The New York Herald Newspaper, August 15, 1860, Page 2

the Duke, imme- Sy: fq that they walked about together in their shooting jackets, unrecogni” ipiinite ‘smuscment of the younger ‘indsor boat passed the Styx he was seen uy gangway, near the, paddle boxes, in + . d rf ith reat hearty cheer from her decks, accompaaied with a gi of rey ‘caps, to’ which he readily responded by repeated bows and uncovering his head. Thea, the military band struck up ‘God save the Queen, and the man, in whose bonor it was, and whose standard Foatel from the main topmast of the vessel that bore hig enward, felt, 1am sure, proud of the position ia which the accident of birth had placed him, Iwill now turn my attention to New Brunswick, whieh this city is the insignificant capital, and where the Prince arrived on evening, at half-past six, by the river steamer Forest Queen, from a point on the Kan- St. with his friend had anchored, and a g cy narrow belt of land, forming the y of Fundy. peared, Cape ie being more than.eighty miles 4 pA Dot more than ten miles tn breath’ ore 1g rocky. nd here and there bounded by ifs. The harbor of St. John is safe, but not nodivus, especially at low water. The tides and Bace’: and on a very col rise twenty-six feet, go leaving long shores at low tide. Partridge Island is Situated at the mouth of the harbor, and on it there are @ battery, lighthouse, signal station and hospital, Between the island and mainland there is a long narrow bar to be s:en at low water. Eastward of the harbor there is a broad, shallow estuary, terminatit in & marsh aud a deep ‘ravine that ruos westwai ‘and separates the town of Portland from 8t. John. The harbor of St. John bas the important advantage of being accessible at al! seasons of the year. The town is built ou afrocky peninsula of very uneven ground, sloping in opposite directioas trom a central ridge. The whole shore is lined with timber, pouds, booms ant shipyards, which receive the numerdus rafts floated down the river A little more than sixty years ago the site of the city was a rocky headland, covered with cedar thickets. It was thea the refuge of American loyalists, by whose industry it was founded. Up to the year 1784 it was a part of the colony of Nova Scotia, but in that year a rapture occur- red, which led to its Becoming @ separate province. On the morning following my arrival here the streets were busy with the stir of human life, and the hum of voices tiled the air. Mogt of the shop doors were open, but their shutters wef closed, and a genera! holi day appeared to be the order of the day. At ten o'clock I followed the crowd on foot to Keed's Poiat whar!, where the landing was to take place. The Styx, gaily Gressed with flags, lay mid stream, opposite, at anchor, and workmen were busy erecting the stage ‘on which bis Royal Highness was tovsthp from the boat. The guard of honor of the sixty-tbird regiment, from da- lifax, lined the way nearest the water, and after them came the Volunteers and the trade and other societies. The Lieutenant Governor of New Bruns: was in wait. ing between the ranks, as also several of the municipality ofthe town. On either sides amphitheatre seats of tem. porary censtruction were crowded with thousands of the loyal aud curious, who cast eager glances towards the man.of-war, whose yards were already being manned, Suddenly, and while the carpenters were still at work on the stage,,there generai shout of “Here he comes}"’ and true” to the words, a boat with the royal staudard fluttering at its peak came bounding toyar the shore. ‘Thea boomed out the glorious music of the loud toagued capaon ina royal salute, with which the voices of the macees blended ina grand chorus of welcome. Harrah! Hurrah! Hurrab! shouted the excited multitude in their —— ardor, and cheers rang again and again till the ince had eutered his carriage at the ead of the wharf and disappeared from their sight, when the cry of #el- come was taken up and .echoed along the ranks by frest: muititudes assemyied tw swell the concourse in honor of their (future king. I passed from the wharf in the midst of a crowd, to which that of the Japanese ball at New York was only second, and had the felicity of joining in a foot proccesion as fur as the house in which the Prince was to take up his abode. The long etrect we had to tread was very dusty, and the sun was shedding his brilliant lustro but oppres- sive warmth over our heads, and the carriages containing the Prince aud suite stopped suddenly at irregular inter- vals, whic: bad the effect of damaging the shins of those nearest, and throwing all followers back in disorder, to the eutire gice of the small boys who looked on from the windows acd sidewalks. ‘The boys and girls of the united schools threw buuches of flowers et the carriage as it passed through the Grounds of the Louse he was to occupy, beyond the en- Arance to which none but the Priace, is suite and the Governor were allowed to pass, ‘Thea the procession, which isclided the Mayor of Mon. treal, who wore the same great big conspicusas ahain of office around his neck that had attracted so muct atten tiow ou the part of the natives of Halifax, retraced their steps over the hot, dusty street in the direction of tue Court House, where the Prince met them at halfepast tweive. Tuer he took his stand oa the «mail pistform erected for him in front of aa open space of groand, where about five thousand people, with uptarued faces, Were assemble f to look at ant cheer bia while the pro- cession of trades and firemen filed past, then halting t@ give him a hearty we. ‘Is that ali?’ said the Pri end of the long procesion, ad eustle: but the ery was ‘still tuey come,” after thie be held ever, which was attended b; geutlemen in white neckties and clothes to match, ‘4 was then that the addresses, which I have already sent, were prevented. The Prince, having paseed througlf this ordeal, drove home and charged his vniform for a plain suit, in’ whica he grove to Carietou—a suburb of the towo—and retura- ed to dinner at eight. Hisowa suite, and the Governor and