The New York Herald Newspaper, December 16, 1869, Page 8

UNITED STATES SUPREME COURT Federal Taxation of Issues of State Banks. The Constitutionality of State Banks Un- questioned—Attempt ef Government to Tax Them Out of Existence—Dis- seuting Opinion of Judges Nelson and Davis. WASHINGTON, Deo. 15, 1869, No, 30, fe President, Directors and Company oF tre Veazie Bark vs. Jereniah Fenno, Couector of dnternal Revenue—Dissentiny Opinion by Mr. Jus- fice Nelson, Concurred in by Mr. Justice Davis.— (aim unavle to concur ip the gpinioa of a majority of she courtan this case, The Veazie Bank was In- torporated by the Legislature of the Stave of Maine Am 1843, with a capital of $200,000, aud was invested With the customary powers of a banking iDstitution, Ang among others (he power of receiving deposits, discounung paper and issuing notes or bills for cHr- culation, The constiluuional sutuority of the State tw create these imstiiutions and to invest Shem with full bauking powers is hardly denied; but may be useful Lo recur fora fev momeuts to the source of tuis guthonmty, The tenth amendments the consu Suton Is as Lollows:— The powers not delegated to the Uni station, uer prokibited oy It to the States are Biaces respectively, or to the people, a looking into the constitution It will be found that there 18 no clause or provision which, either expressly or by reasouable implication, delegates Unis power to the fedeyal government which orlgin- aly Lelonged to the States, nor any when prohibited to chem. In the discussions on the subject of the creauion of the first bank of the United States in tne Arst Congress aud in the Cabinet of Wasbingion in 1799 and 1791, no question was made as (o the con- Wawonality Of the State banks. The only doupt that existed and which divided the opinion of whe Most eminent statesmen of the day, Many of whom Bad just largely participated ta the formation of tie consiutuGon of the governimeut whicu they were ten engaged in organizing was whether or hOt COrgress possessed a concurrent power to m- corporate @ banking Institution of the United States. Mr, Hamilton in lus celebrated report on a national Dauk Lo the House of Representatives, discussed at rome length the question whether or not tt wo be expedient vO substitute the Bank of North America, jocated in Philadg!piia, aud which had pied @ charter from the Legislature of Pennsyl. Vauia. in the place of organizing a new bank, Aud, B.tUUUgu Le Inaly Came to tae couclusion bo argau £¢ #UOW Ove, Ubere is Hot a suggesuion oF intina- on as Lo Like Hlegauly Or UnCOUsUCUuOnAaity Of this State Lauk. ‘The act dacorporaumg this bank, passed Feoruary 25, 1791, prouivited tue e@siadl. iment of acy ower by Congress dumng its charter, bur Suid DOTMOg HS Lo tue Slate banks, A like pronibi- Heb Is Conisiaed in tue act incorporating Wwe bank Of the Culied states of isid, The cousuluuonalily of 3 bank incorporated by Congress was Grst settied by ue judgement of bits Court, ia MeLullocks Vs. ihe tes by the Fed ESA aE Ae Site of Maryland, m lsiv. (4 Wheaton, p. 516.) In tia’ case bola tae counsel and the Court recognize Tuc legal ty und Consmtunena! y Of DAaks Lacorpor Bud by toe ptates. The cous@iutiouaity of ihe Back Of tue Uuived States Was again discussed, and deowed In Uke case of Osborm va United staves und 4m couMecwou Wie rgded and deciied a polut im the case of States Bava vs. The Planters’ Bank of Hoa Was common to vuli cases, Tue sou Was Wheiper tie Circuit Cours of tae ed “tates had jurisdic.ion of a suit brought vy 4 ptales bunk aygaius' ‘auiers’ Kank Back—(9 Wheaton, p, 743 Tis Was © Georgia, Inourpuraved” by that State, aud io Whleg (ho State Was a stockuoluer? (Wend. pp. 804, Ws., Tee Court beid 19 bot chses tat 10 Dad. Dimes b€ Adoption of the ConsUtUON down to the Preseut wel Of Congress, aud the Case BLW delore on in Congress and in tue ria has ether the Siate banks were coustiic- iutious, bul wiether Congress bad we }oWer couseired on tt to establish @ national bad AS We Lave Said Liat question Was ciosed byt Jigupeat of tus court a McUULO 8. Lhe State Maryland, At the time of the adoption o1 the. coi BU.cutivu there were [var Dtale banks In existence Bad Lo Operatiog, One In each of the Staves of Penn- ayivauia, New York, Mussuctusetts aud Maryland. Toe one mw Phdadclpiia hud been originaiiy co Wied by the comicderalion, but subsequently took a Charley uader tie 2taie of Pennsylvauia, Tuc irauiers ©. ike Constit uerefore faraillar wit Lose Stave bauk { credit, which were Dilis issue @.y on its On Credii and inteuded Lo carreniey, redeemabie at @ tucure day. ‘Ta ‘ the people aguinst the evil of this pracuive 0 tare governwents by the provision in tue we in of the Urst artice—“that no site roles bills of credit,” ana 1 the same secuon Cuscled against any avuse of pauper money oi the Diwie banss in, the following Words:—"Nor make %.) Uaug but gold ana silver coin a vender m pay- moot debis,? Ag bilis Of creait were tus en- Ui) abolished the paper mouey Ol the State banks Was the Ou curreucy of circulating mediuin vo U Gaiyprolibitiod could have tad any applica. hou, wud Was the ouly curreacy, except goid wal silver, left to the Sta the promibiuon tos ivom’ tals paper ali coercive circulation, Mul esl 10 co Stand wione upon the cred tof the baLK, it was no longer irredeemabie currency, as the Uauks Were under ooligalion—and including tre- Goeuly thet of its stocKbolcers—to redeem their paver in circulation in goid ov sliver at the counter, duu State banks Were jest in this condition by te cousuiution, uuloucued by any other provision. As & Couseyuence Wey Were gradually estadiisied in ivst oF al Of Lie Staies, aud had not been eu- croached Upon or legisisied against or in any other Way ulveriered wita by acts of Congress for more than Uiree-quariers of a ceatury—{rom 1787 to Isdd. butim addition to tue avove recoguition of the S.nte banks We question of ther cousticutionaity Calne directly before ts court m the case of brniscol Ye. ile Bunk of tae Commonuweait of Kentucky (11 Pe. Lhe Cause Was Wost eluborate.y uiscussed boul vy the counsel and the court. ‘Tne Court after iudest cousiderayon geld that the States pos- ressed the power Ww grant coarters tu Stave banks; tual (he power WAS Incident tu KOVEreIgnty; aud Ula’ Giere was no limitation jn the iederai constivu- ou va ts exerci#e by tue States. ‘The Court ob served that tae Bank of North America, of Massa- Cuccetis, and some others, were in operation at tne tive 0: (be aduption of the copsUtntion; aud, that it could not Le supposed the notes of tuese banks were Jute. dea W be lubibited by that mstrument, or taat Lua tiey Were Considered as bills Of crenit within iis inewoing. All tue Judges concurred in this judg- went, except Mr, Justice Story. ‘ine deetsion in this case was affirmed in Woodral! vs, Trapnali (10 How, 2v5), in Darriugtop vs, Tue Bank of Alabama (1é 10. 