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NEW YORK HERALD, FRIDAY, FEBRUARY 16, 1872.—TRIPLE SHEET. . THE NATIONAL FORTIFICATIONS Are We Prepared for War with Great Britain or Spain? AGlance at Our Sea-Coast Defences—Their Lo. cation and Present Condition—How to Pro. tect Our Harbors—Torpedoes vs. Iron- Clads—The Work of the Engineer Corps During the Past Year—The Proposed New Batteries and Modifications of Existing Fortresses, WHAT SHALL BE DONE ABOUT IT? Wasutnaton, Feb. 14, 1872, ‘The coast line of the United States, comprising ‘the territory bordering upon two oceans, the Guif of Mexico and the great lakes, 1s of such vast ex- tent that for many years to come large annual ex- pendicures must continue to be made and many new defensive works erected before all of its rivers and harbors can be pronounced perfectly safe from hostile atrack In time of war. Fortunately a begin- ning has already been effected, and considerable progress made in the work of putting our principal seaports in @ state of defence. In the present eritical state of our relations with. England—the greatest naval Power of the world, trustworty in- telligence respecting the condition of the fortifica- tions at these points vecomes of great importance, not only to their immediate residents, | but to the country at large, The latest information accessible 18 contained in the annual official report of Major General Humphreys, Chief Engineer of the Army, which was commani- tated to the two houses of Congress at the beginning of the present session, and is now passing through the press at tne Government Printing Office in this city, That portion of Ure report whici 1s devoted to the Bubject of coast defences occupies so much space tat, in order to lay it before the readers of the HERALD, it has been necessary to pring it Into some- what briefer compass. in doing this, however, care has been taken to retain ali that 18 really interesting and essential to a full comprehension of the subject, The repors opens with uu accouni of the conclu. gions which have been reached, from experiments made since the war, both at home and abroad, re- Bpecting the proper priuciples of construction of de- lenaive works, introduction of a ney system was rendered Decesvary by the increased size of orduaace now used on shipboard aud the general adoption of 1ron-ciad War vessels by ali the prominent maritime Powers, The principal points may be summed briefly up as follows:—Pirst, confining the new constructions to powerful barbette batteries In earth and sand, thoroughly protected by Wwaverses and parados, and modifying existing barbette batteries so as to bring them to the necessary standard of strength and efficiency; secead, to substitute (as far as practi- cable) depressing gun carriages for those that ex- pose tle armament ant cannoulers above the para- pel; third, to make liberal use of heavy mortars; fourth, to employ torpedoes as accessories in the deience of the chanuel ways and approaches to the harbors; filtn, to use obstructions and floating bat- teries to retain the enemy betgre the guns of the lit- toral batteries; and sixth, to use in the batteries the most powerful guns of modern urdnance, CASEMATED WORKS, In the preceding no reference has been made to casemated fortifications, and there 1s at present no Ancenuion On the part of the Hngineer Department Ww recommenc eitier the modification of existing Casemates or the construction of new works of this kind. But it 18 Important that some guns at each ol our great harbors be protected by casemate cover of some Kind, ‘fo learn what mariume countries Were doing In this parucular, and especially the extent tu wich iron had been introduced into their additional sites for south batteries and to p heavy artillery at an expense of $75,000, INDRPENDENCE.—A plan prepared by tne | for the moaification of the & rearrangement of its varbette thickening of the parapets, construc- tion of new breast-neight walls ana the preparation of magazines, traverses and gun platiorms suitaple Jor heavy ordnance, will be carried to completion during the present year at an expense of $60,000. BETWEEN BOSTON AND NEW YORK, (In charge of Major G. K. Warren, Corps of Engl- neere, Fort AT CLARK’S POINT, MASS.—Was built for the protection of New Bedford Harbor, It is a case- mated work, and 18 completed with the exception of its barbette battery over the casemates, he Hoard of Engineers have recommended that at present nothing further should be done to 1t other than to preserve it {rom deterioration, and that an earthen barbvette battery lor twenty-six filteen-inch smooth bore Seeaaielens rifled guns be erected on the hillin rear of the fort, Amount of appropria- ton called for, $40,000, Bea-coust deleuces, Colonels and Captain Michie, of the Engineer Corps, were went abroad last year, and their report, now in press, contains valuable iniormation. TORPEDOES. The use of torpedoes and of obstructions in the channels leading to our seaports will be Indispensa- dle in @ conilict wiih a maritime Power of any prom- Imence; bul they cannot be aed ed moored or managed without an inumate knowledge of the direction and velocity of the udal currents peculiar vo the localities. These considerations have led during the past year Lo & series of examinaions in our principal harbors upon the velocity and uirec- ton of the currents, ‘Torpedo experiments ha aiso been carried on, under General Apbott, at Wil- lett’s Polat, N. Y., ana considerable advance made in the knowledge of the methods of firing tuem and the law governing explosions of various kinds of powder under water, SEA-COAST MORTAR BATTERIES. The fire {rom mortars 18 an Important part of the fleience of our-narbors against iron-clads. The ap- propria tions of 1870 and 1571 jor the construction of Mortar batteries amouuied to $175,000, which it ts aesignued to expend upon the important ports of Portland, Bostoa, New York, Poiladeipnia and San Francisco, as foliows:— ‘ 4 mortars. $5,000 14 mortars. 34,000 . 40 mortars 80,000 + 6 mortars, 21,000 Ban francisco . » 48 mortars, 85,000 cts for the construction of these batteries veen prepared, and the work commenced at some ports. A further appropriation Of $100,000 1s recommended lor next year. FERTIPICATIONS ON THE EASTERN COAST, Un charge of Lieutenant Colonel J. C. Duane, Corps of Hugineers.) Fort Knox.—This work, situated on the Narrows of the Penobscot River, opposile Bucksport, 1s now nearly completed, no appropriation being ac pres- eut asked fori. it comprises both casemated and barbette batteries of heavy guus, aud ts designed to protect the city of Bangor and other towns upon je Penobscot, and to render the river a secure har- bor of retuge ior the shipping Of tne extensive East- ern sea coast. Fort PoraamM.—This work defends the entrance, through the mouth o: the Kennebec River, to the rich valley of tus river, the cities of Bath fod Augusta and the United States Arsenal ft the latter place. It has been Moished upon its gun frouts to the level of the burbette batteries, ‘The projects fur its completion have not yet been prepared, Noappropriation has been made for it Tor several years past, and none 1s now asked, Kon? GORGes 18 situated on Hog isiand ledge, and 48 one of a series designed to defend the harbor and channels of the important strategic position oceu- led by the city of vortiand. Fiiteen thousand dol- jars Was expendel last year in baliding magazines and breast-neigh: walls and compieung a new entrance, A Jurther appropriation of $20,000 Is Mecessary for its completion (whion, it 18 belreved, can be effected before the clese of the the coming fiscal year) and to place its barbette vrmament io position, NeW Fort PREBLE, PORTLAND Hanrpor.—Under the plans prepared for the completion of this fort lavor was cormenced in August, 1870. During tue resent yeur it is expected that the Work in and ad- joining tue Old redoubs, together with the exterior of the south battery, Will be completed. Four new traverses will be constructed and positions made ready sor nine additional guns, Amount of appro- Priation requisite for neat fiscal year $60,000, Fort SCAMMEBL, PORTLAND HARBOR, occuples & Most imporians situation, commanding four of the Principal channels. The werk of renovatiag It was commenced in August, 187), Duriog the present year the great magazine, most of the parados and the new arcnes tn the west bastion will be built, for Which an appropriation of $10),.0 1s asked. NeW WokkK at PortTLaND Heap.