The New York Herald Newspaper, November 2, 1869, Page 5

PACIFIC RAILROADS. were z Report of the Commissioners of the Union and Central Pacifle Ruilroa’s—Eeti- mate of the Cost of Completion. WASHINGTON, Noy, 1, 1669, ‘The following report has just been made publi Bon. J. D. Cox, Secretary of the Interior:— Sim—The undersigned members of a eommiasion fer examination of the Union and Oeutral Pacific railroads, appointed under a joint resolution for Protection of the tnterests of the Union Pacific Rail- poad Company, the Ventral Pacito Railroad Com- pany, and for other purposes, approved April 10, 166), have the honor to submit the following re- port:— Under instructions from the Interior Department, @ated August 14, 1869, four members of the cominis- sion were in Omula oa August 25, but the instruc- Mons of toe ith commissioner having failed to Beach him he was not present, and 1t was informally decided to proceed to sacramento. The co- Mussion met at Sacramento on Sepiember 8, ali the members bem present, organized by the election oi General Birawm Walbridge president ana General U. B, Couitock secretary, and commenced the inspection of tue Conwal Pacific Raitroad, usa- aly or! tag from hait-past sik A> M, ttl dark, and i Sunal séplemsgy 14 in Yue tnspectiod of the ih Sepieinder i ip Vuion facile Rallroat was be completed September 23, Adjonica to meet at Wash Lover 13, 1860, Bui tie weeiing was subsequently -postponed until October 24 when iuost of the waps aud information asked for trom the two roads Lind been recetver, The Joiat resolution vuder Wiick the copyymlasion Fas appointed royuires i to examing gid report Bpow viccondition of, ond Waar sum or suins, If any, Wail be Fe Quired (6 Gdiaplete such said voads for the gy ‘$ Jeu sth thereof (o sald terminus, a3 a Drst class sumioul, 1 Compiuauce With tue several acts relat Ing to suid roads. ike instractions of the Laterior Department require (hat the report should be minute NG speciic upon the several particulars relating to Lae COnsFUCHON ALU CyLpMet of each of the roads Wich tuose Ineructeus set jorth, and that it suowd gtel2 to wint extons, MW any, the line oF either rowd Gevnites ivom tie most central, Girect: aud practica- bie rouio meutioned in said acis of Coagress, Vie u You wil not, however, be trucos adc wicted Lo Ulese iastivucttons, but will, In the spirit soluion, Licinde in your report any sagges- cts relating to tho roads elicited by your exuunination Which sou shail consider necessary LO be euinntited to Cue President of the United States,’ be Hist question that comes betore whe commis- vant by Congress in ity various acts Ratlroads now ranked aa first clas 1a {his country are iar from bemy perfect at Lu opents. and have been brought to tacir pre Blaudird by large expenditures, whicha eimai! t la ike vezinning cou never have justified, Wacitic ratiroads to be brought as rst io i dard oluer roads have reached, after years of Au erative business, woull be te of oney. itis @yidentt the comunission that this Was nob what Cong! esived or Inieaded ™ requring a flrat class raiiroal. If priate Corpo. Taos had built these roads witholif goverainental subsuiy 16 Would undoubtediy have been for their shto putld them at first at the lowest cost con- tent with keepiog them in operation, and when uli, MR paying business shouid be develoned, b Dave gradually wade the improvements mo a vreasing ivantc should render necessary. Vat Con- gress Lad made a large loan and an exiensive land grant, apart of which will bo yaiugble, and ta re- turn te requirert a better road tat pelvate heres 4 wWouid have built—a road that should be capable of transporting passengers and freigut with rapiity, uicty Gud certaty; & road as goud as a wivjority of iiose in the thickiy settled Stales. In the opmion of we commission ihe requirements of the law wiil be satisded apa tne designs of Congress carried ont if tuads be proporly located, with jacleiow Gud have substantial road bods of good dailugting, Witch, with proper care, Shall Keep the track In good co: on throughout the year; permanent’ structares tor crossing’ streams, 00d crosstics, tron and joint fastenin etenlugs, water tanks, buil adequate roiliag stock, the more ior Baops and engine houses being of mac tue commission is gind \o be aple to say opinion, While soule expenditures ati x Ende, these two c erich i for the comple! tail for egcl road, on the Central Pacide Ruilvont, with nares of Sums sean e opinion Of the Comorssion the general wood, alfhourh they sa veral places Ww: jem if might be impreved in its Celaila, perhaps at a soinewhat lor But tits couid only be determined pos: exten insiramental survey, tor w inission did not have the time at its disposal; &3 Was to be expected, the Jocation is open to ¢ cism, there are no errors the imuediate correcuon wi Which suould be required by the government, it 13 not thought that they exceed reasonabie limiis, considering ihe haste with which tho latier part of he road Was bailt, nor that either bonds oF ia: suould be Wiiuheld Jor the smail distaae they increase the length of the road. ‘The capable of doing aii its bustiess with safely and tainiy. The toad bed is yeneraiy of good width, both in cuts and embankimouls; but a ow pouits were noticed where the cuban ats Were nares end un egiinate has been made of che cusia of widoning them, ion wii be given TUNNELS. There are filteen tunnels on the road through solid Fock and couglonierate or soit granite. A part bf these are arched wilh heavy woodwork, which wii Jast for many years, Those not through roid rose and not arched bave stood without giviug cou tor iwo or three years @od show no signs of failure, we therefore make no estimate for arcuiug auy of Ween. BRIDGES, THYSTLES AND CULVERTS, The bridges are usually Uowes' truss of, good ma- Periai and workmanship; several of them are, how- ever, lighter, especially in theirsnspens!gu rods than tg advisable, and in some cased 99 light buat the heaviest. load that can be put on then— @ train of locomotives coupled — toxetuer—- ghonld not be run over them at high speed. An estimate has been marte for atrengthening such ‘wus are deemed too weak to carry the maximum ioad ‘with safety, Thoy are the bridges over tho norin fork of the Humpolat, over Donner creex, and the ‘two long spane of that af the Amorican river. The piers of ue American river bridge ure of wood, and aucstimate is made for replacing thera with stone ‘The high trestics west of and tn tho Sierra Novada arc generally of 8 good character; ovt at least two of them should ultimately be filed up ox replaced by permanent structures, a3 a'so the trosties and tem- rary waterways east of the Sierra Nevada, n estimate 18 made for thi, The Immudl- ate replacement of these trestles, lowover, should