The New York Herald Newspaper, December 8, 1866, Page 7

Steckhelder Sued b: “ahve of the Company—The Piainti® Re- Before Jastice G. G. Barnard and a Jury. ‘Franklin C. Hovey vt. Ebenezer Beadleston,—The com- plasmas in this case sot forth that on the 13th day of Feb- geary, 1966, 8 company was formed by and under the fews of this State, under the name of “The Mineral a 000 fr PT Reeer tah ino pisiaut” bad onteined for = ee he Spine hl defn ‘a stockholder inthe company to : ‘work for partic outside of his duties as ‘the company, for which he had received com- ‘and that he was not consequently entitled to By of the Court the jury found for the im the sum of $1,519 47 without leaving thelr fess. pany. —The plaintiff in, this action is a lady residing in Greenwich avenue, who seeks to recover the sum of $20,000 for injuries alleged to have been sustained while exdeavoring to enter one of their care, and in conse- aneace of which amputation of a limb became necessary. The complaint sets forth that the lady had for some time previous to the occurrence been suffering from a peuraigic of the knee or leg, and that on the ‘2th of Jane, , She had so far recovered ew to be able to walk out with crutches, ‘On the morning of that day she left her residence to call pa pen my hy. wegen te Nt ee of a avenue car to stop. The car was sto |, and while the ty ted endeavoring to enter it the con- @ector pulled dell strap the 3 ‘The —— further sets forth that she was to let go her hold of tE | 4 iH i g i i : z ‘alighted and proceeded injuries are stated to have been severe, and external = con- of them her life deepaired of; inflammation of the knee oe amputation of the limb was ne- time of the accidemt the conductor with the driver, and the com- both of them saw her, The answer Genial of all the allegations. Drs. Carnochan, Hamilton and Ward, for the plaintiff, were considerable length in relation to the matare and extent of the injurios sustained, and whether the Gaearepeistneed by Oar. Bh Lot. 1 operation was performed in order to suve the life of the font apd tha; even thea ‘Mt was for a time doubtfu) whether she would not even- tually eusoumb. Cage sti]! on. Action Against an Wnsnrance Company to Re~ cover on a Policy of Insurance. Before Judye Mullen aud a Jury. Bigar ZT. Ryder vt. the Commemvoraith Fire Insurance Company. —This was an action on a policy of insurance on the building No. 58 Fulton street, belonging to plainull. By » Gre which occaried June 4, (#64, the building was considerably damaged, The company elected to repair the building, and employed a builder to put the building, = condition x= it waa at the time of the Gre. j, being dissatistied with the manner in which the Work was done, instiiuted this sult, claiming as 000, the amount of the policy,’ aud the main mage Mtigated on the trial, which lasted three days, whether the company had substantially replaced the building. Considerable evidence was given ou this point on both sides, and company held that the prey at the time the builder claimed that he lad the work, and while a dispute was pending whether this was true, had taken possession of the ‘building t the wonxent of the builder and the ‘@ompany, aud excluded them both, re! sing to allow @py more work upon it, and had thereby forfeited all @aim for any dofects in the work. The Justice sub- ‘wiltted all the questions to the Jury, who, after a ehort absence, rendered a verdict for the defendant H f le i F g Ze | if UNITED STATES CIRCUIT COURT. sge die Cm! an Important CudtSin House Case. Before Judge Smatiey. Bencard & Huyton ws. Augustus Schell. The hearing of this case was resuined at the opening of the court yes- Qerday morning. {t \s ong of great interest to the mer- eantile community, especially tw importers; and as a great many cases of precisely similar characte all of ‘which Mr. Schell, a former Collector of the Port, is nom- fmally the defendant—wwill depend upon this test case, ‘tho court room, within the bar, was principally ocenpied p Apr ngs counsel engaged by the various plaintiis in other suits, who paid clore uttontion to the proceod- sox. The question at iseue is whether the piaintite we a fight to recover back the duties paid ander protest upon commissions, charges and freight added to the valuation of invowe These paymen'« we been refunded from time time, amounting im the aggregate to considerable @ams, under regulations adopted by the Custom House nd acquiesced In by the Treasury Depariment, The ent, however, becoming dissatiefled with the tioe, instencted the United states District Alora (Mr, Courtney) to take up a test case and hove t hole gnestion submited to the decision and raling of the courts, Honoe the litigation tn thie case, schiciay BTOR OF 7R pa = Ju the course of tho procosdings tht foimer prarticn a Cy dng V7 bog yo to the officers of the Cason House, h for Aa ifterval was revoked and weteronce made insted to the Clork of the court, wan Bader disnussion, and elicited the following history of the Foie in these crm trom the Court: — Smalloy—This # a class of cases with which I am very familiar, and the history of them is this. The Very game distienities which the Courk found im. tryiug Sooo: +h page gone by seem to presept themesives an illosiration, Here are some five @niries. Now the Coort apd jary eannot onder take tooxamine tuese live hundred entries, end yet not fo examine them in -ome way would be a denial of ice. Now I will state my judicial knowledge of the Of these cases. When 1 urst nud the honor to come to preside in this court there were « great many of this class of cates on the calendar. The practice that prevailed at the time in trying thor ee met Lo me, ae ated by tse District Attorney at the time, Judg Roravelt