The New York Herald Newspaper, January 30, 1860, Page 8

C to mob lew, ruice saprems. Indeed. we ‘the city of Mexico to speak of its disso. 4 a from the gates, avd proceeding INTERFSTING NYiWs FROM MEXICO id ae Whe Revelaiior, in Mexico Che Liberals we. the Cen grariste or Caurch Party Awaset ag of the Mexican People te Previ¢.ent Comontort Recasted—Natton- Sileing tac Charch Propecty={mmeons? | Revenues of the Charch=No Purctst Unterference Necessary to Seitle the Al fairs of the Natlon—Interforence of the | faire” Miramoun, French Minister ta Politieat Pacific Ratlresd—Marqnc?, We have received the following iofurmation ia regard Pe the state of atairs in Moxie, from a gentiomaa who game passenger in tho stoamebip Tennessea, which arrived mi big port a few days Biuce. Pee Mexican people at the time of thelr independence were in s diferent situation to the Americans at the time they deciarcd their independence, The Mexicans had to | @hoke of the double yoke of the pricata ant their alle giance 10 Spain. The serlos of revolutions up to the pre. | pent Ume can be traced directly to the church. Nor has there been any sign of a hiberal government in pow ¢ ‘but what tbe church has used its infinence to dr ‘er force it to succumb to its dictation. This eh we- @emphabod, not directly by any act of theirs, unt by ‘Wribing those assuming the title, for the tims being, of eiMeers of the army, who, up to the time of the adminis. Watien of President Comonfort, wera tho rulore & futo ‘of poor Mexico, The present revolution of Mexico was tp absolute neceeeity, because even Comonfort’s, or any ther government, could not possibly have work: reforms that Ue present revolution hes produced— My years under the old regime. Thus, although':he ho vals bave been beaten in almost every baitie, yet Loy ave made more progress morally, in imbuing their idea’ ‘em the inhabitants of the conntr: In all tho States bat they have been in possession of they have car vied into efiect the law of the Tih of June Meet, nationalizing the church property. The very misfortunce of the liberals will probably be the gal- wetion of the country, because if it had not been for the Romulgation of a code of iaws for the government of the mation, no others would have been passed, 89 that this ‘was the only resonres left to show them—or rather the éstadlichment of a basie-—to indicate what thoy were fight- tug for, and w convince them of the necessity in order to @arry these laws into effect of confiscating the church pro perty. The people of Mexico are now fully awake to the Principles sought to be established for their futuro well Being, and notwithstanding the veil of ignorance and dark ‘aces songht to be thrown over the minds of the people, the latier appear to understand where to draw the line of @emarcation between their friends and their enemies. To ‘Gis end, the majority of the Mexican people are now con- ‘Winoed that the treaty made by Juarez with the United States was the only mistake that be has made, as it had ‘the effect to change the support and influence of many li- ‘Derals causing them either to go over to the comservaiives ‘@ tw embrace the doctrines of the cen‘ralista Or church party. This was because the Mexican poopie re Gerded this treaty as a bin of gale of the eountry, and a departure from the priaciplos for which they were fighting—namely, the establishment of the Mexican tation upon a free and solid basiz, So far ‘Was this feeling carried, that some of the gonerals thonzht at to Vera Cruz, and agreed to solicit the return of Comonfort. Many of the most influential mon in Mexico aro engaged in this revolution, and they have a’ Jast come to the conctugion that Comonfort is one o} best men they could have to preshue over the destinies of fhe Mexican hation, although some of them were. ie ad minietration, clamorous for his removal jx Dut this they ascribe te spprociain the hberal ai mongh! to Ble for hi hava car the libe- measures thi forced to say th feo years hard fighting since the exile of Comon the only progress they have mate bas bee Me Mexican peopl ‘that the church, and ‘priests, are a the moral, gocial and physical progress af mation; and that, feeling this conviction decp! the im ' was at Marrante de? Melirams Mut efor hie arrival tbe cen # bad pot beard from bim for ten aye; they ihongtt that he had fatted jy dispersing the Nberals, aud they wore on the eve of getting Up & provancdamiento to fr . WHO Was then dp j2!), placed wbore by Mi- yau0a, having been placed there for robbing the conduota. from Guadaiajarar Miramou's arrival wat qnite oppor- aud then de learned the proctsa state of things, he ail the chureb betle in the town to be tolled in ha- pe he said he had accomplished over the Hderals bait took among the discontented, and Miramon stil) enjoys power. This fallow, Marques, 4v0ve alluded to, is @ bloodthivaty highwayman, a. plant tool | of the Church party; bis history 3s one filled wrth yovolt | Sog crime 4 few years ago he selzed, a friend of your ) sorrespo + apd threw hiss into prieon at Trptc, and | gave Dim until rx o'clock the follaysing morning to pre ) Pare for death, unless released By the prigoasr’s frients ‘on payment ola round sem Of Money. The scoun ire | knew bis game, and succeeded in getting $16,000, whe | he allowed bis prisoner to dopart, “He i6 a man ofaho.! } fifty years of age, and was cae of the “stool pigeons” » | Santa Anna during tbe time the latter was in po wa ‘There is no Mexican or foreigner tm Mexieo that can bear w hear the name of Marquez spoken. ‘The Frene)) Min ter ia Mexieo 38 alleged ta be ona ot | the collet rsup friends of the robber Marquez, and is | ealdtobaye v one of the getters op of the pronunciamisn- samen and elevate the former. A short time ie @ beast that a French fleet was on ite way to Vera Craz, ip copeequence of the non-payment » millions of dollars alleged to bo due to Spato ® On what grounds he Based thia theory of 1 née becoming bailif for Spain Tconld not learn; but |. Wis Ido know, that be stapped his bravado when an Eng. Viehinan im that Sogland would baye @ fleet there, tao. to pret uch proceeding. of a Pacitle Railroad, the Americans woakt jure they leap A railroad to the Pacidc mance much serious consideration ore suek & great eatiay of moueg will work. Those that engage in it wiil i sn OF SAGINg & reasonable prospect av their enterprise. Runovtog a aij arven waste, or tunnelling threngh | be ; De required th de | Do desirous befgre: of repaying Wem road ‘through a in order to pass through an unpo ted district for thongands of miles, will , pever make tho tock pay a dividend. } he embryo teyee route, and tho established Pay.ama . may be made, in the courne of time, pay- 5 but the great ronte for a railroad to reach the mais op the Pactiic, ia order to renier it a must eventually 2 on the Guit bran pear Texas, and, Dg across and throvgh the most populous parts of Mexico, receiving the pairoaage of seven ‘millions of Mexicans. The reute, although a little eireul- tous, will be over table lande, and find its terminus in the State of Michoacan, or seme etber contiguous State, within fon days gail of San Francisco. By this meang & short route would be established, bringing San Francisco withio twelve or fifteen days travel of New York. This road can be constructed tor $40,000 por mile. Passing from the sulject of vaiiroade, allow mo to re- turn to the enbject of the revolution in Merice, The liberal party is bound to be the dominant party in Maxi. co. ibis making sure steps to efect this end, and only xg by temporary defeats. Hight tenths of tho nd it tenths of the