The New York Herald Newspaper, March 16, 1866, Page 9

Ne eat He a a in ee Near nese eae Seal ere anes ap arenceennrrereiortaerres = 7 ‘frem the morth side. To Yond on the south side—Cien- | the Most Rey. Archbishop McCloskey, at half-pa' «t ten egor—the Josephine, %00 hhde., obtained $934, for | o’elock A. M., at which the Right Tov. Dr. "uynch, New ¥ a brig, the Kolling Wave, gets $4 for mo- | Bishop of Charleston, will doliver a panegyrir, on St, Patrick. The mass to be sung on the occasir in will bo Professor Gustay Schmitz’s first mass in F, wb ich will be rondered by a carefully selected cholr, unde r the direc. tion of Professor Schmitz, who will presid@ at the organ, High mass will be sung in several of the other Catholic churches, and in the evening a papegyt¥. will be pro- nounced by the Rev. Michael Curran, 9 ¢ St, Andrew's church, corner of Duane and Park stree (s, ALDERMANIC ACTIO? ,, “By the following preamble and rer olution, offered by Alderman Moore at the meeting of the Board on ‘Wednesday, tt will be seen that our public functionaries think more of Ireland vuan Would pe supposed :— Wheroas Saturday next, the 17th day of March, being the aauiversary of the virihduy of th; pason aaiub ‘eof Ire is to becelobrated by a grand of vicund military proves of our fellow citizens of Trish b/.rth, including Grose who cre about engaging in an effort the “most laudable and patriotic, king to the restoration of & owntrodden and unbappy Lre- land to thut freedom whida is her natural right, and which ber sons through “centunes of tyrauny’ and Oporeaston have striven 4 id ‘sighed for in vain; and whoteas in the opinion of ‘this Common Council, speaking on behalf of the people of this city, who sincerdly aympa- thize with the represent ives of the oppressed people of Treland now resident ame.ig us, and, through them, the op- pressed ard persecuted yeople in all parts of the word, in their aspltauions for fre edom, with a view ef making such aympali y avd in order to atlord all Soaring wodo in. the comtermplated demon- 6 deep Interest of our pe re in the affairs of Ire ‘Tasses to Portland. Exokange, with some Sotaations, has rit its Previews tone. Sterling closes at 14%; a 14% per cent Prem'uni, and francs at 134 a2 per cent premium. Bills ‘an Now York aro in good request; rates variablo—sixty @ays carry 22 a24 per cent discount, and short gold drams $ a 434 per cent premium, Uta reported that the Spanish. war steamer Nepeane It 6 Spanish war mn hes captured a schooner with 375 negroes on board from Africa white endeavoring to land her human cargo on the ‘oust of Crba, ‘Tho consignee is said to be a well known Planter and capitulist of this island. ‘The British steamer Cadmus, eight days from Vera atrived here to-gay and fired @ salute of twenty- fms, which was returned by the flagship, then by ‘the fdrts and thon by the Spanish Admiral. ‘The United States gunboat Chocura came in to-day from’ Koy West. Her commander was saluted with five une by the Spanish flagship. ST. PATRICK’S DAY. ‘Preparations for the Celebration in This City, Brooklyn and New Jersey, &e. To-morrow will be the anniversary of the natal day of Ircland’s patron samnt,and although the day ‘s always celebrated by the childeen of Erm with exthusiasm, yet, for cogent reasons, it-saay be supposed tout ie te thot ‘antive land; be it therefore peop ¢ from, p icesolved, That the tlags on the City Hall and all the other wah ck ee Pcs ee ee ‘With smiles aud tears for bygene years, Kecatfices Of the’ Corporation be and hereby. are requested Will hati this, Patrick's morning. Regarding tho birth, life and death ef St, Patrick mewch 4s written, but litte is known. | It is generally believed that le was born about the laiter pert of the fourth cen- tary; but opinion is divided as ‘to whether Frence or Scotland was the place of his neshity. It matters Wut little in this ege, however, where he was bore. Con- werning ail that it is necessary to know there 4s ample proof: that he wes brought te Ireland ms a stavo at an early age, and that after escaping he returned as a proacher of the Gospel aud ® sever of souls, having recotved his mission and tho ‘aposiolic benediction from Pope Celestine, * Innumer- ‘able are the miracles and good works whieh St. Patrick Ms said to have wrought in tretand. He founded monas- ‘Yeries, churches eud religious orders throughout the ‘entire length and breadth of the island, and by no means ‘the smailest blessing which popular tradition attributes to iim is the banishing of ail venomous reptiles from the land. “Where any official -aathority for this can be found Mis dificult to ascertain; but the fact bas been tandell own to posterity by an pxuberant poet, who gayes— Here's success to-bold St. Patrick's fist, He was a saintso clever; Be gave the snakes and toads a twist And banished tiem forever. If the Saint could #60 his children gow he would, no Aoubt, feol highly ploased at tho evidences shown of their love for the land which he labored to convert, as ‘well as their reverence for his memory. In all parts of the world, where if only a few Irishmen can be found— ani desired to saxpend business on that day, in order to ena- bie all lesa to do so 10 participate in or vid by their presence @ the demonstrations contemplated to be made by wir fellow eittens of Irish birth or Irish prociiviiies on ihe #pprouching analversary of the birthday of Ireland's patron watint, IN THE EVENING the Knights of St. Patrick wil! give their annual ban- quet at the Maison Duree, and, jndging from the arrange- ments, the