The New York Herald Newspaper, February 21, 1871, Page 5

WASHINGTON. nn Senator Sumner Raptdly Recover- ing His Health. Frank Blair Again Fighting the Rebellion. Anether Froud Exposed by Re: presentative Dawes. ~~ @he McGarrahan Claim Disposed of by the House, $ pe “Wasminotos, Feb. 20, 1871, Penator Sumner Keeovertox, Senator Sumacr was apie to move about to-day, Qnd came down stairs to breakfast. During ihe day ‘Re was calied upon by a very large number of visi- tora, promincat amony whom were menvers of} ‘the foreign legations. Mo stil suifers acute pains and rests very poorly at nicht. Beard of Visiters o» the West Poiut Academy ‘Tho President has uppointed the Rev, Dr. 2under- land, of this city; Rov. Dr. Vincent, of Matatield, N. 4.; Ex-Governor Alsen, of south Carolina; Judge Wilham Miller, of Tu:caloosa, Ala.; General Isaac F. Quinby, of the Rochester Oniverstty, a graduate @f the Academy, aud Joseph J. Wood, of Kansas, to be-members of the rd of Visitors to atiend fhe anaual exXaiuination ap the Miliary Acade- My ext June, and to mako a thorough exainination into tho aifairs of the Academy, Qa required by law, ‘uese gentlemen reovive ' Bo pay for thew se + but their traveiling | expenses and expensex of board aud lodging while ‘at West Point are borne by tue United States, Un- Ger the law passed at the last session of Congress, at the instance of General Schenck, two Senators, Selected by the President ol the Senate, and three Meubers Of ihe next Louse of Kepresentatives, se- Tected by the S| Tr, ave io be added to the board for the purpose of making a separate report te Con- @ress. The last Congressional board, compoged of Senators Conkling Sawyer ana Representatives , Slocum aud Scuencs, though present at the 1ia\ lous, /atied to reader the rquired report to @ongress, Nominatisns Confirmed, fhe Senate in execntive session to-day confirmed | the following nominations:— Curetors af Cusioins—B, M. Roberts, at Belfast, Be. ; Stepuen Longieliow, at Machias, Me. Pusan ers—Witiaia i. Streeter, Houghton, | i. Evans, Pide- Tamaqua, ia.5 | R. Mich.; Levi U, Leib, Asnton, re Harriet Mewul, chhuyy gut, Ab 3 Charies cowell, Huilowell, M. E, ©. Little, indep Leilance, Uhio, Movement in Washington. Waterville, Me.; Be aytor, Indiana, Fa loWa; Francis Lrovk: Tho Temperay -The teinperauce orgauizations of Washington, at ‘she request of the Cougressional Soctety, propose to observe Wednesday next, Washington's Birthday, “addre will be mado by Senators Wuson, Wiley and Revels; Representatives Moore and Maynard, and Br. Rankin, Mn Drow and Mr. Davis, of Bhode Island. In the evening there wii! be two Meetings, commencing at hall-past seven o'clock, @? Lincoln fall and at Dr. Sunderiand’s church, oa Beven-and-a-balf street, Tue meeting in Lincola ‘Bail will be aduressed by Senator Patierson, Repre- Beutatives Shanks and Lawrence, and Amasa Waiker, The meeting in the church will be ad- Greased by Senators Buckingham and Pomeroy, Re- Preseniatives Hill and Cook, and General Howard ud Drs, Newman and Sunderland. Exploration of the Y-ilow Steno. ‘The Secretary of War has received trom General Hancock a report snwmitted by Lieutenant G. 0. Doane, the commander of the military escort, of the exploration of the lakes and falis of the Yellow Stone river, in Montaua and Dakota, by Surveyor General Washbura, of the former Territory, Jast Afogiat and Septomber, in accordance with the recommendations of Generais Sherman and Han- @ock Secretary Lelknap will submit the report to Congress, with 9 view to lis publication. FORTY-FIRSI CONGRESS. “Third Session. SENATE, Wacntnoton, Feb. 20, 1871, ‘TE ENFORORNENT LAW, Ms, CONKLING, rep.) of N.¥., from the Judictary Com- aalites, reported favorably the House bill to guard the purity ef ciections. He said this was @ bill to defend the ballot box aguas fraud and piracies, and gave notice that he would oon ask the atiention of the Senate to it, and would then @ppeal to the friends of the bill to stand by it until a vote | ‘was reached. ‘THE LEGISLATIVE APPROPRIATION BILL. ‘The Senate, ata quarter past tweive o'clock, took up the Legislative Appropriation bill, and debate was continued ‘pon concurripg in the amendment reported from (he Com mitice of the Whole repealing the prohibition against pardons ‘es evidence in the Court of Claims, ‘Mr. BLarn, (dem.) of Mo., speaking of the faflure of the government to furnish arms or means of protection to Union- fats of the South and the assertion of disunion sentiments by fe republican party prior to the rebeliiov, read @ nume of extracts from the New York Tine, bearing date in ‘and 1861, to substantiate the nceuracy of bis charge that hat paper encourayod and advocated bt of secéesion, Ble regretied tho absence of the Senator from New York (Mr. fenton) from bis seat, but the value of that gen- Pemau’s bold Cemal of the charge ugainat the Tridune could Deacen by the exiracts just quoted, Tt was mainly due to ontations that toe Soeth, would ant ought, to be a to go in ‘out r. Gresley aud Wende: ‘tips, thet Aexander H. Stephane. wae, wefeated to his of to decure a State convention in. ‘oppoait Georgia bare arrested the secession i oF ‘ive Be(Mr. the more Smgiepre than Mr, Gri dren the land and forthe antes now animated the Soutbern was equally. culpable and lead nad should not now turn upon with a maligni:y which belonged to Eclarging upon tie enuipable failure vo act Ly n_of the rebeiliun in tte moeptio! a ir said =" overnment, on the contrary, fo the Southern cont quasl recognition, and treated 0 were ton. hen the, public faith and property wereabo rendered to them, ‘memb pinion in favor ‘of the surrender, protest » on whose energetic that the reconstruction policy, im, went on to argue og and maintaining carpet: ni int tended vern and plinder the country, | | Book of the genera, Uand Odige ut che t | reprerented aident the enormity of that tranenction, Ferrers toielcn at gush a wan es the prevout Postinnat ter General in the Cabinet ban been recetved with pr esto the who.e peopl of the c Af not diagurt, bj at ihe (bairman of the factory exbibit of busiget. DAWES, Yep. Of Mass, stated that within tho last ff- feon Fears there had been expended (n rwaning this samo boundary line 730,400, and that was ooly after 1389, when notice was given thal no more appropriations would be made, it was discovered that the whole thing Wasa misfire, ‘The Work shoul have been compleied, and would have beea compieted, th one year it st had not been for the rest of gontrol a wi Weved that be: Where the line should be run would consequence, He. therefore, aus; the propriety Poning tne nud ost Tor the present seaaiok. ara sha sittings of the Hich Cornission were closed, ft then becan ary to gO oon with the work au approprigtion