The New York Herald Newspaper, February 28, 1861, Page 8

————$——$— IMPORTANT FROM W. OONTINVE) From Wins? PAGE.) ments are steadily crowed Migh and bw. by place seckers, Hie influenc+ known to have @mme most towards putting Camo and Smith the Cabinet, and papers bearing his end):sement are ‘eomsidered gilt edged in the place market. The present eeuscrvative disposition of the President elect is also ‘ettrButable to a large extent to Judge Davis’ counseis. ‘The Jada faction look decidedly blue at the prevalence @ their rivais. Their sorrows, however, are unwar- wanted. Mr. Linooln’s personal regard for their leader is go great as to render a slight in the distribution of the polls altogether improbable. Republican Congresamen are greatly pestered by office gecking cunstituents, and anxious to secure an interfer- ence in their bebalf with the Prosident elect. SWARMING OF THE OFFICE SERKERS, ‘The influx of politicians is tremendous. The Northwest expecially is represented by an army of office hunters. Preeent appearances indicate that the scramble for place ‘will be more violent than under any preceding adminis- fwation. Mr. Lincoln is much annoyed by the tmportu- ities of persistent aspirants, who besieg« his apartments fem morning till evening, and will not be put off without @uacting a bearing of their claims. As mone can obtain ‘Ihe car longer than a minute or two, their efforts cannot presibly produce the slightest effect. ‘THE RECKNT PREIDENTIAL ESCAPADE. ‘The Western republican politicians nearly all agree ‘tint the Harrisburg hegira produced a most unfavorable ‘taepression in their eeveral States. It is true thatche plan @f » sccret journey from Springfield was discusted by Mr. Ldmeoin’s friends previous to his departure, but never sppreved by nor submitted to himself. It is new cor- (aie that the original authority forthe existence of tho Weged sasassination plot was « New York detective, Rept by Gen. Scott for near si weeks in Baltimore. MR. AND MRS. XINOOLN’S RECEPTION. ‘Myr. and Mrs. Lincoln gave a reception this evening, be- ween the hours of nine and ten, after they returned fem dinner at Mr. Seward’s. The affair was participated ‘ by large numbers of people, mostly strangers. Mr. Ldsooln wos as pleasant and conversational as usual, and Mrs, Lincoln received many compliments for the grace 'y with which she performed her share of the @eurt of Oyer and Termincr—Special Before Hon. Judge Leonard. ‘me WALTON-MATHEWS CASE NOT YET BROUGHT TO ‘ Bus. 27.—The Special Term of the Court of Oyer and @erminer, ordered by the Governor to be held for the ‘Qwtal of Charles M. Jeffards, charged with the Walton- Mathews murder, was opened in the Sessions room be- fee Judge Leonard this morning, ‘The proceedings were commenced with the usual pro- ‘The Grand Jury, of whom Oliver 8. Strong was fore- maa, were then sworn. Jodge Leonard briefly eddressed them on the import- ‘mec of their functions, which they would perform in strict conformity with the oath they had taken. They lead been selected as intelligent and honorable men to ful- @ the duties of Grand Jurors, without fear or favor. The which @ring ender the notice of tho Grand Jury, but did not @rect their attention to ‘The petty jurors were next. . A. Oakey Hall, associated with J. T. Brady, ‘& public inquiry of the District ‘efere che Court adjourn Slermaly tod that cage. discharged until Mon- 5 bad been ‘Special Term is called for that purpose, and be (Mr. Hall) conceived that it was not out of ttorney what particular day of try J Tt would be an ac- ommodation to himself and his associave, Mr. Brady, to eve some intimation on the subject. The District Attorney said he would give the gentleman fotice. but he was at present unable to name a day. Mr. Hall asked the Judge if he knew how long this Special Term would iaat / - ‘The Judge said he thought the usual term, about three ‘@ four weeks. Mr. Hail—Will your Honor preside during the term? The Judge—i have been assigued for that purpose. Mr. Hail said it would be a great convenionce to coun we Mf the District Attorney wouid name some day for ths wil. The Judgo—If the District Attorney does not bring the wial on in proper time, you have your remedy before smother branch of the Supreme Court. ‘he Oyer and Terminer was then adjourned to Monday, te be held in the Sessions room. Brooklyn City News. Pann Boraary.— About two o'clock yesterday after. moon a man giving his nae as Richard Thompson, com- mitted a daring burglary in the house No. 85 Sackett greet, occupied by Mr. Connors. When wore he struck her a powerfal biow, and made his cecape by jumping out of the Hie was afterwards captured by oft Boiliday, of the Third ward, and when taken to the ets e dollars worth of property id Story’ window to fien houre about twenty Deionging to Mrs. Connors was foundon his person Dusrn oy We. H. Cany.--On Tuesaday night Wm. H. Gary, a well known and esteemed citizen, died at his re- fidence, No. 92 Remsen street, of malignant pustuie, in fee vixty-third yoar of his age. He was a native of Berton, but residea in Brooklyn many yoare ip whieb time he accumulated a large fortune, 5" extensively in real estat meany buildings, the I-- he ay Bulldire.” oy atiantle street. | He was of the firm - "ward & Sanger, New York, and at the time decease was an efficient director of the City Rail- reed Company. He leavee a widow and an adopted @naghter. the holder, t~ which * 46 tnterprise, it of which was Seaumive Avveay.—Early yesterday morning an alter- eation arose between John McConnery and John Cowan, tm Columbia street, near A were drawn and both parties pemoved to the Long Island Colloge Hanlon, James Rile were witnesses of tic, during which knives Hospital, James ‘and Thos. Costello, of Cowan’s party, affray and were | Fatal Aocworst.—Charles Davis, mariner, of the bark Vigo, lying at DeForrest’s wharf, fell from the masthead and sustained fatal injuries. He was cared Fmx—A fire in the Japanese leather factory of the brethers Cregan, on Saoford street. near Willoughby evenve, yesterday morning, damaged stock to the amount of $1,600. The property was insured for $1,000, in the Fireren’s Trust Company Sawovs Sramanc Aryray.