The New York Herald Newspaper, July 17, 1866, Page 2

9 F'NANCIAL AND COMMERCIAL. a Movpay, July 16-6 P, M. jerable excite- Wall street lay osrees Fabrenbeit, » business was done. ‘Tho stock market open! moat this morning, and, notwit! stan boiling in a temperature of prices advanced rapidly, sd 4 Speculation is almost exclusively m favor of @ ise, and if we may judge by the general opinion the present movement will be a pro- longed one, and eventful in the history of Exchange. The great abundance of monetary «i their probable long contiauance assist and ai the same time furnish a basis for operations fora rsa, and the “bears’’ have scomingly joimed hands, Agurat.vely speaking, with the “bulls.” © early session of the onea board Erie sold at 414, New York Central 100, Michigan Southern Reading 1103, « 110°,. {inois Central 12856 a %, Cloveiund and Pittsburg 80%, a 7%, Cleveland and Toledo 110%, Rock Island 967, Fort Wayne 98%, Northwestorn 37 a 38% erred 649% a 6534, Odio sad Mississippi certificates 27K, Guuberiand 46% a 4743. At the first regular board the taarke: was buoyan’ closed 'y higher than at the op Satur: New York Central %, Reading s Southera 12%, Cleveland and Pitisburg 13, torn 1X%—preferred 1°;, Cleveland and Toledo \viaud 1%, Fort Wayne tj, Alton and Terre Haute i, Government securities advanced in sympathy with the rise of dive-twenties on the London Stock Ex- change. Coupon five-iwentins closed 3¢ higher—third issue |); coupon sixes (of 1831) 44, sevem-thirty notes (0? the tirst series) 4g—third sories At the one o'clock seasions tue market continued Slealy. Atthe hall-past two board prices in some in wtavces vowed adectine of 3; a 4; (rom the highest point of the day. New York Central closed one per cent Higher thon at the trst regular board, Michigan Central % wt Central 3¢, Obio and Mississippi eortificates closed 3 lower, Reading \, Hudson River 3%, Southern 14, Cleveland and Pittaburg %, North- —preferred 4, Kock [sland 4s, Fort Wayne “rnment securities were quiet. Coupon five- 9 6 1862 declined 34, third issue |j. Seven-thirty © steady, Coupon sixes of L881 advanced 3. pon board at hulf-past three the market was moles Av th sivady, except for New York Central, whieh advanced to 10, Erie sold at 74a 4;, Hudson River at 115, Read. ing LO 4 %, 1 BG a §, Mlinois Cen- Urn! (H. ) 12975 wud Pittsburg 85%, Cleveland und Toledo LL, Rock Island 97, Northwestern preferred, 4. Kort Wayne (5. , Westera Union Telegraph §i% Afiorwards Erie suddenly broke to 703g, then re- covered & and {) apsed to 70%. With this the rest of the ma ’ sympathized, but at aif pat five o’clock it was firm at the under- montioued quotations:— York Central 101% a \,, Hrte 704) a 71, Hudson River 114 a 44, Reading 110 1; a 5%, Limos Central 123 a urg 843; 285, Cleveland and « Island 964; a %, Northwestern Vort Wayne 983; a 99, 2X, Re preferred 64% 9 65, 36 a Oiio and Miseissippi certilicates 27) a %, Cumberland 4655 49%, Quicksilver 51 a %. ‘Toe ly of money available for use on the Stock #xchauge Las been iu excess of the demand, at five per cont, and no important, exceptions at six were reported, but towards the close of business afew Dalunces were loaned ot four First class commercial paper was quoted at 63; a7 per cout, The statement of the associated banks for tue week eudiog on Saturday last shows a decrease of $3,999,601 in legal tender mows, aud gn increase in all the other items— mawely, in the loaus in the deposits $1,390, in the circuiat $507,642 and in the specie $2,586,418. 1 latter is attributable to the disbursements of the Sub Treasury on account of tue July coupons and iu a minor dogree to the receipts of specio from California. The details of the present ‘y the Nova Scotian. Five-twenties, which wero reported by the America at 65a 34 on the London Mook Cachauge on the 3d inst,, ant upon which we based our remarke of yesterday, bad advanced on the 6th to 67 2%. The quotations for-consols an@ American se- eu es were a@ subjoined on the dates mamoa:— S June 28. July 6. Gonsols 967% a 87 87: 0 2 67 77 3834 a 30 on the street early in the morniug, but the opening quotation in the Exchange room was 148%, from which point there was an advance 10 169%;. The market, howevor, lacked strength, and gradually deciined to 148%, (ue closing quotation. Loans’ were made without interest and at 2.45 per cent for car- wipe saa * foreign exchange market was firm but dull, and ‘05 vawors wore indisposed to lower their rates in COMSEG@unge of the rise in five-twenties abrwad. SIXTY Gayq dilly on Londou were quoted by thom at 169%/, short sight 1103, ; bul there were fow or 7 bayers #| thete rates, and second hana reed long date Ditts oa E&riand were soid at 10%. The advance of five- twenties © 67 a % in London leaves a margin for Proilt ic the shipper of 6 « 61, per cent at the present prves of void and bonds, and vut for the sense of ipsecurity which provaits regarding the stabiiyy of vatues, or rather of prices bere and abresd, this Af. ference would operate as a strong inducement in for of sbapments from this side. ut eval ander prosent oircometances it is likely to exert «@ influence in mak- fing the prive of five-twenties ler? and tm London ap- Proxinate more closely by advancing them on this side, and there is ® geseral e:pectation that the bonds of 2962 will von toucy 10; bat this will be impossible without a firm market for gol! ‘Vue National Currency Bank bas this day declared a @ dividend of €0 per cont for the last quarter of ite fiscal reay 20d carried ten per cent to its surplus account. Wo mesvon this fact simply to Ulestrate the poverty in whit |e national banks {nd theimselves, aud upon the wre of which Chey recently petitioned Congress v re- dace the burdow of taxation restiog upon them, In oar opinion tue taxes on their circulation, capital and de- posits onght to be increased insioad of dimmished, fend the heavy subsidy they are now reelving in the of interest on their bonds 4eposited as the tase of circulation should be abolished. Fae prevent Congress will bo neglecting its duty Mf Wt falls to amend the Nations Currency act in this Amportant