The New York Herald Newspaper, March 22, 1869, Page 5

* drew Jackson), THE STATE CAPITAL. Rush of Legisiatlon—Twe Hundred Bills a Day—Probahility of a Protracted Seasien— The Emigration System Occupying Atten= thon—The Case of the James Foster Fever Ship and the Board of Health. ALBANY, March 21, 1869. For @ brief period there is @ pause in the busy Vabors Of legislation, both houses having adjourned until to-morrow night, During the past week @ vast amount of work has been done, whieh shows that the time lost by the recess consequent’ upon the cere- monies of the fourth of Maren is likely to be made up by increased activity in putting bills through, and by holding night sessions in the House five times in the ‘week. There is very little chance, however, that the Legislature will be enabled to adjourn swe die be- fore the frst or second week 1m May, notwithstand- dug the fact. that some two hundred bills are dis- posed of in some shape daily. ‘The subject of emigration and the evils which oc- casionally, yet too frequently, arise from the present aystem, which ts altogether too loose and not guill- , clently guarded by wise legisiation, has come before the law-making powers Liere with some prominence, It is to be hoped that before the end of the session some dedinite and confirmatory action wiil be taken Upon the bills now before tue Legisiature. For in- stance, the bill introduced to the House by Mr. James Irving giving increased power to the Com- missioners of Eimigration to enforce the law of 1863, if it becomes Jaw will be the means of extending such protection as the emigrant system 18 geeply. in need of. bab ak bos Which strengthens the hands of parties in whom comfort and defence of tie emigrant 1s deposited becomes of eminent import. ance just at this time when the horrors of the voyage of the ship James Foster, Jr., are exciting public at- tention and sympathy. The Legislature has already taken cognizance of this shocking episode in our marine history by the introduction of two resolu- tions which are calculated to make a material and much desired revolution in the whole emigrant sys- tem. The resolution of Colonel M. C. morony. intro- duced a few days ago, for example, appears to strike at the root of such evils as have paralyzed the pub- he mind by the last tale of suffering and hardship (if not murder) which comes from the hola of the “fever ship,” whose terribie details are di de- veloped. It proposes that the Legislature shall pro- vide, by prompt action, for the appointment of a Btate agent to accom) every pales vessel to and from this country, such agent to be clothed with authority, to stand asia tector between the emi- grant and the oiticers and crew of theship. This 1s Rouring more than those who come here to seek a home under theznvitation of our constitution and the — of ciizensiup, have a right to expect, or it we should extend to them. H such legislation 18 adopted, we.shall hear of no more such terrible events as have occurred tn this fatal ship of detesta- ble reputation, ‘The Seeond resolution referred to is that of Mr. Hitchman, questioning the authority of the Board of Health to send certain persons from this same ship James Foster, Jr., to the hospitals of Ward's Island, who were not sick, nor in a condition to entitle them to the privileges of that institution, under the law. The Board of Health has got to an- swer this question, as well as to tell why those who have since died of fever were mitted to land at Staten Isiand and Brooklyn, it is remarkable that in the face of these facts, the Health Officer shouk just now, for the first time, have discovered the danger of contagion reaching the city m a few news- paper aragrapha brought by the news boats, while atients suffering from that insidious disease, ship lever, are not only allowed to come ashore, but were id landed under the orders of the Board of lei . THE OONSTITULIONAL AMENDMENT. Speech of John C. Jacobs in the New York Assembly. In the Assembly on the 27th inst. Assemblyman John C. Jacobs, of Kings county, made the following speech on the constitutional amendment relative to negro sufirage:— Mr. Jacobs, upon taking the floor, asked that the report of the committee in favor of ratifying the con- stitutional amendment and his substitute therefor might be read, which, having been done, he pro- ceeded with nis address, as follows:— Mr. SpzikER—We now have before us the ques- tion as presented.1o the House by the committee, of which the gentleman from Westchester (Mr. Husted) is chairman, and by myself. Of the importance of this question I believe both political parties are fully aware. That we should discuss it with candor and that we should decide it upon its merits I believe are equally acknowledged by both of these parties; and 1 rejoice that, so far as this discussion has pro- ceeded, it has beeu conducted in a spirit of candor. If the majority beligve that the proposed smend- ment should pass; if the majority believe that without any submission to the peopig this amend- Ment should be incorporated in the constitution of the United States, why, of course, we of the minority must submit. But before we do any great public act it is no more than right that we should place upon record our reasons therefor; and, sir, when I listened to the speech of the gentleman from West- chester (Mr. Husted) I must confess that I gave him more credit for his patriotism than I expected to be able to admit. He was patriotic if he was nothing else. He was patriotic if he was not argumentative. He was patriotic in all that he said, though never touching the question in dispute. We heard from him as to the origin of the rebellion. We heard from him as to the value the negro had been to us during the rebellion. We heard from him as to the thousands of lives that had been sa- erificed upon the field of battle, But we heard nothing from him aa to the propriety of this proposed amendment. We heard from him as to the enlogies pronounced upon the negro troops in the war of 1812, by great democratic authority (An- But.we never heard one word from him, in that remarkable speech which he made this morning, a8 to the expressions made by that same great authority against such legislation as we are now about toconsummate. That, sir, was a great State mghta authority, always protecting the federal Union, always defending the federal conStitutton; but, nevertheless, always insisting upon the rights of the States in the Union, under the constitution. He told us, sir, in his speech, and he gave it as a reason why this amendment should prevail, that there had not been a negro unfriendly to the cause of the Union; that the coiored men of the South had rallied around our standard in its days of trouble; that they had helped sustaia our armies in their marches through the Southera country. He told us this, and many other similar things. He never stopped to tell us, sir—be never thought, perhaps, of telling us—that tt ‘was these same Degroes wiiom he would enfranchise to-day, who gave strength to the rebellion and fed its armies, and who upheld its power while the white men of the South were contending against his brethren of the North. He forgot all that; and yet he told us there had not been a negro unfriendly to the cause of the Union. He told us also, air, that while these negroes were so friendly to the cause of the Union in the South, tens of tuousands of Northera democrats were howil pst the Union im the North. He never though that argnment—he never had the magnanimity for a moment to teli—of the haif million democrats who, joined atm-in-arm with their republican eae ‘went to the scene of strife and sacrificed their tives in defence of the Union, « (Applause.) Now, sir, in debate let us be magnanimous; in dis- Gussion let us be just; and while these things have perly no counection with the subject under dis- cussion, yet, when they are forced Tr us, let us consider them justly aud fairly. 