athe clerk of the conrt, aud T thnk hy Judge Neinon on some occasion, ww wear the cae fully, that all the questions of law that might bo raved om either side should Pastod Upon, the whole eave considered, then a verdict renterea, for ws the] amerment ft datanges corned, it was reierred to the uw @athorities. That was the practice in ths court wh Qret I had the honor to preside here—that was the ry jack. Iketruck me as very lone practice, tom House there Was ne respon ibility. on” shonid be wade, what clerks wonld be tutrasted sith E é f Zz fi abtitte [ Ht i F AL % 3 : : id tt mul f f : § i aff ie as te rae HiGe ine tis He s H rh i Ht 45 £2 et A Bs 4 FE : i ies i s g ri history the practice in these cases becanse the report of this Com- mittee on Custom House, as shown to me, I repeat it, was false and calumnious. Technicatly it may be true that some cases were referred, but the important truth was suppressed, and I re emphatically that in this case the suppression of the truth was a suggestion of false- The remarks of the Court were listened to with marked attention by the large number of professional gentlemen resent, Some’evidence was then taken as to the practice in the Custom House of adding cerlain charges to the amount of invoices of importation, which the importers are now compelled to pay, and which they have beon paying un- dor protest, and to recover which excess as claimed to have been’ paid by tho plaintiffs the present action is brought. The caso is still on. UNITED STATES DISTRICT COURT. Condemnation of a Sinver. } Before Judge Benedict, The United States vs. the Bark Kate, dc.—This vesse) was seized in July, 1860, just as she was about to sail for the coast of Africa, on suspicion of being designed for the slave trade. After the proceedings to enforce ber forfeiture were commenced, Mr. Charles P, Lake, the claimant, obtained her release by giving the requisite security, and tho vessel siarted again on her original yoyage. Before she got ont of the harbor she wes seized a second time and proceedings again instituted for her forfeiture for the new offence, . ‘The second action was brought to trial first and took Place in November, 1860, resulting in the condemnation of the vessel, The case was carried by sppeal to the Su- prome Court of the United states, which affirmed the condemnation. The firat suit belng still pending, it was brought on for trial at this term by the United States Attorney, but, no one appearing on bebalf of the claimants, the Court, on motion of Benjamin K. Phelps, Assistant United states District Attorney, ordered the cendemnation avd sale of the veasel by default. MARINE COURT. Action for Assault and Battery, Ketore Judge Hearne and a Jury. McKenna vc. Brogden. —This was an action for alleged assault and battery on the bigh seas, Defendant was first mate on board the steamship Champion. Plaintiff alleged that defendant strack him with his clenched fist while on board ship, The defendant admitted the as- sault, but, in justification of his conduct, pleaded that the plainuff had been shirking his work as a senman on hourd the steamor, or “ soidiering,"’ as it is termed, and that he applied a little physical foree to indace bim to attoud to his basinese, The jury found a verdict for the plainti for $125. Action for Alleged False Tmprisonment.-| cendiary Fires in New York. Courtney ve, B.C. Johnson & Co,—This action arose in the following manner :—The plaintiif bad been in the em- ployment’of the defendants and was discharged. It is al- Joged that, after his discharge, he became abusive and uttered threats, and the same night that he uttered those threats one of four cotton bonded warebouses in Bridgo 2 treet was burned, The plaintift was arrested noxt day the duty of invect\gaiing the necessary papers, or who | should be Weld rasponsibie for these feports—thia, tomy wi aite, | raggested that and fo the difgrens Howse to ihe © indeed, ho was defendant; na and that be should be responsible Leone pe Should be responsible to the court for eoroc ines of (howe reper, That mle was adopted that rm ry mally cates, be the coment of the Mh con men wer im that way werk MOR cee how tong, pers bape twelve monity longer—cumpluint was made of mt the. Casiom . House im wel jaetin, ‘ here by courte: in open ovcasion to state in. the tieeney Shak if Uhore complaints <e fotst Not be permitted to nd they wore well fonneed I rier made to the Custom House ‘oor of the court, who would mae od furl presented and refer them to ano that the reporia were p © the court for » yaable time. Some mit weeks after | wold eure inte court with affidavite 1p refer hn he hal beea od MM which jndgment had rendered, setting forth that the papers were de Jayed ® long time in the Custorn House, notwithstanding application: had ' made for them, and thas he could got no 94, sade. Tf theredpon revoked the rule of reference aud had them referred to the Clerk of the Court, stating thas 1 would revoke every ene that wee on HE eRend Ty whenetor complaint wae made to me officially thas those deinys worm made, after gaitable instruction, and that moe report were made, ome two or three weeks afterwards Mr. Griswold again came court with affidavits or inte eT, on Which verd and I revoked thom ait and referred them to of the Court. This was ” From that time | bad little to do with trials of thie clans of cases till 1804 oF 1886, I was ovcasioantiy here, bat other business engaged me. 1, however, wo. sequently learned from a public raport that some commities of Congress, of some ug for rommittee, tae bere and made an madvereious om this | on snspicion of arson, but tho charge, us the plaintiff! maintained, was not proven. He now brings an action against the defendants to recover damages for false The defendants aver that there was and probable canso for the arrest of the plaintif. Among the witnesses examined was Fire Marshal Baker, who deposed that he belteved sixty per cent of the tires in New York were incendiary. Mr. Spencer said that if the Fire Marshal would reter to his ona Fae he would see it mentioned therein that there was only five per cent of incendiary fires. The care for thé plaintift here closed. The further bearing of the case will be resuined on Monday ut the sitting of the court. Action for Tnjury to 2 Horse, Rofore Judge Alker aud a Jury. Kissom ve, Inaae Nordlinger & Emmanuel Aising.