The New York Herald Newspaper, October 1, 1863, Page 4

4 IMPORTANT FROM MEXICO. eee Fepublic to-day, and under thoir yndoubted determination to prosecute the war Lo the utmost extent of the nation's Power, and their well kuown enorgy, the French iff soon find that the military question is very far from being closed, perhaps ouly about to be opened. Tam also huppy in beng able to anuounge (hit Senor Fuente, the late «b'e Minister of Foreign Affairs, bas been appointed FAVORABLE NEWS. _ En\oy Extraordinary aud Mister Plenipotentiary to 3 tho United States, and will take big departure War Preparations by the) (ice uuntry to-morrow. enor Maplaoal, late chiet clerk of the Department of Foreign Affairs, a gentleman of fine accomplishments, aceompamies him ag secretary of lJegution, Senor Romero, the late Charge d’Affairs in Washington, will remata in this country, having ontored the army, where Le has recoived the rauk of colonel and his been appuinted on the staff of the Commander-in- Chief, General Diaz, the present C mmander-in-Chief of the national forces, ia a young man of great promise, He is bold, daring, en-erprising and of indefatigable energy, aud serv d with groit dist notion at the siege of Puebla Ho has now under his command a very respectable force, rapidly being auzmented, with which le will Soon resume offensive cporations, The different States are responding with great alacrity to the appeals made upon them by the government. ‘Tho State of Guanajuato has, besides its forces now with General Diaz, nearly 7,000 men, well armed, clothed, paid and fed. This State, Queretaro, Oajaca, Zacatecas, Juligeo, Durango and other States of the republic, are or ganizing thoir respective forces, and everywhere tho spirit of resictance is breaking out witb mow strongth and more determination of purpose. Gencrat Negrete, who = ‘operating in the States of Puobla and Tiascala, is already giving great trouble to the French, and in tho State of Vera, Cruz there are considerable bédies of gueritlas coustant- jy attacking the French line of communication. So goon as we can get arms; and money from the United States we shall be ablo to place over 100,000 men in active ope- ration against the French. From the city of Moxico we learn that much uneasiness prevails with regard to the course the United States will adopt with reference to the maintenance of the Monroe doctrine; and now that their work is dono, and the pro- claimers of tho empire begin to seo the enormity of the act they haye committed, thoy are disposed to shrink from the responsibility to the United States in which they have become involved, in caso, as now appears probavle, its power is again restored. The French soldiers are also much dissatished with the expedition, and are anxious to get back to France. Tho boasted security which the intervention was to bring does not appear to have been realized. The roads we-e never more insecure than now between Mexico and Vera Cruz. The diligence is robbed oven bofore it has left the limits of the cities of Mexico and Puebla, the strongholds of the French, and commerce is completely paralyzed, the merchants not finding security for their goods even when transmitted under convoy of French troops, Communication from the oity of Mexico to the interior 1s of course cut off, and we hear that great scar- city of provisions prevails. ‘iho inhabitants are suffering in consequence great dis- tress, and in many ways they are beginning to feel the weight of the iron hand of the invader. Tho other day an estimable young Mexicap gentleman, Eduardo Cabatlero by name, was walking with bis wifo, who, unfortunately, was young and pretty. They were followed home by a French soldier, who attempted to enter the house, The husband resisted, and, in the alter- cation which ensued, used such weapons of defence as he had at hand, but without injury to the soldior. The latter called for assistance. Tho husband was arrested, tried before the French permaneat military commission upon the charge of attempting to assassinate a French soldier, condemned to be shot, and was publicly exeouted. This is the fate of Mexicans who even soek to defena tho of their wives under the civilization Napoleon is olently introducing into Mexico. ‘A thousand such outrages as this, which have alroady marked tne French occepatioo—the whipping of women and the imprisopments and ,ponfiscations of property which have occurred—are arousing @ deep sented ani- mosity against the very name of the Prench, which it ‘will take long years to remove. This bas France gained in place of the (riendly feeling with which the French wero heretofore regarded. This is the reward of the il- timed ambition of her emporor. A country devastated and thrown Into disorder, a commerce ruined and senti- ments of regard changed to emotions of the deepest Mexican States, New Cabinet of President Juarez- General Dcbiado, Minister of War, and Lerdo De Teja- da, Secretary of State. Senor Fuente Appointed Minister Plenips- tentiary to the United States, ATROCITIES OF THE FRENCH, &en Ben ae Our San Luis Potesi Correspondence. Sax low Poros:, August 21, 1863. Since my last, another mouth bas passed in the history of the French invasion, but a month dostined to mark the turning poiut im the careor of success which, toa iimited extout, the French have achieved in this most wicked war. ‘The occupation of Puebla, and the abandonment from motives of policy of the capital of the country, had for the moment dispirited the people, and the change necessarily involved in the removal of the government to the new capital, in the formation of a new plan of campaign, and the nocessary reorganization of the army, had required tho passage of a certain length of time without the occur- rence of avy striking events, and may have led to the be- lief abroad thit the nation was quiescent under the igno- miuy heaped upon it by the Emperor of France. But it fs not 80; or if it could have beon, nothing could have been better contrived to rouse it to burning