Attorvey General of New Branswick, alone dined with im of this occasion. At pine the next morning he was off, as before meation- ed, tor Fredericton, The reception there was enthustas- Uc enough for the place, but a mere lukewarm demonstra- Yon compared with the ovations he is destined to receive elsewhere He urrived at palf-part six on Satorday afteravon, and landed from the steamer Forest Qaeen at the wharf facing the Produce Building, where a crowd of abou, two thousand people bad assembled to ercet hita. Tae cheers, however, which emabated from these were fainter than loyalty would have cietated. The Governor a companied the royal guest to Government Flouse, where be was domic ied ¥ cile in Fred -ricwon. Be atten with bis suits on Sunday, in plain mou white hays, and heard some very picasant remarks about himself and ber Ma- jesty, bis mother, from the mouth of the Bishop. ‘On Suncay evening be went to the river side and had a chat with the Indians, and ou Mooday mornin, o'clock, he recetved au address from the tgisiative body of the ‘Province, to which he returned the following reply :— GesturwEs—I receive with much gratification an ad ress, which, whilst {t broathes the spirit of loyalty to the Queep and affectionate attachment to ber tantly, which auimate the whele people of this province , does not fail to remind me of the claima of your ancestors to live in the memories of your sovercten and of the British gation. The commercial activity of St. Joba, the thriving agriculture on the rich banks of the river which I have traversed, and the inviting aspect of this city of New Brupswick—al! tend to convince me. from your gratifying assurances, of the happiness which you epjoy under the itusion of the it State, and the {ree institutions which you . wery Visiter to your shores, bet, more especially, tae son @f your Queen, must carnestiy pray that your peace- ful avocations may never be distarbed; but, in caro such misfortune such await the empire, I rejoice w observe that in this, as well ag the provinces which | have lately visited, the self relying spirit of patriotism prevaile; aud I see tn the discipline of your volunteers the determina- ‘on to protect the pational honor which is manifested im the Queen's dominions. 4 your earnest prayers for my present and future ha». pines. An edcress was immediately afterwards ted by the municipality of the coanty of York, to which be re- pled thus — Gretimeny—I sincere!y thank you for this address, You rightly estimate the motives which induced the Queen & direct me to uadertake in her name this visit to the ressiog the Dace of New- iringly, toward, perity aod New Brupswick and the other North American provinces, ‘The state and condition of her extended empire have ever been cle of her earnest golicitnde. Protting by ber ew 4 following the impulee of gratitude for the Kincoess which i bave everywhere met with, [shall aever forget the interesting scencs which have, day ater day, since I set foot on there shores, been presented to me, Again I thaxk you for your hearty welcom: ‘A third addross was presented by the ration of the city, which ran thas or ant Corpo. To} fie Rovat Miewwes Aueret Eowann. Penvee or Waves —The Mayor and City Dourcil of the erty ov Frede rictoe most ly greet your Royal Lig \nees with respectfully aright bearty welcome to the metropslis of Ne tae Wick. From the affection we entertain for your royal mother, our beloved Queen, we bid you woleome From our regard to yourself, as the tov of such & mother and the heir apparent to the throne, we bid you welvome. From oor attachment to the const ‘ation, whieh atmits of #uch a benign and maternal sovereynty in the person of your Beloved mother, we bid you welcome. ia oledie: ‘to the universal heart throb of our empire during your provincial war, it larger And see greater developemenis of woalth and art than we present, but nowhere can there be found & people more devoted to the throue than in and around the “sileflia nobilis.” May the King of kibge era clously proveet your Royal Highners daring yout proepec. Give tour, and bring you safely bome again to the land of our tatbers and the sonebine of the royal domestic circle, To thie address be alo rénd the fo lowing reply — Gesrurny—Your hearty reiterations of weicome de. mand ty warmest thanks. Ju the name of the Queeo I thenk you for the expreesions of your loyalty, aaa for the just tribute whieh you pay to the acta of her reign, and the sentiments which have always animated her. in my own name, aio, I thank you for the warm reception [have tet with io tbe city which yoo reprosent, and for the earnest wishes for my we fare which you have oxpres Your city, no doubt, ie eal! to comparicon with many others which | am about to vir't. ot the eothueiaem arth which you #0 londly greeted me on aatirday, aus t Goriona! quiet which prevailed yesterday to y treet NEW YORK HERALD acerta T have just read British subjects in relat eetee al a 23 ch go LFREe sbtareia sis this morn! Steamer could not loave the up with which the Priace a John at three P. M., by the Sty: a: ‘closed, the triunspbal (emaed standing were ¢ tr . the multitude had eelioeye The Prince bas gone by way of Windsor, Truro Picton—a barren route, and very dreary. i a BE THE PRINCE OF WALES IN NEW YORK. MEETING OF PROMINENT CITIZENS AT THE MERCHANTS’ BANK—-A PUBLIC DINNER TO BK GIVEN aT THE ACADEMY OF MUSIC, ETC., BTC. Quite a large number of our most prominent comprising gentiemea weli known in almost every de- partment of professional and mercantile Ife, met yeater- duy noon at the Mercbants' Bank, ia Wail atreet, in com- pliauce with the following call:— i Dean Sm—You are 5 Al 34, at tweige o'clock, to day, August » preparatory te a w hehe od upon the occasion of his expected visit to our city. Should you be uvable to attend, which we trust will not be the case, please signify your willing- ness to allow the use of your oame on the committee by a Wm. B. Astor, Joun A. Dix, Pelatiah Perit, Robert B. Mintura, Wm. Kent, John J, Ohaco, Moees Taytor, Wilsoa G, Huat, Gulia C. Verplanck. Among the