The New York Herald Newspaper, July 17, 1868, Page 6

ment in Defence ef Its Citizens in Mexico. ‘Without deli: Mazatian, June 15, 1868, Wishing to address the American people and the | notning American government upon a subject which prom- | and murder. fees to taxe high rank in international law—a subject On ohne ’m which the people and the government of the — United States are most deeply interested-—I avail my- elf of the columns of the HERALD to give a fui) and fanprejudiced review of the shameful conduct of the Mexican authorities towards an American citizen, haries Fernandez Galan, now a prisoner in this city, and Jate acting Governor of Lower California, Be- smallpox, Jere entering into the international issues of the case and the comity of nations with regard to citizenship, ‘we will briefly sketch the history of the prisoner and the important facts relating to his oficial conduct in Lower California. Governor Galan is the son of a Spaniard anda Mexican lady, and was born in 1830 on board of an English vessel off Gibraltar. The Governor's father resided in Mexico many years previous to 1830, was married here, but being obliged to fy trom his adopted home in consequence of the law,. which provided that Spaniards should leave the country under penalty of death, his wife followed him to Spain and their first child was born during the trip. At the age of thirteen young Galan, who remained in Spain up to that time, accompanied his father to ‘the city of Mexico, where, as a boy, he received em- ployment in a dry goods store, Hesoon wearied of the monotony of life behind a counter and the tyranny of his employer, and upon the breaking out ef the Mexican war he solicited and obtained a ecadetcy in the Military College at Chapultepec. Ina remarkably short time he graduated with the rank of lieutenant, was attached to the Fourth battalion of light infantry, went to the field and re- mained throughout the war. After peace was de- elared, feeling harassed, worn out and disappointed, thirsting for liberty that gave security to life and property, and wishing to link his future fortunes ‘with @ progressive people, he left the capital and made his way to San Blas, partly on horseback and partly on foot, with the intention of going to Cali- fornia. He finally succeeded in obtaining a passage ‘on board of an Italian brig, and was shipwrecked off ‘the Baja California coast, washed on the beach south ef Rosario, from whence he made his way to Sonora, Tuolumne county, Upper California, where he re- Mained for many years. Owing to his former edu- cation and his being a good English scholar he thought of and was advised to read law and become @ member of the American bar, He read long and assiduously, and was admitted to praciice by the Supreme Court of California in October, 1867, he having previously received his naturalization papers as an American citizen in Stanislaus county. Governor Galan is thirty-eight years of age, of me- dium height, firmly and compactly built. He has a fine, open face, a splendid forehead, speaks fluently the English, Spanish and French languages, and 1s 4p appearance a studious, thinking man. In 1863, being attacked with the California fever for silver mining, he went to La Paz or San Antonio, tm Lower California, as president and superinten- dent of a mining company, in which position he re- mained some time. The then Governor of the terri- tory (P. M. Navarrete) offered Mr. Galan the office of Chief Justice of the territory. Mr. Galan objected on account of his nationality; but the Governor as- sured iim that befug the sop of a Mexican woman, having served in the Mexican army, being married to a Mexican lady and owning real estate in Mexico, any one of which conditions made him a Mexican citizen, he was to all intents and pu ‘as good a Mexican as the Governor himself. Without re- Rnouncing his American citizenship, which he would motand will not do, he accepted the office, looking upon the Mexican government tn the light of an in- @ividual with whom he might enter into a civil con- tract. He did not take, and has not taken, nor will he take any ‘oaths to support any other constitution or laws than those of the vernment of which he isacitizen. He remained Justice until after the election of the next Governor, Seilor Gibert, who, for the purpose of in- creasing Mr. Galan’s salary, appoin him Judge of the Firat Resort, Civil Judge, Constitutional Judge and First Alderman of the city, which offices he Ailfed till some time after the occupation of Mazatian | by the French and the rumors of their going over to Baja California. Circumstances soon afterwards cauiled Mr. Galan to private life, until, during a stormy epoch of the territory, he accepted the ap- pointment of Judge Advocate offered by Navarrete, who held the reins of government by virtue of revo- luiton. ‘The position was accepted merely to inves- tugate an atrocious murder committed upon some Americans at Triunfo, by a party of wfornians [ooo instigated, as it was then reported, by one javarro, the chief of the antt-American part, The proceedings clearly proved the guilt of the parties charged with the crime, still Navarrete spared then, though they were exiled; but Providence dis- of them ail and prevented their com- mitting any further depredations in this world. | This murder revealed to the astonished Americans that there was a pesty opposed to them, and that it ‘was composed of the very men who derived most rofit from increase of foreigners—a party whose interest it was to keep the people in the utmost ignorance, that they might reap the benefit of their influence ‘as old residents or the sons of old resi- dents. Very soon this enmity and hatred showed itself in many annoyances to the American Consul, | to American ships coming into port, to American mining companies and to American interests gener- ally. | may hereafter give a complete history of that epoch, for the purpose of letting Americans know the plain, unvarnished truth about affairs in Mexico, which they are very far from knowing, notwith- standing all that ‘has been said and written herevofore. Afterwards Governor Navarrete was deposed from power and exiled from the | country by his enemies, the anti-American party, who triumphed and piaced in power as Governor Sefor Autonio Pedrin, the same ian whoin Navar- rete had overthrown. Tis Pedrin was more incap- able of governing than the deposed chieftain, cad Was in fact the evil genius who kept the territory in biood for three Years, acting in the meantime but as a tool in the bands of the bitter anti-American fac- posed of te Hidalgo and Navarro family the death of Ramon, recog as chief thereof. Pedrin appointed } r of the Port, and by intrigue sup| the of the people, 80 that Tisso fT of the reigning ‘auily, should go to Mexieo as member to Congre it was done, Just the citizens did not vote; the tnunicipalities of yuondu and part of sanuaso uted af the Convention owing to i