indigna- tion, and to cause the entire people to spring to arms as ‘one man, than tho acts which have followed the occupa- tion by the Fre.ch forces of the city of Mexico, The oombiuation of farce and of tragedy which these ‘acts have presented would have excited a smile ot ridicule and of conte.apt had it not been felt that there was behind the scones a secret and , otent mover of the players, and that his purposes were now clearly unveiled, and that they meant nothing less than the extinguishment of the wovereignty of Mexico and the making of it a colony of Franco. It is idle, they say, to talk of Maximilian. What 1s he to Mexico? Who ts be? What secret power does he pos. ‘sess in his person that the Mexicins are to fall down and worship hm? What §3 he but the mero tool of the Em- peror Napoleon, supported by his bayonets, placed on a giddy enzncnce—in automatic puppet to do bis bidding? Where is th s foreignor’s right to come across the seas at the cuil of two hundred and fi teen traitors, endorsed only by the few towns held by French arms along tho mere line from Vera Cruz to the city @f Mexico, and Against the will of nive-tenths of the people of Mexico, and in violation of all of the most sacred rights of na tionalities, (o seek through tbo sole might of the Empe ror of the French to rule over Mexico? It anything wero wanting to atic the blocd of the Mex- {can people it is the proclamation of an Emperor—a thrice hated title since Spanish kings enslaved them. Iturbide Btrangled iu its folds the infant republic, and Santa Ana sought the tit'e as the last expiring hope of preserving his power and perpetuating the rulo of the Church. To this the French have added the impolicy of depriving the Indians of the country of their citizenship, thus dis franchising nearly five-sevenths of the population of Mex- foo. Nor have the military successes of the French forces been such as to give them any further Prestige. On the contrary, under the pretence, openly avowed by General Forey, that the rainy feuson prevented active operations ia the field, their movements have been limited to small expeditions to the towns of Toluca and Pachuca, witbin a few leagues of the @apital,and to the convoy of supplies from the coast. Even for this it has been necessary to withdraw their permanent garrison from Orizaba, and that town his ‘fagnin been occupied by the national forces. The only Places of any importance, therofore, that the French to: day occupy in the republic are the cities of Mexico, Puebla, Vera Cruz and Tampico. The two latter are of course controlled by the marine, and over the road from,,| Vera Cruz to the city of Mexico they can ouly pigs at imminent peril and risk. Several convoys have been cap- tured, and the French forces on the march are constantly harassed by the government troops. Maximilian will weed @ very strong force to guard him from the’ loving embraces of his new subjects, and along bis limited journey to the interior, should he ever make the venture, his eye can on either side penetrate to the utmost limit of his dominions. He will hold precisely what the French forces, whose puppet be 8, may atand upon—notbing more, Some days sinco the traitor Oronoz left the city of Mexico to attack Negreto, who is now the Governor of the States of Puebla and Tiascala; but just as he was forming his fines to do so his Mexican forces in a body went over ‘to the national troops, with whom they uvited, shouting vivas for independence, and death to the French. Oronoz was forced to flee for his life back to the city of Mexico, It is a solemn lie before tne world te proclaim that the people of Mexico are in fuvor of French interven- ‘ion or that they will acquiesce in the establishment of a monarchy, be it under Maximilian or any one olse. They have freely adopted the institutions they choose; they desire no other, and they are determined that the republic shall be maintained. Never were the people so united and go determined as now, and under the able admivistration of Gen. Doblado and Mr. Lerdo, supported as they will be by the Govern- ors of the States, a new compaign is about to be inau- gurated which may have very different results for the French from that which was closed at Puebla. There may come for them, perhaps, with money and arms from the United States, anothor 5th of May. Aquaties. THE POUGHKEEPSIE REGATTA. ‘The annual regatta at Poughkeepsie, on the Hudson river, came off om Tuesday afternoon, being the day suc. ceeding the great rowing match for the championship. ‘There was upwards of five thousand people present, and the day was highly favorable for the aquatic contest, the river being as smooth and calm asa mirror. The princi pal event of the day was the single scull race of five miles, the first prize boing $75, the second $50 and the third $25, The oaremen of New York, Newburg, where, most ungrateful of all, be has since been tm. | jittsburg, and Tovghkeopee were Ae ae prser’ prisoned by General Forey. of New Win, Bas, of Pittsburg; Gil! To return to my narrative of events. On the 224 of Jast month, immodiately after the proclamation of the empire in the city of Mexico by the Assembly of Nota- bles appo nied by General Forey, the constitutional gov: ernment, through its Mivister of Foreign Affairs, or Fuente, addressed a forma! diplomatic note to the govern ments of all friendly Powers, protesting against all acta Of the so callet regency and the suppesitious empire set up i the city of Mexico, and asking (hat said support, tious government, which it was clearly shown was neither & government de fac'omor dejure, should not be recog- bert Ward (a brother of the ex. champion), of Newburg, and William Stevens, of jie. ‘The latter rowed a new boat, unnamed, baiit by Mackay,in Stephen Ro- Derts? it building establishment; Ward rowed his brother’ boat, the Dick Risdon; Pigiio, the Wm. Decker ; Burger, the Restless, and the Pittsburg oars man the saine boat in which Hamill rowed Ward the previous day for the champiouship. The start was effected at balf past three o'clock in the afternoon, ail the boats being drawn ap in line, and the different colored uniforms of the rowers giving a pretty effect W the scene. Stevens showed firs’ in (ront, leadi a clear length, with Ward second, Biglin third, and Bus! fourth. Theso relative positions were maintained for the first milo, when Ward, passing Stovons, nized by those Powers in any way as the govern- | the lead and turned ‘the stake boat first, tho ment of Mexico, This protest was accompanied by | Pittsburg rower being close up with Stevens, Ward maintained his leading position alltho way home, passing the judges’ stake boat first io thirty eight minutes and ‘thirty-five seconds; Bash, who passed Stevens on the return course, was seco i«!, fifteen seconds bebind the winner, and Stevens forty.