affair will be one of the most brilliant, Among the inv ted guests are President Johnson, Generals Grant, Sherman and Sheridan, Governer Fenton, Archbishop McCloskey, Bishop Potter, Mayor Hoilman and many stinguished citizens, riendly Sons of St, Patrick will have a private supper at Delmonico’s. As the anu.versary falis.on Saturday there are many private and public gatbermes that will be dispensed with. ‘Thexou-commissioned officers of the Sixty-ninth will give'their annual ball at the Germania Assembly Rooms on Sonday evening. THE CELEBRATION IN BROOKLYN. Fhe following societies wih parade in the ordor be- Jow:—St. Ann’s Romen Catholic Total Abstinence So- ciety, Assumption Total Abstinence Society, Laborers? Union of Brooklyn, St. Paul's Total Abstinence Society, Father Mathew Total Abstinence Society No. 2, St. James Benevolent Society, St, Patrick's Total Abstinence Be- nevolent Society, Shamrock Benevolent Society. The route of the procession will be through Park ave- nue, with the right resting on Clinton avenue, thignce to Hudson avenue, Water street, Gold, Front, Bridge, York, Main, bape Some Jay, Myrtie avenue, Court street, through the City Hall Park, in review before the Mayor and Common Council; therce to Fulton, Joralemon, Court, Atlantic, Hicks,’ Congress, Nelson, Smith, Atlan- tic, Vanderbilt avenne, Pacific, Wasbington avent, Ful- venue, Kent avenue, Myrtle avenue w City Hall, ng throngh Jay sireet the procession will pars re is the ovantry in which they cannot be founds— I z Sa nr vbr soe eet fe honor tte an, | nore te ee ar vand the ‘green immortal shamrock’ is universally Marshal, Thomas H. Draper; Grst aid, Michael second aid, Peter Mohiernan; apecial aid, Stephen The city of New York contains a goodly share of Arish elemen pernbing me ay iS andsh the neany saserobiages bale ie In the evening the St, Patrick's Society will give their ene oe elk tea? tanks Or tine eae | ‘dipner 26 Guthie Ball . eannot e 4 NEW JSERSRY. Fo —aoi are gop Me Mood = Thelris 4 ni and civic societies of Jersey City, -and where freland is so numorously repre Hobokea Dity Intend to celebraty tne day by wented, that St Patrick's could go by & provessle + . he of procession wilt form on Van ‘without a celebration which would be a erodit to New | VOPtsaue % ta o'clock A. 2. , and witl parade through ‘York and un honor to its Irish residents, This year has | 86 Priucth pirevts of the threo cities | The arrange: developed many new items for the history of Ireland mente are # larger seaie than bave ever been ‘and the ties of ‘nationality are becoming daily more atioempted in Hadeon county. bound, and the celebration to-morrow no cake eta Gabi SHERINY LYNCH VS. MAJOR GENERAL B. ¥. BUTLER. COURT OF COMMON PLEAS—CHAMMERS, Refure Judge Cardozo, Avdgew J Smith os, Major General Benjamin FP. But- ler.-This cave, whieh was an action to recover a lange amount of gold seized under oréers of General Butler during his administration of affairs in the city of New Orleans, caine before Judge Cardozo yesterday morming ona mation W tex the fees of the Sheriff, the litigation baving teen seitted, The Sheriff presented « bill for on $150,000 — the avwoan: of damages set up im the complaint; bet it being eetablished that the real demand and the amount paid by General Butler on the supplement of the case wae opty $50,000 in gold, the Sherif counsel admitted te will be processio military and civic bodies, sermons aus edie dane nko and a grand show of “wunting. The celebration wi of course, ‘in with “Saint Patrick's Day in the Morning,” after : ‘wait parade in acoordanen with the orders all in janer wil ‘orders already pub- Mehed, a9 follows: — ibis Tho societies will take their posittous at ten o olock A. M. weasels to Eek Peseteany inthe toleclog emp Father’ Mathew T. A. Wi, Society No. % of New York, Reilly, Marshal, East Broadway, right resting on Grand Hibernian Benevolent Society of New York, Charles I. ‘Tyler, Marshal, right resting on Gouvernewr u's U. P. Society, Charles Allon, Marshas, right ‘on Montgomery street. Benevolent society of St. Vincent de Pant, Brooklyn, B. D., Patrick Kelly, Macshal, right resting ov Clinton xireet ‘I i tf Fathaw could only apply to the utter Revol yh “Theta ‘Donohoe. Cay ‘he insisted was equivalent to about $70,000 4 ting on Rast Broad jy currency, and that on that amount the poundage wand Coal Passern’ U. a_C, | should be calculated. ‘The counsel for General Butler contended that the amount of poundage elaimed was unreasonadle, as, be- yond the service of a few coples of the attachinont, the sheriff, mot having actnally levied upon any money or ba oy hat had bot httle labor aud no responsibility ‘The mantier was finally adjourned epable both par- res oo BP. Association, Joba ©, Graham, Marshal, East Broadway, right resting un Jeffersun Ancient Order of Hibernians, of New York, John Tucker Thomas Kearns, Marshals, New Canal street, right rest ‘on Fast Browdway. acleut Order of Hibernians, Long Island. John Goulden, Marshal, New Canal street, right ing on leftof A. O. Ht, of New York. * 7 iratwlguration Roman CatholleT. A.B. Sociy of Ne ee eee Oe ee ond any Sh oo geld hms toe neces The Court House In vectig: "Longshoremen’s UB. Society John Gannon, Marshal, | THE AMOUNTS SPENT ON THE BUILOING-—EX-MAYOR it rewiing on left of TransGguration R. ©. T. A. B. Society, OPDYKE ON THE STAND, ETC. Between Rutgers ani Pike streets : i At Jace’ Roman Catholic T. A. B, Society, New York, | The Court House investigation wem om yesterday at 5 A ag Marchal, Vike street, right resting