represeu overnor's Wilfu in not sending the pro- clamaiion la retand better the events following it is necessary to give @ slight outline of the siaie of tuings as they actually existed in the country at that thine rh eased. A mouth or so before vhis elect territory to Gght the peculiar gircum- of the officers who nent that the n of becoming nd tiat be hy were not friendly tu the ail from the humble y hard knocks 4 and considered that they had @ right to something in their own ry, much than the “stay at Navatros and had bet gui, become better » bo Uh on who | power im cresting all possible dim- | Governor Rubi, feeting ‘mortified to be the keeper of incoming Mr. Pedrin Many accounts to be pail baving was no ante pt Srekeer. brought by the soldiers to esa ny ‘over the territory,and in addition having done evil he cowid, fed from the capi a &n account, or & dollar to his successor. Such is Mexican politics under the 80-called “iiberal” administration, which in reality is bat an administratton of robbery, plunder of January, 1868, Mr. Galan took his und about $70,000 debt on hand, audited ym) by his predecessor; $27 in the trea- pe ne ie offices the most complete dis- . To merease the difficulties there were ru- mors of a revolution, headed Ch Navarro and Cota, enemies ed as friends for love of plunder, tained by the returned soldiers, who, naked hungry, were disposed to do anything for anybody who offered to pay them for their services. The too, was decimating the Nation. All expected that Mr. Galan’s admunisti a would be far better than that of apy of his all common people and in his dete) ion and energy to put a stop to all thelr troubles. In fact, more was expected of him than it was possibie for man to accomplish under the circumstances. Nevertheless, undismayed by the arduous task before him, Mr. Galan set to work to accomplish the much- needed reforms. He first ordered the ple to be vaccinated and the expenses paid by the territory. Revolutionary leaders were made to declare that they would commit no acis to disturb the public peace. Nineteen common schools were established through- out the territory upon the American common schol principle, and endowments created necessary for their support, In La Paz three night schools were established, where the adult population to the num- ber of one hundred and fifty attended and eager! commenced learning to read and write. Of this number of schoars, nearly all were natives (Indians), employed as cargudores (dock laborers) and like manual employments. lew judges were ap- pointed, barbarous and inhuman punishments were abolished, such a8 the cepo (stocks), iron bands, &c.’ The brutal features of the old criminal law of the territory were also abolished. In factya new system of law and government, such as characterizes Chistian nations, seemed to spring up as if by magic upon the ruins of deceit, treachery crime and barbarity, Simultaneously with the above remarkably ‘‘pleasant American innovations,” as some traveller called them, the Governor pardoned all political prisoners (traitors excepted), made the government house habitable by painting and fur- nishing it, and began a thorough work tion by repairing and making streets, building as, and other Lane gen a Several new lidings were started by private parties, le feeling that a new era of prosperity had ‘dawned. 1 the new Governor watched jealously the entri the Custom House, ans ring the territorial debt by adinitting in payment of duues audited the amount of be paid. He reporved to the general government the actual condition of the country, aaked authority to pay the returned soldiers and the territorial debt. The general government, silent on many pointe, authorized him to p: territorial debt on hand, ins of bettering the condition of the administration, had the contrary effect. The terri- tory had no revenue, except that derived from the Custom House. The insignificant imports from San Francisco were the only resou and ag forty per cent of these were paid in paper, the remainder was hardly enough to cover the bare expenses of the of bonds, who were not merchants, not the slightest probability of ever being paid, or at least they must wait for an indefinite period, or seil their paper at a discount of fifty, sixty, or even ninety per cent. The poorer classes, the soldiers, who were literally starving, began to sell thetr paper at these rulmous rates and Murmured against and cursed the government that called them to battle and yet compelled them to make such sacrifices. The anti-American faction bought most of this paper, because they knew they could get bacx their money on their first shipments, besides making an enormous entage. About this time a revolu- tion under Martinez broke out in Sinaioa, which found many sympathizers in Lower Caliiornia among the returned soldiers. It was indispensable pisieae an outbreak, and there was no ot way but to pay the soldiers and thas appease their i creasing discontent, At this juncture the Ameri- van brig Angenette, from San Francisco, hove in sight, laden with a valuable cargo, which would pay about $60,000 duties. The moment the fact was known every one was clamorous that the ship should be allowed to discharge and the proceeds oi the dutics applied to the paymentsof debis. The owner of the cargo went on silore and stated to the Collector of the port that he would land them provi- ded a certain reduction was inade upon the duties and would cash immediately if his proposition was acceded to. It had been the custoin in ali the ports of the Pacific to make @ reduction of duties, owing to various causes—which causes I saw fully set forth in the HEKALD of March 3 in @ letter from this city—these reductions in many cases amounting ‘to forty and tifty oe cent, in contravention of the tari. ‘The general government, from its weakness @nd inabitity, has had to wink at tuese things. in the case just cited the owner of the goods produced @ letter from the Collector of the port at Guay- mas offering to make a deduction of twenty per cent, and assured the officials at La Pay that Martinez would make @ reduction of double that amount. Of the latier fact there could be no doubt, and the letter spoke for itself, Governor Galan, taking into consideration these facts, aud the further fact that if the ship went to Mazatian the money wou.d increase the power of the revolution, to the damage and injury: of the general government, ordered the ship to be discharged. The Collector of the port, feeling that such a just measure would greatly increase the popularity of the Governor, and lustigated by the Hidaigos, denied himself to be a ‘the Gefe de Hacienda, (State | been brought, would salary | who percent of the total amount to | diction of sal government, AS @ consequence the holders | State, artictpator in the affair upon the ground that the jaw forbade it, although be had frequently been a | party to such acts before. The Governor, however, was