The New York Herald Newspaper, October 8, 1865, Page 8

Who is the Owner of the Piece ? Laura Keene and J. 8. Clarke Both Claimants. The Motion fer an Injunction against the Latter. Entoresting Argument in the Su- perior Court, DECISION OF JUDGE MONCRIEF. ‘Phe Order to Show Cause Dismissed and the Injunction Refused. &e. de. ac. Superior Court—Chambers, Before Hon. Judge Moncrief, GAURA KEENE VERSUS JOHN 8. CLARKE AND WIL- LIAM STUART. Tho promised hearing in this case, involving the question of the ownership of the far-famed comedy @ur American Cousin took place yesterday fore- moon at the chambers of the Superior Court, before Judge James Moncrief, The court room was crowded with interested spectators and listeners. The green. yoom seemed to be transferred from the theatres to the eourt room, which was illumined by the radiant counte- mances of several stars—big and little—in their several spheres; and nearly every department of the dramatic ‘world, from the manager down to the property man, and that useful individual, ‘the supe,” was represented by some individual during the argument before Judge MeCunn yesterday. Managers Stuart and Wheatley occupied seats near their counsel, Messrs, Edwin James and Thomas Dunphy. ‘Miss Laura Keene was not present; and those who came there with the expectation that that lady would make her appearance in the guise of an ordinary mortal, @ivested of stage trapping and flummery, were com- plied to go away disappointed. In the complaint of Miss Keene, which was pnb- Yished in the Herato of last Thursday, the main facts of this interesting squabble were supplied to the public, and it is therefore unnecessary to repeat them here. It will be sufficient to state that the litigation grows out of the performance at the Winter Garden theatre of Our American Cousin, which the plaintiff @laims is her sole and exclusive property. THE CASE FOR THE DEFENCE. Mr. Edwin James opened the argument on behalf of his clionts by briefly stating the circumstances of the ‘ease, which are already known to the public, and there- fore need not be eated, and then proceeded to read Pp the following affidavits as an answer to the complaint of Miss Laura Keene, published in last Thursday's Henao :— AFFIDAVIT OF MR. JOHN 8. CLARKE. State (f New York, city and county of New York, s8.:— John 8. Clarke, one of the above named defendants, being duly sworn, deposes and say ‘That he has read the complaint of the above named plaintiff in this case. ‘That he is a comedian by profession, and is now acting atthe Winter Garden Theatre in the drama of Our American Cousin. That the said drama of Our American Cousin was mot written and composed exclusively by Tom Taylor, in England, as alleged in the said complaint, but was int production of the said Tom Taylor and Joshua Sils- ‘an American actor of well known repute, he being, im the year 1851 or t the time the said play was written and composed, in England. ‘That the said drama or play, after it had been written, ‘was cast and rehearsed, in or about the year 1852, at the Adelphi theatre, London; and the manuscript of the said Play, and all the interest of the said Tom Taylor as one ‘of the authors or composers thereof, was about that time aasigned and sold by him to Mr. Benjamin Webster, the fo piper} of the said Adelphi theatre, in London, Eng- ; and the said Benjamin Webster became entitled to the said manuscript or play as actual owner of the said Play, manuscript and copyright thegeot. That the said Benjamin Webster Wid not publicly re- present the said play at his theatre in London, but after- wards, upon the application of the said Joshua Silsbee, assigned and transferred the said drama, manuscript and copyright to the said Joshua Silsbee, who was then in England, intending to play a part in the said play; and the said Joshua Silsbee paid a valuable consideration to the said Benjamin Webster for the same, and thereupon all the property and title of the said Benjamin Webster to the said manuscript, drama and copyright became vested in the said Joshua Silsbee, and the said in Webster at the same time delivered to the said Joshua Silsbee the original manuscript of the play of Our American Cousin, who brought the same with him to this country, the ‘said Joshua Silsbee intending to re- Present the said play publicly in this country and to play Isbee died in California in the his death was the owner said manuscript play and of all onging, and bequeathed the same, with personal estate, w his widow, Mrs. Martha with William Chapman, » month of October, 1858, and mmenced the pro- rt for the Ew to in this complaix aid play to be pub od and vialuat ideration ‘illiam Wheatley, who was That this d-pone Defore the p c5oed ly 4, fora paid by this deponent then « partner with thir deponent in conducting the Ar Strect theatre, Philadelphia, granted and gave to this di nent full right and leense to play and represent the drama at heatre and in the United States ; Martha Silsbee then delivered to ths deponent and his said partner the original manuscript of the said play as written and composed by the said rom Taylor and Joshua Silsbee in En 1, and deposited with them such manuseript, and whieh ‘suid manuseript is now in the possession. of this deponent, and will be p duced by this deponent on the trial of this canse. That this manuscript exbibits the original cast of chara ters at the Adelphi theatre in Loudon, a8 made preparavory to representing the play there, where it was Fehearved and announced, but afterwards withdrawn. That this deponent wholly and emphatwally denies that on the 26h of September, 185%, or the 6th of November, 1654, or at any period subsequent to the year 1852, the said Tom Taylor was the owner or pro- pristor of the said drama of Our American Cousin, or any legal right or power to assign or transfer the said manuscript or drama with the right to Fepresent the same to the plaintiff or to any other per gon ; but, on the contrary, thie d-eponent states that the said Tom Taylor bad absolu transferred for a good and valuable consideration all his riglt, title and interest ‘of every kind without reservation, as before mentione and that if the said Tor Taylor did make any su eesignment or transfer or dispositionof the said drama wo plaintiff as alleged in her complaint such transac tion was wholly illegal and void against a prior vendee and his assigns for a valuable consides That this deponent is now acting fu part of Asa Trenchard in the drama of “Our American’ Cousin” at the Winter Garden theatre, in this city, and that the said play is represented, and all the parte nd language of the said play are cast and taken and acted from the said original manuscript so purchased by this deponent from the said Martha Silsbee, but that this deponent has ma many alterations and amendments in the situations and Janguage and @tage effects in the said drama entirely his own. * ‘That thie 4 nt denies that he has ever obtained or procured a of the manuscript of the said comedy, alleged