The New York Herald Newspaper, November 24, 1875, Page 3

THE ALABAMA CASES ‘important Decision by the Court of Commissioners, Wners of Vessels Destroyed Enti- tled to Net Freightage. JUDGE, RAYNOR DISSENTING. + The Question Hlaborately and Ably Discussed. Wide Effect of the Rul-! ings Made. Tea aR TY SS Wasuixro, Nov, 28, 1875. In the Court of Commissioners of Alabama Claims ©-day tho following very important decision was ren- tered, it being delivered by Commissiouer Porter: — In the Court of Commissioners of Alabama Claims, — Suck and Spofford and sundry other claimants vs. the Dnited States—(In the matter of the destruction of the hips Highlander and Jabez Suow)—Nos. 406, 407, 405, , 410; 411, 412, 597, 598, 699, 600, 601, 656. Vhe opinion of the Court was dehvered by Judge torter. In the case of the ship Winged Racer we were called ‘oconsider, among other subjects, a claim for the loss af freight.’ After a protracted argument by eminent | woungel we reached in that case conclusions which vere and aro satisfactory to the minds of a najority of the Court, In the cases above nentioned some new phases of the question, srowing out of a different state of facts, were presented. This fed the counsel of the government to insist on ‘earguing the original questions decided in the Winged acor, ands. eapecially desiring to be righ} In a point volving 60 large a Part of the mohey paid by Great Sritain, we accorded this privilege both to them and p the counsel of various claimants, 1 am now to state © ‘ VIRWS ENTERTAINED BY THE COURT Viter listening to these elaborate arguments, and then ‘0 apply the principles we have adopted to the solution wf the questions presented in the cases of the High- ander and the Jabez Suow, The government of the United States presented at Geneva a large claim for losses of freight. The British experts launched pointed and severe criticisms at the iaim made for gross freights, but they couid not deny the soundness of the claim for net freights, if the con luct of Great Britain bad rendered her liable for the yels complained of by the United States. In the awar: nade in our favor this principle was set forth as ouo Wf tho conclusions of the tribunal, that, ‘in order to wrive at an equitable COMPENSATION POR THE DAMAGES which have been sustained, it is necessary to set aside sil double claims for the same losses and all claims for ross (reights, 80 far as they exceed net treights.” When e act of 23d June, 1874, was framed, Congress, follow- ng out this principle, gave to this Court the following lirection (section 12):—‘*And in no case shall any claim ve admitted or allowed for or in respect to unearned reights, gross freights, prospective profits, freights, ge or advantages.’ The term ‘‘prospective,”” will be observed, is predicated here, not mly of profits, to which it stands in juxtaposition, wut also of freights, gains or advantages’ We are not fo allow a claim for unearned freights, gross freights or wospective freights Thus, by excluding all other tinds of freight, permitting, and, indeed, requiring us, © allow claims for net treight—that is, from the ‘reight which a ve@sel when destroyed was’ engaged in | ‘arning—must be deducted the expenses which she | voula incurred if the voyage had been success- fully accomplished. By the immediately preceding section’ of the act we are required to decide apon the amount and validity of such ctaims, not only in conformity to the provisions of the statute, but according to the principles of law. We are to exclude profits, eign and gains which were prospective and Treights which were unearned, and we are to do this not in some arbitrary way, dictated by our own sense of justice, but according’ to the principles of jurispru tence, 'as established by courts of law and adopted by the maritime nations of the world. We know, and we have known from the beginning, the importance of reaching & sound conclusion on the question thus aris- ing doth out of the treaty and the statute. During the argument we have been’ properly reminded of the in- fluence which our decision may hereafter exercise on the public interests. It is said thatthe United States expects to carry out in the future, as she has in the past, THE DOCTRINE OF NEUTRALITY, It is reasonable that the principles adopted in the dis- tribution of the money awarded at Geneva shuuld be applied to her if she shouid be ever held responsible for Violating those important rules established by the sixth article of the treaty, defining the duties of a neutral government In preventing the fitting out within its Jurisdiction of vessels intended to carry on war against @ Power with which It is at peace. What, then, is prospective freight, as employed in the award and in the statute? A plain