The New York Herald Newspaper, September 10, 1859, Page 1

m4, p ———— WHOLE NO. 8405. = IMPORTANT FRO’ ¢ souTH AMERICA, ON Rn Preparation’, for War Between the Ar- genting Confederation and Buenos Ayres. BUBNOS J.YRES RIVER STEAMERS FIRED ON OFF RO- SARIG—THE AMERICAN STEAMER ASCUNCION, WITH HOW. MR. YANCEY ON BOARD ALSO ATTACKED FROM HE BATTERIES—COLONEL SANTA CRUZ ORDERS THE FIRE FROM ROSARIO—URQUIZA ACCEPTS THE MEDIATION OF THE UNITED STATES—FOURTH OF JULY—COLONEL GALLO, THE CHILEAN REVOLU- ‘TIONIST, IN BUENOS AYRES—THE HOPRINS’ RAIL- ROAD CONTRACT—CITY IMPROVEMENTS—TRADE REPORT, ETC. By the arrival of the bark 0. J. Hayes, Captain Shive- rick, at this port from Buenos Ayres, we have files of pa- pers from that city dated on the 12th of July. ‘The Hayes sailed on the 16th of that month, and her ad- ‘vices are very interesting as far as regards the attitude of the Argentine Confederation towards the State of Buenos Ayres and the general aspect of affairs. ‘The Confederation had fired the first hostile shot from ‘their batteries on the Buenos Ayrean war steamers, after ‘passing Rosario on their way to Corrientes, The American steamer Ascuncion, on her way to Rosa- io direct, having the Hon. Mr. Yancey, United States Minister, Captain Steadman, United States Navy, and others of our citizens on board, was also firedon, The ‘commander acting for the Confederation stated, in expla- ‘nation to Mr. Yancey, that the act was done in mistake, the Ascuncion haying been taken for a steamer of Buenos Ayres. OUR BUENOS AYRES CORRESPONDENCE. Buenos Ayres, July 12, 1859. Destruction of Animal Life by Drought—Urquiza Willing for Peace~Buenos Ayres Hesitates and Asks Security. ‘The distressing winter that is upon us is holding armics 4m check and wasting fearfully the resources of our agri- wultural and pastoral districts. In some portions of the gountry the animals are being killed in order to give the Breatest value to the hides. Tho want of horses is seriously etarding the operations of the two belligerent armies. General Urquiza has accepted the kind offices of media- ion tendered by the United States legation, and accord- Jogly Mr. Yancey has come to Buenos Ayres to make the game friendly tender to this government. Thus far it does not meet with cordiality. This government seems thus far to have the advantage. Appearances are that it ‘men and money, and enthusiasm, the advan! are in favor of Buenos Ayres. At this late hour for Urquiza to ‘become willing to negociate is taken asa confession of Teebleness. Again, this government asks that the United States or some other responsible government shall become Security for the compliance with the contract which the Confederation may make. As diplomacy is more of @ habit in these lands than hard fighting, it is uncertain wiist may be the result of the pro- Position of the United States Minister. NEWSPAPER ACCOUNTS. ‘The Commercial Times of Buenos Ayres, dated on the 9th - July, bas the following summary of previous events:— Monday, the 4th of July, being the anniversary of the Declaration of the Independence of the United States, the Daaguazu hoisted the stars and stripes at the fore, and the shore batteries saluted with twenty-one guns. On Tuesday the unwonted sight of four steamers enter- ng the port at one time met the eyes of outlookers from the beach. They were the steamers of the State squad- ron returning from San Nicolas, accompanied by the Daaguazu, bri g the late garrison of Martin Garcia; she took @ detachment of the First regiment National Guards ‘28 a relief; among them went Don Hector Varela and two younger brothers. ‘The Hon. Benjamin Yancey, and Captain Steadman, of ‘the United States Navy, arrived hero on Wednesday by the Asuncion; their visit will be but a short one, as they return by the same steamer, Mr. and Mrs. Hop! also returned by the same vessel from a trip to the Parana. ‘Colone] Gallo, who commanded the revolutionary army ‘of Chile on the occasion of their last defeat, has arrived in this city. It is stated that the defeat was partly the re- Built of treachery; at a critical part of theaction a regiment of Zouaves found their cartridges filled with sand; two officers upon whom suspicion fell were immediately shot by Gallo; but the trick was done, the effects unavoidable, Letters from San Nicolas state that the troops des- [ao hence on the 25th ult. arrived on the following day without any novelty worth recording, save that the Constitecion lost a boat in a collision with tho Primer ntino, Ie oat helped en, i. Nad Ca- milla grouns it was of e Constitucion. The racion states that last month the Portu- guese Drig roviso was fired upon by the battery, es- tablished on the island of Martin Garcia. No damage was done, and the brig proceeded on her way. ‘The schooner Magdalena, loaded in Montevideo with arms and ammunition for the government of the Pro- ‘vinces, went down in the harbor on the night of the 30th; guger holes bored into the hull occasioned the cata: Strophe, and gave a certain proof of foul play ‘The grounding of certain vessels of the squadron has ‘excited the anger of the Nacional, which declares that the State has a right to the services of the best men. ‘The new town of Merlo is now fully marked out, and the government surveyor has passed to San Isidro to re- gulate certain boundaries in that town. It has been proposed to paint the names of the streets ‘on the glass of the gaslamps. No bad idea. The gold medal of honor which was presented to Senor Posadas by his excellency the Governor, in recog- nition of the important services rendered to the country by the initiation and arrangement of the Exposiciones Agricolas Rurales, has been forwarded by said gentieman ‘to his royal highness Prince Albert. Sunday, 26th June, was appointed as the day of thanks- ‘iving for the success of British arms in India, and the Sanaving prayer appointed by the church was intro- duced into service. The Rey. Mr. Adams, the incumbent, preached a poworful sermon on the text (Psalm ciii., verse 10): “He hath not dealt with us after onr sins, nor reward- ed us according to our iniquities.”’ ‘The same paper adds:—Throughout the Provinces the greatest ignorance prevails as to what is going forward; ‘even foreign diplomatic agents know little or nothing of ‘the movements and declarations of the government of this ‘State, owing to the great interruption of communications. Under the head Official Documents we publish a trans- Jation of the contract entered into by the government with ‘Messrs. Ocampo and Hopkins, for the construction of the Jong talked of railway to San Fernando. The terms could hardly be more favorable to the company. We have been informed that a contractor for the construction of the line may be expected from England in four monthg, when no ‘time will be lost in pushing the works forward to comple- tion, although eighteen months are allowed for getting ready the first half league for the service of the public. ‘Two years have nearly elapsed since the first contract was entered into with Mr. Hopkins, since when the crisis and ‘a number of other unforseen o! les have intervened to prevent its fulfilment, the least of which has not deen the ‘Opposition of rival interests in this city itself, Over all Mr. Hopkins has at last triumphed. ‘The Con) ion announces that William Mackinlay. Esq., was no longer ized in Rosario as consul of Sweden and Norway, in consequence of too great freedom in the expression of his political opinions. In Buenos Ayres city nothing of particular importance has occurred. Trade is wofully dull; ounces show a