by the plaintiff to belong to her, from a surrepti tious source, abalioged in the complaint of the plaintift; her by himself or in conjunction with wi thout the authority, con- jauptit, that he has by ical ‘and mformations given r ra plaintiff produced ed in the complaint the said play, with and additions be olly and entirely represented and vanuseript, of which this deponent is acted from thy owner, and yot from any manuscript to which the pI tie. That Mr. Joseph J ard in the said play of Our American Cousin at the theatre of the plamniiff, and justly established @ great reputation by the performance of that character, and in the course of such performanco, by his tact and ability, imtroduced certain original language of his own when he 80 Fepresented jt, to mnke the said charactor In bis judg- ment more atiractive, but that euch janguage was not in any way, directly or indi production of the aid Tom Taylor, nor in y tly or indirectly, in the manuscript of the said play, which the plaintiff alleges she purchased from the said Tom Taylor, nor in any. way surreptitiously obtained by this deponent; but, on the contrary, the said Mr. Joseph Jefferson, being on terme of intimacy with this deponent after this deponent had purchased the manuscript from the sald Mart bee, as aforesaid, communicated the langu: nee, which were not in any way the property of the plaintiff, nor part of the manuscript so purchased by her. That it is @ usual —_ among actors who are upon terme of intimacy with each other to communicate addi- tione and improvements, both in the language and busi- mena, made by them fm enacting plays, to each other for the purpose Of adoption and use upon the stage, and this d ponent hag himself made communications of the rame Kind to Mr. Josepb Jefferson for the same purpore, there ‘being a reciprocal feeling upon such subjects between mero! of the theatrical profession. ‘That it ig true thet the vlaintiff agpijed jn the Circuit anuscript or copy of any inti? claims any right or ‘son acted the part of Asa Trench. wee re and once, and this CA ponent has himself acted the of Asa Trenchard, in End play, im the cities of ‘hiiadelphis, Baltimore and Ui on many occasions. That rod avn, hag ‘also boen acted comments and frequently at various theatres in London, and in dif it cities in from the year 1860 down to the present period. ‘That the said plaintiff hae never from the date that the a ee to the plai B asserted an’ ht of ownership 01 Dla, ot fterferedin any way to prevent the ating and be readers a es: e was aD of ia Bworn to before me this 6th day of October, 1865. ‘Rovr. M. Laxs, Notary Public, New York county. AFFIDAVIT OF MANAGER STUART. © |New Fo William Bi ay tee Eg tre, in the city of York, that itis true, as stated came into his ‘That this deponent, in causing the said play of Our American Couisin to be represented at his theatre, has in no way adopted or used any manuscript alleged to be the property of the plaintiff, or borrowed any portions of such manuecript, or copied any representation used by the plaintiff in her representation of the said drama of Our American Cousin at her theatre in New York or elsewhere, but has solely used the manuscript belonging to the said John 3, Clarke for the purpose of representa- tion. That he has read the complaint of the above named plaintif, in which she states that she obtained an assign- ment and transfer on or about the 29th day of September, 1858, of the comedy or dramatic composition called at various times Our Cousin from the Backwoods, Our Country Cousin, and Our American Cousin, and the manuscript thereof, and this deponent says that he has not seen, nor is he acquainted in any way with the said manuscript #0 assigned by the said Tom Taylor to the plaintiff. But he states, and will be prepared to prove ‘on the trial of this case, that the said drama of Our American Cousin during’ the last five years has been played and represented at various theatres in many ot the large cities of the United States, and among others in Philadelphia, Baltimore, Washington and Boston, without any interference or any assertion on the part of the plaintiff of any right or property in the said drama. This deponent farther states that he has read a para- graph in the affidavit made by William F. Brough, which States “That the said defendant, Stuart, is wholly insolv- ent, as deponent is informed and believes,’’ and this deponent says that such statement by the said William F, Brough js false and untrue; and that he has ample means to satisfy and discharge any claim which the Plaintiff can Jegally establish against him. W. STUART. Sworn to before me this 6th day of October, 1865. Rout, M. Lake, Notary Public, New York county. AFFIDAVIT OF MANAGER WHEATLEY. State of New York, City and County of New York, ss.— William Wheatley, lessee and manager of Niblo’s Garden, deposes that he was lessee with Mr. John &. Glarke of the Arch Street theatre, Philadelphia, in the fall of the year 1858, the period at which Our American Cousin was produced, there, and Miss Laura Keene applied for an injunction to restrain the performance thereof. That the copy from which said play was ed by this deponent and the defendant, John S. Clarke, was purchased by him and said Johu 8. Clarke from Mrs, Silsbee, the widow of Joshua Silsbee, the celebrated representative of Yankee characters, who he believes to have been joint author with Tom Taylor of said piece of Our American Cousin, and to have contributed most of the elements of its success. That the Court refused such injunction applied for by Miss Laura Keene, on the ground that she had no copy- right therein, but stated in addition that it considered Miss Keene entitled to compensation for certain addi- tions, or ‘‘gags,’” which had been introduced by actors in her employmont at the time. That in pursuance of this decision said William Wheat- ley and John 8. Clarke paid to Miss Keene the sum of five hundred dollars, and thereby obtained the right to dig said eomedy without limitation or restriction m that date. That the Court also decreed, that the plaintiff should grant a license under her bi and seal, accompanied with a fairly written copy of the said comedy. That although the said sum of five hundred dollars was paid by this deponent and Jobn S. Clarke to the plaintiff, in compliance with the decree or suggestion of the Court, the plaintiff has never delivered to this de. ponent, or the said John 8. Clarke, such manuscript copy. That since such arrangement was made the said play has been represented and acted in all the largo cities of the United States for the last se’ years without any claim or assertion on the part of the plaintiff of any right of ownership or property there'n. W. WHEA’ . Sworn to before me this 6th day of October, 1865. ‘Wx. H. Post, Netary Public, New York city and county, 661 and 563 Broadway. After reading these affidavits and making running comments thereon, Mr. James submitted the following reasons why the injunction should not