particular before “s adjournment; bat the probabilities are that # will neglect its daty. Neverthe- ve very loug before the people demand mat the ballot box, and this will involve tion of all the privileges now conferred patonal banks and the substitation of legal Lenders (or el! the national bank notes in circulation. There #0 project before Congress for ostablishing an Basucaves Horean at Washington co supervise insurance eompanios ova withdraw the control of the eamo from the wepec!ive “tate goveraments, This, we think, is not 90) univ eable on general grounds, but an unealled for (otortoroncs with State author The Insurance Bu. oa, not being Wanted except by afew interested parties, should oot be created, and the States are much better able to look after thelr own jnaurance companies than the governmont at Washington would probably prove Heerlf to Potrojoam and mining shares were quiet, At the see- ‘en: board Consolidated Gregory closed at $19, Downie. ville Goid Tle., Gunnell Gold $1 07, New York Gold $1 30, Bmith & Jee $0 40, Quariz Hill $4.25, Webster Pe- , Bewneboff Run $7 70, Central 62 35, United States ‘Tue business transacted at the SutTreasury in this tily to-day was as follows :— Reosipta. $4,229,643 For customs 00" Payments 10.2%, 748 Gold notes. 970,000 Balance 98,350,002 ‘The cash baianee in the hands of the Assistant “Teas: earer in Poston at the clone of business July 14, wes $10,- 817,565, an incresee of $190,613 as compared #ith the close of the previons week, Of thir amount $6,817,887 ‘an Increace of $168,117 over lad report. bon tsb pee my Boston (Or fhe wook ond. otal value of exports at barton including specie, wt $212,787, against ing July 12 gu ot the correspondiag Week in 1985, Sadge Yorget, of the Cronlt Court, syting at Vicks burg, Mise , recently decided that the comoration of that city had ne power to tax the natiqnal bank there, either for license or upnn tie stock oF cuttent business, bdcanse pach taces are reprenant to the et of Congress estab. ening and regulating the nat oval baoks of the country. Now fork Stock wina* sasetow—10: cp is =) sks 4810p 10054 600 ped w 0 jojoay, July 16, 1964, Heating RR. 111 ¢o..24 call 11h . Ms 900 US6's5-20¢'G2in 107 250 Afieh 35000 do,........ 407% 1000 Bi So & N UB. 22000 do,.2d Cali 107}, 200 i v0 8%, 2000 U3 6's5 Buc 1054 100 4000 US ti's5-20: 800 do. .2d call 20060 Tr ns, 7 3101s 1200 Cleve & Pits RR 86 10000 do. 2d series 104}, 300 fC eaegytcis a, 45000 do. 3dseries 1044; 200 do. 1000 Yen's, uew.. 703% 20 Clev,Col& Cin RR 18 10000 do. wm” 30 0. e vss ceee MTK 5000 do... 2dcall 702{ 800 Lil Ceutral BR... 12%¢ 1000 Tenn 6's'90ecp Th}, 00 . 128% 6000 docx ducp 92 100 ‘ 330 oe 0 Virginia 6's... 67 100 0, ++. 1283 1000 Ni 8 f 85 20 do. ..2d call 124s, 04%, 300 do, . 124 Miaseer 27% 300 » 123% 30000 do. .zd cul! 27% 1000 Chic ANWRR. 37 10000 du... .D10 1000 aeacecae AG 1000 Alt & fer H ine 100 do...2d call 37 6000 ‘Tol & W 2d mig 100 do. + 36% 1000 F FLW&O2dm 96 350 do + 86 30 abs Fourt N Bk 1043, 300 Chis NW RR pret 6545 10 Morchants Bank, 109 18 do.. . 6 11 Centra! Nat Hank 108 400 40. 65: 160 West Union ‘tel... 50 do. 300 do. 38 G0... .3 50 2d call 300 Wyg Val Coai Co 400 Atver Coal Co.... L Pitts, FW&Chi RR do, 200 do. 100ANATHRR pref 64'4 200 do... + his 100 Chi & Alt 103 ‘ 200 Chi & Alt RR pref 1043, SECOND S#s310N—I1 P. M. $20000035's,10-400.. 99 200sheMS&NI... 835 20000 Tonn 6's, now, 71 600 Chick NWRR. 36% 4000 P, Ftv & C Bd 89% 500 Cule &N Woref. 654 100shsAtlanticMS Go, 117-100 Cleve & Tol RR.. 111 200 Boston Wat 25 0 veseese MUM 500 Erie RR. 1000 Chic & RI RR. 9735 300 do. 300 Pitts, FWA Chic 993% 11 Erie RR pref. 17 100 Chic & Alton RR 102 100 NY Central, .b30 1005¢ THIRD SESSION—2:30 P. M. $10000 U 5 6's, '81_c 109% 400 ans Reading RR. 110% 40000 -6's,5-20 ¢,62 108% 300 do. 360 111 16 20 105% 200 Michigar 1043 800 Mich 100 do. 200 MMlinois: a 200 Cleve & Pitts Ri 600 Chic AN W RR. 354 10000 0 & M cor. 1500 Chic & NW pref 6535 2000 do. 500 do 65%, 100 shs pret 4645 do. 600 Quick Mining... 511g 100 Clove & T 300 Atlantic M 8.b60 118 600 do. 200 New York Cent. 100 Chic & 200 do. 7” 100 do. 400 do...’ mm 40 do, 100 Hudson RivRR. 114% 1000 Pitts, Fi 300 Reading RR. 1105, 100 Chic, B& Q RR, 2000 do... 3 COMMERCIAL REPORT. Movvay, July 16—6 P M. Asuxs.—Reccipts, 42 bbls. Wo havo ho sales to re- port, but the market was steady at our last quotations. Breanstorys.—Receipts, 15,481 bbls, flour, 40 do, corn meal, 7,200 bushels wheat, 195,789 do. corn, 64,288 do. oats, 14,875 do. rye, and 540 do. malt. The market for State and Western flour continued dull and unsettled, and prices were lower, choice und inferior grades having declined fully 30c. per bb!., while mediam and good grades were 10c. a lic. per bbl. lower, The sales were confined to 4,500 bbis. at our revised quota- tions subjoined. The market for Southern flour was also heavy, and lower prices wero accepted, though there was rather more business done at the reduction, the sales being 700 bbis. Canada flour continued quiot, and a further concession of 10c. a 26c. per bbl. was ‘with sales of 800 * flour 1, te fh TN 38 Sa-re. Seasksssessers Py Fe A 3 t 5 3 if HEE Hi Hae >Bsesunseeusssse i &. 1 i i 2 i z ‘= ly eu tit fn iF : i [ u J He afte I stock i In other descriptions of coffee there been a fair tine das business. out no special movement. Holders of nearly ail kinds are very firm. . , yon steamer's news, showed improve- ment in’ af respects, ani at the close the market was Duoyant aod firm at a decided advance, as sown by ove revised quotations. The sales comprised upwards 2,000 bales. Receipts, 6,910 bales. We quote: Florida, Mobile, N.C&T. 2 30 30 33 ra “a 36 a7 37 ead 38 38 ~ 30 1} and heavy. The engagements include :—To Liverpool, per steamer, 30,000 bushels corm at b3¢d., 90 bales cotton wm 3-1éd., and 50 hhda to- baceo at 235. 6d, To London, 50 htpls. tobacco at 22s, Tr 000 bushels cora at 6d. Italiag pric to Peaarth Roads, corn, 3a. 74d,, toa port in Bristol Chaunel, and a Swe- dish: Ly Aya sae arteer, e708, bai if to a direct port bed we heard of separate from supplying the re cular jobbing trade demand was'the sale of 100 - vado at 55c, Naval Sroens,--Crade turpentine was rteady at was in moderate juest at a for 5 BE tori Beef was in moderate demand, and firm. Fales £00 bbis. at $16.8 $21 50 for new plain mss, fan's) 0 $26 80 fer a eet and voftinal at $46. 