could bo “Wi. SWANN inquired of Mr, awos whether he thought that one of the rewi.ts of the detiberation of the High Com- Miasion would be to cede the terriory of Canada to the United Siatea, Mr. DAw es reptied that the gentleman had as mach know- ledye on that point as he had biruseit, tir, SWAN remarked that tue gelitleman’s argument was OD Mr. DAW po! © entire safety, . F Mr. SWAN Iu uired whether, If the gentleman Af) not expect Canady to be reerived Into the termiory of the Unite: Ftites, t would not be necessary for tue government, uuder any clfcummta.cos, to sun the Loum iary ine, Fr. DAW se Feplied that be thought tk would be at {{ nothing Was gained by the High Compa the grant facton witch sde ov sah Hag j ba he Hellevod the whole matey Would cone ty aot be kept oul of jho ce iyurations of the Hig Te was not 3, ug ORT oted that the damages vy #1 Alabanie wotlld be coupensated by tue couut- out 0 no esy collars, Mir Jyreby ev.) O° Ir arzue! In support of the bil, but parol his witness that it should bo posipoved if Mr. Hawes coud ussiive tay House vhat tue Unlted. states wore About to avquira the whow territ. xy of the Duuiloiva of Cane ada or tie nortbwestera part of it ir, HANKS, rep) of Mass, wavocated the pareage of the Dill. apd expressed a great douvt whetuer the Hixh Commis in woud ever concede that terrory to the & on en He dieclnines the viea of tee on Foreign Adaira having suy personal or pri Yate motives im urging the IN, ‘Toe bi Was Len paseed. Al ‘¥ OF 3 8, 3 A despatch from toe Assvolated Presa announcing the | saiely of ive Tennessee was iald before th, Ouse by tue Speaker, 1ts reading atorded geuscal satis: a. THE BUSDIY OLVAL BERVIOS Lite Nr. Dawy's, from the Gouusitte: on Appropriations, re- port the Suaday Civil Service bh, It was cy u order Lor to-morrow. foci tug 000 Fiabe Denblvue to tue save ‘Tuo House then. proceeded to the report of the Judiciary Commitice on THE WGARRAMAN CLAIM, Mr. COOK, (rep.) of My 10. lution offered by hu jist saturday, sors bo uw Resolved, That in the op gulleiont evidence that either Tira Atwing Company bos 0 ss uider the soliters of tue war of | a mn Of the Hoge there fx no Wra, McGarrahan or we New Wor log. OF & \MiLmUIe, 69 the land known as * Pat Cali. fornia, avd that procecdiags shall be at ovew mauituted Teguver possessing of tue same wud assert the Ute of tod Staces the: aly, 2a (reps) Of Cab, made an argument against ce Of Lue miners, WhO bad Jaw er 100, Ly (U4) OL Quid, argred against the claim of Mevarraian and agaivat the eximence of the original grant, Asserted to have deen snade to (wines in 12d—— maa wad iad, ia open cou ‘orged another Like Brant, aga exit: ‘skit in that way to the Court. “He ‘ch: zed the cisim ay aD ini fraud that had been whipped naked through wll Ui ments of the government, aad tu: Tine @ storm-tossed mariner to rat in the saie harbor of Congress. It had no business bi Te had never had auy. It was on appeat irom tie Sup) Court, [twas an appeal from tie who judiciary of the United States. it was an appeal from aii the branctes of the foverament, and Consresa waa sdsed wo lane up that rotlen as will cinin aad breathe upon itandgve ite ody and soul. As to the argument of bis coliesguo (¥r. Cinguam, tn regard to the mutha:tom of tho record, de deciarod tout he heid ia hana tie parcyment copy of tue patent, and vhat it had been sighed, nd novody ever pretonded that it hat | signed Wot & few weess ago, when # rascal from New en authorized co'siza land patents for the at he A, R jority report ithe Houre to saad by lke decision of aivgit of underinizing 10 overrate it. cine M, the House procosded to vote oa ed by Mr, Cook, Rejected; yeas 100, nays Paeage cota aes “Curtom, (rep.) of ill., moved that the whole subject be laid ou the tabie. Negatived oy yeas 7%, nays 1.5. ‘The oueetion reeurret titute oiered by the mi norliy of tue commities for the resuiution reported by the mar jorlty of the commities, ‘The aubsitate dtzects the Secretary of the Interior to cause the securd o: the patent so the Pauocne Grande tu be trans scrived into tue records as the same stood on the record Prev » Cau Mr. PaIERS, who wad made th discussion, avi wr, the Supreme Cour: ‘Tho debate bein, he regoiution oi Wa, cee rae it wae He without any mutilaiion or erasire witatever, 80 that the loyal etfect of the record £0 wauscrived sbail ve the same as if tae | original record bad never been ty terfered with or mutilated 5 anc itautiorives apd reqares the President of the Unite: ‘States to do in the premises wh: dg | be just and eqat ceeding had su Of the patent recorded, ‘The snvetitute was adopted by yeas 11), M RY, (ep) OF Pay thn the whole subject on the table, which was negative » Naya 103, Mr. BLawilaN, (rep.) of bio, moved to reconsider tie vous Wis agreed to, ani also moved baat fer ve laid on the tabie, which {8 the pariiamentary for okavIE—Was agreed to—yens 10, M by which bis «wostitut the. g + order eit wanded by Mr. Sargeat. the wad fought tue iraad a9 he could, (Lous eries to ofder.) ISGUAM retorted that the traud was on the side repre- sented by the genueman trom Catiforsida, Mir, SARGET waid that in bis position in the matter he had faithinily represente: bis Stace, Mr. MINGiAM said that Ke bad represented hie country, ‘The House then, at twenty minutes to sta, adjgucned. teers or the THE LAiE GENERAL JAGRUDER. Magruder’s Last Hours—A Sad Scene—Aloue with Death—Lis Demise Unexpected. GALVESTON, Fe. 20, 1870, General Mazruder had been unwell a week pre- viously, but his tliness was not considered dauger- ous till within two days of his death. About eight O'clock Friday night he became delirious and his muitterings were unintelligible, He lay with the hand of death upon him until three o'clock in the Morning. At ab hour @ gentleman froin New York, WhO was stopping at Lhe hotel, while walk- jing past the Geueral’s room heard a noiso Wwithla, and on. ente the apartment ho found him apparently in a convulsion, A servant was immediately despatched fora siclan, but before lus retuim the proprigior asceimied to the chamber and found the General breatniug heavily and in an unconscious coudition. Telling a boy to Temain, but not to disturb the patient, ihe proprie- tor descended the stairs, and, ou returning, lound the General without pulse. He lisiened jor is breathing, but there was none; he placed his hand on bis heart, butit was sililforever, The remains were dressed in a piain black suit, and, after being placed in & coffin, were foliowed by a siring of car- Tiages to the Episcopal church, where the usual death services were read by the minister. ‘fue pall- bearers were Major B. A, Potts, Uaptain B. P. Turner, Dr. Louis A, Bryan, Colonel L. Lorgescope, Colonel L, H. Cushing, E,W. Burke, Celonel