bed and board of defen- dant, and also for an injunction restraining defendant from interfering with or exercising any control over her, or from entering any bouse where sho may reside. The complaint embodying the above ‘acts was sworn to ly Cora L. V. Hatch, before Thomas D. Sherwood, on the “6th day of November, 1858, and is now filed in the Couu- ty Clerk's office. ‘The Steam Frigate Wabash at Matta. The following extract is taken from a letter dated at Malta, Nov. 29, 1858;— ‘The United States steam frigate Wabash, Capt. Barron, and bearing the flag at the mizen of that gallant old officer, Lavalette, left this island yesterday afternoon, bound to Leghorn and Genoa. During the four or five days this beautiful ship remained in this harbor every attention was paid to Flag Officer Lavalotte, Capt. Barron, Lieut. Rodgers, Purser Harris, and indeed to all the other gentle- men on board, by the Governor, Sir Gaspar Le Marchant, Admiral Fanshawe, as also by Admiral Codrington, the eldest son of the late Admiral Sir Edward Codrington, who fought at Navarino in 1827, and received his orders from the King of England in these memorable words, “ Go it, Ned,” which caused, on that occasion, the almost en- tire destruction of the Turkish fleet—a political mistake, which, to this day, is not forgotten, I had aimost omitted to mention that brave old General, Sir John Pennafather, who has been wounded in several fights, and won his last honors on the heights of Inker- mounn in 1854, as being among the first in authority who called on Flag Officer Lavalette, and invited him to dine, as also Capt. Barron, to meet Gen. Warren and all the colonels in command at this island. ‘This invitation was accepted, and could not have passed off more agreeably. In justice also it should be stated that the wagdroom officers of the Martborough and Princess Royal, two very fine line-of-battle ships, invited ours of the same rank to meet them; and such would have been the case, as lam informed, with those on board the Conqueror, had nut Capt. Yelverton, who commands her, just lost his wife, the Marchioness of Hastings, at Rome, where she sud- denly died. Lord Dutterin happened to be here in his yacht, and gave his dinner also. He is favorabiy known ty ‘an interesting work which he published not long since of. bis ** Wanderings or Travels in Northern Clines.’’ His writings are of a Sheridan’s turn of mind, and rightly he comes by It, his mother, who is with him, being of that family. T have been thus particular in recording the many ci- vilities which were so recently shown to our countrymen of the Wabash, simply because they were extended in a frank, cordial aud hospitable manner, and with a total ab- sence of red tapeism, strict service, or formal etiquette, which is too often observed iu foreign intercourse. Even the stately formality and studied rigidity of a Governor’s reception was altogether forgotten, and Jady Le Marchant, ‘80 great a favorite when residing at St, Johns, Newfound: land, and at Halifax, Nova Scotia, quickly recognized Flag Lieutenant Corbin, and kindly inquired after the Commo- dore and some other officers whom she had known when with him in America ona former occasion. Adiniral Fan- shawe, in command of this station, had sent out his cards for a large dinner party on the 27th of November, when a telegraphic despatch came most unexpectedly under wa- ter from Cagliari to inform him of his brother’s death. ‘This sad bereavement of course prevented its taking place, and the admiral is now in strict retirement. Should this notice reach the eye of Lieutenant Rodgers, I trust he will excuse my mentiouing his name, or ia any way referring to him. Fourteen years agoI fo:med his acquaintance when attached to one of our ships and young in the service. The promise he then evincea of be- coming a most efficient officer has been amply verified, as the Wabash is in beautiful order, and her fine crew under the most perfect contro!—no littie praise, when it is re- membered that our frigate was lying with several English liners around her, and where, with or without icave, there are so many temptations for seamen to have a rambie in this garrizon town. Such is the discipline of the Wabash, that while hore there was not a single case of desertion? and as to intoxication, it is a vice almost unknown among the six hundred men who are now serving on bard. It will gratify the many triends of the chaplain to be informed the Rev. Dr. Watson, who formerly was so well known and highly esteemed as the rector of Trinity church, at Boston, is perfectly well. Our intercourse was the more pleasing as it strongly reminded us of days long jin 6 when more than thirty years ago we were mem- re of the same congregation, ‘and listened to those sound religious and practical discourses for the delivery of witich the late Rev. Dr. Gardiner was so umich distin- wished. x And now, in bringing this hurriedly written sketch of passing events to its termination, I would simply remark that Flag Officer Lavalette took his departure from Malta much gratified with the reception he had met with—never equalled in my day, unless it may have been when the late Commodore Hull, while travelling, accidentally found Captain Dacres at this island, (of which meeting I pub- lished an account at the time.) or when, more recently, Commodore Smith, now at the head of a department at Washington, was in command of our squadron. W. W. The Lottery Policy Business. JUDGE RUSSELL'S DECISION—WoOD, EDDY & CO. HELD TO ANSWER. Jan. 5.