‘ive seconds behind Bash. Higlio was fourth and Burger las; but their time was not takes, ‘There was not much ing, the little that was done being at ‘even between Ward and Stevens and Bash and Stevens in their rolative positions in the Trace at the fintsh. The backers of Josh. Ward, in his mateh with Hamiil, feel very sore at his easy defeat, and “pay alieee a to say that he pever tried to win the race. allege that his relatives who backed bim heavily in the yous match could not be induced to invest a singio dollar ou him in this race, and that “* of bis former backers actually bet their money on Hamill, Whatever their opinions of Ward's actual capabilities as a rower may be, it cannot be denied that their faith in his honor has been very severely suaken, It is doubtful whether another match between the two will be made next _y: bas him three times in their four contesta; the is, consequently, qeatly’ entitled to the title of Champion, 0 long borne by his opponent. another protest or manosto from the Perm nent Deputa tion of Congress, which rematus in session at the capital during the recess of Congress. This protest closes as follows :— The Verminent Depatation, in the name of the Con- Grose Of the Union, and as tho {aithfot interproters of the national iment, #0 energetically and untvorsally the sovereign C. naresa itself, by the execut: id by the other legitim:te and loyal authorities of tho jectarations which disay 8 against the Mexican people, hout (orce or legal value, all acta done or which may. be done by virtue of the power or under the influence of the foreign inva and it declares that in tbe consti tational orb t of ita fanctions, remaining always at the side of the government which the nation, in the exercise of its sovereign will, manifested in conformity with ite organic law, has freely established, aptii the next session ‘of the National Aseembly shall take place it will co. fate with all the energy and self devotion inspired by Pairiotiam in repelling force by force, and in usin every meuns to discnnnect and the machinati os treason and of conquest, ia order to maintain secure the io jence, the sovereignty, the laws and the perfect of the repablic. ‘This strong language from the leg timate representa- tives of the Mexican people does not indicate that it is Ghee free will that a foreign prince should be brought by Crieket Mate! NEW YORK V8. MANHATTAN. Yesterday afternoon these clubs played a return match on thei grounds at Hoboken, which resulted in a signal victory for the New Yorkers. NotwithstanJing the game o-nided it was a pleasant and agreeable Content. ft will bo seen that second cloven of the France from acroms the seas to rule over them. The | New York are regaining their lost narels, ‘The score an- Gr0es (alschood of the reports circuiated in Europe that le the majority, or even s respectable minority, of the people Fira Innings. Rum. — Seeond Th Rune. Of Mexico are in fayor of @ monarchy, is too apparent —— out...... 0 © Higham b, Beech .... 0 to require refutation, Garrieeescecssecses-e 0 Rogout .. ° ‘These documents were followed by & most stirring ap- Liversey ©, Cartan fee 8 lor HY peal from General |). Manuel Doblado, the late Governor |. Tucker b. Garrison . Of the 8 tate of Guanajuato, addressed particularly to tne | C'arendon ¢. Hall b.Gar- é mhabitants of that State, but equally applicable toall. | Boyd b. Tyler 4 » 0 Dobiado says:-— Walker, rum oat... 1 s “Under the flag of independence, for the first time | Layriny c. tail D. Garr 5 thrown to the broere by the venerable curate Biguol ROD cece . 6 Hidalgo, are now joined all politica parties; for ander its | S¥mms,!.b w.,b Tyler | a shadow there is harm only totraitors, Today foal! upom | press TF cess o i all the inhabitants of the Stato, whether conservatives, — — moderados or liberals, to lend their services, each one TOAD sive ceccceee Totad css ctecwees in theaphere which may bo possible, to the conse of sew Yor, rh independence To tay divrppear with politica narreds | nite ror . oker i all the uabappy denominations » rn of elvil war. tn the bloody struggle upon which we bave tow to enter there are cnly two distinotions which can henceforth bs knowo— Moricana, or Frenchmen and traitors, invaders or invaded, freemen or siaves.”’ Since then these words of General Doblado have ac quired @ new importance; for witbin the past fow days Huseto, i. bw. Liversey ..... the Cabinet of President Juarez bas been roformed under Higham, Jr., not out Wide, 1; leg’ byes, 2; bis leadership, and he takes the position of Minister of War, with Sebastain Lerdo de Te ada as Secretary of State. ‘These are probably tho two most able fo the Mexican Sl eowe8co8S hatred on the part of an entire people. Is this progress? | THE POWER OF STATE COURTS. The Action Ag the Secretary of State for False Ingprisonment—Jones Versus Seward—Arguments of Cow Important Tasces, &e. SUPREME COURT-- SPECIAL. TERM, Petore Judge Cle. ke. Brrr. 30.—Colonel Gerye W. Jones vt, William H. Seward, Secretary of Siat.