12), auc La Curran va State of Arkansas (1510. S17). Cuaucevor Keot opserves that Mr. Jusuice Siory 1D his Commentaries On Lhe Consiitution (vol. 4, Pp. Av), seeins to be Of Opinion that independent of the long cobunued practice jrom the ume of the agop- liou of the cousuituiion the States would not, upon @ sound construction ol the coustitution, if tno qUeston Was res iniegra, be authorized to incorpo iwle bauks, With @ power vo circulate bank paper as currency, luasmuch as they are expressly probibiled {row coming money. He cites tue opinion of Mr. Weuster, of the Senate of the United states, and of Ar. Leaver, formeriy Secretary of War, on the sau side, Bul the Chancelior opserves the eaual, i nob tie greater, authoriiy of Mr. fHasntiton, the eurliesi Secretary of te Vreasury, may be ‘cited in support of a different opinion, and tbe contemporary sense and unvorm practace of the nation are aecisive of the question, Me iurther —The probibltoa of biils of Credit doee not exteud to bills emitted by Individuals, singiy or col- lectiveiy, whether associated auder a privue agree- ment ior barking pnrpuses, as was the co under the Bauk of New Yorx prior to tts earliest coarver, Which was in ¢he wipier of 1791; or, acting under a Cuarier Of incorporation, 60 long ad the State leuds Lot its credit. or obligation or caercton to auatain t.ccircuiauon. In tue case of Briscoe va. the Hank oi the Commonweain of Kentucky, he observes, “vhis question wus put at rest by the opinion of the Court; that there was no limitation in te conaittn- Uon un the power of the States to Incorporate banks and these notes were not wtended nor were © sidered a# bills of credit.” (Keut’a Com, p. $0; arg. nove ot te .) The consututional power of tt eateblished by :ucontrovertiule a State banking insututions, she next gueation i whether or not the tax In question can be upheld, cousisvent witb tie enjoyment of this power, The act of Congress of Juiy 13, 186 (4, Stat. at large 146, 8. 0), deciares thet the State banks abvall pay vea per cont on the amount of their notes or the notes of any person or otuer Stace banks used for cirealatiou 40d paid out by Uiem alter the lst of Augusi, i506. 1B AGaition Lo Uhis tax Where is algo a tax Of five per cent per auauin wuon all dividends to stockbuld- ers (lo VP. soy 120), Gesdes @ duty of ene-twenty- Sourth of oue per cent monthly upon all deposits aed [he same wouthly duty upon the capifail of the Dawk (ib. 110), This makes an aggregate of Bole sixteen per cent imposed annually upor these bauks. It will be observed that the tax of ten per cent upon the biils in circulation 18 not @ tax mn the property of the insticutions. The bills 1a eUialdon are not the property but the debts of thie bank, and in Weir account of depts and credits a iaced tothe debit side. Certainly no government as yet made the discovery of taxing both sides of ths Account—debit and credit—asy tbe property of a taxabie person or corporation. If botb these Items could be made avaliable for this purpose o heavy national debt need not create any very great alarm, either as it respects its pressure on the indnsiry of tue country jor the time beng or of ite possivie duration.” The imposition Uvon the banks cannot be Goacdt aa @ wx upon reperty, neither O0U d It uave Leen ro intended. Jb is Hupiy & moce tates being thas horuy to creale NEW YORK HERALD. THUR wnien wers oF faculties of the States to in- | tne pramntii? here without gtving an opportunity to poke ently mae gee, laxalon, abd be heard by the judioial trrounals, 1 bs e bill of ‘Which, if matntaimable, may anuibilate Lbese powers. | aitaiuder, and also operaces to Hupair toe ouligation No person qu-stions the anuorky of Congress to | of his contract with bis lessor, and is there! ore tax the property of the banks aud of all otner cor- | inoperative and vou. The decision in or L Porate podies of a Siate (he sane as Lal of ind | Cumming va Tae State of Missourt 1s be. i, Viduats. ‘Tey are artiltcial bodies, represeuting toe | authority by the defendant as showing that tis = BS8OCluled PecuMiAry EAS Of Peal PersoaS, WHICH — Cisiod 1S NOL EX Pos! sACLO Ba 1s operation Not d . Constinace their business capital, and ie property — of accunder because no pRotanmens is show d. 0 {us vested 18 Open and suoect WO AXALON WAL | take Away a rigneof action ts LOL Lo tamtet & puns All the property, reai and pertousl, of the Suite. A ishinent, J. C. Moody, J. 2 Hudeins and sames tax upon tuts property, aad wien by the cousiata- Tuxhes for Plainuit m ‘error; M. Bigit aud the tion is fo be uniforia, adords full seope Lo the LODE —torney Geueral for defendant powers 0. We Langeeg Ha sarong Lng Peete ae -—- — _ with the power of the Seaigs to Create the Danis, x g eee aoe odsoencis ineony suet ostaxuon | REAL ESTATES MATLERS. by ims government to WICK Lhese WShiGUORs are | ~ ene babies | Sate of the New York Hotel Property. na be rt of this opinion, s POT dnt Lehi was not surcren: The feature of the real estate market yesterday dered lo the federal povernment, VUt reserved Co LLC | was the sale of the property known as the New York pre iggetseder age nh ag ona sell PTO | Hotel, situaied on Broadway, and occupying he en: fay enetoachinent upon tius Tike. | AS ww | thre biock Letweem Washington and Wavericy places. tie powers thus reserved the Stes are as Su- | Quis property ts too well known te need description, preme as belore they entered inv the Union and are ‘av (ts immense ortek front has ‘so long cast a dark eu ed 10 the unrestraimed exercise @f tbeul. ‘Toe ¥ beth question as tu the taxation of tae powers aud facul- | $I adow across Broadway, causing the passer by bes pelouging 4 yoverninents y nat nay De | Jeeta sudden chui as he came out of the light aud ‘court, ‘he Londs of the lederal geveruinent he . coat held to be exempt from State taxation. Way ? | Drighiness of tess gloomy looktng-bulldings al Because they Were issued unaer the power ip cle | the same thoroughfare, and walked beneath its hig constitution t borrow money, Bad SR aS POR projecting eaves; that it 1s familar not alone to our be 8 tax Upon the powers aad ks tere san olor | own clttzens bus to nearly everybody of the preveut lumitation ty the exvent pr sd aa age ge generation who has ever been to New York, 1s en to borrow might be destroviris novws, or | sable, however, ta 118 greatest fault, and belongs to lastance | of the United | ohites vai issued | tie age Of Construction, atherwise tt a well aud aub= eget eee one a ula of creat, | Slaatially buuit, end is adne five story building, wits AS NO express Power ts given Mm tue CousHALGED, they | & frontaxe ot 1s4 cry pie 2 a ead i re exept Ifuil state taxation or & like reasoa, aa | on Wavericy place, 148 feeb 2 Inches on Washington iu the case of governiwent bonds. And We learn | place. ani 91 feet ¥ inches on Mercer, atrect. | The row We opinion of (46 Court in tis case Ulat cos ground floor of tne Kone way rent 18 oceup eos Hep turtucr is tacen, aud tat Ws, tat tue noces of | skies the main talway. Dy alk stores, which st the the national banks aro exeInpt as bliis of credit | Preveut ttnne rent as (ollowa:—One at $8,600 one A issiied mudirectly vy the government, and 16 foLows, | $4000 + fe the Soak Gt aetecieg by tae purse, Luin this iat the banas used as inscra- | The remain sod’ ri je .. CUD i eo! ts Uo issue and pul in cheniauon tuexe Hows are | Hotel, the promen cote Ha bes Jira wr tage 5 aisoexempt. Weare not compiaintog ol tis. Gur | Bregue bane MM a 1 $ NU Oa. nals: was purpose 18 {0 SOW LOW AUMApOrtant 1b 1s Lo the proper | leases expire May 1, . eae Prvection of ue reserved riguia of the States tuat | Wade under a decree of