San- non, John Shearn aud Kobert brewsier. The ree mains were then followed to the Episcopal Cemetery. The last conversation the General 1s Known to have had was on Friday, the day previous to his death. To an employé of the hotel, after sending a message to a distant relative, resident in tuls city, the General said, provably in reply to a question, “Lt don’t think 7 am long for this world.” There ‘Was no display about the obsequies. BILLS SIGNED BY THE GOVERNOR. ‘The following bills were signed by the Governor on the 18th, and are now. on file in the ofiice of tho Seeretary of State:— Amending an act for the relief of Cannon street Baptist chureh, Brooklyn. ‘ In relation to comunsstoners for jaying out ave- Dunes, £o., in ta ay ed of Westchester. ‘To’ prevent Opening of streets, &c., through tho grounds of St. Joln’s College, Westchesier ‘was int e feneis then voied uponsthe question, en the amend- ment made in the commmitiee rapedling that Taner the law feguiating evidence in the Court of Claims which makes the sensi of a pardon a proof of dutovalty was ‘eonctiy the vote resui tm a tie—yeas m j—and termined ailrmuativels Uy the casting vale'of the Vive Pee: “oe amendments increanmg the Judicial salaries and con- gpltdaiing the puniic grounds south of the ‘avente from the dent's house to the Capitol were cogeurre:l in, Er. BrooxtoN, (dem.) of N. Ju, ia explanation of the lat. id the purpose was to make a dealt te ive, of which the nation might be id. He be- that Washington bad a future that was dosti to eit the Guest capital 3 = it tl fa the world. The spect on neyivania avenue to-day was an indication of what the here could do te show they had u live city. r further amendments and an agreement to take a on orrow the Senate rei ‘efter « short executive seasion, ‘adjourned yale ro HOUSE OF REPRESENTATIVES, WAsnington, Feb, 20, 1871, BILLG INTRODUOED AND REFERRED. By Mr. Borrixton, (rep.) of Mass.—itoselutions of the Commonwealth of Massachusetts in favor of the shipown- ass of the United Statt, By Mr. Va Wrox, (rep,) of N. ¥.—To puntsb the print- dag or depositing in the mails of eounterfelt Treasury notes, Sank bills or fractional currency, #0 that the Post Ollice Gaal not be used to ciroulate counterfeits, ‘By Mr. Boxonanp, (rep.) of 1l.—To encotPage and aid ee actadlishment of free schools throughout the United Se ‘part the proceeds of thesale of public lands. fo—For fi fo reference Pacito ad of the anus By He NUxaix, (dem. dot by the dem.) of Oni0—In_relation to the Foick epee te tae crea enforcement Bonet aitt'imperta edeainisteation ‘ofthe Tevoai lawson n of this 8 blab Tosring te ahi ate Ge raper authorities ofthe goverutsent neeenls OF Mi, Hit, cep of N, J.— Kesolutions of the Boant of yee jowark, N. J. re} noora abolition of the frak vilbge. % esi ION, bia tee 08 Foreign Af Friday last, authorising the ‘President of the tnt establish the North- boundary lige, wap next tek SWANK, (am) OF Mas who from th 9 rl ‘explained teepeniaate foe ‘te the o} ions uf Mr. Daw 2 in the estimate submit. ded the He how ouag and mortgagi by Gouge By Mr. VAN Py ment by the New p Oxing the cost at fe iiapported and applauded "the m0 county, Incorporating Masonic Hall Associati '. Relating to lands devised by ‘Gene Wr errs, aeeorapting connty of Westches! ixemp' festchester from Visions of laws Of 1869 relative to swamp lands. Mg Authorizing Troy Cemetery Association to enlarge its cemetery. Providing for com, pon of Ninth Judictal District ‘ork city, f trustees and town of- Court House, New eat hee 8 ors in county ‘estchester. ohage) for farther supply of water in Brook- Incorporating Odd Fe:lows’ Hall Association of ironing an act {pcorporatt ty of Re men z ing city o! Contirming oficial acts of Hervey cs ‘Smithy @ ‘@ jus. tice in Clarkstown, county of Rockland. Amending charter of village of Warsaw. oi SUICIDE OF AN INVALID. For some time past Frederick Hoffman, a forty seven years of age, living on. the third floor of promises 87634 yc street, bas suffered severely from rheumatism in bis head, Yesterd: Hofman was in suc pain as to reader. Mos nearly frantic, ereupon his wife went for & doctor, During her absence Hotfman locked himself in room, and placing @ noosed rope around neck, secured the end of the rope to. the knob of the door, being in readiness the desperate man sank to the floor, thus ti neentie ee ro) around his neck and le return ‘ho was Surprised ‘to fina herself looked out, and, having her fears excited, burat in the door pol boil : eg es lifeless Fg of her husband ny . Coroner Herrmann was not Heao jold an inquest over the remains, ——_——______——__ AN EIGHT HUNORED DOLLAR HAUL. ‘The residence of Mr. W. H. Seymour, 426 Clermont avenue, Brooklyn, was visited hy a sneak thief last evening, about seven o'clock, while the fai inthe tisement quietly penslt of their riled The rogue found }is way up the stairs to a sleeping Spascment on the second Moor, where, on search ie bureau drawers, pt} Olscovered a diamond pin and two gold watches ehains, valued in all at $800. With these articles he Gecamped. A description of the property was left at police headquarters lo oe eat ae he ahs me, Were notified to in their guard and look o persons attempt ing to pawn the valuables NEW YORK HERALD, | law oi the Stated THE COURTS. Violations of the Internal Revenue Law—A Law- yor Representa Himself and Loses His Cause— The Case of Dr. Gwynze, the Bigamist--Ac- tion for Braaoh of Contract—A Loose Bank- ing Transaction—A Defondaat in a Suit “Asfested {or Porjury—Theatrical Man- agers in Court —Burinese in. the Court of General Sessions—Deoisions, | rate UNITED STATES SUPREME COURT. Dectatons=Constitutiouniity of the Cotton Tax AMrmed—The Ad Vulocem Tax on Indigo Sustaiaed, WAstIneron, Feb, 20, 1871, The following decisions were rendered in the jupreme Court today:— baa Re SoieRa le cinder 10. 6. Fqi'7ihigton vs, Siunders—Error to the Ctr- ouit Curt for Tenness:e,—This was the case involv- Jat “4 constitutionality of the cotton tax recently The Court below affirmed its constitu. Mr, Justice Nelson now announced 168 Of that juuginent by w divided yourt. No. 210, Seinvach vx, Stewart et al.—Error to the Circutt Court for the Disiriet of Calfornia.—This WAS @ controversy concerning a Mexican title te lands in Cait/oruia, the Iasue being principaliy of fact. ‘Phe Conrt below sustamed the Otle of the de- Jendanis, and this Court aillrms that judginent, air. Justice diroug delivered the ODtnion. No. 300, Sturgis et al, vs. Draper et al.