resolute. He felt justified in his conduct, and as the people were becoming more” impatient, he determined to suspend from office the Collector of the Port. There were suflicient reasons to justily this step. Among others it was notorious throughout the territory that the Collector was straining every nerve in secret to start a revolution, his disobedience to his superior, bis ayowed contempt of the govern- ment and his inability to fulfl! the duties of his ofiice. ‘The general government as far back a8 1852 authorized the Governor of the territory to appoint eraployés of the Custom House, and under this order Navarro had been appointed. The order bemg in esse, and the Governor taking for ited that the authority to create implied the t to suspend, suspended Navarro and appointed one of the most dangerous of the returned soldiers to ill the office ad interim, thus trying to harmonize the military and civil elements. The slip was discharged, every cent of the duties went wo pare of the territorial debts and to pay the soldiers, as well as the various employés in the Custom House and other public offices, some pre sed | idalgo, | of whom the government owed for five years. All bills were paid and the territory declared free from i= . | debt, a thing that had never been known in Lower pe el | fornia up to the aduministration of Governor Jau. The enthusiasm of the people knew no ands; the were contented aud peace re ored, Tn ct ug the debts Navarro himself re- ceived over $2,000, the Hidalgos over $6,000, and some of their bills looked dubious; but they had been audited and ordered paid by the former Governor and there was no reme The acting Governor might have foiowed the general custom tp affairs of this Kind by yetting around the provisions of the law and pockeUng the money. Hat he preferred to act honorably aid honestly, and is wow suffering the nseqnences Of his upright dealing. Had he been | an official robber, an oficial assassin or an oficial | erer, but at the same time @ rabid American | be would still be Governor of Lower Call- | fornia. After his successful administration of affairs at | the Governor paid a visit to the interior of tory, and vived by the everywhere heid he greatest enthu- as re sm. si. He made tt become self-sus- | taining; ordered @ census to be ts sished op- | presaive locu! taxation, and in ail hts efforts was the | | recipient of the heartielt sympathies of the masses. | citizen and an American to all Meantime his enemies were hard at work. Lopez, the Gefe de. Hacienda, deposed by Pedrin and Na: | varto, came to Mazatian, and here interested in tieir ‘avor sotne of the leading men (civil and iilitary) known as vafriendly—to use the mildest eapression— to Americans, stating that Calan Was an American intents and Hiduigos. They went, theretore, e capital. de- | purposts: that he intended to annex Lower termined to show the Governor that ue election could | California to the United States; that already the be heid uiiess & majority of tie electors Was presenl. | americans were getting the upper hand of Mexicans ‘The Governor, influenced by the factions wiose i- | jn Lower California, &e. iP inese reports found strumen( le vas, acceded to thelr suggestions, LUC | their way to Congress, where Hidalgo tortured them in the meantiine hurried up the elections, and Mr. Tr | into a general American invasion upon Mexi soll, Hidalgo was ted. his uncle, Manuel Navarro, be- | (ndoubiedty these and other reports alarmed the ing the president of the board, and tus brother Juan | Juarez administration to a hi te of excitement, and ano lier uncle tie secretaries, This farce of a8 | and the consequence Was the President of this election excited the Indigaation of the people, Which | sister republic ordered immediately that Governor continued to increase to an alurining extent, when the newly elected Hidalgo, dushed with victory, stated that Manuel Navarro would be their next gov ernor, whetlier they liked it or not. for Mexico, after having received from his uncie $2,000 as travelling expenses, although the treasury was empty at the time, and the very paper used dur- ing the election is still unpaid for. The election for member of Congress over, the people prepared them- selves for the territorial election which was to take place @ few days ‘ards. The fidence shown by the Hidalgos and Navarros, their boasts and threats, made every one careful at the 8, and the result Was ap overwhelming deieat to and the election, among others, of Mr. Galan ‘as member from La Paz to the Territorial seats Under the constitution there are eight members in the Assembly, one from each municipality, and it devolves them, when united, to elect the Gov- ernor of territory—in this instance to elect a suc- cessor to Governor Pedrin. if for fn. Mr. Hidalgo left | be thought of was spared hi Al La Paz je was placed tn & filthy room, Under the existing laws, reeson no election has Deen made the pT reduction of why not Galan be de] and thrown into prison. Such was done without the Governor being even permitted to arrange his private affairs, Xo naga! that Cg 4 by soldiers, without either water or Da- valos, now the Military Governor of Lower California, who made the arrest by order of treated Gov- ernor Galan with the (ayey 3 COPY communication sent him by him as fo er and drops the Sefior or in addressing gentiemen in Spanish petty hate and miserabie not to ous intents, thus evinced of cials and highwaymen in their treatment of America witnessed by gatragee, the Ver: ratl murders not infre- ju have occurred to travellers these and ons that Foads, But why indignities chizen F' Because it wae an meric es arrest Governor NEW YORK HERALD, @ prowinent whoin no charges hud oe a [op en ne omega Je 2 , Governor had to pe “Banaea over to General Coro afile of so ers. Here he now is. Unlike political or e prisone State the | tn other countries, he hag to furnish his own meals, ght and whatever can add to his comfort, A pri- vate citizen has furnished him a bed. On his tirst being imprisoned here he called on his guards for a lizit, but they snaiensly Peplied that the light of the moon wag ail he wanted, and asking for something to eat thoy told him he had eaten enough, and if not, that heeould furnish his own eating. The tloor of his present room, | am informed, is neither as nght nor as clean as the centre of Broadway, and at times he is guarded by twelve soldiers, and a light kept burning in his room the entire night. Wha! a change for evil has the Mexican anthor!