1 will now—and I shall not be wearlsome—call the attention of this House to sume of the remarks nage my friend from Westchester, and shall briefly allude to the moticeable remarks made by other gentic- men before | discuss the tule reposee A me for the report the committee, le tells us—l speak now of my sfriend from Westohester (Mr. La ag! all governments ich deprive the citi- and in that are tyrannical and despotic wi gen of the t of the clective very breath he telis us that more than one great re- publican State—States which are always Mt can—he tella us that these State governments are een a in those States it ts a well known fact that a large number of citizens are deprived of. the right of voting, not because they have been gaity of @ crime; not because they have violated law; mot because a are white or black, but deprived, nevertholess, of the right to vote ‘sim- ly becanse they cannot come up to @ cer. standard of education to-«lay of New York and Brooklyn than in which are known as republican cou: in this State. We spend ten dollars where the best of those rural counties spend five for the purpose of our children the benefit of educat and of Atti her amonts (Applawae.) le forgot to give. to We ve la Seat mecopel of Which his di the credit which is its due. He a8 Svery mas te likely 40 in tive beat of potions enter. af ye . ‘ ae een eatin eharaclor at tose who are to Toliow in thelr foststepe and help direct the aitalre of government, Mr. J. C. B. Davis—I ask thas the rule be enforced Af this applause is vo be PEAKER—The Chair see that the rale ts en- forced. Upon a repetition of applause the galleries Wilt be . ‘Mr, Jacops—Mr, Speakér, I have given the gentle- man credit for making ‘an. eloquent pte he certainly made an eloauent speech. I had, however, forgotten to ailude to what gecined to ine to that great battle of the ‘West or Southwest (Murfreesboro), when he pictured to us in glowing language the arinies of both sides; the defeat of our forces, the rally and the eventual triumph, It was in that portion of his 5) that he pictured to us this great event that I really thought the gentieman was cioquent; but winle he spoke anuther great event in the military history of our country came fresh to my mn! It was, sir, on the decisive fleld of Gettysburg, when the rebel Gen- eral Lee directed one of nis most able heutenants to pierce the Union centre—which done would have ended the rebellion, and disastrously for the repub- But there was in command of that centre a brave and gallant soldier, a man who knew how to lead his troops to battle and to victory. A dem- ocratic soldier, sir! There was in com- mand of that centre a man who, wher this great. lieutenant of the rebel hordes came thundering on, hurled back his forces and saved the republic. Whatis the result? The rebel Meutenant who so nearly pierced that Union centre 18 rewarded by a federai appointment, and the fed- eral general 1s sent into exile in the wilds of Da- cotah, This 1s rewaraing loyalty! This is giving to these brave men who upheld the standard of the re- public so nobly their due! How do you account for IY It 4s because this republican party, so overgrown with pride, 80 fll of lust of power, dare not do jus- tice even to the men who perilled their lives in the defence of tlre republic. Mr. LaBau—To whom do you allude. Mr. Jacons—I refer to General Longstreet and Genera! Hancock. Well, next friend from St. wrence, Mr. Gleason, arose; I like to hear my friend from St. Lawrence. He is always argumenta- live, and seldom attempts to be eloquent, and he, first of ail, really opened this question; he first of all reached the substance of it when he satd that he believed if we decided in favor of this amendment We would decide in accordance with the judgment of the people. Now, sir, that is exactly where | wish tu have this qufesuon placed. It is the position which I wish my republican friends to take. Then, sir, my friend trom Orange, Mr. Davis, whom all know asa scholar and a gentleman, a gentleman who generally takes things in good part, although to night I see his spirit is a litle perturbed by the demon- strations in the gallery; then my friend from Orange arises and says that heis astonished that I propose to submit this amendment to the ‘Peopie of this State. He is astonished that I asked for the popwas, verdict upon this great question, so affecting the vital interests of the entire country. Are we not in this free government of ours to be alway: by the will of the people? Do not we say that itis the will of the people which controls, and that we but obey it? en the rebellion began the republican ‘ty sald that as the will of the people placed brabam Lincoln in the Presidential chair, so must the will of that people be enforced. I clatm what Was good in 1860 and 1861 is good to-day. If it is the will of the people that this amendment prevail, then let it prevail. If it is the will of tue people’ that it should not prevail, then let it falitothe ground. Why astonished that I should propose to submit it to the people? He says the constitution provides that it shall be submitted to the Legislatures of the seve- Tal States. Now let me see what the constitution does provide:— ‘The Congress, whenever two-thirds of both houses shall deem it necessary, shail propose amendments to this conati- tution, or on the application of the Legislatures of two-thirds ‘of the several States, shall cail a convention for proposing amendments, which’ in either case shall be valid * * @ when ratified by the Legisiatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode may be proposed by the Congress. Now, sir, article five of the constitution of the United States looks to the ratafication of the amend- Tents proposed to the consttution by parties com- petent to express the will of the people. ‘That article simply says that three-fourths of the Legisia- tures may ratify, or that conventions In three-fourths of the States may ratdy as Cougress directs, if it was intended merely to submit tuls question to the Legislatures of three-forths of the States, or require the assent of three-fourtis of the States, why even intimate that conventions might be called? ft was simply for this reason, air, that