dis- position to rise; rates of produce speculative. THE WAR MOVEMENTS. FIRST SHOTS BETWEEN THE ARGENTINE CONFEDERA- TION AND BUENOS AYRES—TWO BUENOS AYREAN BSTEAMERS FIRED ‘ON OFF ROSARIO—AN AMERICAN STEAMER WITH HON. MR. YANCEY ON BOARD ALSO FIRED AT. m the Buenos Ayres Commercial Times, July 9.] it last we have signs of movement. The Asuncion, on Wednesday last, brought us word of the firing of the first cannon. Last week, in accordance with orders from here, the two Muratoris with the General Pinto and Buenos Ayres fcr up the rivers—rumored destination Corrientes. ey arrived off Rosario before sunrise on the morning of the 2d inst., and passed the town without molestation; but ‘on arriving in front of the encampment of General Fran- cia, a pianging fire of cannon and musketry was opened upon them from the heights, and continued until they had passed out of range. The crews of the two steamers were at their quarters the whole time, but the commanders wisely abstainod from returning the fire, and ran the gauntlet unscathed, one ball merely striking the funnel of the Buenos Ayres. Higher up the river the same steamer encountered an Argentine schooner, with two iron guns, a brass field Piece, and some two hundred and odd round shot, con- signed to Colonel Santa Cruz, Rosario; the armament was immediately taken possession of, and the schooner atlowed to pursue her voyage. From tho Diamante, tho place ‘where the troops from Entre Rios have crossed, to Santa ie, Commandant Muratori writes to the Minister of War fwith details of the above occurrences, dice ys following day, about half past four in the aftor- mane ae American steamer Asuncion made her appear- Fosse hy fame point, steering direct for the port of ac Gt ey ett, aneny cara Seat ines, and Mrs, Hopkins, ‘were sing at the time in the cabin, when the (ey ofa immed! ped and anchor dropped in ti ‘with a four-knot current running. ee more shots were fired at them—one after the veenel had swung ‘to her anchor. Happily the ineffteiene: Proveedea wany catastrophe, Mr. edited ‘oceeded an shore in a boat to remonatrate, and Being shortly, by the American Minister at “4 arg egehiws three waited upon Don Santiago Derqui; Dut tho only saefaction they could get was that sera all a“mistake;* that the Asuncion, in spite of her fami- Jiarity with the por. and her peculiar build, was believed fo be @ Buenos Ayres man-of-war; and Colonel Santa Cruz, anxgous to wipe off the stain cast upon his gunnory ay se ae Tae de of the preceding day, had nati. opportunit; ‘vouse wh read ie - /ppor ie Of sinking a 1 tt erable, but highly probable, oxplana- nation, the America Minister greatly domurrod, and mated that on his return ho should ingniro further foi an — should other Be ce occur he should leave their settlement in the first friend, the nayal officer. cs eg The Asuncion Jeft the following afteruopa without fur- ~ - MORNING EDITION—SATURDAY, SEPTEMBER 10, 1859. - ther molestation, What makes the affair worse is, that Col. Santa Cruz himself hovy the word to fire, though warned by a bystander ‘the vessel was American. ‘The news brought by the Asuncion is not of much im. portance. Proclamations continue to supp! the place of more substantial materials for war, while fears of in- ‘yasion continue to be even more general in Rossrio than before, the cut of ditches for the defence of the town going forward with increased rapidity. General Urquiza arrived at Parana on the 26th ult., but is reported to be sick. He is said to have twelve hundred troops with him, but private sources of information de- crease the number by half. The Massachusetts Encampment. SECOND DAY. ‘Hgap-quarters, Camp MAssacuvserts, Soptember 8—2 P. M. ‘The Grand March of Seven Dusty Miles—A Poore Style of Military Tactics—The Second Regiment—Major Rogers’ Battalion, de., de. The march through the town of Coneord and its beauti- ful precincts came off, as per programme, yesterday af. ternoon. The troops, in marching order, numbered 5,000, and were led by the Commander-in-Chief. Along the route—seven mortal dusty miles—thousands of spec: tators greeted the soldiery as they passed, and in many places entablatures, bearing pertinent inscriptions, were displayed. Near the monument in Concord, on the an- cient battle field, the column was ordered to halt, and a request from the Commander that the shaft should be sa- luted with cheers was responded to by all the troops, ex- cept Major Poore’s battalion of savages. The Governor's request was conveyed to the Major to cheer. The Major “overhauled his Winfield,” and couldn’t find it in the re- gulations. He therefore ordered his corps to keep quiet and “squat’—and they squatted. It was a very silly manceuyre, and Major Poore will obtain the credit of ox- ecuting a movement hitherto unknown in military tactics, and as ridiculous as it was out of place. With this exception the march was in every way successful, creditable to the Commander-in-Chief, and to the large body of troops under his charge. Tho cortegé returned to camp about 7 o'clock P. M., having occupied some threo hours in the march. That the troops were not much dis- tressed was evident from the alacrity with which they ex- ecuted the knife and fork drill on returning to quarters. During the night the usual camp scenes occurred. The roughs were overawed by the presence of the police, de- tective and protective, under Deputy Chief Ham, and re- mained very docile. The sporting gentry did some busi- ness, but nothing to warrant notice; and if we except the introduetion of a style of negro minstrelsy, for the pur- pose of inducing strangers to witness the beauties of the +‘ rolette” tables, just as wine venders get up a lunch of boiled clams to attract custom, there was nothing in that line different from other musters, The inhabitants of Con- cord expected to be overrun with villains during the en- campment, but the town was not more orderly in cattle showtimes than now. Tho detailmentof an extra police force to guard the maiden ladies and young widows was deemed unnecessary after the first night, and Sheriff Keyes has taken the responsibility of leaving the feminines to pro- tect themselves, and withdrawn his forces and assigned other duties for them. This morning the troops underwent a drill by compa- nies, battalions and regitnents. The Second regiment, under Colonel Cowdin, was a very attractive feature of the morning display. The National Lancers, Captain Kenny, ‘were out with the lark, numbering 127 strong. This is the greatest display the Lancers ever made, and their friends in New York will be glad to learn that the corps is so handsomely thriving. ‘The exertions of their indefatigable commander deserve such a reward. Major Rogers’ battalion of infantry do not appear to bo in good spirits to-day. They are a fine corps, and it won’t do for them to allow their spirits to droop. ‘Their uniform Some people have been cruel enough to intimate that this encampment is 2 political manwuvre on the part of Gov. Banks; but a sufficient answer to such a calumny is found in a sentence contained in his Excellency’s general order No. 8, just issued, to wit:—that ‘‘the encampment is ordered for the expecial benefit of the troops.” Brigadier General Butler, who is the forechosen candidate of the democracy for Governor, need, therefore, labor under no apprehensions in regard to the ultra-military aspect his rival has assumed, Rey. Mr. Reynolds, of Concord, has been appointed Chaplain General of the camp, the Rey. T. Starr King, of Duston , having danlined.tha. . Among the accidents not reportea tu the