—At the sitting of the Court this morning the case of Jones against Seward, some par ticulars of which appeared in yesterday's Hgraup, wa again broughi up on motion of Mr. James T. Brady for its removal to the United States Circuit Court. Mr. McKeon, counse! for platatiff, insisted that the pe- tition for the removal of this action to tho United States Cirouit Court should bave been more full in stating the particulars of plaintiff's arrest. He also contended that the Stato Courts could not by act of Congress bo divested of their power to take cognizance of a case liko this. If this could be done the President would bo endowed with absolute power and unlimited discretion in regurd to arres's, Mr. Brady, counsel for the government, said there was ‘8 class of persons in the community who seemed to think that in time of war the government bad everything ox- cept power, and could obtain anything except men and movey. Tho defendant was here asking only what he was entitled to by the constitution, which dectired that he judicial power of the United States embraced all cases jing under the constitution and laws of the Union. Comity and reotprocal a8 well as the rules of law, had settled in the courts of this State that tm all such cases the decisions of the federal courts are conclusive. In Uke manner the Supreme Court of the United States had held that on ail questions as to the validity and con- struction of State iaws the decisions of the several States wore binding. The judicial powor of the nation would be of no avail if every State determine for itself upon the questions arising under the federal constitution. If the views of the plaintiffs counsel were maintained, then, in the event of the Union being restored, every person taken prisoner in Southern State—in South Caro- lina, for example—oould support an action for false im- prisonment if the tribunals of such State should bold that the arrest was unconstitutional. The petition was en- tire!y correct and full, as the law required. The Congress of 1868 had done no more than that of 1833, when nullification occurred, All actions against revenue officers of the United States were to be transferred to the federal courts under the act of 1833. No one complained that it was unconstitutional. The present law extended the right of removal to cases of arrest under the Presi- dent's authority. All the suggestions about the danger of investing the Prosident with such large powers were answered by Chiof Justice Tancy in the case of Luther vs. Borden, whero, during the Morr rebellion, a man’s house was broken open and rearched without warrant om-suspi- cion that the plaintif’ was engaged in the rebellion and would be found within the house. The defendant did not ask that the constitution should be suspended in war; but, on the contrary, that it should be enforced both in peace and war. He was perfect!y prepared to meet the plaintif’a case; and Mr. Brady undertook to say that the qery who tried the action would give a verdict for the do. fendan’ Mr. Rrady then went on to argue his case at length, ‘and made the following points: — It may be contended t this case does not arise under the constitution of the United Stater, nor any lat he United States, and that therefore Congress could Not invest the Circuit Court of the United States with Jurisdiction over it, But the papers in the p cceeding show that the acts complained of by the plaintiff were done by the defendant as Secretary of State of the United States, during a rebellion, by authority of the constitu. tion and of the President. One question at the trial will be whether under the constitution tho ident or Secretary of State bad a right to cause or order the arrest of the plaintiff, The fourth eection of the act of March 3, 1863, makes ‘any ordor of the President, or under his author it: at any time during the existence of the ro- bellion, detonce in all courts to any action”? for any arrest, imprisonment or act dove or omitted to be douc under or by color of the t’resident’s order, or of any law of Congress. The learned counsel for the plamtiff con- tends that this act is repugnant to the constitution of the United States, being, as he alleges, retroactive, and operating to divest richts which bad 'becomo vested be- fore its enactment. When, therofore, the action 1s tried, and tho defendant seeks to justify under this act of Con- gress, its constitationality will be a most important ques- tion in the case, Thu,t i ea that the ; bit bis arguments were decmed sufficient to prevent its being delegated.— Story's Comms. . 34 Vol. 88. 1635, 1637, 1641; Same Ist Vol. 83., 209, 266, 267, 483, 484; 3 Flack’s Comms , 137, 133. 1 Tucker's Bi }, App., 291,292 If it were intended that a citizen shouldfeven during a rebellinm or inv sion, be arrested only for euch cause and in such manner as would justify his arrest when neither rebellion nor inva- sion existed, no porer to suspend tho babeas corpus would ever have conferred. On the contrary, the writ would have been left to apply vofall caser, so that no other than legal arrests could be made. In giving the opinion of the court our present able, pure ‘venerated Chief Justice (Taney), after declaring that in the case of a sovereign Staie in this Univn, as wollas in ation, ‘‘the government acknowledged re aig f 2 the courts of remarks: this power tn tho ‘resident is dangerous t> liberty, and may be abused. eu bower es it Cogn Jad unworthy bands '” . of elevated office of the President. chosen a3 he is by the feds the United States, and the bigh ee could pot fail to feel when acting in a case of so mac moment, appear to furnish a» strong "ds againat a wilful abuse of power as human prad nce and foresight could well provide. At all events it is confgrred upon him by unt constitution and laws of the Unfed states, and must t fore be respected end enforced iv its judi- cial tribunais.’’ In that case Luther sought to recover damages for heey oy and searching bis house with. Out any warrant, by of the defendants, who were in the military service of the State, martini law having been declared, The Chief Justice says:— ‘Unquestionably a Stato may use its military power to put down ‘a0 armed insurrection, too strong to be controlied by the civil authority, The power is essential to the exirteuce ° government, casential to the preservation of free iostitutions, and is as necessary to the ‘States of this Union as to any other government. ‘he Stato itself must determine what degree of force the crisis demands. e Ld bd bd Tt was a state of war, and the established government resorted to of war to maintain itself aud to te and wages unlawful ition. And in that state of pee Ke in ite military service might lawfully arrest any one who, from the information before bad reasonable i. or giles yey ld: ! H = H 2 z 38 E 3 3 i 5. Fy Be i tz af alle aT FH z of this State, ‘apon queations araing pon the consttnetion of deral eamstitution, the ions of the courte of United Staten are nai and conclusive, and will be lowed by the courts of this State, «betever may be own Views On the question." — ve. Rush, 20%. MeCormick va. Pickoring, 4.N. ¥., 276. " The fen iant being ia this action for acts done as a member, OMeer Of agoat of the geacral government, wa- NEW YORK HERALD, THURSDAY, OCTOBER 1, 1863.—TRIPLE SHHET. Senn SER eee ee EEGrnty I: apannmNT naar enamel = ‘authority claimed to Lain oe ba Bhp seme =e we of the United ~tates, af OR defence right by such authority to do what he is charged with, a Cage is presented of which Congress may futhorize the © reuit courts of the the exe usion of the State tribvn stance, and on the ev dene Cit dm there points the order prayed for should be made divesting this court of any further jnrisd\ction or control over the it action or any future proceedimg in ‘t, After sn able argument on bebal! cf the plaintiff by Mr. klwin R, Meade, associated with Mr, McKeon, in which he strenuously contended that the 81 of bis chent was unconatititional, Judge Clerke took the papers and reserved his decisivn. THE DRAFT. ‘George, W. Dipperman, J. Grebani, £8. Welle, F. Hse: kor, J. Woods, P. Amon, P. Paxtor, 92 Mitebell,¥. Bobeibe, R. Curran, W..H. To ¢, J. H. ue Number of drafted men Physical dis»bility Tid commutation Only sons of widow. Aliens Unanitable Non residen's. * Laid over for ‘urther consideration. . ‘Total number who reported Sent to general ren'ezvous Saude Substitutes accepted for men held on previous days... .11 Pesan The Riot Claims APPLICATIONS FOR RELIEF REFUSED. The following claims of applicants for relief, in conse- quence of alleged injuries. sustained. during the late riots, have been denied by the Supervisor's Committee:— Ferdinand Heyer... $20 00 Francis Siaew 85 15 Barth ol mew Examinations and Exemptions. FOURTH DISTRICT. The business transrcted im this district yesterday wie quite meagre; but to-day the Board of Enrolment will te occupied from morning till night in adjudicating the claims to exemption of those whose cases were Jaid over Es a until the 1st of October, which embrace aliens, nou resi. | Sam'. Yan tos pate dents, &c., to the number of several hundred. The foard | {crae} Polles.. 7 00 of Enrolment will not, of course, beable to diapose of so | Percival P. La 115 00 Jacob Prush . Charles Matth William Byrd... George W. Sprig? Maria B.yard groat a number in one day, and will, consequently, moet from day to day until they are all settled, On and aftor to-day all those who have not reported: to Provost Mar. shal Erhardt will be regarded as deserters aud pun'shed acoordingly. Those who have been held to service and boon allowed a furlongh, will be required to report for aeptay oF furoish '& proper substitute to serve for three ye: nae tho war, in their stead, After to-day this ivilege will ccase. Prthe following ig the list for yesterday, with the dispo- sition of cagh case:— ‘6 N. Strauss, Swoony's Hotol, furaished iar ‘eijah © % y. turaished “Seba Stahl; li vie, No. 28 Bows Srelicy He D. Poe NO. 48 Sullivan’ streot,, furnished ‘thomas Grogan: Henry Evens, No. 336 weet street, farnished Jobn Hi, Schultz; George Corning, No. 50 While stroct, furnished Mic Quinn, 3. D'Brabeon, Wa'ter B, Noyes john W. Stoata, J. D. Wal potest Disko Tidolph Bicaa, Louis Hickman NON-RESIDENTS. John Williams, William H, Moure, Francia M. Nast, Spencer. a mais HELD TO BFRVICE, ‘Thomas J. Cortisae. Andrew Kyan. SSsssKss ‘Interesting Qu Boundaries Between Kings Counties. An foteresting boundary queation bas grown ont of one of the claims for damages growing out of tho late con~ scription riots, Op the 15th of July last a portion of the , Atlantic Docks was injured by one of the Brooklyn mobs, and the stoam dfedging machine Oneida, as well as % ;mumber of scows, were entirely destroyed, | The Atlantic ) Dock Company sdbsequently put in a claim against the county of Kings for the damage done to their property; but wore informed by the Of that recion that the proper place to file ruch a complaint <a Comp troller Brennan , of this city, on-the ground that the origi nal boundary line of New York county extended to bigh water mark on the Brooklyn side of the Fast river. Ac- cording tothe old maps of New York thts decision Of the Prooklyn authorities would appear to be correct, inasmuch as the boundary line of New York is extended to the high water mark.on an.extonrive portion of Kings Respecting the New York and PAYSIOAL DISARILTIY. county side, and alro to the bi¢h water mark, along Har- ‘William Mobtanns, Dealel Bhegas Jem river on Westchester county aide. Since the drawing ‘gin’ 3. Mbitoe TahDere Beeler. Of these maps no change has been made in the boondary J . Mangles, pet ppl Hine of the two counties, and the question thero’ore be comes of groat interest which county is Hable to the David Hartley (poor ida. bill claimed by the Atiantic Dock Company. aha preper. ty of the company, docks, &c., is built out inte the Fast river beyond the hizh water mark, and {t would there tore seem that what has so long been considered within the actual bonndaries of Brookivn {# really included. im the county of New York, The Atlantic Dock Company have filed dilis for damages against Kings connty and New York county, 60 as to protect their rights whatever way the boundary question may be determined. Richard £. De Forrest, SENT TO RENDEZ VOUS. The number of conscripts sent to the Fourth Congres- sional district rendezvous, at Riker'’s Island, yes‘erday, five. Ageregate number 0° conscripts sent to rendez- , one hundred and ninety three. RECAPITULATION. vor Laid over. 7 Extradition Case. UNITED STATES COMMISSIONER'S COURT. Before John A. Osborn, Faq. Serr. 30.