wealth of the country is under the control of the centralists or church party. Thus will be seen tho retarding cause of their 09; nts. The great ditlioulty with the hberals is that ‘thelr policy will not admit them to use such filega) means carry on the go. Yernment as those adopted by their opponents. They simply ask the people for enough to pay for the adminis. tration of wholesome laws, while the church party etate the sum they want. and back their demand up by the point of the bayovet. This is tho difierence between the policy of the two principal political parties in Mexico. The liverals at this time, although pureving the casy paticy we have alluded to, are notin want of resources; all they now geed is a leader aud discipline; and by many Comon fort ie named os the man. it is tiought that jis return to Mexico wonld excite eurpriee in the whole bation, by the return of bim who, seme allege, was the cause of their present troubles; but thinking mon, those that watch and measure events, eay that he did all ho could do when at the bead of affairs to establish a wholesome basis of government, beginning at the plan of Ayutla and driving Santa Anna out of the country. Thia was done when the liberal party was in its infancy; now there are ten ibe where there was but one then. These facts will no doubt produce a reaction in favor of Comonfort. The people have great faith in the Uberais; wherever they goin ascendency they at once make friends by their desire to Co justice, while their opponents appear to sapetion robbery and injustice in all forms. The Slates of Mexico into which this civil war has not Tamanlipas, Nuevo Leon, Coabuila, been carried are Durango, Chibuabua, Sonora, Michoacan, and for a short | time only in San Luis Potos!,’ Aurelia, Guanajuato, Guada- Iajara, Jabsco and Vera (rus. Jn these Sates the peopio have Considerable resources, but the belligerents have not been sbleto reach them.” The people calt heméelves consiitutionalicte, ‘The old 2vgime of Mexican government has departed, never mare to return. ed upon their minds, thoy have resolve’ to re Gomonfort to be their leador ana guide; and the iaagnaze | NEWS FROM HAVANA. B, that if he doos go back it is desired that ho w | Rees Ewa ees the whoie of the liberal party and carry into effec Jewe that the |iberais have bees absolutely forced end that he , under a quiet government, such as he at first to carr, would not have been able to pass. Up to the present time, with the exception of the froniier Biats, the constitution has been buta pieces of paper, be- auee ihe forces of the contralists or church party havo evented it from being carried effost. Thora are Soconts of people who cail thomselves conservatives who ba’ me to the conclusion that it is absolutely or inducement could be br my ‘wards the ‘and the corrupt power of pricstcraft and power neutral ised or driven ontircly from the land. Ni he | paght | mecessar y to nationalize the church property, and if they by jught to Tsan t6- | iberal side this object would be accomplished, | barking the California mails and passengers, and those for ne-tonth of | Arrival of the Empire City=Birthday Salutes te the Prince ef the Asturias=— | Seene on the Rampar md Harbor—A Number of Americans the City, &e. ‘The United States mail steamship. Empire City, Captain | McGowan, arrived at this port yesterday morning from New Orleans and Havana. She left New Orleans January 40, at § A. M.,and ar- rived at Havana on the 22d at 6:30). M. After disem- Havani sho left the following afternoon (234), at 6:30 P. Se erin would rect: sucks an the great | M., for New York, proprietors would join, seem to os i Yador uuser 9 misapprehension ) that the Ivorals | | THe ere avec nine empresa desire to meko an equal division of the property thundering ealnte from the heavy gune of the Cabanas, of the nation among the inhabitants, regardless of title | opposite the city, and others in its vicinity, as also at noon er eccupation. might svem egregious ignorance, to ‘Miwk that men of iinmense wealth would entertain suck idea, yi tholess it is 80, and \t re- an ignus fal 30 thy land proprietors’ ‘minds of this bugbear, before th ‘their cance. The congervatives #ia0 bar vonious impreseion. The war in very imperfectly understood by people outside of @mutry, judging by th» tone of the moet reliable ne ors, whe Tico itself, there are ft Shut whon asked to which side the: ® so indefinite that tt would puz & anderstand their prov ‘Me present is a war of ra Blood has got °o an em | ot a War of races, it ism war of principics. ‘Tho Liberal government now see the necessity of making ¥aitroads to open the communication botween the Sea coasts, thinking by thie moans to establish a commercial spirit ani scptiment, which eventually must turn the minds of the poople with from scones of ivil war xud bloodshed to the more peaceful and lucra five chancels of commerce. But even@he developemout @f this practical ica is considered impossible us long as fhe church power monopolizes such o vast amount of the Productive national wealth. The plan of allowing the enurch to interfere in politi ers has been too ofex fried, and the conclosion has government can be et n Poiled of its power, ‘To show you b the same er atera® shn ¥ much the c! gets in perguisiice for doi ng nothing, Two the p : ene tenth of mous fees acer’ ducts of t rom christex an be induced to join Mextco seems to be > | and sunset, followed by (he ringing of Dells and other ) manifestations of joy at the retorn of the birthday of the | youthful heir to the Spauish throne. { asthe Empire City lay at auchor under the walle of the Cabanas she was particularly favored, ono of ite guns (a inch), direetly overhead, proving an especial “great re’ to the os. Hs entire rampart was lined with tho heads of the soldiery, viewing thonce the avimated in the harbor below and the city opposite them, comicaly resembling the row of broken bottles imbedded in mortar found on the tops of garden enclosures, &c. Sun rot and the Empire City’s departure stilt found many friends who had ‘stuck’ there all day tm fll “ canon ticals,”’ in the old position, in- dulging, as we left the anchorage, in humorous manifesta- tion of mock gricf—tearing their hair in pantomime, waving hanckerchiefs (those who owned them were by | no meane legion), and kiesing bande over the walls of the i fortress. } An unusually prodig programme promised to reward i } the pleaguro serlting pnblie in the evening | Business is reported da! {| Froights are doing? Exchange is q more Ameri burying of foad—in the aggre - csasion during tt ene fith the the uation. With this enoraous * - ‘ 8 Bie feome the bishops do a proiitable business in louning The Empire City bas had boisterous weather during tne ‘out money ¢) tl fas or Inne praprictors, entire pastage from Havana, no pay @bandsvime Intercat to % a@ short time ago one of the the nico Title sum 0 money brokerage (ae bishops are no! eery to the atnount, ne they wilt accommodate ateral or undonbied © the liberal thers of the ,000 in serny sion the church property three fifths of the prococ aged to liquidate the debt of the pation. It ig a sigu.do fact that, wherever ch property has oba: aun private enterprise tas bean more fully developed. Most ‘ef the evils of Mexion—and indeed the great evils that havo befallen this unfortunate country in eivl war, the e@xccution of unjust laws for the taxation of ihe people, ee rapine and robbery on the score of de ing the holy religion—are directly (raceable to the ehburch party. Among thes evils ts the presence at time in the nation of ten thousand ilicgitimate chil