not be required, aa they will ‘De sute for four or five years, and in the meantime the necessary experience wilt be gained as to posi- Von and dimensions of the waterways required. ‘fhe Masonry, especially on the mountain division, is well oonsiructed and of good materials, SNOW BHEDS. At the snmmit of the Sterra Nevada the snow sometimes falls to a depth of about fifteen feet, mak. mg it a problem of great difiiculty to secure the pua- mug of trains during ihe winter, but one, it 12 be- lieved, which has beea boldly and successfully met, Through the region of heavy snowfall, except on sone high embankments, the track has been cor- ered by strongly-built sheds, boarded in at the sides, thus thoronaly protectiug it from suow. There are in thesé mountains frequent snow sil or snow avalanches, and in wmaeay pi sho road crosses their track, Whenever this occurs In excavation, a henvy roof ts built over ‘the road and extended up the side of tho mountain to which its npper edge 19 fitted, and tue wacle se- cureiy fastened to the rock, Its slope being such that the avalanche will pass readily over it. ‘There roofs du some cases extend up the siope of mountain froa one to two hundred feet, aud are vory strongly built to carry the great weight that may bo suddeniy thrown upon them. In a distance of forty miles there is an regate length of thirty-two miles o« auow sheds and galleries, coating, accordtug to the siatoments furnished by the company, $1,731,000. ‘The iron in the track Varies from 56 to 6d pounds per Haeal yard, aud i# (borouguiygspiked on good sized cross trees, numbering from’z,890 to 2,640 per mile. Abont one hundred and fifty nutes of the road ts laid With chairs and the romatnder with frest joinia, Tae Who.e is in good Surface and Line, apd as Well a lapied gt 1 PAWS Of Speed as AVerage Urst Class Vullrowds ie United States, SIDINGS. ‘the sidings, which are about fvo per cent of th fengih vi tie rood, ara aipple for the accomiuod Sou OF 1s business, and judiciously loc BALLAST. A large portion Of the road 1s woll ballasted with good matena!. In maktng estimates to supply the Gelicivocies in this respect, regard has beea haa to the charactor of the material oF whick the road bed $8 cousiructed, aud the sual rain (alls of tho Sierra Weyada N HOUSES. The station houses west of the Storra Nevada aro M0) deemed suficient, and an esiimate is made for @dditionai ones, Further east, while they aro but common bulges, they aro yet suMicient for the resent business of the road. When replaced they should be of better character, ‘3 WATER STATIONS, These are sufoient in number and located at con- Yenient pois, exceplng im the aikell country. Some are ioo Lar apary ior economy tn operating the in one cage thirty-four milee—bul It i 90 ob+ Mousiy for tae great advantage of the co:npany to e water fe econventent distances that we do not Stugante camry to eatimete for the cost of ai ad- iy MACHINE stor a The machine a) "ate considered suitctent ex. sevi at the proposed junetion of the roads, ‘iuerd for ardent SupiMiy of machinery and toots on hand Houktow eis oem excopt vt id junction, East of SIIGIA have Swale Oe gUkes &r8 OF Wood, ind Liose Hoel o ok OF Alone, Home audi wal ones are needed. Estimates wre mince tor all Blase Du atone, eogsn engine houses ave fret been but of rick oF atone orimlaaltye? hots aad EQUIP ne, The compar, docomobiy 4 OUBIIRH, 15 Heeving Coys Ud 02 MISt class have om (ie-the of their roa’ 109 | ah aeeeeendaeines NEW YQRK HERALD, TUESDAY, NOVEMBER 2, 1869.-TRIPLE SHEET. neces a xpress cares on Bing Bg Parts ; 1,208 platform cara; and in course of con- rnefion, accord: to sintcments furnished by the kipany, 18 siceplog cara, 1 first elass and 25 Cond Clasa passenger cars, which the Couunission believe to de considerably ta excess of the number required for tho present and lomediat future busl- ness of Lhe rowd, ‘The telegraph line is well constructed, and is sup- Dited with a suMetent number ot stations. BSVIMATS FOR SUPPLYING DEPICIESOIS ON THR CENTRAL PACIFIC RAILROAD, For ballesting the track between Sacramento and Alta, 0,000 For ballasting the Gack Lelween Ver i aad Haraboth, (000 For vallasting tho track between Mumboldt and Ont 9 Por balinatiing the track Getwown Carla’ and Promon- + BUD 8,000 ory. sess +s For widening emban tnenws between Verdi and Hum- id bold. For widening embankments between Carlin and* 0, ‘oano. A Por wiléing “Ginbankinents bolween” Wound “and Promontory. Additional station how Freight and passenger dapot at the pro of tho two road Engine house at Truckee ‘or gionie ia weddi- tou to ihe amount already expended the naakor Substituving brick was cor fratog in the engine howee at Wasiuwortn, Bubstitutiag brick walis toi at Winneins Sul, tHe 1 the cnyine house G 3 erfel now there For brick or stove engine house ai the proposed Junetion with th nion Pact ‘Aching and repair is aud mackhiner Sirwuctheusng two } rit aon Yow Birong beng bridge 2! boldt river... $, straining ap Auburn Westie aad put in & iil up trestle at station... Pat in arch eilvect Filing trestics aud Shor openings ob res E Villing westics an waice Ways at thirteen larger openiage 01 trestle work. g permaueas water ways. ese wor 19,000 MOM Heist ee 378,600 At SURVLUS MA‘) “ plus On examining the iisé of sw riaiy and supplies, submitted the company, on 13 Of Che ouimion that, after maaing Anco, Us CwApany have more than w 1 of sueh property on band ate Tature wants of the read, o sommd a itst of the maps, pap vments submitted by tila compan Report of the Union Pacific Railroad with aa rolling stock, in 9 The lo e to th er err highly credit. apany. There are IsoMAdly WAVE been ex. tie leneth orthe road end the 2d, and none whieh, 1a oar nof the accepted line engineers of the ec opinion, the government should yequira corrected There are deviations from the accepted 1 ut the Promon: ountains and at Uintah, which and at Omaha tho bridge line ould be built to avotd the present heavy The adoption of this line removes the neces ing the grades on the p An Gatiuiat ould bo correcte o Le wimenta, though there are some places where a greater width ts needed on the embankinents, for which an estliate Is made, TUNNULS, There are four short tunnels, three throngh gold rock, not akelied, wad che grohet with tabers, The Commisston have not deemed if necessary to pro- yide for aewjog with masoury, on BES, Teesriee AX UiPenrs, Severalot the high tresties between Blue Cresk Station aud Promontory ought to be Oiled up at They were evidently mtended a8 temporary .pedients to gain time in opening the road. Below Cho, Ob Ue STist mie, two high trestles and tng two of the character nere Piedmont, on the 9 miles, should be filled withta the é stle at Dale creck a good struc wato tes been made tor filling