there might not be Legislatures in session at the time chosen by the people with the power to express understandingly the will of the people upon great questions affecting the fundamental law the republic. When it was proposed in Cor that this question should be submitted to conven- tions the republicans voted it down. Why? Because they knew that three-fourths of the Legislatures of the States were republican, and that therefore they had what might be termed a sure thing of it. I hold, Mr, Speaker, that when you attempt to amend the constitution of the republic—when you attempt to add to or subtract from that great law, which is the heart, and life and liberty of our people—is made it should not be the act merely of @ party. It should spring from the ple. It should come from the popular heart, and there should be no such thing as rtisanship about it. It was when you began to lorget the constitution, it was when you began to neglect it and to cast 1t aside, In order to uphold the dogmas of your party, it was then, sir, that we heard of amendments proposed by @ party, and adopted simply by a party ; not until then, not until this war commenced, and until this republican party as- sumed power. Why, my friend from Orange again said, (and in this he expresses the entire argument so far as the amendment is concerned upon his side,) the application of the amendment will aifect nothing in this State, except in a very closely contested elec- tion. It 18 meant, he that it should principaliy operate at the South, Those are the words of the gentleman. Why, sir, do they say that the will of the . is being expressed by the majority bere, in adoption of this amendment, when upon every occasion that the question has been submitted to the people—the very peopl whom they pretend to represent—these people have said that it was not their will that this shonid be done, not be- cause of the negroes in New York, but because of the negroes in the South, who control in the apd aud Ww! ve their party power, when ii has but littie power hero in the North. The application to New York is very limited! is this way in which to meet a proposition for changing the con- stitution of a country of forty millions of people— to say that because its application to our State is limited, all the rights of tuat State should be over- thrown in order that the applicatfon may be made to another State where it is not go limited? There was a time, sir, and the tieman can renwmber it, when honored men, and I think one whose name he bears, would never have uttered in a legislative body such words of folly—such words of criminal wrong. ‘The gentleman tells us that the democrats seem toior- get that we have just emerged from war. We have no Teason to forget it, air. We have felt it as much as in this House have suffered. Our hearthston been desolated as much as theirs, and whom they revile to-day Bave suffered in the battle- flelds of the South peshaps much more than the poll- tical friends of the gentieman from Orange. No, sir, we do not forget that there has been a war; but we remember that we went into the war to uphoid the Union and to defend the constitution, and we appre- ciate too well that we have emerged from that war without a Union and with a violated constitution. ‘Then my friend from Orange goes on to say that the negroes of the South, whom he terms the laboring classes of the South, deserve the right of suffrage, and he asks us eloquently, Would you deny that right to thefabporing classes of the North? Does the gentleman, sir, propose in his argument to place upon an equality the laboring men, the mechanics, the intelligent workingmen generally, whatever their condition, with the ignorant negroes of the South? Does he pretend to place upon an equality one hundred thousand men in the city of New York who have been used to freedom and who know its bless- ings, with one hundred thousand, or whatever the number may be, of negroes just emerged from bond. age inthe South? Sir, | would respect, if 1 could, I would Foapect men of my own race at least as much asl would expecta to respect his, and I do ot believe there is an intelligent negro within the yundaries of this State who wonld come here deliberately and say that one of his own race emerg- ing from servitude and becoming a froe man was as capable of exercising the ie of citizenship as the man always accustomed to tt, and I hardly think my feiend from Orange believes so either. Then the gentiomen spoke of caste. He told us that caste and the prerogatives of caste must give way to the pi of the day. away down in jusetts—and I think mao from Dutchess (Mr. Hegeman) ke of it in his speech—away down in Massachusetts there ry settlement years igo Rs, ming fromm oy clime, They fotinded & (7 thoy f und foe in the Indian. Did they assimilave w: ‘im ? Notat all, They away irom him; they fought him and exterminated him. What is the result? ‘Why, the hard; in south America the white men made settiements, and assimilated with the Indian, and what is the resuit? Let the retten republic of Mexico and the degencrate republics of South America answer. Talk about caste! Why, his own ancestors repelied With those not of their own race. Other white men would not follow their wise example ‘and becem: rate like the negro. 1 tell that He will lways respect himself as @ white man. It is impoasipie that he should do otherwise. Take, sir, a n Tcare not how light in color, or bow intelligent in mind he may be—take a negro and give him the beneits of the best education that can be procured, give him Wealth, make him ag much the gentleman as you oan, and my 1) would not fore moment associate with hi for a moment, sir. ‘Take the com LI jaborer who walks the streets to the right of s ‘ou of the majority go to work, Mr. er, in the first place, and amend constitution of your country by saying that the previous condition—that the tight of no citizen to suffrage shall be abridged, and in the very next sec- tion you say-Congress shall abridge the right of any clasd that it sees fit; because, if Congress makes La law to enforce the firs: section of the article then, of course, the article itself will not be. enforced; and of New York to the elective ‘These men givé to the Le ia unlimited right to vote, and not one in a hu of them can read; a right to send legislators to Congress to make laws under whigh we must live; and these same legisia- tors say, gir, by an act of the other day in house, that of the thirty thousand citizens recently naturalized in the metropolis none, or but few of them, have a right to periorm the duties of citizens. ‘Tuey say that of these citizens naturalized not one in the thousand shall bave the right— debarring them of all of the privileges of citizens— saying that thirty thousand wiate men of our own State shall not exercise their privilege aa voters, while seven hundred and fifty thousand negroes of the Sonch, without qualifications, without any other right than the given to them by Apjudicious amendment, shall exercise rivileges, Why 1s this second section putin? Tt known, sir, that the of California wis democratic and would not ratify the amendment, and so it was decreed that ff Cs gaw iit to make aperoprieie laws therefor California should be overwhlemed by the millions of coolies that threaten to swarm over her shores. Look at it! Look at it, and think of the age in which we live! Look at it and think of the country of which we forma part! Look at it, and reflect upon the times when great men made our laws and when great mem gave lustre to the ye! of an asiericn: aaa ik ee baderat in gress the minds of the past, without regard to party, rallied in defence of the constitution which every party loved. Look at it, and think of the position we occupy to-day! “Congress shall have eye, to enforce,” not “Congress shall enforce.’ ut “Congress shall have power.” If it does not exercise the power, all rigut, It bas say these negroes of the South shail vote. It may say that the white men of the North, not of their own party, shall not vote, Or merely say nothing Pe a the subject, and leave it all to Legislatures like Now, I Dropose in my substitute to treat this sub- Ject fairly. Pee! that the will of the people of ‘this State shi be taken upon this amendment, When we were chosen the subject was not before the electors. We came here without any instructions, and I know there are republicans upon the floor of this House who, if they had the ae they have not under the dictation of a party caucus— who, if they had the nght to stand up here to-night, would say that a vast majority of their constituents would go against it. Why not take the will of the praaet Why not hea: the voice of tiac people expressed at the ballot box? Are you afraid f Do you not know they would vote it downy You do, every one of you. Do you not know they would reject it by at least one hundred thousand majority? You cannot deny it. ‘hey have never voted upon it without rejecting it, and by atleast one hundred and forty thousand. But you have got the power here to-night, and you are going to pasa thts amend- ment, You are going to teil the people you are su- preme. Do with us as you please, The same ques- lon came betore the democratic Legislature of Olio. What did that Legislature do? Did tuey reject tue proposed amendment? Notatail, They submitted 1b to the people, when they could have re- jegted it. That was fair, Is not it just as fair and right and honorable that a re- publican Legislature here in this Empire State should have the same generosity aud magnanimity as a democratic Legislature in the Westy ut the decree has gone forth, “This amendment must be Tatifled.” It 1s necessary to the ilfe of the republican arty that three-quarters of a million of iguorant lacks shall exercise the grave right of the franchise, It has gone forth that this party, regardless of its past prosessions, snall Pee upon a violated con- stitution and upon the will of the people, With swarms of federal ofMice-holders they will uphoid their party and carry on tae contest to the bitter end. But, we can appeal against it. fe can raise our voice in solemu protest against it. We can from day to day and from year to year, however often defeat- ed, we can still say that we have been faithful t» the constitution, and that is @ great satisfaction. That, sir, is some satisfaction even for being ia the minority, Now,sir, in the Legislature of Indiana, which is repub- lican, the democrats proposed something similar to to the substitute which | offer to-day, That was voted down as mine will be, and the democrats resigned in body rather than have the popular will disobeyed, Now, sir, some people have called that revolutionary, Ibelleve’ it was right. { believe that if we of the minority had the power here to-nignt to prevent the adoption of the aimendmeut by any such extreme action it would be our duty to take it, and I tor one would not hesitate, 1 would not hesitate for the simple reason that when I think you are violating the will of the people instead of obeying it, it 19 my duty if I can to prevent by all legal and proper means that violation, Sir, 1 think Laat in years to come the action of the democrats of the present Legislature of Indiana will be regarded as one of the moviest acts in the political history of that rising State. In order-that the voice of the people might be heard they gave up vheir power, and the great question went back to the people for their decision. Indiana may reject tnese galiant representatives of hers. If so, they aro content. But do you beieve they will be rejected? No, sir, . The popular voice—the great heart of the people—will give them strength in their determina- tion to stand by one of the juudamentai principles of free government. Mr. Speaker, let us remember that we are all citi- zens of acommon country, Let us remember that in a nation like ours it is the duty of ail citizens to act with justice towards each other; that, in order to uphold our rights, in order to maintain our privi- it in order to give strength to our form of gov- ernment, we should do nothing wrong; that in order to make our name respected among the nations of the earth we should rise above passion and preju- dice, We should forget party; we should forget the bickerings which party jea'ousies excite; t! above party, we should think of our country. And the man who, rising above passion and above preju- dice, can think only of his country and of the love that he ought to bear it, that man is entitled to the name of “Patriot.” when @ man living tn a country like our own can forget that country in order to serve a party, that man wiil be known merely as a *¢ ? Through years and years of war and of trial and trouble this democratic party has stood in a minority, Whatever it fail and whatever its errors (and no party is free of failings and errors), it has at least professed a sincere devotion to the constitution of iia country. It has given men almost without number and mone; almost beyond calculation to uphold the honor ani the dignity of that country; and, sir, woen the re- public has advanced so fur that it can forget the past—when it has advanced so far that it cau forget ali these little Jealousics—then, sir, the name of the democratic party will shine with more lustre than It did when led by Jefferson and Jackson. the party in the minority still stands true to principle It cannot be eradicated. And the time wili come, sir, when these genticmen of tae opposition, these gen- tlemen of the majority of to-day, will admit our ser- vices to the nation as once they were compelled to admitthem. They wili adinit the services of the great Jeaders of the democratic to the cause of tne federal Union, They wiil aduit the services of those gullant generals whp, though exiled to-day, yet will be ever remembered by a grateful people; and, sir, generations after us, loving the Union, as | trust taey will, and finding it solid as- we would have it, generations after we are gone will biess the day When the democratic party of this country, a weak minority, once had the Soo and strength and patriotiain ty stand firmly tu defence of a constitu. tion which they defend in the legisiative hails to-day as they have defended i amid the carnage of battie. weil SNow IN CaNADA.