—This action has been given rise to in the way deveribed as follows:—Defendants had constructed « bridge of wood over the gutter in front of their premises at No. 66 Front street, for the purpose of enabling carts to drive in and out of the store. They alowed the bridge, as the piainti avers, to full into a dangerous eon m, and on the 16th of October, while a horse, the property of plaintit!, was driven past, the imal stood on the bridge, drove one of its legs through a plank in the bridge, and broke tt in such a manner as rendored the horse utterly valueless, For this damago plaintift claimed $400. Defendants claimed that the damage was cansed by the carelessness of the plaintiff, ‘The jary returned a verdict for the plaintiff of $900, with $29 allowance, COURT OF OYER AND TERMINER, Homicide iv the Fourth Dearee. Kefore Judge G. G. Barnard, charge had bem preferred against James Harris of having stabbed @ man named Patrick Mullen, on board ihe ship New World, The District Attorney accepted a plea of manslaughter tu the fourth degree, Judge Bar- nard sentenced Harrie to two years’ imprisonment with hard labor im the State Prison, UNITED STATES COMMISSIONERS’ COURT. Alleged Frandatent facture of an In ternal Revenne Hofore Commis-ioner Betts. In the matter of the United States ayainet Jamey Cor. dington ~The defendant was charged with having pro- ounterfeit bond, to be presented fo the Collector of Internal Revenge, Mr. Wagoer appeared tor the de- jendant arrest, reasonable Heorge TRETIMONY OF CHARICE SHOVE, Chartee Shove, sworn:—I reside at 347 East Twenty. fourth street and work at 77 Robinson street; T have known defendant two or three months; I have seen this bond before at 78 or 83 Cedar strect, at the Collector's otic e yt it Hero some time in October che day L first saw it I had Nawaw streets; horty with delendant joined ‘Archbold wanted ecution of a bond ; he wanted me to m; that he did not vind; defendant said it was all right, and rythios wae Gxed up, but that they did not want to go around there, the reason, they sald, they did not want to go around there was that the Collector had sent for them, And they did not wish to go there for foar he might know them: that wav the sabstance of the con. I went around and personated Archbold and 3,1 Feceived in paymout for my services from the same day he gaveme $10 after I wen streeys slefundant waa yarn Me to the Collector; a impo named Andrew went in company; Andrew 8 hed the other surety ; 1 caw Andrew that day in com- munication with Archbold and defendant; we four met together, and the conversation turned upon this job; they told me Archbold and defendant were on a bond to- Stayed Andrew to” parnonase the oth jora, wb we ved An rs ¢ oiher «whieh waa Coddington, as L amderatood it; Archbold told me while we were together, and defendant cov ld boar, that his own name was op, and that Coddington was on ‘by the nano of Harrington; defendant gave Acard to Andrew with the directions on it, J. Harrington; there was some resi. i imy mind that Coddii had put me here, and | made th im; when I uot late @ serape Tam bound to get ont of itif T I convidered T had committed an offence, and T was id \ rave myeoit, 1am fireine teuare hemotren © 7 ‘would have to further hearing of the case was adjourned to the ‘16th inst, __- Before Recorder Hackett. 4 NOTORIOUS HORSE THIEF GENT TO THE STATE PRISON, ‘The first case disposed of yesterday was an indictment: against William Duly, who was tried and convicted of stealing a horse, wagon and harness valued at $700, from ‘the livery stable of George Shipman, 262 Spring street, He hired the turnout ostensibly for a drive in the Park, and gave the singular name of Smith, Nearly four months expired before any trace of Duly was dis- a gave information which awarded—viz, five years’ imprisonment in the Prison at hard labor. rf john Wheeler, charged with stealing $80in money of ing 16 Leroy place, ou the 2d of November, pleaded guilty an ‘at grand larceny. He was sentenced to State Prison for two years and six months. ALLIGED FELONI@US APBAULT. do bodily harm, bei irged with stabbing a boy named James Farar etieet, in the arm hg pocket 6 = jorman Wagner, who was indicted for stealing on t! 8th of October a caso of carpet stretchers, worth $32, owned by B. ©. Davis, pleaded guilty to an sttempigat grand larceny. ‘There were mitigating circumstances in these cares, and the Recorder learning that the prisoners could fur- nal Sagan ot good character, the sentence was post- oe WESLEY ALLEN IX PRISON, On Monday Iasi the case of Wesley Allen was called, and the accused failing to appear the Court ordered the bail to be forfeited and issued a bench warrant for his arrest. It seems that the defendant heard of this, for yesterday afternoon he came Into the clerk’s room and delivered himself up, demanding atrial. The caso was set down for next Tuesday, This party is known as Wesley Allen, alias Charles E. Hart, alias Charles Lang- ley, alias Robert Macaire, He was convicted in June, 1865, of stealing a watch from Leo A. Sweet, and sen- tenced by Recorder Hoffman to tho State Prison