illustration may supply the answer. The owner of a ship at Philadei- Be ‘finding ber out of employment, concluded tnat if e were at the Chincha Islands he would be sure of a profitable cargo to Liverpool or New York. He pro- ceeds without any contract, written or verbal; equips his ship, sets sail, is captured by the Alabama, | and sees his own ship sent to the bottom. He files his claim in this court, shows the loss of the vessel, proves her’ tonnage and the customary freight, and offers the testimony of | shippers in Callao, who state that if she bad then ar- rived they would have supplied a cargo equal to the carrying capacity of the ship. He exhibit bis calcula. tion, showing the necessary deductions trom the gross | freight, and asks the payment of his claim. We de- cline to-allow it, and tell him thts was what the award ineant when it declared that “prospective earnings can- not properly be mado the subject of compensation;” and this is What the act of Congress meant when it pro- vided that a claim should not be allowed for or in respect to “proxpestive Profits, freights, gains or advantages,” Having thus found a distinct subject matter to which this portion of the statute 1s applicable we ought, by Well settled rules of interpretation, to rest content that we have ascertained the kind of profits which Congress meant to define by the teri “prospective.” UNEARNED PREIGHTS. What are ‘unearned freights”” as employed in tho act? What kind of freights do those terms, go unusual in tho language of judges, shippers, carriers and under- writers, require us to exclude ? By forbidding the al- Jowanco of unearned freights. it was certainly not intended to allow — ovly freights that have been fully earned. = Freight is fully eurned in the judicial as as popular sense when the vessel has reached her port of destina- tion and the cargo has been delivered—a place in which she would not be in much danger of destruction at the hands of an insurgent cruiser, If so destroyed the question of freight could not have arisen at all, for her charterers would then have been her debtors, and the value of the vessel only would have beeu lost to her owners. It is impossible to suppose that Congress could have put so frivolous a thing into a serious statute, It is just as clear that freights wholly un- earned could not have been intended; that is, where | no expenses had been incurred, no stores supplied, | no cargo taken on board, nothing done by shipper or owner toward the commencement of a voyage, Here | again the vessel would have been found in her dock, and | out of the reach of any of the losses of which the statute treats. Even if she were not, her case is effectually provided for by the forbidding of any allowance for prospective froights. The provision respecting ‘un- ‘earned freights” was evidently Intended to embrace something different from thit of the inhibition of | “prospective gains,” and to have some practical effect on the distribution of the money in hand. Let it be observed, then, that between these extremes of freight wholly earned and freight wholly unearned, there js an ample territory in which judicial investigation has gone on from the dawn of commerce to the present hour, and the resyits are found along the whole track of the commercial Saw. A ship is madg ready for sea, a charter party, more or lexs formai, is executed, her cargo is shipped and she staria on her Voyage. She bas not then earned her freignt, and ol the ebipper or charterer she has no legal claim until after the lapse of many months and the endurance of many pegls. But her owner has spent time and labor in titting her ont, has supplied the necossary stores, advanced the wages of the crew and subjected her to the largest risk to which property isever subjected, or pai to others the requiredcompen- | ation for assuming such risk. freight {8 unearned in the large ana general | sense in which this term is uged in the statute? Un- earned without qualification, wholly unearned? Can iu be denied that eure part of it hus been earned, not ‘ag againet the shipper if he has done nothing to change the contract, but even as against him if he has tnter- rupted the voyage, and cortainly as against every one who wilfully or carelessly stops her progress. EXAMPLES, | Here the decisions, European and American, have a uniformity scarcely to be met with in apy other depart ment of the law. The ship Cambodia sailed under charter from Bombay, in ballast, for Mowland's Island, intending to call at a port in New Zca- Jand for water, and ving got on shore on the coast of New Zealand was so damaged that sho was obliged to abandon her voyage. Lord (afterward one of the arbitrators at Geneva) held, that, as the ship had sailed with the sole object of going 30 Howland’ Istand to earn the freight trom theuce to the United Kingdom, the tnterest in the freight had com- menced, although not a pound of the cargo was on | board when she struck, (Barber vs. Fleming, 5 Law Reports, 69 Queen's Bench Cases.) True, this was on a toutract of marine insurance, created by partios who tould make their own terms, and, therefore, we ought to look for precedents arising outside of the law of contracts altogether, Taken, then, the case of a general average arising from the jettison of goods for the com mon salety of ship and cargo, and here Mr. Loundes, citing Williams ys, The London Assurance Company, nd 8. 