tuts, it be first class work of the kind. ‘The bridges ore generally well bat and of good teriats. ‘The Dowever, several ot 160 and K, Where u water way of ainple. ‘The tassoury of racter, The company are ng the vourse of the ht or ten of thei unnec crossings with embank s for completing ty the Howe truse bridges, like sev. 1, are light in their coming ¥ sary, oud W Au estimate is mad nm. Some eval 0 Soutral ro suspension rode for the maximum load of @ train of Jocomotty several should be strengthened, for which estimates are made. Im vefereuce to many of i erelosore mentioned aud cuiver'a gated for aciug, We would jos! railroad wore, hi opin af the comin for yaany of them, at ce Will Loint oul positt raver Ways Wita Mush More coriamiy thao be detocmined, SOW FENCE, | Some protectiou against suow bas alroady been vided, and much more will be necessary. Tue seis of Lue road seem to be aware of the impor- of these siractui ud were engaged in pres them. it wil undoubtedly SuOW stads at sox of tae o ia, but experience oniy can locate them. Properny the saving Of expense in operating nad repairs wil be so large that po railroad 41 larly situated cau afford to b& without them. We thiak, thererore to leave all this © part of the othe Wands to De done as 1a ir oxperion ai the right places and the charact area to bo pullt, . THe TRAC Nie track is weneraly Very good, bat a fow miles were OUsELv! re heavy traflig bear Omaha had worn the vaild elierably; to repl them I8 a matioct of ordinary repaim and Doi of consi ECHO; this part of the road having been In operation for faue years, Aout 490 are laid with ratla weighing fi, moal yard and with Wrought iron chairs; the remiaiuder a of tape ee a and itd ‘With fst oe Tbe crosstlea are generally of pine of fair size and good quality, SCE Dg those on about 400 miles launediately West o! ha, Where orivinatiy Alarge proportion were fof cottonwood, Many of these have beon replaced wiih pine oxk and cedar, but a large nucber aro still in the ti A part of the cast of repiacoment belongs to the repairs of the road, but & portion should be horno by the construction account, 99 the crosstiss wore origi- nally mierior, One hundred thousand dollars above the ordinary Tepairs ts estimated for their replace- mont, tie company now Raving ® Jarge Dauber on hand for that varpose The crosstles number fou 2,300 to 2,040 in eack fuile of the track, SIDINGS. ‘The sidings are arenio for the buatness# ef the road, amonntlag to My mine per osat of its longi. WALLAST. A considerable portion of the ryad i well bat. legied with good Material Quite a | h er, SUL! needed, especlaiiy between Promon- ‘y und Ogden and im the Platte Velicy, Fer tue latter tt can ouly be obtained by very long hauis. Suil we regard i a0 Ae be ee as to Jnstify usia estimating the expouse of procuring it, STATION HOURS AND WATRE Tania, ‘The stetion housea aro of good character, properiy located and sufficient in number to accommodate the bneiness of the road, The company has also rected, ut convenient poms on its line, several ood hotels and eatiug houses for the eccommoda- Hoa of passeuirers, There are several long Intervala between wator tanks, butthe commission ts satisied all that is practicable 18 boing doue by the comp fn abundant supply Of good water, COAL. The discovery of good coal im large quantiti easily Accessible St sevora! points on the line of , Wo greats value in reducing the cost of oper- MAORINE SHOP! AND ENGINE HOUENS. At several places there sro permanent macnino well Constructed and fully supplied with machinery and tools, These are properly located. We have catimated for building ono more at the pro- posed junction of the two roada, ‘Tho engine honsea are generally of sto There aro those points at which others will required, for which estimates are mado. EQUIPMENT, There are npon the ile of the rond 149 locomo- tive engines; 26 tirst clas and 16 second class pas songer cars, besides the sleeping cars Ip the road, but not owned by the compan: Sage, mall and express cars; 88 caboose sh be rs, Which can also be used as emigrant cers; 915 box cara, 1,107 platiorm cars, besides 400 leased toand used by other roads, There ave 3 first class passenger | and 4 express and baggage cara in the course of construction in the company’s ahops at Omaha, The freight cars are considerably in excess of the present and umnediacve fatare wants of the road, In view of & very large amount of material the company have on hand at Omaha, and their ample facilities for the constuction of passenger cars, we have made no es.imate for additions to this clasa of equipment, THE TRURGRAPH LINK ‘The telegraph ny ar, Stations are suMclent for present pusposes, though many of the Of the most durabie material. Lure bland BSTIMATES FOR @UPPLYING DEPTOIRNCIES oF THR zB OaDEN, allawiing the track. Widening the embankments, . ae bavi Filling high trentiea between the ‘1,07éth and issn” miles, inelusive «. 88,000 Abotments and In addition (o tho maierinia on hand and work done... 6,000 Abutments on the Oya river bridge, In addition to riale on ban sa cing grades to con form to tl 00 between the H,tsiub nnd 4,081 mien, biel OMATA. Ealiaailog tive tom } diryan to ie g5, 060 7009 000 large amount is, ay to obtaim | ne or brick and of eu Niclent size, | UNION PACIVIO KAILROAD FROM PROMONTORY YO | the work Gone and teaterlalson DANdsc.sssssce 4000 | Filling up atid making permanent water ways al 44” i 20,000 | 1,300 6,400 <x ab erabankmen:s between Ogden and Echo... Echo and Bryan. Bryan and Kewiing, Rawling and Lava Lamina any Ognt Ovaliatla aod Colum Columbua and O) For & freight aud be Uae RE MES posed aha.» Paste jiuetion with the Ceuteal baeiin Rasivoad. 10,00) For engine houses of brigk or syne at said junction... 41,099 ietion. no driver jal already on Fo arte f brick oF so: hy to AVALSLOD. oy replacing euttonwood tes in mut, murray adecuing ivick oF stone, ihaicals at ts : ® bridge at the Larami For repairing Yor revulluiy For abutments nnd p For widening pier Por pier and abut For piers aud abou For mason; ei p ea, backst cig Miku, six m For Ailting trestle For fiiiiug and repia hirty , yden | For eillog and rey |. ten iarge openiay For wii Por siti Sve mianit « and \eliow a ¢ 3 wo troviica on For svatineuta, pITg ain Toany to the Hh attie Fox filling and « few sal! Op ik ra th pera aciig” Wi opentngy abutine | 8,000 | R000 8,200 | forty small op: ryan and Raw Filling anc 16,060 20,000 4,000 Bae. wii pein ‘ r opentuge of treat Kaw Laramie. .....0+e ee 17,000 | Fillts Wea and puttiag ine } ov Laramie. 25,000 nt waterwnya 1 Filling and repise’ ays 125 een Gyramic and small openin; Ovaitalfa.. ii ing with per f Westlowork bet: 50,000 wilh per Sven laror gpenings of tre ‘ali 29,600 TARE Hdidles “between Laramie ; For Tingg elghteen } and Ogalintia.. 