for five years, but was subsequently pardoned, He is now charg- ed with stealing a watch and chain, worth $300, from the room of Louis Ludovicie, in the Hoffman House, on the 17th of September. QUEENS COUNTY CIRCUIT COURT. The court convened at ten o’clock A. M. on Wednes- day last. The following cages were disposed of :— The People vs. Frederick Fodder—Indicted for bur- glary in breaking into and catering the house of Ascam Backus, in the town of Newtown, on the 19th of Septem. ber last, and stealins therefrom bread, butter and pota- toes. Verdict guilty, and sentenced to the State Prison for three years and four months, The People vs. Michael Beck—Indicted for stealing a cow from Miss Sarah EK. Searles, of Newtown, ‘There were other indictinents against the prisoner. Sentenced to State Prison for exht years, The People vs. Benjamin Steele—Indicted for stealing ry goods from the pedier's wagon of Jesso B, Kelacy, at Westbury, on the 27th of August. Verdict of guilty: sentenced to State Prison for five years. bi The People va, William J. Rodgers—Indieted for steal- ing a horse from Peter D. Hutst, at Newtown. Guiity, and sentenced to one year and three months in State Prison, THE ALLEGED DISTILLERY FRAUDS, The Examination inthe Case of Rowe avd Others Continucd—Testimony for the Dee fence, &e. Before Commissioner Newton, Tho examination of ihis case was continued yaater- day, according to the adjournment of the day before, before Commissioner Newton, at Brooklyn. The ex- amination of witxesses on the part of the defence was continued at great length anda great quantity of testi- mony taken, the most important portions of which are given below:— ‘The first witness called was Domi MeGoen, who testified that he was laborer at the Franklin avenue distillery dur.ng the time that they commenced to ran off burning fluid; know the article as burning fluid, and swore that a sample shown him then had the seme taste 4g that which Was manufactured at the distillery; he saw nothing else running out of the still while he was there; was not told to call the articlo burning fluid, and i oct see any turpentine put in, nor put in any him- self. Mr. John Machin, the next witness, said that he was employed in the Franklin avonue distillery, aad testi- fied to the same general facts as did the previous wit- ess, James McCollough testified that he barreiled the “burning fluid,” aod that he did not barrel up anything else than that article while he worked there; also that he received $3 a day for his labor, Mr. Glass was recalled and testified that the costof producing “burning fluid,” without reference to any tax, would not exceed seventy-five cents a gallon; the cost of producing whiskey would be about the samo, if there were no tax upon it; on the snpposition that tirpemtine could be taken out of the burning fuid by simple recti- fication, that operation, he thought, would not cost over forty-five conts a gallon, although he bad had no experience in the matter, Dr. Bertrand Fermbach was next sworn and testified that he was a ecicntific manufacturmg chemist; knew what was known in the market asa burning fl thing was a buraing furd that would bare, ba, u not the ordinary commercial acceptation of the term; a manufacturer might put in different amounts of turpen- tine at bis own option. This witness was croes-examinod at length by the District Attorney, and nothing new was elicited, <9 TESTIMONY OF B.A. MCDONALD. Examiued by \Ir. Dittonhefer—Theoretically I under- stand aistillidg; I have examined stiils for twelve months for the govern’ conta a gallon to manufacture burning fluid in this way, and in the vicinity of $4 on the old plan; that bas been saperseded on accornt of its expense; the art! two lamps is not whiskey, tage wines nor al¢ohol, as I can tell by ite flame; 1 would be ealied burning Ce | have bought aud used worse burning eld and sold; I neod fluid for sonié tims, and f have it myself often; Iwas at the Frankiin avenue distill several times, and saw the ranning of the still at difver- ont stages: I should call it burning finid, because eom- portd of alcohol and turpentine; the proportion of tur- pentine in the old burning fluid varied; the quality was very diferent; i found the best was made with tweuty Per «ent turpentine. Cross examined by Mr. Traey—T made my own bura- ing fluid with sprite of turpentine, using twenty per cent, I did not distil it; that was the oniy kind 1 knew of unt! lately; loss thn twenty por cent made an infe- rior light; a light riving one-tourth the siumination of good burning fluid would not be consiéered a morebanta- ble article, The Court here took a rocese of half am hour. On its revurn William Talioan was sworn, and testifed as follows :-— TRETINONY OF PLYSeEs TALMAN, 1am & merchant; my busioses ie a dealer in oils and naval stores; have bovglt and sold burning fluid as an ardcle of commerce, ‘The Witness bere examined the substances in the two small lamps mertionod in yesterday's proceedings, and pronounced both to be burning fluid. Examination reeuned—Whiskey is pot known as burning fluid in commerce; diferent qualities of flaid are fold in the market; the ‘article now burning compares favorably with te merchantable article; L have seen bet. ter ond worve; the test of tho fluid os a commercial article is the tight it gives, <I don’t think the Hebe js on the amount of , my only test isto bura it; [have mado pot a® high as fifteen percent; that made a Haid; the lowest [ ever used was ten per cent; I ‘uid to be made with less than ton per cent, be- t gave legs light; L judge the power of Nght by my eyesight; I think’ the Suid nsvally sold was one quarter less in tight than mine: ‘one-half lees would not market; 1 bot tell positiveiy without