—This morning Judge Russell delivered the fol- lowing decision in the case of Wood, Eddy & Co., charged with being engaged in the lottery policy business:— This case is before me on a preliminary examination, in order to ascertain whether acrime has been committed, and if so, whether there is probable cause to believe the defendants guilty. On the first point the statute declares “that no person shall, within this State, open, set on foot, carry on, promote or draw, publicly or privately, any lot- tery, game or device of chance, of any nature’ or kind whatsoever.” (2d vol. R. S., 4tlied., see. 27.) The 29th section declares That no person within this State shall vend, sell or barter, furnih, supply, procure or cause to be 1urnished or procured, or offer to vend, sell, barter, furish, supply, procure or cause to be furnished’ or procured, to or for any person or persons, any ticket, or part or ahure of a ticket, oF any paper or fustr a ment purporting to be a ticket or part of ticket, or to bea share or interest in any Ucket, or nuy certificate Of any share or interest In any ticket, or in’ any to ben ticket of any such lottery, device or ‘nor shall any person be aiding, abetting or assisting in the commission of either of the said dilences, The violation of either of the above sections of the statute is declared to be a misdemeanor, aod it re- lates to ali lotteries either in this State or in other States or countries, though they may have been authorized by the laws of those States or conntries. Tuis point was de- cided in the case of the Peopie vs. Sturdevant (23 We bondi and the decision confirmed by the Court of Appe: in the case of Charles vs. the People. (1 Comstock, 183.) The remaining question to be determined is, how far does the evidence in the case implicate ail or any of the defend. ants, and is there probable cause to believe them or either. of them guilty as charged? It was conceded on the hearing that Wood, Eddy and Murray were the propriétors or managers of the Delaware State lottery, located at Wil- mington, in the State of Delaware, and that Samuel Swan, Benjamin Wood and George P. Eddy were the managers, under the name and firm of Samuel Swan & Co., of the ta Academy lottery, drawn and located in Augusta, in the State of Georgia. ‘admission, coupled with the evidence taken before me, is sufficient to warrant the con- clusion that the defendants should be held to answer; therefore ordered, that they find bail in the sum of $3,000 or stand committed. A. Oakey Hall, Esq., said that on behalf of the accused he would not elect to have the case heard before the Court of General Sessions, go that he supposed—according to the fifth section of the Revised Statutes, chapter 337— his Honor would send the Papers to the, Shucial Sessions, the charge being only a misdemeanor. Judge Russell ob: served that the magistrate had the power to send the rs before the General Sessions or the Grand Jury. fe would send the papers to the Grand Jury, and if the counsel for the defendants chose, he could apply. to the Su- preme Court for a mandamus, in order to bring the mat- ter before that tribunal for discussion, Mr. Robert Holmes, counsel for the prosecution, asked if the defendants, who were on parole, were not compelled to give bail at once, to which Juage Russell replied in the affirmative. Muste and the Drama. Trauiay Orgra.—The (Academy will reopen for a brief ‘season tonight. Mile, Piccolomini, Signor Brignoli and other favorites are to perform in ‘La Zingara’’—the Ita- lian version of Balfe’s celebrated ‘Bobemian Girl.”’ Cincus.—Those unsurpassed gymnastic performers, Messre. Magilton and Dunbar, are to have a joint beuefit at the Broadway theatre this evening. They will, as usual, astonish their auditors by many wonderful feate. Bowery TimaTre.—The exciting melo drama entitled the “Knights of the Mist’’ will be follbwed to-night by Mr. Fox's lively comic pantomime called tho ‘Mag ‘eum: pet.” The whole will conclude with the historical play of “Captain Kyd.” Burtox’s.—The Bonxary Ballet Troupe are engage? at this establishment, aud will make their first appearance in a new grand divertissement to-night. The drama of “Uncle Tom’s Cabin” is also announced. Wattack’s.—The ‘Merchant of Venice’ retains poe- seesion of the stage bere. Lavna Kexwe’s.—The comody of “Our American Courin”’ is to be succeeded this evening by the dashing farce styled the “Married Rake.” Misses Macarthy and Laura Honey perform in the latter, American MuskuM.