1 of moment to report, bal ‘The market continued dul) and po report sales of b ebemay | ms = ualty. Butter was w at 200, den, ant 2ic, a 400, for State. “Cheese was dull and heavy at 60. a 22c. for common to choice. Prtouaey.—Crude #as dull and lower, being offered at 2. with no business of importance at the reduction. Bond-\ was steady at 960. a 37¢, for primo light straw to white, ed 38. for standard white, sales of 600 sugar we not Cy So steady, but prices were nominally uncha The sales were only 476 hhds. Cuba musco- vado from 10\se. a 12igc.; and 40 bxs, Havana at 10% le. Refined sugar wns steady, but quiet. The — woig chiefly at 16%\6. for standard bards, and 15% for Ae , ere. . mi, ry} me but steady in price; sales 20,000 ‘TaLnow Yas And searcely eo firm; sales 65,000 ib Ih at 12), por Whiskey. Receipts 376 bla, The market was dull and prices wre nominal, at $2 20 26 for State and Western The Hoboken Ranking Case. A NBW COMPLAINT .GAINST G, W, CHADWICK—HE 1S ALLEGED TO HiVE OBTAINED ONR THOUSA! DOLLARS WORTH @ WATCHES ON A FRADULENT DRarr. A new complaint wee yesterday heard before Justice William Dodge, of thy ferson Market Police Court, against G, W. Chadwick, bY George Frits, of Now York. The complainant stated that Gaqwick fraudatently and falsely represonted that @ certaldrart dated Now York, May 2, 1864, for $1,000, at sixty sight, signed by F. | Willinns, and drawn on the North Rive pank, Hoboken, iN dy on G. W. Chadwick, 98 wo and be paid, the same being only’, & a6, and oP and wou Chadwick on of about June 1, 1 wick did thoreby induce one Horace Part ton, to part with a quantity of watches (0 NEW YORK HERALD, TUESDAY, JULY 17, 1866. the other ‘offence alleged | $1,000, by means of said false and fraduient draft and false pretence. In accordance with these facts Justice Dodge yesterday iagued a warrant Jaced it in charge of Sergeant not been discharged for , for which he will be araigued for trial at the Supreme Court, Chamnuers, before Justice Clorke, this morning at eloven o Lott and Gilbert— They Declare the Law Constitutional— Proceedings Taken Against a nday Paper—One of the Proprietors Arrested. Judges Lott and GiJbert delivered their decision in the Supreme Court of Kings county yesterday in the cases of John H. Ketchum and James Do Vaucene, who were arrested for selling liquor without license, and whose discharge from ¢ustody had been demanded on the ground that tho statute under which they had been arrested was unconstitutional and void, After Judge Lott had delivered his decision Judge Gil- bert remarked, bofore rendering his, that after examining the case very carefully ho had come to the same con- clusion as Judge Lott, that the law was constitutional in all respects, and fits violation was punishable by fine and imprisonmont. The only difference between the two cases was, ho said, that one was oharged with selling applejack and the other with selling gin. The following are the opiaions of the Judges in full:— OPINION BY JUDGE LOTT. It appears by the return to the habeas in the corpas matter that Do Vaucene is in custody.on a complaiut on ‘oath made to & police justice of the city of Brooklyn, alleging that he, the said clipes id. on the 10th day of July, 1868, at the city of Brooklyn, unlawlully ‘soll and dispose of a quaniity of stroag and spirituous liquors, to wit; @ glass of applejack whiskey, contrary to the provisions of the third and eighth sections of an act entitied an act to regulate the sale of in- toxicating Liquors within Dtrict of the State of New York, passed Apri; 14, 1368, nidd, and it becomes necesrary for the pro} the Motropolitan Police None of the facts alleged im (he return aro de- ir under- standing and congideration of ‘its offect to refer to some of the provisions of the act mentioned in the complaint, ‘The first section of st constitutes and creates th: persons who are and from time to timo shall be Cominissioners of the Metropolitan Board of Health or Board of E: C1se in and for the Metropontan Police District, excepting and excliding the county of Westchester, and declares that from and after the passage of this act they alone shall duties possess the * of Commissioners of Pe and perform the Exciso within said Me- ropolitan Police District, except in said county of Westchoster. ‘The third section then declares that from and after the 1st day of May, 1966, no person or persons shall within the said Metropolitat Police District, exclu- sive of the county of Weatchoster, publicly keep or sell, give away or dispose of any strong or spirituous liquors, wines, ale or beer in quantities of less than five calloni at atime, unless as he or they may be licensed purst ant to the provisions of this act, and may be permitted by it; and the fourth provides that the aad Board of Ex- cise shall be subject to further provisions heroof; have power to grant licenses (0 any petson or persons of good moral character, and who shall be approved by thom, Cpe « time any one named piace within the said Met District, exclusive of the county of Wesic! vhe same ©! him and them for one year, from the all be granted, to sell and dispose of at litan Police ester, strong and apitituous liquors, wine, ale and beer, in quantities not less than five gallons at a time, upon receiving a license, foes to be fixed im their discretion, and which shall not bo less than $50 nor more than $260. ‘The eighth section prohibits the sale by persons baving such licenses on Sundays, and also on any day upon which a genera! or special oloction or town meeting shail be held, within one-quarter of a mile from the piace where the same shall be held, The sixteenth section declares that every person who shall violate any of the previous provisions of the said act shall for such offence be guilty of a misdemeanor, and, on conviction theroof, shall bo nished by @ fine of not less than $40 nor more than 3100, or with imprisonment for not !