the, supreme Court thelr powers aud prerogauves should be exempt | 12 partition. by EH. Ludlow oy ander, the fesin federa: taxation und how fatal to their exiny | direction ox B, Raudoiph Robinson, referee, aud eace if permitted. Well aiteuded by represeniauive capitalists; AcORE lis true tuat the present decision strikes only at | others, A. i. Siowart, ere 5S. Higgins, J. B Ping. the power to create banks; bus vo persva can fail to | #0n, Henry Parish. N.S. Steinberger ana Georgs S see Uiat the principle involved aecis tie power to Lake. As mi re aacne ry the = mee e ne : Se create avy otlier Gescripion of corporauons, such | 10g the value and ex! on ‘a mem to ee oe as rulroads, turnpikes, manufacturiug companies | Was not very aulinated, Mr. Stowart being tie p o and overs, Sais WXation OF We powers aud Tacul- | CHPal competiter avalos the helrs, but leavin, oO: ties of the State governments, wiuch are ¢ some time belore tie Latter, Who finally bec the tueir sovereigniies and to ti 58, BE $105,000, 1D. the lowing proj pendent management and sduiiuish Te en ae eRe cs literbal affairs, 18, for tne first Wine, advanced as a 520; Henry Morgan, | ra vacated a attrioute of federal authority, It tuds no sapport Charles Morgan, tay ag eg ee of contiaence In tie early hiscory of tus goveruimeut, stachenye spo i-20; Matthew Morgan, 1-20; —— q > m LeIEN WhO 5 founded Ie These statecmenscrupuiousiy abstained | _ Other sales of elty property were likewise made at Hoi any eneroacament upon the reserved rights of | the Exchanze saiesioou yeateray; particu ars of the States, and within these lumts sustainea aad | Whicu, wito Wus, are given oelow:— supported them as suvereign States. NEW YORM PROPERTY -DY BE. H. LUDLOW AND 00. We say nothing as to We purpose of this heavy tax | The buildings and plot of ground known as ihe New of some sixteen per cent per aunuw upon the banks, vous elds TT I iris Grrpset ates ten of Which We cangot but regard astimposed upon | OT Nebcer st Seen 1,095,000 the power of the piate to create them, Whouga tue ‘EY JANES Me MILLER. purpose ts scarcely Concedled, 10 the opliiud Of Ge | 4 story brick house aud lot No 49 Heary st, 15 ft from court—numely, to encourage the nauunul banks. diar ket st, ot Mak 0... 0,700 It is suiticient te add tual the purdea oF the tax, | Blots ws Broadway, cor Laie bap hated winle i has encouraged these Lauks, las proved | ¥lcts adjoining above, {roating om Broatway: fatal vo the existence uf thoxe of tue Sates; and if each lot $5x100... Nat cs cattegaa we tliverty lo judge of the purpose of an act ena araacans tt quences Lan lias folowed if, 161s Dol, | House and lot, ns 100i et, 425 {te of bth av, lot 20x periaps, going too lar to say Wat these consequences SIE S2ccet 15,400 were inteaued. Miscolluneous Case No. 22. The United Slates, Plaintiff, vs. 0, Q. Keeler emer opantine 6 al. —Certifiodtes of Division in Opuiton Betroeen he New York City. Judges af the Circuit Court Jor the District af North ity wad 1434 at, n w corner, 375x99.10 (mortgaxe Carolina.—This was an action of dedt against the | Causon st. es, 1W fhe of Rivington At, 1Uxlv0. x defendant and Whe sureties on bis ollleial ponds as | Uocrex st ws 75(C nor Stanton at, 213100 (Vecembe Postmaster at Salem, N. ©. The execu- | Goerck st, wa, lo tion of the bond was admitted, and the | yeserand Norfolk ata, ne corner, 25%) 00 defence was that the ate claimed ($330 05) Beesie te epee greeters pee 2, had been paid over by Keeler to ooe Clemmons, | Madison #t, ns, 3112 fe of s el , im April, os, under Tne ioliowing circumstances, | Reade ne titer prin win Toute Wud wien are agreed to by the government twot av i breaking O06 of the late rebellion tie Um 06 fe of av B, Baxi. Were indgoled to Cleamous lor postal service un a | Uta st, 6 3, 51g tte of ay 1, 20x103. f suin ex: if LUIS SUM In Lis hands besonging to | 4:th at, ns, 481.3 it 6 of 10th ay, 37.6104 . wie goverameat, and ints tndebieliness was never mu 18 ee lsd tee A paid to Lim, In Augusi, 186i, the Congress of tid yin th wot 1th av, 72,3x80x71. } Con.ederate Stated passed an act appropriaung Cue | Tixth et, ns, LOU (te of dd av, 18.8alW, house and iol Dalwuces at the dave Of the Commencinent of osu Db av and Sed BL, we corner, 2ox1WU.5, qc. Ues in the hanas of the several 1ederad postinaster# | 1st av, @ a, 68 (te of 19h at, 38x Wao resided Within 2he Ceniederate liaus to the pro | Bd ay, w sy 40.2 Add wt ee staat i rata payment ol cikims agaiust the Uaited staies | 8 av Ws botw hand bob ats, Nos 615, 20x12) for postal service. Phis mguey was handed over to ae : pete CieuuORs Under that aw and Clemmons gave is 5 receipt tueretor, It 1s agmutted that Ciearmons Was f Ue sederal mail contractor to whoia the postmaster wl Salem Was required to pay Over the net proveous ly Of ius oflice quarteriy, upod Lie production py Cleu 3 mous of proper Orders and receipts fou Vost OMlee Deparuacnt, it is aiso adaitted that tu 0 Coufederate gulhorities had force sudicient throug Out the year 1842 to execute its orders, and did e 126, 2 years, per year h corer, store, cc, b years, Der Kings County. WROOKLY Broadway and Georgla av, 8 w corner, 150x100, Broadway and Kosciusko er, Laas force its order thal portion of the State waere Salem was lo and that no protection was atorded to citize f that part of the State by te eroment Of the United Siates during tiat period. udwuts in the court | Upou this state of facts che del below contended iat Ley weie relieved from | Court aod Leouard ale, 4 w corer, 1) x2) a hiaoulity, and upon tue arguinent tue iollowing ns or 165 ft wy Of Hoyt eo, 20x100 * Boo ie beideoensacew a 5 fe of Pearl wt, WLx27.6x2x 4x71 xl <2 Front wt, 8 8, 77 {te of Pearl wt, #0xi00 Herkimer st, n 8, 40 (t w of Albany av, uisen and Clinton sta, aw corner, Whether, notwithstanding the payment of the eum claimed by the pinintuifs, as stated in the case agreed, the Uniied Siutes is nut How eutitied to recover. On this quesuou tae Judges were divided tn | * jon aud che case Was certilied np, and lt is wow Sthomitted on the pari of the goverament that Keen- jer Was able to the United States for the public moneys that came into his hands, not as buliee, but on bis official bovd, and nothing but the transfer or payment thereof, pursuant to the orders of the Post- laster General or other competent authority, couid @ him trom }iwbiity. Public policy requires ry depositary of the pubile moaey sual b held to @ strict Accountability, Due act of the Con- lederate States sequesiraling or coniiscaung te wlanee due, and the orders obeyed, vy Keehier nder that act, aid not discharge tne wona, for a loss occasioned py ves mor OF irresisuble force 1s nob witain tie condition of toe bond, does not reveve from its periormance, and, therefore, consvituies no defence to a0 action thereon. Congress tas taken tuis view In making provision for the reiief of loyal postuasters wien they bave been robbed ol ihe public mouey beld by them, withoat their defauli or hegligence, by the Confederate forces or rebel guer- wxi0 edge at, #e 8, With e or V Shatter &, 08, B) {ve of Broadwa: Union st, § 8, Bi ee, #9, 2 Bish 6 Bd aby Bd at, ws, 88 ftw of th a id st, ws, 198 ft w of 7th avy 8d st and 7th ay, # w corne: 8d pias 04.2 fe w of Tit et, ‘Atiantic av, ® 8, 65 1b w of Brooklyh av, Sox10 Norman ay, 8#, $4 ft eof Oakland st, 19x Bnediker av, ws, 10 fen of Liberty av, 175: Brooklyn and Rockaway Beach Rgtiroad. of Liberty av, 17200, St Marks av, as, div (0 ¢ of Grand share daaheavenases & St Marka ay, o wi, 20x10. Queens County ills. Canse suumitted on prinied point by the |, sie ro ae ; Attomey General and his assistaut, Mr. Field, no one | Perot ay, w a, 90 ft maf Fulton st se appeariag for the defence, . Railroad ay, a #, W fle of id 250 No, 21. Edward P, Bassett et al. va, the Caited westrare, ‘ I on itead road, joint Idwin, States. Error to the Circutt Court for the Northern | BYsminelle to Hempetaad road, ssadjolning Baldwin, | istrict O.