n. ‘This arises from tho fact that the bishops put stich a hich price for the golemuizing im marriage that the poorer @lanses cagnot aflord to pay it; hence a system of con Wimage hee been established from uecessity. The ¢ ‘marriage contracts, which an enactmeat of the liberal rnment hes established aod carried into effect, has tt ont mck © tion and many auathemas ip interior or exter’ the church law has, however, beoe Teerived by the px The chu party bas ‘ost ' almost ail” its iniluence, exoept, perlaps, with the @id women, and many of these are disposed. to give war. do not mean to condemn the pri to, for to fempt this would be an act of gre ‘ne empong them 9 _ = ee nS, die. guar their ap lutios with holy geal. The great evil fm te immense power con’ ad a Hon oe ‘the dishope. They are the once who rosy tate thes and the ineome of the ot rata eho way the priests trom ten to tercaty toliars per week, and pocket the rest a Much has been said in the Usited States about seading sn armed force to sottle the domestic broils of this coun fry. Those who think such an interference woud be Productive of the last possible ‘Ouly show the utter yous igporatioe of Mexican character. instead & body of mea sar fe ag and comfort from either side of the boliigercats, they would fini that the Ps ‘hem horse foot avd dragoon from the land, so that thoas ‘who now contempiate aey quch maracding oxpedition Thad better stay at Lome abd take care o° their awn concerus. Mexico at this time ig only em war domestic gent ina he? cya to those of Charles the First” aad ret Cromwell's time. Another , among intelligent Mexreang, ts is in regar€ to the annoxat.on of Mexico to nited Seance, dificulty anticipated would be that would be demanded by Mexico of being . dadeed, they state that hee no ter- Slave bor could compete white labor. Mexico has last its pristine beauty, end to- civil War more than aoy osher Fe streets are dirty, ts baftdis Gilmpidated; the people unretilod, and marta’ ae, ar at thar Toad through Mies | Jatapa vermertiate il Wi and nothing Some bobs 3 ideas, and think new ft Batecedeats were bat, he tas become reepoctabie by bie elevation to be = present position. A short timo ago he elements would make commoa cause to drive | OUR HAV ASA CORRESPONDENCE. Havana, Jan. 23, 1860. Spor tes, Receptions. al Amusement: —The Opera el Monkeys Aga: a Prima ns of a Comune ae | ‘Yuvs Is our Prince of Asturias’ birthday; therefore wo } are all merry. No work done in the public offices —Beras Monoe at the Palace at twelve M.; three bands of music salyos from the battery of Isabel I. on the front ram- paris of Cabanas and echoed from the gray walls of Fort Principe, morning, noon ani at the going down of the sun; reception at the Palace to-night; iluanination of | the Rouse and of the Tacon theatre, where we are to hi with a strong cust, “Lucia di Lammermoor’? and the last act af “Gemma” de Bergiy? the Campbell Minstrels at the Villanueva theatre; the dogs, monkeys, goats, elke, } sorts of tral nimale and humanities; the grand cirews of Cbiarivi; an extraordinary bat? 28 Tatoons:; dilte mere exwaordinary and icss select at the Exchange (Bolso); dissolving views at the Le Grande; pauoramas everywhere, and the balls, not to be forgot ten, from four to six o’cloex P. M., ded women, warblers, giants, dwarfs and pigies ‘There te autagoniam for the loose money in ovr pockets. Max Maretzok will have to be au tha qui vay, and not presume to think that if be gives us ammonia that we aluall esteem it otto Of roses. ‘The pablic flag, and he pave to give them more of the prima donna—the | powerfol Amorican contralto, s Adelaide Phillips, | Howe due to the people who bare 20 generously sus tained hain, and without it they will leave bim for the where they ei langh their full monoy ‘a t loaat something of animal capacity Jiewtay of trained apimais, ander the | UotOrship of Donwettt, ant hie carteties, located at several INPONAD! Poinis of the cig, i= colulyg a fortune iv Spanish Ounces. Tart evening was the last of tha moukoys fora | fow weeks, am they co tothe oonniry for heli and ro- or ; Abd thowsan*s ware sont away from the doors standee space. at thé Palace was pamerousiy at- | te penal, hetient. The night will be ne Countess of Ban A) Ush wih great rapid win, inet trip, encountered very heavy woea- thor, and nearly a!) the paesengors were sea eick feraalce were peculiarly aff ted —one deranged in couse: ae ond the other with fainting and convulsions. il noglecting hie etyp dates, Capeain Smith fount time to give pergonal attention to these two persons, Could not bays been extended thr the eervants of tho ship, ad through his constant kicdiy watehfulness and attention crowded ship; and Mr. 3 5 @ays, “that but for this care they would never have reached Havana alive.’’ When there is negligence we justly blame the guilty of it; when ton what duty might reqaire, it is just to spealk of it. Sogar markot dnl: No, 12 at 94 a 10 reals; stook 15,200 dozen, sgrinst 19,009 in 1859; capped, 19 Darve Bavana, Jan. 23, 1846. ‘The Seimire of the Ocean’ Bird tm New York—Spe Opinion on Die Sidijer. &. Vinform you this morping af ie arrival yestordar of the steamer Pajaro de! Ooaano, from Now York Ter sen aro by Capt Graham istormed by tho Hiario de la Variva of yesterday, 224 Instant, areal act of piracy, a) 0 de- mand is spoken of, ia the same article, from States by the government of lor Majesty, for the nitleatious due for the ssinmenke darace’’ eceasior the owners of the steamer for delention. The last two sentences of the article iv the Diario deta Marine read as follows:—Wo boliewe that raid gontlemen (the Spavish purchasors of tho eteamer) have alreaiy estab lished their claims, and bavn received from the govern. ment that consideration they had a right 1 the ease hasno donbt been already presented government of the United States by tbe worthy regrescm tative of ber Majesty in this teland, TO THE EDITOR OF THE MURAL. In your paper of to day the telegraph news from Savan- mab (per Inabe)) says the steamship ire City, ‘rom ‘New Orleans for Now York, hat Beon ashers at the en- trance of the barbor of Havana, but got oi! wiihout ma- terial damage, The Empire City enterod whe harvor of Havana ov the evening of the 224 inst. and was anchored by the pilot abroastaf the lower wharf, on the Carn Blanca side, opporite the citv. The stern liae was made faet to the bark Martha. J. Ward by tho pilot boat, which verso! Jaid outside of us. The tide fell about oighteen inches during the nizht, which cansed fhe vorselt9 touch the bortom (soft clay) sligbtly. in the morning we anded the mails, passengers, for Havana, and took on board two lighters’ freight, and at the rise of the tide im the afternoon (281) proceeded to sea. J. MOGOWAN, Ouptain. ish Veited The Charge of Swindtieg Emigrants by Means of Bogus Tickets—Important Charge of Judge Ingraham in Reia- tion to Ticket Swindling. COUR? OF OVER AND TERMINER. Before Hen. Judge Ingraham. JAN. 28.-—-The People vs. Frank F. Fouler.