—About Uhree o'clock yester- @ay morning, as a man named John MoConnory was ‘sanding at the corner of Columbio and Atlantic streets, be was joined by Jobn Cowan and three other men, named James Hanion, James Riley, alias Longford, and It i said that there was a previous ill feeling between McConnery and Cowan. words pasted between them and biows were struck. SeConnery was knocked down ead stabbed in two or Ubree places by Cowan. MoOonnery then drow a smail Xnife and inflicted several slight wounds on Cowan. Ali he time the other three mon were louking on, without making acy attempt to part the combatants, and it was 2" Lil officers Powers and Tu mey arrived at the spot ‘hat they were separated wounded that they were conveyo! to the Loug Island Gollege Hospital, aud the other three were detained as witoenser Poomas Castilia. Both meu were so badly Supreme Coart of the Fer. 25 —On motion of Hon. C Cushing, Hon. Charlos R& Train, of Massachusetts, war admitted ap atiorney and eounsellor of this court No. 10. The Unwon Steamship Company of Philatelphia Plarmants and Owners of the Swomshiy Pennsylvania, be Appelan's, 8. The New York and Virzinia Seamship Com —Appeal from the Cirour ¢ kartorn district of Virginia elrvered opinion of the Oourt, aifleraing the decree of the said Circuit Court in this cause, with costs ont in mited States. ‘tof the United states: Justice Clifford torent. No, 61. Charivs McoMuien erin « al Waliam G. Carey & al —ayppes! {roi the Circuit Court of tbe United States for the Southern ausirict of Onio Jesuice Wayne delivered u ing the decree of wows No. 203. James D Porter ef al. plaanta()s in error, os Bushrod W Foley —The movion to di-mina thie cause was argued by Mr. Movar in support thereof, aud submitted @@ sprinted argument by Mr. Headington in opporition the said Circuit Oourt iu th's cause, No. 164. Arnie Midbery o al., plainisffs in error, v8. te Staie of Ohio — "he motion Lo ditunisé Unie cane was ar- Kuen by Mr Kewl stanton in support thereof, and sub- \ weoment by Mr. Pugh im opposition No 88 John J. Wherler, plaintiff in error, vs. Andrew J Netn: ¢ al — thin cauee was argued by Mr. Phillips for *ur apd submit ed on @ printed arga- nod for the plain OA? in error. No. Bh. Jaca B Curtis, pluintag’, vs. the County haw was commenced , and continaed by Mr. the defecate io ment by Mr. Un ler noubeed v the Bar, that the , the 14th of March, and after Friday the sun prox 4 will adjourn o that no argument #1, be he tno. Barnanovr Ovrisw —Aooher of those gota of har. bariem which ooremonal’y dinyrace the sx every sense of human vy county, Georgia, carly George, owned by Mr. Abel Nelson. Raving comm)tted & gros yarn ya! of Mr imac N Middlebrook ae an arroeied and lociged th jai) wards am nforinted m A vight or two Fercom'ng 4he op wa the ing b urte tbe outak ria of thy to atree, and despite Mpocence by ws by New YORK HERALD, THURSDAY, FEBRUARY 28, 1861. The Stolen Indian Honds. OPINION OF MR. CUSHING ON THE LEGALITY OF amigned, Was this identical question;’and the court, imous!y determined that & was the "the ales tO such acceptances of bead partant. "Thi decision ofthe Su s y ampie argument, which it w: to quote. Sutlice it ul i i i F ; H It i z , | & mere question of law. The scceptances, cane, wero form or substance. district of Pennsylvania (Mr. Justice Baldwin), in the case of the United States vs. Resside, October term, 1841 oie Documents, House of Repre- irty-fourth Congress, First session, No. 26, sentatives, P. 117.) This last case was not carried up, which course, it would have been vain to do, preme Court. very matter indirectly before the Supreme Court, no de- fects are suggested in the legal conclusions of Mr. Justice Baldwin. (See Reeside vs. Walker, 11 Howard, p. 238.) The decision of the Circuit Court was reaffirm conclusions of Mr. been recognized in official opinion of Attorneyy General Black (Reesid Case), July 21, 1868; and in a second decision of the Court of Claims, December 5, 1859, which, being acqui- esced in by the government, closed all controversy re- arding the drafts accepted by the Postmasters General ry and Kendall. I repeat that, upon these cases, the question of the legal validity of such acceptances must adjudged, as well by the Supreme ment, although the general rule undoubtedly is not to ac- cept drafts, but only to take note of them for payment in due time, or on the possession of appropriate funds, yet examples of acceptances are sufficiently uumerous, Dot in the Post Office only, but in the War and other De- partments, to extablish legality of the act, so far as mere usage, whether 2 ee cases, or classes of can serve to end. Indeed, the act of acceptance, written by the Secretary of War on the face ’of these drafts, is but the official statement or declaration of a fact, namely, that on or be- of which it will be paid. What, indeed, is the acceptance of @ bill by @ private party, or his signature to a promis- sory note, bute written statement or declaration of in- debtedness? Such a statement or declaration, by a head of department, may be made in the commercial form of the unconditional acceptance of a specific draft, az in the present case, or of conditional acceptance, like others of these acceptances of Secretary Floyd; or it may be made in the form of a simple certificate of indebtedness, such as it became for the Post Department to , ON occasion of" the failure of Con- sppropriations for the service of the de- partment; the statement or declaration may be of cur- Tent cause of indebtedness, as in the case of these acvept- ances of the War Department, or only of veritied actual and consummated indebtedness, like the certificates cf the Post Office Department above mentioned; the paper may be payable to bearer, to order, or to the party only, as the head of department shall deem just; but, in all there cases alike, the written statement er declaration is & paper which bas pecuniary value; it is transferable by endorsement, delivery, or assigument as a chose in ac- tion; and the issue of it, whether for the bencilt of the government or of a contractor, has been decided by the Supreme Court to be an act appertaining to the ordinary administrative functions of a head of di ent. ih the face of the judicial decisions above cited, and of the ample and sacisfactory reasons on which they are founded, it would be superfluous for me to go into that question. Nor, ia the face of those decisions, would