—it is designed vo occupy this commanding position by a barvette battery Of tmrty-four guns of aeayiest calibre, so arranged that ail the approaches to the main chan- nei of the harbor Will ve swept by some or ail Of Its guns, and an enemy's fleet prevented from taking Op a position behind bang’s Island from which to bombard Portland or shell ch ug in the har. bor. Jt is important to We salety of the city and barbor that such a fortification, extenor to tne pre ent defensive works, should be commenced at once, ud jor this purpose an appropriation of $42,000 15 recommended. FORT McCLaRY, PorTsmouTH HaRacr, N. This work is jocated on Kitiery Point, Mame, and, tm conjunction with Fort Constitution, opposite, forms the only defence tothe mouth of the Pwcataqua River and to the Navy Yard at Kitter It was commenced soon after tne close of the re- ForRT ADAMS, NEwrornt Harsor, R, L—The amount asked for unis year is $100,000, which 18 to be applied to the construction of exterior barbette batteries and to the erection of permanent quarters for officers at this port, Little has peen done dure tage past year except im the Way of ordimary re- BATTERY ON CANoNICUS ISLAND, R. L—On the site of the oid Dumpling’s Tower, where tne gov- ernment owns Ltipqe oa acres of land, it is pro- osed to construct a barbette vattery for ten fiteen- uch smoth bore or equivalent rifled guns, with Magazine traverses beuween each pair. ‘1nis bate tery will effectively cross its fire with the guns of Fort Adams Owlug to heavy rock excavations its estimated cost 18 $100,000, half of which amount will be needed for the next fiscal year. BATTERIES, NARRAGANSEIT Bay, R. I.—These are three detached barbette batteries, situated upon the summit of Dutch Island, near the western en- trance of the bay, and atiording emplacements tor forty filteea-inca guns or equivalent rifles. ‘The sum of $122,000 has been already appropriated by bei iy for them, and $50,000 adaitional is now culled for, FORTS TRUMBULL AND GRISWOLD, New Lonpon, Conn.—These two works, situaved the one upon the east aud the other upon the west bank of the River Thames, protect the important harbor of New London, Conn, Plans have been approved for the modification of the exterior barbette batteries, the first to mount twelve and the second niue fiiteen- inch guns, or equivalent rifles. ‘The, appropriauon required tor each 13 $20,000, tort HALE, NEW HAVEN, ConN.—During the pene year but littie work has been done here. Tnis ‘ort Was built for temporary detence during the late War, and Its object having been uccomplisiied 1t Las been dismanued, DEFENCES OF NEW YORK CITY. (In charge of Lieutenant Colonel John Newton and Majors Q A, Gilmore and H. L. Abbot, Corps of Enginee‘s,) Fort ScHuyier, East RIVER.—The modifications Proposed on this important work, which protects the entrance to the narvor of New York through Long isiand sound, are of such a character as to lit 1t lor the reception of ipe heaviest class of ordnance. Recent improvements are we completion uf em- placemeats ior four heavy guns on the cover face, the building of additional traverses, thickening of parape.s aud the construction of a new battery for taree siege guns of large calibre at the north end of the covered way. It 1s proposed to expend $100,000 in further improvements o1 a similar nature, Fort at WtLLeTi’s Port, East RIVER.—This work unites with Fort Schuyler in the deieace of the eastern entrance of New York harbor, ‘Tne operations for the removal ol obstructions of navi- gation at Hell-Gate render it even more important than heretofore that tus channel of approach to New York city and the Brooklyn Navy Yard should be put in @ proper state of de.ence. Appropriation asked for the next fiscal year, $¥0,000, vurlug the nee year an underground passage from the new pluit batteries to the water battery, 270 leet loag, bas been completed; the large storage magazine, de- signed to contuin 25),000 pounds of powder, together with six service magazines, nas been nearly fluished, and the parapet, containing emplacements for twelve Leavy guns, 80 lar completed as w be ready for the reception of the guns, if necessary. FoRT COLUMBUS, GOVERNOR'S ISLAND.—In the new barbette batiery eight traverse magazines have been built, the parapet partially constructed and excavations made for the terre-plein and for foun- dations for the eight rematuing magazines, Ap- propriation asked for, $70,000, CASTLE WILLIAM, SOUTH BATTERY, GOVERNOR'S ISLAND.—Notuing has been done at these worss during the past year. Fort Woop, BEDLOE’s IsLAND.—This work, to- gether with those upon Governor's Island, 1s de- signed to close the entrance to the Hast and liudson Rivers and to cover New York, part of Brooklyn aud Jersey City from the bombarament of a hostile fees in New York Bay. An outlay of $17,000 1s required upon it the coming year, Fort HAMILTON.—This work {s sttuated at the Narrows of New .ork harbor, upon the Long Island side. Until the question as to the use of Iron to cover guns Can be determined ho work 13 Droposed upon it, O:her thaa that necessary for its preserva. on. New Barrertes NEAR Fort HAMILTON.—These are earthen barbette batteries exterior to the fort, and constiture powerlul auxillanes to the defeuce of the Narrows. Appropriation asked ior tne next fiscal year, $40,000, FORT AT SANDY Hook, N. J.—Additional jetties were constructed daring the past year, the expense of which ($18,500) was defrayed trom the contingent lund. Upon the fort proper no work was dove, the watchmen belug the only force employed. Forr Wapsworra 18 situated on the Staten Island side of the Narrows of New York harbor, and is a large, casemated structure. No modifica. tions are proposed at preseat, and no funds asked other than Jor its preservation, —* Forr ON Sire or Fort TOMPKINS.—ThIs work crowns tue hill in rear of the open ba teries and other works on Staten Island defending the entrance Vbrongh the Narrows, acts as a keep for those Works, and when completed will throw a heavy lire from @ high elevation upon vessels attempting to pass belore it, Extensive repairs and improve- ments of a miscellaneous character have been effected during the current year, and a glacis mortar batiery situated soutn of the fort completed. Approy ation requested, $32,000, A ¥ HUDSON, STATEN ISLAND.—This battery, together with tose on the North and South clits, forms @ system of earthen barbvette forulications lying exterior to Forts ‘Tompkins and Wadsworth, and brings & powerful fire to bear upon the channel upto and through the Narrows. During the past year a place has been prepared for an additional uinber of fifieen-tnch guns and two service maga- zines nearly compicied. It 18 expected that we Battery Hudsoa extension and the return atthe lighthouse wii be completed and made ready tor the bew armament during the present working Seasou. Appropriation asked for the next fiscal year, $17,000, OKI AND SOUTH CLIFF BATTERIES, STATEN ND.—No alterations of importance were made nese during the past year. ‘hey may be finished according to the eXistiug plans during the preseat fiscal year. i FORTIFICATIONS ON DELAWARE RIVER. (In charge of Lieutenant Colonel J. D. Kurtz, Corps of Wngiueers.) Forr MiFFLIN.—This constitutes one of the inner line of works for the defence of Philadelphia and the naval estabiisiment at League Island. The appropriation asked for the ‘next fiscul year 1s $55,000, With this sum It is proposed to carry out a numoer of minor improvements, also to construct additional platforms for filteen-inch guns and to complete & mortar battery for six morvars south of the jort, Fort DELAWARE.—This work, situated on Pea Patch Island, forins an important part of the outer line of aefence for the Delaware River. New plat- forms aud magazines for heavy guus have been added, and other extensive improvements are in contemplation, Estimated expense, $50,000, Barrery at Finn’s Pornt.—The continuation of @ powerlul earthern barbette batiery for tus point, to form the left of the outer line of defences, has been delayed tor want of the necessary act of cession of jurisdiction from the State of New Jersey. This act will be obtained the present winter and, operations pushed forward the coming season. New Fort Opposite Fort DBLAWAKE.