be granted :— Firs'—The plaintiff has not established her title to the ownership of the play, the defendants assert a prior title, and this issue should be tried by a jury before the in- junction should be granted, The right of the plaintift is only supported by her own complaint, and contradicted by the affidavits of the defendants and others. Second—Any injury alleged to be sustained by the plaintiff is susceptible of pecuniary compensation, and upon tia pete iple the injunction should not pe gated. Third—The defendants are prepared to try an isbuc as to the right to the property in the play. Fourth—The defendants show clearly by their affidavits ‘that the plaintiff, in consideration of five hundred dollars paid to plaintiff in 1859, sanctioned and authorrzed the performance by the defendants of the play. Fifh—The defendants show clearly by their affidavits that sinee that arrangement the defendants have acted the pla: nstantly in various cities of the United States for above five yeara, and in order to sustain an injunction for an irreparable injury plaintiff ought not to be guilty of any laches. Sith—This action being brought in a State court, the plaintif can only claim either as author or assignee of the author, and must have the exclusive right of the pro- perty in the play. This it is clear she has not; for the affl- davits show that the play has beeg acted constantly in England, under leave and license from the author under whom she claims. Seventh—Under the law of this State the anthor is only entitled to an injunction to restrain the publication of his works or plays. After publication his remedy is under the Copyright act of the United States. ighth—In the United States an author has no exclu- sive property in a published work except under some act of Congress; it docs not exist at common law. Nénth—In this case there has been publication by the play being represented and publicly acted in the United States for more than five years before the lication for this injunction. The remedy of the plaintiff, therefore, if any, exists not at common law, but solely under the Copy- right statntes passed oy, Congress. Tewh—The plainti ving po right at common law, from not having the exclusive property in the play, an applying for this injunction after publication for five years, her remedy is under the acts of Congress alone, a ¢ has no common law right which she can enforce in a State court, and this court, therefore, has no juria- diction gg premises. No injunction, therefore, should c mth—The plaintiff having applied for an injunc- tlon against the defendant Clnrke in the Circuit hours of the United States for the Eastern district of Pennayl- vania, and that court having decreed that the defend- ants were, for a pecun! compensation, to have a license, under her hand and seal, to authorize and enable them to represent the said play for the future, without restriction or limitation, and the defendants having in compliance With such decree paid to the plaintiff the sum $500, which was accepted by her, such decree and its terme are binding forever upon the plaintiff, ARGUMENT FOR THE PLAINTIFF. Mr. Booth, who appeared for Miss Keene, in connec- tion with Mr. John B, Macgregor, followed Mr. James jn @ very learned and able argument. He asked for the in- Junction, he said, on the very affidavits read by the de- fendants’ counsel. By those affidavits he contended that it appeared that the play now sought to be performed by the defendants was the identical one which had been performed in Philadelphia, and which they claimed to have purchased from Mrs, Silsbee, No new facts were set up in the answer different from those that had come up and been passed upon in the actions instituted in the city Of Philadelphia, and the defendants were now en- deavoring to establish before the Superior Court of New York their title to a play the ownership of which had already been declared in a legal form by the courts in Philadelphia. He claimed that the whole matter was a res adjudicaa, The Court remarked that there was difference in the cases as brought up in Philadelphia and New York. In the present instance the defendant claimed an owner. ship of the play, and every material allegation set up in the complaint was specifically denied in the answer, It was a Well gettied rule in the courts of thie State that under such circumstancee no mjunction should be granted, Mr. Booth explained that the question of ownership had been passed upon in the legal proceedings at Philadelphia. The Court said nothing of that kind appeared in the morning papers, and the case could onlyrbe tried on the affidavits before the court. Mr. Booth contended that he could read the opinion of Judge Cadwallader, of Pennsylvania, and the decree of the court at that time as mattors of legal record, which might be presented and be entitied to the samo weight as affidavita, e Court remarked that it knew of no authority by which such recorde could be received in the present pro- ceedit oth then argued that his application fos an In- NEW YORK’ HERALD, SUNDAY, UUTUBK .8, 1865. .. : i a Fete Ps with an injunction to restrain them whenever they at- tempted to produce the play in question, This was the ime, he believed, an atiempt had been made Judge great difficolty under which the plaintiff labored was that in the former the evidence was before the Court. Here Coe decree is mot against the same partics. The of erry property, That tack is deuled” by & deena Tih univer ale x that when th tis where an. has been granted it must be dis- solved, He was therefore of the opinion, under all the circu) that the order to show cause should be discharged the application for an injunction refused, without prejudice, however, to the plaintiff moving here- after on other affidavits, Mr. Booth hoped the Court would allow the motion to stand ver, in order to afford him an opportunity to include the material facts in the Philadelphia legal pro- ceedings in an affidavit. Mr. James had no objection to the Court reading the elaborate opinion of Judge Cadwallader, which was most instructive and interesting, commencing almost as far back as the flood; but he trusted that lis Honor would pronounce an immediate decision in this case. There is ‘no pretence for this application. He did not believe that it emanated from the lady whose name is used, No claim was ever made upon Mr. Stuart before a card, pur- nous to be written by her, appeared in the New York eRALD, Mr, Stuart, as’ all who know him will admit, would have ’ treated any application by Miss ’Keene with courtesy and liberality. No, @ coarse, malignant, vulgar libel has been printed and circulated under the name of John Lutz, said to be the husband of this lady, attacking with cruel and cowardly allusions to an event which has clouded all his life and cast a gloom over his spirit, which nothing but the gener- ous sympathy of the public can ever dispel or alleviate— atl ing Edwin Booth, a gentleman who has no interest or concern or taken any part im this transaction. [The counsel here displayed to the Court the following letters of Mr. Lutz.) JOHN 8. LUTZ TO J. 8. CLARKE, OF WINTER GAR- DEN, NEW YORK. PirrssurG Turatre, Sept. 28, 1865, J. 8, CLARKE:— Sir—l frinahlyd the Heratp of this day that you have underlined to play Our American Cousin at the Winter Garden. It is the propery of Laura Keene, which you are fully aware of. Sho has refused to sell the play to be performed in New York city, as it was her determination at some future day to produce it herself in New York. In a speech hae made recently at the Winter Garden you said you had endeavored to fulfil the duties of a ‘good citizen.’ Allow me to say you have a bad way of showing it, if you steal the property of a woman, which is not far trom shooting a man behind his back, and I Lie Sabag y oe anne) as the other. ae Cond your 7 , may think it right to do either. ‘As he is associated with you in the Winte? Garden I take it for granted you have consulted him before you would Ishall advise Laura Keene you and Booth, and at the same time publish you for having stolen her property. This is all a ‘woman can do. I am # man and can defend myself in a manly mann JOHN S. LUTZ, Metropolitan Hotel, New York. a THE NOTICE SENT BY MISS KEENE’S LAWYERS. — Cranks & Stuart, Managers of Winter Garden entre :— Gexttemex—Our American Cousin is advertised to ' be performed this evening at your theatre (Winter Gar- den). Mise Laura Keene, as the owner of the play, instructs us to lege =e that any performance of it without her consent will an infringement of her rights in regard Sal Peter we = oe “= reso to Fag pone ings for any such infringement. Yours, &., BERRIEN & MA me oles Attorneys, &c., 388 Broome street, New York. Metrorourtan Horst, New Yorx, Oct. 2, 1865. W. Stuart, Esq:—Sir—I presume you received no- tice from the lawyers Berrien & Macgregor, corner of Broome street and Bowery, that Dy gee you Saturday, pling sf rn ea will held responsible, as well a8 an » by yo 4 99" SOHN 8. LUTZ. N. B.—I can be found at the office of Berrien & Macgregor to-day. LUIZ. This is the motive for this proceeding, and he deeply regretted that the name of a lady should be degraded for such @ purpose. Judge Moncrief repeated his former decision against bend order to show cause and the application for an in- junction. ‘The spectators immediately withdrew, followed soon after by the counsel and the parties to the action. It is understood that further efforts will be made by Miss Keene’s friends to vindicate her right and claim to Our American Cousin. THE FENIANS. Facts About the Fenians, by One Who Knows Them. Under this heading the Liverpool Journal publishes the following statements :— ‘The Fenians are the topic of the day. They monopo- lize the attention of the London editors, and are the par- ticular pets of ‘the papers. Irish correspondents shroud them m moonlight mystery, and would lead one to belleve they are a species of invisible green conspira- tors, Some people call them fools, some designate them madmen, and a great many believe there is some method in their madness. Some doubt their existence alto. gether, some believe in them, and can give a rehearsal of some misadventure in the moonshine to sustain the story of their credulity. Every dog has his day, and the Fenians are certainly having their full share of the day. light. Who or what are they? oniGr The Fenian Brotherhood, we are told, is an entirely Irish-American organization. It {s no new institution, for it has been in existence for the past eight years, Its founders were two of the Irish exiles of 1848, Colonel John O'Mahony and Michael Doheny, the latter one of the most talented and dangerous members of the Young Ireland party and a fervent admirer of John Mitchel. In conjunction with them was the late General Corcoran, of the United States Army. THE FOUNDER. O'Mahony was totally unconnected with the Young Ireland movement till the year 1843, He is the present representative of one of the oldest and most respected families in_ Munster, possessing estates in the county of Tipperary, and at the time of Mr. Smith O’Bnen’s fiasco was a mere youth. Youth ag he was, however, he had influence enough to gather around bim about fifteen hundred of the tg who encamped on the Tipperary hills, and maintained their posi- tion for three weeks, till, being completely surrounded by the military, the futility of further resistance became ‘apparent, and they quietly dispersed. O'Mahony and some of his friends, among them a youth named Savage, who has since made himself known as an Irish-American literateur, made their escape to France, where, ’tis said, the plans for the future revolutionary organization were formed. After some years’ residence in France 0'Ma- hony migrated to America, where, in conjunction with Corcoran and Doheny, he set the Fenian Brotherhood afloat. In itsearly days the Fenian Brotherhood differed much from its present form of existence. It was at first & eemi-secret association; its meetings were secret, and though ite chief officers’ were publicly known as 8 the operations of the brotherhood were hidden from t) public view. Originally numbering perhaps a score progressed so rapidly among the Irish in @ few short years , ranking as its mem- itim and bers Irithmen 4 The Irish are certainly good haters, and would have charmed the heart of Dr. Johneon. They. hate the English in Ireland, and do not learn the art of lovinj them abroad. To this detestation of everything English the Fenian organization owes the number and influence it has attained under the guidance pf Colonel O'Mahony. For five years or more the brotherhood maintained ite semi-secret character, rapidly spreading its ramifications through every State of the American Unton and through Canada and British provinces, A regular system of communica! wag inaintained by all the branches with the Head Centre, O'Mahony, to whom was committed the despotic rule of the vast fraternity. BARLY DIFFICULTIES. The brotherhood had its assailants, A portion of the Catholic clergy of America at first opposed its operations; rome were its virulent dpnouncers, while some ardently espoused its cause, But in America it is notorious that clergy of whatever denomination have Jittle or no politi- cal jufluence with their congregations, CHANGE OF BASR. Three years ago the Fenian organization assumed a new character. A grand national convention of dele- gates from the various branches of the brotherhood was called and met at Chicago, The delegates assembled to the number of two hundred or thereabouts; they re- formed the constitution of the erganization and boldly avowed its purpose and the means relied upon for its attainment. ‘The objection which was urged by the clerical oppo- nents of the movement was removed, and the brother. hood became thenceforth an open organization. The members were endowed with power to elect their officers, the head centreship tteelf, was declared an pera | Sa the organization was divided into States, each