—This ease ‘was resutued by the dotendants calling their witnesses. Charles Nichols deposed, that he is passongor general agent, at 75 Greenwich street, and has been for eight years; knows Mr. Fowier’s place of business; Fowler bas been engaged in the business about one year; Mr Fowler bas sent tickets like the owe produced to my office. Q When tickets like this come to your office, rigned by Mr. Fowler, what do you do with thom? Are they or are they not good for a paseage to the places which ie repre Seuted on the face of the ticket? (Objected to and ruled out.) Q When sucha paper as this is issued, do you know for what purpose it is iseuea? A. No. Q When such papers as this are issued, do you know what is dope with them? 4. They are. exchanged for the ES, Norn ticket. Q Have you seen and know that papers like this, sued by Mr. Fowler, wore exchanged? A. Yes; Mr. Fowler gots $2 commission on $3); I sell tickets for the Bremen ime; they are not my own tickets: they must be signed by Mr. Sherman. if were any mistake in the certificate presented to you in the name of steamer, whether thoy would regard the name of the steamer as bap bape OT not, Or would they be sent by the first steamer that was going? (Objected to, and ruled out) If Mr. Fowlor had sent this certificate to you, would you have given a ticket jor a passage? A. Mr. Gilbert al- ways camo with the er, and I would expiain the mis- take in the name, if there was any, and then I would send the passenger by the next steamer if he liked it “By the Court —I’ a possepger had come to you with this certificate, without Mr. Gilbert or Mr. Fowler, would you bave given a ticket for it? A. If I knew it was Mr. Fowler's ticket, I would do po. Crore examined by the District Attorney. —If Heine had brought that ticket to you, would you have given bim a parsage ticket for it? A. Noir, ni the money; IT don’t know of any case in which I have given a passage op Mr, Fowler's ticket without the movey. Wiltam Robinson, hotel keeper, knows Mr. Fowler to ‘be two or three years in the general passenger business— California, Liverpool, &¢ ; Lhave frequently seen tickets like this produced, in possession Speers stopping at my hote!. Q Have you been with those persons with tickets similar to this down at Fowler's effice? (Ibjected to. Objection withdrawn) A. Whenever they were presentd good tickets were givon for them; haye knowa Mr_ Fowler for two or three years Cross examined—Kept a hotel in Greenwich street for six years, do not keep an emigrant boar house; bave had a good number of boarders en rowle for Europe; think i have bad a dozen German boarders; think several Ger- mans have taken tickets from Fowler's ofiice; have down to Fowier’s with a8 many.as twenty 18 for the purpese of getting their tickets exchapged; have mever known a ticket tsuct by F. F. Fowler to be }, Kowler has given genuine tickets on several lines of stcamess; never knew him to give any other. Re-direct. The fare on the Hambargh and Bremen line of sieomers ie the same Counsel having summed up on bath giles, tae Jiige proceeded to charge the jury as sollows;— 4 TUE JUDGE'S CHARGE 1 join, gentlemen, with the counsel for the defence when he catled a Leen rom a yoor made oo like prejudice either against the prisoner or anybody con pacing eh the Distasi wih be ee. Tknow that you bave a! exariined upon subject, add you have testiled that you haveno praca? but I go further than that, and counsel you against suffer- ing what you have heard ypon the subject of these ticket frauds to influence your judgment at all in the disposition of this case. Endeavor; if possible, and you can do it, to lay aside from your mings the fact that you have ever Deard of euch a thing, and try this case on the evidence presented, and’ on that’ alone. No jury, if their verdict ends inthe covviction of the per- gon pecused, do any good to the community, when they suffer that verd. da by prejndice, or by any arises from the conviction that their minds are biassed upontho evidence presentad, T there- fore » with the clin urgivg opan you that you shal} we of this case in that way The defendanthere is hi ‘d with anotber man (Gubcrt) who wag his clerk, for obtaining froia Christian Hvine money upon fa'se pre: tevec. The alleged falee pretence in the indictment is that they represented to Heine that a certain paper which they gave him was a genuine ticket for a passage to Bremen. Now, this pretence must be proved and proved in that form im order to warrant a conviction of the defendant I mean to lay aside Cnurely a great portion of the argumentof the coun- sel for the defendant in this matier—which was undoabt- ty right on bis part to present-—as to the objections that he baé taken, but which, in my jadgment, are not neces- sary to the disposition of this cate; f mean so much as has been sad which relates to the contents of Uiig paper, and the efiect of it in making out atalse pretence, As to the paper itself, J do not think it is sufficient to constitute the Umence, and, therefore, 80 far as the argument for the counsel for the defendant bas been I mean go to charge. Gentlemen, 1 wavt you to understand this: if this case rested npon that alone it would not be suflicient to warrant you to ind p verdict against the defemignt, but I will take the other statements in the indictinent, upon which I will make a few remarks. It alleges that parties, iutend- ing to defrand Heide, fatecly pretended to him that a cer- 2c0 of paper Was a genaine ticket, which entitted passage from this port to Bremen, and that upon retence, Which wae relied upon by Meine, they ob from bim $25, and defranded Lim of it. Now, it is not necessary in making out pretence tat words sould be useg to that eileet. Tue pretence may be gathered from the facts as well as fiom the words. Gentlemen, the history of this trangaction isa very clear anda yery ebortcne. Heine arrived in this city and iz taken by a ru r conicbody else to the office of the defendant. we there Were twWo persons—the clerk and the efendant now upon trial, The person'who took him there informed them in the English language that Heine wanted to goto Bremen. The clerk theu asked him in German where he wasgoing, aud he told him to Bremen. He asked the prise of a ticket, and he was told that {t was $85. He objected to the amount as too high They told bi that was the lenst they cowid sell it for, and they then wrote this piece of papar, pow produced in evidence, filled up with his name, took the 835 from him, handed the paper, end then told him “It was ali right for a ticket to Brene That is tho history of this Wavsaction. It is immatorial what that paper contained, so far ag rey the offence, if it was not a tickctto Bremen, I do not now refer tothe rujes of law, but merely to the facts, If trom the whole of that statement, you come to the concla- sion that the defendant knew that the applicant wanted a ticket to Bremen, and his object was to purchase it, and, knowing that, gave him this paper for a ticket to Bremen, takivg from him the money for it, aud b me him it was all right for that purpose, thon the facts of this case are. mace ont. There® no doubt about the payment of the money, and that the moncy was taken by Fowler. Now, for what was it taken ? ‘bat waz the object of Heine's pry og it! Tho evidence on the part of the prosecution shows that this was not a ticket such as is understood by that designation, nor is it tended on the part of the defendant that it was. But itis contended on the part of ‘cfeuce that this was given as a recefpt or as a certifi- cate. Hwas to be brought back to the offige aad ex- { changed. Jt contained a statoment that it pury d to be addressed io Mr. Vowler, at bis ploce of basinces. [ bard!y think it pec ry to Comment upon the form of this paper. 