- ‘sus- | ties mace in this case! Lower Calffornia, from civil and | rule, law and order, i Ri pd and advancement, is reduced to pee military vassal Public works suspended, schools ci three hundred soldicrs robbing the scanty proceeds of the Custom House that was formerly applied to educational and other insti‘utions; all reforms abated, individual will usurping law, mines and commerce again subject to arbitrary regulations, one man power exercising despotic rule, and @ general system of public plun- der inaugurated. Whatever evil reports may have reached President Juarez these are the facts in the case, and his hasty and somewhat tyrannical con- duct towards Governor Galan Will not raise him in the estimation of those Ameri cans who were heretofore his friends, and who defendea hn when by his own countrymen le was denounced as an “Indian usurper,’’ “a base be- trayer of the constitution” and other epithets less agrecable to the ear. The faction that advised and competied him to act as he has are not his friends aud would betray him body and soul if they found it iu their interest so%0 do, They, however, are satis- fied; for they have satiated their bitter malice against Americans and American interests. This matt as given me more insight into Mexican affairs than | ever had before, and I must say that | am thoroughly convinced that the United States government knows littie or nothing about. Mexico—I mean the real fee! ing entertained towards us by Mexican leaders. T! are insolent in their insults, and as they say, ‘‘Hav- ing whipped the greatest military nation of the age (the French)we don’t fear much about the Yankees King Lower California or any other part of our country.’ The fact is—and any person conversant with the feelings of the present Mexican leaders, both military and civil, knows it—they are eager for a war with the United States, because they want to blot out the stigma cast upon them by the French, who said that ‘one word from Mr. Seward was more powerful than a nation of Mexican bayonets.” Does regencra- | not this case promise to become an important one in international law? Can an American citizen hold office under a foreign government without taking oaths or ob! ‘ions to defend and ber 58 its con- stitution, while at the same time has never renounced his American citizenship and has never shown any intention of so doing, but, paper to | on the contrary, when arriving within the juris- foreign government, took out his matriculation papers a8 an American citizen? As a citizen of the United States, holding office under a government, can that government arrest and imprison bim and treat him with unusual harshness, while at the same time he is arrested and imprisoned set and the returned soidiers. orders, without cash | on the ground of being an American citizen? That he was arrested on this ground, and also for his well known sympathies to Americans and American in- terests while acting as Governor of Lower California, no one will deny. Inthe case of John S. Thrasher, who was accused of being an accomplice in the in- vasion of Cuba by Lopez, and which came before the country in 1851, while Mr. Webster was Secretary of it was held that, although Thrasher was tried for high treason or conspiracy against the crown of Spain and condemned to eight years’ imprisonment to hard labor, he, Thrasher, being an American citizen by birth, bis release was claimed, not asa right, but as a favor, by the American government. In tue case of Martin Koszta, who took active part in a revolution in ilungary against the Austrian crown, and who afterwards returned to Turkey (after visli- ing the United States, and here taking out his firet papers of aliegiance to our government), and while there waa arrested by the connivance of the Aus- trian Ambassador and hurried on board an Aust man-ol-war, it was held tnat the United States gov- ernment had the right to protect Koszta, and said government upheld the conduct of Captain Ingra- ham, of the United States sloop-of-war St. Louis, in rescuing and protecting the prisoner Koszta. lf our government interfered in protecting the nts of Thrasher and Koszta, as Ameri- can citizens, it certainly should interfere in the case of Governor Galan, who, engaged neither in rebellion nor acts uf war against the Mexican govern- ment, is now in prison on the alleged grounds of iis being an American citizen. On the conwary, instead of ein engaged in rebellion azainst the constitured authorities, he was humanely occupied in advancing the happiness and welfare of Mexican citizens, in re- storing order, spreading education among Ke masses, and his works are proof of the spirit and Th- tention that guided him in his oficial career. ‘Tuere is not a single case cited in “Wheaton’s Elements of International Law” that throws any light upon the case under discussion, it will therefore be new, and will undoubtedly attract the attention it deserves from the American preas and the American govern- ment. Not content with wholesale slaughter, fratricidal wars and endiess rebellions, Mexican leaders appear anxious to crown their infamy by persecutions of American citizens, Telegraphic reports, correspon- dence and private letters from that sanguinary re- public unmistakably show that a bitter hostility exists there among the leading political and military spirits, and also in commercial circles. In addition to the late outrages we bave clironicied an impor- tant letter from an American citizen in Mexico A pears in the H&RALD to-day, which gives a plain and complete statement of the oppressive and tyran- nical conduct of the Mexican government to- wards the late Governor of Lower California, Charles F. Galan, an American citizen, Mr. Galan has been deposed from office, treated with contempt, not to say inhumanity, thrown into prison aud guarded by insolent soldiers, simply because he dared to do for Americans Wuat other governors had done for Buropeans—namely, to adit an American veusel at a reduction of duties. The facts are so fully set forth m the letter to which we refer that it Is un- necessary to review them here. Governor Galan has not asked the United States Consul either at La Paz or Mazatian for protection, simply because he did not consider that he had committed any wrong, al- though both consuls offered him protection on the ground of his American citizenship, considering that although he held office in Lower California he had never foresworn his aliegiance to the United States nor taken oaths or obligations to the Mexican gov- ernment, and was consequentiy an American cit- zen. If the Mexican authorities believed him guilty of official misconduct he was only to be tried by them; but they have not seen fitto give him @ trial. Some doubts were entertained as to his per- sonal safety, and in that case his friends would un- doubtediy advise him to seek protection from the American consul at Mazatlan. This, we believe, it was the intention of the prisoner to do upon the ar- rival ot the first American man-of-war in port. This case, aa our correspondent states, promises to be a very important one. Certainly our government should make immediate inquiry into it and demand redress for such acts of downright insolence, The government of the United States has been tolerant vo the last degree with Mexico, We have even been charitable. American citizens have loaned money to that government