—Error to the Circuut Court for wie Southern Disirict ef New York,—Vhis was an action to reeover an ad valorem tax on @ quantity of inago imported by Sturgis & Co, I 1865, exacted by the Collector of the port of New York aad paid under protest. The Court be- low heid the tax to have tas Cour’ atiiras tie judemeui, holding that. by a proper coustraction of vue statutes on the subject No other cou on can be reached. Mr. Justice Ulite ford delivered Lie opmion, No, 13. Miller vs dicKenzte—Error to the District Court for s1sst)pi.—Dismissed for waut of Juris- diction. Oplaion by dir. Justice Nelsou, Cases Argucd—Voustituiivaality of the Civil Riahts Act Contesiod. | No. 205, John Blyen and George Kennard vs, The United States—Error to the circuit Court for vie District of Kentucky.—The plainiitts in ertor were ayrested and commitied by a magistrate of the State | of Kentucky tor the nmiurcer of Lncy Armstrong, a colured woman, of Lewia county, of that State, In October, 186%, Pending thar trai by the State authorities they were indicted in the federat Circuit Court under the “Civil Rights act” of April, 1865, Wiieh gives the felerul courts jurisdiction of cases, civil or criuinal, mvolving questions of persoual righ's under the irst Kecliva oF Luat ack The party wurdered was colored, and various wit esses of the crime Were also persons Oo. cvior, aud by qdaiiied to Leasliy agaist Waite du the federal cours colored wit to iestiiy and Ue aco: were ¢ kK i, pouva 0a Gérain Eeelint a that the Was mace in arresi of j Aedien uj cal grounds, aud upod the iurta ack Gaver Which the Court assumed jarsdicuon was Usconstiiitional, The Vourt overruled the mortoit Abd sustained the act, ho ding it to be coustitudoual in alias provisions, ‘The case is brougit here, the State of Keutuchy being repre: ed by counsel, Specially to muuutaia Lue UncoUscicu tonality of the ud 148 contended that there is no Warrant for cen a/nendwent to the coustitu- ch Clause it 1s Busiained. That ary servitude, except me, feof the party sill been duly couyicied, spall OXist within the United Siates or dd¥ piace subject to their jurisdic. ton. Conyress shall have power to eniorce vais article by apuropriate legisiation.”” ‘the iirst secon of tie amendment stmply @bulished stavery wherever it ten existed in the Untied States, and erecied a constiiutionai barner agalost its Contiaiance or rene wal, ond this only, ‘rhe secoud AUK gTaAnts,to Con gress tic power to enforce ive first segtion vy prop er legisiation; and shat is shupi¥ authority to enforce te avontion of 38 SUCH ACig Ag w f 8 within tho United States should be held in siavery or invoiua- ta ervitude by another. Under such a graat of power, aud for sach purpose only, Couzress uuder- 8 to reguluie the laws of contract within the ptaves, by de Laring whoshail have the right to ma aud enforce coutracis; to promote the ruies reg ing the right of acaun, so far as to deciare Wlio shall be parties to suits; to cake control of wie laws of cy.deuce 30 Lar as to declare who shall be witnesses; ty coutrol the laws oF 1neritance, pur chasing, sellin, holding und couveylag real and personal property; to reguiate Ue matters of pu Isimeut, Daius and penailies; to exercise: the novel aud startling right to punish a State judge by sen- tence, belure a federal jude, to ine and Liaprison- ment for any error or mistake by tie State judge within the opintons of the federul judge, wherepy Soy inbabltant of a State or ferritory ts deprived of any of ihe rights secured or protected by the act in | question, and to ailord “reasuuable protecuon to all persons In their constitutional rights of eaualily beiore the law.” It is tusisted that all these mat- ters provided for in the various sectious of the actare foveign to the scope and meaning of the Unrteeuth amendment, and that the enfurcement of nove of the rights declared by this act is nec sary “or appropriate” to prevent the existence of slave! Un the part of the governinent it is urged that the powers of government are never construed Sirictiy, Ul, on the conirary, liberally, to eifectuat the dads of governineut; “and it ts iutimated that the theory of tne act is that a class of citizens cau- not be deuied some or ali of the fundainentai rights deciared in the first section of the act aud yet be free. Atthe ume of the adoption of the amend- meut {t was everywhere conceded tiat the righ enumerated in the first section of the belonged to these who were formerly slave: and in the enlighiened judgment of man- Kind such rights were essential to thelr full and pertect freedom. A denial of civil riguts is tn- cidental to slavery, In the slave States, prior to tre adoption of the eudiuent, Lt had been deemed essential to the oer vation of slavery tiat none of that race should be admitited to testity in the courts in causes adecting che white race, The denial of all the rights enumerated tn this act had no other foun- dation than tn the policy which made everything atfecting the colored race subservient to slaver The denial of the right to testiiy was also in the ii terest of the masier, Such disabilities are Incom- Patipie with the condition of freedom, and the etlect. Ol the act was to remove them, and thus \tspoxe of ad the aud abolish a necessary incident of slavery real balwark of the institution when exisung. UNITED STATES DISTRICT COURT. A Lager Beer Case—Suit in Rem. Before Judge Blatcnford and a Jury, The United States vs Twenty-three Kegs of Lager Beer, Owned by Conrad Stein. --Defendant was a brewer at the corner of Fifty-seventi street aud Tenth avenue, The beer in dffestion was seized for alleged violation of internal revenue law, and at that time @ bond was given by defendant that ho would abide the judgment of the Court if the de- cision went against hun and pe, the ull value of the beer, ‘The jury found @ verdict for tho defendant. SUPREME COURT—CHAMBERS, A Lawyer Trying Law on His Own Acconnt and Getting Mulcted in Coste. Before Judge Barnard. Thomas M. Tyng vs. Matihew Baird et al.—The PlaintiM sued to recover $330,000, as commission for the sale of locomotive engines through a period of two years. This sum was, in addition to $30,000, paid to the plaintiff for similar service during the same period, The case was heard before a referee, and on the platntif’s own testimony an adverse re- rt was rendered. The report came up for con- irmation and extra allowance in favor of defend- ante. The Judge granted an extra allowance of $10,000, and im doing 80 remarked that he would avail himsel? of every opportunity io diecourage snits having ne justifiable basis for prosecytion. lo this ‘case the plaintim, he continu was tlawyer, and ought to have known whether there wag eufll- se of action to bring @ sult sisowing the suit was lismineed. rn ee Dr. Gwynne's (the Bigamis:) Move for a New Trial. Inre Dr. Gwynne,—Av application was made to- day for a writ of error in the case of Dr, Gwynne, re- cently convicted in the Court of General Sessions on & charge of bigamy and sentenced for five years to ind of the aT Shoget detest in the muletment charging. bigamy. The ication was granted, which will have the effect to bring the case before the Supreme Court General Term for review. _ Decistons. By Judge Sutherland, r Annie Appledy vs. Remsen Appledy.