1 preter lanving that to you. In the examiinauon it bns appeared that this man was a foreign. er as far ag any information is belore us WAS a man not understand the English language except very Slightly. Now, io order to make out the offence against the defendant, you are to find, in the fret place, that this Jalge pretence was made; in the next piace, tha that pre- tence was & falsebood, upon which the monoy was ob taitied from eine—that is, tuat tho paper which was given to him, and which’ was pretended to be a ticket, ‘was not a ticket; and in the next place, that they knew that to be falso. | That is not contradicted upon. the other side, because they do not pretend that it was a ticket. Again, in the next place, thatthe tranesction took place in the way detailed to you for the purpose of deceiving Heine; and fo the next place, that itmust have been of such a character as would deceive euch a man under ircumstances; and In the next place, that he was deceived by this, and in consequence thereof he parted with bis money. Gentlemen, you mast find these matters from the facts besore you, and if you fad them to be true then you muet convict the defendant. Tf you do not find those’ things to be trne=-if vou do not find tha the party raaile this false protence—that ho intended to defraud—of course you must give.a verdict in favor of the dofendant. Tam asked to instruct in reference to a ¥% betweon the proof and the indictment, but the view fhat I have taken of this cas® J think renders it unm . 1 genticmen, that these are all the instractions ry for ue to give toyou. If you bave any doubt sub- eet, give the benefit of that doubt to this defen You met take all the cfr: connected with tion Weyer ted endeavoring to ig — truth Or the error charge against entity Gnd bim guilty, That must be. youp verdict it 300 ared’ that be is, If you bave mo Feasonable Soubie upon the object render your verdict accordingly If the evidence does not satisfy yon of this intent, give him the benerXt of that dorbt and acquit bim. Fx Recorder Smith—I underetoot your Hever to Sete to the x in your charge that they cannot take into consileration the wete of the party at foie paper was given, 1 would pr. that point that it canvot dictment; the indietment oa the falec pretence consists in of it alleging § Heret iteolt rt—1 thin’; yon are mistaken. The false pre, a YepTeS puing tha! this pices of paper was a te Mr. Spsith—"Phat, Tsay, ia the only pretence, and the acts of the prrty eappot be taken ‘nto consideration for the porpose of cstablisding that To that portion of your Nonor’s c?sarge you will be kind epongh te grve the do- fondant Benet Na Coort—Certainly. Y Me. Smith--I ask your Honor to charge the jury thet‘ *¥ Delioved at the Mme Fowler delivered thie paper to © party that be invant to give bin o ticket for Bremen v. “the next steamer, that he is not guilty of tho offence an laid in the indictment—if at the time he re- ceived the $38, he Intended on the presentation of the pa- wr to dim at his oftice to give the complainant a tioket to Bremen in the next steamer that sailed, he is not gullly of the offence charged against bim in the indictment. The Court—(to the jnry).—-I do not geo that that varies atal trom the charge already made to you, gentlemen. Tf he was going tn give him e good ticket hé would not have intended to defraud, apd be would not have bad tho intention to defraud, The intention must be gathered frow shut traneaction as ft is submitted to you. he did pot intend to defraud him of the $35, of course he cannot ‘de convioted. ‘The jury then rotived, Conaulting together for half an | hour, they returned into court and rendered a verdict of , guilty Frank F. Fowler, who had been previonsly ont on bail, was then committed to the custocy of the Sheriff and re- moved tothe Toombs. The penalty fer tho offence ig tm NEW YORK HERALD, MONDAY, JANUARY 30, 1860.—TRIPLE SHEET. FINANCIAL AND COMMERCIAL Bunay, Jan. 29, 1860, | The increase in cotton receipts over previous years bas not yet begum to decline, all predictions { to the contrary notwithstanding. Last cotton week | the receipts were 163,000 bales, against 120,000 , same week of 1859, and 69,000 same week of 1858; | so that the total receipt to date is now 2,612,000 hates, against 2,190,000 to same date last year, and 1,290,000 to same date 1858, The exportto Europe, both from Southern ports and from here, continues very large; the price, however, isnot qaite as firm as it was last week. It is quoted quiet in Liver- pool. Many dealers have been exfeoting a decline here, and have been surprised by the steadiness of the market on the other side; but these parties probably pay too little attention to the gradual spread of cotton goods thronghout the world and to the steady increase in the consumption of cotton thronghont the continent of Europe. In breadstufis we note a very quiet market, with- out material variation in prices since last week, with the exception of corn, which continues to de. cline in consequence of the receipts. The advices from Europe do not encourage speculations in prisopment ip the State Prison for not more tiree years, or a fine—in the discretion of the Court. The ac- complice of Fowler (John Gilbert) was, immediately on the rendition of the verdict, surrendered by hie bail and commited for trial. ‘ourt then adjourned to Monday morning at ten The o'elock. Captain Grahsm and the Seizure of the Occan Bird. THE NEW YORK HERALD. TO THE EDITOR OF Aer ‘8 Henan, aver Ibe sii my eteam- ship © deprived of her Your resdéra would not give me credit for much loca) learning ii T were to oresnme that any one st all familie whh the histery of ihe writer of that communiestion would he ke ly to take eny of Die stetements as & falr exooaition of the trath. Bot, potwithetanding their source, J think there areone or two pointa touched upon article upon which neither of wy former communications have been sufficiently explicit. not distine'ly said, that the present purebssed ber fair value, without notice? of the defective title Nothing ‘can be furthar from the truth This ship, and ‘my other two, the St, tawrence avd the United are by same party or a. company of persona in Coda, to whom, in the winter of J2f6, 1 hargained to sell the Ocean Bird for the sum Of two bnrdred and ity thousand dollars. and who sent this Shia some. Captain Viademonte with others to New York with ine {0 take posanssion of her, under tbat purchase. They were, turing the whole negotiation which led ta tuat pur: chase, periestiv acauainted with my relations to Mever & Stacker, apd with their relallons t> my steamebips - Hat Berane, sod fairly i hair eontrnet while i Now, Yor OS a pe Sa py ‘opon the sbips on my paying the w pan witb the Hanta 6€ $85,600 all of whieh T waa de: sirous to pay, aud intended to pay ont af the purchase mo- ney of the Cor Bat findigg that Meser & Anoka had bills of sole of all ike sieamsbipe which were absolute tuned their faces Gur such waa the form {n whlch T scoured them for thetr pronoand loan to me) they were intucnd to, Jota With Meyer A stucken to éefraud me out of the whole of them They purebaeed (rom Meyor & Btackan, Cor $190,000, the three meamedips which had ovat me, and were world, balf « ail: Thon of dollars, While thie negotiation was soing 02 between the agente of these Sparta gentlemen and Meyer & Stucken, I became aware thateome scheme prejudicial to my righta wason foot; and, tharetore, through my attorney, served wrilten MO: tices upen all of them of the facts as they existed, and warning them that if they in ans wire loterfered with these sleambioe, 1 abuold bold thm caeh and ‘Sets principe for ali ma It was, no doubt. a kn wed; lea ‘Viadewonte to surrender the Gcean Bird to me upon my first demand. Inderd, there Ia some reason to pee that the surrender (Jer the demand. and a rin it if refused. most have bh thet with @ view to yeen anticipated), was mace Prevent the replevia Bull, antielpatiog, through the mock faites by. (winch. Capiala Rynders wae smuggled Yon Ubat possession wor reg’ . vessel ay veithont