—T 7 gs |, $8, adjoining Vhomna, 64 a. Que District of Ohio.—This sult Was brought on a recog ge w Laldwiaveile road, w a adjololug nizance givea In the Circuit Court at the May term. Cornelis, 37 acres eee ~ 1,206 1865, by one Oimatead, as principal, and the other dviendapts as surewes, Conditional tor Lie appear- ance oj the joriner irom day to day Guring the tern. to answer an iudictnnent pending agaist in ior | stealing letters trom the Post Omice. The recog. nizance being forieited this action was brought, Olmstead not being served witu process, The de- fence of the sureties was—tirst, that there Was no record of any such recognizance; and. second, that Olmstead pleaded guilty to the indictinent, was sen- venced to be imprisoned and was actually nupri- Sonea pursuant to tue sentence, and no mdictinent was pending. The p'ainiiff replica that there was Hemp viland, St acre aod Flushing pikey adjoining iV WAY, % adjoining the bay, South Oyster Bay pike, necks, 1by acres, Huriey’ Essex County, Ne NEWARK. Taylor at, w s, 100 ft from Sumoer av, 39106, Clover #t, € #, 20 it from Ji Quarry ai, #8, )) f¢ from Ne Quarry et) @ 4) 275 Ct trom Nesbitt Riguey at, # #, 196 ft from Broome BLOOM: no record of any sucb jodgment and sentence, and | N¢wat* aad Pompton pike, Indefn upon the nearing the Court so found, | and | Main at, n¢, Daniel Shiclis’ pro; furiper, that there was bo record of the recoguizance | Sheridan #6, v7 (% from Dod and lorteiure. Judgment was for ihe United | ,, BAST OKA Siates. Subsequently a motion was made to set | Cherry at, ¢ s, 193 ft fom F i Mare erry aby @ 8, 99 ft from F ¢ Central ae, a's, 260 ft from Hudson Couvty JERARY Orey, aside this judgment and Tor @ new trial, upoa aa agreed statement of facts, as follows:—Phat Olim- stead Was sontencea to be Imprisoned lor six toonths and pay a Sine of $200, Upon a plea of gulity, Suxlsy., Ne de in May, 1865, aud was committed vo tne custody of | Lense, Steuben st, lots 48 and 49, # w of Smith's . the Marsal, to be taken to jail pursuant vo sen sieht sine bes tence; that a week after a writ of habeas Corpus WAS | Ay Cand Bi orner, 401x100x2823194 8,08 issued in nts vebull, upon the hearing of which he | 4¥ © 824 Bayonne av, be conver. Sitalooas : eed Was remanded to the custody of the Marsal until | Lots 59 and 6, block 17, Baldwin & Gilebriei's map..... 1,500 OREN. at, 26x06, the further order of the Court; that ou the Loth of Ho June the judgment and sentence of tne Court on the | Meadow at, w 4, 80 fr @ of 34 indictment were Vacated and Olmstead given leave DsloN. to withdraw his plea of guiity, whereupon the recog- | T¢parge sh 2 ® lots ¥ and 10, biock niza upon wWaoich this suit was brought was HAGRIBOS, entered into and Was subsequentiy forfeied. On | Cedar st, ms, lote 1% and 128, block 6 N Union, 6x10)... 340 the Oth of August, 1867, the judgment for | Ferry st) ns; lots 7 and ay, block 6, N Union, buxiuy Be the government was pet’ aside and a new | shat wa, lotdl, block % N Untob, 2x10 ee ho trial ordered, whieh resulted as be ore. From PERSONAL INTELLIGENCE, the rec ‘judgment this writ of error is takeu Upou generat eXceptions, Oo ground being Blated. The government submits that the finding of the court below upon the issues Of fact In regard to ita own record ig Gmail, bo ralings on mawers of law The body of Rossint was so imperfectiy embalmed that tt can no longer be recognized, Daving beea asked for by the detendants. The agreed a’) te! py featly a statement of tact Iu regard to the record cannor pre- | _ Isabella’s intendant denies emphaticaily the story Veat (he court-from am Inspection of its own records, | that Isabella carried of the crowa diamonds frora as ic dul 19 this Gasq, Unding according to the tacts. | Madrid, toe ewer of tne Uikeult Court to set aside in May, | 1: is proposed to lynch a man ta Kansans Clty who ‘ie bra judgaent ta vue case, even Lnough we moon Wes tied ab the same term, 8 quesioned. It estuoned Whetier the Court had tne legui having sentenced Olmstead to imprison. view of gauty, a8 be bad been sent to 1 same ternt, to vacate the sentence and ‘lo withdraw the piea of guilty and ener oguizance for Did appearance to answer, losisted that the geptence of Olmstead, being oniy for mix mouths, when the mumiuui Deusity for the oivence charged 14 tWo years, is null Aud vold. | The uuse was submited en the printed points of the Attorucy General aud his assiscant, Me. Field, NO One appearing for the plaintifls in error, NO. 2h Henry breiow, Maing in EYrOr, v% Charles G. Sie. Error to the Supreme Court of the Siale Of Atssour!.—ihe evidence in this case showed that Drehow was in possession of @ lot of laud in St. Louis for twenty years, under a jens. and that Lie defeudant, Stilel, Wile Colonel of Ihe Filltighlis- sour Home Guard, took the possession txotn bi, in obedience to the order of General Lyon, ¢2en com jncnding the federal troops in Migsourt, Phe action Was brought before @ justice of the peace for @ forci- ble entry and detainer, Drehow alleging thay Stifel, while pretending to act for tne government tn te matter, had continued to obtain possession for Lis owa benefit, he ewning the lot next adjoitty Which was used for the purposes of a brewery. ft Was also charged that the Jot thus taken by military orders Was thereatter used by Stifei for his own ben- eit 1p his business of @ brewer. ‘The judgment waa tor Dretow, but an appeal to the cult Court of ine State resnited in favor of Stiiel. ‘This agment was affirmed by the rare Court, the court holu+ ing that the section of the new constitution protect- ing all persons Making such seizures by competent munitary authowtty dartog the War was a bar to the Action. ‘Lhe weit of error ta based«npon tne view Lost Oe this nection Operates to sorieit tue gut of steals his neighlor’s wells by lapping them from the bottom. A lady in Paria te mourning over the loss of her cleveuth husband. She expects to complete the GozeU UMS season. Mr. John Russell, ex-Seeretary of State of Ohto, had a stroke of paralysia on Tuesday, and 1s not ex- pected to recover. In Lebanon, N. HL, there are thirty-five over eigiity years of age. ulnety-thres, 13 tue oldest. Ah Coon and Ah Gun beat Ty Hee over the head Wilt an tron bar in San Francisco, on the evening of the 4th, and were arrested. Mrs, Schutz, probably the oldest person In Massa- chusetis, died at Mount Washington, Berkslure county, on Monday, at the age of 107 years. Mrs. Smythe Elkins, of Clatke county, Ky., a lady about eiguty years of age, ia now cutung her third Po $f teeth. They are said to be perfect aud bean- ufal. Prince Alexander of the Netherlands ts about to visit France apd we Mediterranean, After passnig through France he will empark on board of the Duteh trigate Le Vaik, at Nice, and continue Ms trip. An unsophisticated German mother selected Susan B, Anthony from a raliroad car full of women to bal temporary chi of @ baby, and that heroic fema’ actually accepted and sternly performed tne arduous vask im upon her, Ove of the first places the Japanese princes visived at Omaha was @ billiard kaioon, which, by the way, cialing & be the most gorgeous place of tue Kind in the United States. The Japs seein to have a woncer- fui kuack of falling nato une Ways of their brother Chsieian princes. ‘ v persons kibenezer Whitunore, aged SDAY, DECEMBER 16, 1869.