31%, 8 the rule in these terms:— shin is chartered bo earry or fetch a cargo be 2 | Can it be said that this | | | | | | Whose person or NEW YORK HERALD, WEDNESDAY, freight under the charter ral average, whether or Cates at the time of the Gen- Jonging to the charterer th: must contribute to the cargo is on eral Average act—| ‘the loss of the chartered ship, whether laden or would deprive the ship owner of his expected freight.” (Loundes on General Aver- Seen Sah) tn the cane of the brig. Mary, Judge Sprague carried out the doctrine by holding that | y & gross sum not divisible was oynge out and i home, the rincipal object of tl ye being to obtain a return Borgo, and a general ge ocurred on the outward passage when the ship was sailing in ballast, the whole freight for the rownd voyage must contribute. (Sprague’s Decisions, 17.) Tcrning to cases of salvage, we find the same rule to. prevail. The ship Nathanie! ‘Hooper 3. Sumner 542) Itis trae that Mr, Benecke dif- {ors trom Sir William Seott in tho view taken by the latter in the case of The Progress (Edwards, 210), that where a ship goes out under @ charter to proceed to her port of destination tn ballagh and to receive her freight onl upon ber return, the Court is not in the habit of divid- ing the salvage; (in which he is sustained by the case of The Dorothy Foster, 6th Robinson, 88); but, it is sufll- cient to observe respecting the difference of opinion, when by a charter to be paid as freight that no man of his age was of higher authority in nautical law than the judge | who pronounced the judgment in that case, In the cases of collision of vessels the same doctrine prevails, Even the case of the South Sea and the Clara | | Symes (Swabey’s Reps., 141) is really in harmony with | | the other cases, for, although the claim for freight was | there rejected and the owner of the injured vessel was directed to pay the costs attending the claim which he had made for freight, yet this was because of the doubt that arose from the character of the vessel— whether the master could have carried out the charter party even had the collision not occurred. The de. cision of Dr. Lushington in the Gazelle (2 W. Robinson, 270) and also in the Ayo (1 Spink, 875), ‘the report of the Registrar and merchants in the Canada (1 Lushington, 586), made under Dr. Lushington’s own eye; the decision of Dr. Philmore i the Orpheus (3 bal Reports, p. 808, Ad- miralty), where the cargo Was not on board at the time of the collision; the judgment of several of our emi- nent admiralty judges in America (Bark Heroine, 1 Benedict, 226; Egbert vs, the B. and 0. R. R. Co., 2 Benedict, 225), and the decisions of the Supreme Court of the’ United States in Williams ys. Bar- rett, 18 Howard, 101; the Cayuga, 14 Wallace, 270; the Favorita, 18 Wallace, 598, have placed on a foundation too solid to be shaken the doctrine that the owner of aship injured by collision if not in fault is entitled to recover her fet freight from the owner of the offending ship if the performance of the charter party ig prevented by the collision, PRIZES OF WAR. Undoubtedly the closest analogies to the cases in hand are found in those of the capture of vessels as prize of war. It ig true that Great Britain did not admit her liability ag a wrong doer for the acts of the insurgent cruisers, and, indeed, by the first article of the treaty, disclaimed it, but, having negligently per- mitted the equipment in her own ports of vessels which could have bad no other object than the destruction of our ships, she Was placed by the treaty in the iegal attitude of having wronglully captured shem, There are in the poor, ed ea of he CT epiagiey os vessels taken ag pry ’ 6 reagon chie That Whey are tad valuable la Hig eaptor to be destroyed. One of the few is the caseof Der Mohr (4 Rob., 314), which was lost by the negligence of the prizemaster— an officer of the British serie being taken {nto port, and the captors were held Hable both for the ship and the freight, but relieved from liability by act of Parliament un the Copenhagen (1 C. Rob., 289), seized ina British port, which she had entered in cis- tress to make repairs, Sir William Scott, in treating of the question whether freight was due from the owner of the cargo to the owners of the ship for the whole voyage or ae 4 pro rata itineras, thus speaks:—With respect to the eight, some mitted to be due, as the ship has brought her cargo from Smyrna through much the most considerable part of the voyage. But it is said that in matters of prize the whole freight is always given, and for this reason, because a capture is considered as aka and a cap- tured vessel earns her whole freight. 