—Measures have been taken for the acquisition of the site of this barbette battery, and it is expected that active operations will be commenced in @ short time. Ap- propriauon asked for next fiscal year, $50,000, DEFENCES OF BALTIMORE AND WASHINGTON. (In charge of Mayor Wililam P. Craigaull, Corps of Engineers.) Fort McHENRY.—Fort McHenry forms part of the imner tine of defence for Ballumore and its environs, aud commands with its fire the interior waters of the harbor and the chaanels of approach thereto. A project for an exterior battery lor four guns of the largest calture has been prepared and an Sppropriation Of $25,000 Is asked for its commenve- nent. ip VAZARBTTO Pornt, Orrosrre Fort MOHENRY.— Tals work Will cross its fire with that of Fort McHenry, constituting one of the tuner line of defences of the narvor. It consists of an earthen barbette battery for the largest guns, Tne site selected 1s now the property of the United States, and an appropriation of $15,000 is asked for the commencement of the work. FOuT CARROLL, BALTIMORE HARbor.—This work 1s situated upon the outer line of defence, It 18 a casemated structure, and anttl methods of ar- ranging such works shall nave been devised no ex- woe 18 Droposed Upon it Other than for preser- ation, Fort Foorr, Poromac River, Mp.—This work forms the inner line of defence of the cnannel of approach by water to Alexandria and the cittes of bellion, but, owing to the adoption of the new sys- tem, 118 plan will have to undergo certain modifi- cations, No oullay was made for its improvement during the past year, but an appropriation of $75,008 is now called tor, FORT CONSTITUTION.—This 1s a casemated fort on the old plan, situatea nearly opposite the pre- weeding. No appropriation is asked for the next Uscal year, DEFENCES OF BOSTON HARDOR (Ia charge oi Colonel 2 Ww. coe Corps of En- gineers). Fort Waaeen.—This important fortress 1s de- signed to protect the main chanvel of entrance, and to command the anchorage of Nantasket Roads, It is a chsemated work of Ue first class, but requires extensive Improvements, in Waoich it 18 proposed to expend $160,000 during the coming year. ATTERY AT LOSG ISLAND HeAD.—This 18 meant to command the entrance into Bosvon harbor ‘brough Broad Sound, and its early completion 18 very desirable. The sum of $37,600 was expended upon it last year; for tue present year twice that Amount is needed, ~This work, with Fort Indepen- Fort Wixruno: dence, on Opposite sides of the main ship channel, Cousuiutes the inver line of defence ior the harbor @! Boston. It is armed with fitwen-inch guns, and he ¥ proposed during the present year to coimplete thd Mouiications already begun ww Wwe east and Washington and Georgetown, Tne projects for its modification and the erection Of an additional bat- tery ol the heaviest guns have been prepared and arrangements made for the purchase of ine site, Appropriation asked for the next Mscal year, $26,000, FoRT WASHINGTON, POTOMAC RIVER, MD.—This fort occupies @ position upon the outer line of de- lence of the city of Washington, and requires strengthening by the introduction of heavier guns, Pians for earthen barbette patteries uninediatel: north and south of the main work, for the mouil- cation of the existing water battery, have been pre pared. Appropriauion asked for the next fiscal Jear $25,000. ¥ORT MONROZ, OLD Pont Comrort, Va.—This extensive work occupies an important position, covering the approacn to Hampton Roads, the Ria? Yard at Norfolk, and the James River, During the id ast year airangements have been made to the work for the reception of weavy guns of ay gest size. Extensive repairs have been com- pleted and work upon the artesian well, which has already reached a depth of 900 feet, is avout to be resumed, The present water supply is insufficient, and it 18 important, in me of wi to have one which will be certain and unfailing. An appropri- ation of $100,000 18 asked for the coming year, Fort Wool, Hampton Roaps, Va.—this case- mated fortress unites with Fort Monroe in closing tho passage W Hamptou Roads crogslug its tire with the guns from that fort. «No further work 1s | contemplated upon it at present. ¥ROM HAMPTON ROADS TO KEY WEST, FLORIDA. dn charge of Major A. Gillmore, Corps of En- ‘ort MACON.—Is located at Beaufort harbor, N. Oy and is to be remodelled and furnished with a new * armament a Soon a8 practicable, Fort OAS WBLL.. 13 fort Was constructed at the mouth of Cape Fear River, tor the defeuce of Wil- mington, but to render that city secure an- other work 1s needed at the mouth of the new inlet, or perhaps at Orten’s Point. Pians for the modiile cation of Fort Caswell have been prepared, aud estimates of cost made out; bus unin the whole | subject of the defence of this position can be revised no Work 18 proposed, Fort MOULraig, CHARLESTON, 8S. C.—Operations during the present year will be iimited to the con- | traction of posittons jor channel-bearing guns, | With the requisite service magazines. An appro- priation of $40,000 18 needed, FORT SUMTER.—IL 1s not proposed to arrange this Work Jor casemate guns, but to slope off the mound of sand aud ruins so as to make room ior an arma ment of heavy guns in barbette, behind sand para- pets, and thoroughly provided with sand traverses, Spereprtaan, recommended for this purpose, Oy 5 Fort Jomyson, CHaRLEston, S. C.—An appro- priation of $5,000 is required to effect: such neces- sary alterauons and enlargements in the exisung emplacements as will fit them for the reception of 15-inch guns. No operations have been carried on during the past year. CASTLE PINCKNEY, CHARLESTON, 8. C.—An ap- priation of $8,500 18 needed to be applied in repairs and in mounting guns of medium gize ubon wooden latforms in the emplacements already prepared. Ro improvements made during tne past year. Fort JACKSON, SAVANNAH RIVER, Ga.—Tbis work forms the main delence tor the Gad of Savannah, It is proposed next yeat to repair the masonry of the fort, renew the draworidge, re-enforce the piers and arches of the casemates, increase Unckness of the covering mass of earth, and arrange tue bar- bette with Sppropriste traverses, &c., for he recep. tion of 15-much guns, Appropriation asked tor next facal year, $18,000, ForT PULASKI, SAVANNAH RiverR, Ga,—This 1s the principal work for the detence of Savannah on the outer hae. Projects 60 arrange its barpette batteries and to coustruct platforms for guns of the lai gest caliore bave-been made and approved. The operations of the present year will be confined to the construction of emplacement for cnanne!-bear- ing «uns, for which a furtuer appropriation of $40,000 will be needed. FOkT CLINCH, AMELIA ISLAND, FLontDA.—No Operations beyond slight repairs bave been earried on, and the projects or ity modification are still heid under advisement. FoRT Manion, St. AUGUSTINE, FLORIDA.—Slight repairs Will be made durmg the preseat year, but nO appropriavion 1s requested. DEVENCES AT KEY WEST. «In charge of Lieutenant Colonel C. . Blunt, Corps Of isngineers.) For? Layton, Key Wxst, Frorma.—This work for the defence of the important naroor of Key West is still in an unfinished condition, It 1s pro- posed to compiete the advance towers and to con, struct LWo exterior baroetve datteries for heavy guns with magazine traverses. Appropriation asked for the next fiscal year, $100,000, Fort JBUFERSON, GARDEN Kay, FLOKIDA.—No- thing has been done during the past year, An appro- priauiog Of $50,000 is asked fur, Lo be applied Lo tne cou.plelion of the sea wall, and in continuing the Work on the quarters and barracks. Plans tor the adaptation Of iis fort lo heavy guns are sull held under advisement, DEFENCES ON THE GULF COAST, In charge of Coionel J, 4. Simpsoa, Vorps of En- gincer-, FORE PICKENS, PENSACOLA, FLA.—This work 18 in fair condition, Only a jew necessary repairs were made during the year, and no appropriation 1s AL preseat asked Jor, FORT BARRANCAS, PENSACOLA.—It is proposed to cousider the question of the modification of this work with & view to the introduction of heavier ordnance. No appropriation 13 recommended, FORT MonGa, 1s situated at the eastern entrance vo Mobile Bay, Vians lor its modification s0 as to adapt 1 to Lae modern armaments have not yet veen prepared, No special appropriation is asked. Four GAINES, MOBILE, ALA.