—TRIPLE SHERT. het BoMe TEoOHL LAN FOOH vor eating these A PALACE HOTEL, — | ROSSAcntuity Mass AP te ~ WAN agegnyinodate 62 were Ree en ae PROPOR m NG vt) Biiehou? altaohod to the ated | Survevod OA TRE Boa tel at walle ot tne pre r Hea test val wi ne ol % A Great Enterprise—-The Largest Ut } Savages OA Naish mH shar went iad ." ie in America—A Two Niliton Dellar | Laren, Hysoe haar og at ‘ oat a rovnee cd Investment—Seven Rundred Roows, | & A ote tia Vines ‘uate thy Fiftee: ndred nda have att Beem pier ato ot Peat pane x lew het wey Tre vont ead ane, at wall a ope ot is t s, s Ff Wot CORD Lele awiiea La the warkt “There Thonsand. Doors, rity Corrhtors wany pret Twos Oh Wis too belig Utted up lor ‘, Veoh and Seven Acres of Oarpotinge SOCORRO, HOUT H, FORE AND LTTE Loam . dati P A view of (he Patt Moat with give an exdot sore yd for Two of all Lae WPPer Moor eave the seventh and aati, Thousand Gaests — The Dureotly Ghtouet Uke enue af thus door a large hall “Hotel of the Period. Among the grand lmprovemests golag forwant in ihe city 18 the total reconstruction of the propery formerly known as the Lafange House and alten Ward us the Southern Hotel, situated on the weat side of Broadway, between Aauty and Bleooker Streets, Probably no estate im the ctly bas had a more eventfut history or has exhibited such strange aud Upaccountable Management as Lats hotel, wih ail its appurtenances, which fell to the heirs of Joun Lafarge by his Doguest a few years since. Tas rich Frenchman, if 18 pretty generally admitted, was the financial ageut of Louw Philippe, when that unfortunate monarch held te = pursestrings «oof the public treasury in France; and as a part the investments that Lafarge made for his royal master Us hovet was purclased, as many elato, but whether the titie ever reverted from agent to princi- pal or whether cauere was any consideration ever paid by My. Lafarge to Louis Pailippe or by the latier to Mr, Lafarge does not appear, avd probably never Wil. Upow te deati of the testator the property passed under tie coatro! of the beirs—four sons and three Gaugiters, Prior 6 the demise of Atr, Lafarge tue origmal building Was Gestroyed by fire, in 1804, but Was rebuilt and wds conanued as a hotel, with the Winter Garden theatre adjoiuing, unul Maren 23, 1307, When the Gardeu was eutir consumed and the hotel 80 injured that business therein could not proceed, Indeed, the damage done py the fire aud water rendered the buildiog totally untenant- abie. At this point began a feature in the management of the property that Is a curious instance of the many real estate troubles that sometimes injure and often accomplish the dissipation of valuable estates. The lease had beea purchased by the occupant and proprietor, Colonel Bruce, and was to run for four Years, and it iad upwards of three unexpired years afier the date of the fire. A considerable time was taken by the heirs to setthe the insurance which was their due on the building, and this involved such a delay that the lessee was injured in his busi- ness, ‘he desire on the part of the estate was 0 break thé Icase, and the desire on the part of its holder was to clear away the rubbish, repair the damages and prepare the house avain for the accommodation of guests, But the owners had thelr rents insured aud were in no hurry. Tae property languished, its valuagle use became tied up in liugation, and it yieided no revenues. The stores were deprived of their natural worth from being situated ima hotel without guests, and tue interesta of the heirs were allowed to go to ihe dogs. nally tue heirs, obtained a writ of eject ment against the lessee, and by some hocus-pocus, resulting from mtestine quarrels, a decree of sale Was issued by the Supreme Court. This document was held for & considerable time, the property being uasalable. Nearly @ year ago the hove was purchased by Mr. E.S. Higgins, the owner of the Urand Hotel—a wealthy merchant—at a cost of nearly $1,000,000, Soon alter Mr. liggias conce|ved the idea of erect- ing mammoth hotel upon the site, aud for that purpose endeavored to buy the coruer lot trong on Amity street, running tirough to Mercer sireet. As in otier notable lustances tae Obgyurate owner of Would not sei, and 80 a like chance lor a good ercui- tecuural Has been lost cy tue city by the Super- MINUALAd Notion Uhat a Mian Must die Upon the pro © 0 sel,’ exe 3 ferent to a fat bouus, and 30 Lhe Consiuehon had Ww proceed without iis cor- ner lot. THE Los. The ground covered by the Southern Hotel ocen- pled tue juts Nos. 697, 669, O71, 673, 67 and 677 Lroad- way. but the ot bow were only ivu feet m depth and did wot inciude the ten corr on Mercer sleet, Which ure LOW en the Iumits of tue hotel boundaries, as purchased ana laid out by Mr, Higgius kieven of tue ios brought 776,000, and two more, belonging to dilier= ent, parties were purchased jor $165,000. “Tis euor- Mous Sum mdicates Low much 25x10 feet can bring in one of the choicest localiues on Broadway, aud shows that $50,000 1s a moderate average remuuer- ation for @ clear tle to 2,500 square leet of metwo- politan soll an fancy localt THE NRW CONSTRUCTION will be known hereafter to tue traveiling public as the great Central flotel To an observer pussiug along Broadway the immense work waich has beer in progress since last Marca has scarcely been visi- ble atali, Yet the construction of one of the mot ponding lows waced Within colossal structures in America bas beva going forward rapluiy, upwards of = 4u0 jen having been coasiantly employed in ail classes oi work incident to building. Hardiy any portion of the operations lave been disclosed, because the maim part of the construciion ous beeu proceeding oa Mercer street and Clrectly In rear of ine marble front ou Broadway; but they have been of a magnitude thatis trav surprising. In external appearance a view from the rear givea buta tant idea of its immepstty; for the buliding from its peculiar situation is very mach dwarfed m it4 apparent proportions, The trout on Mercer sireet is wade of Phiiadelphia brick.awith marbvie trimmings, and reaches the loitiest elevation on We tavrouginiare, On Broadway the old front of West- chester marole, with its naudsome and substantial arcoitecture, if retained, but wil be eniunely ceaused, refuraisued, carried up three stories higuer, capped with @ mansard roof, with tree pavilions, surmounted by lofty fagstaits. ‘Lhe ironis as they are now iaid rest upon durable foundations, capable of supporting the great weight ol he stones Which rise above them. ‘The