on Kast | the usual hour. Of the committee Mess, Fox, Hays Paiher Mathew U. B. T. A. B. Society (parent), New York, | and Hiakely were present. ward L. Carey, Marshal, Kast Broadway, right resting on | yi, Koljum, the architect of the new Court House, was Bt. Bridget's M vine, Marsbal, and B. Soerety of New York, John Tt Market street, right resting on East holic T. A. B. Society, New York, . Bast Broadway, rigit resting oo ree Immaculate Conception Roman Catholic T. A. B. Society York, Patrick (Neil, Marshel, right resting on left of iret examined. He (evtified that he ould not tell the quantity ef iron, brick or marble in the Huilding, or bow Jong it would take w finish it, without making eptimates by detailed saleriations, nor could he toll what such a building would probabiy cost with any degree of certain ty, having never duplicated it. Fesor’a 8, 0. T. A. B, Society, between Market and Co+ 8A. Lynee, Jr. the county bookkeeper, testified Benovolen: Society of United Hons of Erin, John Harring frown bis books that th the Court ton, Marshal, right resting on left of Lmmiculae Concep- | Mi Op to this tine was $2,275,406 o2, that of ton KC. 7. A. B. Society Unis sum $450,000 wax paid for the ground. The amoant ot eh be taken at twelve o'clock M. | of interest on bonds and other secarities imeoed for the red; pass down East | erection of the Court Hous wns $218,677 30. These The line Ben to the east gave of the Fark, e *: | figures the witness showed were official, The witness thetiee up Bron ure the Mayer | had b then in bis yreaeselon tbe papers lo show the aise Statue; | amounts of money paid for iron, stone and brick, but ‘ourternth pteect to Kighth ae, ib sreu wei es Ce to the next meeting ar x-Mayor Opdyke tostiied in reference to « commen! dew ure wrens to Tigheh stroet, up Eighth errset | gation sent by him t0 the Hour of Sapervinurs 186, societies wil endeavor to have ibeir men an the | Ob the «abject of bids for the taurble capteact " the fleren’ Commrion, and Bot the Commie, nad tbe tnsamg: . mont of the Cort House a! that time, un Investigating Committee decided that seh evidence bad no bearing oo the case, and, besides, war net sworn evidence, bat « commeunieatian from the ex Mayor, and ruled it out ‘There were no vt her wituesrer for the prosecution pres ent, and they annoanced that they would probabiy : low their case Wo-day. The Committers then adjourned ull this afternoon Poliee Intelligence. A MEMPHIM MERCHANT KORDED WF A BROADWAY CONCERT SALOON- TWO PRETTY WAITER GFMLH ARRESTED, BTC. On Wednesday night Mr. Jumen W. McKinney, « mer- chant doing baviness in Memphis, Tenn., entered the con- cert saloon located in the basement of pregises southonst corner of Prince street and Rrondway, and before lay ing imbibed freely ue in company with two of the bames as Mary Jane McAuliffe 4 Maitie Bartlet. White in rivate room the girls woking at Mr. MeKioney's robbing him. were = scoordingly snberquently, a4 the Southern mer- the sioon, girs followed him. When about « block distant one of tae girls seen fumbling about hie pockets, and ip a ot afterwards Mr McKinney screamed Wate! watch!’ and at the same time whe girts fan away, but ime ‘and ‘ : OOH) THERKY, rand Marshal” Bein! hide Speier Baiptan Denis Keeus, John F. € mecrdamen Buc hantayy crm ah Burien, Photon Gon. Murray, “Owen Hunt, Danie sake Tartar ti arash ah eight Selecta. We prtacaly wel |. precisely, . peceenevem sit Mosenmsrmceannaties te Fither “Mathew T. A. B. Sotiety No. 1, of Jersey aud also the Iadiew’ Father Mathew No. 2, of this city, which will bave the right of THE MILTPARY PARADE than ve, The ‘ere roine of the orders have been tamed following ‘overcoats, on Saturday, | were porsued and arrested by offieer Kennedy, of the | enlebrate the aan hb preciaet Ou reaching the Spring street wien Mr Mein found tat he had been tn Broome street, past tea o'clock A. M of companies. nov-commixsioned staff, band will report to the adjutant in the regimental 4 gold Watel rained at $400, a diamond broart- $20 gold piece patr of aleove bn tions | Kearch wax made for nine o'clock A.M. precisely. the stoleu property, bet mone of it wae found. The the are enlal parade Wi celebrate this | prisoners denied their guilt, pot Justive Dowling commit ted them 0 the Tonbe tor ecanfination OR. VON RIFENDERG RORHED. Detwetive Tremann yesterday arrested Jerome Louir Porck, recently a porter in the employ of Dr Joba & Vou Bisenberg, $16 Broadway, on the charge of svoall stat will report, mownted, at the (i * No itp Wout Foriy-outh seri, si nine orion bearers and quart reomive the color artery at ning wale '&. eo ne eee Adjniant THOMAS LYNCH, Colonel ORNRAL OnDMRS—NO. 4 Wx hundred dollar, The doctor makes alidavit that on emmy oy the 10th ultitne he intrusted the prisouer with six hun- thie ‘ore bervby, Ered dollars fore parpese of deporiting it in the New CA ‘isco fa York County National Bank, instead of which, it is al- at the ee et , hy by opt out of t ‘dat tn took him in « Seloek. non a“ pS ee poe Wo the commandaut at half past wine o'clock * PRANK MERLNOY, Lieut, O61. Commanding Souv D. Covomun, Adjous ‘The various evmpanice of the STARDING AFPRAY IW 4&4 LIGUOR #TORE. Youtorday morving about half-past ait o’clork two named Williaa Hanlon and Patrick Nicholeon, -winth regione a Bexie oil! amembir at the armory ot ten o' mevial will | stabbed Nicholson in the left side, iniict moore este ee one Jourdan, \efticere however, i# in seareh of the offender. The ‘\ mithe ‘wounded man War conveyed to the New York Hospital THE GOLD QUESTION. Important Deciston by the General Term of the Superior Court. Onc Dollarin Greenback Fully Equiva- lent to One Dollar in Gold. All Debts Can be Satisfied by a Tender of Pay- ment in United States Treasury Notes, &e. ke. &e. Surerlor Court—General Term, Bofore Justices Monell, Garvin and Jones, John Wilson and Others vs. Edwin D. Morgan and Ohert.