—This tort weeds ex- tensive alterations to fit 1t lor the recepuon of heavy barbette guns. For tae present an appropriation oF but $5,000 is asked for, to be expended in te pre- servation of (ne site. FoR? ON Sap ISLAND, COAST OF MISSISSIPrI.— No work done during the past year, and no opera- tions are con.empiated at present beyoud the care and preservation of pubiic property and the prepa- Tation of projects for 1s modification. FORTIFICATIONS NEAR NEW ORLEANS, In charge of Captain U. W. Howell, Corps of Engi- neers. FoR? PrKe, LOUISTANA.—Thts fort commands the entrance through Rigoiet’a pass (navigavie io light draugnt vesseis) into Lake Poncharcralu. It 1s pro- posed to eilect the necessary repairs and to piace in the curved barbetts bait-ry a number of ten-incn rifled guns with tue proper traverses between them, Appropriation asked for next fiscal year, $24,000, FoRT MACOMB.—I'he passage through the bayou Chef Menteur mto Lake Ponchartrain is commanued by thie work. Pro,ects for 11s alteration have been considered and estimates of cost prepared. ‘To put the work mito the stare recommended by the Board of Engineers there wili be required the sum of $21,000, TOWER AT PROCTORSVILLE, TOWER DuUPRES, BATTERY BIENVENUE, LAKE Boraue, La.—No ©. penuitures during the past year and none are con- templated beyond a few necessary repairs, Forr Jackson.—Tnis work ana Fort St. Philip, Nearly Opposite, are situatea on the Mississippi River, about sixty-five miles below New Orleans, and constitute the main detences of that city against hostile uaval expeditions, Tne depth of water througn the bayou and takes leading to the city will only permit tae approach of smail vessels currying light armaments. The principal channel Way through which a naval attack may be made 18 the Mississippi Kiver. On this channel, therefore, our defences should as soon as possivie be made efficient. ‘The work at ths fort during the past year consisted in repairs to levee and in care of property, It is proposed during the present year to compie'e the unfinished water battery, tor which Purpose $75,00) 13 asked. Forr St. Putuip.—No work done the past year. Thikty-seven thousand five huadred dollars, avall- abie for work during the present year, will be ap- plied Co the conscruction of the new battery recom- Menaed vy the Board of Engineers, ‘nts amount Will not be suilicient; and to complete all repairs, alterations and addittons designed by the toard ae Ge be required a Yurtwer appropria..on of 5004, Fort LIvinastong, LOvIstANA.—This barbette work 13 situaied at tne entrance of Baratavia Bay, and was intended to prevent access to the city of New Orleans by this route, atthe same time secur- ing an anchorage for the use of our vessels of light draught, projects tor its modification and for the emplacement ot some large rifles and smooth bore guns have been devised by the board of Engineers. To carry out the recommendations of the Board there will be required the sum of $38,000, ON THE P CIFIC COAST, (In_ charge of Lieutenant Colonel ©. 8. Stewart and Major George H. Mendel!, Corps of Engineers.) Fort av FORT POINT, CALIFORNIA.—T'his is one of the priocipal reliances for the detence of the en- trance to the naroor oi San Francisco through the Golden Gaie, It 18 situated on the southern side of the channel and is a lerge casemated work, with extensive exterior batteries for heavy guns and mortars, The casemated part has been essentially finished for some years, and the barbette batteries should be pushed to completion at an early day. Good progress Was made with them the past year. Appropriation now asked for $125,000, ‘oRT AT LIME POINT.—This tort, with its de- tached earthen barvette works at Point Cavallo, Limestone Ridge and Gravelly seach, 1s located on the northern shore of the Golden Gate, and protects the entrance tothe harbor. When completed tie exterior batteries will mount twenty-one 16-tnch guns and four heavy mortars. These guos are not yet placed In position, but it 1s expected that most oi them will be in the course of the coming yeur, AN appropriation of $200,0v0 1s required. Fort ON ALCATREZ IsSLAND.—Alcatrez Island forms. a valuable position for the defence of the entrance and inner waters of the harbor ot Sao Francisco, 18 rocky shores rise abruptly irom the water to a height sufMicient to secure the fortafica- Uons with which it 1s covered against surprise; put it 18 necessary to introduce guns of larger calipre, for Which an appropriation ot $100,000 18 asked, BATTERIES AT POINT SAN JO3E, SAN FRANCISCO Harsor.—he wood work of the batteries continues to aeterlorate necessarily. Six 42-pounder rifled guns on iron carriages are mounted in the east battery. No appropriation 1s yet asked for the new defences projected at this pont. BATTERIES ON ANGEL ISLAND, SAN FRANCISCO Harsor.—There are temporary earthworks, erected Guring the late war and are in a dilapidated condl- tion. Two of the three works retain some degree of eMictency, and it 1s proposed to deter the com- mencement Of the permanent batteries projected to replace them. i DEFENCES OF THE MovuTH or CoLUMBIA RIVER, OREGON.—These defences consist of Fort Steven on the south side and (iree detached earthen barbetie batteries on the north side of the entrance. Taney were buiit tor temporary use during the late war, ana require frequent repairs. ‘the revetment and timbers of the magazines are rotten and falien in many places. ‘They should ail be replaced the com- lug year, Appropriation now aske. Jor $20,000, FORTIFICATIONS UPON THE LAKES. (In charge of Lieutenant volonel John Newton, Major John M, Wilson, and Captatns G, L, Gilles- ie and F, Harwood, Corps of Engineera.) ‘ort WAYNE, DETROIT, Micit.—This work commands the channel, and, with its exterior bat- teries, will control the navigation of the Detroty River. Plans for remodelling t have been prepared and are held under advisement. Fort PorTER, NEAR BUFFALO, N. Y.—The location of this fort 14 an important strategic point ior the defence of the northern Ironuer,. Nvthing has been done upon it during the year, and the plans for its reconstruction are withheld for further con- sideration. Fort NIAGARA Is situated at the mouth of the Niagara River, commanding its debouch into Lake Ontario, The’ extensive repairs projected for the soning year will require an appropriation of 25,000. Forr Ontarnto—Protects the clty of Oswego from & sudden attack or coup de main, or from the levy of 4 contribution by a small force of the enemy on shipboard, The work now in progress here 1s the replacing ty more durable materials of the old Uinber scarp, and modifying the barbette for heavy modern ordnance, Appropriation asked lor tne neXt fiscal year $30,000, Fonr MONTGOMERY ~This work occuples an im- portant strategic position, and commands the en- trance to Lake Champlain irom Richelieu or St. John's River. It 1s esssntially compieted for the old style of armament, but requires certain changes to adapt it to the modern arullery. Appropriation Decessary for 118 Completion $22,000, NEW YORK RAILROADS. Protection of the People Against the Monopolies— An Important Bill in the Legislature— Propozed Appointment of a Board of Commissioners with ’ Extraordinary Powers. ‘The following bill was introduced in the State Senate on Thursday by Mr. Adams, and appropri- ately referred:— AN AoT to create m Board of Commissioners of Estimate ‘and Control or Rail ‘n this dtate, and to deine the powers and duties of sald commissiouers, 4 ‘he people of the State of New York, represented in Senate and Assembly, do enact as follows ;- Seetion L—A department of ‘railroads for this State 1s hereby created, the business of which hereafter be con- commissioners, to be known and designated as the of Commusioue.4 of Estimate and Control of Rail- Hear te fhe Bia of Now York; and Amasa J. Parker, jeor, ni elden, Lucius Kobiuson Horace Grecley'are hereby bamed ‘as the arst commissioners of said department. P SEO, 2.—Lt suall be the duty of the commissioners created by this act 10 represont the rights und protect the Interests of 1 people o! this State, who way require the use of any rail- road doing business in this State, anu to. see that ail such Toads are operated for public use. SEO. J.