barnl a To Mr. Ditteahofer-—The antile test is to burn the utd. Jos. H. Canningham was next called and examimed by Mr, Dittenbofor testifying as follows: 1 the articl prosented was burping duid; the iMu:ainating power is the commercial test of burning fluid; if article gives a good light the quantity of makes no difference; fusil oi! porresses {Marl wer; it would be increased by mixing turpentine; in th wines there ts fueil oil; there ia little in alcohol; other articlos than mixtores of turpentine and alcohol were roid as Vi the term was generally oe ied, however, to the mixture of cam and ol; the comt of a galion on the old without the tax on the pg Acted La ‘$4; the articio in the lamps would not be taken for whiskey. Cros-examined by Mr, Tracy—To be considered barn- ing fluid an article mast £% enough light to be in ordinary avoeations; ‘waa once the ; I think the fluid in Cross-examined by Mr, Tra given by buruing fluid do pentine think one that was where there was no one of the nating power ef erning atid Sepewan gs ie perceat age of cam tts for per cont to ee as alcohol by the process of oom- To Mr. Dittenhofer—The tilaminating power of toe pends om ‘one is ‘al a P- ‘say the fusil off in high wines would add to the To Mr. Tracy —There ia about two per cent of fusit off in bigh wines, The further hearing of the case was then adjourned ‘until to-day, at ten o'clock A.M. CRMAT SEORT OF ILLICT STILL’ IN PROORLYY. About a Week Ago & special ugemt of whe Treasury pres 's order. Frank qi Deputy United é arereaniy amtnten te tae cian’ aad seized tho whiskey; but this ruse was soon discovered, and Frank gaw when too late - He is now in custody as the owner of the ticle on his own confession. CONDITION OF THE SOUTHERN STATES, ALABAMA. ‘The Governor of Alabama in Favor of the Constitutional Amendment. * Mosine, Dec, 6, 1866, A special despatch to-the Advertiser and Register, duied Montgomery, Ala, Docember 6, says:—Tho Governor Bent a message to both houses stating that events of a vital character were now transpiring in reference to our relations with the Union, and expressed his apprehen- sion that the stability of our affairs might be suddenly broken up by the radicals, who were determined at all hazards to enforce their terms of restoration, and threaten to reverse our progress towards tranquillity. ‘Tho cardinal principle of restoration seoms to be a favor- able action on the constitutional amondment, He thinks its ratification necessary, and suggests that our full re- storation may follow. The Senate referred the message to the Committee on Federat Relations. The House adjourned pending its consideration of the message, the contents of which caused much excitem< majority of both houses opposed ratification, Judge Busteed decided that payments of debts in Con- federate money were void. The Alabama Press on the Amendment. Mowtaownay, Dec. 6, 1866, The papers of this State generally oppoge the recent position taken by Judge Bustecd in favor of the adoption of the Congressional amendment, and charge him with having abandoned the true interests of the peoplo whom he professes to represent, SPECIAL TELEGRAM TO THE HERALD. Refusal of the Legisintare to Ratify the Con- stitutional Amendment—Senator Parsons Ad- vises its Rejection from Waxhington. Mowrcowery, Aln., Dec, 7, 1866. ‘The Legislature to-day by a joint resolution refused to ratify the constitutional amendment. The defeat of the measure is mainly attributed to the interference of Sona- tor Parsons, who sent a telegram from Washington to the effect that President Johnson was still the frm friond of the South, and on no account to ratify the amendment, QUE MONTGOMERY CORKESPONDENCE. Legistative Proceedings ‘The Question of Qoulified Suttrace oe} Fenal Politient Kights—Bricht = Prospec Abead—Alabamn Coming Oat AW Right Public Sentiment—Union F the Encrense, &e. Mowreourry 1 Change by ling Largely ou Ala, Deo, 2, 1866. QUALIFT Ch, The Vill introduced into the House of Representatives yesterday by Mr, Brooks, of Lowndes county, providing for qualifed sufraze an’ plavin; the negroes politically on the same footing with whites, is a significant proof of a great change in public sentiment, and fore- bodes a batter prospect than the most sanguine lovers of the Union were led to expect, It is irne the bill was laid on the table by a large majority, but the calm, dispas- slonate manver in which {t was received, and the kindly foclings expressed towards i's author, oven by those who vo'ed against it, wae an encouraging omen of success in the future. Many of the mom- bers voted against it beeause, as they said, it would disfranchise white persona who might have the misfortune to be unable to read and write, and others because they thought It would not elect the object de sited, namely, the admiasion of the State to the Union. Mr. Brooks’ idea is borrowed in a great measure from the proposition of Senator Stowart, of Nevada, which you will remember provided st—That_no person who left Congres#, the Cabinet, or ipreme Courtot the Onited States part in the rebelti onld ever he allowed to hold the righbal each State to presuribe the quall- ors be distina jor should not m on, lication In deciding no person who had exercised the right of hould be disfranchised by any qualification here- after set up. * Three months ago the bare mention of such a proposi« tion would bave thrown uine out of every ten men in Alabama Into bysteries; tot they havo got bravely over that now, and are beginning to look at this matter squarely, in the face; and, obnoxions ax it may seem to them at presevt, not many weeks will elapse before they will look at the matter in its proper light. A very promi- nent man tn the rebellion informed me this evening