—Northern Vermont papers say that the obstructions from snow across ihe Canada line are unprecedentedly great, and trains have nearly all been ato; during the i fortnight. Travel is everywhere not only bad but dangerous, and the botels on the border are full of unwilling yo cannot proceed Res tery | either »; steam or horse er, AS stance of tle dept of the snow, and the ‘tnbnitles bag ov} proceeding from it, a St. Albans paper says that a iew days ago, while slelghing tn the vicinity of Three Rivers, Canada, ata point where the telegraph wires cross the high- way, @ travelier’s horse became tangled in the wires to hey meat get over them, vey juju res from wiuch it died the next day. ci informed him that the wires were twenty feet from | the ground before the snow fell. SENTENCES oF DeaTn IN Vinainta.—Yesterday morning the County Court of Henrito disposed of the last of the negroes indicted for participation in the outrageous assault upon Mr. and Mra. Schur- man. ‘The jury, after careful deliberation upon the of Charies lor, it in a verdict of “guilty! and the accu: was thereupon sentenced to be hung on the 7th of May next. Pleasant Richard: @nother negro, ted of assault with Intent to Kill, as our readers will. fe meinber, will be executed on the same day, rack ‘Taylor waa also found ity, but in view of the fact that he is quite an old man, his ponishment was fixed at twenty years’ conf % In the Peniten- ¢ circumstances attend! the crime were it being shown that the victims were at it cannot be said that the punish- case i severe.—Hichmond Die SUPRRIOR Coprae Minrs.—The follow: of tne the yI 1846 to 1809 and the market value EW YORK HERALD, MONDAY, MARCH 22, 1869,-TRIPLE SHEET. NEW YORK CITY. y THE COURTS, SIRTH DISTRICT CIVIL COURT. d Before Judge Lane. THE FIREMEN’S ASSOCIATION. Maxrcn 20,—Russell vs. Wilson et al., Members of the New York Firemen’s Association.—There are two suits brought by the plaintiff in this case against the defendants—one for rent and the other for liquors and cigars furnished the members of the New York Firemen’s Association during the year 1867, while they were in occupancy of the premises No. 41 Sixth avenue, a8 association rooms. Defen- dants’ counsel took the point of a nonjoinder and musjoinder of the parties for whom they appeared. Plaintiff's counsel moved to amend his complaint by striking out and adding ‘‘parties defendants.” This motion was argued at some length, the defen- dants’ counsel contending that the District Courts have no power vested in them either to strike out oradd amendments to a summons or complaint. Decision reserved. For.plaintiff, ex-Judgo Phillips; for defendants, William Kane and Charies Ruston. 4 PATENT CASE, Wiliam A. Brockway vs. Munn @ Co.—This was & proceeding brought by the plaintiff agamst Messra, Munn & Co., proprietors of the Scientifto American, to recover niuety-flye dollara, which was claimed to be due under acontract between the parties, The complaint showed that in June, 1868, the defend- ants were dding a copartnershtp business a8 patent agents and solicitors, and on the 9th of that month one Henry Cowing entered into an agreement with them, through their agent, James H. Gridley, at Washington, D. C., whereby the defendants under- took to mnake ana yaspare drawings, specifications, é&c., Of an agricultural machine, and present them to the government and procure for sald Cowing from the Patent Office of the United States a patent for the same, On the 26th of Juue, 1863, Cowing paid tothe defendants, on account of their services Lo be rendered “in ears, of their agree- ment, eighty-one dollars, which was to be expended for government fees or new application agency fees and duplicate drawings, The plaintiff claims that the defendants so unskilfully performed their duties that the Patent Office at Washington refused to it letvera patent for the machine and returned the Faden and specifications to the defendants for mn and compietion, a8 they were not in ac- cordance with the jaws and regulations of the Patent Oiice. It is further al that the defend- ants refused to make the required alterations and corrections, and Cowing was obliged 10 employ other agents to revise the work performed by the defendants at an expense of ninety-tive doilara. Mr. [estat SH duly assigned his cause of action to the plaintiif in this case for a valuable consideration, and, it was to recover this ninety-five dollars that proceedings were now brought. The de- fence, conducted by Mr. Bookstaver, of the firm of Browh, Hall &_ Vandel I, showed the following state of fucts:—That Mr. Co ing persistently anuoyed the defendants’ agents by requesting changes and erereccns in the drawings every day, 60 much so tht 1¢ was impossible to get them completed; that they would not allow their draughtsman to make extra changes uniess Mr. Cow- ing paid extra charges; that Cowing suid he would py the extra charges, but he then failed In farnish- ug proper modeis to the draughtsman to work by; that one sheet was enough to illustrate any model, ‘and that their draughtsman had to make six sheets of drawings for Mr. Cowing’s agricultural machine; that the defendants’ agents did not agree to procure for nim any patent for his invention; that the draw- ings were made m accordance with the rules and regulations of the Patent Ofice, and the patent Was subsequently issued on them; that Mr. Cowi appeared to have gone absoluiely crazy about his invention, and made the defendants’ agents at Washington draw up_ the -particuiars about it ina ridiculous and absurd manner, which mule them write on the back of it that they were not responsibledor Mr. Cowing’s extravagant ideag and notions; and that the defendants only owed him 81x dollars, Which had been twice tendered to Aun, Judgment for pluintii, $6 and costs, A MUSICAL CASE, Carl Anschutz va, Joseph @. Browning et al.—The plaintiff in this case is the well known musical maestro, and he brought his action under the foilow- ing circumstances: During the week commencang January 3, and ending January 9—1809, Mr. Aa- schutz, at the request of the defendants, per- formed certain services for them a3 4usical conductor at Oosmopolitan Hail, in Third avenue, for which they agreed to pay him $75; but they nad viaated thet: contract and refused to pay him, The defence showed that the plaintid agreed with the defendants to conduct the orchestra at Cosmopolitan Hail every nigat in the week and twice on Sunday for four weeks from the 2d of January, at the rate of $75 per week; but the plain- tuf only periormed the services required of him for three days, and then refused to carry out his con+ tract because there was not & suiticient number of musicians to constitute an orchestra. Defendants’ counsel took the point that there was no fixed or techuical meaning to the term orchestra, as to nam- bers. Mr. Anschuta swore that there was, and that it was understood by experts that an orchestra should not consist of less than twenty musicians, He also swore thac after he had couducted the orchestra for three evenings the defendanta dis- charged them, thereby vitiating their contiact, De- cision reserved. COUNT CALENDARS—THIS DAY. UNITED STATES DisTRicr CoURT—IN ADMIRALTY.