1 have already said that this is not brags ye originally a matter of prize; the ship was brought in as such. She came in first from and was afterward put upon the proof of her character; itis a case of a mixed nature, and the maxim that capture is delivery 4s not to be taken in the general way it is laid down. It is by no means true, except when the captor succeeds fully to the rights of the enemy and represent him as to thoge rights Ifa neutral vessel aving onewy's goods is taken the captor pays the whole freight, be- cause he represents the enemy by possessing himself of the enemy's goods jure. belli, and, although the whole freight bas not been earned by the comple- tion of the voyage, yet as the captor, by his act of seizure has prevented its completion his seizure shail operate to the syne effect as an actual delivery of the goods to the consignee and shall subject him to the paytheut of the full freight? The case of the Martha (8G. Rob., p. 106; Hamilton, 30, Rob. p. 107), and that Of the Anna Catherine (6 0. Rob:, p. 10), recognize the same doctrine, In the argument before us it was as- sumed that in no case of capture had freight been al- lowed where the curgo was bot on board at the time of the capture; but The Progress (‘‘Edwards’ Admiralty Reports,” p.'210) seems to present such a case. That vessel baving sailed from England to Oporto in ballast under a charter party. for an entire voyage out and home, and having performed the out ward voyage, was captured by the French in that port, and recaptured by the British and Portucuese army, under Wellington, before she had commenced her homeward voyage. Alter the capture she had been unladen, On the recapture ber cargo was in warehouse ob shore. Salvage was allowed on the whole freight out and home “See the Aecigya in the Catharina Rhzabeth (1 Acton, Admiralty Reports, 809), allowing freight to a neutral vessel which had not actually sailed, though her cargo was on board. It must be ad- mitted that the American decisions have not yet satis- factorily established here the English rule, and some of them are adverse to it, The Amiable Nancy (3 Wheat., 360; the Anna Maria, 2 Wheat., 872; the Charm- ing Betsey, 2 Cranch, 64; the Société, 9 Cranch, 209) was the case of A SBUTRAL VESSEL sailing under charter party to Amelia Island with eargo freight free, where she was to take on board such cargo as might be tendered to her; and while thus carrying British goods was captured by a navai vessel of the | United States, then at war with Great Britain, and | brought into the District of Georgia, where the cargo | was condemned as enemy’s property. Chiel Justice Marshall certainly held the two voyages to be distinct, probably much influenced by the division made of the | freight, which, as to one voyage, was to be free, bat’ payable as to the other. In the comparatively recent case of The Neustra Sefiora de Regla (17 Wall, 80), a Spanish steamer seized in 1861 | as prize of war at Port Royal, in which a huge sum was | allowed to the owner for the use of the vessel, there | seeins to be some recognition of the English rule, which | must seem to every one who carefully examines the | }; subject much more consonant to the whole system of the law of marine torts. PRO RATA ITINERAS. It certainly follows from this discussion that in the cases before us the allowance of freight pro rata itineras er acte, 8o Strongly Insisted on by the counsel for the government, is out of the question. 1. There is noth- tng in any act of Congress to authorize it. We are no required to decide a case where the freight was wholly earned, or one 1a which it was wholly unearned; for | neither the one case nor the other could, as we have seen, have arisen out of the depredations of the insur: gent’ cruisers. Such acts come too soon for the one and too late for the other. We are called upon to decide cases occupying ground inter- mediate between these extremes, The statute, thero- fore, wisely said nothing about apportioning the freight, 2. We could not undertake to determine upon and allow freight pro rata stineras, when it had been partly earned and partly unearned, without violating | on the 28th day of July, ciple, She