to carry on war against a European Power, and that money has never been repaid, and provably never will be until its return is compelied by force. ‘the American legion fought for Mexican liberty agaimat the Austrian usurper, and upon the termination of the Warits members were notoriously | and shameuily treated by the Juarez administra ong shall we continue to be deceived, ec ed and insulted by a pueitaoimons but insolvent se! of national cutthroate? The American people are not prone to make War wntil they are driven to it, bat tien they make war in earnest. Andif Mexican leaders will Continue to show hostility to American interests American citizens; if they will bring the vengeance they justly deserve the Instrument that will forever a people from the pack of scoundrels blackened the pages of history with a record of crimes, assassinations and marders. OBITUARY. ; on. Commodore G A telegram from Schen the sudden death of this distinguished naval omicer in that city, from congestion of the brain. The de- ceased was @ native of New York State, where he was born about the latter part of 1812, and was con- sequentiy m the fifty-sixth year of his age at the of bis death. He entered’ the naval service of the United States on the 4th of March, 1823, when quite a boy, and after receiving the education given to naval cadets was assigned to active y as 8 imidshipmen. He rose to prominence during the Mexican war, fn which he was actively engaged, and while in command of the John Adams distinguished himself. During the Indian war of 1860 he also made his mark, particularly at the battle of Sitka, on the Pacific coast; For some time after the outbreak of our recent civil war he was chief of the Ordnance De- partment atthe er Navy sequently In command of th His last cruise ex, His seen of Beptethoer, mmodore, Tus Way THR MaIDans Do in —" Chicago have learned a trick or wo from to the of the courts, FRIDAY, JULY 17, 1868. aso NEW YORK CITY. “THE COURTS. SUPREME CCURT—CHAMBERS. That mig Judgment Againet the Pacific Rail- way. Company. Before Judge Sutherland. Ross, Steele & Trowbridge vs, the Union Pacytc Railway Company (#astern Division),—This is ihe suit brought by plaintiils, ‘the construction con- tractors of the defendants’ line of road, to recover damages for the breach of contract, in which a judg- ment in favor of the plaintif!s was ordered a short time aince for upwards of $4,600,000, A motion was made yesterday by defen@auts to open the judgment on the ground that they had appealed to the General ‘Term from an order made in November last refusing to set aside the service of suramons in the action, and that the appeal was as yet undetermined, It appears that the desendants put in an appearance by one of their directors only, upon whom the sum- mons was served, that they (hen moved to set aside the summons, which was denied and an appeal taken, which was to have been argued at the January Gen- eral Teri, but by reason of extension of tine has not been heard. Some misunderstanding followed in relation to the last extension of time, the plaintiffs entered judgment as by default upon the repens of a referee computing damages. ‘ne defendants desire to have the action tried by the courts of the State in which the cause of action arose, and the plaintifs, by affidavit, allere that the defendanis have distributed such large amounts of money in that section that it would be detrimenta! to their (| Trae interests to have the suit tried there. The plaintitfs, however, are willing that this judg- ment should be set aside if the defendants will ap- pear generally, and tus give the New York courts complete and valid jurisdiction. In opposition to the motion an affidavit of the plaintiff, John Ross, was read, setting forih that the motion was made merely for delay, and to enable the defendants to evade the recovery of the judgment, and to. swallow up their assets by speculation, &c.; that by letting and sub-letting the contract for the building of the road to the friends of its directors and other officers the construction of the road was now costing about $50,000 per mile, which, in the opinion of the most experienced railway men, was more than doubie what it should cost per mile; that upwards of $5,000,000 of the stock of the company has been dis- tributed among various parties to secure cer- tain privil lor the road, and that deponent can, if desired, furnish the names of the parties to whom this large amount has been paid, with the amount paid toeach, (Gentlemen holding high legislative offices under the general government are the ‘‘par- tles”’ referred to. At the close of the argument tie court took the papers, reserving its decision. Margaret Welsh, Alias Fanny Wright. Ad- mitted to Bail. In the Matter of the Habeas Corpus in Behalf of Margaret Welsh.—The petitioner, Margaret Welsh, alias Fanny Wright, was convicted in December last of murder in the second degree for the killing in October last of police offjcer Robert 8. McChesney, at the corner of Mercer and Canal streets. On that con- viction she was sentenced to imprisonment for lite at Sing Sing, and had entered upon the completion of the sentence when her counsel, J. D. Townsend, appealed on exceptions to the June General Term of this court. A decision was rendered on that appeal reversing the judgment and ordering @ new trial. Margaret was subsequently returned from Sing Sing and confined in the Tombs to await a new trial. Yesterday her counsel brought her before this court on a writ of habeas corpus, and she was admitied to bail in the sum of $2,000, The Chicago, Rock Island and Pacific Ralle road Row. Before Judge Ingraham. Gates vs. The Chicago, Rock Istand and Pacifie Railroad Company.—This was a suit precisely simi- lar to those which were some time since settled by arbitration, and came before the court a few weeks ago on @ motion to continue a preliminary injunc- tion enjoining the negotiation of the new issue of 49,000 shares Of the capital stock of the company. Judge Ingraham yesterday rendered a decision deny- ing the motion and stating that the questions raised here were similar to those raised in the other litiga- tion, and which had been passed upon by the General ‘Tera; and although individually ie was disposed to difer from such decision, he felt himse!f bound by it. COURT CALENDAR—THIS DAY. SuPREME Covrr—CHAMBERS.—Noe, 73, Ks} 75, 76, 120, 128, 129, 131, 167, 168, 169, 170, 171, 172, 173. MARINE CouRT—TRIAL TERM.—Nos. 1916, } 1330, 1762, 1048, 1924, 1926, 1929, 1931, 1936, 1950, 1951, 1953, 151056, 1967, 1958, 1964. CITY INTELLIGENCE. SUICIDE IN THE PARK.—An unknown man, about twenty-seven years of age, attired in dark clothes, with a Kossuth hat, committed suicide in the Park yesterday afternoon by shooting himself. SWINDLING JEWELRY ESTABLISHMENTS,—The Mayor has received a communication from nearly every occupant of buildings on Cortlandt street, ask- ing him to suppress the swindling jewelry establish- ments on said street, as they injure the reputation of the street for business purposes. Mayor Hoif- = sent the letter to Superintendent of Police Ken- nedy. CHOLERA MoRBUS.