it avail anything to say that a specific and e: power w not conferred oa the Secretary of War, in the very words of any act of Congress. It is comprehended in the gene Tal powers of adepartment, a8 expounded in she cases cited, and wiso in the case of the United States va. Tingey, 5 Peters, p. 115, and that of the United’ States vs. Bradley, 10 Peters, p. 343. There is a superficial idea abroad, to the effect that purely commercial paper, in the form of drafts and ac. Ceplauces, does not enter, necessarily or regularly, into the administrative business of the government, Nothing could be more mistaken. Independently of transfer drafts or other sueh writing in the adminietration of the Tressury Department, regular bills are of constant use in one or another of the departments. Tuke the State De partment wé an example, The Secretary draws and is drawn upon in a multitude of ceses of the foreign rela- tions of the government. And these dra/ta constitute, on both sides, debts, engagements, obligations; in a word, cases-of indebitatus assumpeit, and ary subject 40 wll the legal incidents of commercis! bills, just as in the case Of private parties to foreign or domestic exchange (See v. g., The United States vs. Barber, 12 Wheaton, p 069, and 8. C. in 4 Wamhington, C ©. R., p. 464 Opinions of Attorney General, vo!. 8, p.J.) The law 18 laid down by the dupreme Court as follows When the United States, by thety authorized officer, become a party tp negotiable paper, they have CU the rygits, anc in. such instruments Or, in the language of Justice Baldwin — Ir be (the bead of dep cment), accepts the dro actor absclutely. "Le Tnited States Tare, bomen is oat o ~ thé'same extent and 00 “ie came principle, , aptly to a bill of exchange Orawn and accepted by & aaraie porson. Or, according (© expressions of the Solicitor of the ‘Treasury in regard to a similar case, such an acouptauce isan admission of assets, and ff government to pay the amount to . & Waddell, or their endorsers, \iesars. Pierce & Bic ‘The acceptances in the present caso are, in eifect, ths e gagement of the government, by the band of the secre lary of War, to apply the sums becoming due on the par. tiealar contract t© the payment of the drafts drawn against it. The scceptances here are wnovnaition- al, but if conditional, this would not change their legal character in other relations; for conditional accep... like some of those issued by Postinaeter General K ead: are to be treated as if unconditional on the happen. fulfilment of the condition. Assuming the preae conditional acceptances to have been drawn in time and amount not beyond the contract, then the illegality of the acts of the in this relation would be, not in ac. cepting the drafts, but in omitting or neglecting wo have the contract money paid to the holder of the acceptances and in suffering it to be paid to Mosars. Rugsoll, Majors & Waddell. The engagement of the department, implies on the face of each acceptance, and expresely made in geooral terms as to all, to cause the contract money w be epee gpencd gre of the acceptance, is made ex prees and special in regard to the coe which Messrs. Pierce & Bacon hold, by the secretary's letta: of the 24th December, so aa to constitute, in tact, anew promise of the government, Doubtiess ‘the power to ac cept a draft is one which may be open to abuso, aa the present case implis, and it needs to be exercibed with discretion and prudence. So it is of the power vw make requisitions, or of apy and every other power exercised by a head of department. But the abuse does not take away the use, And the laws make ample provision for the redress of any maifeasnoesin this respect, either by suit for damages, by indictment, or by impeachment. And private individuals, dealing honestly and w oot faith with a public offlcer, more eepeciaily a head of department, bave 4 right Wo presame the integrity of his acte, and ought not to be prejudiced by their reliance en the reciprocai honesty anu good faith of such & high officer of the goverument, Many cases, most of them comparatively recent, are reported, in which there i discussion of tne responsibility of private corporations, beaking compa Bie, ruiroad companies, and the like, for the acts of theif officers; such as the fraudulent issue of boats or sick, fulse Certificates, aud the hike. kn some of these cases the courts bave been more rigorous in the 8c uliay of the authority of the corporation officer, in wore less, according to the varying circumstances of the cases and the bent of mind of the judges. ;(see, (Or exampie, the Kok of Keutucky vs. the Schuylkill Bank, t Partons Cases, and Mechanics’ Bank ve. Butebers’ uni 16N. ¥.,p. 126; 8.C.,4 Kervan, p. 623 ted States, 2t Howard, p. 806; Mechanics’ Bauk ve. . Y. and N. Mf. Rafirowd, 3 Kernan, p. 60% ) But these decisions, while in Lae main contirmatery of (ue conclurions alrvady presented by me, aro not Of Very great importanee to relation Lo the acts of the goveroment. individuals, it is true, 1m voabug bh officers of the government, are to be etd to reatoa able reflection aod inquiry as wo the authority of suco oilicers ip the acte which they unvertake to periorm, Aud it may weil happen that a privete perkon «bail enter iors by reposing b ip declarations of a / iQue officer, inaniferuiy made without authority, and vw she Prejudice of the public interests. ( 7 Cranch, p. 366.) But wt the outset i ppear to have been led to lke # nent bankers, Aud their punctual payment as they walafy (homdel vee 0 at the departinent. A way Quy of inquiry we te Une AUEbORey Died (ue government ta tois re enoy,* 207 a.) Tt proba of the on the i be supe thing wou riation oom digputab'e #0 y Court, His authority Wo inquire as to the the progress of ius execution, its ceoor, and the other or.jimary fect regarding tho basis 4 the drafts. lene nuter of notoriety, with copmequent ora ncceptances ih the momey market, But wo wf wuriety, Mewes. Pierce & Base once a8 ore obtainable at the ¢ further iuquiry cowld they mutke? io the eerelary in causing the They , by re #00» more duly pa’ had the prose of Ove soe wax Wo be prom rc, that a, to pppiied. UDder thene CPCUMBLARG-® but 145 sue Oo apparently no wise distin’ t im any eksential condition of in view of tho Alll the Circuit Court did was to of