dietinguishea gentiemen preseot wore Gea. Wintield Scott, Cyrus W. Field, W. M. Evarta, George Opdyke, Dr. Valentine Mott, J. J.’Aator, Je.; J. W. Fraa- cis, W. It. Schell, Dr. F, Tiemann, Peter’ Cooper aad R. 8. Stewart. On motion, Pek end M. B. Ficid, beq., appointed secretary, ‘A large pumber of letters from well kuown gentlemen were read, acknowledging their receipt of an avitation to be present at the meeting, and regcetting their ina bility to comply therewith. raid The object of the meeting was kc adopt Some measures for evineing their reapect for the Prince of Wales, aad those accompany iug him, on bis arrival ua Now York. He (Mr. Perit) understood that the plan proposed was a pud- be given to the Prince at the Academy of Music, The inniediate object, then, of the present mect- he dinner, to ing was to appoint committees, aad make all neces wary arrangements. . Cynes W. Fie: said that 4 correapondeat of bis ia Newfoundland, who wus on terms of wequaintance with the Duke of Newcastie, bad recently writtea to him stating that his Royal Highness had accepted but two of the invitations coming from the United States—one that of the President, and the other that of the city of New York. He thought, therefore, that it would be advisaole to bave a committee appointed to apprise the Prince of the movement, and t ascertain whether the od. Ject of the present mceting could be carried out. It was suggested that a committee be appointed to pro- ceed directly to Canada and act in this matter, in order that dettuite information might be obtaiaed as to the acceptance of the invitation by the Prince, The majority of thoze preseat were, however, in favor of first appointing a general committee, to take euch such measures as they deemed a¢visabie and proper. ‘The following gentiem were per vores E inted by the Chair as such Comiatttec.—General Winfield Scott, Peter Cooper, W. B. Astor, August Belmont, James Leu- pox, Hamilton Fish, James W. Beekmaa, John a. Dix, W. A. Aspinwali, Augustus Schell, Matthew Morgan, Geo. Opdyke, J. B. Brodhead, Robert B. wre, Gulian C. Verplanck. yobo W. Francis, Wm. C. ‘aut, James WW Gerard, Charles O'Covor, Moses Taylor, James J. Roose velit, E. Pierrepont, Gerard Halleck, M. Pied, William ', Jacob Harsen, A. T Stewart, Francis B. Cutting, Wen. Curtis Noyes, Francis Hail, D. Duer, Wilson G. Haut, Wm. D. Duncan, George Bancroft, John'H. Brower, Joa 4, Cisco, Cyrus W. Field, Frederick De Peyster, Henry J. Raymond, Schuyler Liv iogston , Moses I. Grinuelt, Geiyge Fusom, Wa. Webb, Mott, Aaron Vandor- pool, Charies King, Isase Ferris, Joha Jacob Astor, Jt. Jobt Van Buren, Win. A. Walker, J. W. Meserean, Joseph Watson Webb, Shepherd Kuapp, Thomas Titeston, Robert L. Sie wart, Jon W. Hes- son, Wm. J. Brady, John McKeon, Daniel F, Tiemaon, James Brooks, Benjamin II. Field, Jas. Lee, W. F. Have: meyer, Jobn J. Jonnston, Daniel Parwh, Robert J. Duloa, John D. Wolfe, Peter Lorillard, Beu. F. Manierro, Chas. A. Das is Sherman, A. A. Low, Richard Lathers, G. D. Morgan, F. R. Kowter,’ W. Geo, Greer, Geo. P. Nelson,” Georze W. Bethu ry, Wa. B. Hottman,'C. B. Hoffman, aL: Ro! , Cyrus Curtis, Robe rt L. Cutting, Heary C. Pi David Dudley Fle!4, Dantel L De Peyster Ogdea, James G. King, Henry Charemo*y, Teoac Bell, Jr ; Joeeph Peabody; Stewart Brown, Josopa Sampson, Luther Bradish, Reuben Withers, Royal Pheips, Frederick Bronson, Robt.’ L. Peil, Bradish ‘Jonson, Gao, T Strong, Samuet B Ruggles, Andrew A. Mickle, Arehi- bald }. King, James 1 Spaufding, Francia Sciddy, RM. Biatenford, Simeon r, Marshall O. Robberts, James Buchanan Henry, Charles’ H Russell, James Puauett, George 8. Robbins, Joha Steward, William C Caurch, Greene ©. Henry Grinnell, Robert L. Kennedy, George Griawold, Wm. B. Crosby, James T. Trady, F. Winston, C. R. Roberts, Robert Kay, Joha A. Kise, Joha Charies H. Mar- Ww. Jr. Bev}. R. Winthrop, John Siossen’ A. C, Kingsland, James Harper, Joon Jay, Jona D. Noyes, James G. nett, Johe |. Jones, Marshal Letferts, Arthur Leery, Wm. ©. Schermer}orn, A. E. Silliman, Francis Cot- tenet, Jowes Bowen, Wiliam Allen Butior, Wm. Kent, Jas. Brown. Geyer.” Scort remark: | that al be heartily con. curred with the gentlemen io thetr intentions, he thought he ought to request that his name be withdrawn from tne commutice, He was to have the honor of receiving Lord Renfrew at West Point, where he, the General, was at it ping. It was true be waa a resident of New ‘ork, and to pass the remainder of his days here: but after ail, im the city he was merely in camp, aad he might be suminoned at any momeat to go across the water or to the other end of the contineut, Ge would, therefore, request as a favor that his name be withdrawn. The Cuamman said he trusted the General would a! them the houor of his name. No onerous duties wou d be assigned him, and they would be gratified if he would graut them liberty to retain it. The General made no further objection. Mr. Buxsamin H. Pinup then moved the adoption of the follow ing resolution — Resolved, That the following subcommittees be ap pointed by the Chair, with er to thomeelves t) fill ea. cancies:—1. A Comm! ten on lavitation. 2. A Com. mittee of seven on Tickets and Finance. 3. A Commities of seven on f 4. A Committee of seven on House and Music. 5. Committee of seven oa Decorations, 6. A Committee of seven on Toasts, ko. 7. A Commitice of ten on Dinner. 8, A Committee of seven on Polics and Carriages. 9. A Cominittee of seven to proceed to Canada ys tender oo —— to the pa wh and 10. Committee of seven to proceed to ington to iavite ‘and Cabinet. Tue resolution was unanimouly adopted. and the follow. ing gentlemen ited upon the several committees — Comamitice on Invitations.—Jaliaa C. Verpianck, Moses H. Grinnell, William B. Astor, Geo. Bancroft, Jno. A. H. Aspinwall, Gerard Ha'lock. King, Moses Taylor, Wm Finance.