supericial area which they enclose 18 measured by 17) ieet va Broadway, by a depth of 200 feet nrough to Mercer strect, giving @ euciosure on each of the ten stories of about 46,000 square feel, or more than 450,000 square feet in a modern hotel. These figures reveal tue fact thal teu acred of elegantly fied quarters are about lo be ready im a single enclosure, where all will gather about the same board and make merry. bor ie ten stories, including cellar, base- meat, towers and flagstaifs, the highest point will be 197 feet; to tne roof the elevation will reach 127 feet. ‘Tne three towers by whicn it ts designed to surmount the bigh and elaborate Mansard row will, in turb, be surmounted by uniquely wrougtt stairs, Supporting elegant figures. hei the Lroadway jacade shail have been dressed over, and when 1s biga dormers, bold cornices, overtopping root and iresb Color sliall have been added, a degree of arcni- tectural beauty will be realized that will have few equals on tie Thoroughfare, THE INTBRIOR. Observers have wondered what the scatolding protruding from the upper windows could mean; it 18 # poor iadex of the chaos of work aud couiusion Witiun, Now everythmg 13 tm embroyo: the Walls are all up; the tuterlor wm neariy all enclosed, save ie upper story, toe tenth, aad the construction is so iM advanced that the lessee hopes to have it ready jor opeuing by the Ist Kad June, 1870, Work will continue throughout the winter, ‘The entrance to the hotel will occupy the same posifiow it iorimerly did—vetween Nos. 0/1 and 673 BroadWay—and wil consist of @ broad, tassellaved marble passage, 18 feet wide, 16 feet high on the clear, eXwending oack 100 feet tii 1b opens inw & Capacious exchange—an apartmect 604100, leading oul tw Mercer siveet. This room will be @ piace fitted ta ot the Fitch Avenue will be luxuriantly and otner hotels. and furnished, wainscotied — in rare imarve, Jreseoed in bright’ Unts, with Treading rooms, a barber shop; book and paper stand, barroom, oillces aud other moana of personal convenience at hand. A double row of uted Cormti aud painted suaits, will ascend to, aud where neces- fary Wil support, the upper stories. Spacious stores wil take up the remaiuing space of the gromud Door, ‘There wilt be (he usual restaurants, billlaed rooura and other apariwenss for refreeament and relaxa- tion in convenient size, tastefully arranged. Musing from the Lerinination of the entrance on the righ side, and eiguty feet from Broadway, ts the grand semicircular staircase reaching jioor on ‘floor and ending oniy With the topmost story. Tue steps of this elaborate siairway will be laid in marble, wilh back walnut bannisters aud an average width of twelve feet. About the landing, one to westward and one to northward & manuer similar to the exchanges | Lcoliina, withornamental capitals | for each floor, are Ww be two elevators, propelied by ateaur power aud capabie of Making an ascent i Uurty seconds, The provision of this means of jocomouon to the upper fioor will be on the largest Scale'in the city, and will comprise the most com- plete and elaborate dotalls known to any class or elevators now in use. SECOND FLOOR. By the circulating ircase, and eighteen feet from the first Noor is the second floor, which 18 to be partitioned off nto the great parlor and sitting rooms, that will constitute One of tue moat nottce- able features of the house. ‘Ihe first large parlor, twenty-five feet by fiity, will be for gentlemen, and is sitaated on the sonth side; the otner remaimng space fronting on Broadway will be divided tut the Jadies’ parlors, tour im nuuiber, Which wil contain a6 elegant furpiiure a8 Can be procured. ‘The poors | Will b@ laid fer AXMIUS.OrS, Veivels and Brusseen, | and the windgws bung la damask anilace, Hee sides these FovINS Jor guesta tuere Wil be @ band WPAN Teoh a With AL Ab Peaclon the CONES OF Uke DUI, Where HE narrows fo nine foot WU Bet OoRMAMAR OF OO a HanAVer@ hall ans LUA | APAUOD WH Meroer abbeek aud Openir 10 46 Teoma HOO URE Om Hhab thomwughtare, onion (as Mall perpendiouiar Lo Hroadway, (hore BLO HO OLLUT BHMArLY piiated, ab the norern WAT AOULHORN OHOM OF Uhe LUNG. There are AKO, Dosides the longtendtoal tall paratiel with Meroer Street, already Hamed, He Oller be On the Broadway (one and tee ofher OULU (he structure WW LWwo aQuaTe parkk Thus vere wre shx Kalle in AOlA—three BrAMAWERWe Ana Uiree lor citudtinl, AVE EAI reduced Cy OF tuMrble Labo: Large: Blocks Un Witen are Bitdated Use suited OF FOOTY Lo Jol, GWALOg OH ALL the floors Over fiky corridors, THIS Hilerscolion of Covered sireELA MAU AVERUES OL Hooks Waere (He Ae GF EHOK Will COVER AX acre, Wad Where Grou HAE WHE COUKOFLALLY BeEcoMIOdALE 200 POOPIE, Opes A SUEPCAAT View of WHAb colossal Proportions are entering Mbo the coastractiva of LOWS OC Lae poriod. Whetier is tae intention of the proprietor or nos, Ke Would be foul a conveniont plug to ame Ive Streets AA AVeNURS, else how comiusiol 18 to: be AVOulOd (6 Gs tmpossidle to divine, Nowe of the rooms Uh Lhe hovel ave dark, Decduse (here are two Maueuse courty running paradel to broadway, twenty foot wide by 160 long, and there supply Hight wud Voutiaton to every floor aud termiiaie Leow bY OPEL SKyLgHGy OW ONE side glug stores, aud ok the southern side, a story above, jiguttngy dining Foomis aud ley rooms, ‘These iarge areas are bridged by We BAUD HAL OB EACH DOLE, Wich Crosses fien at rivit adgies. When oue wanders among Liese Upper doors He 18 Jost th the abundance Of Halls and @parulents, which have been constructed with purpiisiag CConomMy Of room. ‘ibere is noth Ing lke it im America, Wo auywhere. ue rooms ce suéle consist of a parior aad bedroom, aud in genera 1b Can be Bad boas Liey Whi average JOUFLEEL LY SIXWEL IN SIZE, WIT Cotllugs accor ung to deer. They will be furatshed with not and coid Water, facilites for fire (most.y fireplaces), wii gas aud valk. The cetings will be appropriately deco- Yaied, We Windews Graped and tue lurmiture aud Carpeling irst class. SEVENTH AND BIGHTS! FLOORS, The seventh und eighth tivors are accessible by five stulicuses—two on each side of the dowel and one io the HiddJe-—so that in case of fire Weve Oeed be po fear as to means of escape. These two floors: are stimiariy cub up to the ones below, but all tie rooms are intended for singic geatle- men, aud are not, therefore, en suite. the View obtained irom these stories 18 magniticent, and eimbraces the most distaul sweeps of landscape, the furtuest stretcues of Water and all the Varied scenes euacting down the bay aud op tue rivers at eitier uvand., from woe rooi—oue of the highest points on tis Wwland—a iresh breeze 18 always blowing, aud Lie prospect 1s still more distinct, ‘The large build- jugs on Broadway that adjoin look ike diminutive siructures beside the towermg elevation of toe hotel, Every couvenience Wiil be at und all over tue house, very room has @ closet, Whetler double or B1Ng:e, ‘A FEW FIGURES AND DIMENSIONS, The followiug exnipits the maguitude which has been selected as the scaie of his novel: — Cosi, inciudang ground. + $1,500,000 Cost of furaisuing. 