The New York Herald Newspaper, November 30, 1869, Page 3

WASHINGTON. The Cuban Junta Working * "for Recognition. Minister Roberts and the Spanish Fleet, Abrogation of the’ Postal Treaty with France. The Tariff and Internal Revenue Ques- tions Before the Committee. Wiiniste: Burlingame Defends His BEission. WASsuINGTON, Nov, 29, 1869, ‘The Gold Sales in Now York. ‘The report. in Wail street, New York, to-day that Mr. Stewart and other prominent merchants of your citv had telegraphed to Secretary Boutweil urging him tostop the sales of gold in order to save tmporters from ruin, is, 1am informed on the ingh- @stauthority without foundation. Up to a late bour to-night no despatch of the kind had been received by the Secretary. Preparing for the Congressional Opening. Senator Edmunds, of Vermont, had an interview with the President this morning. Subsequently Becretaries Fish and Belknap and Attorney General ‘Hoar were in consultation with the President, The members of Congress who have arrived in this city Ihave conaiderable business to attend to at the vari- ous departments. A large proportion of those who are already here tave had interviews with Secretary Boutwell, the Commissioner of Internal Revenue, Treasucer Spinner ana other prominent Treasury oMcials. TheSecretary of the Navy is still engaged in the preparation of his reports, Commissioner Delano's report will be handed to Secretary Loutwell to-morrow, ‘The Tariff and Internal Revenue Bills. ‘The Committee of Ways and Means held their pre- Uminary meeting to-day, all the members present except Mr. Blair, of Michigan. The tari(f bill was taken up, and, after a general discussion upon the propriety of placing certain articles on the free lst, It was agreed, first of all, to address a letter to the Secretary of the Treasury, enclosing the proposed free liat and inquiring what amount of revenue has ‘been derived from the articles which it is designed to strike off. Until s reply 1s received from the Secre- tary the committee will suspend action. What they ‘wish to ascertain is whether the government can agord todo withont the revenue which tt has beon receiving from these sources. The committee to-day seemed to be unanimous in the opinion that it ts a@baurd to tax chalk at the rate now fixed by law, and without waiting for the Secretary’s reply to their letter voted to put it om the free list. The committee hope to be able to per- fect «bill before the holidays. As soon as the tariff ts disposed of they ‘Wifl take up the Internal Revenue Bill, The measure Proposed by Mr. Myers, of Pennsylvania, of which Mention has been made recently in the newspapers, for the collection of the whiskey tax is scouted by the committee. The theory proposed by Mr. Myers is an old one, which was examined by the committee @ year ago ana was rejected as im- Pracucable, It was decided then that no better system could be devised for enabi'ng the distillers ‘Who were so disposed to cleat the government. Increase of Representation in the House, Several prominent members of the Census Vom- mittee have under consideration the advisability of increasing the representation in the lower branch of Congress to 300, The representation at present 1s 243, abd this would be an increase of fifty-seven. The principal argument in favor of this 1s in order to take inthe two-fifths not incinuded in the appor- tionment under the census taken in 1860. Projects of the Cuban Junta. The Cuban agents in this country are about to make # powerful appeal to our gov- ernment for recognition. Sefior Lemus, the chief en- ‘voy of Cespedes, Seflor Francisco Feaser, Seiior José Antonio Echeverria, Seflor Delmonte and Sefior Francisco Xavier Cisveros have arrived here for this purpose and intend to request interviews with the President, his Cabinet ministers and the leading men of both houses of Congress. Sofiors Feseer and Echeverria speak our language perfectly and will ‘be able to explain the views of the Cuban patriots. Their claims to our sympathy they support with ‘more force and clearness than they have hitherto been presented. Fesser, who is treasurer of the Junia, is apparently aman of much ability. He talke and has the winning ways that are calculated ‘to touch the administration and Congressional hearté, It is said that the President and Secretary Fish will be interviewed to-morrow, and the delega- ion feel sanguine of making a good impression. Sefior Fesser is atopping with Colonel Freyere, the Peruvian Minister. ‘The Spanish Fleet Going to Phitndelphin. It ts said that the Spanish Minister, in conversa- tion with Mr. Fish last Saturday, informed him, as I Gtated before, that the mtention of the Spanish Admiral to bring his ships to New York had been ‘abandoned, and that he would now take them to Philadelphia for repairs. The government is not altogether satisfied with the honesty of the inten- tions of the Spaniards, and I learn that » strict watch will be kept upon their movements should they enter the Delaware. Mr. Roberts, however, Protests wat the idea ot their using any force to release the gunboats is preposterous, inasmuch as there is no question ag yet in point of fact between the United States and the Spanisi government on that subject. Mr. Burlingame and the Chincae Mission. Mr. Burlingame, several weeks ago, authorized a gentleman who has just returved trom Europe vo make the statement that the constant reports of the dissatisfaction of the Chinese government with his ‘Mission originate in China among those who are op- posed, on commercial and other grounds, to the Policy of that government. iis diplomatic conduct bas bedn in entire accord with it, and has, therefore, Feceived its entire approval, His mission will be extended beyond two yeara. In February he will Proceed from Berlin to St. Petersburg. He also stated the results of his mntseion would be a complete international triumph for China and place her among the first controiling nations of the world. The Proposed Removal of the Cupital, As the Western Senators and members come in “the subject of removing the capital is revived. A prominent Senator, of Wisconsin, was heard to re- mark that no Western mau can afford to vote against the removal of the capita) and hope to come back to Congress. This same Senator 1s preparing a specch on the subject, whitch he will deliver during the @esgion. A few of the Western men who have arrived refuse to commit themselves on the subject; but they say they do not know but that they couid youe for it U it came up, Abrogation of the Postal Arrangement with France, On and after January 1, 1870, the exchange of Mails between the United States ud France will Cease In consequence of the abrogation of the present Postal convention between the two countries, to take effect on that date, The correspondence ad- Gressed to France and recived from Fraace on and after the ist of January next, by steamships or other vessels running direct between the two coun- ‘Aries, will therefore be subject to the following rates of United states postage, to be prepaid by stamps at the oMice of Malling on matter sent, and collected at the once of delivery on matter received, letters, ten conte per single rate of hulf an ounce or under; Mewapapers, two cente each, and book packets and samples of merchandise, four cents per each four Ounces or fraction thereof, Letters for. France may be sent from the United States in the ordinary open Bali to England without prepayment of postage; NEw YORK HERALD, TUESDAY, NOVEMBER 30, 1869.