—This 1s a most Important decision, made by the General Term of the Superior Court, respecting the rela- tive valuo of greenbacks and gold dollars. It will be seen that it decides that a one dollar greenback is fully equivalent to a gold dollar, and that all debts may be satiafled by tender of payment in United States Trea- sury notes, The facts of the case are as follows :— ‘The plaintiM™, owners of the British ship Atalanta, by their agents, George Henderson & Co., in Calcutta, char- tered the ship to Gillanders, Arbuthnot & Co., of Cal- cata, ‘The charter party was made in Calcutta, and |s dated January 20, 1863. It contains the following clause :— “The freight to be paid on unloading and right delivery of the cargo &s follows, viz: if dikeharged in United States of America, in silver and gold dollars, or by ap- proved bills on London; if at a port ia United Kingdom, as customary.’’ The defendauts were consignees of the os Upon the arrival of the vessel at the port of New York in June, 1863, the defendants tendered payment of the freight, amounting to $32,630, in United States legal tender notes. The tonder was refused aud payment de- manded in silver and gold dollars, #8 specitied in the charter party, which was refused, ‘The action was tried by a referee, who (found the ten- der of the United States legal tender notes, and that at the time of such tender, the market value thereof was thirty-three and one-eighth per cent less than that of gold or silver dollars. By an arrangement between the parties the plainti it credited the defendants with the market value of the amount tendered, leaving a balance of ¥ ‘The referee foand the market value of euch balance was, in the currency of the United States, $10,250 05. Upon these facts the referee decided that the plain- tilts were entitled to recover sad sum of $10,230 05, with interest, and rendered judgment ac-ording ‘The defendants appealed. Mr. E. Terry appeared for appeliants and Mr. A. F. Smith for pespondents. ‘ DECISION BY THE coURr. Monell, J.—The art of Congress, passed Febroary 25, 1802, provides that the notes by that act authorized to be issued aball be “lawful money, and « legal tender In payment of all debts, public abd private, within the United States, except,” &e. (12 United States Statutes at large, p. TL.) The validity of the act fs not open for dis eassion in thie state, (Metropol tan Bank versus Vao Dyek, 27.N. Y. R., 400; Meyer versue Roosevelt, Id.) In those caves the tender of Treasury notet, made jawfal money by the act of Congress, was held to wtisfy a dent which had been contracted befure the ree of the act to be paid ip the then “lawful money of the United ‘States.’ The cenoral theory of these decisions, and of ail the decisions of other courts upholding the power of Congress Wo create other lawfal money than gold or silver coin, ix, that by the ommsion In the eonstitavion of the United States 16 declare what shall or @hall nut be s legal tender, and the prohibition tothe States to make any thing beeides gold and silver a legal tender, the power, by Lecessary implication, is conferred on’ the general government. Hence, at different periods, has dewignated what should be legal tender. n 1702 they established a mint for coining gold and silver, whic the kame act, was made lawfal mouey for the payment of all debts’ In Ligs they made cor. tain foreign coin & legal toder, and from Ome to thas have reguinted the value of forewm and dommatic a. These aots have never been questioned: yet the power to pass thom ts not exprossly given to Congress by any sion in the federal constitution, Hence they tained only upon an implication of pwyer. Cou ie Dot coutNed Po the exetebar tt jrwwor® Oxprensly ranted. The Supreme Cagrt of the United States, in jeCalloch va The State of Marvland, 4 Wheaton, 416, aad Gibson vs, Ogd Id., 188, wholly rejects any such limitation, and the Court of Appeals, ta the cases cited (eupra), follows those decisions — The eliarter of the vessel in this case was nade in Jannary, 163, nearly « year after the passage of the legat ¢ act, and the partion are od to have tnade the r contract with re: ference wo t (Denive va 6s purposes of copstruction ertat of parties, the place of performance the piace of the contract. ‘It ts thorelore ty be assumed that the parties were coxnizans of the the United States making paper mone) tender tn payment of all debte, aud vant of the interp by the respondent's counsel that if a im this case it could be saiisted der uoter. That, it apy me, much, as it ly entirely ra debt dul ex party ontract for the ire oF part of mined voyage, or for employ tains covenants by each party it wae matuatly agreed that (he on uploading and delivery of the cars the owners had for their charter freight was a mere seourity, and it might bave bs 4; but the waiver would not have discharged t The right to collect frewht by art te adjudged, In Clarkson vx ‘ow. 470, 1 wae held Chat the owner might Inst on his lien, or by action compel payment; and in barker va Hoy 17 John: GM, an action to recover freight from the cousignor was sustained after the go consignee wit able ¢ ing the delivery the freight. Cook ¥ had heen delivered to the And where