sailed from New York for San Francisco ‘with a large freight list, and when about poente eight out was destroyed by the Florida After she had and before réceiving information of her destruc- tion, her owners executed a charter binding her to proceed from San Francisco-to the Chincha Islands to take on guano deliverable at Hamburg. She had not sailed under the charter for the Chincha Tsiands. She had done nothing whatever under it, Her officers did not even hear of it until after her destruction. As to that charter, her gains were pros- pective, which the award declares ‘cannot properly be made the subject of compensation, inas.nuch as they depend in their nature upon future and uncertain con- tengencies.” We accordingly disallowed to her freight under that charter, but wdmitted her right to full net freight on the voyage to San Francisco, We could not have done otherwise. PREIGHT ALLOWED. In the cases of the Highlander and the Jabez Snow, now before us for decision, we have as little difficulty in allowing the freight,’ The Highlander was to proceed under charter to Akyab, Rangoon or Bassein (with the privilege of an intermediate voyage to a port in India or China), to take on at one of these ports rice deliverable at Cork or Falmouth, She bad performed the intermediate voyage and was proceeding in ballast to Akyab for cargo when she was destroyed by the Ala- bama. The Jabez Snow carried with her two charters, under one of which she sailed from Cardif with coals for Montevideo, and by the other sho was to proceed thence to Callao to take on guano deliverable at Havre. She was destroyed by the Alabama, with the coal on board, be- fore reaching Montevideo, So far as wo can judge, after a careful scrutiny of all the testimony before u each of these gessels at the time of her destruction W Proceeding in good faith in the actual execution of the contracts which sho had thus lawfully assumed. We know of nothing more which either of them could have done in the prosecution of their respective voyages thus commenced and fing | verminated by the act of the most successful of the insurgent cruisera, We accordingly allow to each of them net freight on the cargo which she was thus proceeding to take on board when destroyed, While we do not agree with the claimants in respect to the amounts to which they are entitled, these are the principles of law on which we have reached the conclusions embodied in the judgments about to be entered. The following awards are made:—Case 596, Richard P. Buck, 311,066 51; case 597, Jabez H. Snow, $18,- 467 which includes ‘the captain's _primage; case 598, Honry Darling and Theodore C. Woodman, administrators, $11,066 51; case 509, Henry Darling, $11,066 51; case 600, Susan Stubbs, administratrix, $2,141; case 601, Joseph ©. Blicott, William C. Peters and George W. Peters (a corporation), $4,360; William ©. Peters, $2,180; George Peters ' $2,180, with interest in all the above cases from the date of the destruction of the Highlander. In the case of the Jabez Snow, Richard P. Bach and Frederick Spofford, $19,950; case 408, Henry Dar- ling, $21,341; case 409, De Witt Folsom, administrator, $5,145; case 410, Charlotte W. Uptown, $2,206; case 411, Henry Darling and Theodore C, Woodman, ex- ecutors, $16,800; case 412, Joseph P. Elicott, Win. 0. Peters and George H. Peters, $7,951; case 650, Henry D. Brookman and John H. Brookinan, $16,800, with in- terest trom May 20, 1803, WELAS, Presiding Judge. BALDWIN, J., and JEWELL, J., concurring.- RAYNER, J., dissenting, THE DISSENTING OPINION. While I cannot concur in the reasoning of the majority ofthe Court in these cases, yet, having hereto- fore given my views at length ina dissenting opinion in the cage of the Winged Racer upon the question of freighis, f do not feel called on to reiterate the veg then expressed. Itseemsto me the only question for the © + nthe cases now under consideration 1s, wh, “P” noints of law therein involved, and also in *be, |’ ne Emma Jane and the Sonora, are covered ad ue within the pervieu of the decision -y of the Courtin the case of the Winged \-~hat is matter properly belonging to an ided by the majority that concurred in that 4. They certainly know best what they intended ae, And the game majority that concurred in ipinion having now decided that the decision in ‘thee the Winged Racer does apply to the ques- tions and the points presented in the cases be fore us, while my own views are unchan! 