—In the Motter-of John M nne, Calling Hime lf John Hodgsen.—\r. Thomas-Dunphy, law partner of Mr. Edwin James, was recalied, and his cross-examination continued at great leneth in refererce to a varicty of Ruts, Croes-auite, Fottlements, releases and other logal proceedings in which Hodgson was concerned and the witness’ firm interested. All this evilence was *taken under objection, and subject to be atrick out. Mr. Dun- phy asked the Commissioner to take judicial notice of the fact that his testimony in rogard to professional re'ations with the accused was drawn from him by ¢be cross-ex- amination of counsel for the defence. Adjourned to Wednesday, October 7, at one o'clock P. M. Counsel for the British covernment, Mr. F.. F. Marbury and Mr. Rai'ey, of London; for tho English creditors, Messrs. James and Dunphy; for the accused, Mossrs. John McKeon, Chas, Edwards and Bernard Hughes. Over ago. HE FIFTH DISTRIOT. ‘Tho business Lere fos on as.usua!. Outof the num- ber reporting for examination, however, more mon are being obtained now than in the earl.e: history of the ex- aminations. ‘The following tusiness was dono yesterday :— Superior Court—‘ hambers, Before Hon, Judge Barbour. Sep. 30.-Cadwel! ve. Hawke and Goodenough.-In thin case ‘an order of arreat had been granted by Judge Monelt, bold- ing the dofendants to bait in the sum of $3,000 each. The case came up'to-dvy. on a motion to yneate the order of arrest. The afdavits were of the mort conflicting cha racter; the plaintiff allcging thet the snm of ¢5,500 had been paid 1 Haight tn his life time, to the de- , in vebalf, and the defendant« alleged that the money had been received by them for her husband, who had threatened an ‘action for criminal converration agninut Mr. Haight in his tifetime. The case occupied all day, anda greater portion of yesterday. The Jndge took the papers nnd reserved his decision. Morsrs. Edwin James end Thomas for plaintiff; &, B. Courtney end Hill for deiendatts. vice Filas Clutech, Philip Hoppersferry, Horry Pertrand, Matthew Fitzsimmons, Wm. Syers, John Byrne, George ‘Wilson, Jas. Daly, Thos. Casper, C. Fitzsimmons. The following are the names of the substitutes ac- cepted :— Jobn Phieffor, Robert Lyons, Jacob Gelming, Chas. » Jobo Scheurmen, Hyde, Conrad Miller, re Cursy, Henry C. Davis, Midhsel Brown, David Wil- m8, SIXTH DISTRICT. The number of claimants coming forward before this Board has ineceased very much since the conclusion of the heariag of the conscripts of the Ninth ward. The Board is now doin; justice to the claims from the Fif- teenth and Sixteenth wards, and thece were about onc Court of bg. tard DAY, Sept. 29, 1863. DECISIONS. The Metropolitan Rank and Shoe and Leather Pank, respondents, aget. Van Dyck, Superintendent, &c., appel- lant. Judgment affirmed, CALENDAR, McGregor vs. Buell and another. Ordered on speeiat @alendar as No. 43;. when the proceedings commenced. During the day’s examination the only originality de veloped was in the case of Mr. Thos. Burton, who brought pte Cred said she nursed him when he was born, to testify that he was thirty.six years old. But this indy k only froma rather defective memory. as, tua wae Uuirtein years oid, ake ‘cond not recollect ehe | _ NO. 12.—Periine ve Now York Ceutral Rail «ad Com- date of his birth or even her own oge atthe time. She | Pany._ Ordered forward and mide No, 534. was to a very skillful crose-exnmination by | _ No. 1.—Gardnor vs. Barpey & Butlor. Set down for Captain , without eliciting sayie but the fact that | Thursday, October 1. while she positively certified that Mr. rton was thirty: Clute vs. James and another. Ordere@ to be placed on six years old, and the same ago as_her bi Bho oul calondar, with leave-to submit. neither toll her brother's age or ber own, or the date of | Lewis H. Meyer, appellant, agst. James J. Rosevelt, re- the that Mr. P. or hor brother were born in. All | spcndent. Judement reversed. she iv sae acaat Mr. Burton ee a tnicty six yoare old, Ookey tial oa “. Fellinger. Submitted by Mr. A. |thoug! wo date or guide, could recol! po a Siroomatance that had e senpeney to fx Oat peculiar noe ae . Rov a5 Argued. Mr, A. Anthony ear memory. Poard required evidence more people: Mr. A. Wager for prisoner. Eonristent than this; and laid the case over. No. 3.— Cobel. Argued. Me. A. Oakey Hall vs. . for people; Mr. F. Blankman for prisoner. No. 4 —Clark and others vs. Parsons and others. Arga appellants. Still ment opened ty Mr. F: G, Lapham for on. ‘The following is & list of the cases disposed of durin the day: =f FURNISHED SUTSTITCTES, Samuel Thorn, 244 West 17th street, furnished Charles Bove, Burea; hy sara hl ~~ 95 8th Te, c D Alexander Gai ; Henry Everson, 60 Horatio . street, furnished wank . SvrReMr » Crncurr—Vart 1—Nes. 643, 567, 1705, ad . tan a 1817, 165, 2389, 20584; 71: 2963, M4, 2047, . 3955, 2957, 2959, 2961, 2963, 2967, 2009, 2975, 2077. Part2— Geo, Trowbridge, bag 5-4 Adjourned for the term. KR AGR. Wm. McCourt, Thos. Williams. ONLY SON OF WIDOW. ‘Wm. HB. Jones. ALIENS. John Quin, Archibald Johnson, Wm. Derbyshire. Risbridger, David. i Williams Wm. ‘ ‘Thoe, Keighran, Thos. Stewart, Thos, ris, Edward C, Koch, Jas. McGovern, Ed: Tiernan. REC. Furnished substitutes. The annual ression of the Diocesan Eplsoopal Conven- tion was opened at ten o'clock yestcrday morning in St. John’s chayel. The attendance was not so numerous as on previous occasions, Bishop Potter presided over the exercises. and among the clergy present were:—Bishop Fedell. of Ohio, Revs. Dr. Tyng, of Frooklyn: Dix, of New York; Brown. of Newburg: .McVickar, of Columbia College ; Purdy, of Hyde Park, Ac. ‘The exercises of the forenoon wore of a purely religious charac| Rev. Tyog preached the sermon, after which the communion was administered by Bishop Potter and bis assistants, Afteg a short recess an organization for businces was e |. and the Convention soon after adjourned to ten o'clock this morning. The Board adjourned at two P, M, until eleven to-day. Metancnony Sucom~e Cascvarry.