State o' the Union having its chief centre, who is called Stato Centre, and means were taken to assure the furtherance of their, one object. Since that time the Fenian movement bas epread more rapidly than before, and itis now, perhaps, saying much less than the fact to state tte num! at not lees than three hundred thou- sand members. Each member pays a dollar as his en- trance fea and subacribes, in 9 arent many instances, tho, game amount weekly to the funds of organization. hare 2 chonse of uw the viel seceetaof the body, sepeblican government THE CINCINNATI CONVENTION, Another “Grand Convention” was held in January of this year, at Cincinnati, attended by some three hundred the British from Ireland. American with all the and cou! tive assembly. ‘#0 much vention, however, has been divi th fl : i i = 2 & ! zi $8 5. : a § i i 5 i £ z i é iH : cultured mind, chivalrous nature, tion of character. No one speaks or ® word de- ‘america be is Wollaed, while by the disadected foremost in the F meeting of the brotherhood, the ity of indispensables to the revolutionary element in Ireland is earnestly impressed upon the brethren. Money ond war material are freely subscril and 80 great is the ardor manife in this portion of the Fenian 8 that in two months from its foundation the Fenian sisterhood alone returned upwards of £200,000 sterling to the Feni- an exchequer for the purpose of supplying arms. State organizers visit each branch regu! , lecturing and ac- uiring funds for the same porpene. Monster picnics, y fairs, balls, concerts and fétes are constantly being held in each State of the Union, the proceeds of which are avowedly for revolutionary purposes. Nor do they confine their operations to the mere supplying of arms. A fleet of privateers is one of the possibilities of their hilosophy. They acknowledge the superiority of Eng- d on the seas, and deem it necessary to meet her on her favorite element. They even aspire to the dignity of iron-clads, Not very long ago the Head Centre of their organization proclaimed an expectation, in which he feels assured there is little chance of his being disappointed, that President Johnson will give to the Trish the same facilities for pone material of war which the Confederates obtained in England, and that Treland would be recognized as a belligerent by tho American government; and the New York press are not slow to favor this Fenian notion. There are many men of undoubted standing at preeene in the drganization. The state Centres are, for the most part, wealthy Irish merchants; many Catholic Co free are in its ranki and not very long ago a General McGroarty, President the Fenian Military Council, went arm’ in arm with Father Wigelt, the rior of the Jesuits, to heada Fenian procession ‘ashington. General Meagher is one of its members, and the late General Smith, of the United States Army, whose death was recorded by the ‘American papers with strong expressions of regret, was at the time of his death a member of the Fenian Central Council. Nearly every Insh officer and every Irish sol- dier, with scarcely an exception, are members of the or- f pomiyecetrall and it is no secretthat many United Ctates tors and government officials are its avowed friends. MYSTERIOUS CHARACTER OF THE ORGANIZATION IN IRELAND. In the United States there is little room for doubting that the Fenian Brotherhood has attained formidable dimensions. The only question is, has it been success- fol in Ireland? Asa matter of fact the Fenian Brother- hood does not exist in Ireland at all. Nevertheless it is not denied that the Fenians base much of their hopes in the success of their desperate enterprise on the existence of some torm of revolutionary organization in Ireland. It is not denied that the Irish organization is a secret one, to which the American society isan auxiliary. The Ameri- can leaders avow that the Irish revolutionists at home have done their share of the work, and only wait the supplies berms d the American mopathi- zers. That the Irish organization has a widely I er existence is manifest enough by the displays with the details of which every day’s newspapers are filled; yet it is a singular and conclusive evidence of the completeness the Irish organization, that prided gent San fo veins Paha lh apag four years on charges of being members, or atlemptin, ‘make members of the j, in not one ey the government been able (o procure evidence of the guilt of the parties. The workings of the Irish Society are as impenetrable as the of the Greck Heteriss, who by their secret associations delivered Greece from the Sultan’s rule. Certain it is, however, that the American Fenians receive constant 8 of the progress of their friends iu Ireland. The I ization is known by them as the I. R. B., and its invisible chief is the acknowledged head of the entire movement. It was in response to the demand of this ‘great unknown’’ that the call of five dollars per head was decreed at the last Fenian convéntion. No one knows who he is, or where he is, but all believe in his existence. It cannot be said that, at least as far as the Irish revolutionists are concernedy “‘a little gyudon a dangerous thing.’ The want of knowledge seems 1 great safeguard. In the United Irish conspiracy informer was at work al- most from the beginning, and the victims convicted and nished for complicity were legion, bus this present or- Seusaiion enime eapenerredia, eanre FENIANISM A SERIOUS FACT AFTER ALL. It is easy enough to see the ridiculous side of all these known details of Irish conspiracy, but it exists as a serious fact for all that. What tt may become, how it will end, who can Who Were the Fenians? Irish tradition says that the Fenians were an ancient militia or standing army, employed only on home ser- vice for protecting the coasts from invasion. Each of the four provinces, says the tradition, bad its band; that of Leinster, to which Fionn and hi family belonged, being calle’ the Clanpa Baoisgne. This militia is said to have been paid by the king, billeted on the people in the winter, but to have lived ig the summer by the chase; and these are supposed to Have been the qualifications of a Fenian:—Every soldier was required to swear: that, without regard to her fortuno, he would choose a wife for her virtue, her courtesy and her good manners; that he would never offer violence to a woman ; that as far as he could he would relieve the poor; and that he would not refuse to fight nine men of any other nation. No person could be received into the service unless his father and mother, and all his relatives, gave security that none of them should revenge his death upon the porzon who might slay him, but that they would leave the matter to his fellow soldiers. The youth himself must be well acquainted with the twelve books of poetry, and be able to compose verses, He must be a perfect master of defence; to prove this he was placed ina field of sedge reaching up to his knees, having in his hands a target and a hazel stick as long as @ man’s arm. Nine experienced soldiers, from a distance of nine ridges of land, were to hurl their spears at him at once; if he was unhurt he was admitied, but if wounded he was sent olf with a reproach. He must also run well and defend himself when in fight; to try his activity he was made to run through a wood, having a start of @ tree’s breadth, the whole of the Fenians pursuing bim; if he was over- taken or wounded in the wood he was refused, as too sluggish and unskilful to fight with honor among such valiant troops. Also, he must havea strong arm, and be abl hold his weapon steadily. Also, when he ran through a wood in chase his hair should not come unti if it did he was rejected, He must be so swift and light of foot as not to break a rotten stick by standing upon it in able also to leap over a tree as high as forehead, and to stoop under a tree that was lower than bis knees. Without stopping or lessening his he must be able to draw a thorn out of his foot. nally, he must take an = of a 3 ae Rev. Soe Reeene who wrote a history in in the year gravely says:— ‘So long as these terms of admission were exactly insisted upon the militia of Ireland were an invincible defence to their country anda terror to rebels at hom and enemies abroad.’ "Goll MacMorna had slain Fiont father Cumhaill in battle, and was Fionn’s enemy in early life. Afterwards he made a with _ and 4° ships him as ee nna 4 ‘enians. But the supremacy Clanna Bpangne to feuds, and at last Fionn and his clan, defying the throne itself, were attacked by allthe forces of Erin except those of the King of Munster, who took him, and suffered carnage in that battle of Gabhra wherein Oisin’s son Oscar and the King Cairbré fell by each other's hands. Fionn, absent, arrived only in time to close his grandson’s eyes, and after this defeat peace had no sweets for him and war no triumphs. Fionn died at last, it is said, by the Jance of an assassin. It is notice. able, hewever, that the Fenians were not confined to Erin. In the ancient poem on the battle of Gabhra we read of ‘the bands of the Fians of Alban,’’ Alban being the old name of Scotland north of the Firth of Forth and Clyde, “and the supreme king of Breatan,’’ Breatan being southern Scotland, of which Dunbreaton, now Dun' , was the chief seat, “belonging to the order of Feinne of Alban;” and also that “the Fians of Loc! Jan were powerful.”’ Now Lochlan was an ancient name for Germany north of the Rhine; but when the Nor- wegian and Danish pirates appeared in the ninth century they were called Lochlanaels, and the name of Lochlan was transferred to Norway and Denmark. It has been argued from this that the Fenians were not @ militia of Gaels, but that they were a,distinct Celtic race, connected with the only two races who are spoken of as having come in oldest time from Lochian, namely, the Tuatha de Danann and the Cruithne. These aro thought to have been some of the Celts who preceded the Ger- Manic peoples now occupying the north German ehore and Scandinavia. —Morley’s ‘Writers Before Chaucer.” Fenian Movements in Live He [Liverpool correspondence of the London Post, Sept. 23.1 Agitation is still rife in Liverpool in spite of the vigt- lance of the police, and both drilis and meetings for dis- cussion are conducted with comparative freedom. Dur- ing the present week a numerous meeting has been held. It was-attended not alone by men of the lower ranks, but by some persons of considerable means. At this meeting resolutions were adopted to support the Fenian objecta and organization, both by money and also by physical aid if necessary. The question was also dis- cursed of the purchase of vessels and tho formation of an armament for privatecring purposes; and the idea of ‘ying upon British commerce at sea appeared to be cenjy relished, A resolution to carry out an object of i F i i if 3 } i z F it : | | i i | tl | =e pt canvass of both the volunteer and rees in order to discover recreants. i al 5g Fé i 23 4 4 Ff 5 | money the whole nailed by Joined at Queenstown by a delegate from Dublin. It is stated that both Sir K. Peel and Sir George Grey were apprised months ago of some startling features of tho but that the information was regarded as too Fenians in Massachusetts. [From the Boston Traveller, Oct. 2.} The Chicago 7ritune estimates the number of Fenians in Boston at three hundred, which proves that the writer knows little about the Order, whose whole strength in this country he says is only about ten thousand. ere are in this city alone nearly three thousand, and we think more than ten thousand in Massachusetts. —————LE EE SHIPPING NEWS. ALMANAC FOR New YORE—TaI! 08 | moon Kists. 633! mcm wate Port of New York, October 7, 1865. eve 8 38 @LEARED. hip Etna (Br), McGuigan, Liverpool via Queens- Steamship Britannia = i aintgtsliip Britannia (Br), Campbell, Glasgow—F Macdon. Steamship Liberty, Wilson, Havana—Hargous & Co. eptcamsbip Gen ‘Sherman, Pendleton, Galveston—J W Ww 0. Steamship Star of the Union, Blanchard, New Orleans—H B Cromwell & Co. ahigamship Morning Star, Nelson, New Orleans—Jamos or. Steamship Rapidan, McCollum, Mobile—Livingston, Fox & 0. Steamship Linda, Theobal - ship Linda, Theobald, Key West West and Apalach! 4 fenmatup America, Lindt, Savannah—Wakeman, Gookin Dickinson. Steamship Raleigh, Walker. Savannah—Livingston, Fox & . Steamship Chase, Roath, Savannab—Lewis L Jones. a * U. - ston, Foro. “4 vans a Be ed Carolina, Phillips, Beaufort, NC—Murray & phew, imship El Cid, Hobart, Newbern, NC—C Goods} Steamship Yazoo, Couch, Norfolk and Richmond- KGteamehip Hatteras, Parrish, Norfolk, City Point and mship Hatt a, Parrish, jorfot Ht int ane Richmond—Livingston, Fox & Co. Steamship Kingfisher, Fish, Bal timore—J B Smull, Steamship Carroll, Lennan, Baltimore—C W Perveil. Steamship Franconia, Sherwood, Portland—i B Crom- well & Co. Steamship Wyandotte, Clark, Boston—Whitney & Hatha- "Ship Ellen Austin, French, Liverpool. Ship Fanama, Hanson, Gaiveston—Hennings & Gosling. Bark M W Brett, Thurlow, St Pierre, Mari—Brett, Son & Co. mg Helen Augusta (Br), Cutts, Port au Prince—R Mur- a Trial (Br), H Algoa Bay and Desolation Pe vy No dt da Brig Orion (Nor), Holton, Penarth Roads for onders— Holm! & Co. Brig Ebe (Sicil). Lakapsa, Malta—Slocovich, Agresta, Smith m Briel iri (Br), Simmons, Gibraltar—Gordon, Bruce & Me- Brig Emma Dean (Br), Kane, Matamoros—Smith & Dun- "ig Village Belle (Br), Case, Hallfax—D R Dewolf & Co. Brig Hydee, Harrianay, Boston’ Walsh & Carver Schr Georgiana (Br), Foster, Nassau—J C Rabming. Schr Meteor (Br), Dunscomb. Bermuda—McColl & Frith. aight Flying Cloud (Br), Melntyre, Charlottetown, PEI—C ‘Trumbu Schr Lewisville (Br), Taylor, Moncton, NB—P I Nevius & Schr Empress (Br), Outhouse, Sackville, NB—P I Nevius Schr G RC (Br), Benker, Halifax, N8—D R Dewolf & Co. Schr Amelia (Bri, Pickett, Amherst, NS. Schr A Seaman (Br), Tower, Joggins, NS—J F Whitney & Schr DB Warner, Smith, Mobile—1 B Gager. Schr Richard Hill, Hulse, Key West and Tampa Bay—N L McCready & Co. Schr Hermann, Wallace, Bayport, Fla