—Roya! Vhelps, Thos. Devaing Duer, Committee on Tickets and Tileston, Henry Grinnell, Matthew Morgan, \ wart. —Hamilton Fish, Lather Bra- dish, Robert B. Miasurn, Peletian Perit, Chas Kiog, Jao. |b. Cizeo, CO. Hatated. I beg you to accept my thacks | | som, Join Jay, Robert J Dillon, James Buchanan Robert Committers om House and Music —Charies Aug. Davis, Rovert L. Catting, M. B. Fie, Peter Qooper, Marshall Let. ferts, James Lee, on Decorations —James W. Gerard, Geo. Fol- Beary, L. Stoart, ©. B Hoffman. Commitee on Toasts, de —William Keat, Geo. W. Be thune, Joo Van Maren, Gerard Hallock, Wm. M. Evarts, ‘Wm. 6. Bryant, Charles O°Conor. Commitice on Dinner —Join R. Brodhead, Jas. De Peys- ter Ogden, Avgust Belmont, Arthar leary, Jno. W. Book. man, J. J. Astor, Jr., Robt. Ray, Wm. Allen Butler, Wan. Schermerhora, B. Dupcan, Wm. ©. Commitice on Police and Carriages —Jacod Harsen, Aa- thony |. Robertson, Ben). F. Maniorre, Wm. V. Brady, Edward Prime, Wm. Tucker, James Canada Committee —Wm B. Astor, Joba A. King, Wm. F. Hlavemeyer, Robt. R. Mintura, Hamilton Fish, Wilsoa G. Hunt, obt, 1. Kenneday. Ww om Committer —Royal Phelps, J. J. Phelps, ut, Reuben Withers, Augustus Seheu, Samal lew, leaned Rell, Je. Bxowns offered the following resolution, as xpreseing the action of the meeting Regoivet, tbat thie meeting extend as invitation to bis Royal Highoes the Prince of Wales and his suit, to a Public Gimuer,to be present sd by the citizens of Now York a! such dime a# shall enit the Price's conveuteace, and that thig invitation be signed by the Chairman aud Serovar y The reeolation was adopted, discussion ensued as to the manner in which the should be given, but this was aaily lof wita tee. 1k was suggested that a special invitation be extended to Mevor Wood, Te s\n moved and carried that the committee ap- Poin, . to co to Canada be instructed by the meeting to Proosed Loither immediately The committee app Yoted to go to Washington ant ox. tend @ epecial ievitation tw toe President aad Cabiost, are to await the resuit of the Canada Committee's a rita ton before procesding to Washiogton The mevting bore adjourned, to meet on call of the Chair, which call, it wos waderstood, would he given a soon a8 the result of the action taken by te Canada Gorm mittee shall be known «on to have fhe dinoer the most trv which New Vork has ev pbab lity be the Acatemy taiely and maguificertiy which te to be ap r with flowers, th Preparst ions er at + tor note pacial tial Perit, Bsq , was calied to the chair, Pxnr, the Chairman, in opeuing the meeting, =| be in oo. table should understand | that General with similar | ‘are eception by the tish residents of the metropolis, some members of the committee are to ieahee wits Gem, woh, if —_— meke some arrangemca! a wo re iuterfore with each other. THE JAPANESE SWINDLE. Motion for Injunction to Restrain the Avovsr 14.—Levi 5. Chatfield vs. the Mayor, Aldermen and Compirolier of New Yotk.—This was a mutivn for in- junction to restraia the from paying tho sum of $106,000 for the of the Japanese Embassy. ‘The following is the dem put in by the Corporation for the plaints Mr. B.A. ‘The the pay’ Council, Twill say to te. Comre that if this entertainment had coat ‘a reasopabie 6m I should not be beard here today. If the origina: sum passed by the Common Couacil had not been Webied or quadrupled, I should have been satis- fed —the original amount beiag $30,000—but the expeudi- tures amouatcd to $126 000. aud were approved by the commitive at $105,000, beiug more than three times the amount originally appropriated, What the items are that swelled the appropriation to this amount | know uot, for it seems ty be the object of the city goverument to conceal wem, There may bea motive for this, there may be a good reasoo for it, 1 thing T caw imagine a very good one, aad { have no doubt parties who are Ww receive this money be muh more gratided if they are per- mitted to receive their demauds without any inquiry ibw them. The questions which must pecessarily arise ov this motion are sugeested in the demurrer entered by the Corporation, the application beimg for an iajanction pendente Ie—during the peadeucy uf the action: and the question i whether the plaimti in this actioc bas the iegal capacity W talutain 1 The Judge wautred if this was aa order to shew cause? Mr Audersou, assistant Corporation Couusel—It is an Sppiicauon for 4a ujenction reKu i Co apd Comptrotier from inserting this taxes which are to be paid by the cit Coupes bave uot yet passed the resoiutioa. The Judge—It has uot passed the Covineilmea Dir, Chasdeit—tit bag passed one braugh of the Common Couneil, aid obiained BeveLteen votes—withia one neces. Bary to paes it—in tho other brauch. Tue cuscter of 1807 say'8 the Common Couneii shall not appropriate any money for any reception er any public amusement, except the Fourth of July, Evacuativa Dayfand Washiugtou’s Birth Day, unless by’ vote of thre? fourths of wi the mem- bers. Tae Common ‘The following are the poiats relied upoa by Mr. Chat- eid — Ia ail the essential elements of a corporation, muaicipal } Corporations stand vo the same foutiug as private or ag- | gregate corporations. They are mere creatures of the law, Aud possess obly such powers aud properties us are @: pressly conferred by the enarter. (Dartmouth Col. vs. Woorward,4 Wheat, 618.) They may Le created as auxilia- ries to the government, snd to that eud be clothed with political power; but in euch case they can act only in the mode to tue extent and for the @pecitied tu the charter (Dartmouth Coliege above cited. McCulloch va. ‘State of Marylaad,4 Wheat, 316 ) And these powers cannot ba exteoded be} ond the teeter and spirit of the act of incor- poration, (Ue a Knowles, 4 Pet,, 152.) The powers pos gsseu by the city of New York a8 a corporation are detiued inthe Moutgomery caarter, and the several acts of the Le- gisiature amendatory (hereof, aud such po wers as are there- in expressly granted, and none otuers may be exercised. Municipal corporatioue undoubtedly have power w impuse taxce for the necessary purposes of the boay, aa aa incidental power, aud without express grant; but beyond this they caupot go. Every extraordinary tax must be ©: sy Suthoria 4 by the Legit tare, or it is void. Toe purposes of the cc: poration mu. be becesss- ry, and not