—TRIPLE SHEET. bat printed matter and samples cannot, under exist- ing regulations, be sent, Inasmuch as all direct postal reiguons between the Postal Departments of the United States and France wili cease after the 1st of, next, 1s will not be practicable to for- Correspondence after that date 10 any foreign country by French mail. The rates of postage by French matt, as stated in the table of postages:to foreign countries, will, therefore, be in operation alter the Sist ef December proximo, _ Revenue Appointments. Acting Commissioner Dougiags to-day appointed Joseph W. Dwyer Supervisor of Igternal Bevence for the ern, District of Ohio, in place of Hedges, deceased. Dwyer bas been on duty for several Months in'the Internal Revenue Office in this city. Edward R, Ryan has been appointed Agnistant A s- sessor of Internal Revenue ta the Second district of New York, vice D. MoFariand, tue person who re- cently shot Mr. Richardson, * ‘The following Assistant Assessors have also been appointed:—William H. Her, Fourth district, Penn- sylvania, and William A, Herron, Twenty-second district, Pennsylvania, Abner Seawan has been appointed storekeeper in the Internal Revenue de- partment, Tenth district, New York. Counterfeita at the Treasury Department. 4 counterfeit three dollar coupon of the bonds of "81, the first five-twenty notes, was received at the Treasury to-day, it having been paid in Boston and forwarded to Washington, <A fifteen cent note and two twenty-five cent notes were alao received, which had not been stamped with the seal required to be put on at the Department. Revival of the National Intelligencer. Alexander Delmar has purchased the National Intelligencer, and will to-morrow morning announce himself a8 editor and publisher, with ample resources for ite improvement as @ public journal, Death of Mrs. Gorham. Mrs, Martha J. Gorham, mother of George ©, Gor- ham, Secretary of the Senate, died suddenly of paralysis, near Dorchester, Mass, yesterday. She will be buried in New London, Conn., where her husband ts buried, “4 ersonal. L. P. Morton, of New York, who entertained part of the Presidential party at New York last summer, called at the White House this morning and had a social interview. General Cochrane and J. W. Tay- lor, of New York, arrived in this city and called at the Executive Mansion. Mr, Taylor is said to have an eye to the New York collectorship. Quien sade > Among other New Yorkers in this city are Messrs, Simon Stevens ana James Brooks, UMTED STATES SUPREWE COURT. Deciston iv the Texas Indemnity Bond Case~ The Lane Cotton Litigation—The Speed- Davies Hog Transactions. WASHINGTON, Nov. 29, 1869. No. 6 (Original). The State of Texas vs, White, Chites and Others.—The Chief Justice delivered the opinion in this cause, holding that the thirty-four bonds, commonly called indemnity bonds, and 170 coupons presented for redemption at the Treasury Department by the defendant Hardenburgh, were in fact the property of the State of ‘Texas, and that the bonds, commonly known as five-twenty bonds, amounting at their face value to $60,000, deposited by the defendant Hardenburgh with R. W. Taylor to secure the Secretary of the Treasury on the payment of the indemnity bonds, ave liable in equity to the claim of the State of Texas to the extent of the imdemnity bonds, which is found to be $38,250. she decree is settled accordingly, and Tavior is directed to sell, and is appointed a special master for that purpose, so many of the five-twenty bonds as May be necessary to produce the sum required and Pay it over to the State of Texas, and deliver the balance of the bonds to Hardenburgh and report his proceedings to the Court within ten days from the first day of the next term. As it does not appear from the compjainant’s bill that the State of Texas has any interest in four other bonds remaining, in respect of which ‘urther hearing was allowed to Biren and Murray, the bill as to those bonds ts dis- missed. The theory of the opinion 1s that there was no payment by the Treasury Department, but merely an exchange of securities. The particulars of the case are familiar. No, 196, The United States vs. George W. Lane— Appeal from the Court of Claims,—Lane made con- tracts with @ sub-agent of the Treasury at Norfolk to procure cotton for the government on the Chowan river, North Caroling, within the rebel lines. The voyage was with under saie conduct from lise same susinslieeene on oe ear oald past cotton, the Nessel was. y naval jorces under Admiras Porter and detained about two months, when, by order of the Secretary of the ‘Treasury, the cotton was sent to New York to be sold, and the vessel was sens to the District of Co- lumpia for adjudication in the Prize Court. Upon the nearing of the case in the Prize Court the decree was for Lane. Subsequently the cotton was restored to Lane in New York by order of the Secretary of War, but the price of cotton having fallen in the meantime this action was brought to recover the difference in value, the amount claimed being $31,625 40, The Court of Ciaims gave judgment for the-plaintiffand the government appealed, and this court now held, Mr, Justice Davis delivering the Opinion, that the contract between the claimant and the sub-agent of the Treasury was unauthorized by any law, aud, on the contrary, was io violation of law. There was no authority im the Treasury regu- jations for the contract made, and any such regula- tion, 1 existing, Would have been void, as licensing or authorizing trade between public enemics—a thing not contemplated nor intended by Congress and unlawful. By universa) consent, in view of the case, is was deemed necessary to consider the ques- tion of the liability of the government fur the act of its navy officers in the matter of detention. The Judgment of the Court of Claims was reversed und the Cause remanded, with directions to dismiss the etition. Nos. 189 and 195. United States vs. Speed and Da- vies and The Same vs. Rovert Floyd—Appeal from the Court of Claims.