pivtog the bond, which, in'the event of my Feplevying her, would have been ‘nereasirs, for her, value Eneh plan ta quite in Keeving with ‘ait te proseedinga of there ‘Cuban gentlemen in relution to these steamships, and perbeps not eniirely contrary 10. the habits of the country (9 which they belong Al all events such was tbe result, and it is. # faraiiinr rriveiple that a party (s ebargeable with iutending todo what be actually petiorins. ‘The probabitity of this view ia pet @ little eubanced by the coudect of the parties. and ppenerieniy. $f Rynders ag falted by biunselt and at the hazard of 1 ‘ag unter: Sesckiy ty areclen te thle. word, et as ook for a moment at he com: ‘Op Monday evening, he us, “athalf past nige or ten ‘clock. he requested to go on board the sbip ant ve 5 ‘caplain snd crew.” It scems, from his statement, was tre “United States authorities” thet were invoked {p.bis person to Jo act. goes, not as & Marshal, nol.ae the * United States authorities,” for he had no proceas; be went ua Tsainh Rynders simyly. not even as Captaia af the pire Club. Be went at roidnight, for be bad been told that ‘aptain Viademonte had teen puton shore by a mob of oi rates.” Befinéa “the sbip in of ‘Graly nith erew on i (hey had not slept on board alnce Bois resisted, aud finsity ad tire “He finalty departs trom two of hia ctlioers on, board w keep Femoving the vessel.” Thus far tiene’ A + emt wate Nene satya ot oe we. a facie. Prt Me humane Raiser Roe jaw. rynders, jonnd posees- bad po process of any hind whatsoever. One fa believe word, inet na narrated by bimaelf. y arrived in New York), tne shiv. crew to re- sreucel not te perge fempt in. the prer failed to obtata for himeelt the have been accorded to the bumblest, who might be armed w! legal process, | Vie oid, however, atempt TERA aRDgy la prone was deinanded. but ay ice. fy be sought to entarce revolver. eyuntly foie fir every one knew? the Captain vould be fhe last igzer when any one was look’! threet ‘This eifort was succeeded on the following day by a noless ve. nal ‘of ascumed official conduct Libel were fled against the abip by the procurement of the Spanish Captain apd Nia advisers npon claims, payment for whieh had not only Been provided, but which in any view could not rationally be relevded io be Nene With tioee “monitions,” which ‘sndera clalme were placed in bishan¢son Taestay. he comes on Moard. Had these processes been issued upon valid elattae, they cole, gave the Captain authority to ‘erest and detain the ship within the jiriediction, He bad at lenat dive tien, He ‘Do right to exclusive possessicn. He made uo atvempt to di midnight, por until after the ht On procesees were all handed My me, and 1 proved by tbe Judge and served on the Marabal. express previsions of tbe act of March 3. 1847, suspends the from the arrest. From La had vo color of authority to set a foot upon the eck of that vessel But it is after this that be enacts, if for a moment we assume to credit his statements, big haa: expleiteof valor. Itgras after this that be, with the aid of 175 po'icemen, puis the Spanish captain and crew on board and escorts them into the stream. ‘The case then stands ibus: I was in peaceable possession of ‘that vessel Trom Monday at 12 o'clock to Thursday ut two, when J was induced to go on shore and yield up possesion of the ehtp to Capt. Pyaters, ce reience 4s bald of truth. as devoid of honor, and as maliciously wicked as any that bas ever tended to give Capt. Rynders the lodisputabie character which is now 80 universally conceded to bim. Tshall not here repeat what T stated in my communication of the th inst. T will only adi, that no such order was ever made or entered as that under whieh Capt. Ryrders ‘No lawyer will ‘Serert thet there wee power of jurisdiction in the Corrt to. make apy. such order or any order in the premises. and if there ‘was the slightest color for saying that any order whatever bad been made which se — or Mr. G. W. Morton might claim to have believed conferred such authority on Cat. Ryn- ders, no one wi! doubt that it would bave Jong agp been pa raded in the prdiie pay After Thad deen thus got on shore, Cart Ryndere put the ship in possession of armed meu, ‘who held ber with threats of aseissination to cage T or any one on a teers enlees a _— e en aa uuder the Took pr mm of &@ police foree of 175 , the Spanieh - iain and crew were marched on board. tinder the command ot Capt Rynders apd bis men, and the vessel pushed into the siream. (0 get her beyond the reach of !aw 1 wish to know, sir, if the public have no stake in this mat- tert Jf Captain Rynders bad not been clothed with the bebili- ments of office, be could not bave achieved this actof lawless violence. It is that the public presume their officers are under process of law tbat makes them qnick to 5 is!Ato tke arbitrary and lawless act of appsrert oflicial power. Had tsaiah Rynders deen only the Ca; of mo! now have been iu in dat to value of the vessel. To be liable and to be responsible are tivo quite distinet matters. ‘Another inquiry also 1g itself to me:—How came it that 175 were Uy detailed to deprive me of my i Are the Pelice Commissioners servants of the officers! are they the servents of Isaiah Rynders, act- it et of Inw -and {a direct violation of ler—acting rot ax Marshal, but as Oaptain’ We were, told when | the new police pon Nook, ‘that Purpose was lace the police ot the city in more responsible and Felinble bapds than those a single man who shonld to be “counted in” Mayor et some: polities] inflnence was paper ari ‘and upon what guesiiva; that it sbonld reeult in taking from woe By foros & skip Thad built and never eala: Will you tell he pabll, rz Very respectfully, JOHN GRATAM. New York, Jan. 1860. Domestic News Items. Waaune orv Lone Istaxp.—On the 23d instant several fin-back whales were seen ef Southampton, and a boat gent in pureuit, bat without succes: 0 next day, the old whalemen of that village struck a right whale, which will yield about thirty barrels of oil. On ‘Tht also they wore again in chase of the monsters, but did not effect another capture. A Woman Mvrvenep tx Conox:.—On the 26th inst. a ‘woman named Caroline Cxllochan was killed at Cohors, N. Y. Sbe was very pear the period of her confinement atthe time. An affray occurred at her house, growing out of the use of liquor, during which she was brutally kicked in the abéomen by 4 young man named James Meigban. Soon after she (os mom i _ suffer- the most horritje agon' q child is also eis ahe murderer fled ater the decih of the wouan, and bad not been arrested at last acconnts. ‘Tre Pte Sonn Teroar.—This terrible seourgo ix pre- vailing to some cxtent among the children of West Py N. ¥., and several have resulted from it this week. Dssrrvordm-or 4 Gown Factory ny Fink —The largo new of the Holliston, Maes , comb factory, were des- troyed by are carly on Wedneeday morning, with all the contents, including @ large amount of stock. adjoin. ing was badly 5 ‘Tue Worcsstay Spy sare ‘that the baildings were heated with steam, and managed with great care. The only inference ia that the buildings ‘were seton fire. The loss will not fall below on which there was about $10,000 ineurance. or'the ‘buildings throws out of employment about bandred hands. Scaves Pormony.