that ifthe Laytaiature could get any assurance from the ral cal loaders in Congress that the passage of Mr. Rroo bill or ono simiiar to it would be vatiefactory to the North, and that it would ensure the admission of the sta'e to the Union, he had no doubt the measure could swed in both houses and receive the sanction of the Governor this very week, In any event, he said it was certain to come up again after the recess, byt ho ke- leved that the measure could be carricd now (before the es) if things were properly managed; and I think by speaks the truth, THS CONSTITCMONAL AMMVOMENT. ‘There ts an Oljection to the constitntional ameatmont Proposed by Congress even amony tne strongest Union mon, who Say that noder its provizions the old seers. sioniste who were too unpopular here ever to bo elected to office would be exempt from all disability aud coud hold office, while many Union men who were elected to the State Legislature from the norihoru part of the Sta during the war woald be disqualified from holding any office under the State or general goverament, notwith- standing they were for the Union firat and Inst and snt- fered the most terrible wrongs for its sake. Thése ultra Union men are just as excitable ag tho (ire-caters and as bard to control. They seem to forget that Congress has the power by a two-third vote to remove any disabitiiy whico may exist, and they must know very well the constitutional amendment was not got nj to persecute loyal men, and that even thoug! they were elected’ to the rebel legislature by Union constituents, and behaved as loyal as they conld under the circomstances, Congrees would pot take any advantage of a mere technicality and object to their holding an office on that score. Still they are very mach of their beine excinded from oilice, and would prefer qualified enffrage and general amnesty to the amendment in its present shape. Strange 08 it may appear, they are warmly opposed to universal sufirage — twice on much coas the old secossiontats; and ng we s ebances for suffrage depended upon thoir will, | am afraid he would be left out im the cold, A prominent ‘nion taan from the Northern part of the Stato gave me the reason for this eseming inconsistency on the part of the ultre Union meu, He says that as a geno. val thing the Union men were all poor and never owned slaves. Now it is well known that the negro has a most perfeet contempt for the poor buckra, and the buekr:, a8 natural conseqaence, has no love fo tha negro eturn, Between them there has al- Deon a wide gulf, and {if tnere is any clats to whom the blacks may look for political he yo 4 it erriatoly is not the altra Union men. You wilt ind two planters in favor of universal sufirage, where you will Gnd one poor backra. TION OF THE HLACKS, white and bisck schools, Measure it a just one, and as tho bill has many influential friewds it is betreved it will pass At all events it has been favorably reported Eat the Education Committee, and is now in the ni A bitl incorporating the New Orteans, Mobile and Chat- f ing the . tanooga Railroad Company has both houses, and haa reosived the sit of the Governor. The com- Pony guarantees to baild the road trom Now Orieans to Mobile in ewhteon months, and to finish it to Chatta- the non-reconstracted States, have tion, and opened the eyes o y of doing away with tho people to the necer iuectivity policy nitherto verrued, and adopting one accept the constitutional amendment, a close observer can detect beneath all this a strong and heartfelt desire to get back into the Union some way or other. They don’t care much they say how thoy get in, as long as their honor is saved, and if some clever statesman at the North would only show them how to “whip the devil around the stump,” I ‘have no doubt they would be willing to sacrifice 8 groat deal to bring about a reconciliation. The feeling for peace and a representation im the councils of the nation grows stronger day by day, and men who a few months ago would scarcely listen to any argument on the subject of the proposed amendment, gladly avail themsetves of the opportunity to talk the matter over with any Northern man who may bappen to come along. ‘Their conduct, too, towards Northern men bas under- gone a marked change. have got over the sulks and treat strangers with form politeness and cour. tesy. In conversation they invariably express the be- lief that the Southern States will soon be back in the Union again. How, they can’t exactly say, but there is one thing they are in of, and that is there shall be no more war. They say they are determined on re- maining in a state of peace at all hazards, and amoug the loudest advocates for peace are those who were most blatant for war when tho State seceded from the Union. A MEALTAY SIGN. This condition of feeling I look upon as a healthy sign of returning reason, and augurs well fora bappy solution of the difficaltics at present existing between the North and the South, Now that the result of the Northern elections is known and fuliy appreciated all over the South, the people are beginning to feel that there is no hope for or security except in a sub- mission to the will of the majority, and I belicve that they have secretly made up their minds to make the best terme they can with the general government rather than run the risk of another war, Mind you, these senti- ments are not often openly expressed. " On the contrary the majority of the people with whom I have con- versed say it is impossible for them to accept the terms laid down by Congress without do- grading themselves in the eyes of the world, but their continual cry for peace, and their determination not to fight even af troops should be sent against theni, Lacir earnest appeal to Northern