follow, avowedly, and upply, that decision of the Sa- But, in a cage which again brought tne by the the verdict in the Jor was the chief celebraat, apd i% mfbisters, sited a Bible, a prayer book, Papers, and & piece of ‘the Since the start from Boston, on Washington's Birthday, he has walked 236 miles, eighteen ot which were through mud snd snow almost’ unkte deep, baving slept oaly twenty hours. day evening next, and set out on his journey yesterday with a stout heart, a lame leg, and, we presume, a stout pair of breggues, The distance be!ween Boston and War hington is 476 mice, half of which has already beon paseed over mencement of the Homeopathic Medical College will be held at twelve o'clock t-day, in the Hall of the Bietori- cal Society, corner of Fleventh street and Second avenue. The Valeictory address will be derivered by Profecsor J. cur all thé Tespousibliity, Of Individuals Who are parties we | | Beakley. Mugic by Dodwerth’s band. of the Twenty-first precinct police, received information on Tueseuy afternoon of the inteation of a dworderly as sociation, known as the ‘Mackintosh Club,’’ to bold a bail that evening at No. 66 West Thirty-third street, and arrangements were made to break up the affair secord ingly. to be the very scum and offscourings of society, follow ing & nameless occupation for 4 living, #9 no effort was spared to make their discomfiture as wmuplete as the po- lice could poesibly make tt. Lee vs, Muarue, Pierce & aconptances war ourrepey ip the market, the purchase of them and, i the sequel, and bewore purchasing tae 1eby ReLVEMED Are suOwD > bine thas it Oy used Ore than ordimary dikyente them Ww take legal ad thority of the they haa doue or the ‘of the Secretary, h cause of inquiry? Craps Me ‘suc! they anticipate such an ser incldeBt as the abstraction of tbe trust bonds in the o of the Interior Department? [t would be seapdalous, immoral, oppressive, invwlerable o assume that every private eilizen of the United states, who has occasion to deal incidentally with apy department of the government, shall} be held to sutter the coxsey ences of fome unknown and unimaginable malfeasance 10 on the part of its head. For all the relations of #.ch & mat- ter, every citizen has a right to presume the sole respon- sibihty of his government; and the government would hut render iteelf infamous in preventing that the consequences of ite Own want of honesty sould be borne by impocent private persons. Rather than to eet up such @ monstrous admivistrative hypothesis of 3:!f svultifica, tion and self-condemnation ag this, it would be well for the government W stop; to go into liquidation; to digap- from the stage, abd leave room in the world for the troduction of some litical organism better adapted t promote the e of the people of the United States. In conclusion I say, then:— Firsi—That the liability of the United States for these acceptances is fixed by authoritative decisione of the Supreme Court, confirmed by acts of Congress. iy-—That those decisions are reasonable and just, and would have to be rendered uow if it were a question of new impression. And, finally, that your clients haye done everything in the premises which law and justice could require to dis- charge their duty of inquiry, and so to impart to them the fullest iegai and equitable right to demand payment of these acceptances at the hands of the United States. Ihave the honor to be, very respectfully, ba ©! CUSHING. Hon, ALFRED GILMORE. i City Intelligence. LAYING OF THE CORNER STONE OF THE MISSION CHAPEL OF THE CHURCH OF THE INCARNATION, Alarge crowd of persons were assembled yesterday afternoon if Fast Thirty-firat street, near Second avenue, to witness the ceremonies incident to the laying of the corner stone of a new Episcopalian mission chapel, which is in course of erection through the energetic efforté of the congregation attached to the Church of the Incarna- tion. A good portion of the foundation and walis of the edifice have already been put up, and it is expected that the building will be completed in the course of a few months, The pastor of the Incarnation church announces that no debt will be incurred, it being the invention to defray all the expenses as the work progresses—an example which seems worthy of imitation, but which perhaps is not always practicable. The chapel is to be eighty feet long by twenty feet wide, capable of seating 600 persons, and to cost about $4,000. Tho Rev. T. K. Chipman will be the missionary. At the services yesterday the following clergymea officiated :—Rev. D. lor, of Grace church, Rev. H. E. Montgomery, of the Church of the Jucarnation, and the Rey. Messrs. 'R, Chauncey and T. R. Chipman. ‘Dr. Tay- and, according the usual Episcopal services, laid the corner stone. After strik- ing the corner stone three times with a hammer, the reverend gentleman said:— In the name of the Father, and of the Son, and of the Holy Ghost. Amen. I lay the corner stone of an edifice to be here erected, by the name of the Mission Chape) of the Chureh of the Incarnation, and to be devoted to service mighty God, agreeably to the prince} of the Protestant Episcopal church inthe United Stites of America, in its doctrines, ministry, liturgy, rites and usages. Other foundation can no ino lay than that which is lai¢, even Jesus Christ; who is God over all, blesesd for evermore, and in whom we have redemption bars His blood, even the forgiveness of sins. Amen. A hymn b ‘ing “O prawe the Lord,” and the “Gloria in Ex .”? were then sung, and a few prayers offered up, after which short addresses were delivered by the Rey. Messrs. Taylor and Montgomeay. The whole services were concluded by the readingof a prayer in voking the blessing and mercy of God upon the church Within the corner stone were depo ies of somie of the duily of George Washingten’s Anavat.ov E, P, Wesven, mmm May WALKING Berwaen Boston axp Wasmmatox.