panera T ro- et. to chronicle that which occurred to Mr. J. we Richardson, of the Courier office. He was kicked in the stomach by a horse, and his bowels laid open, He may survive. Twenty thousand spectators are on the field as I close this despatch. The Fitchburg Railroad Company have been offered $30,000 for the profits accruing to the road from the encampment. TELEGRAPHIC. Boston, Sept. 9, 1859. Major General Wool arrived at Camp Massachusetts last evening, where he was received by the Commander-in- Chief, and partook of supper at headquarters, A large number of distinguished guests were present, including many ladies. A monster concert, by eighteen bands of music, accompanied by artillery, took placo in the evening. This morning both branches of the Legislature, escorted by the Ancient and Honorable Artillery Company, left for tents will be struck at three P.M. To-morrow the Second brigade will be reviewed on Boston Common by the Go- vernor and staff, ‘The three days, encampment of the State militia broke up this afternoon, and many of the troops left for home. Among the most imposing features of to-day’s proceed- ings was a review of the entire force by the Governor and Legislature, attended by General Wool and other dis- tinguished guests. The column occupied one hour in passing. The troops subsequently formed in hollow square, when the Governor introduced General Wool, who was received with nine cheers and a salute of artillery. Brief speeches were made by Go- yernor Banks, General Wool and Mr. Phelps, President of the Senate, after which a collation was partaken of at headquarters. The weather has been delightful, and ex- cellent discipline and health have been maintained at tho encampment—a succeas even beyond the most sanguine hopes of its originators and warmest advocates. Obituary. Mr. James Rowr, for many years cashier of this es- tablishment, died last evening at bis residence in Lexing- ton avenue. Mr. Rowe was a man of the strictest integrity of character, and one of those reliable men so necessary to the management of large enterprises. His modest and correct deportment in all relations of life won him many friends, and his premature death will be lamented by all who ever bad any intercourse with him, Health Commissioners, ‘The usual meeting of the Health Commissioners took place yesterday in the Mayor’s office, Dr. Guny reported the arrival of a brig from Pernam- buco, and a bark from Buenos Ayres, neither haying any sickness on board. They were allowed stream permits. The Old Dominion, from Havana, having lain thirty days in the lower bay, and no sickness occurring on board of her, she was allowed to come up. Tt was stated as a rule that vessels may in future come to the wharves above Clinton or Canal street thirty days after they arrive at Quarantine. The resolution to bring vessels to at the lower bay is ioe and they may now be piloted to the upper ¢ Sardinian Consul stated that several cases of sick- ness, like typhus fever, have occurred on board the Italian brig Bennetto, now lying at a wharf in the city, and which recently arrived from Marseilles. The matter was refer- red to the resident physician. The Board then adjourned till Monday next at the cus- tomary hour. Mr. Dougl nd the Presidency. TO THE EDITOR OF THE NEW YORK HERALD. A Washington correspondent of your paper recently spoke of me as an advocate of the election of Mr. Douglas to the Presidency, and of my visit to the North as having something to do with the furtherance of his interests. As. this statement has been widely reproduced at the South and is entirely without foundation, I desire to give it a prompt contradiction. Iam not and never have been a supporter of Mr. Douglas for the Presidency. His views ‘upon popular or “squatter’’ ey, in the ‘Territories, as ect forth in his late contribution to r’s Magazine, as well as in his public speeches, I regard as at war with the fundamental principles of the federal government; and I do not believe that they will leave him « “corporal’s guard’? of supporters at the South. As I was recently elected to the Alabama Legislature from Mobile, with a knowledge that I was opposed to Mr. Douglas’ nomination, Iam unwilling that a statement to the contrary should go without contradiction. Be pleased, therefore, to give this note a place in your columns. Naw Yor, Sept. 0, 1850, A. B, MEEK. Kings County Politics. DeMOoRATIO DRLRGATES TO THE STATE GOXVENTION.—The Democratic Assembly District’ Convent to nominate delegates to the State Convention were held yesterday. were Cho on or Biogen i -4 art delegates Firat Dietrict—Tunie G. Boren an Becond ‘ick Keenan, Fourth District—Hugh Senin AH Didrig-—Jobp A. Dayton (probably), the camp. The grand review takes place to-day, and the’ erry Destruction of the Harmonia Hotel by Fire—Suffocation of One of the Proprie- tors and his Three Daughters—Coroner’s Inquest, &c., dic. One of the most distressing occurrences we have had to record for some time transpired about three o’clock yesterday morning, in the quiet city of Hoboken, in the destruction of the well known Harmonia Hotel, on Hudson street, and the suffocation of Mr. Charles Baese, the senior proprietor, and three of his daughters, Anna Theodora, Clara and Sophia. It appears from the evidence of Fer- dinand Kapp, the junior partner, before the Coroner’s jury, that an unusually hot fire was kept burning through out the day in the basement, and it is supposed to have ignited a pile of ballroom benches and tables, and so communicated fire to the building. The bodies were con- veyed to an unoccupied building in the rear of Police Jus tice Crane’s, on Washington street, where they now re “main. Mrs. Baeso is uninjured, but her nervous system. is so shocked that she is unable to converse with any one Her eldest daughter, Miss Mary Baese, in jumping from her bedroom window to the piazza on the second floor came in contact with a projecting window shutter and was thrown against the window, breaking the glass and lacerating her face, neck, arms and legs in a shock- ing manner. They are both lying at the hogpitable resi- dence of Mr. John W. Harring, No. 77 Hudson terrace, under medical treatment. ‘The building is two story and a half high, with base- ment, built of brick, and’ has lately been improved by joining a brick building on the rear, covering the remain- ‘der of the lot. The basement was used as an eating apartment for the family of the proprietor, and the rear portion as a general kitchen for the hotel. ‘The first floor was used in the front building as a bar and reading room, and inthe rear ag a billiard saloon. The second floor front was occupied by the Union Chess Club and the Hud- son Rifle Company; an adjoining room was used as a par- lor, and in the rear was situated the ball room, The pro- perty had not been thus improved long, ‘The following is a diagram drawn by our report the spot, showing the upper story of the front building, occupied in part as a sleeping apartment by the inmates;— (Window. 1 domes i rr. hhis' three child- Bybee. 