—Reference ordered to ascertain and report the proper sum to be allowed as temporary alimony and for counsel fees, Order to be settled on notice, Rosalie Gil vs. Owen Gtll.—Report of referee confi judgment of divoroe ted. GoDante ee al ee Wells.—Detault set aside on (ao of ten doilars costs of opposing motion, jus beaetuied on notice, t if entered to stand as eecurity. Order to ‘udd vs. Boyd et al,—Order refused, ‘The ae “a Dunderdale vs, T, E. Ireland, er . bg ary Gailinger vs, Simon Gallinger.—Referred back to referee to examine the plaintiff, defendant and such other persons as the parties to this action Suits teresa me haa a7 By Judge Burnard. Theodore Jevvey et vs, Henty Hart et he Mojion for receiver denied; default wot aside. bc. o lewaliy exacted, ana | Mo2us vs, denied. Biltiags va, Meigs et al.—Motioa granted aad relorence ordcrod, SUPERIOR COURT —SPECIAL TERM. Decistona. By Judge Freedman. James Rowe vs, Salinon & Stevens.—Order granted. The Bank of New York vs, Thomas Lynch.—Mo- ton denied, with $10 costs to detendant, to abide the event 0! tho action. B, S% Cham vy, Sarah 7. Greggory.—S Opinfoti With cleric, "Laas ont nin Richard Shiels ve. James O'Brten.—Same, Moses Goldstein vs, The Grocers’ Fire Insurance Company.—Order granted. Peier Pallman vs, bernard Clarke,—Same, x holes Conner . 1aylor.-—Sane. fohn Koss v8. Lorenzo Weikers—Sani Phi F, Waking ys Win, &, Earie & at.—Motiof i Toe 4, Bucher vs, Mark 2, Bendatt,—Order By Judge Jones, Rosa F, Raimaforii oval Insurance Cons PMY OF LAVETLOU—) ALG OF COMBED AB tO SEE tement of case, : ‘ ee ey “ Superior Court, Owing to repairs in progress in the Snperlor Cour Chambers, parts land 2, there will he no sessior in either of these courts uuu the 20m of Mare: Next n iy SUPREME COUAT—SIACUIT. Two Stonmers that Did Not Go to South America‘and ‘fwo Sults in Consequence, Before Judge Sutherland. MoLeon @ Lin's,—The plaintiff sues 2,000 for services In superntending the buliding of the steamers Varra and Manuel Marrillo for the defendants, These steamers were intended for in- im Cotombia, South America, but ther destination one w + other condetas r 5,000 dat fu falling to bulid, as aveyed. the steamers eceord- lag Lo contract, The Case is shill Oa. SUPREME CU CIAL TERM, The Suit About the ticfman Mouse Leases. Before Judge Ingraham, James L, Mtlchell vs. Cussi 8 Re land navigatte: ie be: ~—This ts the old suit regarding leases of the Homman House, the facts of which have been f-equeutly reported, tl The litigants were partuers In keep! hotel, The Gefendant, ib 18 adeged, procured & keuewal of the jease in his own name, which the pliinuit clahas should bave becn Oblutied Lu teu joint names, aud hagniee Urls Bult ‘The taking of testimony Was Unished yesturday aud swuiimiag Wp postponed Uli Friday. COUAT OF COMMON PLEAS—TRIAL TEAM—PART 1. A Loose Banking Transaciion—The Bank the Sullerers. ve e Judge Locw, 2 2 National Park Nank of Be » T Aaron Ashe Fork Chty April last he deposited £5,050 in the delendants’ bauk and received credit for what amount in nis bauk Look, Gu the Jolowing moratug he recetved notice that the deposit was short $1,000, and when he subsequently drew his check agatast the amount be was reiased payment. ‘The piaiaiii’s tesuimony showe thatthe money Was counted by Mussel aud Mr, sicAdam severai Umes betore he Geposiied tt, Gud they found the package to contatn $6,960, The deivace Was that plalutid Went away frou the bank without waiting to have ms iouey counted; thas i was cusiomury lor ail banking houses im New York to make en'ries in the bank bovks oi their depositors in accordance with tie Fepreseutations On tie depesit Lexets as to the a@nounts of tie deposits; that the money was sub- Bequeutly counted, and that Asher had Boule of this. custom, The defence proved by the olllcers of the bank that we 8 found the deposit short $1,000 Imme- diately on Asher leaving the bank, Tae jury found @ Verdict for p.aimuil of $1,u00 4u Adjournment of tue Court (Part 1) for the ” Torm, In consernence of some improvements and altera- tions to tke court room, which will occupy a weck or two, Judge Loew yesterday adjourned the court forthe term, All cases set down for tne present term goon to the Macch term, wiich Will aso be held by Judge Loew. COMMON PLE. ‘RIAL TEAM—PART 2. An Exenvating Accident. Before Judge Joseph F. Daly. Samuel D, Horton vs. Patrick MeDonald.—Plaln- tif in this suit brings an action against defendant to recover damages for allexe. mjaries which he says were susiained by him through tue carclessness of the latter or his servants. About a year since ‘lant was aiterimg a house in Carroll piace, ker street, convorting the basement into & io effect this a large, deep excavation, avout ‘This adjoured a New sivre, ten jeet ta depth, had te be maue, the sidewalk, aud on it ewrth and stones were gath- ered up in a heap. Piaiatit claims that on tie evening he met with the uocitent he, passing this place, web a boy whom he tied to turn a itile towards the right. In 80 attempting he stepped into asmall excavation, and wereby met with the Injuries which caaset him to be “laid up’ for a period of ve months, and he still suifors from the acciuent, Prooi was further given tnat there were no iights or protection at the excavation ac ine ume the accident happened. Plaintit claims $3,000 dainiges, Case sill on. COMMON PLEAS—SPECIAL TERM, Decisioun. By Judge Robinson, Mare vs. Cromwell.—Injunction dissolved, with ten dollars costa, Ochs v’, Leland et at.—Ordcred on short calendar for Friday, February 24, Wood vs, Murray.—Order denied; sult is not for fine or penalty, Lockwood v: of property converted, Norwun vs. Redington et al.—Motton for reargu- ment denied. AMdavit does not state value McDonged v3, Titus.—Motion dented, with ten dole MARINE COURT—PAAT I. A Case of Hard Swearing—The Defendant Arrested for Perjury. Before Judge Joachtmsen, George Strauss vs. Tursman Frank,—The parties to the action are slaughtering butchers, The platn- tf testifed that on the 6th of January, 1870, be loaned to defendant his check for $386, which check ‘was then paid over by-defendant toa cattle dealer of whom he hed made a purchase of cattle, The cattle were then killed in platntif’s slaughter house and the hides and fat turned over to tun by the defendant in part payment of the loan, Defend- ant denied the whole transaction—the loan, the urchase of the cattle and the delivery of the hides, C.