— Nog, 181, Michael Morrows et al vs, Schoouer Thomas Jefierson; 17, Adviph Ruel vs. Steamship Ville de Paris; 170, Jonn Bayard vs. Steamtug Dan Brown; 185, C, A. Tornvick va. Metropolitan Gas Light Com- pany; 1:6, B. Seaman ve, Steamsiip Thomas; 90, Camden and Amboy Railroad Com) va. Steamboat America; 174, M, Berwin vs, Steamship Matanzas. Court OF GENERAL SESStoNS.—Before Gunning S. Bedford, Jr., City Judge.—The People va. George Smith, grand larceny (continued); Henry 8, Allen, forgery; Mary Gibson, obtaining goods by talse pre: tences; Martin Maloney, felonious assault and bat- tery; William {1. Chambers, obtaining goods by faise retences; Fraucis Bradiey, attempted burglary; ohn Stern, grand larceny; Morris Leonard and Jobn ‘Trimbie, burglary. CITY INTELLIGENCE, Tom Wratner YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the thermo- meter at Hudput’s pharmacy, HeRaLp Building, Broadway, corner of ye — nn street:. 36 oz M Average temperature. Average temperature Saturday. Average temperature for the week.. ¢ FeLi OversoanD.—Late on Saturday afternoon, William McCann, an Irish laborer, sixty years of age, who lived on the top floor of premises, 289 Front strect, fell into the dock at the foot of pier 19, East river, but being rescued, was taken home. Medical aid was procured, but the shock to his nervous sys- tem was so great that death ensued in a few hours afterwards. Coroner Keenan was called to hold an inquest on the body. Deata rroM BurNs.—Coroner Schirmer was notl- fled to hold an inquest, at No. 81 Roosevelt street, on the body of Ellen Moriarty, an Irish girl, fifteen years of age, who died from the effects of burns, caused by her clothing accidentally taking fire from @ hot stove, near Which she was sweeping, a few days ago. After the occurrence Ellen was conveyed to Bellevue Hospital, and after death Coroner Keenan gave per- nussion for the removal of the remains to the pa- rents’ residence. * Tue Park MeTROROLOGICAL Reront.—The report of the Central Park meteorologiéal department for the week ending Saturday last shows the mean height of the barometer for the week to have been 90.047 inches, the maximum at seven o’cl of the 16th instant being 30.948 inches td ind mum at seven A. M. of Marct¥ 20, 20.500 inches, giving arange of .348inches. The mean temperature was 82.60 degrees, The maximum at two P. M. of the 14th was 48 degrees, the minimum at five A, M. of the 16th, 19 degrees, showing @ variation of 29 de- s during the week, A slight anow fall took place on the 14th, and rain and snow on the isth. Snow and rain also fell on the lth. Total depth of water aad inelied snow for the week, .45 of an incu, POLICE INTELLIGENCE, STOLE AN OvERCOAT.—Edward Lockwood was ar- raigned at the Jefferson Market Police Court yester- day py John Butler, of No. 142 West Twenty-ninih street, who charged him with stealing from him an overcoat valued at fifteen dollars on the night of the 19h inet. Meld for trial, in default of $300 bail, Artrst ON A BuNCH WARRANT.—Yosterday morn- ing a man named Thomas Farmer was brought be- fore Justice Dowling by officer Horsman, of the ‘Twenty-first precinct, by virtue of @ bench warrant iasned by the Court of General Sessions, the havi indicted for larceny. tae was sent down to avait his Very Drung AND Muca Monmy.—Among te Tasrr or 4 TRUNK FROM CANAL STaRET.—On Saturday last Mr. William F. Horarin hed bis trunk, stored with valuables, and other conveyed to the pier foot of Canal atreet, preparatory to taking the steamer for California, which was to sail soon afterwards. the abeence of Mr. ing the tay, way. was. s0D- sequently made for the i ‘which was raced to the on of W ‘olf, & German iy eet dace hoo aad sa hs wi Tombs, The case will be further investigated to-day. A Mysteriovs Casr.—Milton Roof, of No. 213 West Forty-second street, appeared before Justice Dodge at the Jefferson Market Police court yeater- day morning, and accused Mary Dunn of stealing wavehesy a'neckisce af gold and a quai Of tine a @ quan! e kets, im all valued at Seventy-five: dollars The grounds of his accusation are that Mary was at that hie in his employ, with one bi Davis, also since left him, from wi he recent! ascertained that Mary had a watch similar to one lost at the time, That from this information he caused her arrest by detective Philip Reilly, of the Twentieth precinct, who ob- tained the watch from a pawnbroker’s, which he recognizes as belonging to him, Mary denies the accusation and in her informal examination, states that the watch 1s hers, and tliat it. once belonged to her deceased mother; that Margaret Davis was evi- dently instigated to assume her position as an in- formant for some cause as yet unknown to her. Held to answer in default of $1,600 bail. DARING BLACK BURGLARS. Their Operations in the Fifteenth Ward— What They Did and What They Threatened to Do—A Courageous Girl, It wou') be dimcult, amid the many incidents connected with the late epidemic of crime that swept over this city, staruing its law-abiding com- munity into the belief thatthe bold villains of cer- tain organizea murderous gangs would eventually hold the reins of government and run it to to sub- serve their own interests, to note a more desperate piece of work than that which occurred yesterday morning in the Fifteenth ward, It was the perpetra- tion of two desperate burglaries by a brace of black rascals, the stealing of all they could lay their hands on, during Which they entered the room of a female, and when discovered by her threatened to choke her to death. But they have come to grief, and the story of their discovery, the girl’s courage and their fortunate arrest, was told at the Jefferson Market Police Court later in the day before Justice Dodge. Eilen Flinn, & pleasing, healthy looking Irish girl of some twenty-three years, acting asa servant in the family residing at No. 19 East Fourth street, was the complainant in the case, and her story—given in the simplest manner possible—told the nature of the Villain’s purpose and assured every lisvener that ie possesses much of trne eourage. She stated thal she occuples the back room on the basement foor as a@ sleeping apartment, and that she retired about half-past nine o’clock on Saturday night, sleeping soundly until about three o’clock fhe ad inorn- ing. Partially awakening at that hour, she turned the bed and, while “half bye threw her hand Over its side, when it strack sémething cold and clammy that clutched it tightly. lostantly she was wide awake and suddenly peered toward the object that bad sent her biood chilled through her veins, Aided by the gas, which had been feebly burning all night, she discovered, covily “lying of” on a@ lounge within two feet of her, a hideous looking black fellow, and over in the corner of the room a companion of like revolting aspect. Fancy the situation. Turee o'clock