—1n order to out the fuil force and intention of tuis act the commissioners named in its first section und their successors shail have power, and are hereby author. ized, at any time they or # majority of them shail see fit, to enter on the premises or into any office or building of any railroad company doing business In thia State and examine the books and accounts of such company, and to syemine, under oath, the oflicers, agents or employes of such com: pany oF aay mn’ requiring the ase of the road of auc mpany, or any persuD inthe property of such, company, and. sald wioners may ‘acquie knowledge as to the conuition of such company io all things relating to the pro- perty owned by or the invebtedness of such company, an all things whataocver pertaining to or connected with ti terests, mavagement, or control of such com: as pe themselves the actual owners and managers of the property belonging to or operated by such company. 3 ihe comiiasioners created by thisa ct shall have DEO. power, and I' shall be a part of thelr duty, to fx the amount ‘of Lhe capital stock and vonded indebtedness of ail railroad companics doing business in this State; but in no case sball the Amount o/ such stock and bonds, when ao fixed, be per- micted to exceed the pur vaiue of the amount levied on und actually paid into the treasury of such company by the stock and bond holders, severaily, of such company, aad fuch” company" uiall’ nereatter levy rates on myer travel, or tolls on freight trans- ported over any railkoad in this State, or many manver Whatever tax the people of this State requiring the use of such Toad, to pay interest or dividends on any bonds, stock, con- tract of otlier evicence of indebtedness or agreement of such company, unless {ts full par vaiue was in good faitn paid into the treasury of the company issuing the same, by the person or pariy to whom such evidence was given; nor shall com- merce or travel hereafter be taxed by uny railroad company dou usiness in this State, to pay interest or dividends on ‘any ot the bonds or stock of such company, nor contract or agreement 0: such company, Whico was Irauiulectiy issued by aay ou.cer or agent of such company, or which was issued by such company to represeat the surplus earnings of tae road of such company, which earnings have been or are claimed to have been, expended on the properties of such company. ‘SLo, i.—When in the judgment of the commissioners ag State are deemed to be uijust or oppressive on the people requiring the use of suca road, or whenever the oilicers or agents of any company representing any such road are no- tor.ously corrupt in the management of the property which stich compauy represents, or when suitable and convenient accommoations ure not furnisued the public requiring tue use of such road, then sald commissioners may, on the ap pication ui thirteen reputanie citizens of this State, reduce And establish the raves whieh such company may charge and cvilect for trausporting persons or property over any portion Of sucu road; and said commissioners are here.y cloted with power to determine the kia of accommodations Which a. such companies doing business in this Stave shail provide cor te puble requiring the use of such roads, aud the time and manner of runuing all trains over suck Toads, anu al Wulugs Waatsoever needed or require to pro- mote the convenience uni welfare of the puuile requirin, the use of suc roads; and in case of reusai or negiect o any raiiroat company doing business in this State w comply. With the rates esiaclishedor the rules and regulations laid dowa by suid Commissioners, or to correct the abuses com- plained of, then suid commissioners are furtner authorize J empowered nud directed to take possession of the ratroud owned or operates by the company so offending, and ali the buoks, property and franchises wuateoever belonging conuected wita the company owning or operating #u Bau sald commissioners inay einploy agents, tor tion, to operate such road for* the conveaience ot ‘the puode requiring the use of the same; and if the amounts received for the use of such road are suflicient they shall be disposed of in the folowing manuer:—First, to pay the expenses incurred in the seizing and taklog possesstou of sich railroad oy sucn comunissiouers, and the expenses necessary to operate and Keep sue road'in prover repair; second, to pay such just demian.s as way be oulstanuing ‘and cue agalust such com- pany; third, to pay the amount of interest —— spectiie And al suca times and piaces as the contract requires, on the Outsianuing bonds of such company, provided aiways that the {uli par va.ue of suco bonus had been actually and in xood rasta paid into the treasury of the company iasuing the same, or { such {ull amount has not been so actually paid, then to pay inerest at tue rate spectiied in the bonds on the amount ¥ received by such company for such bonds, such interest to oe paid unui otherwise provided po ruta on all bonds —_ outstanding ainst stich company, and also to proviie a cing fund for tue’ payment of the principal of such bonds to the amonnt actually recetved by such company for such bonds; fourth, (0 pay davitends Oa the stock of such com pany at the rate of eigut pet cent per annum, to an amount equal to tie pur vaiue of the umount whieh had been ievied om and actuaiy paid jnto the treasury of auch company by the stockhuiders of fh cympany, and no more; 1 wo keep such an amount on hand as is likely to be required o pay the necessary expenses incurred by the man. agement 0: such roa |, and sucl just demands as may Le outstandins and falling due against’ such company; and Mt saul be the duty of said commsiouers to pay. on the rst cay of May and November of euch year, into tue ‘reas- ury of this State, ior the use and benelit of the people tuereot, Qii Olver sums and amouuts hel by sald commissioners, which sums or amounts were derived from the earnings or Feverpts of auch road. Sic. t-—Notuing in this act shall be construed as com- peiling tue Board of Commissioners hereby created to assui Any obiigations of any raliroad company, wuleb obigations Were issued turough frand, or of any railroad company Wuose roai, Under proper and judicious management, can- not earn #’suiliclent amount to pay all just claims arising Out of its operation and management, aad also a suilicient sum to pay [air rates of interest or dividends on its actual cost of construction and equipment; but this act shall be construed s‘conferring on tue board bereby creat all the power waich the Legislature of thia State can confer on any erson, buay or board to protect the rights and in- lerenis’ of the people against traud in raliroad manage- ment in this State, and to prevent any eucroach- meats on the rights of the people by railroad companies, to prevent the estavilshment of railroad monopoiles, to cor- rect abuses growing out cf railroad management, to see that ail such roads inthis State are managed and operated tor puvile use, aad to protect travel aud commerce (rom being taxed for the use 01 railroads in this State to pay interest or, dividends on capital never actualy expenued either iu the construction or eqaipment of such roads. SEC. 7.—All acts or parts of acts permitting an increase of the capital stock or bonded indebtedness of any railroad company doing business in this State, beyond an amount equai to tue par value of waich was levied on and actually paid luto the treasury of the company issuing tue same, and All acts or paita of acts. which permit or aliow any railroad company to pay tnterest oF dividends on any coutract ora,reement of such company, the par value ot wien was Rot actualy id into the treasury of such company for its use and benefit by the per- sou or party to wuom such contract or agreement was issued, ure hereby repealed; and hereafter no raiiroad com- pany doing business in this State shall deciare or pay, or tax commerce or travel 1o pay, interest or dividends amounting to more than eight per cent per arnum on any stock, bonds or Other evidence vi indebtedness or agreement of such com- ‘and uo ral.road company doing business in this State ereaiter levy: rates on passenger travel or tolls on its road, or in any manner whatev & greater amount than has been actually and in good faith ex- pended by auch company either in the construction or equip- ment of the road represent §—Said Commissioners of Estimate and Control of the State of New York wre hereby empowered ter oaths or adirmations, and to send for persons and to compet t tiendance of wi.nesses at their boara, or before them separately, and that purpose # majority of them may appoint a sergeant-nt- arms to suid board, wno shail be clothed with power to en- force all orders or decrees of said board, . 