«3 than thirty days, or by bei such fine and imprisonment, and, in addition thereio, shall if te z i faa ¥ | i I ul Ee i 2 “2 24: § é ig : ‘ope w im reference to af A i 13 i A fee BE HE fe i 38 i = Es A z & l 3 Hy : | "i i for each £ Pikes 3&5 aeE Eas : rl EF | “it ‘ E 5 x : i e 3 i 88 its FEE other matters in which they are inconsistent, to roguiato a subject of vital interest co to the whole community by two acts instead of ono, and it is substantially the i jon as a single Iaw would be, wich dociared shat aaio of arient and spirituous liquors in one portion of the ent rexutal tho act ia local one, it is Topol State should be rogulated in one way and in the residue im another way ions, If, however, it be concescd wertain differ. that valid. It does ritaows fh ‘als, or beer, montionoed in ae within the Me- tan Police Dintrict and ‘ouclusive at este! H Westcbestor; its different provisions all tend to that end, and the title sufllciently ex to the whole of the Metropolitan com| 3 So far as relates is substantial doos not that wahjeot, Although it rofers dinrict, and the 22 0, |. Rep. C. 1b, ‘p. 405, &. | The Baio.” p. | 184, ko. the third section to the sale of liquors ited the same as the old ‘eecins law, and 18 merely @ regulation of such sale, and it is entirely dif- ferent whens vy prohibitory law poe “An = for the Prevent! intemperance, paupertsm and crime, Which was deciared tobe ncoestitutional in the cases of Wyncharron va tho Peo and The Foople va. Toynbee (3 Kernan, p. &c) Tt must be doomed as a sett ed it is Sompe- tent for the Legislature to regulate the sale and | ition of spirituous lquors, That srincipie waa fully recognised by the Court of two Tt is ti keep any that somo inj and ¢ tained in the aame sect and separable, 0 that Inst fall. The potn tained in the same rection, ing the pny of er of arrest pe ace in which there shall hive been are unconstituthhal, and not deem express prov sions are distinct end bave po with that under which the question turn in this case. cases last cited. and cannot now be insisted that certain paptic closed any violation the tho not, entice act a necessary the any opinion of of ite provisions (5 Gray's Roport, p. he unconstitutional sections ia purely mrtifieial, therefore theas questiows. It ts well nettied may, nevertheloss, enforced as to the residue, The rule ont! woll stated by Judge Sheldon in the case vs, Toynbee (3 Kernan, oral rule on this Ww ia in confhet with the constitu tutional part only and it was said by the court in Com) he even be con: vad yet be perfectly distinct fi 441). ts, that where & and the law reguiat- baving Soames 2 Eat and void. to cmmider or t9 rainod Tne 1 dnelosn ye valid, aod ‘He there says may rtand though the is not whether they are con for the distribution in bat whether they are inasparable and connected in substance. ementaly o c ised by the roturn the sale De. Yaucene if: ardent F-' tM Ses liquore mentioned Ureroin without 8 | Iftonse granted by the Commissioners of the Metropolitan Laat of Health, 90 a wo — and imprigonm the complaint je on bite, Bech BR bubiied Wy ae oad 8 de clared to be an offence ishable by fine or im: ment, or both. The ‘nck constitutes this a distinet separute olfencs, having no connection with any ouher, and if the viows above expreased are corr ct, it follows that De Vaucene was properly held in custody under such complaint, and that ho was not im) iy and restrained of his liberty, and consequently that he is not entitled to a discharge. He must, therefore, be re- manded, and all further proceedings in the court be dis- continued. OPINION BY JUDOK GILBERT. In re John H. Keichum—Gilbert J.—The return to the writ of habeas corpus shows that the potitionor is held under # warrant of arrest issued by the Justice upon the sworn complaint of a policeman, that on the Tb of July instant, in the city of Brooklyn, in the county of Kings, the petitioner did unlawfully and pubitoly keep, sell and dispose of a quantity of strong and ‘spirituous liquors—to wit, a glass of gin, at his place of business, No. 12 Fulton —, contrary to the provisions of tho third and eighth sections of the Act to Rogulate the Sale of, lato: Liquors, &c., passed April 14, 1866. The discharge of the pei- tioner is demanded on tho ground that the statute in question is unconstitutional and void. 1. It is said that ‘the statute does not conform to section 16 of arucle 3 of the constitution, which requires the subject of a local bill to be expressed in the title. Ithink this objection has no baais in fact. (People vs. Liederman, 36 Barb, 177.) Besides, the article is not local’ one within the meaning of the constivu- tion. 2 The counsel for the petitioner admitted, as all must admit, that the prohibition against gelling strong Or spirituous Liquors, in quantities tess than flye gallons ata timo, without a license, is valid, but he contended that the whole statute rested on section three, which contains this prohibition, and that because that section contains other and distinct prohibitions, which tho Legis- lature had not the power to impose, the whole statute ts void. I cannot assent to this proposition. It is unsound in ic a8 well as in law. The third section of act in question vides that no person shall publicly keep or sell, give away or dispose of, any strong or spirituous: eee, &e., without a license, and makes every violation of it @ misdemeanor. The potitioner is charged with selling a lass of gin without a license. The power of the Legis- Tone create this offence, and to punish it in the modo preacribed, is unquestionable. It was indeed said, on the argument, that the right of disposition of liquor on hand at the time of the paseage of tho act was absolute, and that the Logisiature had no power to impar this right by requiring a license to be taken out a8 @ condition of selling it in quantities less than five gallons, But this proposi- tion was not p that it has no founda‘ion in law. then, that the act with which the petitioner is charged is a legal offeuce, and punishable as such; the precise ques- tion