3% | Stairs. ren slept, 3 Servants Room. 4 ae i Door, fl re} | Door. Mrs.Baeseand | Ladies Dressing Mr. Kapp’s daughter's room Room. Room. ‘Window. | | Window. | | Window. HUDSON STREET. From the floor to the roof the height is only six feet, and the rooms 80 small that it was hardly possible for a person to occupy them during warm weather. win- dow looking out from Mr. Baese’s room into tbo hall room was found wide open, 80 that bi must have very soon filled with smoke. He evidently struggled very hard, as the blood was found to have rushed go vio- Jentiy to his head as to force itself from his nostrils. ‘The unfortunate children died easy, an there ie not-aeontor tion of the body or face to show to the contrary. They Jay in their little bed as though quietly asleep when found. ‘As soon as the alarm was given, Engine Company. No. 1 was quickly on the spot, but the density of the smoke al most prevented any access to the building. The house was found to be closed in every part front and rear, and filled with smoke. Mr. Harring, residing in an_adjoning building, was first awakened by the screams of Miss Mary Baese, from her chamber window, crying For God’s sake, Save us!—Save us!—Save us!’?’ Mr. Harring ran out upon the balcony of his residence and saw smoke issuin; from the second and third story windows of the hotel, an hearing the young Jady’s screams, ordered her to jump upon the baicony below, which she did, He then procur- ed a ladder and rescued Mrs. Baese, but not being ac- quainted with the plan of the upper part of the house, could not tell where to look for the rest of the family. Mr. Kapp was awakened by the cries of the children, and jumping out of his bed discovered smoke in his room. Upon opening the door aperfect avalanche of smoke rush- ed in upon him and almost suffocated him. He heard Mr. Bacse encourage the children and would have ventured to them but for the smoke. Returning to his room he threw up the window and jumped out upon the balcony below, thus saying his life. ‘The affair has thrown a gloom over the entire city, where Mr. Base was everywhere known and highly re- gpected. He was also proprietor of the eating saloon at No. 2. Barclay street, a resort for merchants and clerks in the neighborhood, and had been in charge of it the day before. Every effort was made by the Fire Department and citizens generally, who distinguished themselves in trying to brave the dangers of the fire and save the in- mates. The damage to the building will probably amount to $1,800, which is understood to be covered by insurance. ‘The stock of the billiard, bar, reading and ball rooms is a total loss of about $3,000, 0n which there was no insu- rance, The general impression ig, that if the location of Mr, Baese’s room had been of his chikiren would have . At two o’clock yesterday afternoon Police Justice Fred. ‘W. Bohnstedt, who is also one of the eounty Coroners, empannelled the following jury and proceeded to hold an. known, his own and the lives been saved. inquest: — Sechan M. Brush, foreman, Fred. D. Gerke, Ferdinand Phifer, Daniel L. Gavett, Jacob Gwyer, Fd. Schuller, John M. Board, James H. Wilson, Andrew Mount, Martin Lochure, Philip Hincke, Taylor Wainwright, Samuel W. Carey, Clerk of the Sury. Previous to taking the testimony of the witnesses the gory proceeded to view the bodies. “On returning to the \otel they proceeded to the room occupied by the Hudson county Rifles as an armory, where, after auly organizing, the following testimony was elicited:— John Lewis, being duly sworn, deposed and said—Is a resident of Hoboken city; is Assistant Engineer of the Fire Department; was on the ground about half past threo o’clock on Friday morning, a few minutes after the alarm was given; found engine No. 1 at work; on proceeding to the front of the hotel heard a man say that there were persons sleeping in the upper part; tried to force an entrance, but the smoke at the time was too dense; did not know in what part of the building the parties were; went into the residence of J. W. Harring, and passed into the yard, but could effect no entrance; camo ‘back, and finding the smoke not so dense as before, forced my way to the upper part of the house; met a man coming down, who said ‘‘there is no one up there;”’ still went up, and began to search; found the body of Mr. Baese lying across the threshold of his bedroom door; took him down stairs; rushed back into the room and discovered, by the aid of my lantern, three little girls; passed two of them to the firemen, who had followed me, and taking the third under my arm passed down stairs; they laid as though they were asleep, but they were dead; I know the Bacse family; neither Mr. B. nor his three children appeared to have any life when first discovered; the smoke was so dense that the firemen could not have reached them; as it was, they were compelled to effect an entrance on their knees with the hose to avoid suffocation. Belg Mount—The hose was already stretched when I arrived. By Mr. Brush—Do not know who broke in the front door. Be Mr. Wilson—Have no knowledge as to the origin of e fire. By the Coroner—The main body of fire appeared to bo oe the Palins in oe ee beers kitchen; have en every 2) Wwe fai to Ox y al definite as to the origin of the fire. chien By Mr. Wilson—Did not seem to be any place where an pee could have escaped; all was ted tight, front and rear. Ferdinand Kapp was the next witness. Being dul; sworn, he deposed and said—Was junior parteor ra the establishment; being afflicted with a painful arm, retired at about half-past eleven o’clock; Mr. Baese came home about half an hour previous; ‘there were several guests in the house when I retired; do not know how long they remained; was awakened about half-past twelve o’clock and still heard them bolow; I occupy the bedroom on the top story to the extremo southeast; was Lilie oo awakened by the cries of the childron, got out of bed, opened the door, and found the smoke £90 li threw up the window and cried “Fire;” then Jeaped out upon the piazza below; heard the voice of Baeso, but could not seo him; ho was trying to encourage the children that he would savo thom; when I lookod out of the window saw the private watchman attached to tho United States Steam Battery Yard running towards the house with a light to give help, and saw a policeman (John Patterson) in front of the building; both cried Fire’? to raise an alarm; there was a fire in the stove all day; it was @ hotter fire than usual; kept ho servants; kept a porter; he does not sleep on the premises; he left the house about one o'clock; he lives on the lot in the rear of the hotel; ho always gocs home out of tho hotel front door; tha back door was locked. (Mr. Wilson called for the roading of Mr. Kapp's pyudenco, which wag read by the Glerk.) Te ERCaRap Ep CUnageRmE RT LA DISTRESSING CALAMITY AT HOBOKEN. By Mr. Board—The custom with us has been to keep the door on the inside of the hotel open at night. By the Coroner—When I landed upon the 1 found John W. Harring there; gave the information that there were people in the upper part of the house; never leave fires to go out; the females were froning on that day; there was a pile of tables and benches about three feet the chimney; think these caught fire from the heat the stove. By Mr. Brush—The tables and benches had been piled there since last winter. By the Coroner—The carpenter employed in the hotel bv ld work at the lower part of the building, but on roof. John W. Harring was the third witness. Being duly #worn, deposed and said—Resided at 77 Hudson street, ining the hotel; was awakened about three o’clock Friday morning by hearing Miss Mary Baese crying at the top of her voice, ‘For God’s sake, save us; rushed ou upon my front balcony; saw smoke issuing in great vo umes from the second and third story windows; there i agreen blind or shade dividing the piazza of the hotel from mine; could not see the position of affairs; told Mar to leap out of the window upon the balcony; would no have done so had 1 known how matters stood; she carrie out my advice, but in her descent struck a projecting