9.—The commissioners hereby created shall make a full and complete revort of ail business done by thetr board, for each year, ending on the Blat day of October, which report shail de presented by said commissioners to the Legislature Of this State op or before the 10ta day of January of each Sticceeaing year; and sald commissioners sball appoint o of their “iunber to act dent and another to act us trea: , and said cominissioners member of suid board, and rizea tu provide themseives with ail the oflices and property necessary for the convenient transaction of thelr business as much commissioners; and the salary of sald commissioners shit be »7,000*eacn per annum for their services as such commissioners; and, until otherwise provided, sald commis- sioners uball deterniing the salary or wages of all persons, other than themselves necessary to oarry this act into rull foree, 200 and effect. Bk rhe commissioners created by this act, and their ra, shall give’ bonds satisfactory to the Comptrouer bis State for the faithiul aut honest performance of the duties hereby imposed on and trusts contided to said cor missioners, the amount of such vonds or sureties to be the sam of $100,000 for each of said commissioners and their ccesso) In case of vacancy, caused by death, resignation y to Rerve, or for any reason whatever to perform tue duties hereby imposed on the commissioners named in the brst section of this act, or any part of them, then it shall be che duty of the Legisiature to hold @ joint, meeting of tI Senate and Assembly of this State, In ‘the Assembly Cham. ber of this State, and at noon on the third Wednesday of Jan- uary in each year, when such vacancy {s found to exist, to cast their voies rivw vorr lor such person OF persons as the; in their judgment, shall see fit to fill tue vacancy then ext: ing, and ine person or persons recetving the greatest number of voles sual be declared duly elected to fill auch vacancy, Sec, 12:—The terms cf office of the commissioners hereby named shall be for one, two, three, four and hve years, to be determined by lot or’ otherwise, as they or a majority ot them soall mine, abd any commissioner hereatter cted to bil ® vacancy in such board shall hold his ofice as ch commissioner Jor the wsexpired term of the commis- er Whose office hé is erected to nil; and all other commis- shail ve elected in the manner provided ror filling ted for the term of hve years; commissioner receive comven- sation for his services except from and after date on which he commences to perform the duties of such com- missioner. Sec. 18.-No_ commissioner hereby created or bis succes- sore shall be personally interested, directly or indirecuy, in any stock, bonds, or meni of any raliroad company do- ing buainess in to is Stave, and any wilful dereliction of duty, betrayal of trust oF collusion with any gueh company, jte off- 18 wi teit sioner so offending and by imprisonment ia one of the tate Prisons of this State for a term not less than five years; and for any wil/ul violation of duty or betrayal of trust by any officer, agent, clerk or employe of such commissioners, thi son ao offending shall be deemed as haying committed ‘and be punished by fine or imprisonment, or bot! cretion of the County Judge, or of one of the Ju iding in or hoiding of the Supreme Court of this Stave residin Court in the county where such ofence was committed; but in no case shail such fine exceed if Bil or suct sum of $10, of the penitentiaries or imprisoninent cen years in on Pi if this si BEC. 14 When any railroad company originally represen! ing a raiiroad under the management and control ot the board hereby created shall desire in good faith to again take avession of such road, and when sald company shall give Byidence of its Intention in good faith to comply with all the requiremepta ot said board, then it shall be the duty of amid board to surrender back the properties and franchises originally owes bf — %, such Setmpen J s pane aw tn toe noe oust ow a and ing Y ty nal Doara by reason of the seizure of the property of sala eom- Pon, the doing business in this State aball control of any of the such company, amounting to more than S10 Brat obtaining the consent ‘of the commissioncrs hereby "St id.—In order to obtain the means necessary to organ and put the board hereby created in compicte working con- dition, and until the amount hereafter assessed r to ve ‘on Fatl- road companies doing business in this State shall be other- Ee bg aay) the Treasurer of the New York Central and Saratoga, the Isiand and Lake mee Railway Company shail each respectively pay ‘and place above specitied for ent by the treasurer of the New tork Central and ‘Hudson fiver Hallroad Company, a sum in money amounting to two per cent of the gross earn- ings of the roads such companies severally represent; and the treasurer of this State inal Be, out of any such moneys paid the treasury of this ‘all warrants or drafts signed by the president and conntersigned by the treasurer of the board hereby created. 17. an oat oe pene of acts inconsistent Mtr he act, ‘act, are hereby repealed. — BEo. 18,—This act shail take effect immediately. JAMAICA, The Mail Service with New York—Suicide of a Convert from Judaism. Kiy@ston, Feb, 8, 1872, The government of this island advertises for pro- Pposais for the performance of a monthly mail ger- vice by steamers between Jamaica and New York. A table of the freight and passenger trafilc for the last eleven months of 1871 is appended to the ad- yertisement, The Postmaster General has con- tracted with the Royal Mai! Company for mail service between this island and Britisa Honduras, commencing next month, Tne Rev. Mr. Rosenfeldt, a convert from Judaism, Who was sent out here by @ society for the propa- gation of Christian knowledge among the Jews, committed guicide in his lodgings, He left a leiter upon his dressing table addressed to the Bisnop of Kingston declaring that he had been driven to the act because others were conspiring against him, but that he died in the full bellef of the truth of Christianity. After making provision for his wile, Wao 18 now in Germany, he left the balance of his estate to pe used in aid of the conversion of the Jews, The death of this gentleman produced a pro- found sensation in Kingston, particularly among the Jews, who were ol! opinion, beiore Mr. Rosen- feldt’s letter was read, that he had renounced Christianity. THE BAXTER STREET FIRE, James Cassen, the owner of the buildings Nos. 8, 9, 11 and 13 Baxter street, which were consumed on: Wednesday night, has suffered a loss of $8,000 by the accident. The first and second floors of No. 11 were occupied by E, B, Valentine, a mouider, who sustained a loss of about three thousand dollars and was not insured, The basement was occupied by Frauk Moore, a boX m@nufacturer, who lust $000. No iusurance. THE THIRD FLOOR, which was occupied a3 a fan manufactory, was damaged $1,500, No tusurance. The fourtn door Was occupied by Napoleon Jenkias, who sustained @ loss Of $1,500, No insurance. ‘The filth Noor was occupied by Williams & Co., turners, who lost prop- erty to tue amount of $1,500. They were tn- sured for $1,000 In the St. Nichojas ana Andes companies, Tne sixth floor was occapied py George W. Ferguson, who also occupied we second aud sixto floors of No. 9 Baxter street. This firm lost $4,000, but were insured jor that amount in the Williamsburg City, Aitna, of Harviord, ana Lafayette companies. the basement aud first floor oi No. 9 were occupied by Fischer & Carpenter, moulding maauiacturers, who sustained alo-s of $2,000, and were insured for $1,000 in the Franklin, of Phila- deiphia. The tnird and fourth floors were occupied by Mr. Bananan, mouidiog manufacturer, who lost $3,000; no insurance, ‘Ihe fifth floor was occupied by T. liebel, moulding manufacturer, wio lust $1,000, but was not insured, Tuls building, No. 9, was TOTALLY DESTROYED, and was not insured. No. 7 Baxter street, a@ two story irame building, the property of James Kenedy, was damaged to the extent of $1,500, ana insured for that amount in the North River insur- ance Company. The stock in the piace was dain- aged $600 and not insured. No. 1s in the same street, the property of James Cassen, was only slighuy damaged, and the ipnabitauts were put to only slight inconvenience, In the rear of No.9 a four story brick building, belonging to Cassen, was damaged to the extent of $4,00) and noi insured. ‘The occupants of this building suffered damaze to the extent uf $1,000, and the only insurance held ‘Was by Smith & Co., who were msured ior $1,600 in the Andes and Royal Insurance Companies. THE OIESKI ARSON CASE, A Forther (Confession, Ctesk1, the proprietor of the house in East Sixty- second street, made a further contession yesterday to tne Fire Marshal of his connection with Jones, * who 18 accused with having set fire to that and sev- eral other plates. The following 1s the confession which Officer Reinisch translated, under oath, to the Fire Marshal:—When the fire occurred in 16 Clinton street on the 26cn of March, 1871, anthony O, Joues sent_me and my family up to Haverstraw and during my absence set fire to the store. 