freight w pay fron an expres tuent by whieh ou* prom. another party va debt. “Ko also any agreement which exprenodly of impliedly imposes su ohiieation ty pay money wadebt. The treight due from the defer #, and for which av action © maintained. was a debt whieh they « by payment The defendunte, a © Were the mere tactory of agents of sig tory Ag. 6 53.) Payment by them world bave din eharjed the debi of their principal, The argument of the respondent * Counsel proceeds upon the eronnd that fe debt existed we between the owners od consignee He seemed to lone sight of the conaignote agreement to pay (reieht (which agreement cre, mM), and also Of the duty, a well a» right, of the cons;neer to sataty such debt of their prinespal by payment And the quex tion is nyt changed by the portion © the parves on the record, especially under the stipmiation in the nme, But the main queston ix, can s contvact te pay in silver or gold dollars be aiintied by payment in any other Kind of money? Congres, by the irgnl tender act, has male a paper dolias the equivalent of a gold or wiver dollor Having the power to establiah and plate the vaine of coo, it bar depreciated the d vorpow cogniza. ' paper money, and has de ating the value of ue silver doting repreentiny the value of aber of conta, The power i not confined to it wad stance might he thade the cd om and de clared jawial money, The of sliver of the ancients, which wer not counted, and the wampum of (he Indians, were money. Money te the mer OF appomed Typrenentative of defaite valve precivun metals opg all civilized wats (he usual ane pted repre ne nian Gold standarda of valne whieh reguiat Aber values Aby otber standard the sane thine A flowr. if mode by law the and adjust all other = igld and ailver Ai legal purponen, do mM ebange are never degm@ated or nore 4 It is erroneous to may dhe market for gold floctontes, neolned ond wnatamped ita weuhed out, and “ent degree except when it is tradicked oa acommodily. As coin, ora mediom of currency ue ae fixed by law does fot change ith the motations of trade and commerce All other things tie oof tall in the finetuations of arises by comparison merely. Cougrems having © not produced by any law, hat of trate, of wapply and demand, and other causes for whied the taw le not accountable. (sed in commerce # ith foreicn countries, pold and ever are the only acer pied me- Giome of and tbe tv aloe i attributable to thew universal and corrency among alt nations In domestic commerce, however, they tone some of their po gee by the substitution of ther standards of jue, which are mate they equivsicot Asan article for trate, gold, either in coin of baluon, & regulated by the mame roles that govern other commotines Contracts for ‘te purchase of sie are valid, and contracts for the There is & wide filver ae merchandise apd w money boy or sail cannet Paesee ket value t & the rules or principles which regulate contr It is ased only to pureh propert, and pay debts. A paper dollar to a gold dollar, it must be accepted as tion of any contract for the payment of monoy, form or force of words can be used by contract to give to a gold dollar a legal value as mon H A doiiar is » hundred ¢ i. er it is silver, gold or paper, and when ( es that a paper dollar shall’ be current, and Pass for and represent, and be of the value of one hun- dred cents, for all’ purposes of traffic and paying debts, it becomes the equivalent of one bund any other substance or form. It has been str d in declaring paper money @ legal tender 2 payment of debts, has recoguized and preserved a ci Unction between {t and coin, and the exception in the statute, of duties on imports and in ‘on the pablic debt, i mainly relied on to establish eu ist issuing of bonds and notes, which is expressly payable i Statutes at Lange, $49, section 6; 709, 13.) Such bonds’ and notes, however, were to be. come a part of the public debt of the country, and wore accordingly brought within the great leading principle of the government, of paying tn specte, which has existed at intervals for more than three qrar ters of a century, having been originally enacted in 1 re-enacted in 1840 and again in 1846, ‘The exception, Urere fore, in the statute, of dutios on imports and interest cn the public debt, ay Well as all subsequent legislation ere ating or prescribing the manner of payment of the pub He debt, are but re-cnactmentsof the acts referred to, and expecially of the act commonly denormina ‘Treasury act, passed by Congress in 1840——~ at Larg®, 365)—and the act of Angust 5, 1846, Those acts provided that ail sums payable to the United States for duties, taxes, su public lands or other debts, should be paid in go! silver only, and that all payments by the United Sta 1 also be mado in gold and silver coin ouly, Tt w 4 by the Legal Pender act of 1862, nor by any squent acts, to change the policy of the gen- ernment of paying in specie, and the exception, therefore, became necessary merely to proserve the pro: visions of former statutes, “ince the passage of the actot August, 1846, payments to and by the general government have been made in coin only, or in notes Issued under uthority of the United States and directed to be ro- d by jaw, In thus following the long established practice of the government of paying incon only, Con- ress has ine d nothing that cou'd be construed into & design to create any legal difference between gold or silver and paper money, a3 a legal tender in payment of private debts, Indeed, the exception gives force and explains the meaning of the previous