—In October, 1864, the Secre- of War, through the Commissary Geveral, authorized Major Simonds, of Louisvide, to pur- chase hogs and enter into contracts ior slaughtering and packing them to furnish pork for the army. Under this autuority contracts were made with the deiendants here and action was brought to recover for the work done. The Court of Claims gave judg- ment for the claimants in No. 189 for $19,720 80, and in No, 196 for $20,205 80. The government appealed, claiming as its main proposition that pork packing and bacon curing 18 not @ business within the scope and power of the Secretary of War or his suboral- nates, Other tecunical objections to the judgment were raised, but the foregoing was the chief point. Mr. Justice’ Miller now delivered tne Opinion of the court, holding that this propo- sition of the government counsel is entirel, too narrow a view to take of the oficial authori of the Secretary of War. It is conceded that if the Secretary of War were to undertake, under the supervision of his department, the distinct business of pork packing, then the objection of the counsel would be sound; but where, a8 in this case, that officer authorizes the procuring of and acon- tract to be made for their slaugiter and packing, to supply the army with pork, ne does nos go beyond the limits of his power to that end nor beyond the requirements of duty, The other objectiona were severally met anG answered by the opinion, and the judgment below wag affirmed, No, 200, she Travellers’ Insurance Company vs. Mosley—Evror to the Circutt Court for the Northern District of Minois,—The defendant in error is the widow of one Mogley, and brought her action to recover upon an acclaental policy of in- eurance issued upon his life and payable to her, The defence was that the death of the insured Was occasioned by disease and not by accident. The claim was tiuat the insured had died from injuries sustained by falling down statrs, and the court be- jow admitted the declarations of the deceased at the time of his nf apd during his illness thereafter as to the cause of his injuries and the nature of his suffering, po other person having Witnessed the acciaent. This evidence was objected to ag hearsay, and inadmissible, but was admitted, and the verdit was for the plaintif. The case was brought here for review, and the Court now held (Mr. Justice Swayne delivering tae opinion) that the declarations of the deceased, made at the time of the accide: ere admissible as evidence to show the {gct of the fail and tbe injures occasioned by it. Tie rule of evi- dence in such cases is reviewed at great h in the optnion, and the judgment of the court below is afirmed, Mr. Justice Clifford read a dissenting opinion, Which was concurred in by Justice Nelson. Na. 206. Blanchard et al versus Pullman et al,— Brror (o the Circuit Court for the Southern District of Ohio.—Action to. recover damages for an alleged infringement of @ patent for an tmprovement in vending wood. The machine of the plaintiffs is known as the rotary form machine, and that of the delendants as the atationary form; aud the question was whether in view of the state of the act piain- tits’ patent could be fairly construed to cover machines in which stationary forms were employed. The jury thonght not. Another verdict deviared there had open no iofringement. From the judg- ment entered on that verdict the cause came here, where it was now afirmed, Mr. Justice Clifford de- livering the opinion of ¢he Court, and Mr, Justice Swayne dissenting. No, 207. The Chicopee Rank, Plaintiff tn Error, vs, The Seventh National Bank of P 4a—Error to the Cireuit Court ror the District of Massachu- sefts,—ThO Philadelphia bank sent a draft to the Chicopee Bank in usetté for collection, which Was lost in the latter bank and was not pre- sented for payment, The acceptors proving worth- less and the drawer and endorser Lng ae in consequence of the want of demand and pri or other notice, this suit was brought and resuited in faver of the piaintit, The defendant brought the case, inmsung thet nothing wae done or omitted «by tieir bank which caused oF of the acceptors! aud that in the bank during the day of 5 Soe ment made ner stice, they cannot afterwards BE gE e E 4 tL 5 5 g E iF = me ttt 4s E : i H plaintif in error for Teissued letters patent for improvements for eleva ing hay and other like purpot ‘The decree below ‘Was tor the plaintiff, and of damages resulted in a report for the for the sum oO! $1,860, Appeal was taken to this court, Fie nor results vet aMrmance of the one Carpenter, Plaintiff in Error, vs. Dexter, Bxeouor—krror to the a Ctroutt Court sor the North- ern District of Tdinots.—This was an action of eject- went and produced a deed porborting w trough whow title passed ta? James, father of te whom title james, fa! Plaintiff's testator, and from him to the defendant, as was alleged. ie plainti’ offered evidence to show that toe deea ring to be from his testator’s father, through which color of tile to the defendant and others, was a forgery. e judgment ‘Was for the plaintiff, and the case was brought here, where it 1s affirmed by an opinion delivered by Mr. Justice Field, reviewing the conveyancing laws of iilmois and finding that there was no error in the rulings below in regard to them. No, 271. ‘Ouiver ‘Bronson, Plaintiff Error, vs. Stephen Ken —Brror to the Court af Appeals of the State of New York.—This was a@ gold contract Case, and was recently submitted to the considera- tion of the court on the printed pointe of counsel, the case being. Tested on the decision in the case of Brown vs. Rhodes, aiso here, on writ of error to the same court of New York, and which was decided last term. The Chief Justice now delivered the opinion. of the court, reversing the }! jenbkof the Court of Appeals and remanding the case for turtuer pro- ceedings in accordance with the opinion. No, 200. R. H, Magoon vs. C, H. Scales—Error to the Ctrouit Court for the District af Wisconain.—Ar- gument commenced, Messrs, H. S. Magoon, of Wisconsin, John F. Miller, James Johnson and Jobn Currey, of California, were adinitied to the bar. MOMICIPAL AFFAIRS. BOARD OF ALDERMEN. A Pavement With an Awful Name. The Board met at two o’clock yesterday after- noon, with a fall quorum of members and a large lobby. The following is the most important busi- neas transacted:— Resolutions were adopted to pave with Belgian pavement Fiftieth street, from Fifth to Sixth avenue; also Broome street, on the southerly side, from Lau- rens to Wooster street; also Twentieth screet, from avenue A to the Hast river; also 126th street, irom Eighth avenue w the at Tiver; algo Filty-seventh street, froin Third to ih Avehue. The sum of $1,000 per annum was donated to the Homeopathic Dispensary in aid of the funds of said institution, A resolution was tabled to adopt over the Mayor’s veto a resolution that the pavement now lying in Chambers street, between Centre street and Broad- way, be overlain, coated and concreted with the “New York and Paris Company’s patent adhesive, elastic and noiseless pavemént.”” A resolution was laid over to pass, over the Mayor's veto, a resolution increasing the salary of the Clerk in the Bureau of Street Improvements, in the Street Department, to $3,500 per annum. ‘Yhe Board then adjourned. BOARD OF ASSISTANT ALDERMEN, The Long Island Bone Boiling Swindle— Nicolson