Faber. Schr Elk, Allen Port Royal W Lewin & Co, Schr Rainbow. Horton, Beaufort—Thomas & Holmes, Schr M E Turner, Camp, Petergburg—C H. Schr Martha, Josey, Portemonth, Va—J W McKee. Schr E J Duncan, Carter, Hog Island, Va—Munro & Par- Schr Granite State, Hallett, Boston—S W Lewis & Co. Schr Whistler, Presby, Taunton. Schr Laura Frances, Higgins, Fall River-—W 8 Brown & Do. Schr C St John, DeHart, New Haven, Schr Bellona, Hallimer, Bridgeport—it 8 Rackett & Son, Sloop P Ward, Martin, Norfolk, Va, Sloop Oregon, Rhodes, Providence—G N Stranahan, Sloop R Smith, Lucas, Providence—G N Stranahan. Steamer G H Stout, Borden, Washington, Steamer J R Thompson, McKaig, Baltimore. Steamer Pierrepont, Shropshire, Baltimore, ARRIVED Steamship Thos A Scott (U 8 transport), DeHart, Dry Tor- tugaty II days, via Key West and Fort Royal, with troops, to US Quartermaster, 5th inst, north of Hatteras, machinery Vecamne disordered, obliging ship to lay to for x ‘hours; 6th, during a strong blow from N to NNW, put into Delawar Breakwater. Steamship Falcon, Aldrich, Baltimore, 38 houra, with mdse, tod B Smull. Ship Gorilla, Colefield, of and from Liverpool. 44 days, with coal, to Williains & Guicn, Oct 2, lat 40, 58, lon 66 64, spoke ship’ Albacore (Br), from Barbadde for Liverpool. fark Trovatore, Carver, Zaza, 25 days, with molasses, to JE Ward & Co. ‘Sept 23, fell in with scht Joxepha, of Kings- ton, Ja, from Grand Cayman for New York, in'a sinking condition, having three feet water in the hold; took off the captain ahd crew, and brought them to this port. rig Fashion, Larkins, Aux Cayes, 18 days, with logwood and coffee, to Brett, Son’ & Co. G F Peniston, McCulloch, Turks Islands, 16 days, with #Heine- salt, to G F Peniston. Brig Wm Henry, Blanchard, Long Island, Bahamas, 15 #, With salt and'wool, to Woodruff & Robinson. Is bound “Oiiig Koonce (Br), Burford, Glace Bay, 14 days, with cont ‘00000 (Br), But 1 w tol E Greene & Ci : phage Schr Louisa (Br), Wood, Lingan, 11 days, with coal, to Miler & Houghton. Schr Mary Kelly, Reid, Lingan, 12daye, with coal, to ®mp- son & Cl Schr BC Scribner, Burgess, Glace Bay, 9 days, with coal, to master. ‘Schr Advance (Br), Dickson, Halifax, 8 days, with fish and oil, to D_ R Dewolf & Co. hr Gen Peavey, Fanning, Eastport, 4 days. Schr Agenaria, Murch, Franklin, 3 days. Schr Monteru Nefll, Bangor, S dave. verry, Bang 78. fe Horton, Jameson, Rockland. Sehr Corinna M, Jones, Gloucester, fechr A 8 Salter, Baker, Nantucket, Shr Albion, Smith, Wareham. Schr Ellen Barnes, Clifford, Warebam for Albany. Providence. , Providence. Schr Henry Clay, Haimmond. New Haven, Schr Josephine, Ball, Providence for Rondout. ndah, Small, New Haven for Albany. Schr Village Queen, Satterly, Bridgeport, Conn, for Wash- hr JS Curtiss, Fox, Albany for Hartford. Sloop E Sprague, Gibbs, Wareham, Stoamehipe New York (Brom), Britennie, Corsa, Liberty a] jew Yor! rem ), ¥ Bins, Virginia, Linde, Quaker City, Geo Shermaaa, Gor Marvin, Rapidan, E1 Cid, Morning Star, Star of the Union, America, Raleigh, Chase, Euterpe. cous. Richmond 4th inst from bark ashore on Point of from Baltimore for Mobile, Senn Exiganetn, Hodgki Bene, Key West, no ‘dato, with loss of ‘boat and deck load: ‘ould proceed in & few days. Scene C M Newins, Leaming, from New York for Charles- ton, i# ashore on Body Inland, NC, okies , L At. Westbrook, Me, 4th in Russell's ar nepiendia bark of 482 tons, called the Ada G York. Rie is owned fn Portiand by George Hunt J_8 Winslow, and others, and is to be comman ed ty Caps York. pe ‘time rn j Also, at the same an pares hare’ ta Good ; bove. ard of Mess: K Doyle & Co, in Franklin, 4th nat. bark T K Weldon, of about 400 tons measurement, owned By parties in New York. This vessel boars the name of the gentiem)n who into command her. She Is a frat class ver. sel, being built of the best materials, copper fastened and mble decker. ent Gardiner, from the yard of PG Bradstreet, eq, on ‘Wednesday afternoon, bark Midas, of 600 tone, She is owned by the Messrs Patten, of Bath, and will be commanded by ey ‘Samuel Metogng d wo shigs were to be launched at Bangor on the 4th tnst— one from the yard of Master Dunning, of 940 tons eapacity, ‘and the other from the yard of Master Crosby, of about I ‘tons measurement. Notice to Ma: NEW POINT COMFORT—VIRGINIA, ‘Daeasury Durantaxnt, Orrick LightHouse Bann, } Wasninaton, D ©, Sept 18, 1865. ‘The light at New Point Comfort, north side of entrance to Mob, Bay, and west side of Chesapeak tatiaguished by tha rebels in the spring of 1861, has been re- entabliched, and will be lighted hereafter every night from sunset to sunrise. The tower is built of stone, colored white, and {Iluninating apparatus is dioptric, showing a fixed white light, whieh in ordinary weather, ebould be seen at a distance of 18 nautical miles. “By order, W B SHUBRICK, Chairman, ENGLAND: RAST COAST—CORTON CATWAY LEADING LIGHTS. Officiat information has been received at this oflice that, wlth a view of facilitating the navigation through the Corton Gatway by night, two fixed red lights will be catablished on of about the Ist day of October nest, in the following posi- tions: — The wover lieht will be shown from a lantern on q timber ‘The will be two fixed lights, bout vesticnly, at me feet apart. The uppper light will be wi — lighthouse o north irimaby bearing W3,8; 8; MW thouse southwest of tie Woe Highthouse bo Killingholme High: 1 to the northeast of the ‘so opt a NW: '; and the Bull light vessel SSEXE, a Gate why 40 deg ldtaius and at thegHTumber 3 de rt lumber, main E eh Ne ty Marit We imeee m0. ie ne Sept, 1365!— ror bear read bea: ‘ ings are magnetic, iin of New ‘Bed ees Beige pr Cum ralet Benet, wit 800 ‘bbls oll ‘end’ 14000" toe arrived, at New London sth cans cece ne. Bohr $ BH " "- ‘whales were plenty. Bi'tone, rived in the dice Saati oo nS em, Foreign Ports. from Pena Laereho Borneavz, Sept 22—Arr ship Tyro, Scott, NYork. fio dayeino, mhog atu port Meamer Loo from Bath, Me, foran Francisco, arr 26th; an Ports. ple an. Gillan, Havana ley, NYork; Anna M - nge- ‘Chisholm, others as ; schrs Rescue, Kell wards, Ellis, and Laura A Burlingame, Burlingame, (0; 1 Bearse, do via Newport, RI; Ann 8 Brown, Fisk. town, DU; Nicola, Chisholm, hiladelphia. Also cld Gull, Sho: a. WCA, and a market, Sid barks © E rtell, Elmins lcNeil, Rebecca God Monica, America, Ell Lark; and from below wucothea, Clara Ann; Alsterdam. 7th—Arr steamers Nereus, NYork; Salvor, do; bark Si- cilian, Matanzas, BALTIMORE, Oct 6—Arr steamship Sea Gull, Rector, New York. Cid brigs Centaur, Johnson, Boston; Lille Day, di sehrs Peerless, Pattersou, St Johns, PR; % Snot Boston; U & T Cranmer, Abrams, Brantford, Conn; By Ria ea Cid rig Port), 8 et bi jeorjense (Port), juera, St alchaele; stir Hattie Annuh, Oredie Nore BATH, Oct S—Arr ship Lilly, Minott, Beaufort, NC, and aawed up river: BRISTOL, Oct 8—Arr sehr C Fantanzzi, Wooster, Balti- more, CARTINE, Oct 3—Arr brig O P Gibbs, Gardner, Bangor for Philadelphia. EASTPORT, Oct $—Arr brig Moves Waring, Burnham, ‘ork. EDGARTOWN. Oct 3—Arr schra Mary Hall, Poland, York for Salem; Harriet Brown, de foc pry oa ae Bayer, Gray, Philadelphia for Boston. a ST GR SENWICH, Oct 6—Arr achr Mexican, McCarthy. nladelphia, FALL RIVER, Oct é—Arr schrs Amelia, Beobe, und Rich- ard Borden, Borden, Philadelphia. os Bees as 6th—Arr ‘schrs “FH Godfrey, Philapelphia; HB: Bascom, Godfrey, do. Sid xchra J Predmore, Seavey: War. ren, Davia, and Cornelia, Webber, Pbiladelpitia; sloops I 1 Borden, Lockwood, and Naugatuck, Davia, NYork. 