ornameptal, eumpiuary of cou c. lent, Hence, Ww supply Ree Culy with Croton water required a &; fact, as Cid the establishment of (he Ceutral Park aud other public places, and the city railroads. The poopie here, aa elsewhere, must bave sticcts, courts, markets; police regulations ad public officers and offices, and taxa: tion to support them if iucidental to the exiedeuce of the corporation iteeif These purposes mut. seule; be pa lic purposes, aud not private purposes. corporntion, as buck, has Lo lish theatros fur tue en- power to exten coursgement of ballet dancing; a race course for the exclusive use of the owners of bivod horses; « lager beer saloon, at which absl! be charged 4a euteance fer, or a shOW OL exotics, whether auiinsi or yogetable, open wo 6,000 of the 900.000 inhabitants of the Cor- poraticn, and-then only ou payment of a fee to the mem- bers of the Common Council, without a special act for that purpose. Could the directors of a bank vote the sum of $10,000, the money of the corporation, to give a recep- tion to Baron Rothachild; and, if attem could not a corporation restrain the act by inj * In this re. ‘spect & munic|pal Corporation does uot differ from any other. { must act within the powers granted, or its acts will be void and may be restrained. it it is said a tax- payer or corporator cannot interfere, other avequate remedy. The courts have not goue this length, and if they bad, in Doolittle vs. Saperintendeat of Broome county , 15 N. ¥.,155, the reasoning and facts do not apoly tothiscase Here by action is impossible, a the ground of the ity of the tax, ualess the Court is prepared to hold that $105,000 of itlegal tux will vitinte ‘anc reader void the $15,000,000 or $20,000,000 imposed, ail the rest being conceded to be legitimate and legal. The power to tax is a eovercign power. It has ever beea regarded with great jealouay and watched with iar interest. If 1t is posible for the Legislature to delegate At, the terms of the delegation must not be exceeded. Bat bore of (he powers of @ municipal corporation are or can be legislative. by the constitution, art 3, see. 1, All the legis ative power of the State is vested in the two branch- es of the Legisiature, and the power of delegation, except in a single case, is not conferred on the Legislature. The mode of adopt ing ordinences, resolutions, &c.,by the Com- moo Couucti and Mayor, are but forms of procedure to carry into effect the powers granted to <4 ET they are in no sense ative. This court, in rela- tion to the Scheol act of pol ope ay oe law to distioguisbable, nor are there by Fee oy furuisbed b; the city anthorities of separating the good from the bad, fo as to cuable Lhe taxpayers to tender the legal amount. There is no remedy except by injunction. It is said isa remedy by election. who urge this argument have not cousidered ite logic. To dispiace the present members of the Common Council at some future election would pot legadize this tax, or afford a romedy for the t- iunposition of it. It im ght prevent subsequent ille- ity, but could not affect thie tax. The material ques- tion here i#, can this action be maintained by one or more corporators in behalf of all similarly situated? It bas been adjudged that ivean. (Adriane va May or of New York, 1 bard., sec 19; Brown vs. x 3 ib., 254; Christopher vs. Larne, 13 do , 567; Milham vs. Sharp, 15, 195 ibid, 17 do , 445: Stuyvesant ve Pearsall, 15 do, 244; Do Bann vs’ the Mayor, 16 do., 992; We more va. Story, 22, 414; Davis va. Mayor, 2 luer, 663. Roswe't ve. Draper, 16 How. P.R, 137.) Aud itis spectfully contended that no case holds the contrary do trine. In Warwick vs. the Mayor, 15 How. P, R., 357, Mr. Justice Ingraham holds thata taxpayer cannot re strain the collection «{ a tax after it has been levied by injuaction, but totiwates that the imposition of it may be prevented. The care of Doolitth wy Supervisors, ko. above cited, is clearly distinguishable from this. The act rought to be rentraiaed thus was a parely logial tive act — In the single case of Boards of Superyiore the Comatitution. article 8, seotiong 17, authorim a the deiega- on of te vt power upan the eabortinate body by the Legisioture of the Stato, Lot a8 corporatora, but as a local Legielatere., The erection aud division of towns is ipeciticaily embraced tn the power thus enn‘erred and it is purely political powor. Tae determination of the Board of Super eisora on ax application for the ersetion of a new town Is © leg's! ative disore- tio, and tye voter oF tax payer any part o the torr by the div sine the reasoo ob eteus, allhoted te re and contiogent, invadec apie lots ean be potutet out or proved, And the act ttacif te an act of soverntgaty whien individu. Als cannot arreet. It is tne right of a'l auverexgn authority to divide the territory within ft juriaetetion inte conve: Dicot districle. and no mau can Say be Is injured in leartied Jadge baa said Deyout deciding the Question involved Is entirely eltter aad is 1a conflict ev’ | all the adjudications in tuis State. Bat tutg» Deato | not held the ooetrine that @ Corporation may Ret re. #train by tu osition of aa ilegal tre | hy the ofliere the corpurstion. The 1 if it amounts to anything, ® the Other way, } femme to me the reasoning of the learned Judge ie vi Its UL tw diaunguiah, ta effect of prioc! Sc orporace act, oF the tm. porition of w tax of $400 tame property OF a sirat- the tar act of seems to thy a; aud yet the learael Jadge that in one case the owner rofght frstratn, | ont pot tn vther The damage in both canes te equally | Permapen: so: irreparable. Nor is shia cane withia the | Principle Ot soy of the cases of parely common damage, fuch 98 artees from a public paisanee, cited by Judge Denis. There the cumage t# comma te #'! and apeotal by bone. But whea 18 to on indt- | Yiduai as well a8 tojan ton may be granted at vot any pacty t aw der ws. Tinkler, 19 Vox ,617; Spencer va Londen ane Bie- ma Ratiroad Company, § Sun, 193, Semsoo ve. 2 Lawerre, 6.fona, oh, 429.) 