—Coroner Wiidey beld ‘an ante-mortem examination yesterday, in the case of Peter Young, native of Germany, aged eighteen years, pow lying dangerousty iN) from the e‘ects of a pistol shot wound eee, Meares at the bands of Adolph THY SEVENTH DISTRICT. In this district Captain Wagner manages to find suf ciont business to keop him steadiiy at work. To him, Commissioner Baldwin, Mir. Rutherford, Recorder of the ‘and others, our reporter is under obligasions for | Kertz. under the following circumstances —Young was a ‘The business of yesterday foots up as follows: — segar maker, it appears, and was ja the employ of Kertz, oo 18 | at No. 1753 Division street. On Monday evening his em- ployer took a revelver out of a closet for the purpose of exhibiting it to some friends who had recently arrived from Germany. The pistol was loaded, and while it was being repiaced in cloret, it accidentally expioded, wounding Young in neck. Dr. Bonton made an ex- amination of tbe injury, and gave it as his opinion that the patient would not recover. The jury exoull — | Kertz, and the Coroner ordered his discharge. Young esnnase «0 © | lives at No. 22y avenue A, and is said to have s pigasiury. young man of excellent character. C. Miller, J. Mander, J. Dietz, John Miller, P. Seidel, D. Daxaur ov Jempixa yrom Ferny Boatr—Fata, Reevrr.— Plate, H. Grode, E. Roth, Geo. 'Bechteld, B. F. Wescott, W. Lackerling, M. Washburne, ©. Bourill, C. Galadey, @. Becker, 8. , J. Pettrich, Samuel J, Warte. UMSUITABLE AGB. ‘Wm. Hanell, 1. C. Patterson, W. Knowles, 8. Smith, C. Endors, Geo, Litting, C. Fiatz, Paul Frache. PAID COMMUTATION, F. Dreokl. M, Kapper, A. Wolf, Woiss, A. C. Sebill . Ay , . Brown, R. 'e Ce ‘Loapher ieceney! Edward Cheiton sends Wm. Smith, Theodore Vreeland OR DUTY. 3. . ©. Bird, M. J J. Rossel, David Walker, Louis Spats. ONLY 8ON OF AGED ranrT3. Joba Zeuzes. Daowsrxa Casvartt—Veapicr op Crxecre.—Coroner THE SIOHTH DISTRICT. Ropnay beld ap inquest at No, 524 Tenth avenue, ‘The business in thie district yeeterduy was principally re eter examining laine for exeription is becoming, 0 mall (bat lbs bee nies be compelled to adept ‘TRE NINTH DISTRICT. ‘The business done yesterday in the Ninth district was 8 tollows:— P. Mead, F. Geyer. Gian, @. Thiel, A. o. Sisimane k. Phang, B take, F. Ludwig, Thomas tardy and P. Hassinger. J. F, Pettigrew, F. 4. Day puitick. J. Nicholson, H Cutren, Be |. M. Mile RK. and M. Bas. B. Wright. UNSUTTARLE ace. P. Traphagen, H. Schneider, P. Anderson and & Al- ton, Jr ONLY fon OF G. J. Miller and P. Agnew. ALIENB P. Minoch. A. Douglass, Jr. fais pare G. Foster, G. M. Gono, "Bs ©. Parks, J. Kenny, A, PaiD COMMUTATION. MARRIAGES AND DEATHS. ‘ rried: Buss—Fowizn. —| Wednesday, feptem- ber 80, Oy the Tov. Cha Scltabinsmm, Geo. fi. Buse to Sanam ©., “dest daughter of the late Chas, C Fowler. ‘Gurdon Wednesday, September 30, Oo lo “A, - tor of william C. Harber, Faq. all of this city. No pag fey roe ge Medosesay, “September 80, Abruia A, Lirriatt, Alor Ben Kiyo id me Wiextxk—RucGtrs.— At Rochester, Mass.,on Movda} Sphlemher 2h By Revs, Ramin Lsonard, Tamax 4 ‘James Hugglon, of the egmeritess’? ee & Bivins. Dievennoce.—Avarsva DivvENn Om, wite of Conrat 126th street, between Second and ih & birth to Ubree male cpildren two weeks ‘bare now ail liwing. ® —On Sunday, September 27, the wife of Mr. O. H, Hoper, 29-schermerhorn sireet, Brooklyn, of a aon. Myers —On Tuesday morning, September 29, Mrs, AL- yRep Myens of a daughter. Died, Avsten.—/t bis late resi'erce, on Staten Island, on Monday, September 28, Davin Austen, in the 80th year of his age, His frienda and relatives are requested to attend the funeral, from Grace chorch, this (Thursday) morning, as ten o’cl ck, without further invitation Yn Wednesday morning, September 30, o'clock, Joun Evwarp Propenick, the beloved son and Mary Broderick, aged 2 years, 2 months The friends of the family, and those of bis grandfather, Thomas Brrgan, ore respectfully invited to attend the funeral, from the residence of hike parents, No. 246 West ‘Thirty-second street, this (Thursday) afternoon, at two ofolock Benrive.—At Warhington, Perer 0. Bertin, ogod 33 years aid 6 monthe, Notice of the funeral will be given hereafter. Rrexnan.—On Wedneaday, September 30, after a short ilneas. Cunerorixe BRENNAN, aged 75 years, ‘The friends of the family ‘are respectfully invited te attend the funeral, from hia late restence, No. 245 Went Forty-third street, on Friday afternoon, ot two o'clock, withont forther notice, Beacn.—'n Williamsburg, on Tues‘ay, September 29, after a linzering Mines, ALVina 8, Bmacit, eldest daughter of Fzra Benen, CLanK.—On Wednesday, Sentember 30, Jays Cra, of Company H, Sixty-ninth regiment, Irish Rrizade, The relatives and friends of tho family aro rospeottuny Invited to attend the funeral, this (Thursday) afternoon at two o'clock, from his late residence, No. 102 Fast Eleventh street, witkont further notice, Novaurrty.—On Wednesday, September 30, Dans Dovcreery, Is relatives and friends aro respectfully invited to at- tend the funeral, from his late residence, 188 Fast Twenty firth alrect, on Friday afternoon, at two o'clek. Duxrny.—On Wedneaday, September 20, of paralysi Euzanemt, widow of Richard Dunpby, in the 634 your ALO. Her friends are invited to attend the funeral, from 107 Greone atrect, on Friday afternoon, at two o'clock. New Orleans p»pers please covy. Mrake.—On Wednesday morning, September 30, Jomm James, sn. of Jonn and Johanna Drake, nged 8 years, 11 mo tha ond 22 dave, Tne remains will be taken to Calvary Comoter: ,from the sesideive of bis parents, N Souied Btreat, thia (Thureday) atternoo Ducaay.