60,000 } For tog and replacing manent waterway 7 } 10 penings betweon Opaiinlia and Omaba... 80,000 1.0. am For Sling and replacing with permanent waterways ng the line 41 location at Wine “tive larger open st and Ginnlia... P om Vor relucing the yrade and ‘ehan J Ouaaina, Sieh ie + 60,009 + votai from Protaontory to OmsbacssegscszeessseB1, 080) ' MRE hreee ch ie SURPLUS MATERIAL AND SUPPLIES, After exanining the lists of roliag stock, mate- rial and Supplies ou hand, submitted by the com- pauy, and igaking a liboral allowance for the im- mediate dud future Waats of the road, we find they have @ surplus amounilng to Gbout $1,800,000 th value, Tu appeudix B will be found 4 lst of maps, papers aud statements submitted by this compan In concluding this r the committee desire to doing a large amount ‘ouds and are day by day of work ou-thelr resy bringing them ne: the standard required i; by law. ‘this gr tho value of which to the country is inestin and in which every built im about and 1s now @ ollizen de, has bot by Congr munication yetween mld feel a | equipped and fuily Y ad to passengers aud freight with | safety and deep 1, comparing in tuis favorably with a majority of the Gret class ro; the United St Respectful br O86 nbmitted. yALBRIDCH, t ‘ sslousra, | THE BYRON CONTROVERSY. Leiter from Mire. Norton. To ram Epirox ov tie Dusit Evening Mati: Mr. Join Camden Hotton, pubiisaer, of Piccadilly, having, ty one of the many catch-ponny compilations of Lord Byron’s history, at preseat swarming oa rallway stalls aud in snop Wiadows, ytvea my name as antnor of one of the papers he Las printed, | bey to state that such assertion {3 a falsehood, Tam no! the quibor, 1 @o not know who ts the author. i never till yesterday saw Mr, Hotten's book, vaving been absont from England, nor did he ever vouturd to communicaia with moe beiors priaing what 1 do- re to be a fabrication. { tt would be Dad enongh, even were the assamp- tioa Of authorship cerrect, thal s bookseiier snould have liberty to select articles from newspapers and aflx kuown literary names to them, to aasiat the sale of his work, Bat it ta intolerable that he should presmmc to afix names whore it ie ntteriy autrue that auch @uthorship exisis, espectajiy in such a dimctission as that at present raging about Lord sad Lady Hyvou. ¢ aun, air, & CAROLINE #. 8. NORTON, Now VacteLady Byron to Mrs. Lotgh. Badia Leening Mak of tho 2h of ectover napplies tue following comments and letters:— The vew number of the Quarterly Review contatos aA elaborate articls on the controversy ralaed by Mrs, Stowo's rus Story of Lady Hytow's Life,* ‘The reyiower writes ina siya of which the pegrent gemetation has had litte expertondo—that of the ainsaing pamphleveer—aud in as tury agzaliy not only those wie have taken @ pari ta uid pregent con- troveray, Dub some Wid have not done 40, and who, no thinks, have no right to look idly en, to degins apparently repudiating the plow pnt forward by aé of Byron's defenders that the poet's works are to be judged of apart from ais life; the “fair fame’ of Lord Byron t» dear co the admirers of ais genius, j and “Lo weaken bls moral character ts to lower his literary coputation.”” We are Dot oalled to fol- low the Quarteriy Reviewer rough te completa sumuary aad aualyaia of tho controversy which he holia to ba imperstively required, aad will not at present Weigh Ris concinsions. The writer has some substantial contributions to Make, not, perhaps, @ solution of the Byron mystery, ot to the deface | or Lord Byron sgainss Mra. Stowo's tent charge, and itt 1 of theee thas we wisa to tuko | they consist of letters written by Lady byron to | Mis. Leigh, the poets sister, jong afver tue date at whieh, according to Mra, Stowe's norrative, Lady Byron uad become aware Of tha connection between her @usosnd and that ar Of the jetters, Dow pubilaued for (ne Hest time, we are told that the first, not dated, wos evidently wrlk- ten by Lady Byron in Jancary, 1610, sbortly before abe joft for Kirby Matlory, her sieterin aw being tien under the #amé root with lie Mrs. Leigit veuained ‘vith Lord Byron in Piccaditiy for severm weoks after the departure of Lady se oe end only lett tim when ebe found that sie could ba of no furiber use bo either party: fooited, but I have tried two You wiih think mov or three timor, aad canny to you mur dopariure with ® | deoank vignge--so tet me aay On) w: thie way, 3 philosophy, With the expo: wil nor eno ask you to atay o: ations which I have I p inclined to do.” Thwould (ve) received from you. But Yn Ui whon I #: wi nd stand them. Should you hereat Tove you lees, E will aay n0 more, going or staylag. 1 wish you to | could be wise enough to do that | Thine, ‘Adaraw the fi 1d on the cover, “To the Hon, Mrs. Laigh Kravy MALLORY, Ja (the day after she jeft Lo My Drawer A—1t wv my great comfort saat you a Pico Kimny MALLORY, Jan, 2%, 1916. DRAGEST A.—I know you fes! for mean f do a J aro better understood than I think, You have b since L knew you, my best comforter, and will #9 you grew tired of the oflice, whic Inay well JAN, 26, 1818. My Dwaanror AvavaTa-—Sball I be your sister? I wy r tw to be so Considered. Buti don’t think that } wiil'mak diveronoe ta she kindness I have so uullormly experienced irom you, . Kray Marnay, Feb. &, 1816, Avovera—You are desired by your brother hor lint @oted with my concuctence ia prox He haa. It canbot de supposed that, ituation, Tatu capable of ataing acohs which will got only jt Pr © un MY Ask DRanRs ic if ecali to Lord Wyron'é mind hia aversion to the married stale tion be bas exp ever ajnce ity commencement to treo himself from that bondage, ae Onding St quite Insuipportadis though eanvidly acknowledging that no elf action bas besu wanting on my p convinced mo taal all these atien his happiness wore wholly use ‘enclose this latter to my tion. Ever yours, mom w d most unwelcome to hing it to receive Fy fect ionatel, ay BYRON, unt withhold byt | bis sang! A. that you wonld on no ac Thope, my di Fone vrotber ibe letter whien {aunt mm your bi i more im OrtAME thet hi you. Lam, 1 beste, and not very well, yourr, most alec Honately, BYRON. Kinny Maviony, Feb. 14, Lis. ‘The pronont eutferings of all may yet be repaid in bess: ir absolutely, dearest; and save m enotigh of ab to allord you Any cousointi Hartosty row whic Lai Mout Unsppy t 6 thas nn! You will be ay opinidn hereafter and woud be f ei et en. bitvereat r r yen 1p ‘gd Heaven knowe you hare « t 35525 = 3 752% ef Dh SS eck uek Mech as ate aaah a eh Ale Sa SARE cee a, Ts ca ee RR a a ca oh SN Rea ak ae a TA A 2 SA RO sR Sh hE aah pe ecm a ene aot a ceed Saute Se ‘idured we more saan és | Kelley, a "4 pave cone—more than an; but my one Rut dear to you, could Im Rot remember these foc, "4% Farewell! God bieee you from the bottom oi . Be tabard ; saitkely that there aro ‘The reviewer tuinks it not “20 iy fete hands, will those who, even with these letter “4! beneve thac Ryron did act as le bas relied, ani ho lidasines & nulnter o! hams "¥ Wc they may deceive ticmselves, We think, bowey— Liost nednfe witli admit that no lady would deciure of @ frieud that “noone was dearer” to her or could have contriouted more to her bappiness, or was ler “best comforter,” or would address ber a8 “dou eet, if sie knew at that ine What Mra, Slowe Neves Lady Byron to la e kaewn, Atter these tet- tors the following from the Sart of Sianlope will probably gea'n pale and saperduons, Bar! Stal haa hiudly permitted ua to print iz 8: the followin strach frou a private jailer written by bim:—~ Twas very wel! acquainted with Mrs, Letgh aboht forty Aid Wg (Has bie upon her at 8t, James’ nlace ty at bord Byron, ay ay very fous o ni fact ital!’ Is a prewumnption agaioat What 18 aleget, @inca, on «ich w wupposition, the subject Would surely be (clk ay painiol, and avyocted, She was exe tremely whpreporseseing in her person and anpearance—more ke @ oun than abyibiny, aiid never ew have had the least fon to aut im hoy koew of hor, 1 such a ering as Dre, Becchor sveking to cast upon her memor, The reviewer aecount tion of Byron's evi be le fansaron, reer her was habtt of taystiqention tered with himself. Of conclusion is that her de. acconaied for by monowianlu A & Weak one, but goo had impaired tt by roligiou ove poe ey na her reach and long broodiag oy tritls, Involving some rt a a fey har wialg, me Teal aud isauy Lag: ons are most claritaply Finind was we NEW YORK CITY. CGLaTs. oO STATES tmportant @ Kefore Kegister Dwight, In the state: Byrne An application was male by the usual peistion for an order of discharge this and cations of the ground of opposition by the tated, among others “that the bankrupt had lost part of his pro- perty by gaming.” Section 29 of the new Ban gny order of disoliarge o: “who haa made any frau property or lost any part th petitioner carried on the business of a lottery dealer very extensively in this other cities, and the quesGion now arises whether apy lottery dealer can avail bimself of the Bankr: ¢ the course of sGch basiness he has sustained any losses, he ease bas heon sent by the Register to we Court, end bag been argued before nia by Mr. edgwick for the op id Samos and XN, Waite for aw invalidates any bankrupt Wf assignment of his of by gaming.” The ne baa. Krapt. GETS STAVES CHACUIT COURT, Court Notice. Judge Matchfort will call the Cireult Court equity and ergoiment calendars on Saterday uext, et eleven o'clock A, in (he District Court room, and assign cases the oo heard by Guring the month of Novembeh z 6 bh $ COUNT. The ANeged Welghmaster Prands. Rejore Commisstoner Shields. Tha Untied Slates vs, Frank Webv,—The hearing of this case was resumed yesterday moruing. Charles B. Booth testifed that in June and July last he was bookkeeper for General §F “id made out the re- turns; made up his books from the dock books, but had nothing to do with the pay rolls, The dosendant was foreman and made out the pay roli; witness Knew the men employed in the district; some men were on the p. 19 Aid not Work. The case adjourn Thursday. The Aviexed Bounty Frauds. The United Slates v3, R MoGrath.—The fendant was arrested on a cb rge of faudutently obtaining pensions, since the death of her husband, She A Boldier in the tate war, having re was committed to tle Tombs, where s insane, and upon the motion of Distri Plerrepout sie was ordered to be atschar Alleged Revenne Frands, Before Commissioner Osborn. The Urited States vs, Charles Kuppe.—The defead- ant was charged, on the complaint of Samuel Adler, of the ret cervice, with having sold unstarped ‘Vurkish tobacco, Adler testifled that he say the tobacco in question iu the defendant's store, and noticed that it Was unstumped; tat he bought some of it, and thea informed the defendant that he was lane to arre: (hat the iatter said he was not guity of any offence, a3 the tobacco had beon left h the store by the man from whom he bongnt the store and stock; that defendavt then asked witness what he should do, and that wiraess told num to go and see sterel, a dyer, about it. ‘Thore being DO evidence agatust the defendant, Who, tt was kileged, endeavored to compromise the matter, oe was dlscharged, Extradition Case, Refore Commissioner Newton. In the Matter af the Extradition ef FKrancols Farz,—The prisoner t# ebarged with forgery in Switzerland to the extent of 80,000f, Henry La- paugh, who appearod on behalf of the Swiss govern- jaent, stated that be was aot prepared to proceed with’ the case am present, as he had just re- geived the papers, and it would take seme ‘ime to have tiem translated. Tho application was resisted by Mr, Coudart, om behalf of the prisoner, ‘on the ground that tae papers could be translated ag tho procecded, ir. Lapaugh contended that it would not be proper Lo suow the papers until Vhey Were regularly put In avidenoo. Commissioner Newton granted the adjournment Appliod for, bul euggestod that im the meantime a copy of the documenta should be furnished to the defondant’s counsel, bins heaving of the tase was accordingly post- pane. ried, i SUPREME GOURT==GENERAL TERM. Decisions Rendered. Before Judges Olerke, Barnard and Satheriana, ‘The following decisions were rendered yesterday in chass argued at the January, April ead June terms, 1868; Hofman vs, Hofinan.—Judmmeat modified, with ooate to plaintiil; order fo ba settied by Judge Suth- erlant 3 - Wein U8 Sarton.—Judgmant reversed; new trial oct 038 tO abide evont. Opinion by Judge aa. Butler ts Trov.—-Tadgment reversed; new trial ordered; te to abide event, Opinion by Judge iT Cook vs. Mi et al.—Judrmont eitirmed, with costa, amrmed. Opinion by Judge Peckhaw, Disseating opinion by Devier vs, Norton et ak—Indgment Opinioa by Judge Cardozo, Judge Clarke, SUPREME COURT —CHAMBEAS. ae Dovistons Rendered. By Judge Cardozo, Matter af Harvey fe and Marion Insurance Companhtes,—Order settiod, Lanse vs, Hesh.—Motion granted and receiver appointed, esson vd. Hartshoyn,—Motion dented; costs to abide event. ‘ oo va. Snivley~—Pleadings and aMdavits ted. youn va, MOK, —Motion dented, without costs, SUPREME GOURT—OEWERAL TERM. Notice to Applicants for Admission to the Ba: Before Judges Olerko, Sutherland and Cardozo. ‘This court to-day appointed the following gentle. men asa committee to examine into the qualifica- ton of appiteants for admtsston to the bar at the presont term:—Mesers. Joha L, Sutherland, Willtlam 5. Yard gud Grats Nathan. Tois cominittee witl mect on Wednesday, tho 8d tnat,, at three o'clock, in the General Term room. The committee ou charac- tor are Messrs, Join H. Barnett, James K. Bul eud Richard L. Larremore, COURT OF GENERAL SESSIONS, Hofore Gunning 8, Bedford, vr., Clty Judge. The November term of this court commenced yes- terday, City Judge Bedford presiding, Assistant District Attorney Tweed appeared for the prosecu- uon. The Grand Jurors who answered to their names were discharged till next Monday, the Grand Jury of the Oyer and Terminer being stili in session. There being no cases ready for triai We court adjourned tul Thursda: CY INTELLIGENCE. Tus Waatann Yrsrenvay.