267, re direouy >. marmiciyet urorat, | tenat 8 CORPORRE Oo « Load, wot ® within &, diacrotiva ¢ qorermmiont con a certain oqiame onli. inate; and whie geting Weal powers Conlorred. tha ie wa Mpoachadle be nye f the y ning boty af tghts by being ta one district tuxcond ofanother, | . WEDNESDAY, AUG but in all that to the mo- ney Feveaue Cry oocre ot the end amenable, | 4a bas in by general do- murrer, the |, therefore, stand admitted, aad On these admitted facts the injunction pendente vite is ask- ed, It iseecen that express frauds and malfeasance of havi Se eae eater sold the tickets ieousd for the j. and thea, by | fo alle the 351,000, on conation that. they re- to allow the ou condition that they re- ceive upwards asabribe, Tue demurrer admits all this be that there is in this Btate no transactions of this wick- ed and it ia alleged that the whole ¢: did not exoced $10,000, for ,000 are about to be handoa over. ‘This is also y the demurrer, and yet it is claim- ed that anifest fraud cannot be arrested. Again ite rete eerste city. Hy they a wo with this Corporation, bad no except such ag was cre- ated by the bin palate) Ls uap tice, toe ora fares Fi be so ig gee = ment tee a b Mitatement. As ba Deen gested, demu: interposed on of the complaint filed by Mr. Chatfield. to restrain the Corporation from levyin; tax. Now, the Corpo- ration has to exercise any such a ‘The of the is on gro (Mr, Anderson) did not Propose to enter into a discussion of the merits of the matter, for perbaps be would be unwilling to ap- 15 object the reason snot bad no legal fae | in Court. established as a rule Jaw; and to the next place that the rolief which ho asked ber age ry than was in the power of the Court to grant. ler, be was, by the audit these claims would a ‘to him undoubtedly be consi and de- termined upon. Proposition tailed that the Gomptroter ier re dajolned trom engpoding: tnaney money ‘the purpose of narrowi 0, OS 3 posed the cauze Rrould not occupy a great length of time. ‘The Judge was ‘the motion could not be entertained by hi ing o! the Court of Gene- ral Term and . He thought the reme- because he bas an- ‘| claim if the appropriation passes the Common E ‘The Judge eaid that as yet the plaintiff could not complain of any injery. He did not wish to cut off the counse! in his argument, but he did aot desire to beara point argued which had aiready been cecited by the Geueral Term, and also in a recent cage in the Court of Appeals. Thee there is an- other reason; you are too premature, upon your own £ How do you know that the showing, io asking for relief Common Council are go'nz to pass this? How do you know the Comptrotler wil: pay this DID? It will be time enough for you to ask for this relict, und it will be time enough for the Court to interfere, whea the resolution cs directing the Comptrotier to pay this bill. You or taxpayer cannot be snjured ustil the money is is taken toward paying out this aterfere pti the injury is produced. I think, fore, aside from the question of yi being able to b: this action a6 a taxpayer sim t you aro premature .n the application you make, ir. Chatfleld replies that tho remed: A then be too att be e dvor when the tlaued t» argue his pointe at considerab act ed to know whether the money of the eitize a be expeaded by the Corporation for amusemeul—whether the moucy of nearty 900,000 any oth , Or Bome act amount. The Cour people elail be expended for the amusemeut of five tbousan¢ persons for balls aad dancing, apd eating and drinking. Had they a right ‘to expeod the public money ip balls aad champagne, aad then close the doors against the citize lacing police. men thore to forbid them to ovter? The coiebi ot the Fourth of Jniy, Fvacuation Day and .Wasl jon's Birthday, for which the public money is be ony , are open to the pudlic, a2d pot held exciusive by the Common Cuune!l. Bo (Mr Chatfield) ought to be obliged to the Lelands for ending bim a ticket for the ball one month after it hud take place (iavgbter), together with a list of the Caacetgethe ie aiches, quadrilles aad coautry dances for Wr com: poopie -He made a cateulation ‘that each dance was to cost the city $10,000, aad that uld leave at least $10,000 for the nice red ribbon h the list of dances was tied ug. Mr Anderson waz about to reply, when ‘The Judge said that under the rating of the general term he should deay the motwn. Idasked if the Court would dispose of the other question, as to the injunction against the Comp. trover restraining bim from paywg these bills. ‘The Judge said that that was rather premature; it would be Limeenongh to sek for relief when the bills were presented. He considered that the Gret ground was ull cient on hich to deny the motion. ta toe ony nad Gruss of Lay ony oO August to ‘August, DRATUS YROM ACUTE DEANE. + 2 Wilammatioa of bladder, 1 +. 8 Inftammation of bowels. 2 182 Inflammation of braia... 17 Cholera morbus ... + 6 Inflammation of heart.. 1 Oougestion of the brain, 21 Cougestion of the lungs. 4 Oouvuisions, infant: 40 Crow; 3 Diarrhors = 13 1 _ 2 Fever, puerperal 3 Fever remittent 2 Fever, scarlot + 80 Sun strok on Teething. 2 me Selle & | This report is not entitled to any consideration, for it is Onder 1 Bw lw 2 Bw Sto 6 BDto Sto10 wo Wel 60 to wl Wo 16 to 17 to tw. to é Islaad Nursery ponpial.. meray Roma’ catholic an Anyi erictth ae 8 wonlen of 1858 an? 1850 owe gnding Aug. 14.1 Ang. 4, 1860. | great pacificator that is to be. How he can be ex- UST. 15, 1860. — NEWS FROM MEXICO. Our City of Mexico Correspondence. Mexwo, July 24, 1860. Attemsled Liberal Revolt in the Capital— Want of Pluck— ‘Besult—The Leaders in Prison—Conduda to Vera Cruz— Spanish Intervention—Pacheco's Proposttion (0 Mira- mon—Siege of Guadalajara by Ogazon—New Forced Loan—The Liberal Forces—Their Strength and Post- tions—No Leader— Feeling for Oomonfort, dc. Another attempt at revolt in this city—anotler trea- Gon and some thirty persons in prison. So the game of the liberal wireworkers has gone; so it goes and 60 it will go. ‘Three weeks agoa practicable piau for breaking up the nest of clergy mischief makers whu hold this city was proposed to: the agents of the constitutional