—It is said that a large number of persons at the present time are suffering from this malady—no doubt brought on by an immoderate use of ice water and a failure to observe a proper diet. At this season of the year, when #0 many are fallin; victims to the “heated term,” too much care cannot be taken in observing a proper diet and taking rest— important essentials for the preservation of health, BOARD OF AUDIT.—The Board met at noon yester- day and heard the evidence in the following claims:—Alexander McGuire for $5,195 for loss sua- tained upon a contract to furnish Croton water pipes in Tenth avenue; E. V. Haughtwout and ot! $9,508 87 for cleaning Broadway from July 14, 1857 to uly 14, 1869, as per resolution of the Common Coun- cil, duly approved by the Mayor. Decision reserved. After setting down for @ hearing on the 24th inst. the consideration of claims amounting to nearly $1,000,000, the Board adjourned. BOARD OF ALDRRMEN.—The Board met at two o'clock yesterday afternoon. A resolution to widen Broadway, from Seventeentn street to Fifty-ninth street, 80 a8 to conform to the present width of the new boulevard, was referred to a special committee of five, consisting of Aldermen Connor, Hardy, Moore, Ward and Coulter. Resolutions were pre- sented and laid over to pave Bicecker street with Nicolson pavement and to widen West street, from Hainmond street to the Battery, in accordance with the lines laid down on the map by the Harbor Com- missioners, The Board then adjourned to Monday next at two P. M. THE TWENTY-SECOND REGIMENT, having recovered from the excitement of the Boston trip of companies Band D, are devoting all their energies towards completing their arrangements for their approach- ing encampment at Long Branch. The regiment has been promised by the State authorities new Springfeld rifles in place of the short Enflelds with which they are now armed, and Colonel Post has borrowed sixty Springfelds from the arsenal for the use of those companies who are practising the firing drill so that they may become accustomed to han- diing them. It is stated that General Aspinwall has tendered a prize to be shot for during the encamp- ment, and that Mr. Charles H. Stetson, of the Stet- son House, has offered a handsome gold medal for the same purpose. ® a resolution of the board of oMicers white pants have beep added to the regi- mental bill of dress, and will prowably be worn at the Gop at the cap; and on account of the weight of the Vand worn by the regiment tne drooping part of itis tobe cut off so as to leave it standing upright, ike a heron plume. THR DEATH OF PROFRSSOR MORTON.—Coroner Rollins yesterday afternoon held an inquest over the remains of Professor W. T. G. Morton, late of Boston, ‘whose death was mentioned in yesterday's HeraLy. Professor Morton 18 sald to have been the first man ‘who introduced the use of ether and chiorotorm in the army for surgical purposes. He had been ill for some time, and recently arrived in isd city from Boston with his wife. On ‘edi afternoon, as they were returning from o ride in the Park, the was sunstruck at Luft 's, 110th atreet, when Dr. Joseph G. Shaw, of Fiftieth street and Third avenue, who hap- pened to be there, was called, and did hes aes hy iB pow to consctousness, bu' y SMALLPOX AND SarP FEVER AT QUARANTINE.— Nine vessels arrived at this port yesterday, witha Privats WATCHMAN SHot.—About two yesterday morning Charles Moore, employed as a private watchman on pier No. 28 North river, was were surprised by him, as it is alleged, while en- deavoring to carry away merchandise in his care, ‘The wound was a slight one, fortunately, and Moore Will soon recover. assassins escaped. ACCIDENTAL DROWNING.—Last evening, about half-past eight o'clock, James Bresler, 19 years of age, was drowned while bathing @ the foot of Fifth street, East river. The deceased resided at 118 Sheriif street. His body was recovered. POLICE INTELLIGENCE. THE LADY INSULTERS AND MAGISTERIAL ASSAIL- aNTS,—Justice Hogan yesterday moruimg entercd a complaint for assault and battery against Thomas- Adams, alias Butts, and John Thompson, alias Casey, whose arrest he had caused by officers Britton aud Wiliams, of the Broadway squad, as mentioned in yesterday’s HERALD, It ap that in riding down through Church street in an omnibus Judge ten observed the prisoner Adams, alias Butts, lifting the dress of a lady passenger with one of his feet, The lady appealed to a gentieman sitting near her for protection, but he paid no attention whatever to her appeal. Judge Hogan then took up the case on behalf of the insulted lady by telling the prisoner that his conduet was wrong, and requested him to desist. The Judge at this was abused by Butts, who applied the most abusive and insulting language, during which the lady left the stage. Soon afier- wards another lady eutered the omnibus, and butts again amused himself by lifting ber dress in the maa- ner already described. The second time did Judge Hogan remonstrate with the prisoner, whereupon Thompson, alias Casey, attempted to leave the stage, but the Judge prevenied him from s0 doing. ‘The two then assaulted the magistrate and struck him an the face with their fists and Adams kicked him se- verely in the side, By tis ume the stage was near the corner of Barclay strect and Broadway, and see- ing the oMcers, Judge Hogan called upon them to arrest his assailants, which was done. ‘fhe prison- ers resisted with all their force, and expressed re- greta that they could not. get away, £0 as to “warm” the Judge. At that moment one of them did break loose, and rusting upon the m: ‘trate, thrust his fist in his face, One of the fellows’ fingers was caught between Judge Hogan’s teeth, which, being strong and sharp, ‘was badly bitten before he could extricate it. When the fellows found that they had been beating a crimi- nal magistrate and that they would be arraigned be- fore him, their tone changed, they became meek as curs and were profuse in excuses and apologies for theirrufMflanly conduct, but it availed them nothing. On the affidavit of Judge Hogan the prisoners were committed to the Tombs for trial in default of $500 each. In addition to being blackguards tie police say the prisoners are thieves. One of them lives in ‘Newark and the other in Brooklyn. ALLEGED INTERFERENCE WITH AN OFFICER.—Hugh Schwartz was yesterday held in $100 by Justice Kelly to answer to a complaint of Luke Leahy, a deputy sheritt, who alleges that Schwartz threatened to shoot him, he (Leahy) being. at the time in charge rty at the foot of Eightieth street, of some pro) East river. It is alle @ portion of this property has recently been stolen and that it was upon Leahy speaking to Schwartz about it that the threat was made. BROOKLYN INTELLIGENCE. Frres.