—The following record wil) show the changes in the temperature for the past twenty-four hours in comparison with the cor. Fopencee, 'y of last year, as indicated by the mometer at Mudnut's Puarmacy, HERALD Bull ing, corner of Ann street:— 1868, 1960, SAM $6 8 P.M. 6AM 96 (OP. M. 9A, BL 40 OP. M.. 12M os 42 Avorage tomperaiure yesterday tans A195, Average temporatura for corresponding date last year....., vb teens ++ OOM RAILROAD ACCIDENT.—Yesterday morning M borer, seoe artin a te ea a a = : > et wound by imping from @ Hudson River express train from i 5 Bellevue Hospital by Posy le laa bin Nor*Sasnev.—The statement in yesterday's police reportathat Mr. Henry Foley, bartender tn Powers? saloon, was wounded with a sword in @ melée in the Testaprant is incorrect, Mr. Foley having been only ebwnity cut by the fiving pieces of a broken tumbier, Der281URZ OF MIssIONARIRS.—Laat evening a farewell tea ““egp'ng took place at the Bedford street Methodiat BpisccWal Church, the occasion being marke las a teat onlal to two lady iiestonaries who are about to iea efor india, the sceae of their future labora, ‘Tae New Pose Orrica.—Work on the new Post Ufice is golng forward rapidly. Four large derricks are consiantly employed In raisiitw carth and 1a jow- ering stone for the fonadation wail, which now haif enciicles the contenpiute ‘The northern sec- tion of the surronuding fence has been moved towards the City Hai, in order to adord space for sho coustantiy accumulating building material, Westwato Bsnorarion.—Yeaterday afternoon @bout two hundred Swedish emigrants left this city by the New Jersey Ovntral Rativoad bound west ward, They propose seitling upon 4 tract of ground of Bume 20,000 acres, purchased for them by one of Sherr agents in Mouitana. ibis is the third party that bas psssed over the road within the last twe weeks, Nakkow Esoare rrom Liv’s Suseer.—the police report (hat at an early hour yesterday morning @ young man uame Sullivan Who cts in the capectiy of night watchman In the Sum dui was found surering from the is of two ounces of landaou d he touk as a relief for tooth Tue Myrgon ‘on cieven o'clock on Sundes evening to four on Monday morning ny Meteors Were seen St Intervale shooting across the radiant rea to ve about ten degrees bortu oO} following 16 (he regtsi iL 47, Gue, fast maguitude, yellow in culor, equal to from’ (astor Dortheast wen ‘degroas; one, second magnitude, red, west of Oastor, end, Wi sot from a yo! ‘in porthoast In altiinde thire egress, castw twenty degrees, train tea sparks; 12.1 Monday, shot ten deg! one, yel ween di toward Sirtus. SUNDAY SCHOO! CeLBBRATION.—About @ yeor ago @ few of the young men connected with ihe Broad- Way Tabernacle charct, (J P. Thompson, 1,1 commenced @ Sunday Rchooi at (he corner of avenue aud Thircy-fonrth street. The school las fou and now numbers 190 echo! nd twen- . by the kindovoss of Iriends in tio ri 9 they have secured the fie vestern D avenue aud Thirty-sixth sireer, to ortablish, in con ton with the an industrial school, Heguiar pr are held on Sunday evenings and mn the week, The hall will be dedicated thes ( evening. A@dresses apy te to the occasion will be dehvered by Chancelior Verris, Rev. Dis ‘Thompson, Mess Brower and others, STEALING A BALS OF THrkap.—A decently dressed man, named Wiliam Hayley, was seen by Cherles W. Silvey taking away a bale of thread from the door niford & Co,, of No. 27 Spruce street. 2 teving that it was going away without lawful aaitiior stopped the dearer, and on further tn- quires ie handed Lim over to a policeman, a7 Was taken before Judge Dowling, who corom.tte him fo answer at ihe Speciai Sessions. ENCOTRAGKMENT FOR BURGLARA.—On the watca recurs of tho Twenty-ninth prectad yeste morning were two separate charges of burgla one preferred by rin, of West Thtrty” fourth 8 rick Baca, and ins in court refsed to prosec’ trom fear of threat Tuury of Gas FIxTURss.--fwo Dboys, named Pfletter ai Wheeler, were clay arraigned sforo Justice Mansfeld, at Essex Market loltce Jourt, by ofiicer Hogy, ef the Tenth precinet, who that he caught the lads in sorsyth car: az a set of gus fixtures, valued at twenty-five rs. The boys Cuuld not give apy satisfaciory acvount as to where they got tie Oxtures, and they wore Jocked up to give the officor an opportunity to find the owner of the property. ON# OF THE LORDS OF CreATiVY, of his noighbors in the same hou disposed of tue whole Of ila physic neray knOCK ue bedroom door of Mrs. Mary Dumphy. Dumphy did not open tie ao that was deemed devirable by Mr, Gourman, and therefore he burst it open, and duding Mra, Dumphy ta the bed, without anyibing wore to say avout tao tadignity, raised Lis heayy yooced foot and kicked her violenlly im the face, ao was committed to answer, AN APPRCTIONATR Husnayp.—Jolu Kelly waa committed nt Jeilerson Market yesterday upou com- plaint of oflicer Mead, of the Twenty-niath precit charged wiih beating his wife Aon in a brutal man- neron Sunday night, iujuring her so geverely that sho Was uuabic to appear at court. Several merle bors appeared ns Witnesses aud ataled that the prisoner ia constantly in the batt of beating and Hy Reread his family, and are often compelled to donate victuals to his cuildreu, who were suce ing from hunger, Ann Rradia, of No. 610 Wost airy mecond street, referred a charge against hat brother-in law, Joln radia, chargiug that ou Sun ight ke kudcked her down with bis fist aud kickod er several times tn the face, In defauit of $500 ball he Waa corns ted to answer #6 the Special Sessions, Onvat Rorpeny oF 4 ATRANGER.