government in this place, They thought well of it, and proposed to carry it out, But as this plaid required little pluck, oa second reflection it was thought beet to improve it—to enlarge upon it by making combinations. To make com- binations more persons had to be admitted to confidence. ‘This took time. Treason grew, and just as all the pipes were laid Lagarde, the chief of police, pounced upon the ringleaders, and they were al! walked off to prison. What a pity that we are forced to sympathize with euch ‘a cowardly and treacherous crew on account of their glo. rious principles. ‘The condcrta for Vera Cruz is au exciting theme here just at this troment. The clergy want the shippers to pay eight per cent duty to them, whereas two is ail they are entitled & by the tariff. The Vera Cruz government” have given votice they will let the convoy of money go through their dominions without any extra charges—the legitimate charge by the-tariit of four per cent being paid, Mr. Mathew has atoutly opposed the charge of eight per cent by the clergy. He says ke is willing to giveevery possible protection to the conyoy, provided the clorgy charge only what the constitutional government have to take. Considerable excitement, on the subject, and I think the upahot will be the whole thing will be abandoned. If it goes, it will take off about Spanish intervention is a great topic with us, also, at this time. The ultras of the clergy party, finding themselves defenied in trying to briag about a compromise between the two parties, are leudiug their support to the efforts of Senor Pacheco. With what reasca Tcannot say; but the report here that Spain really in tends to infervene’is geueraliy believed Ger. Almoute’s last letters certainly ay the same, and further, that France will back spain, while Eog!and remain peu- tral, Senor Pacheco wi!l very soon make oew demanls upon the peopie of Vera Craz for mousy assumed to be due persons who have by fraud obtained tho character of Spanieh creditors of Mexico. It 18 otilicutt to say what Juarez & Co. will do; but they shoul 18 Clear, Sead the Spanish con rention creditors, like most of the Fag! ish convention ereditore, to the dogs. Mexteo nas been the victim of this kind of diplomatic stock jobbiug How ever, T fear the ards will cart constitutional rnment, force tem W give money 2 ther protext. , the chicfacviser of Miramou, arcived here on tae 19th trom Lagos. The first chjcet ‘of bus mussion is to Taise money, aud next to sre sin any way. entirely with Miraion. ment in this manuer: first this Preetdent Wil! be the elected if u mon left for a while as ¢ mman® Substitute of Cuevas whon things clergy are « little more certain of their man. hardly eay this plan of Pacheco’s must prove a failure Ogezou and Valle are now laying tee to Guadalajara, gud very likely will take that city coless Mira mou defeats the liberals at Lagos. Jf Ogayoa aud Valle do take Guada- 15 Little in reality to us aere, for neither of : cares for more thao the supreme coatro! of the State of Jalisco. “ Ibis ted and bolieved that Degollado is agale be irg deocived by the phread¥are trick of Miramon, tn of- fering to comprom se in order to gain time for orgauixiag bis forces. Is is trared thi oy will resu't ia Mira- moon's beating the liberals at Lag: Diaz bas raised uear turee buaured thousand douars, to id out of anew three per cent foreed loan, to be levied upon capitals. ‘This aew loan will be prodeetive of pow prov ata, but foreiguers wiii Baye uo other satis faction. Texeoco bas been oveupied by © cera, two chiefs of tLe comstituttosal party), Aurelinna boids up to Tacubaya; Carvajal in Sea Mar % Leiva tm Guantia; Diego Aivare is bes avd Rerriozbel is eomewhere this side ‘These forces may be estimated (aus— Cuellar and Reguera.. Carvajal (at San Martin). Leivn n Diego Alvarez Berrriozabet. “ Here we Qnd ut least 6,200 men of the coust.cutional party, all within forty eight houra march of ihis place—all rushing aboat, nanan the covetry, without apparently any fixed purpose. © goveroment of Vera Cruasecma to be indifferent, aud will not give tem achief. Gen. Mo repo, who is ai his farm fo the Llanos de Afam with some 300 men, if given the command of these forces init do something He is respected by the people of this city, who have no confidence ix the potty chiets vow Lovermg about in the villages of the valley. The time is mose opportune fora rush upou Mexico, when Miramoa is at and the garrison of this place greatly retuced aod — But, with all ths, I fear aothing will be There isa strong and growing feeling for Comonfort or Lerdo as chief of the liberal party. The inertia of the government at Vera Cruz is becoming distressing to the country. Many say,and with some reason, that if we wait for Juarez to win the day, the country will be so demoralized that it canuot be governed. It is to mr mind an open question if it bas oot already arrived at this point Our Vera Cruz Correspondence Vera Cuz, Joly 26, 1960. ~ Peace Projects —Comonfort Expectel—Degollado and Mira mon— Porced Loans in Vucatan—The Bivhop of Guadala Jaro—His Value as 0 Prise—Tatk of a Conducta Gene ral Mpico—Robbers —Raine—He vit —Shipping. de. Bince my letter of a few days ago nothing has oecurred to disturb the equanimity of our thoughts. Peace, peace, when there is no peace, is still the ery, aud you may as- Sure youreelf that a pacification of the country is h thing bot to be hoped for very soon. It is said, nevertheless, that the insctivity of the contending armies ap the coun- try is owing to the fact that Degollado and Miraunon hare agreed to a brief suspension of hostilities, whilst they can talk over plans for a settlement of existing difficulties, not possible for those two men to agree upon any terms after their signal failure to come to an arrangement before ‘this place in March. Bes tes, Miracaon found it 60 easy to thrash Degollado at Estancia that no doubt be flatters himself to be able to do it again. Moreover, we are not aware that Degol!ado has power to treat for peace, or even for aa armistice, beyoud such b/ief ones