and Belgian’ Pavement—“£xtra Services.” This Board met yesterday afternoon, the Presi- den’, Mr. Monaghan, presiding. After the minutes of the previous regular meet- ing were read, Mr. PINCKNEY said he saw by the newspapers that a special meeting of the Board was held on Saturday, but he had received no written notice, in accordance with the rules of the Board, although he was infurmed that a telegram had been sent from the Police Headquarters, The President said that there was a notice sent to every member of the Board the evening previous. Ata later stage of the proceedings Mr. PINCKNEY offered the following preamble and resolutions: — Whereas, by the provisions of the charter of the etty of New York it is provided by section forty-six thereof that no allowaace beyond the legal claim uni the Corporation or for any services on its account or in its em- ployment shall ever be allowed; and whereas a contract was entered into between the city authorities and the Long island Bone Laborato: Company in April, 1565, for the term of ten rears, from April 16, 1865, for the removal of dead animais From ihe city at the andual compensation of $16,000; and whereas the Board did on the 2/th inst. concur with the Board of Aldermen in increasing the com to be under, contract to the sum of 86u,| er anuum; ete beyetrss +h ection appearing to be in violation of the clly chi Ny, ‘esolved, That his Honor the Mayor be and he is hereby requested to veto said resolution. On motion the paper was referred to the Committee on Public Health. The Croton Aqueduct Department was directed to have the following streets and avenues paved with the patent Nicolson pavement:—Fifth avenue, from Fifty-nmth to Ninetieth street; Howard atreet, irom Broadway to Centre street; Ninth street, between Second and Third avenues; Stuyvesant strect, be- tween Second and Third avenues; Fisty-fifth street, from Fifth to Sixth avenue; Waverley place, from Broadway to Sixth avenue; Thirty-seventh street, between Sixth aud Seventh avenues; Fifty-fifth street, from Lexington to Fourth avenue. The same departuwent was instructed to pave the any contract with following streets with Belgian pavement:—Avenue C, from Houston to Kighteenth street; 126th street, from Third to Fourth avenue; Thirty-first street, be- tween Firat and Second avenues, The Comptrolier was directed to make the follow- ing donations:— Bethel church, Sullivan street..... ereececsoveves $22) Second church or the Evangelical association, Fifty-third street Stas eeveerseesereseeses Another “job” was “put through”’ just before ad- journment in the shape of a resolve directing the Comptroiior to draw his warrant in favor of Patrick H. Lydon tor $1,500 “tor services rendered during the years 1868 and 1869 in City Department, Comp- trolier’s oMce, in writing up trust accounts ond assessinent books.” ‘Yhe Bourd adjourned tili Wednesday, o'clock. at two THE POLICE BOARD. A Political Joke Worth Recording. The Board of Police Commissioners met yesteraay, when it leaked out that a practical joke had been attempted by a number of voters. The following petition was presented, to which it is said were attached tho names of 13,000 residents of the Thir teenth ward, The appeal was read, laughea at and” referred to the Committee on Elections—Henry Smith and Matthew T, Brennan, who of course will choke Miller's gang off at once and give the petition- ers a fair fleld:— ‘To THR HONORANLE BOARD OF POLTOR ComMIBSIONERS -— We, the undersigned citizens of the Sixth Aidermanic dis trict (Thirteenth ward), respectfully rote that your honor- able body will. secure fo the citizens of the Sixth Aldermani district the means of having the bengfit of a fair election, and also the benefit of a fair canvass in the commg charter elec- tion, of the votes caat for the several candidates. dove only A oe all vos] vassors, as Alderman Miller prociaims bod ‘and soul, ublicans as weil crats; and says he must be elected or counted ped om ‘one vote to his opponent's five, as he “Th he inery with him; and to prove the truth of his he has his friends and subordinates appointed to th tions; and, furthermore, to prove that th titled to, or ought not have the vassera or inspectors, it can be prot pointees as canvassers ee 3 before the election game off that they would give s certain candidate three This can be votes m each of the two districts tn which they Indi- vidually served as can‘ which threat or promise they effectually carried into execution, as the returns will shor w ‘We hope that fn laying these facts before your honorable body it will convince you of the justice of removing those men and appointing in their stead men who sre well known for their houesty and integrity, and in whom the citizens will have the utmost confidence, assuring you that such can found in the ward—with the knowledge that the citizens are entitled to ® consideration in this matter, instead of one who does not represent them, and who ought not to have the selection on account of being directly interested, but more #0 on account of the selections he has made. Expecting you to give us an opportunity of electing whom we please, we subscribe ourselves your obedient servants. MASS MEETING OF CLOTHING CUTTERS. The clothing cutters of this city held a maas moet- ing last evening at the Germania Assembly Rooms for the purpose of taking into consideration the present condition of the trade and devising meas- ‘tures to promote the interests of its membera. Mr. Henry Snatler was elected chairman, and briefly ad- Greased the meeting on the vital importance of effecting orough reorganization of the different shops belonging to the trade. Resolutions prepared by a commictee of twenty appointed at s previous meeting of the society were offered for the acceptance of the meeting. They invite the participation and co-operation of all prac- tieal clothing cutters, and recommend that the future meet il the eae b 2 eld - poh lace where MoUs uers are not $ that quarterly” moctings be held for the purpose of collecting dues and transacting other important business; tt no money be drawn irom the treasury without the authorization of the Officers, and that a committee of tem be appointed to draft » constitution and byluws. ‘ne resolutions were on motion accepted. uently addresses were delivered by Mesars, Duryea, Kuhn and a number of others, who exps- tiated on the importance of workingmen combining to advance their interests and secure fair wages, THE SPANISH HOSQUITO FLEET. Notice ef Motion fer Quashing the Libe) Served on Judge Pierrepout Yesterday—No Come Before the Cabinet Meeting To-Day. No new developments occurred yesterday in the matter of the Spanisn gunboats seized by the Mar- sbal under @ writ issued out of the United States “District Court, as a court of maritime and admiralty Jurisdiction. Marshal Harlow retains possession } of them through his deputies, and the armed tug Martin Kalbfeisch is still tm position to prevent any of