capitalists to aid them in developing the resources of their country, their changed conduct towards Union men, their cbeorful requivgcence in the education of the negroes, and their spirited efforis to retrieve their fatten fortunes by every means in their power, shows that they are being gradu- aliy drawn towards the Union, and that, at no. distant day, we shali be a reunited avd happy people. Why, it 49 Only w few months aso that the fear of confiscation was 0 great that many of the inuabitants sold their plantations and town property for a mere song, und, converting the moncy thus realized into gold, were pre pared to move off to Texas or Mexico at the shortest notice Several amilties actually moved away, bue have since returned, and aro now b artily sick 0: their folly, and cursing the Inck that led them to sell their homes for one-hat’, and sometimes on2-foarth, of what they were really worth, e ‘TUE RALLROAD MANIA. There is a perfect. mania ror railroads among the peo- ple of Georgia just now, and the Legisiature is appealed to daily for aid to carry out their eebemes. All wwe old roads have been rebuilt, new ones are build ng, and a Jar e number of important lines are in serious cou-em- plation, Before the war the ery was negroes and cotton now it 18 railroads and imanufactories. Georgia is ertully blest in rogard to water power, and the poo- plo mean sow to take advantage o° these natural facili- ties, And invest ail their epare cash, and wore, too, in erecting factories similar to those in existence at tie North, Thoy argue that it ts tho only way left them to retrieve their Jost fortunes, and bave bat Httle faith In cotton ever becoming king again. ‘TE CkoY's, ‘The crops this year bave been a fatlure, especially in sonthwestern Georgia, Of cotton they ain't expect to raise more than ualf the usual amount, notwithstand: tbo picking season has been the ost favorable ove they have had fora great many years. Corn, too, has ben a failure, and on manv plauiations they’ have not been abie to raise enough to feed te hands. Rverywhere the planters complain of the laziness of the negroes, and atiribate their losses, especially im cotton, to the natural indoience of the Wack race. They pay the ne- groes (rom $10 to $25 4 month and found, but say it per to ire white bands at $30 or $46, so the blacks become since they have been emancipated. Ths complaint is so universal that Leap. pose there must be someting in it; but time wil! remedy the evil, and in the course of a few years the ne; now a mere child in experience, will have gail sufficient knowledge to understand that he must put bis shoulder to the wheel and work as hard as other people. Education will tend ma- teriatly to bring about a proper relation between the plunter and the freedman, and the blacks of the noxt generation will not bo so wanting in industry as they are to-day, Tt has been calculated that fuliy one- half the freedmen are working jor their old masters, At the close of the war they were rampant on changing their masters just to show that they were free to go wher: they pleased, if it was only to the next plantation, but gredually the love for their little cabins and garden patches which they had teft bebind, ted them to seek the.r old homes, where they now live “ns happy as the day is long,” having no thought beyond the success of their litte crops, anda desire to make the domestic circle ag cheerful and bappy as possible. PIE RESIDENT'S MRSSAGR Great anxiety is expressed to know the contents of President Jonson's message, and what bearing it will have upon the political fature of tue South. The people ag al of faith in Mr, Johnson, apd his to settle the vexed question which at present agitates the whole country, VIRGINIA, SPECIAL CORRESPONDENCE OF THE HERALD. Riesmovn, Doo, 1, 1866. In a recent lettor to the Hxrry from this city I refer- red briefly to the mismanagement of the railroads of the State, their evormously bigh freights and fares and the genors! unobliging disposition of their officers towards the people, 0a Northern man coming into Virginia it appears strange that the railways have done so little in accomplishing the general egriet!toral, commercial and taineral prosperity of what might be made the garden spot of the Union. Virginia, with her great water power, unequalled mineral wenlih and delightful climate, should long since have gone ahead of Pennsylvania. Her failure to do so cannot be attributed altogether to the existence here of slavery, but to the want of a Proper, liberal management of our imternal improve- ments, The possession of lines of railway and water commeanication ts regarded by our railway managers in their shortsightedness as an end of commercial great- ness and as an evidence of having attained the greatest good in the development of our resources, and the people are forced to pay for the use of railways as@luxury, But itis so plain that in this day of - ress railroads and canals are a means to attain prosperity commercially and agriculturally, and wot an end; that it is remarkable how this fact is ignored by ovr ra:troad officers in their dealings with the people, To show how our people are mapoost upon, I Will state (hat a paesen- ger frota New York with «through ticket over Virginia Toads pay about three and a-balf cents per mile on these roads, while the impoverished Virginian to whom in a | te measure these roads bel visiting the capital of is own State, ts by oot ne! Xand seven cents per raile. T could fill a column with instances of the narrow miudedness of the policy observed almost in por. tion of the State. We want a general decapitation of the old worn out railroad men—worn out In oppresst the people—and unt!l that is accomplished and We secure