presented is whother the circumstances that the Legislature incorporated in the same act other and dis- tinct provisions which they had no power to enact, viti- ate the whole statute, No authority for this proposition was cited except the case of Wymbance, in B. N. Y. R. On looking at that case I find that, 80 far as it contains any allusion to this subject, it is an authority for the re- verse proposition. The rule contended for would be repugnant to reason and common sense, and Iam satis- fied no such rule has been or ought to bo established. Mr. Sedgwick, in his treatise on statutory and constitu. tional law, says:—“ The principle that a statute 1s void only so far a3 its provisions are repugnant to the const! tution, that ail provisions may thus be void, and this rt affect ‘other provisions of the statute, has been fe- quently declared.” (Sedgwick, Const. Law, “The principle is now well understood,” says che Supreme Court of Massachusetts, “that when a statute has been passed, some part of which is not within the competency of the logisiative power, such part thereof will be adjudged void, while all Z the act not obnoxious to the same ones will be held valid. (fisher vs. McGee, 2 “ray, 29.) Hf it bo admitted, then, that the </Rielature has not the power to prohibit the Publicly keeving or the rriag rey of lique% or the selling to minors, &c., or to authorize Ne necessary enforce- mont of the law in the mannor.sd_by the means provi- ded, it does not foliow that # transcended its powers by making the sale of gin by 2¢ giass, without license, ap offence punishable acceding to the ordinary farms of Jaw. The question o/ the validity of the other previsions of the statute to waich allusions have been madeis not Deforo me. Whwe I have decided convictions respecting them, I do not for this reason think it proper to oxpress thom: The petitioner must be remanded. A SUNDAY PAPER ANTICIPATES THE DECISION AND ATTACKS THE JUDIES AND DISTRICT ATTORNEY. After Judges Lot#and Gilbert had dolivered their de- claions in regard © the constitutionality of the Excise law, District Arorney 8, D. Morris addressed Judge Gil- hort as follovs:— pr lease I think it proper at this time that I should call bb attention of the Court to 3 Z and libellous art‘cle which in yesterday's Kew York Sunday sivas tie iereoaings tv yt sourae of fouratlan course of joui there never was a more groas, ton, unprovoked, ma- make an zs a lady a aint whom utter the falsehood: referene to her that this mean, miserable scamp bas been guily of should be punished. Tf the court hag any power is bo put in force, Judge Gilbert—The Court will determine hereafter ‘whothor it will eutertain themotion of the At. ‘Prney, general rule, pebaps it will be well eno; t tako mo notice of matter: of this Kind; for it is dift- lt, 1f not almost impossibe, in the midst of so much licentiousuess of the press a prevails to pay much atten- jon to them. The burdm of this wooms to be at because @ man 48 ® democrat he should qonspire to dofy and overthrow the law. Wo do not understand that sich ever bas been or is now a Principle of the demoerstic party, of 4 democratic judge tat he = be “ sound Pay nent haay ing citizen. In re course that ould be pursued in reference to ‘acetate, it seems to me thatthe District Attorney shou!d take the remedy by indetment. Hewever, wo will look into the matter aud determine hereafter whether it is worthy of notice. ‘The District Attorney then announced that be bad ob- Gir etiors of the Sunday Meraerys aad the. warants were in tho hands of the police. ere THE ARNEST. One of the proprictors—Mr. William Cauldwell—was amoated by detectives Corwin and Frost, at three o'clock Yatorday a'ternoon, He was taken vefore Judge Dike. mn gave bail in the sum of $1,500 to answer. fhe premises I move that Tecisions in Suprome Court—Chambers, Beforo Judgo Clerke. Jour 16—The Poople ox rei. Edward Gobhard va, M. 1 Brennan, &c.—Mandamus ordered. Wm. B. Coleman and others vs, Second Avenue Rail- Tad Co, and others.—Report sent back to referee to pertain if any amount is duo to Sealy, and if any, whet Aaount; sight days’ notice of hearing before to pe eapgy Oy | winniptha a Avenue Railroad Com- a m ail ot to remain as it Wat Wenn andeerene ‘rancis W. Roe and others va. Cecilia T. Allaire, — Mtion to set aside inquest granted on payment of $250 peng fa) oy a pt ering rm it; ‘ponden: sibalating to have’ the imueg ined in October en PP oadt BO and others vs. Geo. W. Niles and — for receiver granted, with $10 costs tote event ver $10 to los Warron vs. Charles S. Smith.—Motion denied wihout prejudice to the defendant's right to move that { persons who now bold thy money should be com- Péled to doporit it. $10 costs, to the event. Joueph W. va, Thomas Cornel,—Motion to con- “4 pid to detondant, 0 ” loum Company. — Mtion granted on payment of costs of entering up Jegment and $10 costs of motion, anne $ Little ve, United OM Land Association. — ie mm Mi . iments propowed on behalf of defend ‘iam Van Wagner va. Joseph Sprie.—Motion to nit’? ‘Ajunction granted, with $10 coat, to abide the Ta the ma. diimony, &c.—Kdhe petition of Marietta M. Fuller for amount of alimony shows. ordered te ascertain what Kdward A. Green and other? vad, ‘Sd others. ona ae atay Of procetana Mill Co 10 costa, to abide event. r ween nearer vs Jolin Teaver. —Report of roferes €Oh- fir nd judgment of divorce granted. WA. Behrendt va. Petra Moreno Behrendt.—The same Houeg Polaschneiter vs. Carl A. Rolnseb never. —The same Eugenechane vs. Cecilia Chane. —The same. tome in preme Gourt—Speeial Term. ‘ore Judge Dar-tes. People of be'Suats ot Naw York vs. the Harlem ordhary Railway Company.