—stating that platnuid'’s evidence was entirely un- true and that he owed him pore Oa rebuttal some five or six witnesses were culled who fully sustained plaintif’s. version ef the case, some oF them being present When the check was loaned and the cattie if, @ud others when subsequent promises to pay the balance were made by detend- ant. On the evidence being closed defendant’s coun- sel refused to go to the jury on his cilent’s behalf and the case was submiited under the charge of the Conrt, The jurors, without lenving thelr seats, ren- dered @ verdict for plaintiff and the Court turned the defendant over to the custody of @ deputy sheriff to be takeo to the City Prison om the charge of perjury. Decisions, By Judge Joachimaen. Fridenvberg vs. seni, on Voutract.—Judgment tor Piaintu? for $151 and costs, and twenty-tive dollars allowance, Wetlmer vs, Flecke.—Order resettling case. Havens vs. Gross.—Referred, Fuzgtobons os, Hart,—Referred, Thorp vs. Lowerre.—Complaint dismissed, Alt vs, Schoening.—Complaint dismissed, ing.—Complaint dismissed, LZ ve, Sliter.—Assauit and battery. Verdict for plaintiq for twenty-Ave dvilars, J ae cordingly. Mount vs. Harrssol jaiutit ae, n vs. Stuayt,—On contract Jt aoe Serene eae on rac vialntit for ‘$007 an costs and $25 all aa Juagment for plaint Tor $408 SY and cost ga lal an allowance; devakents jas Pre MARINE COURT—PART 3, ‘Theatrical Managers in Court, Before Judge Curtis, McLawee and Another vs, Kelly @ Leon.—Tois action was brought by the plaintiffs to recover on a Promissory note given by the defendants to plain. tifa under the following circumstances:—At tho Ume Kelly & Leon went into their new theatre on Broadway they contracted with plaintitts to pat in Tunning some time and not being abie to maxe the theatre pay, Mr. Kelly went to the plaintiffs and arranged with them to take Dack ‘tho txtures ae What they were reasonably worth, iy reduction of Garrison Mining Company.—Motioa | bd note, PlatntiMs claimed that the fixtares wero ‘The plant claimed that on tue 2510 of | TUESDAY, FEBRUARY 21, 1871.—TRIPLE SHEET. aimuged 39 as to be worth not more than $25, Whereas the defendants claimed that they wera worth at least $400, and desired Wo have that amount Sppited As sel Off against the note. The gasiiters of two broadway theatres aud other experta were examined as to the value of gaa Oxiures wich had ‘Od use for three mouths, ws were those in suit. Court gave Judgiaebt ior the plainuil for $4v0 and costs: COURT OF GENERAL SESSIONS. Before Recorder Hackett. ROBBERIES AND LARUENIES, VERDIC Dy Assistant District Attorney Sullivan avpeared for the prosecution yesterday In this court, Edward Maloney (® youth) was placed on trial, charged with Knocking down James Riley (a stal- Wart man) on the 3d of this month and robbing bun of twenty-niue Goilars, Mr, Hummel was assigned examined the GoMpiuinant as to bring owt the fact that he was very much imtoxteaie!, The Jury prompuy rendered a verdict of not guilty, —, > George Henderson pleided guilty to au attempt at buiglary in tie turd decree, the idicunent ¢ Ing Gat sp ie ea Nst he cilePOd The Apar iofin York, 241 Muiborry sturcet, The oileer thé “prisoner, and fouud a bundle of keys in lis pocket, ‘the Kecoruer ew es to the Stace Prison for two years and six mon award aont Wao Was jointly tidicted wit John Kane, charged with rovony Wm. A, Christison on the might of the 22d of Junuary at stockwell's salooa, corner of Sixth aveune and fwenty-eigh th Street, of a stuver watel, adiminond ring aad ten dol. lars in money, Was conyieted of petty larceny from the person. “The jury took a very mercitul View of the tostimony, aid Kecorder, in passtig sen- eg sald Ghat he by Hoyt te be gatity of robe Nis ionor so 4 him to the stata Prison for (wo Later day Mr Howe Kune peal wuiit¥ to Lue Ininor vilence, and be Mided Briday, bdwa Was tried sud convicted of robbery In the Uret dew he baying @sauited Vrank A. e lutit iat, aud took Tiom tis persou a sliver waiell, & wales, containin, thi ty dollars, @ud a har, coumpkuant pursue Ritey aad was joined In the chase by potice otticers, Who Cuuyithim, ke hed the iat M1 lis possession, eu ‘ofice found te Watch within a few pet ol where the arrest was made, ‘the Jury rendered a vera, ving their eRe Bail seals, wd 5 Unit, as he Amew noi dl sen Wout ais. A Lew winebody eommanieated vie Honor Laat & been out of tie State ison tei days. : x reularked to the jury (utd ve knuwn that bef he would Thave went bid tu Siag r bweniy years, ' i mith, Charged with Aut ChANS OM LOG ZILA of Jui » Hie property of Willlain ¢mek, which were con- tulued iu a stow case, were convicted of polly lar | cevy. “they Were cuca seat to the Peulleatiary for 8X lonihs. Saiuuci Cann, a boy, who was implicated in the comsunssion of & buglary Upon the premises of Leos oid Moskowlw, 160 uton sireet, where $200 Worth Of Cloting Was ptoicn, pleaded guilty. The Aevorder seat hum to the House oF Keruge. Jou Godirey Was Qied on a charge ui receiving ng peared irom the Lestimuuy (hat OL Wie Zud OF September the premises of August Schenke, No. 9 liver street, Were entered and $000 haiveiotn aud damask sivlen; that detec- a Me some Ol the the defendant, in . ana ing eeryQun Inguictes he deoted ail suowle ge oF 3 Pocepuon. His pooks slowed that oe bougiit tue godds tor seventy dul- Jars, The jury, ater cousiucrable talk, rendered , (rong the ioremauy—"We give hin t and ind him bot gullty.’? : * tur to day:—ihe giund larceny; sume vs, wlary; Same strong, feiomous assault a ba Frederick C, Lewis, MeAutife, grand la G0; Suu V5. Velen Vs, Folin White, Join Wilsen, do, Peter Maxwei, Go. Suristiag Wuest, » Daviel Brown, do.; Same vith, dos; Same vs. George , Jaues Walsh, do; Same vis “COUNT CALENDARS THIS DAY. OYER AND TERMINER AND SurremE Court--Cm. cu t 1l—Held by Judge Sutveriaud.--Ccoae i tem A. Nos. dll, 2.99, 255, 61, 41, 2h, Ti, 55, WY, 101, 1u4, 51, Heid by Judge Brady, Opens at TERM-—Hle! ast ten Ay Lob, 183, 146, 14d, 149, 151, 154, 153, 169, 104, 1.5, 166, 167, dus, 169, 170, Io, dy 1 4100, Lol, 2 ML. ScrremMe CourT—Crampengs—Held by Judge Bar para, —Ne Cowon PLE Adi Dr Call, Part 1 sd tor tiie tern Held by Judge Loew.— } COASEQNEnCE OF Fepairs to A % 40, 1» Ui2, Gas, TZ, %, eid by Judge Larremore— ¢ Ud, 6178, 5, Bist, 5192, HUI Judge Curtis, —Nos, 4044, 6165, 4869, 47%, 4979, one 800%, 4871, 4363, 446, 4902, S044, Part 8—Ileid by Judge Tracy.— Dos, 5660, BANKRUPTCY. 5609 6802, 0303, Sith Consiruction Upon the Statute of Limitas tions—Lmportant Decision by Juilge Blatchford. John Sedgrintck, Asstgnca tn Bankruptey of John M, Berrian ank Cornelius A. Berrian, vs. Henry A. Casey.