im the morning, the house as still es death and a female in the nands of two murderous looking men. It was enough to give most men the nighimare, avoiding any reference as to how it would affect women in general. Ellen jumped from her couch and collared the first rascai with a vice-like grip, and began to ehake him soundly, when his brother thief came to his rescue, and, laying their brawny hands upon her, and holding her with all the strength they pos |, the blacker of the biack duo warned her—“if you scream again we'll choke you to death,” at tne time pull ing from his pocket -@ handkerchief, in- tending to carry mis threat inte execution. But after a sharp struggle she broke away from them, and, sending another scream ing through the house, the inmates a roshing down stairs, when ‘one of the rascals ed up to her and struck her a terrivie biow on the nose. Both of them then fed across the room, into the yard, where in a moment they were lost. The alarm soon reachec the street, whén Sergeant Haggerty and patrolman Meschutt, of the Fifteenth precinct, and after ex- planations were made they examined the premises and found that the two men reached the house over yards communicating with those in Lafayette ace, and forcing the window nad obtained an en- nce into Elien’s apartment. They found, further, that they had ransacked the room and taken away a ocketbook containmg eleven dollars, part of her it month’s wages. Search for the rascals was made, which soon cul- minated in their arrest, together with the discovery that they had in their flying trip across the yards in- tervening between Fourth strect and Lafayetie place robbed a clothes line, and then the vuices of the searching officers they burst the basement door of No. 12 Lgfayette place, where, taking up po- gitions at either end of the lower hallway, they crouched into the smallest possible space, hoping soon to be able to emerge and escape. But officer Meschutt was too wide awake for them, bap eentn coy ge in question, he tracked them to their hiding piace and hunted them oat, queuy assuring them that if they made the least resistance he “would take their roois off,” and he would. Apprising Sergeant Haggerty a moment after of his good iuck in finding the rascals, they were marcned to the station, where Ellen soon after ap- peared and fully recognized them as those she had geen in her room. They gave their names as Edwin Tnoomas and Isalah Garrett. The former is eighteen ast age, born in Baltimore, is a laborer, and the tter sixteen years old, born in Newbern, N. C., and has been empioyed asa waiter. While on their way to the station house both admitied to officer Meschutt that they were guilty, and in their informal ex: amination in court re} the confession. ‘The aMdavits taken against the prisoners combine the two charges of burgiary and larceny, to answer which they were committed to answer without bail. Elien went from the court, looked upon as quite a heroine and one who can easily take her own under all circumstances, The clothes stolen froin the line were afterwards found ‘ked away ina blanket in one of the yaras, but money they ob- tamed was not recovered, EMIGRATION FROM NOVA SCOTIA—ANNEXATION THE ONLY REMEDY.—A Nova Scotia paper, chronicling the departure from New Glasgow of about twenty stalwart young men for California, adde:—“They to aweil the ranks of Nova Scotians already in the Great Republic, to add their quota to the wealth and to assist in developing the resources of the United States, to become (as their action already shows) advocates for annexation. Since confedera- tion Was Consuinmated we venture to say that more of our young population have gone to the United States than in previous ten years of our history. ‘The sem!-monarchical institations under which we are retrograding afford no encouragement to our young men to remain at home, consequently they go ‘where enterprise is encouraged, labor remunerated and merit rewarded. ‘The only remedy ls annexation to the United States.” Scarcity or CuRRENCY.—Congress shonid recol- lect that the suffering of the people through all con- ditions of business, om account of the scarcity of currency, May be relieved by legislation which will compel the banks to quit speculating in bonds. As long a$ these institutions can make double and trebie profits by buying and banking on national securities the poopie will be plundered and taxed. In ordinary—or, rather, old—times the pro- vince of a bank was to help the man of small means by moderate joans; but now all Kinds of trade is guttering because the banks refuse to lend their cur- rency except to favorites, reserving their capital for objecta of speculation. ‘Till this evil is cured there can bé no ery from the gloom resting upon all the interests of industry and commerce.— Washing- ton Chronicle, March W. = FEMININE PRogRess.—Miss Maria L. Sanford, a young lady who has been teaching a public schol im Chester Mey? for some time past, is strongly urged for the office of County Superintendent, to gcceed Mr. Woodrut, Miss ts a graduate of the Connecticut Normal School, and is spoken of a8 an instructor of rare executive abilities. There is no legal obstacle to the election of a woman to this omce, and if Mise Sanford is the best qualified can- didate we hope she will be chosen. — We think there should be no distinction tp my ¥ on ee of sex. Ifa lady is better qu: ra ion as teacher or superintendent ue schools than @,gentie- mal plicant, she should be selected, and receive the seeacneng to the office.—Pottsvtile Za.) Miner's Journal, March 23. . MARRIAGES AND DEATHS. j Died. .~On Snnday eventng, Maren 21, at her retinenss, qaveuue D, Jana, wile of John Adains, in the 4ist year of her age. if funeral.on Tuesday. weuse. 00 og ‘21, Grace E., the ont; ohikd of Joun ae beth Alten, aged 2 years, month and 9 days. friends of the family are invited to attend the tanersh at the relisenes of her parents, 180 Concord sree Brooklyn, on Ti at two oALsEMAN.—On Sunday, March 31, of inflammation Louisa ABRLMAN, di iter of the late eiieranene are end. the. funeral, rom the teal funeral, fro 129 Wyekoft tree onl atin ine ek more on larch 20, J 8, ELLIS, only daughter of Tosnse aud c. pee ert a are fully lavited to attend the funeral, at. the ‘reattencs of her fathe avenues, o'clock. Fosrgr.—At Holmes’ Hole, Mass., on Saturday, March 20, M. A. FosTer, 38 years, rellet of Cap- tain A. P. Foster, both of kiyn. ‘The fuperal will take place from the church of the New Church Society, corner of Clark street and Monroe place, on Tuesday afternoon, at two o'clock. ‘The friends of her deceased husband and of her pon Dr. A. Little, are respectfully invited to at Gorpoy.—In Brooklyn, on Sunday, March 21 WILLIAM G, GorDoN, senior partuer of the firm o: Gordon, Bowdoin & Warren, of this city, in the Tid tear OFS Se ‘The remains will be taken to. New Bedford for in- terment, GRIFFIN.—On Sunday morning, March 21, A. D. 9th street, between Second and Third on Wednesday afternoon, at one IFFIN, in the 25th year of his age. ome funeral services will take place at his late resi- dence, 268 Grand street, New York, this (Mi at half-past four o'clock. The ves a(ternoon, friends of the family are respectfully invited to HaMILtox.