— itled, t- y a ee the jh costy and judgment accor ingty orvored. (8 Mire dacision and ressous for the oamne.) THE LORD BOND ROBBERY. Amother Chapter in the Case—A Pawn- broker Implicated—He is Held in Ten Thousand Dollars Bail—Al Thott ef War Loan Bonds—They are Traced to the Pawmbroker’s Possession—Ten Thousand Dollars Bail Required on that Charge, é&e. Several weeks ago Mr. Rufus L. Lord, the wealthy broker of No. 38 Exchange place, who, on the 7th of March last, was robbed of one million seven hundred thousand dollars in government bonds, railroad and other securities, appeared before Justice Dowling and made an affidavit against Dennis G. Ferguson and John Lynch, the latter a pawnbroker doing business at 78 Grand street, and thé former once a clerk with Lyneh, charging them with the theft of the bonds. These parties wore suspected of the larceny from the fact that early in the month of May Forguson was arrested at the office of the American Express Company by detective Kelso, while in the act of ater to Mr, Ciopp, of Detroit, a $6,000 seven threc-tenths Troasury note, which was subsequently identified by Mr. Lord as one of the bonds stolen trom lim. Search made for Lyncb immediately after Ferguson was secured, but without success. Quite recently, however, Capiain Young, of the detective foro», and Captain Jourdan, of the Sixth precinct, arrested Lynch on the original chi preferred by Mr. Lord. While he was at large, Mr. PP, of Detrolt, made appeared before Justice Dowling, & deposition setting forth that he had pur: chased from Lyneh two $5,000 ceven three-tenths od sury notes, and bad ordered the third bond, which he never received. It was this iast bond that was found in Ferguson’s possession at the time of his arrest. ‘The bonds which Lyach sent to Mr, Clapp are also alleged to be the of Mr. Lord. In another affidavit made by Mr. Clapp he swears to purchasing Michigan war loan bonds from Lynch, which bonds proved to be the a of a burglary committed on the residence of Mr, , of Poughkeepsie. How these stolen bonds came in ion of Lynch has not yet transpired. Below will be found copies ef the affi- davits mate by Mr, Clopp:— THE AFFIDAVITS. Samue! H. Clapp, of Detroit, Michigan, being duly sworn, deposes and says, that in the months of Novem- ber, 1864, and January, 1866, deponent had business transactions with John Lynch in buying securities; that in the month of April last deponent went to saf@ John Lynch's plico of business, No, 78 Grand street; that while thore Mrs. Lynch, the wife of the ’ said Johx | Lynth, asked ‘deponent to buy — from her& $5,000 seven three-tenth Treasury note; that de- posent went yith her into her business room, and there agteod to buy the same from her for the sum’ of $3,390; Vat as depoueat was going out of the place he met the said John Lynch, who remarked to deponent “that he was going to buy ‘that bond,” calling it by the name of “watch,” and wanted deponent to loan him $2,000 and he would give deponent four per cent a month’ for the use of the same; that deponent went away, obtained some mouey, returned and purchased the said bond from Mre, Lynch, givieg the sum of $3,800; that when deponent paid her she said that she bad another bond of the same denomination to sell and wanted deponent to buy 1t; that deponent said he would if she wouid send it by express, whieh sale was agreed to; that deponcut then went west to Detroit, taking tho bond which he had bought with him, which boud was numbered 3834, to the beat of his knowledg:; that a# soon ag doponent had received money enough by the sale of the bond which he had bought he telegraphed to send him another “ watch,” meaning another bond, and the one Mrs. Lynch agrood to send, and sont a draft to Mrs. Lynch tor the same; teat in about three or four days deponent received be ex: pros from Srs, Lynch a $5000 seven-thirty bond, num- Te%2104; that deponen ordered from Mrs. Lynch ano- ther $200 seven-thirty bond which h» never received. Mr. Clip also made the following affidavit, in which ho seus for in the month of January last he beught from Joho 2ych, at his place o' bu-iness, 78 Grand atreet, ten bd ypeand dollar Michigan war loan bonds, and that on og after he purchised the above he oe os vir loan bond Lynch four five hundred dollar lichigan war loan bones Nos, 247, 248, 249 and 250, THE e1S0NER. On being arraigned before Justice Dowling, Lynch was required to ve 510,00 bail en each Compleat to await the result of an exammation, which will soon’ be had, ign oy 2 ‘oe sists was born in Englund. In wet adunitted to bail soon after mo. euilly. Forguson Meeting of Billiardist., MEW ORGANIZATION 70 BE FORMED—A wey, MENT TO BE PLAYED. Yesterday afternvon a meeting of the State champions of billiards wos held ai tho Metropolitan Hotel for the purpose of inaugurating a new organization, the object of which should be to promote annual tournaments of the vest professors of the noble game. Among those present: wore Michael Phelau, Mr. Gavit, Mr. Hubbell, Mr. McDev- itt, and several others, Those champions not present were ropreseated . Mr. Hubbell, State champion of Connedticut, was ‘ bear ey trp tbonetg was intod secretary. r @ littio preliminary con- Salen the following resolutions wero unanimously ‘THE RESOL Aeaol That wo ‘hereby form an to by m ag the Assosiation of the Stato and Provincial Billiard eee in, at whee, by tne el 1 . amente, at which, by his akill, will be de champion of the for the'ourrest year. perties entitled to contest in these encounters are Provinotal champions then {n actual possession wi of such championship, and persous hold a State or Froviacatexe, with the honocary title of ox. ‘Resolved, That the frst annua}. or tournament of bald in the'cliy ee New Tork during’ (he mane of atone ‘That tt be in A the Amarin Hilisra Congress of aa, The Hi details of arrangements for the Placed tn the hands of this commuttee aud ‘manager, with full power to act, t the prizes tn the first tournament to the winner of the g:estest oum! of ye title champton of the champions of the wiuner of the next greate: w of to the Porson maklng the Lest general average; mak! ¢ highest ran; but in no awarded (2 the sate Individual. bo Messrs. Hubbell, Foley and Daniels were then ap- Pointed committer men, and Mr. Gavit was ununi- monsly olocted manager. It is proposed to hold the wur- nament in ‘he month of September, and it is expected that some of the fincat playing ever witnessed will be seen on that uccasion. a i be four in m of Three Mexicans at Browns- as—A Horrible se: at the Ww [Brownsville (Texas) correspondence (June 