—Edward Payson Weston, the young man mentioned in yesterday’s paper as having left Boston on last Thursday for Washington—the journey to be performed all the way on foot, half-past eleven o'clock yesterday morning, and took dinner at the Metropolitan Hotel. o’clock in the afternoon he called at the Hzratp office and gave one of our reporters a short account of hie peregrinations. He looked very much exhausted, aud evidently had olready taken a wholesome diegust to his foolish wager. twenty-two years old, apd a native of Providence, R. i ‘The walking hae already produced a terrible degree of stiffness in his lower extremities, and to add to his mis fortunes be hae gvered a sprainfis theright ankle, which rived in this city at About half-past four He is quite @ young man, being about is Ukely to interfere materwlly with further locomotion, Ho experts to be in Washington on Sun- MxoicaL Co1xer Commescrapat.—The annual com- Police Intelligence. A Bau. Broxey Ur ny om Porce.—Captatn Speight, ‘The members of the association were represented Avout eleven oelock & piatoon of the Metropolitans, under comimand of Captain Speight, surrounded the build.ag, ax! before the merry makere were aware of the danger, they wore hemmed io ou all #ides, and ordered to surrender at discretion. The gay and festive sgene ws at once turned into one of copfusion and dismay, an’ ro panic stricken were tbe crew that severai of them attempted to cecape by jumping out of the windows. Among@the prisoners were six men dressed in female apparel, who felt sheep ish enough at being marched off Wo the station house in femipive costume. Yesterday avout a dozen of the prisopore were brought before Justice Connolly at the Jefterson Market Police Court, and held to bail in the sum of $600 each w keep the peace. The remainder of the defendants promised to behave better in future. The affair created quite an excitement ip the upper partof the city, and op the occasion of the examination before the magistrate, the court room was tbronged with spectators Dore Buenas oy Sryua—John Dibert and Albert Odell, dasbing looking, and well dressed individuals, were Drought before Justice Kelly yesterday morning on charge of stealing a case of silk goods valued at $425 from the store of A. T. Aschman, No. 498 Duane street, ander the following circamstances;—The prisoners, it appears, crove up to the store with a s:ylish horse and wagon, anc, while one of them eugaged the attention of the por ter fora few minutes, the other fellow picked up the sik and threw tt into the wagon, The pair then drove off, Dut were subsequently arrested by poticeman Slater, of the Fifth precinct, and jbrought to the Tombs, The magietrate committed the accused for examination. Carrens oF AN BACAYED PRIONRK.—Charles Nelson, an alleged burglar, who mauaged to make bis escape from tne Brooklyn city prison in the month of December last by persovating the character of a ‘ten days” prisoner named Joho Smith, was rearrested yesterday in Broome street by detective Roach, and escorted back tw his old quarters on Long Island. The manner of Nelson's, was remarkably ingenious and wei) planned. Taking ad vantage Of a change to the keepers, he entered into a conspiracy with bis fellow prisoner, smith—who was merely confined for intoxicaoo—and ‘boldly personating the cbaracter of the * ten day’ prisoner, succeeded in himself, When the bogus Jobe Smith had got ly wWay, the genuie indiviiual of that name revealed the secret und demanded t be set at bberty. The keep ere could scarcely believe their eyes at fret, but upon investigaiing the matier they were forced ie hat they wily sob!) mcd maling of neoeRsity jvasea the prt Y gr wiously t he even with 1g employed & gumber WY reautted in his re- ‘They determi ©, \f possible, and of detectives to hunt him wu capture yesterday AOCIDRNT ON THE CAMDEN AND Aatioy RAtLRMAD.—Coroner Jackmao held an inquest yesterday upon the body of Frome Lonwe, a native of New Jersey, aged thirty-ilve | yeare, who waa killed on toe Camden and Amboy Rail Toad, near Bordentown, on Tuesday afternoon, Deceased it appenra, was 4 brakeman on the the above road, and it was while be was scting iu that capacity that be met bin death. Fava Casvaty an toe Navy Yak. Information was reosived at the Coroners Office yesterday afternoon to the effect that one of the sasiors op board the receiving tp North Careliua, oamed Wallace, wt falley from Aloft, and #a8 almost jnetant!: killel | Coroner Jackman will bod ap quest upon the bouy MUOTING ALCORN —An inquest was alvo held by Co-oner jackman upon the body of Nathan H. Smita, & butive Of New Haven, aged ty yours, who was killed dental dike bar while out bunting. rae tor warde Ud arrived ai the remide y Went Sweety Fast w N Hae ere awd Comet have popemied oh hea ot « tebe ote ed ae wrayer out the -enre, i care should go on, because some parties on the ‘The New Tariff Bil. libellous articles uguinst HISTORY OF THE TARIFF BTATES. bad been writin, whieb he desires cenied the authors ant’s counsel.§ Personal Intelligence, General Paez, late Minister Plenipotentiary to country from the Venezuelan government, took his« parture yesterday morning from this city forhome. . nomber of his friends assembied at his late residene No. 603g West Twenty-cighth street, at an early hour | the morning, to pay their parting respeots to the dit tinguished diplomat, and, after the ceremony of leay: taking had been gone through with, General Paez, at o'clock, accompanied by his son, Mr. Ramon Paez, out for Philadelphia, where he is to take passage in bark Joseph Maxwell for .aguayra, a seaport of his aa E i ‘The deep interest felt among the manufacturing and commercial classes of our citizens in view of the passage of the bill reconstructing the tariff induces us to turn backwards to the inception of our general government, and run rapidly over the intervening periods, taking a Dirdseye view of the changes which ave taken place in this all important feature in the method devised by the fathers of the republic to sustain the finances of the aa- It will not escape the observation of Any one fami- liar with the history of the government that the revenue resources at the firet and at the present are widely dif- ferent. The small and frugal population of the early days of the republic has swollen to the mass of more than thirty millions; commeroc, then insignificant, has grown mighty im dimensions, and now its marine is coextensive with the rivers and seas of the whole globe, the richly Jaden argosies of the merchantman vexing all navigable waters; and manufactures, scarcely an item inthe great account then opened with the inhabitants of the land, have come to be an overwhelming interest, to say no- thing