—-A newly arrived strauger from the ‘green tale of the sea,” named Jobn Burke, was, on Sunday morniag week, sdout five o'clock, Wandering in the neighborhood of Muiberry street, eller having “sampled some ager Deer and Bourbon, and waa tn a high state of satisfaction with himself and all tue people that on earth did dwell, When he was aroused frou hig hilarl- ons mood by h fellow countryman, ndtmed Patrick Clarke, wiio had watched his autics (or s0veral blocks, Ciarké went up w Bu B4 “ba, fellow, we rh met? style, and rag divest Burg % coat, BY gyutaine douats and & iG enty-fiv BE dutke. do!lare, and tock them away Burke, When hé got sobered, remem - dered tuat the Cagtlo Garden checks for iis baggage were in he coat, and aa the Castle Garden authori tles declined to yive the busgage without the che be bunted up Ciarke aad offered wo forego the recov- ery of the watca and chain if he wonid give up the checks, but Clarke either could or would not dot and, therefore, he wag arresied, Me was bi before Judge Dowling atthe Tombs apd commited to answer ai the Special Sessions A CONJIROR OUPWITTED. Berrmanws« Diamond Ring and Guid Chala Hocat-Pocussed Out of Sight, M. Herrmann, the celebrated proutatgitateur, has been swindiod. After performing ma on feata in sleight of hand, to admiring and excited audiences, at the Academy of Music, @ countrymag of his own has #succeasfally performed upon dim and Geapotiea him of 4 yalusdle gold ring and chata. M. Herrmann appeared before Judge Dowling yea- terday afternoon, at the Tombs Police Court, and nirrated the story of his wrongs, sud ne one, from the alinpie, guileless mann with whica ho told the Court tho mode adopted for robbing him, could have supposed him to have @& world-wide renoun for perfeotton in the art of decep- von, He said thata German of the namo of Mandl camo to his hotel and desired to Kuow from him whether he had any personal property of any kiad which he wished to dispose of, becanse if he had Mandi had friends who weuid bd customers for the same. M. Herrinann remembered that he had @ diamond ring and @ goid chain taat be had not worn for w very jong ime, and that he thought it likely ho would nos Want to Wear agatn, and he ofered them to Naudl, who satd be could get & good price for thew. Confidence seems to have begotten confidence on both sides, though in the one case Confidence Might be ity described as sim. poly, aad in the other a3 uoblushing impudence, . Herrmann, therefore, iacidentaily moutioncd that ho had some lacea that he required cleaned, and Manal, equal to any omergency, replied that hed a friend who Was an excellent cleauer of laces, upon which Herrmann handed tiem over to Mand). He valued the Jeweiry and laces at $500, He had geen Mandl since aad inquired for the proceeds of the sale Of the Jewciry and for the purifed laces. Mr. Mandl was quite unable to see tia pointof M, Herrmana’s remarks, and denied that they had any personal reference, and that M. Lierrmann was — indulging in @ very pretty romaace, “A very good story indeed, lerrmann; very creditadle to & man of your inventive genius; aseful at yo performance, I have no doubt, M. Herrmann; with @ polite pow he left M, Herrmann to his astonished meditations, M. Hormany meditations jed mim to the Tombs, and Judge | Dowling very speedily granted a warrant, and ofcer Gillan Was detailed tO ake (le arcest ence of @ policeman Mr. Michael Mand! ba memory refreshed, and it Wes surprising to gee low In the presence of a stern reality like an officer of the law all the very pleasant badinage of M. Horr. wooun, having beon amusing himeelf by a very agreeable litle fetion, was Wwituueld and @ confession made that he hed appropriated the pecuntary re. eulla of th piessor's property, Mend) was vom. MiLtod in $1,090 Dall (or axeenuations che | Misa CG. V. Hutching All interested in | Suniay school wors are mavited to be t. me ‘ ACK, Bilvey, | named Thomas Gonrman, Who basa room laa house at No, 20 Rector strect, got into a quarrel with some aod not paving Mra, WIth the promptitade next | marked $1 aud | and abie services of Judge Person, of whieh It was In the pres. | bts | Sppear for trial before the United Staves Distries TAL C482 OF THE PRIVATEER HORNET, Elghth Days Proceedinge—Arguments ef Connsel—Conclusion of the Trial of Commoe dore Higgins and His Oiicers, , {trom the Wiimington (N. C.) Journal, Oct. 30, ‘the conrt ments from w | ta tet for the purpose of hearing eae counsel, ‘Tho fuce that tne speeches ould be meade attracted @ large numer of spec- \wors. While we shail endeavor fo convey le th caler's mind some idea of ihe character of the nents, We bY no means atvewpt to give these ‘hes 10 full—and we confess tn the limited space | jorded Us our inabliity @ do the avie counsel jus. | tice; the publication of ther arguments in full woud | oaly do that. ‘Ihe speech of Mr. avis was espe | clay able and eloquent, and was Lighiy reciated, the arguments ocoupted somethtig over four hours Ond @ hail, yet che spectators’ aliontion s: arcely Hagged. v. Phelps opencd for the government. He spoke of our internsuional obugenons aud relations and the reapousinility they ewial. Great stress was laid pres the international code, ieat which Was crys- iized and took form in the act et ists, the act of 1794 being nore or leas temporary in its Mature and provisions, ‘he duty oi tie Comm F wae fold; to examine, first, i an offen initted, and, second, if there is sutiicient ar | op { kround for the belief that the purities char, are cuity, The fact of tue Hornet coming 1a ders 43 & inan-of-war Was aduuttod, If iy shown ta lesuiineny Lint When who let Phiiadeipiia she waa to all apy co & peaceable vergel—at Jlallffax, alse, cue apnocared tuus so that Leiwween ieavmg there and her mast have eon titted ont ad . ‘The questiea ts whetaer she in the United harged were KUOW iii. val bere, an armed ve was titted ont lie i etion oxisted when she left Priiad wvies R vessel to be aruicd y a8 he who carr: runs aa WO ‘a, the qu AoorH mis wheilter t ped to tas arinamcul of & of the United Staies, States a9 wat whole ext Ww over Which Uke 2u z extends —wherever Lt has ¢omiatean and jurisdiction ana bears away. Av Y 8 a part of tie territory of that cour. er Su0 May be; ths octrine is down in the elementary books, states alwaya } has ana’ aiways gud maintain } its control ro 1 Waters contiguous to Its consi. \/beoher a Veene! De Wii in to, 1 Oi 149 Suore Bie Is , BLX oF tea male: onisd uf the Untied Statea. The lanty prove that tate vessel luarime league of the shore, on of Gorduuts testimony, un- | der the ruling of the court, tue waole ship's com- pany nught Nave been brought so ui They not pring t } Or the ot } iro, iar Gorion, reviewed gud criticized at Chevers, Chrisuian and Fowler.) msiifuted for 1 Ment, vut to. agcerta houor wbu diguity of goverpinent did pot er Puniadment, but for wai for she a 7 instar ameat tuluct. ‘The uia, it clame.s not for Judge Meares ied of Mauce, tle siated iat in aumost ¢' vevious decisions of the Supreme of 1518, tt had been where tav ship v a not the officers that Une statute lad boen consrued. He ed witu Vermneul Guuasel abou Lhe PTO thy the en awe. i 1 judement when Lucy intro- | duced only sutiicient tesumouy to revut Lie testi« | mony of Gordon, but wheu Uie Court ruled that the testimouy of the defendwats was admimsitle, thy paine dour Was open fo the presesutien as to the de- ine counsel migus sence. i the cou on te other side were not