as are incidental toa campaign. All this report may therefore be attri- buted to the love of the marvellous peentiar to the guid nunes of all cou: teies, or iavented for sinister purposes. AS a corollary to the forezoing we havea smart ground swell in favor of the retura of Comonfort, as the pected to calm the troubled waters is more than your correspondent ca comprehend. Perhaps it tnay be on the prigciple of Habneman, that ‘‘like cures like,” for that be has boen the cause of the wofal “fx” in which the country now finds itself, there cam be no mistake. Still, and has been as be iS a good and well meapii pari- fled by the bitter leseon be bas een oe in, i be to let him have another tome of the war fo Gund " nosa. Bishop it ilk, out OF be bondage fe whieh he is now held by the horrid red republicans there gent fay they bave such an exalted agmiration of the that they canpot think of parting with such a dignite- ry a8 a bishop for lese than #2000. | fear the mitre will not fetch so bigb a price, and that the bead ging to it will come to grief, for some of those honest fellows in that region would like no better fun than shooting a bishoo, fort for the novelty of the Untmg Had he fatten into the hands of Rojas be would have bad a short shrift. ou Governor of Yucatan, im the example the chiefs in the ioterior, bat just impwed « forced loan, or A Ore pee cmt ty all eash capital jon. Thies hes gateraiiy Crested pe |) ering amug aii Who may be comeidered as capital and as there ie no possible excuse in venture to take any derided mesaures matter, even shenld he do so, is i Goubdttul if commands wil! he obeyed. Of course and transacting borin ss o Yucatan are test suf forers, af vensl, in this case. One of Mr. the bis tas been talk ofa comducta of silver being per. mitted to come to this vort from the interior, bat it hae Dlown out, aud hard ooviare continee to be ata premiut hall per cent, ire republir is now infested with robbers. OF course it alwaye has heen: batt meng regular, - a) bigbwaymen—grotiemen whose necossitiog and lagu: fous babita i up m to lew otribetiona of the high toed, Ta vor arrives from Mexi¢o in these dinary communication. I pity the fabricators tion letters, though their imaginations may 6! want of facts. Active hostilities in the fleld on a large scale be suspended, whilst a wordy war is prosecute: press with a vigor almost worthy of election Mexieo in one particular, however, viz: they uard them. + Mexican ¢ pat yc ttieag pend way, “y Revahere a dow Perhaps La tu pditer tepals in coat taeie points with the | fellows cut out whenever they can, and, as thoy go home, baturaily take to the mountaia (astn: the bignuway. This accouats for the swarms of who infest the covper, Letters from Mexico aay that Ogazon lima ‘ fal Guncalsjara, but we arc dot iaformed that he Now iz har u mar rello Cannot some of tote | vented the underground re''road oome dows and give Us uu underground telegraph? It woul The Valley of Mextco is said to be filled with | armed patriots. If su, why the deuce don't the | wate their forces and take the town ! | Miramon bas fallen bi ‘rom Lagos upon ! preseut inactivity bodes uo good for the Nber Th @ quietly recruiting for vigorous offeus: ere can be uo deudt. Ido uot Ike to euything of the kind, but you maw look out for | fomevody av awf] deubbing before @ groat wl: DRSPATCRES—FoRGIGN VESSELS OF W. [From the New Orlraos Picayune, August The mails of the schooner Star, before Vera Cruz, direct, came to hand this moroing. The Star i. i on the Spry, ood 88 phasenger, . Sbhippey, » late Beeret. Officer Jarvis, iv cbarge raf ma mail bag oop of war Savannah, and despatches from th | | | for the diate Departmeus, dir. Shi lott for Wesniagton. He is succeeded as Otlic tary by W. C Zangigar, Faq., who arrived o Cruz ou the 27th. . There were three Spanish men-of-war al when the Star left, two steam frigates and « United States ‘ore ship Supply waa also at arc same place. The Savarnsh aoa Pocahontas chored off Creeo Island. The Freach brig-of w war also at Sacritciog. There was oo British Vera Cruz, the Valorous baying ealled for Js The Fourth of July was siluted by the Ai tub and Freoch vessels «ith twenty-one ae were also returned by the Castle of San Juan d ‘The crews of the mca of war at Saeriicios © ecllent health. The rainy season bad now fairly get io ali Merican coast, ameliorating the extraordinary L summer. ——— Temperature of the Weck. The annexed table shows the temperature ¢ mosphere in this city durieg tho week ending 4 the range of the barometer and thermometer, tion of wird corrcets, and the state of the ¥| three perivds during each day, viz: at 9 A. M ° o'clock P.M. cast. ‘ Saturday—Moraulng overcast aad ali cloudy bot pleenan yy ‘Gi Brooklyn City News. Twe Extension Or York Stexmr.—The Co| Counsellor bas published the legal notice that will be made to the County Court on the first September for the of three ‘to ebt mate and phys extending Y' frow street to its present while playing with some out by the tide, when * ing at No. 66 Fulton the water and |, after a hard ing the drowning to shore, much surprised at bis lose, for be aald he al Wad 'uck im thit port, He was sent w jail for twa Exgcrion 0F ALORRMAN OF THE SeveEtt Warn etal election tor Alcertaan of the Seventh ward, vacancy caved by |e death of sohn Stanbury was held yesterday, and reeul enoen following is the vote-— a let dietrict, ith Hugh O'Rorke woe David © Kin ’ Benry A. bs Mi ORorke Progress in Spain. New Yous, angust 11, [VAL OF HER ANCISNT PROSPERITY AND ‘To THE EDITOR OF THe HERALD. So ‘litle is Known tn this conmtry sbout Spal claimed for her by our faithfel ally the chief of French empire, i# but « just and merited dist, if it pleases the Almighty, ® few years more ‘Will be in political importance what sbe was once times of Charles ¥., Phitip *n Saat recotved a letter ve to the ot . He seve —"I have trareied Mfrow! Peuiuavla, and Twill te) you that it is astonish! amonnt kod variety of works in of @ Cart rosde ate raiirom@e are belne constructed direetinns, ard Ube govrramen! Gace money