of agriculture and other pursuits of the people. Nothing, perbaps, has puzzied statesmen more than the adjustment of the tariff, so that it should hold in proper equipoise the interests of all classes of the community amidst the ever shifting and widening currents of popu- lar opinions and governmental necessity. ‘There is nothing remarkable in the history of the times or in the circumstance connected with the passage of tho earliest laws regulating the customs, and hence it may be well to pass without dwelling upon the Tariff act of 1790. We proceed, therefore, to the TARIFF OF 1816. In 1816 it became evident that a change in the tariff was needed, inasmuch as the state of the country was en- tirely different from what it haa been for some years past. ‘The war wes ended, and with its, close the necessity of exacting the duties which had been demanded during its continuance ceased, On the Ist of July, 1812, an act of (Cougress bad been passed doubling the permanent duties previously imposed on goods imported into the United ‘States, and an addition of ten per cent had been made to the double duties on goods imported in vessels not of the United States. Vessels belonging wholly or in part to the subjects of foreign Powers, entering the United States, had been with an addi oes oeree itional tonnage duty of 3 . fi FE i; Hi i i 5f i i E i F Homer Ramsdell and family, of N gas and Lieut. McCook, of the United Evans and it. C. Garaner, of ing only the Sou wn became secti 1832 and 1861 with great interest. In the former year the Southern States commenced a movement which, though for # time stopped by the Prosident of the nation, ‘The whabitants of South Carolina considered themselves aggrieved by the acts of Congress, and sought redress by nullification. The action of Jack- son is well understood by every American, and it is only to be regretted that the blow then given tothe movement ‘was nota final one. But, as much as we deplore it, tne fact remains, that the resisting or secession spirit was only checked, not subdued. Like the fire in the heart of the volcano, {t had only slumbered to burst forth with brillant light and destructive force in this year of our ‘was not crushed out, be Floyd, Utah; W. M. jute, of St. Josey > of St. Louis; I. coln, of Savannah; Mark’ Sheldon, Talbot, of Boston, and T. C. Rowland, of stopping at the Metropolitan Hote “Ur, Dallas, at this time Secretary J. W. Edwards, of hich he proposed rum, of Tennessee: ‘the act of 1790:—‘‘Notwithstanding the various alterations to which it has been subjected during trality, it has not been left in , Osborn anc Kentucky: J. H. By B, Nicoll and daughter, of Shelter Island, are stopping the Astor House, sy “ Mullan, U.S. A.; Hon. John A. Stewart, Md. Harris, of New York, Senator elect in place of |; Hon. H. E. Davis, of New York; Hon. John Bell, eapee, and Hon. Joshua R. G! in Washington. his report to Con; riff, thus speaks, the period of American give @ new course and the condition year 1824, but now it was as in fact which he ascribed to the the Tariff bill of that year. The great points of his fa native resources y which we have been considering ration forcibly recommend the ‘and reform now contemplated.” The objects he up this bill of 1816 were:— revenues wi must be bject of reconciling the various nati rests which arise from the its of factures, trade and navig 8. The object of rendering the collection of the duties convenient, equal and certain. His attention was drawn to thenecessity of protection as well as an increase of revenue, believ! few governments which do not regard of domestic manufactures a chief object of public policy. The United States so thought, and in the earlier acta re- collectior se we find that speeech were a8 1. ‘the polic; ought to continue te be regarded as the genuine American free trade system which is proposed 4s its pons ecg ng really to be considered as the British oe That the American of the Union, and pee dry ice of the great staple its of agriculture, has upheld and a decline averted by 5. That if the foreign demand all diminished by the minution has been more than eom| tional demand at home. 6. That the eonstaht tendency of the tition among ourselves and ly. These consider had in view in dri ‘Alger Scars, Boston; i is beneficial to all parts pa hag Sa necessary to much the Naval Intelligence. Cpe geeky |. M. Frailey, arr o daye from’ Gibraltar. The'following © that there exist tenant Lieutenants, Joseph M. James Madi ford, Samuel L. ter, Byron Nelson: Cher Paymaster’s Clerk, , Wm. P. Biagrov the substantive, the dent. principies of the system which Mr. were:. bose heavily charged with duties as to provent uaporia: e 80 heavil juties as to prevent tion or to much dimnish it. spies) aegis 2. Articles should never be so heavily charged with du- ties a8 to create a temptation to amuggle. 3. Articles of great size and weight, of com) small value, are difficult to be smuggled, and may be charged with higher duties. small size and great value are easily smuggled, and must be charged with low duties to de- stroy the otherwise fatal temptation to evade the law. great amount should rather be charged with epecific duties upon weights and mea- inst evasion and fraud, than BIBLE PERSON and beautiful female American parents, Addrea DOPTION.—ANY airos G. A., box 140 Herald office. Josdopta very ans neltay Boy. PERSON CORNELL: tay Hast thirty-sicih nereet) Sr MoELROY I8 RE t Thirty fourth stree! ‘OR ADOPTION—A FINE, /, sixteen months the child, not hat perienced, ina bob ac ‘cut off, they would be much more extensively 9. And, finally, that the substitution of the British colonial system for the American system, without bene- fitting any section of the Union, by subjecting us to foreign legislation, reguiated by foreign interests, would lead to prostration of our manu poverishment and ultimate ruin. . ‘The bill passed, and precipitated the Southern revolu- ion. Mr. Hayne delivered a great which he besought those having the power to stay the revolution then inaugurated,gto act in a spirit of conces- sion, and not force the South out of the Union by acts of aggression. He forcibly showed the seriousness @f the feeling in hie section, and appealed to all to restore har- mony to the nation. TARIFFS OF 1842 aND 1846. ‘The tariff of 1842, like