enterprising men to fl! thetr places, Virginia will never attract tal or emigration. The usual amonnt of conjecturing with regard to the steps that will be taken by the Logisiature with a view s to the assumption by the State of ber federal relations fs indul none can say what will most probably be done, ere are a number of members who would adoption of the amendment of ‘Congross, but it is quite doubtful whether they can be ey under the cireamstantes to sbow their hands, will and temper of the majority will uo doubt leayen | the whole body, The Governor's recommendations are all right, but his =— isso light that be might as wel! not present em. Action inthe Florida Legisiature, ‘TaLLatiasamt, Fia., Dec. 6, 1866, The House of Representatives of thie State have taken up the report of tho committes to whom was re. terred the proposed constitutional amendment, and by a Ubanimous vote to that report. The report, it will be remombered, recommended the rejection of the amendment. ‘The Cotton Crop of Georgia. SavAnvan, Dec. 6, 1866, The cotton crop accounts from this State are jess favorable, though some of the planters are widely at variance in their statements. The majority, however, express it diwmy intment at the result of th: whic be ret ot far leas than they auticipated ost ng. STATEN ISLAND INTELLIGENCE, Inquest. —Coroner Conner held an inquest a few daye ein of Meticn Androwett, was found deed in her bed, Tt appears the deceased was subject to bis, one of which, it i# supposed, she was f Kroesvitie, who | to allow the evidence in rebuttal, peteeonees fo accused stated that he re- tCe counsel for the prosecution gee tr, the purpose of raking op, if possible, ing defamatory to the character of the accused. Counsel for the prosecation called the gentleman te~ order on the grounds tbat he was making a personal: attack which was uncalled for and in no wise connecied with the case. He said he was willing to allow the tes- timony 45 to good characier to be presented and would waive the recuest to offer rebutting iestimony. Counsel for the accused asked that the question might be decided, so that, if necessary, he might certiorari the case before the Supreme Court; but the offer of the counsel for the prosecution being explained to him, be signitied bis willingness to go on with the case imme- diuiely. On mouon of Asswtant District Attorney Bed- ford, a recess of five minutes wns taken to permit coun- gel to examine the testimony in the case, On the reassembting of the vourt counsel for the ac- cuged asked for a litle further time, im order to give the testimony due consideration, aud to procure allidavits as to the previous character of the accused, Conse} for the- Prosecution agreed to the request of the opposing coun- sel; but, as they failed t» agree upon a day, Justice Doage nemed Monday, the 17th sient, at three o'clock. in the afiernoon, for the continuation of the cake, coun- sel for the defence in the meanwhile to file the promised. affidavils, The case was thereupon adjourned antit Monday, December 17, at three o'clock in the aiternoon.. THE WEEKLY HERALD. The Cheapest Newspaper and Best Literary yal in the Country, The Weekty Horio for the present week, now reaty, contains the excellent story entitiea:— via." ary A.G.,7 ond “A Chey for ihe Wrakiy Hrerarp. yrtant and Exerting Bue ropean News received by Atlantic Telegraph ond the Mails during the Week, including the very Latest Ae- connts of the Fenian Movetnents im Ireland and the Re- form Agitation in England, the Arrest of Johu A. Surratt, the Mexican Situation in France, the \ondition of Poor Carlotta, and ai) Interesting Events ot the Week, with the Latest Financial avd Commercial Intellizonce ; The Message of the President of the United states and the Proceedings of Congress; Our Special Despatches from the National Capital; Fenian Movements in Canada and the United States; Accounts of the recent Indian Hostilities in the Far West; The Ourrent News of the Week, embracing al m- teresting Political and Local Events, and the Latest News from the British Provinces, Mexico, the West Indies, South America, the Pacific, &e.; Varieties; Our Musical und Theatrical Review for the Week; etle 5 Foreign Gossip; Artistic, Scientific, Religious, fivevary and Mining Intelligence; Ediiorial Reviews of the Pres- ident’s Message and the Reports of the Secretaries of War, the Treasury, and the Interlor, and of the Post- master General, &c.; Our Sporting Calendar, embracing reports of Turf and Aquatic Matters, Billiards, Cock~ fizbting, &c,; Our Agricnitural Budget, containing valu- able and mteresting reading for Farmers and Gardeners; Reviews of the Cattle, Horse, Dry Goods, and Boot and Shoe Markets; Financial and Commercial Intelligence; Marriages and Deaths; Advertisoments, and a-coints of all important and interesting events of the week. Trave.—Singie subseription, #2; Throe copies, $5 > Five copies, $8; Ten copies, $15, Singie copies, Five cents each. A limited number of advertisameni« in- serted in the Weenty Heraro. and Me. oF ALITY Me, S50. amit tr BEST 44 \WAMSI'TTAS, Sic. OTHER STORES CHARGE te. ‘The decline in Musling i from Se, to 10e, ® yard 10,000 BLANKETS NEARLY HALP Phic’ FOSTER BROTHERS, 167 Pighth av., near 18th And FOSTER BROTH M2 Blewet:or sure H PARRELL, 87 TO 21 THIRTY-PIPTA + one door east of Eighth wvenue, ix oferiog 4. FINE F largest stock in this city of Brussels, Three-ply aud Inerain Carpets, Oileloths, ae: alo the cholcest see of Parlor wa ded. room F's ¢. Ansions to reduce our immense stocy, over hi ion, T will sel holidays. Ail goods VBLVET PITE OARPET For sal. ported by the owner; bran new ide aPat down 100 yards cheap. G,M. JACOMB, 172! 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