—The Wren children have tately won considerable applause in their pathetic little drama of “Ben Bolt,” as have ulso the Zavistowsk! juveniles in the pretty pantomime called the “Harlequin Villagers.’” Cotonen Orkka.—Wood’s Minstrels will to-night revive the popular extravaganza of “New Year Calis’? The Bryants are creating much fan with their burlesque on “Shylock.” The laughable farce of the ‘Double Bedaed Room” is to be the closing piece of Sniflin’s Campbells, FINANCIAL AND COMMERCIAL, Wepwrapay, Jan. 56 P. M. ‘The message of Governor Morgan to the Legislature of this State cannot but exercise a sensible influence on the importaat questions concerning money and railroads which are now agitating the public mind. It appears, in the first place, that the State officials have, in direct con- travention of the constitution, contracted a floating debt of over $4,000,000, which it devolves upon the present Legislature to legalize and fund, Besides this, at lonst two milliong will be absolutely easential te complete the canals. The State, therefore, may be expected to appoar in this market, at po distant day, as a borrower of no leas a sum (ban six millions of dollars, [t is ugelesq to conceal and the i!legat manner in which this debt of four millions wis contracted, are not calculated to strengthem public confidence abroad in American securities, Whatever the effect may be, however, there is but one | course to pursue; the debt must be funded, and our State debt of $31,000,000 increased pro tanto, The State will enter the market not at the most auspicious moment. | The general government requires $10,000,000 this mouth; | in the course of the year about $21,590,000 of Treasury | notes are to be provided for, The State of Missouri would | like to borrow $5,000,000. Of railroad bonds maturing this year there are perhaps €10,000,000 which will be honestly met, Altogether the prospect is that these loans will soon afford employment for all the money in the country. What aid may be expected from abroad in view of the bankruptcy of the Erie, and the condition of the Miinois Central, it is easy to determine. The message is equally instructive on the subject of | railroads. It appears that there are in thie Stx'» cighty- | eight roads, built at a cost of $137,000,000, onl) fourteen | of which pay dividends, leaving seventy-four ron ts whiots pay nothing to their owners. Go, orn organ, (ailing te discover reasons for this wholesale » ihilation of pro- | perty, calls upon the Legislature to insitute inquiry into | the subject. « ectors and my ers,’’ says the Gover- nor, “se°m ube to afford a gs. ution of the problem.” Many « e roads have actually failed to comply with the Jaw wiich directs them to report their condition to the State government; others have so reported as merely to misiead and confuse. AM, or nearly all, are in a state justifying grave anxiety for the future. Under the ciroam | stances, a legislative inquiry may, perhaps, be productive of some benefit; though we hope we may be allowed to say that the facts which an honest inquiry will develope ere no secrets to the constant readers of this | journal. The first, the great desideratum for our railway | system, is honesty inthe managers. Until our railways are managed by men who will tell the truth, and nothing Dut the truth, in their reparts; until presidents are se- lected for their administrativeand engiveering ability, and not for their financial weight or their social standing; until the current price of the stock of a railroad company is lees cousidered by the managers than the economy with which the road is worked; until, in a word, railroads are minaged for the permanent benefit of their shareholders, and not for the present advantage of individual pre- sidents, directors and speculators, there cannot only be no improvement in railroad property, but it is morally certain that it must decline in value from year to year until four-fifths of the existing enter- prises are entirely destroyed. If a legislative committee will report these things, it may be of some service. If it will report a bill making it a misdemeanor punishable by fine and imprisonment for a railway Board of Directors to utter knowingly a false report, then it may do good. We confess, however, for our part, that we are not very sanguine of such results. There is uo corporation in the State which could worse afford to stand the test of a searching inquiry than the New York Central; and we presume that the Legislature will, as usual, spare the feel- ings of the directors of that company. The feature of the stock market to-day was the reap- pearance of the leading operator upon the stage as aheavy buyer. Stocks opened rather heavily, and Missouris de- clined 34 per cent. The purchases of the leading bull prevented a decline in other securities. It is stated that he took half the stocks which were sold at the first board. Thus New York Central, Harlem, Hlinois Central, Galena