the boata from leaving their moor- ings. Mr. Delamater’s workmen were all duly on hand yesterday morning, and experienced no inter- Tuption with their labors from the officers, except that here and there, now on this and now on another boat, the Marsual’s deputies either asked for or offered & “chew” or @ pipefull of topacco, or en- gaged in @ pleasant chat with the men at work to while away the ume. In the afternoon Mr. E. W. Stoughton, as proctor in admiralty for the clalm- ants, Messrs. Delamater & Co, visited the office of the Unived States District Attorney, and served Judge Pierrepont with the following notice:— THE UNITRD STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK:— A certain Gunbdoat, lying at the foot of Thirteenth street, North river, known as @unboat No. 1, her Tackle, dc., vs. The United States; ana Twenty-nine other Gunboats, numbered from 2 to 30 inclusive, weir Tackle, dc. vs. The United States, To EDWARD PISRREPONT, Bsq., District Attorney:— SiR—Please take notice that in each of the above entitied causes I shall move the court, on Thursuay ext, the 2d proximo, at turee o'clock P, M., or as soon thereafter ag counsel can be heard, to discharge from custody the gunboats, their tackle, &c., pro- ceeded against above, for the following reasons among othera:— First—Tvhat the peculiar construction and general character of tue aloresaid gunboats are conclusive against the allegation of the libels that the gunboats aforesaid were furnished or fitted out with intent to cruise and commit hostilities on behalf of Spauw against the subjects or citizens of Peru. Second—That the political relations existing at the time tne gunboats proceeded against above were furnished or fitted out between the government of Spain on the one hand and Peru on the other hand were not warlike but peaceful, rendering 1 impro- bable, if not impossible, that the aforesaid poate Were so furnished or fitted out with intent to be used by Spain to cruise or commit hostilities agamst ‘$hO SUDJECis, Citizens or property of Peru. E. W. STOUGHTON, Proctor and counsel for claimants, New York, Nov. 20, 1869. Before serving this notice on Judge Pierrepont Mr. Btoughton inquired of Judge Blatchford what day and hour woula sf him best to take up the case, and the Judge himgif xed the time named inthe foregoing notice,/ It seems, therefore, conclusive, that this important litigation will be reached in the court on the day and hour named, On serving the notice Mr, Stoughton informed the District Attorney that the papers ou which thig ‘motion 1a based, and which will be used aa evidence in support of the disYuarge of the boats, are being prepared and will be printed in the course of this day, when copies will be placed in the hands of Judge Pierrepont. The tatter gentleman declared himself fully satisfied with the arrangement and an- nounced his readiness to go into the argument at the appointed time. AS Was stated inthe HERALD on Sunday, no application will be made to the Court for the release of the gunboats under bonds, Dor has the Spanish government or any of ts Tepresentatives appeared in the matter officially. The District Atvorney has received no further t1- structions from Washington in regard to tho attitude the government has resolved to take in the matter, ‘Ihe application of the Cuban Envoy, Seiior Lemus, to libel the vessels for the reason that they are intended to cruise and comuinic hostili- ties against the subjects, citizens and property of the colony, district or people of Cuba, with whom tne United states are at peace, togetuer with the at nexed ailidgvit and legal opinion, all of witch ap. peared in full in the HERALD of Sunday jast, was Jorwarded to Washington by Judge Wierrepont by Saturday night’s mati. It 1s believed by those in this city, Who claim to be well imtormed on the sub- jest, that this applieation on beualf of the Cubans ‘WI be submitted to thes Cabinei at its reguiar meet- to-aay, and some definite conciusionjarrived at coucerniug it, of which Judge Pierrepont may be informed eituer to-day or w-morrow, by teegraph or post, fully in ime to file an amended lide: con- taining the suggested clause about Cuba, before une case lg reached la the District Court on Thursday next. THE MARY ALLEN ROBBERY. His Female “Pal? Lenves the Court and Robs a Merchant of $600—Jefferson Mare ket Court Mystery—A Racy Narration. The HERALD of Sunday contained the details of the trial, conviction and sentence by the righteous and fearless littie Judge, Guoning s. Bedford, of Mart Allen, one of the most cowardiy and successful panel thieves that prey upon the verdant visitors to Gotham. ‘Tne re- sult of that trial gave assurances to the public that there was still Jaw sulfici2nt to panish evildoers, and the hope that this most cowardly system of rob- bery had received its death blow was revived. On that trial one of the main witnesses against Allen was Emma Reed, alias Wilson, alias Smith, alias Hamilton, who gave her testimony in a plain and straightforward manner. One would suppose that the punishment meted out to her ex- confederate, Allen, would have served as a warning to the fair but frail Emma, bat it appears that i did not have this effect. The day after Alten’s sentence— ou Sunday night—Emma returned to her old profes- sion and committed an offence that, should she be arraigned upon before the City Judge, wii! likely result in her transportation to Sing Sing to keep Mart company. It appears that about nine o'clock on the night in question Emma, whose beauty is not of a mean order, promenaded Broadway. Somewhere near Union square she met a fashionably dressed young meronant of this city, named William Morris, who 1s the head of a family that doats upon his constancy and affection, Emma as she passed smiled coquettishly, looked wistfully and attracted merchant Morris’ notice. That young famuy man applied @ delicately perfumed hanakerchief to lis hips; Emma did ditto. Morris stopped, bowed and smiled; so did Emma. Morris retraced his steps; so did Emma, Morris said “Good evening,’ so did Emma, Under the gasiight a few words were uitered, among which were, “I would not be seen for the world, Iam o governess for Mrs. S——'s family, at the Grand Hotel, but have a friend round in Fourth avenue. If we can got thero unobserved J shall be leased, sir, to accept of your escort.” Poor fool orris hesitated ior @ moment. His family—the Gear wife thet he had recently taken tor better or for worse, his cosey home, friends, &c., all passed in review before his mind, aud fora moment he was convulsed by am anatomical earthquake. The charms of Emma, however, who, in his Insane admiration, was fairer than the ghost of the hills when it moves in & suno noon, over the stience of Morven, were too m Morris’ frau nature, and be accompanied her to a house in Fourth avenue, opposite Stewart's store. What transpired there nad better be left unwritten. There was a room, furniture, high bedsteads, pau- els, sofas, caresses, endearing utterances and romises for the future, About ten o'clock Mr. Wuttam Morris, merchant, temporarily stopping at the Fifth Avenue Hotel, stood under @ gaslight at the corner of Broadway aud Tenth street, and nervously drawing from his inside pocket a wallet, counted the. contents, His eyes opened in astonishment, for six $100 bills were missing, fis pocketbook had been “weeded,!’ to use a police term, and a few amail bills left. Mr. Morris at once hurrted to the hotel, from thence to the Twenty-ninth precinct station house, where he reported his loss. Captain Burden at once detailed officer Martinett to arrest the woman. From the description, Martinett, who was formerly a special officer in the Fourteenth precinct, and familiar with Emma’s tricks, selected her as the party who had robbed Morris, He proceeded down town, arrested her and locked her up the saine night at the West Thirtieth street station house. Mr. Morris was sent for and at once recognized her as the woman he had accompanied home. Between eieven and twelve o’clock yesterday Morning officer Martinett arraigned the pnaoner before Justice Leawith, at Jeiferson Market, when Mr. Morris was presen‘ to prefer a complaint; but the prisoner was remanded to the station house. Emma is now locked up in the Twenty-ninth pre- cinet station house to awalt an examination. ‘The strangest part of the case is that none of the evening papers recorded the circumstances, and that inguiries made at the Fifth Avenue Hotel at eight o'clock last night resuited in the discovery merchant, had paid his bill and left. Should the complainant not appear at Jefferson Market this morning it 18 probable that Kinma Reed will be discharged. ACCIDENTS AND INCIDENTS. Yesterday William Skinner, aged eight years, was run over by @ coach, corner of Sixth avenue and Fiftieth street, of which Martin Welsn was the driver, and slightly myured. He was sent home, No. 111 West Thirty-second street. Daniel Fogerty, of No. 22 Vandewater street, fell off a shed and broke an arm. Michael Nesier, of No. 47 Mott street, bad a leg in- Jured at Bridge street ferry by being caught bevween truck and the boat, Cari Riede, of 32 Clin street, fell overboard at pier 48 Egat river and waa rescued. Richard Hartney, of Ye jl Mulberry street, also took w bath 1m the Hast at pler 39, and was ree IMPORTANT NEWS FROM HAYTIL RACING AT PATERSON, N. J. A rece'came off yesterday afternoon over a heavy track at Paterson, N. J., between Mr. J. Eckerson’s chestuat horse Metaine, by StarjDavis, dam Katonah, five years old, and Mr. Hinchman’s chestnut colt Boaster, by imported Echpse, dam Vanity, four Years old, for $1,000, mile heats, The race wes won by Metairie in two heats. This race was made about a week since, at the time of the sale of Mr. Eckerson’s norses, and from the time of the making of the match until yesterday afternoon, for some reason or other, Boaster had ‘he call in the betting. On Saturday night, at John- Son's pool room, Boaster was the favorite; on the cars on the way to the race course Boaster still had the cali, althougn the betting became even before reaching Paterson, and not until Mr. Somerindyke began selling on the course did Metairie come to be the favorite. The latter increased in price gradually an the ealed progressed, untll at the time the horses Were saudled he sold for about $100 to $60, The tart for the race was @ most unfortunate one, the trainer of Boaster having bim by the head leading him down the track when the m tapped for a o;” but the trainer held on to the horse, and did not turn tim about until Metairie was fifty yards pet G The horse was then but bis chances for the heat were entirely gone, and it was the gen- eral belief that the race was over, as every person eu that Boaster would be distanced. He was at least seventy yards bent: the half-mile pole, Continued Successes of tho Revolutionary Forces. © nnn News of the Capture of Salnave’s Navy. THE FALL OF CAPE HAYTIEN. From @ gentleman who arrived in this city yester- day from St. Marc, on board the schooner isaso Oliver, we obtain the following news of the progress of the revolution in Hayt:. Salnavo’s Cause Waning—Success of the Revo- lutioniste—Port au Prince to be Attacked Salnave’s Determination te Defend the City to the Last—Fall of Capo Haytien—Tho Haytien Navy Captured. Sv. MARO, Nov, 15, 1869. News was received in this city yesterday of the aiong at a fine pace around the lower vurn | sinking of the little seamer Artibdnite, formerly and he sha! hi ing : Keeping ap d Br eames sg oe used ag a transport, and the capture of the schooner Saas sole vou beg nae teint Mt stand, was | Fleur de Marie, by the Haytien steamer Terror, alias oa! ry @ dozen jetairie was taken Picquoit, the last acquisition of Salnave. Both ves- in ‘When it was discovered that he could not distance jer. The forcing of Boaster | sls, however, had time to unload their cargoes and th out the mule had “cooked his bacon,” al- | to land their crews in safety. some of hie most sanguine backers wero willing to lay twenty-five against one hundred that he would yet win the race. In the second heat Boaster had the beat of the send-o1f, and his jockey, in his endeavor to take the pole, ran it Me- tairie on the wuro, ‘This collwion, however, was slight, and did not throw either of the horses out of their stride, and they ran to the quarter pole with Metairie on tue lead, with Boaster at his flanks. Going down the backstretch Hoaster outpaced Me- Sairie and showed ip front at we half-mile pole, and on the lower turn was nearly two lengths in front. ‘The backers of Boaster gave vent to their feelings by rousing shouts for a moment or two; but the noise grew ‘t as the horses approached the three-quarter pole, Here Boaster began to show signals of distress, and Metairie was closing on him at every stride, As they swung into ‘tne homestretch there was little difference between them; bat aa id got iuvo straight work Metairie came away from Koaaver, and running strong passed under the string @ winner of the heat and race by nearly tree leugtis in 1:53 The following is a SUMMARY. PATERSON RACE TRACK, November 20.