parts of the son teuoe. From the views which I have tere exprossed 1 follows, necessarily, itseoms to me, that acontract whieh creates a debt, which debt can be paid with money, can be satisfied by any money which ix a legal tender at the Ume the debt is to be paid, and can be aatisiied in no other way, Indeod Ido not see Low a contract can be framed by which a party to it could be compelied to pay money in silver or gold, When some other substance is made by law sufficient ‘to satisfy the debt. Let us test it by an example. Suppose the plaintifls had aued to recover the freigiit, would the Judgment have ben for so many dollars {n’eilver and gold? Such a judgment could not b» reudered, The recovery would be for so many dollars, and the Judgment could be satestied by the payment of the number of doliars, in any money which was a legal tender at the time, ‘The defendants’ consignors had agreed to pay a certain sum of money, and they had agreed that it should be paid in wilver and gold dotiars. Could the owuors bave required a specific performance of the contract? Cer tainly not, [twas to pay money, not gold and #ilver dollars, and the sum of money only wax recoverable, ‘This rule is recognized aud well settled when applied to contracts payable in chattels, (Pinney va Gleasou, 5 Rockwell, 4 Hill, 166) Tk al of marketable difference in value of paper money and coin must be presumed have been within the contemplation of parties engag 1 to pay ineoin, aud that, therefore, such diderence shoul be mooverabie ax damages, and sich seems to have beon the vioW takon by the referee in thie eas. It te also: rapposed that upon & coutract to pay ar money in Ida rocovery may be had for the value of sold, a ainod by comparison with paper money, Bur t jon, that it does not r cog a which exists bet y ‘er one thousand dollars of gold t# 8 very rom one to pay ueh eum in gold. The former can be specifically enforced, and the other can be satisfied by gold of it equivalent Money, being the common mensnre of al! hinge, ha. like other things, any particular function, It takes the ‘place of all other things, represented only by standards created by law old in bare is no more “money” than are pigs of iron, lead or copper. Like them it may be wht aud yold by weight; bat until it in ‘coined’ a the value of the coin is macertained aud decieret by 11 it in no more a wedinin of exchange ot roncy tod with auy money other at common either ax an ineite adjndieations eat upon it recoverable, y Luteroak, says , “ie the nanie applied to p which the law gives to the creditor damages (Sedg. Dornat, ftv. 1, npe nat i entitled ta recover a thee who um cf money from bis The lows experieured by thore who y ie a8 divermfiod ag the om they , tnd ax unforeseen as the wants ne ry Meht arse, But no seh The damages are limited to the in debtor in de eult. ere not paid at matur might make of the m from whieh t werely. ‘The rocovery of the current rate des interest, upon a dob 4 in M. », 4 John y, other ¢ tay ovuer In meni, t ained upon any principle applicable to ¢ recovery of thy alue betwe gold money a pon any prin ble to the speci pr neiple law fore referred to, subetwntially determine the que tion, The moment the of at peeumed from it are ap. press J Dav (page 454) “tt be the lawful money of Vonited States, made by its y, that exe @ eo ise questi ded The ve Satlor, in the iietriet ¢ td Penn. held that a qui rent payable iD “lawful silver could not be evunguiehed ty the payment y STRATEGY. CHILEAN A RUGE HOAX ON THE $ Thirty Thousand Dollars Spent in Hunting Imaginary Privateers. PANIARY Explanation of the Sudden Departure of the Spanish War Vessels from This Port. A Bogus Letter, a Delusion and a Snare, FRONTI MWULEA FIDDS. ke. &e. ke, Tt will be recollected that a few weeks since two Spanish war vessels, the n anit the Trabel Ia Cato- Hea, arrived at this port from Havana, whence they had been despatched, according to one report to wateh the alleged Chilean privateer Meteor, and protect the Span ish shipping along this const from Chilean or Peruvian privateers, while another reason asaigned for thelr unex pegted visit to New York was that they had been ordered here to be overhauled and repaired preparatory to « cruise in unknown waters, The authorities at the Brooklyn Navy Yard, upon the latter supposition, tendered the commanders of these Vessels all requisite facilities, at the instance, it wax re: ported, of the State Department at Washington, and this offer was duly antinadverted upon at the time in the columns of the Hknanp as belng more than neutral and in strange contrast with the course pursued toward the Chilean Envoy here by our government, Instead, howover, of going into dock at Rrooklyn, or lying im wait for the other expected priva- twor, the next fact that transpired in the visit of Spaniards was that her Most Catholic Majerty's mon of- war had departed as suddenly and mystertously as they had arrived, leaving vothing to indicate their desti- nation or the motive of their abrupt departare, That a stay of soveral weeks, at least, in this harbor was ex pected Is evident from the preparations which the officers of the Carmen and Isabel had made to enjoy the fextiv ties and amusements of Now York, Arrangements were made a day or two after their arrival to give a grand ball on board the Carmen; but the pleasing expe tations of enjoying a little broken English with the fair Seioritas Americanas, amid the masic and mazes of the dance on the deck of Her Moat Cathole Majesty's frigate, were not destined to be