22) of the New Orleans Crescent) bday tganled ed the Cig gh three Mexicans, cont murdering persons ip this city during U tina's raid on thie side, im the year 1350. AB twas 6 different styic of execution from any I had hitherto seen, Twit aad a brief account of it, Prom early morning a dense crowd nssembied as near an = to the prisou. ‘The mob was composed chietly of, 8, Of Hoth sexes and all colors and sites. ‘This was an execution under the civil or criminal jaw of the State—the military had nothing to do with it, But the Sherif, after summowing together about oue bundred of the citizens of Brownsville, was well satia- fied that that band could not reast an attack of the Mexican mob, if they should make it. (The great macs of the lation in Western Texas are native Mexicans, and I believe they are in the :majority in and around Brownsville. They morally hate to see any of their the crime, straug up by Ps i Fey. ent . Soe Teecue was in- 7 to i for military ass! which was promptly rendered salience ‘The prisoners the prison, accompanied by a priest, seated on their coffing, in a cart, after the usual fash! escorted by Shon Dye, City Marshal John Price ( New Orleans) and his one hundred citizens ali well re- xoreares and colored troops all round, with tr.ggere and gallows, stout and fresh, with three stout ropes dangling, stood in the prairie east of the city, and was surrounded by the military thax:—A hollow square about 4 quartor of a mile wide, four pieces of artillery planted on the iront side, a battalion of cavalry on the hind side, anda iment of colored infantry on hh of the other sides, all equipped and ready for instantaneous action. And around all these pickets of carbincers, with breech ae and beef hammer. never expect to see a surer thing than this exocn- tion wag, The photographers, who hed been pestering and ‘“‘taking’’ the doomed men in prison for several days, were yet on hana, in carte, with their apy jas, to ‘take"’ them one time more, in the centre the final coup d'aril. Talk about the Jonkinees of the prem! The Photographors beat then: by about 4 thousand degrees. The prisoners showed the full share of Mexican or Indian cootness and bravado. Thi oat fold nimbly, and not being pini ed their hats to the muititude, wirich « of all the military and all the population of Brownsville One of the prisoners, on his way to the gallows, shout- od out that it was ail right, he knew he was to die, but that Cortina would have the blood of every individual concerned in his death. The same man sald, when on the scaffold, when Atvericans caine to be hung they cried and behaved like babies, but that Mexicana could die Hike men, and he intended'to show it. (This alluded to Rogers, the Ohio soldier, who was recently hung, erying and sobbing like a child] After the nsual legal and pric through with, the white caps were drawn over the doomed mons heads, and the foil, The fall was about six feet. Two of them «wing dead quietly, with broken necks. Tho third, Florencia Gara, struck the edge of the platform as he fell, sud after sustaining the weakened jork of the rope, raised one band and then the other to the rope above his heat, and lifted himenif up a little. The executionor lay down on his belly on tho platform and reached down, and afver a severe Struggle wrenched the dying man’s hands from ape was Wed bim up enough to readjust the noose. Then ‘The scene WR Ann, ADd ina miuate or two Garza titude, At the galiow® voter three men Were bung unpiniones the thing had been overdow smith, tu ebopvin of ete a y lncerated their ankle bag (Aw upon this whole spectacle as an interesting evidence of the state of rociety om this border There wore United States troops and ammunition enough aroun that gallows to anuibilate all the Mexicans ‘n Texas The Mesican mob is not to be trusted any more on this side of the river than on the other, ‘The large majority cena aa a andy dotate kanal c., a8 they Peopee—and hardy ever distinguish chemelvee only im & \y forme were gone Jersey City. Vat rrom 4 Scavrow.—A man named James Langan yesterday fell from a scaffold, on which he had been work- ing in Grand street, and sustained injuries so serious that doubts are entertained of his recovery. A Deancep Max Haxps His Cano to Dears, Bor mw Nor Apurrrsp.—An infatuated monomaniac was dtscov- ered yesterday morning lying on the railroad track near the New Jersey Railroad dépit, awaiting the train, bus through the unkindness of a vivilant brakeman was ob- structed in his passage across ‘that bourne whence no traveller returns."’ The disappointed fellow would fam vent his wrath afterwards on the preserver of his life, but he was hunted from the precincts with a caution. Rowpyiau mr 4 Rarzoap Taar.—A number of young men who had beon to Boiling Spring to witness a base ball match were yesterday returning by the el-vem A. M. train on the Erie Railroad, and not caring to pass the trip without having to record a few reminiscences worthy of the occasion, sought a quarrel with the con- ductor, who threatened to put them off the cars, Many of them refused to show their tickets, and wien they got out at the long dock they threw stones at the cars and became rampant. Detective Nugent and officer Me- Carthy conveyed two of thom, Arthur Hamill and P. Murray, to the station house, where they became quite cool and subdued, belug promised the consolation of enjoying the companionship of a few more of their sore very soon, A CoLorep Man Axanetep oN SusPicioy.—A colored man named John Hali was arrested late on Sunday efter. noon by officer Ryan on suspicion of having stolen a set of harness, with silver plated mountings, which he ha@ in his possession. Whon taken before the Recorder he stated that he had taken a horse to Newark on Saturday aud was returning to New York with the harness, See- ing that @ strict Jeanie was being institut he con fogsed afterwards that ho stolv the harness in Newark, whither an officor was promptly despatched. Hudson City. Buranary.