those tective tariff. Its high duties were rapidly substituting domestic articles and excluding foreign; consequentiy the revenue must decline. The result of protection, ac- cording to Robtert J. Walker, must be the annihilation of the foreign import trade of the country, 80 far as ro- gards protected products. With the exclusion or diminu- tion of imports the exports must cease or be for foreign nations could not buy them. was upheld by the whig party, and gave no satisfaction Its excessive and prohibitory duties azd a tendency to annihilate imports and revenue, and produce reaction fatal to the protective The first attempt at its rey the first secsion of the Twenty-eighth relating to it was reported rolina, chairman of the Committee on Ways and Mi and discussed in Committee of the Whole on the State reported back to the House, and therc laid on the table. On the 14th day of April, 1846, the new Tariff bill was democratic measure, an ~ naaeaned TO CALL aT Rares, gene? Ee aie factures, general im- No. aaWesi HEALTHY AMERICAN 6. Articles imported ‘The reason the mother has on the crisis, in sures in order to with ad valorem duties on their value. It may be here stated that been experienced in The result of the hat t support work enough todo so. “Apply, between id 2, to Mrs. Hudson, 83 avenue C. N—A FR seri) Pr ‘are American, Apply ut No. 217 We MEETTHE EYS OF ARTHUR B! Olas he POR Avornio! old. Its pare ‘persons of respectability. of 1816 was as follows:— 1. The rate of duties ad valorem were changed bere from three toeight. The amount of rates of duty ud valorem was changed irom 12, 1%, 15, 20, 22, 28, 80, 833% and The rates of specific duties were generally in- creased ip amount of the permanent 8: ing, with the increase of the rates of duty ad valorem, an aggregate of about 42 percent an aggregate products of the custome. ibject of the tariff from this time forward seemed periodically every four » 15 and 20 per cent to ain Territory, United States 10 ARGUS.—YOU WILL FIND A LETTER IN THE New York General Post office. ‘ANTED—SOME ONE TO ADOPT A BEAUTIFUL: three years old. three days, roadway Post of le rates, avorag- to be brought before the yenrs,and now began to take ite rank as one of the great political questions of the timee. on, what influence it exerted on party politics ’in after Tn accordance with this rule of agitating the subject, it was brought up in 1520, when a revision was pro ‘This, however, only pated the House, rece! quietus in the Senate. TARIFF OF 1824. * ‘The Congress of of 1823 and 1824 consumed much of ite time in discussing the question of a new tariff, this being the most important, ene before it. was before Congress this session derived much of its importance from the fact that the whole theory of the preceding tariff bills was changed by it. object was merely to raise revenue; with this there was a doubie object—namely, to raise revenue and to afford protection to domestic products. portance from the fact that the two great si ‘our country were at that time in active political life, and ‘opposite sides of the question. Mr. Clay was the leader of the Webster its strongest opponent. reasons for supporting the measure the fact country was then in a deplorable state; the people out of employment; there was go market for the ducts of the land, and property of ali kinds was ’ fully depreciated. ‘The following is an extract from a speech delivered by him in the House of Representatives on the subject:—'ln casting our eyes around us, the rominent circumstance which fixes our attention ges Our deepest regrot ie the general distress which pervades the whole country. by numerous facts of the most incontestable character. It is indicated by the diminiabed exporte of native pro- duce; by the depressed a ion; by our diminished It will be seen, further policy. ision was made in 1844, at Congress. by Gen. McKay, of North Ca- The act which was consequently opposed by It pasted the House by a majority of 19. One of the most important questions arising at the time was whether a tax should be leviedon tea and cof- feo. This was strongly and consistently John Wentworth, who has for many y Tilinois. In December, 1846, Robt. J. Walker Becretary ef the Troasury, recommended ty-five per cent on tea and coffee. He said:—It is impor- ‘tant at all times, as shown by uniform ¢: vapecially in a period of war, to keep a least four millions of dollars in the supply the mint and branch mints with bi age and foreign coin for recoinage atall times to pay the public creditors at every point, both in and out of the country, As one of the means ive per cent on tea and lation was of no avail, however, as the tax was not With them the felt sympaibies in their bereavement - pa That a ‘these resolutions be sent the deceased and published in the New York and ENJ. 8. TAYLOR, President. Josxru H. Jounston, Cashier, PER SEAMSHIP JU! pany’ office, No. 4 Bow! It algo derived im- statesmen of FOR EUROPE, Tecsived at the Com! Green, until 10 o'clock on Tharrday y gave as his that the rulfion for ooin- , a8 algo to be enabled EETING OF THE HIBERNIAN UNI- t Boclety will be held at ing, February 2% at 7 o'clock, the yAMES BRADY, Noa M versal Benevol with punctuality and des menting the reven It ig forced upon us cee ie or cour | Folk againat it, the election of Clay. bd Theol jection of the whig party to the bill of 1646 was on which duties had been government id on afticles imported, and not on ‘commerce; by suc- in perishing in our alarming diminution the numerous bankrupt- z ad barns for want of a market; by of the circulating mediuin; cies; by a universal complaint of the want of em} ment, and a consequent reduction of the labor: by the ravenous pursuit after public situations, not f the eake of their honors and the of their public duties, but es a means of private subsistence; by the reluctant resort to the perilous use of by the intervention of legisiation in the de' between cebtor and creditor; and, above all, by the low ‘eased state of the value of almost ever; the whole mass of the which has op ap average sunk per centum within a few years. This distress every part of the Union, every class of society ; all feel b it may be felt at different places in different do- 1 is like the atmosphere which surrounds us; all must inbale it, and nope