realized. Orders wore given to put to fea atonee, The officers—eapecially the junlors—were terribly chagrined to be turn away thus waddenly from the dolce far niente they bad bot begua to enjoy on shore, Frei thelr aupe- rlors they conid not ebiain Che least word of explanation of the unexpected change of programme, thing farther wax heard of the vessels here anti! Wednesday lavt, when the news of the arrival of the Isabel—the Carmen following—at Havena was pub Nebed in the Hrnaian, After conaiderablo mananvring and diplomatizing we finally discovered the grand vecret of the mysterious movements of the two Spanmards which have perplexed eo many <o m otoor yin agents, bx orking hard to ereate a panic in Spain, by alarming reports of the pres rope and in Uhix country, have Weon tod, shipe loading " toi the dread inteiligence, the 8 were afraid t put to sea, mnle alartn meetin convoyed ty a ¥ held at fare tion of the Corwen was Viewha epirite out t and chief conspire be enor B ng forms 7 m7 the wficwcy of the Legal Téudet wet, aod that ite Sar ct By admitting fetitions values to regulate the dam Apeneh auth ages. The plaintiff’ view cannot, therefore, in my jody wine time to remmave the comment a in Speniah to the Ayres wae written on Wy ation of the document poers Lerrrn Conrimetiat ACRNCT of OniLe 18 yim Uneven State, | New Youn, Fol 21, ina | 5 Senor Don Jo Vietrso Lertanes, Mim A Chile ia the Argentine repabi My Karrewen Fens With «noore regret I have read m Huet or, in whieh ye upleasont rupture with the gove The hand of Spain rumy be pt q ent that Hite repubd letter dated f tne of your cut of Uruguay won in this intrigue nothing to bape for yard to La Piatto, 1 een je war in Me ragony oral Mitre will k your Ppenieh get ’ a forty “0 game The that the efore frow Bune, 40d the (sabe! a Catolen, Spaniards here have bean led tw newts if wan intended for a p 1B grow in loge! tender noten But the dreix'ion 88 | Antilier succeded in Aetaloing her. You avlely the ground that the quit reat was nt a debt, | qi understand that thin evens har not trovbind ue tnd, ter fore thin the provisions of the lege tom: | since withous having hed Shy thing io do wit Biro der net. The right t sately a debt with legal temder | veoh we have d d here, with but 0 oh we money i* folly recognized. The rent im that case wes Fiver wegling wventers penny weights and ner | aod the lemened Justice Ha that corny fr he paytornt of » the anerifieally | points of imporiance you iw eutoreed, wor to shetween the | lette tend A tbe flver and legal ed oe damage. | agont of Pers here bef deck To min prine 0m ome Court of this | fortunate ae ty carry wut fal emterprinn: ith th dwtret were also apin ve. Presta’ | qean.opo in quid which he brought with hiam, and certain ‘ vouery one case ab Aperial Term, | Gperations in the comeigninen’ of guaun, im whieh prom ading ve Aunty Motoa! Inearanee Company peut i Warhingion and ty have (adem part Pr R.9, Tho flent tw 4@ not seem i tae bean | fond + pinta ty aotf ere fe Much consideret, and the mpert of them ix too mengr to enable ue Wo eee wha led to be decided, and the Inst one war a proceeding in, equity to require the payment of dividends in gold. There i nothing, there fore, in any « «, beyond a tere dirfum in two of them, whieh teken. On ty one doe ry note payathe ‘iy United States nder of legal tender nolan ~ abie and be remontng of tye © mind, coneiasive. My conetuwon i# that the chart party requiring the freight to be paid in # i Aoliare, could be sat by payment and that a tender of the charged the dett. The referer held the tender sufficient, sod reght in slvoule, elif either party dewwee it Garvin and Joes, Justions, concurred. Marine Court. fetore Soap A wngular case war brought before thy y aster day, by Margaret A Wheelwright agent Berend ‘The piaintil @ the owner of the howe N 4 Monroe Sireet, and had remted one Boor of it to one Wackortey On the Zist of Ortober the dead boty of Weehowkey sen Wes broaght to the house by defrodast, (9 scvordamee ‘With the father's requext by telegraph, (nt wae retuned Manierion hy the nti? «The mn bet tied dates own, BY. and his bodyern wot oo by the parenta Defentant Droke open the J eres pF eng | tt Wachoutry © roome ft vlan pd ee for wreaking open her door The jury 0 verdiet for dete ndant Court Catendar—This Day. Sevemre Cover, Crecon Part) Noe S19 1000, 174, 1681, 1710, 1606 1965, D006. 1515, i018 isi, 2176, Zam), 22th, z2is, gawt, apie, We bar, Now #78, 29, 108, oe 1218, O, 20, O46, OH, 195, > \ n oe 0 \ 1] and war ° of one of their towing heme to and in Wadhingto . With the envoy ® . | Chilean minister at Bowne eval paper, bearing an exce ature. Here is literal trav TRANALATION OF TH it demroye’d the aba aed the pen ‘ fone that it may be only for a fe the Bympiards believe Uvemae! som me whieh, ae you knew ommended | tow of Williams, and the Conder learned ralied foram Clamgew im inthe river, wh the Gar fhe you already we, my frinmd, the mn Mont video have net beek atte to deplete privatenr neler ran lool here inert motte here amy aM Culty With the lows Of thin country, Whit aherwe iteett fo welt wards ® witha tise Perey ie: tad © of Chega perio eaee st he oppor tape moment and without visting emg lew Oh! my td if we bat had the Chinebs lstends wher prodogive hemo! penton At the mime titer we Know that an setive and ings bas despatched frean the wy btly i he nth of France & vem arm her im that city, lor (nar of ee vigilanee of tor French sathoriues, Why tndowhietly tymyeth ee oth eovernmneet j secrieg what |. tae eritten ot the