600,000 Nawver of square tect o1 350,000 Nuwver of routs... oe 700 Quunber of guests that can be accommo- auied 2,000 1,500 2,000 Number of suites cou Dion, plat vOOMS...6 Uses. eae Acres of marbie Uling. h the proportions red to St. Peter's, in Rome; the Tureries © Coliseum of ue Hub, dufereat ceilings have the hewuta:— if any ove 18 Hot saustied wit he is 1eiel following Sub-bas First basemen! basement. KS Boor. Second te Th et foor Fourth Hoor.. Futh floor, Sixtn floor..... seveatit Woor.... Noor, domiuions are now under the Coacrol or Mr, Du. Powers, the tessee, who will expend fully bail & miiloy dollars in restoring iis euipire to order, la briighog ws diferent s ons inte barmoay aud in providmg all tne means of happiueas tor nis tuture subjects, and with whom it will yeauin to demousirate whetner it 1s as easy Lo keep as it is to bud @ hole ‘Pais histor:cal accomplisiguent has seldom beey Conipletely mastered ta America, even With the mierior houses; and he who can cater for 2,000 guests, wita an editice that Corresponds to the Great Mastern of sbips and the st, beers of churches, wil bave to be a great commissary. WILL It SUCCEED? To such aquery as this, which 13 being propounded every day, thers are several very natural aud very Seusibic Ruswers, Betore the origiua! siruciure was destroyed by iire, in 1867, the proprietor’s protts averaged about $9,000 a mouth, and were rapidly lucreasing. Then the accommodations would not aliow over 960 boarders, With the new moter six tines as Many Cau be guests. The situation 1s ove of ae best. About a halfa mue above te centres of the wholesale trade, it 18 also within an easy distance of the uptown ceulres of amusement, and not @ long way oif from depois And steaindoat landings, Ma 13 exterior appear face Wi Will be one of the most attracitve aud 1u- posing hotels in New York, and will stand in @ neighborhood which is atready built up with fine siructures. Its close contiguity to Uniou square, its positioa in Broadway, near the angie at Teuti street, the undoubted perinanent lovauiun of the dry goods trade at Fear! street, and access .o the hotel Trom two distinct entrances, that will prevent the nuise aud confusion of baggage caris, are ali cou- siderations that point to tue success of the euter- prise. Mr. Higgins, who but tue Grand Hotel, nas cuiburked a large fortune, and @ lew montis will Gomonstrate Whether oF not he vas acted wise.y and wel + iE BLOODY SIXTH? ¥ormnation of a Sixth Army Corns Associne tiou=Garlnnds ior the Living’ from the Laurels Won by the Dend. A special meeting of the oMcers and sotdiers of the Yate Sixth Corps, Army of the Potomac (the gallant “Uncle” John Sedgwick’s famous comimand, was hela yesterday morning, at the Armory of the Seventh reaiment, New York State National Guard, corner of Seventh street and the Bowery, which had been offered for the occasion, On the motion of Briga ‘ier General John Cochrane, Major Genoral Hy. G. Wright, the successor of General Sedgwick command of the corps, was elected chairman of the meeting, in the absence In Furope o! the temporary chalrmin, General W. B. Franklin. General Joseph C, Jackson was requested to act as secretary, The secretary then read the minutes of the previous meting and reported that the lst of proposed metmvers now numbered 240, General Cochrane, the chairman of the committee, @ppointed at the last meeting to prepare a consutu- tion and by jaws for this soclety, reported on veualt of the committee and presented a craft constitution and bye laws, wich were adopted by & unanimous vote und the committee discharged. ‘fhe mecting bext proceeded tu the election of officers for the ensatng year, On the motion of Major Gen. Wright, who ans- tained his motion m a few bighly complimentary remarks, Major Gen, W. DB. Franklin was unani- mously elecved president of the corps. On a vuliot being taken the following additional oficers were Major Gen. Wrigut, vice president First dive Major Gen. Getty, vice president Seco d divie sion; Major Gen. Newton, vice president Tard divi- Gen. Joseph Jackson was unanimously elected recording secretary, and Major Harry Masters cor- responding secrewry, Colonel Samuel Trusdais was also unanimousiy elected treasurer. On tue motion of Geveral Cocirane, the Chair appointed tue follow. dig CommItLees: Committee on Time and Place af Meetin Gen- eral Shaler, General Neal, General Cochrane, Major Montgomery aud Captatn Pearce, dceoutwe Conundwe:—Geueral Neal, Colonel Ell- muker and Colonei Lattar, On the motion of Major Montgomery, Philadelphia Was selected as the place al wyich the next auaual meeting 18 to be held, and the time fixed for April 8, at twelve M., beng the day before the next anaual gathering of the army ot the Potomac. Afr a sinall amount of otier rouuine business had been transacted the meeting adjourned, MARINE TRANSFERS, ‘The following is a complete list of marine trans fers from December 8 to December 15 inciusive:— * Date. Name Tonnige. | Shave. | Pric Deo. & Robert Myham 02.9. Dee 6. Robert Myham. 2.95 Dec. &. iobert Myham. . 92.94 Deo. 6 iobert My tam. $2.94 Dec, &.|Sioop.| rand Criterion. 28.5 Lee. 8.[-loop:|Providence., an: Deo. 18.) 8chir..)Jant. sees a ae Dee. 15. | Sloop. [Ger 7 4447 Dew. 1. » b. 8. Peckham. Sot given Les. 4. Sehr.. Abbie B, Oakes, ae) hee Bs b)G. A Bwan, 116.86 | Deo. 15, 1st, tualJas, N. Thompson, 61.64) Nene | COUNTING THE VOTE. COMPLENTON OF THE CANVASS, 4 STILL MORE PROTHSTS. ELECTION BY LIGHTNING ‘Tho official canvass of the returns of votes ¢ast at the late charter election was completed yesterday by tho Board of Canvassers, Immediately alter the opening of the Board, Alderman Ouddy, acting for Alderman Cushman, proceeded to canvass the votes of the Sixteenth ward. On the completion of the canvass of this district & protest was pro sented from Joseph McGuire against allowing the returms a8 made for Civ Justice in the Fourth, Fourteenth and Sixteenth districts of the ‘Twenty-second ward, Another pro~ test was recetved from Henry Murray against allow- ing the returas made from the Firat district of the Twenty-second wafd for Police Justice. Both papers were referred to the Committee on Protests, A short recess was then taken, alter which Alder- man Coman canvassedethe revurns from the Fif- toonthyward, on the conclusion of which, at one P. M., the Board took afurther recess until balf-past two. At the meeting affer une laat recess Alderman flardy canvassed the Peturns from the Twentieth ward, with which the canvass of the entire city was completed. ‘The excitement yesterday was much jess than was exhibited during the few previous days. The crowd in attendanco was much smallet and decidedly more respectable, and the work of the canvass was gone through with quite brisklye Among the many scattering revuras the name of E, D, Bassford was returned from almost all sections of the city tor Mayor, Alderman, Police Justice, Civil Justice, and, im fact, for almost at! omices for which thore was au election. Paday Burns received sev- eral votes for Mayor, bus was veaten by Horace Greeley, A WONDERFUL FACULTY. One of the most interesting auu cacertaining Incl. dents Connected With the cuuvass Was the work of the “lightning calculator” and tae remarks which lis style of domg business eilcited from some of “the gang’? who Were among the spectators. The “calculator” (Air. Outwater) comes Inve the Chamber quiewly and to all appearances uwerly regardless of what 4 going on, All