6th—Arr sehrs Enoch Pratt, Baker, Georgetown, DC; Tut- tle, Davin, Patchogue, LI. GARDINER, Sept 29—Arr schr Mary Shields, NYork. Sid 20th, bark Gan Eden, Reed, Modlie; Oct 17 sehrs Two Brothers, Miller, Georgetown; Mary Shields, Mar~ soll, NYork, GLOUCESTER, Oct 2—Arr schrs Star, Ham, NYork for Portland: Northetn Light, Buckmaster,’ NYork; 5th, Fred Sheerer, Simmons, Elrzavethport; Leonessa, Cotell, Phila- delphia.’ HOLMES’ HOLE, Oct 5, PM—Arr achrs Wm Paxon, Hew itt, and Adele Trudell, Timmons, Philadelphia for Boston. Bid brig A F Larrabee. Marson, Sth-Arr brig Harp. Arey, Bangor for, NYorks schrs Char- lotte Fish, Strong, and $B Wheeler. McLaughlin, Philadel hia for Boston: Jeddie, Roberts, Baltimore for do; A 5° ers (Br), Guilliot, NYork for St John, NB. KEY WEST, no date—Put in, schr Elizabeth, Hodgkins, . Boston for Mobile (see Miscel). MOBILE, Sept 27—Arr ship Eliza (Br), Nickerson. Boston. Cid ship Bhine (Br), Lancer EA dorson, Pierc man, Liverpool; bark W ‘ork, ‘amship Guif City, NYork; ships EC Scran- id Roger A Helrn (Br), Homeriig do, Ula Kk, steamship Flag, Brown, NYork; ship Lydia Skolfeld, Skol- field, Apalachicola; brig Aquidneck, Bigley, NYor! ‘29th—Arr ahtps American Union, Moore, NYork; Charlot Cousin: Beaufort, NC; schr Ann & Styan, Dow York. (ld steamshi| Gity of Port au Prince, Curtis, N¥York. MYSTIC, Conn, Oct 6—Sid schr new), ‘Tribble, . Phila Minnie, Appleman, ol ‘ent. NORCOLK, Oct 4—Arr acht Gen Sheridan, Buell N¥ork. Cid sehr Amelia, Ellews, Providence. NEWPORT, Oct 5—Arr schrs Justina, Gregory, Rockland tor Petersburg, Va; James Parker, Sr, Kelley, Pawtucket for- _nesdelchie, (and both sid), Sid steamer ndotte, CI Boston for NYork; brig Frontier, Livdeneld, Georketows, DO, for Providence; schrs C Fantauzzi, Wooster, timore: ‘do; Mary Kelley (Br), Reed, Lingan, CB, for NYork; Fanny Elder, Shes, and ‘Richmond, Providence for NYork; Acklam, Hooper, do for Philadelphia; Helen Mar, , Wines, Cohasset Narrows for NYork; Mary % Van Kirk, Yan Kirk, Philadelphia; sloop Clio, Norcutt, Taunt NYork; schr Sea Bird, ‘Wallace, from Providence for N York. 6th, 3 AM—Sld schrs James’ McCloskey. Crowell, Phila- JB Bleecker, Nash, do; steamer Delta, Lord, New for Ellsworth. 7,PM—Arr sch. P Cooper, Arnold, Eliaabethport; A rs Thomas Sarah Jane, Gardner, NYork. ‘OLD POINT. . Va, Oct G—Arr schr Nellie Payne, Boston « Roxbury: © Shaw, #, Providence.. Below sch. Henry Nutt, from West Indies, Cla steamer Te- cumseh, Follett, New Orleans; ship Tonawanda, Julius, St John, NB; brig Ri id, Powers, Boston; schrs Elizat Brown, Pawtucket: © L Bayles, Vroma: lark: 8 V W Simmons, Williams Garrison, , Reeves; ET Allen, Alien, and D 8 Mershon, Allen, Boston; Theo Dean, Phillips, Fair, Mi MeDevitt, NHaven; Eliza and Ret Pri green, Belloste, Newport; Searsville, Sears, Boston, Lawes, Del, Oct 4--Steamer Republic, from Philadelphia. for NOrleans, went to sea morn of int inst; bark Queen of Scots, do ‘for Antwerp, and Perry, do ‘for Pe buco, went out to-day, A bark anda brig unknown went up the bay this morning, but were obliged to return to the har- bor, where they now remain in company with several schrs. Communication is prevented by the high NW wind and heavy aes, PORTLAND, Oct 5—Cld schr Wm Flint, Howard. NYork. 7th—Arr bark Winslow, Nichols, Philadelphia. Cid brige Ella Maria, Datly, Havana; Mazatlan, Leland, Caribbean Sen. PROVIDENCE, Oct 6—Arr achrs Nellie Brown, Higgins, Georgetown, DC} Minnesota, Phinney, Philadélpnia for Pawtucket. Below hark Manitou, Norti, from Bulcmore; brig Frontier, Lituefield, from Georgetown, DU; schr Spray, Clock, Trenton, NJ. Cid echr Sea Nymph, Conley, Sid brig Bell Barnard, Cook, Philadelphia; Deli , Veaxie, do; achrs Jacob Birds Hazleton, George. town, DC; Memento, Birdsall, and Lucinda A Bayles, Bay- les, do; Revenue y; Franklin Bell, Brewster; ‘John Crockford, Jones, a i Charles E_ Lawrence, Stannard, Phil. adelphia; Empire, Capron, NYork; Panthea, Rackett; 8 F Wines, Hulse; Alpine, Pressey, aud James i De; es, do; sloops Deception, Mills, Elizabetnport x ty, 'Stur- 08 Huh, Qet G-Sid schrs Harriet Maria, Chase, dat, NYor RICHMOND, Oct Arr brig Abbott, G », Portland; schrs W Gregory. Gregory. do; Bell, Oubberly, NYork. Sid schr Susnnnah? fall, Charleston, SAN FRANCISCO, Oct 5—Arr brig Woodland (Br), Man kin, Remedios, Cuba; 6th, steamer California, Bayley, Neve rk. SALEM. Oct 5—Arr schrs Ocean Ranger, Poland, Philadel. phia; Lady Suffolk, Pendleton. we for NYork. SOMEKSET, Oct 4—Arr sehr John Slusman, Banks, Georgetown, DO, WILMINGTON, NC, Oct 3—Arr schr Wm Hone, Ander. son, NYork. werat WONDER. YATT'S LIFE BALSAM.—RHEUMATISM IN ITS: Most painful forms, also Scrofula, Erysipelis, Saltrheure, Pimples, Blotches, Ulcers, Fover worst eases. Of Daeaaeg of te naa Mercurial Complaints, Debit, d Ki lent Consumy are vor La ered. iy this preat purifiers. Principal depot, 246. Srene street. by Fraggista generally—1 per 5 ie for PRIVATE LIBRARY, CONTAINING MANY CHOICE. A Tina scarce will be sold at auction by BANGS, faiee ‘& CO., corner of Broadway and Fourth treat, on. jonday evening, at seven on IVORCES LEGALLY PROCURED WITHOUT PUB. lieity, Other cases uted without fre in a yance. ‘Rivice free, M. HO’ Attorney and C jansant 18 Ni INGLISH ROYAL AND BRUSSELS CARPETS AT: HIRAM ANDERSON'S, 9 Bowery. Also Imperial ree-Ply, Ingrain and Venetian Carpets, Rugs, Mate, Mat ting, Window Bhades, Talle und Plano Covers: &c.y nt great ly reduced prices. Look for 9 Bowery. © TO THOMAS R. AGNEW'S, NOS, 980 AND 2@ Greenwich street, corner of Murray, and there you wil? find Teas, Coifees, Fish, Flour and everything else cheaper» than any store in New York. One price house. R R. SEVEN GREAT BLESSINGS * SECURED TO THE HUMAN RACB BY ONE BOTTLE OF RADWAY'S. ame riaguy, _ MRADY SBLiER. ASIATIC CHOLERA, CHOLERA MORBU! YELL! ND PREVENTED Pavan sroghrated been MY RADWAY'S READY RELIEP’ RHEUMATISM, EI . Ran torERY UL BATHING, SORE THROAT, DIFFICULT pra N_A.PRW MINUTES> BY RADWAY'S EADY RELIEF, Pain instantly removed: all acute, inflammatory, mala jous or infectious diseasen prevented ai inated, tory, nd @ he wenk, feeble and ne hang rad at sound health by the use of One bottle will do more cure more. for alvother medelnes OF sie tae Aaa terrible pains, and and frame to strength 54 YE. COMPLAINTS. eee Fete wl ets se Jf. ACHES AND PAINS. whether sick or nervous; i weakness in thi ‘vowels, heartburn a Read; Rouer will arora immediate ease, ‘une for a few days efect anens care. Sold by druagiste, nd at No. Re Maiden lane