corm | fromm Cotbe We VOP7 Keak, has & fires cine eogine, nod ware | capable of carrying heavy sa'l. She whl struction in tho Mediterranean, and aftorwa the Canaries, Montevideo aud Chile. It hot be advisabl that a ves a miflion and a ball of fran na month in the Mediterranea is certain, for it would Which his cost nearly hai should remain longer t The Spaniards, French and perhaps ah wou \ hor, For some days we hav d that » h wan soon near Valencia, and + t she ts tron-clad to a light plat cithor sido of ber engine toavold making her heavy, that Lhave to communicate a ¥ rn, then, wi ne vessel wh attribute the behef t of iron which shi ihe Was not furl t » exutence in the suller for the country, whieh for sd of a bett Her with wild alarons, mr nals, the seas will ewarm with pr there aro positively howe excep ou, It may be that there aro othery of which If denorant, for it would uot be strange, since previous my departure from Chile on dred and twenty Vette knows how ma , and nob of marque we more have b I know that the Ch: vend privateers to Maui ang in California are hastening from Honolulu, and that this purpose Captain Linch, who ¢ from Claile w aria in the ber, went to San Fre in December. pain! How dex ly she is about to pay for her ras! Tho wfaire of the country ing happily, you will learn, The gover ul Ubab it w hot make peace except with bonor to It ‘There is a great deal of enthugiaem in Vera, M. writ me from Caracas that an alliance will be formed wi nada, when Freiro, the leruvs will follow, So O'Donnell mt ever faithful t ‘when + there in a pr a ak out ere for us trom Paria that he keeps ap ane in Madrid, that O'Donnell dexpairs hk ace. Chile, and that Nev an arc san found d R. also writ ake | Chit to th government by wteaner whieh went out today. God grant, then, friend, Wat this war, 80 unfortunate for all of aa, m be concluded, The bulclde of Pareja must have opgpe thetreyes Wo their folly. The wrongs which they dou us ap Wo the present ime are, nevertheless, Infinit pauish name will not be heard in Sou . coutary Tol La Yor de América, In the ne tue Uruguay question remembrances to Grillerme, Bost and D metrio, and dispose always of your aifectionate frie, 7H VICUNA MacKENNA (Signature imitated ) THE APANISN #PIRE SNAP AT THM BAUT. The above was oncloned a envelope prigt similar ( the ty and intrunted A habia of the agee Watehing his opportunity, Ub farce contrived to drop the important at tor, an if by aveident, in 4 street near th pout oft a moment when be wax but a few feat advance of two members of the Spanish seret servis Corpe, and no other persoun passing clome b Iwit took spleadidly, av the Chilean meeeug sow frou a building on the oppoate ade of w whieh he entered immediately after coming Bie ltt “drop 4a Of thny started to the Bpauish Consulate as owinuy thetr loge could carry them, with the extra weight by the conyietion of having diecovered a Chilean doe of importance, may be even asketel Of the op mys plan palgn; for the Chivan offtctal headi and the 0 eonoe suggested the eoudde: onal, of the ¥ he Spanie highly important discovery’ was cour wated to the Uolted Siates Marvbal ar to the Spanish otficale in Washington, Mine ile laer nue. Hence the departure of the Carmen and Iaabel THE OOF AMD THR LIP. The totter, wa belinve, 1h powesnion of th | United Buaer District Attorney, to whem it tr said have teen hanced a evidence to corroborate the charg: brought againet the Chilean in tho Meteor eas 1. bs estimated that the pr voyane of the tw rejaro |¢ Cute will not fall far ebort of thirey ther eand dotlare Tho above are the leading polute of this naceenat) farce of The Hiter Mit.” While the Spauiah agents are rejuiring ab their gor fortane, aud exulting ever the coming doom of the ir pressibi: McKeona, that astute son of Colle le in all pro Kling quietly to biinwelf at the eaxy mang © managed to outwit the offelals of her Me aud allowing them to have the sou Chak rina bien qué rira le dernier and disciple, orson familiar with the bawnts Spanioh oMeiahe, the Het eeen two and three o'clock yesterday morning To was dincovered in the forward hold of the steaue San Jacinto, belonging to the packets, lying at per No was quickly nm and the f hand, bat before the ame ven totally destroyed im ber wood work, tog with her carge, and in lew t pan hour after the fire broke ont » . wank siongride of wharf, where the reached op to hee mai and the fatnes were shortly afterwants eulbdue HL AND CARUO. od wtenmmer and THE DAMAGE TO Vee The Man Jorint » an iron-bente was houeht from the guve mt han furtyoight thewwnd a fhe was comm in Winslow Loveland, and owned by Meson A Alten The San Ja inte arrived wt the jay ® valuable ( aeurted mere banal awn home au 4 aed day wf oreo fy ght will be ren arn © ver rine. terror’ by the quartermenter on tet ot he hee end oho wn i the forward bateb. Think wae dowh (hp that part of the ¥ ot action the yen fon eereri ened exnl at the time, Ht was but of other ere st thal pate end hard terk the fames The threw pum playing steady +t tet they were the mention the Gomkey enpine war @ te Condi Bek to wort thee ae the emeineer, Mr (400 Ne me aO4 Berpomnt Mek eelt AY preeimet, with » large force uf pollen, tat the Gre Onpiasm Hare, wien the Mar A wamaleo papeens wih + ees vee bers ven Ip the born np ctoamer he eirewmn by rin preter ting vemned pemeRinTioN oF Tie a Tue wnamer Pen de . trootly thy cremnpemtl few 40 Ford, ond we wed by Live gon ernrwete Lot ards Of feat youre im corey im Or wree purie ta tie Mouth Ame Rhee ond swe fun er Yorckenes WT