win dow shutter, and fell into the window of the second story breaking the glass and cutting herself most severely ,s0 tha she bled profusely; I mustered my strength, and succeed ed in pulling down the screen; leaped over upon the hote ny, and raising Mary in my arms, bore her to m apartment; she begged me to save the rest of the family procured a fire ladder from a hook and ladder company and raised it up to the piazza, and then set it up agains the window of Mrs. Baese’s room; on this ladder she es caped; not knowing the room aie by Mr. Baese and children, I could not venture to find them. By Mr. Brush—Have no idea as to the origin of the fire? Romeo F. Chabert, M. D., was the last witness sworn. Being duly sworn, deposed and gaid—Am resident physi- cian of the city of Hoboken; was returning from a profes- sional visit about half-past two o’clock Friday morning; had reached my chamber, and was about to retire when I was startled by the cry of ‘Fire,’ re-dressed myself, and went immediately to the Oceana Hose Company house, where I effected an entrance, and, by the aid of three gentlemen, run the ‘iage to fire; found fire- men on the ground; tried to an entrance front and rear, but failed; gneceeded in getting on the roof from an ining building; thought I heard cries beneath the roof; could find no scuttle; returned below; was informed that there were people in the house; saw the bodics of Mr. Baese, Anna Theodora, Clara and Sophia Baese. Mr. Board—I think as daring attempts were mage © rescue the inmates and save the building as I ever saw = cities. By Mr. Wilson—Mr. Baese and children lost their lives ‘by suffocation; the ladies were warm; everything was very hot; I could not keep my hand against the window 8. oy the Coroner—Under the circumstances, neither of them could have been restored to life; they had been dead about half an hour when I first saw them. This closed the evidence for to-day. The inquest ad- journed until this afternoon, at two o'clock. ‘The funeral of the deceased will come off to-morrow. E-5 Political Intelligence. Dovo1as Demousnep.—The National Era makes the fol- lowing preface to a long article impugning the accuracy of Mr. Douglas ag a historian in bis recent copyrighted mani- festo:— ‘We now propose to sift the matter to the bottom, and to every honest and fair-minded man who will read our article ‘hat the statement of Mr. Douglas in regard to what he styles ‘‘the Jeffersonian plan of a for the Territories”’ is a gross perversion of . This statement is the foundation upon which he builds his superstructure of ‘(popular sovereignty,” and this proving to be a sandy foundation, his edifice falls to the ground as a matter of course. Sovruery Know Norumcs ror Dickivsox.—The Eagle of the South (Fillmore) says:— It is asserted that the New York delegation in the Charleston Convention will give a united support to Daniel 8. Dickinson for the Presidency. We regard him as the most reliable democrat at the North. He is an inflexible hard shel} democrat, tallying with the doctrine of the sil- ver gray whigs on the slavery question. Col. J. M. Kunkle, of Frederick, has been nominated as @candidate for re-election to Congress from the Fifth Congressional district, Maryland. ‘Dx. Camever Inate.—The virtuously indignant pastor of the Church of the Puritans, who was censured by a coun- cil of his own church for his course towards members of his congregation, saye — Mr. Chase has descended to the ‘lowest depths to which lower-law men’’ have yet reached; but Mr. Cor- win has ‘plunged down the lowest plumet of degrada- tion.”” “ Judge not that ye be not judged.”” Souruery PLATFORM FoR CHARLESTON.—The Huntaville (Awwamay Democrat, edited by Ie W. Clay; Teq:; Vrotuer of United States Senator Clay, of that State, thus explicitly states the conditions upon which, and which only, Ala- ‘bama will support the nominee of the Charleston Conven- tion :-—~ No nominee of the Charleston Convention can obtain our support unless the platform adopted shall substan- tially recognise the constitutional rights of the South on the slavery question, as laid down by the Supreme Court in the Dred Scott decision, to wit : That slavery is recognized in the constitution, and ‘that it is the duty of every depart- ment of the federal government—Congressional, judicial and executive—to guard and protect it; and unless the antecedents of the nominees are such as to justify the be- lief that he will be a safe custodian of the rights of the South under the constitution. The Cincinnati Gazelle adde:—Such is the common voico of the Southern democracy. It comes to us from Virginia and from Texas—from Kentucky and from Mississippi— from South Carolina and from Louisiana. The exceptions are rare, and only prove the rule, Doves’ MaNtrEsto 1x CiicaGo.—The Chicago Press & Tribune says of the late copyright manifesto:— The able and conclusive review of Mr. Douglas’ late essay, which we give elsewhere this morning, will well repay perusal. Whoever will carefully read it through will be prepared to place a proper estimate upon that lamest, shallowest_ and most inconclusive of all of Mr. Douglas’ efforts. Regarded as a device to delude persons anxious to be deluded, and to strengthen himself with such of his political friends as have free soil proclivities, Mr. Douglas’ paper is ingenious. Regarded as an argu- ment in support of his phantom, it is a sha low sophism. One Frunp ror Dovcias.—The Alabama State Sentinel vernment je truth of says:—We have no hesitancy in saying that the national democracy of Alabama and of Dallas county will, if Mr. ‘Douglas receives the nomination of that party at Charles- ton, support him, and support him with a good national feeling, believing that they are doing the best for the country. Ssxator Dovetas ox Woman’s Ricnts.—Since the ap- pearance of Mr. Douglas’s epistle to J. B. Dorr, of Du- ‘Duque, Iowa, the Senator seems to have been taken with a mania for letter writing. The Bath (Maine) Sentinel gives publicity to the following: — ‘Wasmcrtoy, July 14, 1859. Mrs. Lucy Sroxm—Dear madam:—Your kind letter of the Sth inst., wishing me to be present at a convention of the ladies of the Northwest, to be convened at Chicago on the 12th of September next, to devise measures for the promotion of the happiness and’protection of the interests and rights of the female sex, has just been laid before me. You are right, dear madam, wher you say that I take a deep interest in all that concerns the ladies of our great and glorious country. And I need not now, after so many years of faithful labor in the cause of popular sovercign- ty, assure you that you havo, in your endeavors to obtain the liberty of governing yourselves in your own way, subject only to the constitution of the United States, the full confidence of my undivided sympathy, I regret, dear madam, that business of great importance will pre- vent me from being present at your convention. I have the honor to remain, &., 8. A. DOUGLAS. PRESIDENTIAL CaNDIDATES.—The North Carolina Chronicle is in favor of Mr. Badger, Governor Graham, or Mr. Crittenden, as the whig candidate for the Presidency. The Marshall (Miss.) Democrat nominates the Hon. Albert G. Brown as the democratic candidate. The Roanoke Crescent, at Plymouth, N. C., hoists the name of John Minor Botts. ‘The Sumner (Kansas) Gazette names Henry C. Carey, of Philadelphia. ‘The election of delegates to Congress from Arizona was. set down for the Ist inst. Kentucky Barnacvr.