1 was \nen insured for $500 and recelved a check lor $400 FOR MY LOSS. from the company, which Jones weat and cashed lor me and then deducted his share for bis troubie, Alter the fire I moved to Morris avenue, Kilzabeth, N. J., where Jones procured $1,000 insurance for me, and ou the 4th of July, 1871, he sent me and my family over to New York to view the fire works at the City Hall, and in my absence he fired the place, He then received acheck for $600, with whican he did the same way as before. then moved to 100 Prince street, but 1 resided ‘on the corner of North Fourth and Fourth streets, Willamsbarg. Jones came there one day in Novomber, 1871, and sent us alaway, When we were gone he set fire to this place also, I WAS INSURED there for $1,000 ana received cn settling with the in- surance company a check tor $500, which was cashed by Jones, who took his snare this time in the same manner as before; vones told me, not long since, that in December last @ fire occurred in a lounge manufactory in Eldridge street, between Canal and Hester; this place had been occupied by @ countryman of his, whose name I don’t know, but Jones told me that he induced this man to take a bookkeeper for a few days, tnen go to Phitadeipnia, and while he was there Jones promised to set fire to the house tor him, which he told me he did at two o’clock in the morning. The career of Jones as an incendiary is having More light thrown upon It every day, and there 18 no dount that the Marshal will have more com. plaints against him before this case is ended. CUPID'S PRANKS IN NEWARK. One More Elopement—A Fireman Who Would Not Beware of the Widows—A Broken En- ment. Newark has a brace of social sensations again, The Fifth ward ts all agog over the eclopement a few days ago of one Charles Pell, ‘a fire laddie,” with Mrs, Lucinda[Fredericks, widow of a deceased member of the same nre company to which Pell be longed. {t appears that during Mr. Frederick’s ill- ness, five or six months ago, Pell was his most assiduous attendant, and on all sides was commended as & model of kind- hearted fellows. His attentions, nor those of the ‘medical men, however, fatlead to save poor Frederick from going une way of all flesh. He died leaving his widow with three young children, Pell continued his visits, and for a time they were regarded by the neignbors as simply a continuance of nis kind offices to his dead friend’s bereaved ones. At length certain circumstances took place which induced considerable tongue Wagging. Pell’s wife became alarmed and im- plored him to discontinue his visits to the widow, as the neighbors were full of the subject and con- Unually talking about it. He heeded her not, but continued to dely the gossips. Last Monday came THE DENOURMENT. A carriage was observed to drive up in front of Mrs. Fredericks’ house, No, 71 Prospect street, and presently down came the widow, with her trunk and Pfe N child. She drove to the Chestnut reet depot. The same day fire laddie Pell disap- peared in like manner. Soon after a letter was re- ceived by the widow’s relatives stating that she had left Newark for good, and desired them to dispose of her furniture and to take care of her remaining children. Mrs. Pell also recelved a letter from her husband, stating that he, too, had seen the last of Newark, He had been in business witn his brother, grocer, corner of Union and Ferry streets, and, it 4s sald, relieved the latter of considerable reachable funds, Mrs, Fredericks is a brunette of about twenty-seven, and by no means as fine a looking woman as Mrs. Pell. ‘fhe last heard ol the elopers ‘was that they were in the vicinity of Somerville, in Somerset county. THE FOURTH WARD Nas its story likewise about man’s perfidy. A young lady of Commerce street named Lucy, nearly re- lated to one of the City Fathers, was engaged to natty youth of the ward named Johnny. tie hag told her that he was in receipt of $40 per week, and presented her with a diamond ring, which he said ad cost over one hundred dollars, The marriage day was set, the wedding trousseat prepared and everything arranged for the ceremony. In the meantime, however, the ring proved to be Fed Johnny's $40 per week dwindied down to ne Johnny himseif. proved a gay Lothario. | a sensivie girl, Lucy has resulved to pate! wi ‘ slight fractures of her heart and leok elsewhere for allie companion. Ce rns BLEOTION OF A TREASURER FOR RHODE IALAND, PROVIDENCE, Feb. 15, 1872, Samuel Clark, of Lincoln, was to-day elected General Treasurer "y, the General Assemoly to fille vacancy caused by deptly - EE —<— = IMPORTANT DECISION IN BANKRUPTCY. The Boston, “Hartford and Erie Railway Com pany—Question of Priority of Jurisdiction. In the month of October, 1870, Mr. Seth Adams, & creator of the Boston, Hartford and Erie Ratlroaé Company, fled, in the United States District Court Jor the District of Massavi usetts, a petition, which: Stated that the railroad company had committed acts of bankruptcy, The petition praved that the company might be adjudicated a bankrapt. James Alden, another creditor of tae company, also pre- sented, on the 20th of Decemoer, 1870, a petition, substantially the sume as that of Mr. Adams, to the United States District Court for the District of Con- necticut; and on the Sist of December, 1870, afr. Alden presented a petition to the United States Dis- trict Court for the Southern District of New York, praying the Court to adjudge the Boston, Hartiord and Erie Railroad Company a bankrupt. The com. pany put in answers to these petitions and resisted their applications, ‘ While the petitions were pending Seth Adams made application, botn in New York and Con- necticut, for leave to intervene and oppose the ap- Plications which had been made in those-districts to throw the company into bankruptcy. On tha 28th or February, 1871, the company withdrew ita answer and objection in each of tne said courts, and on the 2d of March, 1871, the company was adju- dicated vankrapt in Massacnusetts, the District Court of which issued its warrant to the Marsnal of the district, in accordance with such adjudication. ‘This decree was shown to the District Vourt of Con- necticut not tohave been dismissed. The Circuit Court thereupon proceeded upon the facts alleged 4M the petition, which were not disputed, to direct that all further proceedings 1n the District Court of Connecticut be stayed, so that tne District Court of Massachusetts might subsequently exercise ex clusive jurisdiction tor whe closing of the estute and the distribution of tue same among tha creditors of the ratirvuad company. ‘The similar petition of mr. Seth Adams was. heard in the District Court for the Souchern Dis- uict of New York tebruary 25, 1871, and two later that Court decided that Adams had no stant ing in Court at that stage of the case, prior to aa adjudication Of bankruptcy, aud that ue be not pe mitted to intervene to resist ur slay ihe proceed! pending in this district; but the Vourt, on the app! cation of Mr, Adanhs' counsel, peruitved a reargu- Ment of the case, and this was beard Maron 3, 1871, Counsel for Adams, susialling O13 Claim to