—A fire broke out at No. 59 Raymond street yesterday morning and caused a damage of nearly $1,000 before the flames could be subdued. The fire communicated to the adjoining house, No. 61. Both Were occupied by a number of families, who lost nearly all their furniture. A fire also occurred in the house occupied by Rich- ard Corcoran and others, 64 Ryerson street, about the same hour, which was damaged to the extent of $2,000; insured in the Mechanics’ Insurance Com- pany for $1,000, ‘The tenants, three in number, lose about $100 each in injury to their property. The flames communicated to the house of Andrew Stevens, adjoining, which was damaged to the amount of $1,000; no insurance. The residence of E. Gates was also damaged by water and fire toa like extent; no insurance. THE LaTR CaR ACCIDENT.—Philip Flood, the boy who was injured by having his feet crushed beneath a of railroad car on the Flatbush avenue route last week, died yesterday from the effect of his injuries. Deceased resided with his parents at Windsor ter- race, Flatbush. PRosPEcT PARK.—The Commissioners of Prospect Park have very generously supplied one of the en- gineers of that work with $1,000 travelling expenses to enable him to make a tour.of the European conti- nent, with a view towards making improvements on the original designs of the new park. They have further peice $500 for the purchase of photo- graphs and drawings of prominent pleasure grounds abroad. YACHT NOTES. ‘The subjoined pieces of plate are to be presented as prizes to those boats in the fleet which shall show the fastest heels during the cruise in August of the New York Yacht Club’s sloops and schooners, ne were designed and manufactured by Tiffany & 0.1— 1. Punch Bmol.—This piece of solid sterling sil- ver is twelve inches in height and twenty-three in circumference. Its weight is sixty ounces and its value $300. The handles to the sides of the vessel are so fashioned as to represent Neptunes holding tridents in reverse, as if about to dip them in the sea; that on the cover, which is upright, rests on three dolphim heads, which are placed at right les to each other, The sides are what is technically known as ‘flat chased,” with tv: leaves and raised figures. There are shields on eac side for inscriptions. The feet are without particu- lar ornament. The bow! is exceedingly handsome in form and finish, and will doubtiess prove accent- able to whoever shall have the good fortune to be- = its master through the superior sailing of his yacht. 2, Pitcher, Tray and Goblets.—These | waked plate are together of the weight of one hundred and eighty ounces and are valued at $800. The pitcher is ten inches in height and seven in diameter. The handle is unique. It represents a coiled rope, at the base of which is a head of Neptune, and on the lid, as if attached to the cable (rope), a2 anchor and buoy. On the vody of the vessel richly chased a nautical design, representing the dolphin, trident and other emblems, while in the immediate front is left a shield, on which the name of the winning boat is to be engraved, &c. Pe gs the pitcher are three pint goblets, gotten up similar style. to stand ts of solid The on which these are silver, eighteen inches in and twelve in width. 3. Pitcher and Godlets.—The gentleman who or- dered the manufacture of the above pleces of plate has also given the firm authority to prepare a pitcher and goblets to match, which are certainly original in design and style. The pitcher, which is ten inches in height by eighteen in circumference, represents a water cask. e staves are of the most approved patterns (in sliver) and elaborately ped, 80 that ‘there shall be no age of that which is put in it except in the right yA In front of this pitcher is a shield handsomely chased. On the lid this, in fall relief, are an anchor (fouled), a block and buoy. The cups accompanying the pitcher are of similar and finish, ‘The pitcher cost $250 and the gobiets $60 each. 4. Wine Cooler.—A very fine piece of plate is the wine cooler. It is fashioned somewhat after a ship’s bneket. Itis nine ches in height and eight and one-half in diameter. The weight ts fifty ounces and the value is $300. On the sides of this vessel are shields supported on the right and left by dol hins,on which are engraved &@ yacht race—fo poats, with canvas stretched, are supposed to be competing witheach other. On the top isa fouled anchor, with it® shaft passing through the circlet of the crown of Neptune, and from the lower sides of the shields seaweed seen in each to form a boundary to the water, on the surface of which it seems to have doated, but from which it was washed shoreward by the action of the tide. The body of the bucket stands on dolphins’ heads. ‘These prizes are certainly splendid, and worthy of the best efforts of the competing yachts. ‘The Joasie is at Sands J’otnt. ‘The Fleetwing was of Newport on Wednesday. ‘The Idler was at anctior on Weduesday near Bel vue Hospital. ‘The trim little Gussie is snugly riding at anchor off Greenpoint. ‘The Phantom was at anchor on Wednesday night off the Club House, Staten Island. ‘The Rambler having returned from her eastern cruise is now lying at Whitestone, as is also the Lu- cille. ‘The Fleur de Lys is on the wing between Mactini- cock Point and Whitestone. She ts trying her speed with everything in the shape of a yacht that comes within spygiass distance, ‘The schooner yacht Panline—originally the sloop Eva—has returned to firss principies and will here- after be known in yachting circles as the si Eva. She was sold some time ago to Mr. Penniman by one of the brothers Lorillard, and is now—so rumor has ag oo by one of the same brothers from Mr. Penniman. The Messrs, Lorillard seem deter- mined to keep her in the family. AAT ‘The Regatia Week at Worcester, Mass. MORMON RECRUITS. Their Appearnuce at Castle Garden—Where ‘They Hall From—Denations”—How They Go to Salt Lake City—Mechanics for Brig- ham’s Railroad Contract. Castle Garden is like nothing in exisience but itself. In this most cosmopolitan of cities, this great artery of life is the most cosmopolitan of places. Here are representatives of all nations. It is the finest field in the world for the ethnological student. Here you may meet single, or families, whose heads are stalwart Milesians, meditative Germans, plodding Dutchmen, mercureal Prenchmen, swarthy Spaniards, black-eyed Italians, sturdy John Bulls, light haired Bavarlans, with here and there a Greek, a Turk, OF an Armentan, and now and then the long-tailed immigrants from Central Fiowerland, Nobody would ibe surprised at encountering a Kafir or a. Polynesian, with his wife and daughters, In fact, surprises anybody in this miniature world; it 18 80 full of wonders that you cease to wonder at themn But he that knows not Castle Garden, as fresh from the trials, the dirt and the miseries of long sea voy- ages, there enter thousands to make this country their home, loses the most striking half of its