—About 4,000 people attended the democratic barbecue held at Paris, Kentucky, 8 Thurs- day last, in honor of the election of Captain W. EySimms to Congress, and of Colonel John A. Pratt to the Stato‘ Senate. Vice President Breckenridge addrossed tho crowd, and was received with the greatest enthisiasm. ‘William Stedman, formerly President of the Western Anti-Slavery Society, is one of the republican candidates for a seat in the Ohio Legislature from the county of Port- age. ‘Woxperrct.—The Buffalo Courier (Douglas paper), says:—Our own belief is that the views expressed by Judge Dovglas will henceforth govern the practical action of the government and the country, sathey have already done; and that there will be no serious attempt to make an issue upon them sn the platform of principles to be adopted at the Charleston Convention, Doveias BELow Par mx INpIANA.—It is said that the ad- ministration men in Indiana are utterly routing their Douglas rivals in the election of delegates to the Demo- cratic State Convention, which appoints the Charleston delegates. Brightand Fitch, the United States Senators, are uncompromising haters of the Little Giant. The Highland Democrat is out for Daniel 8. Dickinson for President, but defers to the choice of the New York State delegation, ‘Tho Elwood (K, 1) President, Abram Ling notorious Margus Free Press nominates Soward for coln for Vico President, and tho 4, Parrott, for Congrongional delegate. aDDITomal. FROM EUROPE. Arrival of the Europa’s Mails. ‘The European mails brought by the Europa reached this city*from Boston at a late hour last night. ‘The contents of the foreign papers received are of very little importance. Since the fétes in Paris that capital has become very quiet and dull, This is a natural reaction of the inténse excitement which attended the war. The reduction of the French army does not seem to amount to much, but seems to be confined to the dis- charge of men whose term of service soon expires and of invalids, and may be only a farce to satisfy England, Mr. Lever has sent in to the directors a final proposal. He offers to charter the Great Eastern for £20,000 cash down, to coal the ship both ways, and to pay the port charges on both sides the Atlantic. ‘The boiler of the French gunboat Aigrette, stationed in the Adriatic, exploded a day or two ago. Seven or eigh men were killed or wounded, but the rest of the crew were saved, she being close to the shore. Some idea may be formed of the enormous sums o money which are sunk in the purchase of pictures by the wealthier classee in England, from the fact that the col- lection of the late Lord Northwick has produced no less than £95,725. The sale, which extended over eighteen days, terminated on Wednesday, and was attended by dealers from all parte of the world. Some of the prices must appear fabulous to the uninitiated. The owner of this collection epent a life in bringing it together, and now it will be distributed far and wide. Suicide of a New Yorker. ‘The English papers received by the Europa report that Mr. Hersey Stowell, Jr., of the firm of Slocum, Stowell & Co., of New York, committed suicide at Manchester? August 22, by hanging himself. _ The Zurich Conferences. ‘The fate of Italy is yet a matter of doubt, and there may be a considerable lapse of time before it will be de- finitely known. A Berlin account of August 23 says:— Three weeks ago it was believed here that the Con- ferences of Zurich would be of short duration, and take the world by surprise by the epeed of their deliberations and the completencss of their results, such as they might be. Two or three sittings for decency’s sake to tocol and sign foregone conclusions, and a couple of official dinners, were supposed to be the eum of the labors vefore them. But these sanguine politicians had reckoned without Sardinia and the Italian populations. The atti- tude of these last has made a great impression here, proving, as it does, how much the Italians bave learnt in the last ten years. ‘The political tact displayed both by the provisional governments and the Chambers they have called, is as- suredly one of the most remarkable facts in history. The Conferences of Zurich cannot pretend to decide the weighty questions which are now on the tapis. To suffer this would be on the part of the great Powers to acknow- Jedge France and Austria as the arbiters of Europe. So long as the treaty only concerned a boundary between Austria and Sardinia, they and France were competent to decide without the voice of Europe. The neutrals who had been indifferent tothe war must ‘be indifferent to its results, as far as the position of the belligerents and the actual theatre of war are concerned. But the remodelling of Italy is a matter in which all the great Powers are alike interested, and the present Prus- sian Cabinet is as little inclined as the English one to suffer a forcible restoration of Princes whose rule over unwil- og ene would only lead to fresh complications. Fither the decision on their future government must be left entirely to thembelves, or, as in 1815, a Congress must be called to regulate their affairs. There is a strong feeling, therefore, in favor of a Con- gress—not a Congress summoned, like that of Paris, to submit to the exigencies of French interests, bat a Con- gress where the whole situation should be freely dis- cussed and resolutions come to, altogether independently of the convenience of the chief parties in the late war, excepting so far as the cessiowof Lombardy by Austria is concerned. On this Prussia and Russia are thought to be agreed, and there can be no doubt that England will tale Whe Crops in England and France. The gathering of the crops in England proceeds rather slowly, on account of an unusual scarcity of hands. accounts from many districts are unfavorable as to yield, which will be deficient in weight to a considerable extent. To compensate for this, says the Marklane Ez- preey v18 Universally acknowledged that the farmers wie dees the country hold the iargest stock of old wheat that they have had at'this season for ten years; so that this will fully compensate for whatever deficiency may be found in the weight of flour per quarter. We have also a large stock of foreign wheat on hand, both in London and at the outports, that will still further help to make up any requirements. In France the case is different. The crops in the south have been housed, and are reported to exhibit a large de- ficiency in the average yield. It is estimated that, upon the entire crop of wheat in that country, there will be one- fourth less than an average; so that it is not considered there will be much to spare for exportation. It is probable that the French millers will still'ship flour to England, when they can doit at a profit, even with a chance of having to fetch it back again at'an advanced price afterwards. ‘There is also in France, ay here, a large stock of old wheat in the hands of the farmers of Normandy and Brit- tany, whilst supplies from the Black Sea can be readily obtained, when the price and the sliding-scale will allow. At the commencement of the harvest there was.a con- siderable advance in price in most of the French mar- kets; but a reaction has since taken place, although the trade still continues firm, and it is not likely that prices will recede The London Builders’ Strike. ‘The strike in the building trade of the metropolis chows how strongly the co-operative principle is at work among all the classes who live by manual labor. There was a meeting of delegates the other evening, who represented trades that have little or no interest in connection with the erection of dwellings, and all these persons evinced sympathy for the men now engaged in the contest with their employers—promised them donations of money from their respective clubs, as well as individual sub- scriptions. But, notwithstanding, the unemployed workmen fare badly, and cannot keep body and soul together unless the ginews of war’? come in more plentifully. There are tens of thousands of good builders in Continental cities who would think 30s. a week for ten hours labor per day actual wealth. The master-builders have committed a manifest injustice—their vengeance has fallen upon tho men who belong to the trades unions as well as upon those who do not. ‘A poor fellow writes to one of the papers pointing out this fact, which he describes as making the innocent suffer with the guilty:—“ Why not open these establishments,”’ he asks to “‘non-society men, who are the equals of s0- ciety men in skill? By doing this, and withdrawing the document, their shops would be filled with good workmen before the week expires.” This appears to be a feasible proposal, Coroners’ Inquests. A Mormm ayy Davouter Borvep To Dgata.