—Tho house of Mr, Carles Newham, oppo site the Court House, was broken into on Sunday morn- ing, about three o'clock, and several articles abstracted, inclading clothing, about seventy-five dollars in money, and a gold watch, yalued at eighty dollars. The entry must have been effected through an op»n window on the back, which is approached by am awning which is firm onough to s:ppor! a man’s weight. A number of articles were thrown out of the window, and these, doubtiess, were secured by thieves lying in wait, Santa Anna tn Conrt. SUPERIOR COURT—CHAMBERS. Bofore Judge McCunn. Jory 16.—Antonio Lopez de Banta Anna vs. Abraham Baie snd Jacob Baiz.—An action was commenced om Saturday last in the Superior Court of this city, by Gene- ral Antonto Lopes de Santa Anna against Abraham Bats and Jucob Baiz for the recovery of thirteen thousand dollare, the proceeds of four bills of exchange on Lon- don, which had been left with A, Baiz & Co. to be sold ‘and the proceeds delivered to the owner of the billr. ‘The firm of A. Baiz & Co., consisting of Abraham Bais and his son Jacob Baiz, had been highly recommended te the General as men of integrity and responsibility; and thus highly recommended, the General was importuned by A Baiz & Co. to allow thim to sell hs bills of ex- change. This firm having mado the sale and racotved: tuereon for the Goneral about thirteen thousand dollars, suggosted to him, when they were asked for the pro- ceeds, that he leave the money in their ae as it would be extremely unsafe, in view the many burgiarics being committed in the city, for him to keep so much money in his house. Tho General, deeming the suggestion an honest one, deferred drawing this money until a few ago, when he sent his son to the house of A, Baiz & Co, to get the money. The firm thereupon refused to pay over the $14,000 or any part of ic to General Santa Anna. On this state of facts, on “aturday last an action was commenced gy General Santa Anna in the Superior Court of this city, against Abriham Baiz aud Jacob Baiz, in which actiom Judge McCunn granted an order of arrest, directing thas the defendants be arrestad and held to bail in tho gum of $15,000. In purananc> of this order the Sheriff yester- day morning arrested Abrabam Baiz and bis son aad Le'd them to answer in the above sum. Um..@ States Commissioner’s OMice. William 8, Nice woe er eres ar: ae counterfert bill of the Hip-s.n4 National Bank of New- ‘burg, State of New York, on 4--waighe, ‘a liquor dealer m Spring street. When the seems ho droyped seven other bills of w= HM* fermi and informed the officer who wore let off he would supp! iors who bad iasued this ew ae Commuasioner prisoner on this charge in the sum of $2,500. Before Commissioner White. Catharine Clarke waa charged with passing a ten dollar counterfeit national currency pote on the keeper of a store in Allen street, Thi for fureh yod4 st ie Case Was adjourned Verest, making im the whole a pon eg and unique collection, will also be de- Posi It is also understood that Mr, Peabody te Separate the parent institution from the Branch I. at Danvers and make each independent of the other. A end he to give to the a — comes. A |, by the Rev. hynmg Austin A. Cann to. ities re py Bat} y. Fenavson—Dusx —In Brooklyn, oa Saturday, July 14, at the residence of ihe bride's parents, by the Rev. Father Corcoran, Winttam Faxrcvsos, late U. 8. N., Cisne Marit, only daughter of Garrett Dunn. Hamt.tow—Ciocrs —In Jersey City, on Saturday, July us, by the Rev . 8. M. Rice, Alaxasore D. Hasiutow te 88 SARA ion o ae City. asics wket—LavpsR —in Brooklyn, on Tuesday, July 3, the Rev. Dr. Thrall, Sreeues Swaxr, of Jomane, rhe Loviee Lannex, of Brooklyn. Died. Aparm.—At the City Hovel, Jersey City, on Sui Jay 15, Wirssas Apa aged 25 aoe ie rolatives and friends of the family are respectfully ~ pl ‘er the 7 on from the City errs won of Hudson and Grau Cnty, dayyettersous, sh one s'dheak tnntetpsee iat eoeeen to Gre ga interment July 1 —In Brooklyn, on Sunday, Jul Came mive H., adopted deugheer of Frederick A. pi Aad Funeral ceremonies at bis house, No. 182 Amity sireoty, this ( ) afternoon, at three o'clock. The friends the family are invited to attend. ones ¢ Orange county, N. Y., on Mem- ‘wl ATuAN Rows Can Edward and kitasbeth Carter, and’ grandee ot the ate Nathan Robins, im the 2st year ; stice of jaa nee nn ‘anviiin.—At Shrewsbury, N. J., on Saturday, July ot Joeph A'S vashrine Cari, aged’ ft pee « Carville, aged os ia rere at Comey. —On Monday, July 16, mF William E. und Sarah it. Corey, aged 10 tonlhe ‘eed i days. Ths tuner wil take place from the residence of bie parents, River jarriom, N. J. 01 Morning, at ten o'clock. » > ow CooHLin.—Of congestion of the lungs, Marr C., wife ef Thomas J. Coghlin, and daughter of George ——— ‘The relatives and friends of tho family, alvo the of her brother, Geo. A Dougherty, are tavited to attend the funeral, this (Tuosday) afternoon, at half-past twe o’rlock, The funoral will take piace the residence of her father, 18 Vandewator street, Crock, —On Sunday night, July 15, Jas* Caogan, tm the diet year of his age. Funeral on Wednesday afternoon, at two o'clotk, a6 which tite his friends, and members of George Wash- ington Lodge, No, 286, are respectfully invited to attend, At 109 High street, Brooklyn. Coste®.—On Monday morning, July 16, Hxwnrarta T., daughter of the tate John G. Coster. __ The relatives and friends of the family are ny invited to attend the funeral, from St. Mark's church, on Wednesday morning, at balf-past ten o'clock, withous further invitation, Jety relict of Coakuny.—On Sunday, 15, Many, Calch Coakley, native of the town of Kantuak, county Cork, Ireland, in the 90th year of ber age, Her frends, and the friends of her son William, aad her son-in-law, Bdward Moywlhan, are respectfully invited to attend the funeral, from the residence of her son, No. ~ Yaw. Chambers stroe, Unis (Tuesday) afternoon, at two Dasiet, 1. Deen aged 62 years and § mot... His remgins were intorred at Thursday, a7 12, Kingston, on Sanday, July 15, ~nty, N. ¥., Disaas.—On Sunday, July 16, at ten o'clock in the evening, at his Inte residence, No. 327, Sixth avenu aftcr short illness, Wiuuial P. Dewas, Im the goer 79phe relsiven and (ronda of th8 OMY, Aap momgey