and Rock Island were maintained, and in some instances caused to advance a trifle. At the second board there | light. The closing prices of the day were as follows:— Missouris, 87 a 1; Central, 8434 a 34; Reading, 5334 a 54; Michigan Central, 51% a 52; Southern, preterred, 47% a 48; Panama, 1173¢ a 34; Illinois Central, 6734 a 34; Gale- na, 70% a 71; Rock Island, 6834 9 3; Paciflc Mail, 08. The market closed steady. The following was the business of the Sub-Treasury to-day :— Total receipts, —From custor this morning were $19,790,699 58, and the balances $1,709,382 90. The foreign exchange market was dull to-day, aad prices were hardly sustained, The Asia took out $407,198 in specie. The domestic exchanges are thus quoted by Groesbeck & Hoyt:— Buy, Sell Buy. Sell. Boston.... .. M4dis. Par. Louisville.... sgdis. sgcia, Baltimore ... 3¢dis, Par. Richmond... %dis. 3¢dis. Philadelphia. j¢dig. Par. Wilmington. .1%¢ Cincinnati... 3dis. %4dis. Detroit......1 Ov... -Ligdis. 3¢dis. Milwaukie, Mobile.......Par. New Orleans.Par. Pre. Montreal..... 3gdis. The following dividends have been deciared pire City Fire Insurance Compavy a semi-annual dividend of seven per cent, payable on demand, the Harmony Fire and Marine Insurance Company a semiannual dividend of five per cent, payable on demand; the Citizens’ Fire In. surance Company a semi-annual dividend of twelve and a half per cent, payable on demand; the Mechanics’ and Traders’ Fire Insurance Company a semi-aunual dividend of ten per cent, payable on the 10th instant; the Second Avenue Railroad a quarterly dividend of two per cent; the Nassau Bank a semi-annual dividend of three and a half per cent, payable on the 16th instant; the Fast River Say- ings Bank a semi-annual dividend at the rate of six por, cent per annum on all sums of five hundred dollars and under, and at the rate of flve per cent per annum on larger sums, payable on the 17th instant. The following is a comparative bank statement of the four leading cities:— 4 Loans, Specie. O¥re'ln. Deposits, $127,684 319 27,129,795 7.454.099 90,684,191 s Q451,057 — 6.088,356 2.741.754 z 60,069,900, /,440,; 092 25,295,088 151,905,529 $235,645, 1 281,627,833 480 25,437,443 101,022) 475 $2117.41 S252 707,19 _—B81,008 The City Comptroller advertises for proposals for $373, Increase. 400 of Central Park fund stock, to be issued in shares of, yf one hundred dollars cach, bearing interest at the rate of six per cent per annum, payable quarterly, and the prin- cipal redeemable on the Ist of July, 1887. The proposals will be apencd at two o'clock P. M. on the 4th of February ~ The statements of the Boston banks for the past twe weeks compare as follows:— Dee. 2%. Jan. 3. Capital stock... ..$33,292,000 33,303,300 Loans and disc’ts. 669,701,000 60,069,500 Specie......... 8,775,000 8 .540,000 Due fmother b’ks, 6,644,000 7,083,700, Due to other b’ks.. 10,633,000 10,789,000 Deposits, 21,756,000 22,357,800 Inc... 601,804 Circuiation,....... 6,679,000 6,643,000 Dee. .136,000 The statement of the Pittsburg banks for the week end- ing the 3d inetant{was as follows: — Banks. Circulatim. Specie. _ Loans. 2. Pittsburg 6,583 1,738,983 746,460 Exchange 677,445 224/977 1)525/516 438/267 Mer. & Manufs.. 206,667 125,165 "904,667 220,871. Citizens’ 160,915 72,098 616,262 74,756 Mechanics 275 107/399 741782 ga S12 Trou City 231,415 116,000 7 145,814 Allegheny... 257,600 §=109,834 + 671,822 = 101,510 Tota’... 2,038,113 1,202,047 6,837,261. 1,811,780 Previous 764 1,337,489 6,798, 1,805,047, Increase, — — | 89,239 6,738 ¢! Decrease, 22,051 © 45,442 pen Annexed is a summary of the statement of the Nowak (N. J.) banks, made on the Ist inst.— Jan , 1868. Jan , 1869. 91,858,450 00 Circulation ie 528,047 00 Due depositors. 1,199,093 86 Dividenas unpaid. 21,132 88 81,134 Due other banks. + 209,083 32 BAN 612 14 Other debts owing by banks 6,203 25 6,293 2 POS «6.6666 + 964,376 54 402,818 86 soueees + 94,187,281 86 6,002,346 33. Specie... * $339,351 50 185,774 44 Jue from other 425,326 78 699,425 64 103,314 03 147,973 OL 1,041 93, 92)138 09 487 21,487 50 + 8,217,172 95 8,001,257 5a 4,988 16 291 1 ! Hite Sons we bssesuntvadiseant vee $4,187 2 002,345 Liabitities and assets compared. * Total liabilities, $1,964,225 312,740,881 48 Cash resources.. + $867,901 31 927,171 OF Loans and discounts, + 8,217,172 96 — 3,982/45 0s Real estate and bonds. . 07,129 43 02,448 09 Total resources. . $4,182,293 69 6,002, Osa 2 Increase of liabilities, Jan. 1869, over Jan., 1858 776,666 17 Do. ARBCLE. do. do........ 819,700 52 Do. discounts do, 744,084 6 ‘The earnings of the Brooklyn City Railroad for four years past were as follows:— $830,882 331,804 q 877,407 87 403,552 68 ‘The number of passengers carriod was 7,706,839, and the number of miles run was 1,004,185, ‘The road divided $80,000 in dividends, or oight per cont, with a sueplas of $18,776 85. The total amount to credit of surples ac- was no change in prices, and the business done wax very wore— i \ \ \ Af 4 ‘ ( q ; ; j 2 | ¥ v ’