—The cam- phene accident which occurred at the residence of Mrs. Pascall, No, 845 Eighth avenue, on Thursday evening, as reported in our issue of yesterday, has resulted fatally to Mrs. Pascall and her daughter. The daughter died about four o’clock A. M., while the mother expired in a few hours afterwards. Coroner Gamble held inquests upon the bodies yesterday afternoon, when the following facts were clicited:—-Mrs. Pascall and her daughter, it appears, were engaged in pouring camphene into the crevices of a bedstead which had become infested with vermin, when the lamp was placed in close proximity to the mouth of the can, which immediately exploded, getting fire to the clothing of the women, and also to the furniture in the room. Mrs. Pascal, inher fright and agony, got out of the bedroom window, and hung from the sill by her hands, until he was rescued from her perilous position by a citizen who was passing at the time. Miss Pascall ran down stairs for relief, but fainted in the hallway, where she was subsequently found. The face, hands, neck and lower extremities of the unfortunate women ‘were burned to a crisp, so deadly were the effects of the explosion. verdict of the jury in each case was «¢ Accidental death.”” Mrs. Pascall was fifty-nine years of age, and was a native of England. Elizabeth Pascall, tho daughter, was about twenty-five years of age. The acci- dent caused quite an excitement in the neighborhood, especially when it was known how terribly fatal were the consequences. Kinin py FAL.ind ovr or A Wixpow.—Maria Toole, alias Cotjon, a woman of intemperate habits, fell out of a fourth story window at No. 61 Willet strect, on Thursday evo ning, and was instantly killed. Coroner Gamble held an inquest upon the body yesterday, when the jury rendered ‘a verdict of “Accidental death.”? ased was twenty-two years of age, and was a native of Ireland. Farat Accipent 10 4 Sion Parvrar.—George Sampson, & sign painter, while engaged at work at the corner of Ninth avenue and Forty-first street, yesterday morning, fel rom @ ladder and ete himself go severely that hédied in the course of the day. The body of de now lies at his late residence, No. 205 West Thirty-ninth strect, where Coroner Schirmer held an inquest. ———— City Politios. TAMMANY HALL DELEGATION FOR SYRACUSE. ‘The Tammany Hall Delegation for the Syracuse Conven tion met last night, at the ‘usual place,’ to receive orders - from the “owners” of the General Committee. Edward rman, and Wm. N. McIntyre Sec- Cooper was cleciey fansaction of buslaese that did, not transpire to the oulsklers, Ciptain Rynders made a motion, which was carried, that the delegates meet at the Voor- hies House, Syracuse, on the 14h inst. Fifth Assembly District Convention met BY wat ight, but failed to elect a Cg oy the Miate Con, yention, ‘Tho vote stood as at the iF meeting, viz:. Cohen, 5; Delavan, 8; Norris, 2; blank, 2, Tey mde! again to-night, IMPORTANT TO OWNERS OF DOGS,” Court of General Sessions, Before Judge Russe, Serr. 9.—Soon after the opening of the court this morn- ing, the City Judge rendered the following interesting decision on a motion to quash an indictment againet Den- nis Campbell, for the alleged larceny of a valuable New- foundland dog:— The People ve. Dennis Campbell.—The defendant was indicted at the last March term of this Court for grand larceny, in stealing (as averred) one dog of the value of $56, and one collar, of the value of $1, the proper- ty of Jeronomaus §. Underhill. A demurrer to the indict. ment was argued before me at the last July term, on the ground that the stealing of a dog was not an by the laws of this State. Accompanying the indictment was a stipulation, that it be considered as alleging that the dog in qnaation: was reclaimed, and made tame aoe domestic; and that the defendant, knowing it to be such, feloniously took and carried it away; and further, that the ayerment in the indictment as to the theft of the collar be deemed to have been omitted. The object was to present the question as though the indictment had been framed the simple felonious taking of the dog. Jt is imy le for the Court to Sonaklon: shie stipulation in the question as to whether a dog is property so as ainject of larceny. . If it should be doterumad frie Se is not the subject of such an offence, the indictment stand for the collar, which would make it in effect an in- dictment for petit larceny. If it should be go determined, land the prosecution cannot support the charge of the collar, then, of course, the District Attorney woul nol pros. the indictment. No stipulation of this acter can affect the structure of the indictment as it emanated from the Grand Jury. The charge, as made, beinga felony, the constitution of this State requiring the presentment or indictment of a Grand ga ag ag erearig to trial; and if the pleading they file with the Court could be remodelled by stipulations between the counse), the defendant would not be tried spon the presentment of the Grand Jury, but rather upon the covsent of the counsel. ‘This Court cannot acquire jurisdiction to try an offence by consent, nor can its jurisdiction over an offence bo changed by consent go as to embrace any other than that presented by the Grand Jury, where action of that body is requisite. If the form of an indictment does not suit a prosecuting officer, his only remedy yo dicting. On the trial of an indictment, certain can ‘bs, disregarded by the Court (2 'R. S. 728, 862); but ‘unless the power is conferred by statute, or is warranted by the acknowledged rules of pl » the Court is not vested with it. The right docs not extend to adding to or expunging from the indictment substantial 12) In the case of Cancemi vs. the People (18 N. Y. in which it was held that a prisoner conld not consent to be tried by less than the constitutional number (twelve) of jurors, Strong, J., who delivered the of the Court of Appeals, uses this language:—“There is obvious- ly a wide and important distinction between civil suits and criminal prosecutions as to the right of a de- fendant to waive a strict, substantial rence to the es- tablished constitutional statutory and common law modo and rules of judicial proceedings.” The present indict- ment is a constitutional mode of proceeding, within the rinciple of this remark, and the defendant can waive no gal right by any consent he may give in reference to ite important averments. i Thave concluded to pass upon the question presented, and which was argued with ability on both