—Yesterday Judge Blatchford delivered his opinion tn the above case, la which he deciles that an assignee In bankruptoy has a right to sue @ party owing bankrupts money for services rendered by them, the compensation being bused upon cer twain profits derivabie from business, The defendant pleaded that tho cause of action did not arise withia. two years before the commencement of the sult; but the Judge holds that us ca8e does not come Whhin the Becoad section of the Bankraptoy act, which provides that no sutt at law er in equity ig maintainable by an assignee appoinied under that act against a party claiming an adverse inte rest regarding properly ox rights of property of the baukrupt transierable Uo or vested 11 the assige hee, wuless the game be brought witutr two years from the cuase of action accrued to the assignee, He bases this decision on the fact that the plalatig’ does not claiin an interest adverse to any property oF rigit of property transi erie bie to the assignee, ~* had DECISION, This ts @ bill !n equity to recover from tho defend. ant money alleged to be due to the planuu? on an asset Of tue bankrapts to pay (hein as salaries for their services, a8 certain porugus of the nett profits which should be reaiized from the business carried omby the defendant, aud in presenting which the bunkrupts were so employed a3 clerks, sach paymenis to bo made 4s soon after the determination of thelr clerkships as there should be funds snficient to discha:ge tie abilities of the business and pay such profits, The agreement provided that bankrupts should have no tnierest in the stock or property of tue defeud- ant’s business The bill prays for aa account by the defendant, he haying ail the books and papers from which such prodts can be ascertained, and for a discovery of such bouks aud papers and for the payment of. what shall be touna due on sach ace counting. The deiendant pleads to the bill that the cause of acUon did not accrue within two years be- fore the commencement of the action and tuat the detendant did not at avy me within two years alter the cause of action accrued to the plaintit agaist the defendant make any acknowledgment or promise to ceme to any account for, or to pay or In any way aan Cie ape ny ses apr or sums of money for or by reason of any eged in the bi. ihe plea of the io bd STATUTE OF LIMITATION * 18 evidently supposed ty be warrauted by the sec- ond section of the Bankrnptey act, which provides thal no suit at law or in equity shall in any case be maintainable by an assignee in bankrupicy against any person claiming an adverse interest touching any property or riguts and property ef the bank. rupt translerrabie vo or vested in such assignee, in any court whatsoever, unless the same shall be bronght within two years from the time the cause of either occurred for the ee. ‘Tile suit does not Sali withia the provision, It is @ sult merely to col- lect a debt or enforce the jomoeery of money dae on a@contract, ‘no plaintit ee man fo adverse to the defend: Oy or touching any prepe: or right CA arty the bankup transterabli to or vested mi the uu as their assigneo; nor does the defendant claim any interest adverse to the Plamuid in or touching any propery nt of Lo gah ai defendant claims no ownership of or title to debt or contract, which the piainuf is enforce against the defendaph to any iC _preperty, or right of property, a3. having te him by virtue of his é Take gewcdar slang nee aa, any the defendant claim any ownership of or title to to bapkrapte, Specific propes he timo taxeu of twe contro of two years applies only to such Moreover, 1 applies versles of which, by the sane second recat. Circuit Court of the diction with the Dist: The Circuit Court of otal an tho. delendane fens bill within twenty days, What Conatitutes an Act of Bankruptcy, Walace and Holtingshed vs. James 0’ Hatloran.— This 1s @ case of involuntary bankruptcy. The Plaintiffs, who carry on ousiness in Warren street, Bn has concurrent juris- t Court of the same district. this district weuld bave no juris. The plea is overruicd, with allowed Lo answer the claim detrei bted to then in the | while on a voyage from Caalz to New omg BEF Ros be ne | before Commissioner Stitelds He had bee! has committed bankruptcy under the thirty-ninth | how ‘gave section of the Bankruptey act, by fraudulently sus- | Menday uext to take bis trial sum of $3,370 81, and their petition states that by the Recorder (o dosed the boy, ai) so gros | £ pending the payment of nts commercial papé® wi'hia f en devs after the «ave had mati The defewdant demes tue wiew tious made in tl petition, aod the question thy jury had to Uy ie Whether he had committed tus owakruptey, ag, slated. \v appeared on the trial that the petitioning’ hole of the brane graces i Pe Soa rupt for $1,400. Furs evilenes was gy that to bankrupt, eariy in Juve iat, paves ‘des mand note to his brovher Vatriok, who worked for hiro, for $4,700; that th» fow days after ihe note was given Patrick pued the banurupt In the Site pertor Court on the note and obtaine! & judgment, and that in execution Was issued Wuder Which the. Sheri levied upon two stores of the bankrupt in Tenth avence. The bankruyt testified that he owed, Ciadin & Co,, Neely & Co, Kichards & Co, and others; bus he testhied tie ladu’t the alighvest ine tension of preverrmng Patrick, ‘the jury, w the afrection of the Court, fouud @ verdict adjudging pina Dinkrapt, ~ ny fi et ‘Aétion to Recoyor Custom House Duttes— “d fudlclat Rebuke—important De- cision by Jndge Blatchford, Tho United States va, Seigmund Uliman.—This caso has been already in part reported ip tha HERALD. The government seck w recover, in thd United States Circuit Court, trom dir, Cilman, eny @aged in business in this city, wbout $500, Lore | and Interest, fur customs dates, in the month of March, 1809, the defendaut tuportéd by the Deutotty land, from Germany, & quantity of material known as “Dutch motal,” worth sometitng over §1,00 ‘The duty on tis, at ten per cent ad valorem, came t $160, which the defendant pald. But subses, quenily the government oiiiclals discovered, that, just before the importation ta, ques’ on, an act of Congress nai been passe: declaring that the ad valorem duty om Dutel metal had beon advanced to forty-five per cent, and they now acek to compel the defendants to pay the Ancrease, giving him credit fur tie amoant be had paidin the first instance, The only question the jury bad to determine was whether we imported article Known a3 Dutch metal, which 13 an alloy, came withla the meaning of the act of Congress. Yestervay, at the sitting of the court, Judge Blatchy ford proceeded to deliver mis charge to we jury. A ‘0 THE DISTRICT ATTORNEY=< JCKT THE SULE JUDGH OF TUB LAW. ‘The learned Judge, as will be seen below, ads Diinistered a severe rebuke to the Distitet Attorney. He spoke with great carnestaess und animation, He said:—Now, gentlemen, tt 19 necessary that shall plain to you, aud you must acvept aad tak it from the Court as matter of law, ho legal cone struction of the act of Congress wader which thig sum of money 1s claimed to be recovered by the government. if is your duty wader your oaths nut merely lo give @ Verdict acoordig tO Ute evidences Pils lo ue evidence under the law a3 explained to you by the Cours. 