—Five servants be! ‘Me. Thos, ‘county, Va., living near Free Union, Alber R NasPocael lanl week, and all of them died from the effects of the poison adurinistered. Several slaver belong ing to Mr. Maopin and bis peighbors bare been on suspicion, grain or flour here; notwithstanding the deficiency in the foreign supply, the markets of England and France remain stationary, much to the disappoint ment of holdershere. It is, after all, a question of patience, There can be no doubt but both Great Britain and the Continent of Earope will re- quire flour of us before next harvest. But until they have consumed the heavy stocks they had on hand when the crop of 1859 was harvested, their markets may remain sluggish. In ordinary times, when business is active, such contingencies are foreseen and discounted beforehand; but last year was so dull that merchants and specu- lators do not seem to have got over it yet, and appear unwilling to take any risks. The corn crop inthe West is turning out very well; Southern Minois is producing more than ever before. Milling is going on very actively throughout the West. As soon as navigation opens there will bea heavy shipment of flour from all parts of the West- ern country. The foreign produce markets look well, as a general rule. There is more business doing in tea than has been the case for some time past, and prices are rather firmer. The stock in second hands is limited, and holders seem to think that the necessity of consumers will cause an advance in the market. Sugars are depressed, and a de- cline of jc. has taken place in the price—a natural reaction after the late advance. Coffee is higher: ata late auction sale very high prices were ob- tained for Rio. We are exporting coffée freely jnst now. Hides are firmly held, but buyers do not seem inclined to meet the views of holders, and business is rather dull. Spices are quiet. Wool was dull in the beginning of the weck, but closes firmer. The spring season of the dry goods trade does not open brilliantly for the importers. The stock of goods on hand is unusually large, and | from all that we can learn there will be some diminution in the purchases by Southern houses. Some buyers from the far South are in town effecting par- chases of staple goods; the Virginia, Kentucky and Tennessee buyers are hardly due before next month. The West is expected to buy freely this spring on the strength ofthe crop of last year, and the general recovery of business. As, however, the importers are taking even more foreign goods than last year, there seems to be every prospect that prices will rule low late in the season. At present, the importers ask more than they did last year; the jobbers are buying sparingly. The following are the comparative Custom House tables of the trade of the port for the week and since Jan. 1:— . Taporrs. ome ee iat! |e Boe arian’ 11,088,459 15863,907 Sores Riser er ater tl eS Total for the week. ..$1,804,070 4,640,212 6,186,311 Previously reported... .4,086,644 11,785,008 12/240,098 Since Jan. 1......,..$8,190,014 16,632,120 18/653 /288 Exrorrs Exewvaive ov Svrcr. ! 1950. 1580, For the week.,........$1/419,007 1,174,188. 1,499,553 Frevionsly reportad.... 1,904,081 1’35%012 9°587;720 Since Jan. 2.....+..$3/823,728 2699,200. 4,007,579 - Ports oF Spncm. 1858. 1560. For the week, $1,244,305 81,300 Previously Peper 3448175 soajos2 Since Jan. 1.........$4,088,549. 2,943,161 814,702 The banks are expected to show an increase of loans and discounts to-morrow. Some of the large banks have been unable to fill their lines, in conse- quence of the scarcity of desirable paper, aud the dalness in business consequent npon the non- organization of the House. The last average of loans Was $123,536,931. It ought not, for a year or so to come, to rise much above these figures. The reckless importations of foreign dry goods prosage @ resumption of specie shipments at no distant day; and unless the bavks are careful now, when the time comes for them to contract, in order to pro- tect their specie, a great deal of mischief will be caused. What with politics and over importations, bank managers should look for trouble this fall. The banks have been gaining money sinve last week, and should show an increase again to-morrow. steamer from Aspinwall arrived with $1,760,582- Their last specie average was $19,233,494; this time last year they held $28,000,000. Bhould Congress | organize next week, as secms to be expected, bank average will soon run over $20,000,000 5 The Sub-Treasury receipts still continue heavy; the spring importations are coming in freely. and the | amount paid in for duties is large. The balance | stood yesterday at $8,951,129, against $8,352,485 at } the close of last week. Nearly all the takers of the $4,500,000 of treasury notes awarded just before New Year have paid up the amonutof their awards: the notes are current at par a 4 premium. The money snarket has hecome quite easy again. Money is left with established houses on the Stock Exchange at five per cent, though people who go in search of money pay six, and occasionally as much as seven per cent. At the discount houses we hear of an occasional transaction at 63, where the paper is unusually prime; the genera | rate for first class short acceptances is seven, and for prime business paper, 4 a 6 months to run, 7 a 8 | per cent. Names less known go at 9a 12, accord- ing to standing, &c. ‘There is thus very Iiitle choice, | paper offering; business is checked and delayed by | the factions proceedings at Washington and the | uneasiness created by the political agitations of the | day. As soon as Congress gots to work there will | be a better demand for money. \ Foreign exchange closed lower yesterday than it roled at the close of the previons week. The im porters are not remitting as freely as the bankers { expected, and there is still a large amount of com- | mercial bills pressing onthe market. Most of the | foreign banking houses ssk 109 for sixty day ster. ling bills, and 1094 for short sight. But very little business was done for yesterday's steamer above 168}.a j. Commercial bills ranged from 109 a 10S}. We hearf sales of very good bills at 1054. Francs were firmer for the Wednesday's stcamer, but fell offafterward. The closing quotation is about 5.183 for city bankers, and 5.20 a 21} for out of town bills, Brokers seem to expect fewer bills from the South, To-morrow will be the last day for deposits to be made atthe Sub-Treasury here on acconat of bids for the $1,100,000 of the loan of 1858 to be awarded at Washington on Tuesday at noon. As the amount is emall,and the popularity of the loan not very great, it is notlikely that there will be much com petition for it; the prevaiting opinion appears to be that Mr. Cobb will have reason to congratulate himself if he gete } per cent premium. Takers may have inscribed stock if they prefer it, instead of The exportihas been nominal, and on the 24th the }VPen ty, aud all other charges , Copon ‘stock, and we presume that they will a Svail themnelves of the privilege. The folowing haf been the course of the stoc market daring the past month:— a) 79 ON Reading Sibu eae Erie... CSF) aS a te tog ty . oe & ox @. 