inter- vene, read iu evidence the decree of the Massacnu- selts District Court adjuuicauing tne railroad company bankrupt. Again the Uvourt refused to allow Adams to intervene. Alter tne company bad withdrawn its answer to the pettuon oi. Alden, az order or decree adjudging tne company vankrupt was delivered to the District Judge. On March 1 he signed tnis decree, but retained it in his possession: until aiter the reargumext, without nouce to either of the parties or their attorneys or to tne Clerk of the Court of the fact of such sigoing. ‘The District Judge endorsea upon this decree tae words, “Filed Maren 1, 1871S. B.”” On deuying the said applica- uon of Seth Adams afier tne reargument tae Dis- trict Juage Made al agnouncement Oo these facts in open Court, and delivered the order adjadicaung the company &@ bankrupt to counsel for alden, the Pemuon ne, creditor, anu this was danded vy him to he Clerk ol the Court, upen tie records of which it was entered. Under these circumstances Mr. Seth Adams pe- Utloned the Circuit Court ior a review and a rever- sal of the proceedings in the District Court, and for a stay of all proceedings 10 bankruptcy against the company iu that Court. Judge Woodruil yesterday, in the United States Circuit Court, gave a lengthened decision mm tie above case, He says:— ‘I. 18 not only unfit but unreasonable vo continue proceedings in Move than oue ulsirict, and tue case is emimently proper for the application of cae gen- eral rule in Courts of equity of co-ordinate juris- diction, that when One has lirst obtained jurisdic- tion o1 the subject Matter, aud of the parties, other Courts should stay their hands, and allow such Courts to carry the proceedings to a consummation and final disposition of the mater in question. All these and, perbaps, other like con- siderations were suggesied tu the opinion delivered on the review had in Connecti cut. Nothing 1s, 1 think, more certain certain unan that Congress, iu enacting the Bank- Tupt law, did not contemplate any such complica- tuuon; and | deem 1 equally ceriain that nothing in ifs provisions produces uny such necessary re- suit, ‘The several district courts of the United States are not acting unuer autnority derived from separate sovereignuies; they are not aaministering separate systems of laws; they are not charged with a duty to afford special provectiun to the residents within their local jurisdiction, all which circum. stances lead to contlct of jurisdiction between tri- bunals of diflerent States aud operate to secure un- equal results among parties interested but residing in aifferent Siates, ‘Ihe district couris act by one authority; they execute tue same law; each im the administration of the estate of a bankrupt will do precisely What each owner district court will do, governed by the same rules and to the same end, In the opinion referred to the Bankrupt law was examined, and the general orders in bank. ruptcy maae by the Supreme Court were considered to ascertain, first, whether sucn proceedings must necessarily, 1{ begun, be continued 1a more than one district court; 1f not, then which district court should be deemed to have priority of jurisdiction and be permitted to go on and complete the ad- ministration; and, finally, if the bankrupt, with a view to ninder and embarrass the winding up of the affairs, stood by stiently or colluding with one or more uf the parties, to produce such embarrass- Ment, would not take any measures to prevent the action of eituer Court, nor call to tue attention of either the fact that prior proceedings were pending in another district, can the creditor bring the matter to the attention of the Court, and ask that the proveedings subsequently commenced be stayed, in order to avold tne expense, embarrass- ment and litigation about to arise, to the prejudice of creditors, and to the wasié of the fund which creditors have aright to share, ‘The Court did not atirm the broad proposition that whenever @ creditor filed a petition against bis debtor tor a ae- cree declaring such debtor a bankrupt any other creditor was at liberty and as of course to appear and Claim aright to oppose such adjudication; but 1t was held that the Court was nol nindered from entertaining the application for leave to oppose by rigid technical rules governing actiuns at law inter - partes, and that causes might exist im which @ creditor should be heard, anu on sudicient grounds his intervention might properly be eifective. 1t was accordingly held tuat, it appearing to the District Court in Connecticut, on the petition Seth Adams, _ that was the petitioning creditor the District Court of Massachussetts, that Nis petition was thero filed on the 21st of October, 1870; that the petition in Connecticnt was filed on the 28th of December, 1870, and the District Court for the District of nus- setts had, on the 2d oi March, 1371, decreed the com- pany & bankrupt, and issued lis warrant to the mar- shal as required by the act of Congress, the District Court of Connecticut ought to have received the petitions of the said Seth Adams and stayed its fur- ther proceeding, The only question which is open here is whether the District Court of Massachus- setts should be accorded, either as matter of state right or in conformity to the provisions of courts of equity having co-orainate jurisdiction above re- lerred to, the same priority of jurisdiction over the District vourt for the Southern district of New York which was yielded by tne Court for Connecticut, The Judge goes on to say:—in the progress of roceedings in bankruptcy and in proceedings in ‘ormal sults, both at law'and ih equity, it 1s com. jucige to receive Une papers, on a hearing, for consideration, I¢ ig not to be heid that if on such consideration he should in the first instance, in the privacy of his chambers or in his library, set his hand to the form of an order or decree, his power over the sub. ject is tpse Jacio gone and that act is faa * * * ‘he Judge says:—I have no hesitation In saying that the draft order, thougn signed, remaining in the sole possession and knowledge of the Judge, whether for the purpose Of further consideration or for any other reason, 1s subject vo his control. It 1s not final so as to conclude him, and until it is in some manner notified to the Clerk of the Court or to one of the parties, in such wese that his decision can properly ve said to be promulgated or announced it concludes no one, The result is that there Js nothing in the case presented wu this review which withdraws it irom the operation of the decision heretoiore made, a8 above stated, in the district of Connecticut. have no doubt of the ‘ power of the Court to make such order herein as may best secure all interests, a if the facts occurring are not admitted, to make &@ proper in- quiry to ascertain them. It will be suMicient to re. verse all proceedings subsequent to Or founded upon the adjudication of bankruptcy and stay ail fursher proceedings in the District Court, ; TOMBS POLICE COURT. A Vender of Indecent Pictures Cnptared—A Thiet of Time. Wednesday afternoon Detectives Clapp and Heidelberg, of the Central office, made application to Judge Hogan, at the Tombs Police Court, for a warrant of arrest against Adolph Beer, who has for a long ume past been pudluishing obscene literature and pictures at Nos, 363 and 365 Bowery. ‘Tne warrant was granted, and yesterday moraing the officers made a descent on the promises and found seer in the act of mounting 8 number of pictures, prepara- tory to sending them out for sale, ‘Ine whole stock and fixtures, consisting ot about 5,000 pictures and fifteen apparatuses were couti d, aud Beer him- self taken to the Tombs, where Judge Hogan com. mitted mm to answer in default of $1,00v bail. RENNEHAN ON “TIME.” During the fire in Baxter street Wednesday night Mr. James Dunn was quietly looking on when he feit some person tugging at his watch chain. ‘Turns ing avout he saw Dennis Kennenan and anovner party having bold of the watcn, and as quick ag thought he caught hold of the two and criea for assistance, but the uukMwn party succeeied in making his escape. Rennehan was given over to Qn olticer, who locked him up Ul! yesteraay morn: ing, when Judge Hogan gave him a hearing, and 10 default of the necessary security for iulure BpPpeak> » i &. \ auce consigned him to a cell below,