physt- ognomy. It must be seen and studied when all its departinents aud its clerks are busied wit shipioe? after shiploud of emigrants, That is iis striking feature—in strange contrast with the gayety, the glittering equipaces, the loveliness and the rich at ures but a step beyond, upon Broadway. But the st gest spectacle—the queerest lot of human kind that has for many days congregated within its walls—were bodies of recruits tor the land of Utah to swell (ie munbers of Brigham’s Mormon host tiat arrived on Tuesday last, There were 1,263 of them, and a peculiarly iunny band*ihey made, ‘They caine by steainship, the Minnesota (512), and by sailing vessel, tio John Bright cere ‘phere was but little relicion, but little saintliuess, but little — intelligs reflected from their faces— @ vague, pressionless stare that makes vhem not es) iy repulsive, but decidedly unattractive. They were of many nations, some hailing from Scandinavia, others from England, while Denmark and Wales had their representatives. What induced tiem as a body to brave the perils of the ocean and the fatigues of a journey of hundreds of miles across uuproductive plains, with families, motheriess and fatnerless children, is not apparent. Some evidently from their expressions deem the whole matter an exquisite joke, while others may have strong convictions of the correctness of Mormon tenets, but evieutiy these were fow. Awaiting their arrival at Castie Garden were Messrs. H. B. Clawson and W. C, Stains, agents of the autocrat of Salt Lake, who excitedly ran to and fro upon the announcement of their presence in the harbor and quickly made provisions for their land- mg under the rules of the Commissioners of Emigra- tion at Castle Garden. soon they ran the gauntlet of the doctor stationed there, who natty ee from throngs the orphans and decrepid, questioning them or their friends particularly in relation to their names, ages, &c. Men of patriarchal age and ap- pearance were followed by wives in their teens, and troupes of children, ranging from babes of months to six and seven years, were in arms or clustering about them; young women, with no protectors; ey men, ‘of stalwart forms; widows, with alf ascore of children and comely girls, all were observed in the lot, All were quite decently clad when the heat of an ocean voyage is consid They brought their household utensils with them, and tin cups and cans and frying pans made dis- cordant choruses as they jingled from the backs of the saints, After the necessary routine of the registry of their names was finished the party grouped in one corner of the Garden and made their noonday meal, which consisted of bread and cheese—it was apparently relished by them, many laughing during its mastica- tion. As this was over word went buzzing about to prepare, and before evening the wanderers to the mised Land were 8] ing over the Central Railroad to their destination. The bo btn of the sagacious Brigham assert that many of this lot are skilful, earnest, bard working mechanics, and they, with all the able bodied males, will, upon their arrival at Sait Lake City, be put to work upon that branch of the Central Pacific Ratl- Toad which President Young has @ contract to con- struct, The single women, youths and children will locate about Salt Lake. None have a dollar, their appearance indicate that poverty is their lot, but the agents further assert that this, with the several con- signments soon to arrive, were ‘“donations’’ from city authorities in Europe, whatever that means, Omaha, thence over the Union Pacific Railroad, 670 miles towards the sett sun, they will ‘where 500 teams will be a vaiting ‘and then 350 miles across an alkaline desert, over hilis and moun- tains, must be slowly travelled before their new home will be reached. These are not all of the late “donations” from Europe, as the agents now here soon expect a er number, and they will arrive in the vessels :— Steamship Colorado. Ship Emeraid Isle Ship Constitution ‘These will be sent over the same route and meet the same fate, periaps, as those just forwarded. It will be of interest to mingle witl upon their arrival. CRICKET. The Montreal Garrison Officers Defeated by the “Amalgamated” Eleven. The game commenced on Wednesday morning, at the Cricket Ground at Hudson City, N. J., and which, unjustly purported to be an “international match’? between America and Canada, was decided yester- day in favor of the Americans, The young officers representing the Montreal garrison were necessarily somewhat wearied by their two days’ play with the St. George Club (formerly the “crack” club of the country), and could scarcely be expected to make a very bold stand against a party composed of fresh, lively young Americans and Snglish “professionals. ' ‘The presence of the latter in the fleld was somewhat of an insult toa party of gentlemen amateurs who expected to play with a similar party of American gentlemen, and not with Englishmen and ‘‘profession- als.” The conduct of the young Canadians pee Sve presence here has been such as to show clearly that they were gentlemen in every ct, and was in marked contrast to that of some of their hosts. The batting of Wallace yesterday was remarkably fine, while Pepys and Brown did also some some hit- ting. Wright, Meade and N carried off the ras | honors on the “ mated’? side, At the close of the second Innings for the officers their score stood but three in advance of the first apg score of their opponents. Mr. Meade and one of the members of the St. George Club then k the bat for the second innings, but before any wickets were taken three bycs and one wide gave tothe ‘Amalga- ted” eleven the winning figure. The score of the game is as foliows:— “AMALGAMATED.” Pirst Innings. Rawen 7 Newboldt, b. Rawes d +. 17 Weich, not out. bs + Gordon, b. Pepys % Mumford, o,f 1g Byes 6, log byen 6, widen 9 19 ‘no balll... °° wi Eanatan, b. Mi wards, b. Wright, b. Rawes. Meade, |. b. w., b. wend. . SB « oS / 6 Polat....°.. GARRISON KNIOKERHOCK ERS. <: m7) . fT @. Newbolt, bo W right Waliace, not db, Norte: at nahend, j 9 nec. Wel end 5 2 ices, b. Mende... 5 Byen 2, leg byes 3, wide 1. .4 Es peinastepeeees wa At, D1. Ble 40a, Ben. Bn. TH. 90°. 9D. NOON Amalgamated... 8 50 GL 77 #2 108° 183 138 160 18 Knicker? 6:7 OR we we ON a ee ee et HORSE NOTES. Ex-Recorder Smith has purchased a macnificert saddie horse. He calls him Silver Eag'e. Price $2,500. Mr. Lewis Phillips has taken his Hamb‘etonit mares to Long Branch and is driving them on tl roads there, They are hard to excel in «peed or ap- pearance. Some good horses started for the three minute puree at Island Park on Wednesday. Huntress’ eec- ond heat was in 2:31}. Twelve fast trotters from the Weat to participate in the trote to come off at the Horse Fair at Buffalo arrived there yesterday. General Logan and mate e number. Mountain Boy's 2:27 to n at Narraganset on Wetnestay ins third heat is extraordinary time. has beaten it? them a moment.