—On Saturday, March 20, James HAMIE- ‘TON, aged 86 years. ‘The relatives and friends of the fami! in to attend the funeral, from his late lence, No. Seventh street, - Tuesday afternoon, at four o’cl i ¥ junday March 21, HARRY. youngest son of William and Sulla Hause, aged io’ moses and 22 days. The friends and relatives are respectfully invited and to attend the funeral at the residence of his grand+ pene, nee Morton street, on fo 0 PE neg Sunday, March 21, ELENL Hast, wife of ichae! aged 39 years, ‘The remains wilk be taken to Fiatunsh for tate ment, on Tuesday afternoon, at two o’cloc! her late No. 30 Prince street, Bi The irlonde of the’ are respectfully invited to family ber the oe Kedeansioa further ee k ‘ zAD.—On Sunday moraing, March MELIA Dome. wife of George W.'Head, of Greenpoint, ‘Notice of funeral hereafter. HowLanp.—On Sunday, March 21, Inions Hows LAND. ‘The relatives and friends of the family are invit toattend the funeral, at Rev. 0, B. Frotnlagpess church, West Fortieth street, between Fifth ahd Sixth avenues, on Tuesday afternoon, at one o'clock. bi ee Friday, March 19, Francis 8., gon of ickok, aged 36 years. ‘The relatives and friends are invited to attend the funeral, this | onal ) morning, at eleven o'clock, from Grace church, Harlem, 116th street, near ond avenue, HUONOHAN.—On Saturday, March 20, HENRY HWONOHAN, native of Derry, Donoughmore, county Cork, Ireland. ‘The funeral will leave his late residence, 357 Pearl street, this (Monday) afternoon, at two o'clock. The friends of the family are invited to attend. JoNEs.—On Sunday, March 21, at a quarter past four o'clock P. M., after a brief illn¢ Harris Emma, daughter of Wm. H. and Hattle Jones, aged 3 years, 1 month and 7 days. Relatives and friends are invited to attend the funeral, from the residence of her parents, No. 179 South Fifth street, Williamsburg, on Tuesday after- Doon, at two o'clock. ‘JupSON.—On Saturday, March 20, ExizapeTu, wife of Amos Judson, in the 78th year of her age. The relatives and friends of the family are respect- fuily invited to attend the funeral, from her late residence, 219 Powers street, Wil urg, this (Monday) afternoon, at two o'clock. KEARNEY.—Suddenly, on Sunday, March 21, GEorGE RicarDo, only sonof John G. and Mary A ita Kearney, aged 1 year, 7 months and 7 days. ‘The funeral will take piace from the residence of his parents, 1,057 Second avenue, on Tuesday morning, at’ ten o'clock; thence to the Episcopal church at Hackensack, N, J., for final interment. Krenxax.—On Sunday March 21, Mary ANN, daughter of Edwara an Sarah Kiernan. The friends of the family are respectfully requested to attend the funeral, from the residence of her father, 248 Elizabeth street, this (Monday) afternoon, at two o'clock. ‘LYMAN.—On Sunday, March 21, Mrs. B. F. LyMan, of Westport, Conn., i 54 years. MeGary.—On Sunday, March 21, THomas 8., son of Mary A. and the late James Megary. The frieuds of the family are respectfully invited to attend the funeral, from his late residence, 293 West Eleventh street, on Tuesday morning, at balf past ten o’clock. MoraNn.—Suddenly, on Saturday March 20, of dis- ease of the heart, Mary Mor4N,!wife of John Moran, the county Westmeath, Ireland, in the 49th year her 5 The relatives and friends of the family are invited to attend the runeral from her late residence, No. 82 Cannon street thia (Monday) afternoon at two o’olock, without further notice. McDonovcu.—On Saturday, March 20, FRANCIS erg aged 32 years, a native of county Cavan, ireland, Friends and acquaintances, also members of Bat- tery F, S. M., are invited to attend the funeral, from is late residence, No. 269 Division street. A mass will be offered for the repose of his soul at St. Mary’s chureh, at half-past nine o’clock this (Mon- ai orning. odow axon Sa 19, OWEN McGowan, aged 80 years and 6 months. ‘OATMAN.—On, Sunday ev March 21, HARRIET Jang, youngest ‘hter of Dr. J. 8. Oatman. ‘The relatives and friends of the family are respect- fully invited to attend ber funeral, on Wednesday afternoon at four o’ciook, from the of her father, 135 Lg oe QuICcK.—At Yon! on Sunday, March 21, Fan- Ry of 8. Francis and Susan ‘The funeral will take place at the residence of her Reip.—On ‘Thursday evening, March 18, after short tilness, mores Jang, the beloved wife of bers of the Second regiment the members of Manhattan Chapter, 284, R. A, the members of Attis Loage, 316 F. and A."M., are ined Teudenee, 296 Bast Pifueth street, this (Monday) te nce, t half past ten o'clock. In this city, on Saturday, March 20, Mary Reituy, wife of Charles Reilly, a native jerson, county Cavan, Ireland. in the 73d year of her age. The friends of the family are requested to attend the funeral, from her late residence, No. 111 First gy this (Monday) afternoon, at two o'clock pre- ly. SMirn.—On Saturday, March WILLIAM Browy, infant son of Sidney and Jane Smith, aged 6 months, ‘The relatives friends of tne family are ey ee to attend the funeral, from the lence of Freee 365 West Eleventh street, this (Mon- be rn oon, at one o'clock. iMITH.—On Saturday Ny March 20, EMmuin Bera, wife of Hanbury gi D., born in Stock- Swedish church, Twen! holm, Sweden, October 21, 1 Funeral services in. the second street, near Third avenue, this (Monday) af. ternoon, at half-past one o'clock. Sournwoxrri.—At Winnepauk, Conn., on Sund March 21, MARY ELizaueru, wife of W. P. Souti orth, and daughter of D, W. Ingersoll, of St. Paul, jinn. Her remains will be taken to St, Paul for inter ment, Stockwer.—On Sanday mornti March 21, Ju: uA B., wife of Alden B. Stockwell, and youngest daughter of the late Elias Howe, Jr., aged 23 years, 1 month and 23 days, * Faneral from residence, No. 16 Bast [Seti street, Wednesday afternoon, at two 0% Reia- tives and friends are invited to attend, StrICKLAND.—At Yonkers, on Saturday, March QS Ld F, STRICKLAND, aged 8 1 month ‘The relatives and friends of the family are folly invited to atteud the funeral, on jay alter. ry at three o'clock. Cars leave Thir- tletn street at two P. Me carriages wit be tn wating at Yonkers depot on the of the train. SUTHERLAND.—On Saturday morning, March 20, JOHN MCCLELLAND SOTEBALAND, counsellor-at-law, Sui aged 27 years. son of J itherland, The ives and friends are to attend from the Reformed Dutch church, cor Twenty-first strect, on Tuesday one o'clock. TALMAGE.. jy, in Brooklyn, on Sanday, of erysipeias, DaNIRL TALMAGS, in the 6410 neral hereattor. Pesaran ceaaeny, on Thursday, March 16, at Mofrisania, Buta SHUNT, wife of G. L. Tuillant, je HOLL year of her age. ‘The retatives and friends of the family ate invit ‘to attend the funeral, this (Monday) ye it one o'clock, from the her #on-in- how, G. G, Yvelin, No, 6 West Twentieth street. wie eee Lanta i bern on Sata: even. March ALLIR youngest BO. and Mary M. Taylor, aged 1 year, 6 ‘gue of ‘26 days. latives and friends of the are invited to attend the fu pay vareker eed. treet, Passalo, Ne Jo. 0B Tuesday after-