cue large sheets containing the figures as canvassed are nauded him. He sits down easily, looks at eae coluwa of figures and piaces the sui total at the foot of each column, | It 13 all done 1n a8 short a Ume aa 1b requires to tell tt. One of the crowd cried out alter the Board had adjourned, ‘Wot in thander’s de use iv a -young fel- ler tryin’ to git ‘lected win tat ere feller comes ip here and puts down wotevir fe lixes f”” “He don’t Teng coe wot he lises, he only adds em up,” quoth another. “Adds emm up be d—<d; wasn’t 1a stan’in’ right there, and didn’t 1 see him jist mark down a lot o” liggets and thin say wot de majority wus? He didn’t dv no addin’ up, I'll bet.’” Both snaividuals walked off, fally satisfied, no doubt, that their favorite had been struck by light ning, oF, 1 other words, Killed oi by the lightning caiculator. ‘The canvass of principal interest, yesterday, was that showing the returus for Police Justice im the Bighth Judicial district, between John Hardy and TuomasA. Ledwith, ‘ine oiilcud canvas slows a3 followa:— Ledwith, inthe Sixteenth ward, recetved. + 2,082 Ledwith, in tae Twentieth ward, recelyed..... 8,760 Making the total vote for Ledwith... » 6,142, Hardy, in the Sixveenth ward, recerved » 1,288 Haray, in the Tweatieth ward, received. + 4,41 Making the total vote for Hardy..... + 6,705 Showing a majority tor Ledwiua ol. + 1,037 At the conclusion of tue canvass of the Twentieth ward protests were received from J. P. Rogers against allowing the vole ua returned for Alderinan im the Fifteenta Aldermante disvict, aud from Wil- lam Boeckel against aiiowiug tue vole as_ returned for School Trustee in the deus ward, Bot pro- tests Were reierred to the Cuwinitice on Protests, and, on motoa, the Board tovx & recess until one 2, Mi. to-day, ‘The Committee on Protests wil meet this morning. at eleven o'clock, Jor the purpose of wing testi- mony 10 regurd to the discrevaueies appearing ip the returns, aud to hear cvideics im support of the several provests Now before the comurittee, MILITARY NOTES. ‘The fil dress promenade concert. and reception of” the Seventh regiment takes piace tls eventing at the Academy of Music, Tue concert will commence at elght o'clock and conclude at ten, when dancing will be enjoyed uutil one o'clock in the morning. The bavd will number 100 pieces, Tue regular tickets of admission have been Limited co 1,200, each admit ting a lady and gentioman, and there have veen issued besides 250 extra tickets, each admliting one lady, taus giving a gentleman the privilege of taking two ladies. Every possible preparation has been made to render the reception a3 enjoyable as can be and the indications are thas it will far surpass to point of magaificence and fasition anything of the kind that bas taken piace 1n the metropolis in many ayear, The annual receptions of the Seventh in the past have always been noted for their selectness and grandeur in appointments, and tf the affair to-night outdoes its predecessors 1% will certaimly be very grand indeed, Lieutenant Joseph Fileisehl was elected, on the 10th inst., junior major of the First regiment cavalry. Colonel Allen has Issued an address to the FPifty- fifth regiment. After congrataiating the command on the fact that it now numbers 600 active mem- bers he states that tneorder to perfect the organiza- tion as much as possible in the manual and school of the battalion be bas thoughe proper to order drils from time to time ducing the winter months, at the State Arsenal, and feels assured that every one attached to the reginent will take the same interest a8 he has heretotore in its wellare. ‘fne subject matter of the oider is excellent, but the Colonel should have prepared 4 with more care. It was evidently Uastiy put together, and so in many places 18 nos as Clear as it migit be. Governor HoMinan’s message W.Ii contain a good Sized paragraph advocauing the setting aside of portion of the Park as a parade ground for the First division, ‘INS will No doubt Have its effect, and an- olher paragraph recommending the sale of the muskets BOW used by the vational Guard, the pro- ceeds to be devoted to the purciase of vreeci-load- ing rifles after the pattern of the present regular ariny piece, would certainly be very accepiabie to tioge most converued im the Change. General Shaler, 1% 18 rauored, will issue an order for vhé Third brigade, First division, to parade ag an escort to the remains Of George Peabody on tueir ar rival at Uhis port. How about that election of a brigadier in the Fourth brigade? Coliovel Rewuuey tees certain that he wiil get tue place, and so do Lux and Cavanagh and H. Lacy and the half-dozen other candidates. Remmey's chances would be the best, apparently, if he did not cling so close to the Jersey side of the river, Foreiguers residing abroad are not alowed commissions ta tue militia, By the bye, the Legiziature cau do a good thing tn. reterence to this Fourth brigaue affair, Let it a point a state Board of Exautuers, with power ‘A call betore it au candidates for commissions—briga- diers as well a9 others. That once tuund, it woulan’t require much figure work to show how many can- didates who are now in the teld seeking for the Fourth brigade vacancy would ve tound wanung waen cailed for, ‘The Court of Inquiry of the Seventy-first regiment have completed their labors in regard to the conduct of certain (unkaowo!) members one night last mopih, meution af which was made im these columns, What the resuit 18 hus uot av yet been made public. General Varian will still hold fast to bis place at the head of the ihird Urigade. He resigned, but then ie took At all back again, aid so ail Lue coloneis Who wanted to go up higher iu Class bave fallen back on their eagies. Somebody queries whether there is any trath in the “rumor? Laat Upton’s tactics are to be improved Upon by the Introduction of ceriain “iessons” from apother set of tactics, Whea vetier uctics than Upton'’s— which 19 now the staudara of the regu army and alt tae militia of te various States—w have been tonnd, such an “introduction” may hap- . ‘There is no petter tactics extant at present, dingo, the “lessons” wil not be needed. “QOBGERY ON THE RAIL. Mell Bag Bursting on a Long Island Railroad. From Northport there is @ branck ratiroad fifteen miles in length’ which connects with the Long Isiand Railroad at Hicksville. The inails,for New York and the Kast from Nortiport and tue other post oitices on this road, some ten in number, are con- veyed by this branch to Uicksvilie. On their arrival there they are taken in Charge by the postmaster at that place, who delivers thei to,tue route agents on the main line for distrioution. On Monday morning three bags, containing the inatis tor the eastern por: tion of tue island, reached Hicksville as usual; but as the postmaster Was not there to receive them, ey Were piaced upon (he plaworm. Upon search: tng for them atterwards tucy were nownere to be found, and are supposed to have been carried off by thieves from the piace whore they had been #0 Neghgenily leit, It will_be remembered that a sim- ilar robbery occurred at Uns piace ast summer, Tuli aecouat of which Was puolisned at tye time fh rain ean a bed innate letter bag wae jen aud subsequently lound oat dite tauiee from the devon as ay