—Match, In the afternoon of yesterday @ schooner brig from Port au Prince for New York came into this bay and landed six young men that had run away from Sainave. ‘These young men confirm the “‘pro- munciamento” of Victorin Chevalier against Sal- Dave, and also that of his joining the revo- lutionista, with all the forces uhder him. As you already know, this isthe general who surren- dered the town of Gonaives to the revolutionary party two months ago, After this he was appointed by Sainave to the command of the forces besleg- ing Jacmel, which position he occupied until the 4th of November, when he ylelded to the revolu- tion and deciared himself against Salnave. He was received with enthasiasm in Jacmel, and the day after, tne 6th, taking with him all the pickets that had surrounded Jacmel for fourteen months, he marched on to Port au Prince, im company with General Vil Lubin, ® warm partisan of Sal- $1,000; $200 added by the association; mile heats. is J. Eckerson nawed ch. bh. Metairie, by Star _ nave, Victorin, on advancing, sent. Gen- Davis, dam Katonab, § years old, 108 Ibs..... 1 1 | eral Lubin forward, with 200 men, in J. Hinchman named ch. c, Boaster, by imported Eciipse, dam Vanity, 4 years old, lid lbs..... 2 2 ‘Tume—Firet heat not taken; second heat, 1:63. order to take possession of Bizoton (a fort near Pors au Prince) in the name of the revolution, But Vil Lubin, having taken possession of the fort in fact, continued for Port au Prince, and thus divulged the plan of action to Sainave, Victorin, | the defection of Vil Lubin, re- treated to Liogané, and was marching against Petit Goave and Grand Goave, there to join the rebel army from the south, when both armies will resume their march on to Port au Prince. Salnave is making preparations to receive his foes, and is fortifying the town. He Js intreached in his palace, and swears that he will play his Jast card there, and, sooner than surrender, he will blow up the city and burn it to ashes before he abandons his seat of government. This afternoon the news of the taking of Cape Haytien and the capture of the war vessels Alexan- der Petion, Salnave and Rouwiloue, in the port of Cape Haytien, was received. So that at present Sal- nave has nothing remaining for bim beionging to ine republic of Haytl, except the arrondissement and the city of vort ay Prince. THE RAM ATLANTA, THE FRAUDS OF CUSTOM HOUSE WEIGHERS, The Case of John L. Barton Before Commis- sioner Osborn—Rich Kevelations Promised Motion for an Increase of Bail. ‘The arrest of Mr. John L. Barton, a Custom House broker, on last Friday afternoon, will not bave been forgotten by the public. The charge against him 1s that he bribed two Custom House weighers, Carr and Van Winkle, paying to the former $800 and to the latter $1,600 to induce them to return two car- goes of coffee, imported by Messrs. Dymond & Lally, of 100 Water strect, as being of less weight than they actually were, with intent to defraud the government of the amount of duty payable on the excess of weight thas fraudulently concealed. ‘This 1s the charge as it appears from the afidavits on which the warrant was issued, and which bas already been published in the HERALD. Yesterday afternoon, at two o’clock, Mr. A. H. Purdy, Assistant United States District Attorney, appeared before Commissioner Osborn to oppose the application of the defendant’s coansel for an ad- journment of the examination and to a speedy determination of the case. Mr. Barton’s atwrney thought that, a3 this was stated to be an important case, 1t Was Dot too much for him to ask for a week's delay to enable him and bis client to prepare for the defence, and especially as he was engaged in other liugations every day during the present week. ~* Mr. Purdy, on benalf of the government, replied that the prosecution did not intend to have this case dragged along trom week to week; the matter had gone to the public and the people expect that a speedy investigation will be had, in order that these sysiematic frauds may be probed to the botiom, ‘This was one of those cases In which the disclosures will be both rich and racy, and such a system of fraud upon the revenue will be developed as will startie the uninitiated. The government was ready With its proofs, and would urge the Commissioner to take up the case ut us early & day as was ible. Mr. Purdy aiso stated that in his opinion tne bait under which the defendayt was at large, $7,000, was not sufiicient to secure bib appearance for exumina- tion and trial, and he would move the Commussioner for an order to increase the amount. Commissioner Osborn stated that his general prac- tice was to give the government from twenty-four to iorty-eight huurs ag the largest limit within which vw produce the evidence it may nave against the person charged with an offence, and after that the defendant may apply for an adjournment. The defendant's counsel—An adjournment for one Week 1s certainly not an extraordinary time to ask. Agaistant District Attorney Purdy—The govern- ment is ready to go on. It will not take more than One session, and Lot over two hours, to put in all the evidence on the part of the prosecution. The counsel for the defendant may cross-examine tue witnesses, and then ask for ume to bring forward the testimony for tue defence. Alter some jurther skirmishing between counsel the hearing was peremptorily set down for ‘Thurs- day next, at ten o’clock in the forenoon, and the Commissioner said that after hearing the evidence for the prosecution he would decide the motion of Mr. Purdy for an Increase of bat!. In other cases of fraud m the Custom House lately developed no legal proceedings were msttuted yesterday, Her Departure for Hayti. The late rebel steam ram Atlanta, which was cap- tured in Wilmington river in June, 1863, by the monitors Weehawken and Nahant, had, from the close of the war to May last, lald at League Island, in the Delaware river. She was then bought from the United States by Sidney Oacsmich, a lawyer of this city, and agent of the Haytien government, who, in the days of the Emperor Soulougue, had been United States Consul at Port au Prince. The mame of the purchaser was not known, and she was mysteriously towed to the suipyard of Neafle & Levy, 10 Philadelphia, without. any notice being ven to that firm or any ownership acknowledged. ‘nis excited considerable remark, and the suppo- gition arose that the vessel was Intended for the Cuban insurgents. Mr. Uaksmitn finally ordered the vesse! prepared for sea, and placed on board two 100-pound and two 150-pound rifled cannon, to- gether with a large quantity of small arms, pro- visl ammunition and @ crew of seventy-five men, hen ready to sail she was arrested on the 8th inst by order of the governmont, but on satisfaction being given that her destination was Hay she was liberated, aud will sail {rom Philadel- phia about noon to-morrow, December 1, com- manded by Rear Admiral F. tums, of the Haytien Navy. Mr. Oakenith will accompany her. This gen- ieman, it is stated, bas been strongly urged by the agents of the Haytien inaurrectionists to sell them the vessel at an advance of $100,000 in gold On the price paid, and every endeavor has been used by them to prevent her departure. ‘The Atlanta was built in the Clyde for blockade running, aud was first named the Fingal. She evaded the Union steamers and reached Savannar in September, 1861, with a large quantity of arms and supplies for the Confederates, In January, 1862. she attempted to leave jor England witn 1,000 bales of cot- ton, but being frustrated by the gunboat Wissahickon she returned, and after unloading was converted into an iron-clad, with a ram twenty feet in length. Passing through St. Augustine’s creek she arrived in Wilmington river, omly