6336 &s 2034 19% 19% a0 1s 108% 12054 130 be 76%, 753g TOM ti 3 The warket continues to fee} the injurious effect of the proceedings at Washington and at Albany. The non-organization of Congress and the inflam- matory speeches which have been delivered since: that body met, have deterred many prudent indi- viduals from investing money in stocks. As soon 48 8D organization is effected, the public will pro- bably take a more active share in the business of the Btock Exchange. On the other hand, the Jat- tempted legislation at Albany, which wonld have the effect of seriously injuring all the railroads of the State, and transferring basiness from them to the rival lines in Pennsylvania and Canada, has ikewise exeréised a powerful effect on the market, Central is now selling a8. low as it sold ig April abd May last, when the earnings showed @ falling off equal te $100,000 a month. Galena fg depressed by unfavorable traffic reports. It is known that there is little or no corn on the line of the road, and hence the business fs light. Stil, the price of the stock is unprecedented. Parties con- nected with the late direction, and hoatile to the present management, are apparently working for the fall. Rock Island maintains itself weil. The corn traffic on the line ia very large; last week 45,000 bushels were brought into Chicago; the re~ ceipts for January will probably show forty per cent, increase as compared with last year. The trafic on the Michigap Southern. the Tlinois Central, the Cleveland and Toledo and the Hndson River is likes wise very large, and the increase over last year fally up tothe expectation of parties interested. The Blichigan Central is not doing as well. Read- ing is higher, some heavy purchases having been made by Philadelphia houses. The general impression in the street appears to be favorable to higher prices, as the usual elements of a rise—cheap money, increasing traffic and come mercial recovery—are all combined at the present time. In former days, no such increase in railway traffic as we are witnessing could bave been report+ ed without causing a corresponding appreciation in the shares. Nor will it be different now, theugh from the uneasiness caused by political movements, and the disfavor into which railway property fell” last year, the result is not as speedy a: was ex- pected. We subjoin the Pro Rata Freight bill, in ite pre+ sent shape now before the Legislatare of thig Btate :— ‘ Tar Pro Rata FReiort Bri. tion or carriage of rty, is up a full and ‘complete a arrabgement and in the order, from beg to lowest, as each railroad cor- poration for ftself, shall rate the relative valde of trans- ion of all and singular the property usually carried g.Fis oe the whole oF say portion. of the line of ita rail- Toad, and shall designate several grades and orders of such arrangement and classification, as clase, $, 8 and 4. Such arrangement and clarsifieation shall’ also contain a ful) an complete of the rates and prices respectively, at which such railroad will transport each prbagal bd class of articles of pro) lesser or fractional part of a ton as toa ter quantity than one ton, (except as herein provided,) Ported uy; the whole or part of ita railroad. petrespha Secs teetaataioe an Well for a svt or float of mon a8 greater quantity than one ton, 7 Receiving, ‘handing which us! has been trangported by the car load, barrel, ', Or other Kuowa timantity” and ‘not by the ton, then gueh 8] be mado up inother reports as aforeeaid, by the car oad, barrel, pack: age or other known quantity, specifying the rate per mile at which the sare shall respectively be transported by the car load, barrel, package or other known quantity, ag poecahngy ne tegpes A sums respectively, for the re- ceiving, loading, ding, handling, delivering and do- ing the other things aforesaid, by the car load, barrel, package or other known quantity, and which last sums shall in no case exceed the said som of forty cents (40) per ton, whether transported over the above, or a part culy of’ its railroad. a Every such raltroad corporation shalt at al! times take. recelve, toad, unload, handle ‘and deliver, and do the’ oiber things aforesaid, ’all way freight, and all property; from any station on the lime ofits railroad to any other station on the line of its railroad and from either terminus of such railroad to a way station, or station om the line thereof, which it may transport ordinarily over the line of its railroad, or any part thereof, and it shall traeport each and all said way freight and cach and every item of, and article of eaid property, transported upon its railroad at the same rate por ton per mile as that mentioned in said arrangement and classification and specilication, except as hereiw provided, and at the same rate per ton per mile upon a portion of its said railroad, a3 upon the above line thereof, when any item or article of property shall be vaneported upon any such ratiroad, and the same shall not be mentioned in the hoses yer. classification or specifications herein required to made by ‘the railroad upon which the same is transported, thé same shall ba transported at the lowest rate per ton per mila, ag afore- said, as mentioned in eald arrangement, classification and epecifications aforesaid, for any other item or article of receiving, loading, un. ing, handling, delivering and doing the other things aforesaid, the same shall be the lowost rates per ton meptioned in each specification for such purposes. No article or class of articles of property, ‘according to the ar- rargement and classification herein named, shall be charged a price for transportation per ton per mile greater than double the rate imposed upon the lowest ar- Ucie or class of articles named in such arrangement, clas- eiflcation—ores, mineral. coal, excepted. The same price shail in ali cases be charged for the ving, loading, uploading, Landing and delivering and doing the other acts aforesaid, in respect to any pl 'y, whether thé same be carried upon the whole line of said railroad er only upon a part thereof, aud such charges shall in all cases be according to the arrangement, classilcation and specideation afvresaid. Every lot and quantity of pro- perty, although the game shail consist of two or more items, articles, barrels, bales, parcels, or other known quantity (bein; of the same classification and arrangement foresaid), offered for tray at one tine, or named upon one bill of ticket, or otter method of designating the property intended for transportation, for one name or names shali be consider- ed one lot and quantity, for the purpose of ascertaining the rate, and aggregate price at which the same shall be transported, received, loade?, unloaded, handled, de- ‘ livered, and jor doing the other things aforesaid. ‘Any fractional part of a raile which such property respective- ly shal! be transported, when the game shall be trans- ported more than one mile, shall be considered as a whole Taile, in ascertaining a ei of transportation of said roperty respectively, No railroad corporation of thie State shail give to any station upon ite Ine or expe term!- nue cf its railroad any precedenoe or preference over any other ‘ion toon te eaid railroad, in the vse of its fa- cilities Cor the receiving, transporting , handling or deliver- ing or doing the othor things aforesaid, of avy property which inay be transported cither upon the whole or any part of its railroad, and ag near a8 may be, shall receive, transport, handle and do the other things aforesaid, alt yy whish it transporte upon the whole or any part of ffs railrond, ia order of priority of tender or receipt, at any etation upon its tive of such property, for the pure pose of having the same transported to any other statiog upon its railroad, . A plainty printed or written copy of the arrangement, classification or specification of pricer tor x te! and for: forceat. receisinz, loading, unloading, hand'iog, €ellv rarding te Aner (hinge sforceais, which shall¥o @ time, 2 sigued by the pregicent, president, geveral freight agent or tuperiotaniest oF oath rallroad soe sence kes ken penance ost in cach freight house, s' » tack taftroal errporation, or used by It Im, connection ‘with its railroad, which copies, Shall at all riots hinaeanee dior apar each srmeogeaseat, Can s reapor. Sucl ' 4 ciseail ‘igned ao sloreeaid, cation and ci specification corres. i send