sides, for the purpose of fixing the character of the indictment as to ‘being one for grand or petit larceny. ‘At the common law larceny could be committed of da- mestic cattle~i. ¢., sheep, oxen, horses, &c. ;or of domestic fowls—. ¢., hens, ducks, geese, &c.; because, to Lord Hale, they were ‘‘under propriety,” and for food. So, as to beasts or birds fera , which, were reclaimed, and made tame or domestic, and served for food—i. e., deers, pheasants, partridges, &., if the thief knew them to be tame. It could not be committed as to some things whereof the owner might have a lawfdl property, and ‘‘such whereupon he might maintain an ac- tion of trespass’’—4. ¢., mastiffs, spaniels, greyhounds, bloodhounds—by reason, as Lord Hale says, of the base- ness of their.nature; nor of some things wild by nature, yet reclaimed by art or industry—4. ¢., bears, foxes, fer- Fete, &c., because they served not for food, but pleasure. (1 Hale’s P. C. 510, 511. ‘The same rules are st in substance in 2 East. P. C. 60#-614, except as to dogs, be- cause when this author wrote the statute 10 Geo. 8c. 18 was in force, making the stealing of ible apon: a conviction before two Justices. repeats the same rules—(4 Black. Com., p. 236, 236.)—and says that ‘dogs of all sorts, and other ee bi for feng jleagure, though 2 man ve a sort of lease Feeeeir and rasintain a efvl action for the lows” of then are not of such estimation as that the crime of stealing them amounts to larceny.” If this author means to say that a civil action could be maintained for the value of dogs, if lly taken, it is difficult to see why they were fot within the protection of the criminal law at tho time he wrote. It will be observed, too, that instead of using the term base- nees, in connection with the nature of dogs, he uses it to stamp the kind of property which can be possessed or en- Joyed in them. ‘As such parts ‘of the common law as formed the law of the colony of New York on the 19th day of April, 1775, have been retained by the constitution of this State, sub- ject to the power of the Legislature to alter them (const. art 1. sec. 17), and as dogs were not the subject of lar- ceny at the common law at that time, it is proper to con- sider whether the Legislature has altered the common law in this particular. At common law the only descrip- tion of property which could be the subject of larceny was “mere moveables having an intrinsic value.” Things savoring of the realty and written instruments were added by statutes, (the People vs. Loomis, 4 Denio, 380.) The statutes of this State have extended the law of larceny further than the English statutes did (Tb.) By the 2R. &., 679, sec. 363, it is provided that “any person who shail be convicted of the felonious taking and carrying away the personal property of another, of the value more than twenty-five dollars, shall beaiijgdged guilty of grand larceny, &c."’ ‘Personal pro ’ as here used, is defined by a subsequent section (2B. 8., 702, sec. 83) “to mean goods, chattels, effects, evidences of rights in action and all written instruments,” &c. Sections 64 65 increase the offence if committed in a dwelling house, or ina ship or other vessel, or if com- mitted by stealing in the night time the person of another. Section 68 relates to the offence of severing produce from the soil of another, or property from the building of another, to the value of more than twenty-five dollars—which was not larceny at the common Jaw. Sections 66 and 67 were intended rather to be rules of evidence than to serve to create or designate any distinct offences. They relate to written instruments—z, e. bonds, covenants, notes, bills of exchange, drafts, orders, receipts, lottery tickets, &¢.— and provide for ascertaining the value of such securities, or declare what shall be their value, if stolen, consid- ered as the subjects of larceny. They commence thus:— “If the property stolen consist of any,” &c.; showing that the particular property referred to is “personal pro- perty,”” within section 68. Section 69 relates to the stealing of the records, &c., of courts of justice. Since the Re- yised Statutes went into operation the Legislature have made the offence of stealing railroad passenger tickets, before the sale thereof, or before being issued to the agents of the companies for sale, the subject of larceny— (BR. &, Sth ed., 960, 960, secs. 75,76, 77.) This isanew have then Ge fond apes under the People ys. Loomis, ci above. e law stood, these tickets would have had no value until they had been issued by their respective companies. ‘As I understand section 63 of the Statutes, it is meant to define the offence of grand larceny in reference crime, and would no to per- sonal property, and to declare that everything which is personal property, which can be, or is, held, or enjoyed as personal property, is within the protection of the stat- ute, It appears as though the Legislature, instead of entering upon a minute statement of the kinds, or species of personal property which could form the subject of larceny, d= that this section should be construed in the most comprehen- give manner. It is not more indefinite than is that still more comprehensive provision of the constitution of this State, that nopergon shall be ‘deprived of life, iberty or property without due process of law.”’ If the meaning of the term “property can be in the latter case, the meaning of the terms ‘personal property” cer- tainly can be in the former. i ‘This provision of the constitution underwent judicial consideration in the case of Wynchamer vs. the le, 8 Kern, 378. That case will be remembered ag involving the constitutionality of the late law to prevent intempe- rance in this State, the Court of Appeals deciding the law. Comstock, J., in his opinion (page 396) uses this language:—Now, { can form no notion of property which does not include the essential characteristics and attry butes with which it is clothed by the laws of society. In a state of nature property did not exist at all. Every man might then take to his use what he pleased, and retain it, if he had sufficient power; but when men entered into 80~ ciety, and Ege and sciences bag gg henenneg property was gained by various means, for whereof p oper laws were ordained.” (Tomlin. Law Dic. 2 Bi. Com. 39. objects, therefore, are property in the true senge, because they are impressed by the Jaws and w of society with certain qualities, among which are, - mentally, the right of the occupant or owner to use and enjoy them exclusively, his ab- solute power to sell and dispose of them; and ag property consists in the artificial impression Of these qualities upon material things, 8 whatever re- moves the impression deetroys the notion “obyeloally al- though the things themselves may remain un- d.”? “tt what is or what is not depends upon the Jaws or usages of society, it ld be im) to say that the quality of the exclusive right of owner to the . use or enjoyment of his di absolute ‘to Bel and di of it, and the and attri- butes of property—had not been impressed by those laws tn naagea upon that nfeful animal.” It ‘property ia a uo- tion. of society—if common consent is the basis of, or re- quisite to its recognition of maintenance—for wone of the Drute creation coald hia, peanclpld be letibed, ‘with more that property ts one’ therefore, the law is bound to guard us in the of—the inquiry arises, how are dogs looked upon sidered by the law? Ca ie tie fualsed te ling & oo aay perec its Owe ‘ous dog, which is permitted to run at by er = ho fat os t Fu asthe Owner hay- notice of its vicious tion.