to be captured, An im- tame amount of arms and supplies were found on board. AFFAIRS AT THE SUB-TREASURY. Contrary to all expectation Senator Folger, the new Assistant Treasurer, has not made any removals or appointments, and probably will not, at least for political reasons. He rightly considers that it 18 much better to bear the importunities of hungry office-seekere and the complaints of their political friends than to remove com- CHANUKAH, Beginning of the Festival ef the Dedication of the Temple. The Hebrew synagogues of this city, especially those of the orthodox wing, were crowded last even- petent clerks and replace them by others less | ing with “the chosen people of Israe),’? flocking able to discifarge the important duties of the depart- | thither to render thanks and pratses to tne Lord, ment. it is quite possible, however, that some | wno, through his servants Matathias and Judas changes may be made when the affairs of the Trea- sury are thoroughly overhauled aud the Senator is enabled to see whit improvements are necessary for the more easy working of the financial machine under bis control. The work of counting the money in the vauits of the Sub-Sreasury is rapidly ap- proaching completion. Over — $39,090,' lod Maccabens, 2,034 years ago, freed their forefathers In Palestine from the oppression and persecution which King Antiochus, of Syria, had been exercis- ing over them for the full period of three years. The restoration of their ancient ‘already been counted, and it is expected that all w! befiushed by Woduesday. The, magnitude of the | @#tD, the liberty they regained to offer work may be inferred from the fact that since the | sacrifice to their God, the re-establishment arrival of the Treasury employés trom Washington who were specially detailed tor the work ten mii- lions of coin per day has been the average count. of their worahip as ordained by the Jaw and the prophets, the purification of the Temple of Solomon trom pollution and pagan profanation and its re- dedication to the service of the “God of Israel,” all these eventul historical occarrences are gratefuily re- membered by the Jews. in obedience to the decres of Judas Maccabeus and of the ruling people of Judea of his time the feast of Chanukah has ever since been observed throughout the world wherever THE LATE Meoting of Officers of the Public Schools. A meeting of the Trustees und members of the 8 W. SETON. there was @ Jewish family or community. Tne late Public School Society, tne Commissioners and | synagogues inst evening were splendidly ex-Commissioners of the Board of Education, the Henne on ore P with bard and et Inspectors, Trustees, teachers and former pupiis of pane a WRK cannine: bag aut - <4 the common schools, was held yesterday afternoon in Grammar School building No. 60, t6 take action on the recent decease of Samuel W. Seton, who had for over forty years been prominently connected with the system of public instruction im New York. Mr. George T. Trimble presided and Mr, N, P. Beers was elected secretary of the meeting. Addresses lighted with etch tor ceremonies and recitations, in remembrauce of the introduction of candlesticks ‘and lights into the Temple at Jerusalem at the time Of its rededication by Judas Maccabeus, in the year 166 before Christ and in tae 145th year of the reign of the Seleucid in Syria. Chapters from the book of the Maccabees were reaa, detailing the history of the three memorabie years during which the ‘upon the eminent qualities and beneficent iavora of | Jews suifered so much from King Antiochus the deceased were deliverea by Peter Cooper, James | on account of their faith an worship, Lucas, Rev. Dr, Plummer, D. B. Scott, Henry Riddle, | and the revolutionary uprising of Matathias inst the persecutor and his satraps a the many victories won by Judas Maccabeus over them. Thanks were said, hymns, psalms and praises R. L, Larremore and L. W. Hazleton, and @ resolu- tion was adopted for the appointment of @ commit- tee to receive contribations for a fund to place an appropriate tablet upon the grave of the deceased. were sung, and the occasion generally celebrated follow! Ii with huarity publicly in the synagogues as adopted" ne: A SRO eR also rv ly wii the family circle. Tl being put asexpi-festival, thas is, one not com- manded by the law and covenant of Moses, the daily avocations of life are not suspended as-on the Sab- bath, but religious exercises in the synagogues and convivial meetings of rejoicing are continued tilt the eighth day from and after the 25th day of the month of Kisiev or the 30th of November. Resolved, That hy the death of Samuel W. Seton the mem- bere of the late Public School Fociety lose one of their most honored and most useful associates, and that they bear testi- mony to the noble unselfishness of his character and to his earnest labors for the education of youth, eapectaliy for the outcast and neglected. Resolved, That the puplle of the schools of the Public School Society and of the Board of ducation, who have jong passed into active life, gratefully acknowledge their debt of obligation to the kind-hearted friend whose long and aotive life was fo entirely devoted to themsvives and to their chil- Grew, aud that they cherish the remembrance of his xenial face and Wise and impressive counsel among the most pieas- ng memories of childnood. ived, 16 DASTAFDLY ASSAULT, nm Officer Badly Wounded. Between six and seven o'clock last evening officer Flock, of the Sixteenth precinct, arrested a fellow in the act of stealing some goods from the store ‘ty of New York reve- gent aympathy 60 long rated friend and Superintendent for themselves and their pupiia, ancthat they desire to pay their tribute of respeet ‘and gratitude for the benefite they have so | of Mr. Greenwald, No. 268 Seventh ave- Abundanuly received from his failierly ndvice and rich experience. nue. While conveying his charge to the Resolved, ‘That in Samuel W. Seton the City Superin. | West Twentieth street station nouse, ne was set tendeat!s Department has jost one who was for many years | upon by some of the numerous gangs of thieves who ie Nestor of the system, and that we not only age oped _ infest the Seventh avenue, an attempt made to res- ae ane rer Saal cue the prisoner, and a slower of stones huried at religtons ‘aevelopengst of re tor vara Hin 33 igh fond him. One of the misaties struck lim on the neck and inflicted injuries of sach a character tat he had to be carried to the station house. Flock was at- tended by Police Surgeons Van Buren and Jones, Who expressed the belief that he wili recover. Tho prisoner, as well as his rescuers, escaped and are till at large, among distingiished educators. Reatived feat ine Poure of Education and the people of the city of New York have lost a jong tried and useful ofoer, and | the schools of the people under N prepent Bor ir predecessors, a8 well as under the Pubile School ly indebted to bie faithful and well directed