—Snddealy, on Tuesday, Sey disoare of the heart, Joun 8. Duccay, a pative of Ireland, 43 years. The friends and acquaintances of the family, and those of his brothers tn law, Fdward Burke and James ¢ aro resvectfully invited to attend the funer: (Thareday) afternoon, at two o'clock, from hit Aidence, 280 South First street, Williamsburg. Ixsnrow.—On Tuesday, September 29 nfter a short ilinces, which he bore with Christian fortitude and resig- pation, Winr1m Diswrow, in the 60th year of his age. Relatives and {riends aro respectfully invited to attend the funeral, at his tate resitence, No. 72 West Twenty- sixth street, this (Thursday) afternoon, at two o'clock, withont further notice. Epax.—On Woedneaday, September 30, Joux Moorm Enar, ged 13 years and 8 month, Fis romvire wil be taken to Calvary Cemetery this (Thursday) aftornoon, at two o'clock, trom the rexitenee of hig paronta The friends of the family are respectfully invited to attend, Firzcrrarp.—On Tueadsy, September 29, Micnant. Free gmat, a rative: of Kildime, county Limortek, yearn. ‘The relatives ard friends of the famity are resncetially invited to attend the funeral, this {Thur day) atte: Bo at halt-nrat two 0% » from” his inte residence, No. Bitge street. _ Fox.—On We 30, Mra. Samam A. 1. September Fick, witow of Engic |, age! T2 yours and 4 months. Her relatives nd acquaintances are rearectfully tovited to attend the funeral, on Friday afternoon, at two o'4 ° from her tate residence, No. 738 Kighth avenue, without further invitation. GRrosvrnon.—Suddenly, at Memphis, Tens.,on Monday September 7, Crantzs P. Grosvenor, atias F.C. Lawoven, formerly of Oneida county, N. Y., in the 89th year of bi ace, le ving a wie and three children im Oneida eounty, bd pha Louisville and St. LJ jemphis, M . Louls papers: a Fennec oh Port Cherter, on W nesdny, Gop tember 30, Saran M., wife of H. M. Hendorson, aged 26 oars, Sj fhe friends and reintives of the family are rospectfally invited t attend the funeral, at St. ['eter's church, ew Friday afternoon, at balf-pest one o'ctoek: Larnix.—n Tuerday, Septeneber 29, of apoplexy, Wsox Lannin. aged 33 years, a native of Ayrcort, ean- ty Galway Ireland. The fiiends of the family are respectfully invited to et. ove B. Lrwon.—On Tuesaday , Saptember 29, Manr, the beloved .vnch, in the 60th 5 The relatives and friends of the family aro invited to attend the funeral, from ber hte residence, oe ‘At Hoboken, mornio, GHERY.—, + 08 hs ewe Loughrey, aged 26 yours. The friends of the family are invited, without further at three o'clock, from St. Mary’s chureb, ’ LAWRENCR.—At Nyack, on Monday, September 28, aged 1 year, 7 months and 9 dayr, Menriy.—On Wedoenday, September 30. Mrs. Mancanae of Baltyhale, towntand of Ralivknock, county Ki kenny, Ireland, after a ‘Qnd tedious iMacss, which she bore ‘The friends of the tamily are imvited to attend the funeral. from her late residence, No. 248 Mott etrect, on tend the funeral, from bis late residence, No. 222 ave- ‘wito of Stephen I. ‘one of her Roosevelt street, this ¥) afternoon, at two ‘Tnesda: ber 29, Frias, the wife of Notice. to attend the funeral, this (Thursday) afternoun, Hobokea. Tuomas Rrver, infant som of A. R. and Susan Lawrence, Mvnvny, wife of Thoms Murphy, a natiweot the Jong ‘with Christian fortitude, aged 66 years. Friday afternoon, at balf.past one o’cleck. Moonv.—At No. 80 Eart Liroadway, Jamms Moors, from injuries received in getting off the cars in Brooklyn. The funeral will tuke place at two o'cloe® this day. Monsmaw —On Tuesday evening, September 29. OwEas Monanaw, fourth son of John (deceased) and Margaret Monahan, aged 23 years. The remains will be interred in Calvary Cemetery. Funeral services at the resitence of bis mother, this (Thursday) afternoon, at one o'clock. Merce. —On Welnosdsy m rnveg, September 30, at six o'clock, THowss Merracn, age 27 years. His remains will be token from bis late reeidence, No. 19 Bed ord street, this (i burnt) ) afternoon, at three o'clock, to Albany. Albany papers plexse copy. MiixR.—Op Weduceday afternoon, September 30, Many F., daughter of James A. and Jane A. Miller, aged @ years The funeral will take place from the residence of her grandmother, Mrs. M. Durand, 45 East Twenty-fourdh strect, this (Thursday) afternoon, at one o'clock. O’Kreve.—At St. Vincent's Hospital, Eloventh street, Baawann OK rere, aged 81 years. His friends aod acquaintances are respectfully invited to attend the \urera!, this (Thursday) morning, at half. Past nine o'clock, from St. Joseph's church, Sixth avenue, without (urther ‘avitation. Sen Francis papers please cony. Prauwe.—On Tuesday, September 20, at baif past tem o'clock P. M., Lieutenant Avreer G. Penne, of Company H, Fifty-secoud regiment, N. Y. 8. M., of typhoid fever, aged 26 years, 8 months and 9 days. ‘The friends of the fstuily and the members of the regiment and Hose Company No, 11 are respectfully in- vited to attend the funera!, from bi Pacific etreet, Pcakcaut’—On urd September 27, Frances On lay evening, fi Prana, widow of Thomas . Peareall, in the 86th year Edward Pearsall, are respectfully peral, this (Teereiay) oftervene, ey No. 3 Waveriey v \. Roomr.—On Wednesday, September 30, after a ane “painful iiiness, which be bore with Christian ‘wrlante and resignation, 'eren P. Rooms, in the 67th year of of Jeaoph J. Ritchie, aged 42 years. The relatives and friends are invited to atsend the fune ral, from her Cyt. to ‘West Thirteths street ,on Morning. ‘elnek. Bm , September 29, din, Bums Jann ier tolesives cod friends are respectfully invited to at. tend the funeral, from her late 20 Fase ‘Twelhth street, this (Thureday) 1 At One o'clooke. Secumen—-Sn Teletey Sopember ), MAgeanar TaTn~+ monn, im the 1#th year of ber age. The relatives and friends of the ‘wmily, apd ale her brother, Jobn, are Ny imwted to Rtend tho {une ral, this 1A (Re S'clork, from the reridence of in-lem, UG. Armstrong, 173 East Thirty fourth street. ‘Vom Bearcom. —On rere, morning, September 0, Locy Sutton, youngest child Aa A. Lincs avd Abbie Von mri nN