satisfled Wih the icstimony iaereduced, why did they not call olher Géfeadant& oa tmestand? (Here the counsel bestowed wpea the suarp. New York detecitves, Who eppearcd so eager jin the prosecution hore, some Very CUt- tng blows) ‘The ship 48 mot en trial—the | p be gurly in aw aad every Olicer sud she may be condsinned li a { facis as cudnged and thou every trial be positi muoova:, Lave any of these ot beau gully of tum, oat tis vessel for boeuie purposes? Wis fee governm: Malive, and ib Must Wake out its cas poltive oa every one of tug points court judiclaily the ate= yper mnst charged that the government iS at poag G | case niust bo mace out ta this respect a Tial part tyat This fact shall be abtesled hy the pro | nied ia court, Gordon's b cots 1 ssh } This proposition covers Rewer or not one or more of these parties on trial were concerned in fitting ont the sulp If tho } Vessel wi ots! of & marine ieiguo from j the shore, sody 18 guilty; must be | shown of the eticers a Ain dtting out. A® lo the juriediction ever waier, tila is not agcided by iaw. tartes regardi diction of & al ims res y authori xtends Le cS country ove ‘tke gener siou {8 ayninst it, and the geeoral v.ew ties 18 that te juriadietien of a cou ferther into We sen than cawRan st rine league, and tne Congress have recognized this limi, Jadpe Meares ere clos his remarks by asserting again tha, tue slip Wight be guilty without one of the eflicers or men. If othera from ile shore fitted out tue silp taey were not here to-day, The ovicers hece were utere [oosers on, and assumed no autboriy G4 the Cuban flag waa raised. Mr. Davis In opening Sia argumentaaid thatit wae ainisfortune that this cause should have been pre- julged, The sitp now hes ja eight of this court. room dismantied, ter crew disvanded, the vessel ized and ae much lost to tae cause of Cuba to-day ademacd. Withous intending to the action of the government, he Would ovssiry for its honor Phat its action should Ubat these Removable gonUemen here ned under & eriminal prosecation ? a of the Commatsstoner the govern- laid great stress upon tue ques. ion Of probable cause #nd reasonable suspicion, but | this yucetion ef probable cause does not preseus uything definite—tae questiun 13, does tue justice or the government, upon the evidence, actual require that theva men shal be bounm overt Under the neatrainy act of ISI%, it is no offence to arm and out a vessel in tue United States, ‘The offence consists in the intent te comput hostiliiies against a pation et peace with the United States. Unless thae fact 1s estaviished no nee 1s p In What portion of the evidence is It shown that it Was at peace with Sputu or any ober nation’ On tie frst examination it was con- 4 by goverament counsei that the sip Was nob ie Ship, as Cuba's betlwwerent rights uot being ghized by the (niled Siates it recognized no war betweea Spain and Cuba. Applylag this to tue defence the ship could not be Uiled out for war agains Spain, wien ihe Court had no judi! knowl efige thal there was 4 wor with spatu. Tae prosecu- Jon has failed to establish it in proof, and facts of Matocs must be preven a8 any other questions of acis, Toe litent to wage war with a nation wb whom We are as peace is the very life of an offence; pass, away that and Lo ofegoe exist AR ld “the quostion of juris- diction over the soa it had mot been shown taet tho Htting out oceurred within the jurisdiction ofthe United States, The jurtatiotion over contt+ yuOUs Walcrs Was extended to Within & marine feague of the shore for the pretection of the reveanu interest, and it isan absurdity to suppose tual the territoria! lim ts of the United States cover the great extent on water as claimed by counsel. It waa assumed that the court rust exclude from consl- neration all the testimony of Gordon, aad tas asenmpuon the counsel proceeded to substantiate. Gordon was an accomplice, an accomplice who became sich with the avowed purpose of betrayin his comrartes for money. He has exiribiced tinsel untrustworthy and bad centradicted himeel! aud been contradicted. (A sharp and scathlag review of Gordon's losiimony was here made.) bus the quase ton 18 not whether the ship was (tied out, but wines ther the defendants were concerned in fitting her outy Commodore fliggins aud ofloers, so far as Vie court Koows, never heurd of the expedition of he yes ONtgoONs seas.) | aak, ts the go lurther, 0: suonld be # In de, mant co til she arrived at Halta Did aay of these rs fit out ue vessel within the jurisdiction of the United States? They bad even taken tho pre | crution to go ont of the Unived States to join tha ship and avold any violation of the nenirality act. [A lengthy examination eat seruting of the teeti-+ mony of the Witnesses regarding the position of the vessel at Montauk Point was here made.) Aud whei- ever the justice of a goverument becoules Linke! whit spies and iniormtera then goodby to the liberty of | the citizen, It w sd that the government Nad dione if, br ited above the carca | Who were ac’ | Commented up | the government @ in tie proseoution were save; and their action 1a acco:paay iraeases and attempts to co | the crew of tho vessel stated; n Lilis conae’ | @ just and eloquent trivace was paid to tl | devotion and faitufuine-s of those men to ther | cera} In this prosecution there 1s iore than tha | honor of the government concerned—the liberty of | the citizen ia at stake, that wich 14 co-oxtatent and wrapped up with the honor of the government, aad wititout Which no republic can exist, | “Mr. Phelps, for the prosecution, closed tho argu | ment, His remarks were brief, stating that the | point'to be doterimined was mot that War exists be~ | tween Spain and Caba, but that the arate vessel | nad been tted out andl armed for hosthities agal | Spain, with which the United Sta ace; auth whether tha intent to comant hosullties existed, If | the vessel was browrht witain the jurisdiction of the United States, then there is 00 douvt of tue fact that | the officers were kKuowingiy concerned in dtting her out. The question of the jurisdiction of the govern meat at and the position of she vessel while arming were then argued at some length. Without any intention to refiect upon the ability aud management of Mr. Puelpa, i could but be roe i the prosecution missed the preseneg oa loyalty, Goprived by his serious indisposition. ‘The decision of the Commissioner has been pab- lished by telegraph in the AARaLy. Seven of tne Ofiicers of the Cubs were held to ball In $50) dack to Court of Norte Carolina. {During the past fisoal years 760,9000,000 of Jettersa Passed throug the mails of the Laiied Stakes, De ng an tnerense of 400 0 over any previous years Lid8 is about twen y otters per head lor every My | Woinao aud cliiid ta (he Culted Stated, .