escape from it.” of which the above is an extract, Mr. Webster replied, denying that the distress of which Clay had op which be laid so much stress, was universal. He con- sidered New England exempt from it; and where it did exist it had its birth, not in the preceding taritf, but in the expansivn and collapse of the paper money system. He showed that a similar depression in property had taken place in Great Britain ata time when the Bank of England bad been in suspension for twenty-five years. Property had there decreased = in almost now bad in the United States. ‘opposed to granting more protection to manufacturers than they already en- joyed, believing that it would do no geod; that it would not abate the prevalent distress. After a full and free discussion of the subject for two months and a half, in which Clay and Webster were each aided by the speeches of many able men, the bill passed the House by a majority of iiye votes. the Senate, where it also had st strong opponents. collected froma tho first time. Duties had been the invoice price or cost at the of levying duties rendered 1) than any other, and its ‘that under the ad valore: the duties laid on Joun Stvont, Seeretary. OTIOR TO TaAXPAYERS.—OPFIOR OF THE Sizest, Rew York, Jan. 1, 1861 lath instant, for tt} the certain. m system there ex! that under the law of 1846 ‘of goods would ‘than about fifty ‘The whigs, in fact, always fa tive in preference to the revenue system, the great aim of every government as far ag it could, the id be to protect labor of those who bear its burdens This they thought was the secret of the suocess of Euro- The operation of the new bill, they rea- soned, will be to oppress and destroy the labor of our people and give to foreign manufacturers and merchants the control of the American markets. THE MORRILL BILL. We now come to the bill which Mr. Morrill has submit. It would seem as though a representa. tive, at this late day, might profit by the history of the various bills which have heretofore been passed, and, avoiding their defeots, forta one which would benetit our But it appears that he who undertakes this important measure bas not done so, judging from his most stupid and mischievous bill. poimg out ite defects in detail in this article, but wili closeour remarks in reference to it by saymg that we regard it as a very serious measure, one which » must oppose with ail ite power, porition ax the commercial centre of the globe. There views and observations, though rapidly and de sultorily taken, teach us that the problem of government is not yet fully solved; that the regulation of the cus wns, the adoption of a just and orcise of wisdom in the [reaaur; of the governiment, are astendt and never fail to try the patience and ekillof vur ablest Administration brings to trial not oaly men, bat measures; and in nothing do we see #0 much need of wbility and roundness of mind as in the ways and means of sustaining a government 80 complex and peculiar as iL ‘The following section of the act of April 14, 1808, te publiatie ee ee a berate, ted to the House, as much 48 Ve not space W It then went to admirers and as The tirst motion relating to it was ler to the Committee of Finance a motion hostile to This wus decided in the negative by « close vote, the ayes being 22 to nays 23. referred to the Committee on Manufactures, by whom it was returned a8 it Ktood, with no proposed amendments. aver, were made when the bill was brongh up mn the Senate, aud with these it passed by a vote of The measure was supported by Adams and Jackson, but oppored by Crawford port of Pennsy vania, New York, Ubiv and Kentuoky. ‘was opposed by wil the cotton sti arolina, South Carollina and Massashusetts, the Southern States Delieving that they woud be injured by il, and that one section would be qpriched at the expeuse ‘The bill, hoving passed both houses, re- ceived the approbation of Presiieut Monroe, and became the law Of the land TARIPP OF 1828, Four yeurt bad rolled around eince the adoption of the just Tariff bill, and it became necessary, in the opinion of politicians, to revive the questien vo furnish capital im the ensuing Presidential canvass, aot as in lator years the negro question has been called up by party platforms end party Kpeakers. Ihe meature of this year originated in # convention of ufacturers in lonpsylvania, @ Stato whi ay#, more then any other, been exeroiset on this sub: 1) was firet brought op to benefit particuiar inte: rerte but to ndd strength to ite advocates other intorente ntil it became a queasion of ganeral It was one of the most impor- mmated by Congress, inaxouch the culifeation troubles which Grat threated to destroy it dewire vo retain ite Tt was, thereupon, tariff, and the ex. tment or branch great ditficuities, ic = EF) 2 2 5; It also received the 1 GRAND STREET, 8a ‘Money advanced oo Watehon, Dry Geedn and personal of 90 Wand sold. by SOMBER As TACK SON, er 7 See BROADWAY, OORNKR OF rn 7 sl SAU MGANPRN & CO Tli CHAMBERS ATRBET. mo! Any stvant on Pamonde, ihe well known and old eatablidhon mitsion merehant, Surrogate’s UMfice. Refore Edward ©. West, Surrogate. Will of Afrs. Blankman.—This case was on yesterday. Mr. Clarke, President of the People’s Insurance Gornpany, was tho first witners examined. He testified to ha seen Mrs. Blankman write J. Augusta Bennet, but never seen ber write the word Jane or Blankinao. opinion wan, that the signature to tho will did not exactly correspond to the signature J. Augusta Bennet, which he bad sean the tostatrix write. Mr. Winnie, formerly araloeman in establiahment, testified tha bot not within glx years, and that he would not doubt ibe genuineness of bis signature to the will, oaly for she ‘ord, “Park plage, New York." |. Gardner vertifiet that he had never seen Mail ‘out that he bai recetved letters from him, ‘or jovhing, and that the létter N tn the eignatur to the will was not like Maillard’s waual N, wad from thw he did not think the signature was hi ‘The prqponent’s counsel expresned on don of Merehandin. , ae, Aya or on Ls bar nen 1) Chambers at owt. ria Yiniliard write, om boat TH RAUBAL AT broker, makes lheral a , he or baye them at full value, at ‘aeanu street, room No. 2 mp stAlne _ 5 OWTGMAN, Di EDAK ATRERT. HENKY A! Satchea, Wateh Movamonia, silver a ‘Crpponite Pont aflice, room