1b is nut for you to Gonsirue the law yourselves. I speuk upon this subiedts KechUse 9 “stoug appeal was Baad? to you kn summing up DY ">, , “ vhs r bh ae DISTRICT ATTORNEY, “Ge as io what construction yuu, geuticmen of the jiyy BlOUld pul UpOd thin law. Lt is gob your busmess Wa pul aby Construction Whatever upou tue law. 1b We busiacss Of tae Court to do Giak; Bid It Would be aa right and proper, a4 Comsvoant with the ad- mnlaistration Of justice, fur the counses for the de fendani to appeal to you to consirue the law ta one way because you are in favor oi a iow aril as for the ccunsel for the government ty apyeat to you ta construe the law in anotuer Way as adVocaies ol @ high tart, That Nas nothing te do with the Bubs ject. ‘ihose considerations are considerattons that arose in Congress 1a the eusctineut of the law. ‘Tucy have notniug to do tn a court of justice, much Jess have they to do With the funclions of tue juryy And, genuemen, tits principle wiiwa [ speak of strongly in tis case, because of the character of the audres made to you by the counsel for the gove ernuient appeuung to you lo construe tis law, speak strongly lor Unis Feasuu, baat iC 19 Lis result ¢ GHB CON ‘THATRY WISDOM OF COUBIS OF JUSTION and judges tor ages auder tue Ang 0-Saxon syste that the law must be takeg froin the Court Ane why, genuemen? Because, unless you do that you KY ® gricveus Wrong to oue side or Lo che other 4 fi ° je Controversy, AS in this case, if the Court shoul lay dowa the law vv you in oF ay Bud You BueUi construe the law in another way, aud your verdic! slouid be agalost the defe ft, ke would be utieriy without remedy, because sirued the law to a my able to the defendant, and y construed it in a diive.ent sense. ri have no remedy against tie construing of the law wy the jury, but he can have a ie agaist id Tie deters erroneous coustruction of tue iaw by tae Cour And, therefore, It 13 that 1t has been neltlgd unde, the jurisprudence of the eariest Woes, oe UNDER THE ANGLO-SAXON § that the jury mast take the In civil cases always tn ult In ertuaina en also in the courts of the Umiied Sistes, from the Court, So, gentiemen, i¢ is your high and soleron duty, under your oaths, to try this case Upom the evidence under the law as it slull be ex pounded to you by the Court, If the Vourt expounds the law wrougfully, tien the party who consider himself aggrieved by suco constriction has a clear remedy, bul of this reuedy one or tie other pare must be deprived if the jury do not ike the iaw the Court gives it Wo them but construe It in ge: other way, TUB APPRATSEMENT OF THE GOODS. In reference to tue manner in which te good: Were appraised the Judge made the following red mar’ There was, in the first place, a Mr. Spizer, @ governuwht witness, Wio had something to d With this case in the Cusiou liouse, Mr, Spitzer never saw this arucia. The geuteman who saw tid article and examined {t aud made tie legal a) praisement of it was Mr. Sac ter, Who was ni culled as a witness, Mr, Splizer the gentiemi) who went through this very remarkable species of appraigement, utierly unkvown vo the law of the inited States, of APPRAISING AN ARTICLE WITHOUT SEEING IT, 4 on which these other gentlemen eigned Weir named to @ series of papers - * UTTERLY WITHOUT THE LAW, and having nothing to do with the case, ee it seems, reported on tins article, altered, his report aud went through afi tho perfermance Without seeing lt ail lie had seen Dutch mei, what it was generaily, oni he had not seen tod orucie in particular laported in this case. Tad question Was Lever submitted to bim until the 1stlt of June, it having been exainined by Mr. Sack+ renter on the 16th of April, the time Mr. Banscty signed the report. —* * ‘the jary then retired, and alter somo deliberation found & verdict for tue defendaut, establisbing thi fact that the “Dutch metai” did ut come Within tu meauwy of the act of Vongress. THE SHIP NEPTUNE CASE,: - Contiuuntion of the Examination inte thd Charge of Crucity Against Captain Peabody and His Mates. i ‘This case came up again for hearing yesterday in the United States Cominissioners’ Court, before Commissioner Shields. Captain Peaboay was pres- ent, as also the mates. They were represented bj Mr. Robert Andrews as counsel, In reply to @ question the Commisstoner sata thé witness Reiss, who had been examined and partly cross-examined On Saturday, was not in attend ance. < Counsel for defendant satd he was very sorry thas’ the witness waa not present in conrt, as he desired! very munch to finish the cross-examination. Counsel observed that he was forced into tuis vase in the absence of Mr. Beebe, who, he had stared, could not attenu. Yet the District Attorney tusisied, and thé Commissioner agreed, that the examination of ong, witness should be fluished before that of another ba taken up, and that all the witnesses except tho ond under examination should leave couit, If tue wit Deas, Relss, could not ve brought here to-dayy for the purpose of co mpleting nis Cross-examinationy he ( desir urn the case unui he) could be broague y 0 8ay, for tne benede of the reporters, that they mignt kifow—and the! Mr! knew tN gap are after Captain Peabody ie! court 01 Pe mrcay afternoon, abuut a quarter to juree o’clook, he was arrested on a warrant tssved! from pret e toctote > on man Loe erlirs oF nd threatened be taken fo jail, if Mr. Reiss could ee Warranta outin that way he should be liere to be examined, Teprowentative of the District Attorney sal Dere if right means had been! . om! net—It is @ mistake on the part of we al. he officer wito was to have brougns lown had. to attend to other business, The aimeulty is thas bop s in the hospitaly Not under control of tue Mu There ia & wite © ness Leg a a wade unoter bnapy’ Counsel for defendants preferred finishing xamiuation of Reiss spfore taxing up another’ Witness, He desired further to say, Jor the Of the reporters, that the case iu the Marine Coui by Reiss against Captain Peabody was this @isnussed by reason of the apa-snpoaranes of anes The Commusaioner then adjourned the furth hearing of tue case to thiy morming a twelve o'clock, The Case of tho Old Coleny. fs Captain Grindle, of the ship Colony, who i¢ charged with cruel and unusual Punishes o¢ twa of his crew—Romon Raa and Franco: Prank—~/ Yort, appeared. M arrested on a bench wand. bail in the sum of $6000to appear oo