1d, still I feet ound } pea lene ann fully recognize Se force of the law maxim o! res judicata verit v PRRAYNER, Ju ge. THE GOVERNOR'S CANAL COMMIS. BION. t er x 4 WRIT OF ERROR GRANTED IN THE CASE OF HENRY D, DENISON BY THE COURT OF AP- PEALS—THE REVERSAL OF JUDGE LEARNED'S OBDEB TO BE REVIEWED. Aupawy, N. Y., Nov., 23, 1875. ‘The attorneys for Henry D. Denison in the proceed- ings for contempt against him by Governor Tilden’s Canal Investigating Commission have filed a notice of appeal to the Court of Appeals from the recent decision of Judge James at the General Term reversing Judge Learned’s decision and directing the surrender of tho | prisoner to the custody of the Sheriff. Accompanying the notice is the petition of Denison, on which a writ of error has been granted, and also the writ of error and undertaking by H. D, Dentson, James J, Belden and A. Caldwell Belden, securing the people against any costs that may be sustatned by tho appeal, exch Justifying in the sum of $500. The following is the petition:— To one of the Judges of the Court of Appeals of the State of New York; or to one of the Judges of the Supreme Court of the same 8 Your petitioner, Henry D. Denison, would respectful represent that, whereas, heretofore, on or about the 14¢ day of July, 1875, he was arrested and taken {nto custody by Albert’ Guilup, the Sheriff of the county of Aluany, upon a warrant signed by Join Bigelow, D. Magone, K. & Orr, John D, Van Buren, Jr., Commissioners, claiming suthority under and by virtue’ of a concurrent resolution passed by the Legislature of the State of New York on the Bist day of March, 1875, entitled “Concurrent resolution authorizin the Go: int ® commission to investigate canal afairs,” upon the alleged ground that said Denison has com- mitted a contempt tn not producing his books and papers Velore said commission In obedience to the command of a subpoena issued by said commission, and theretofure. served on said, © Denison," aud ‘our petitioner being advised and —_ believing that the said commission bad no | legal power to punish any person wi rocured from Hon. William jupreme Court, residing at Albany, @ and the same having been duly served, and the said Sh having produced your petitioner before said justice, and ing made due return that he held your petitioner by virtu of the warrant of said commission aforesaid, 7 ‘ioner having thereupon moved the said Justice th: discharged from said custody, the said Justice did thereupon, 1875, make his order discharging your petitioner from such custody, and the said Sheriff, feel- ai existence, and had no tsoever for contempt, raed, @ judge of writ of habeas corpu hevit? Ing aggrieved by said order and determination, aid thereupon procure a certiorari removing said ings into the General Term of the Bupreme Court for review and revision, and such proceedings having been had'{n sald General Term upon euch certiorari, that npon the 17th day of November, 1879, an order or determination of the said William L. Learned’ be reversed and the prisoner Denison surrendered to the Sheriff of Albany county, and said order having been duly entered in the Clerk's office of said county of Albany, and your petitioner desiring 8 review of the jon and determination of said eral Term by that a writ of those principles of law which Congress specially cau- tioned us to observe. Left thus untrammelled by the | siatatc “in respect to the measure of freight | due, we had either to take ground in opposition to what the most enlightened publicists have written | on this subject and the most distinguished jurists have | approved, or to adopt principles which have thus ac- quired the sanction of the jurisprudence of the mi: | time world, It required httle sagacity and less courage to do the latter, 3. If we had undertaken to split the freight tuto fractions and to parcel it out we should have failed in everything except doing injustice, A practical eye will readily see this, Suppose the ordi- nary voyage of a sailing vessel to be thirty days, In ten days from the time of commencing to put cargo on board she has completed, it may be, four-fifths of ber entire earnings. Why? The cost of loading and payment of wages to officers and men, the supply of stores and the other smaller and incidental but inev- jtable expenses are the bulk of the cost of earning the entire freight, All she then requires is those propitious influences of the elements for which she is dependent, | not on the power of man, but on the favor of Heaven, Divide the whole net freight thus begun to be earned ‘and already partially earned according to the number of days’ interest, or by any other rule, and not iu one case out of a thousand would justice be done, Deduct that which one of theso vessels, if not destroyed, must have expended between the point of her actual destruction and the port of destination (generally only the expenses of maintaining the crew, paying the port charges and delivering the cargo), an you leave ber owner just where every innocent man roperty i# attacked ‘in violation of law ought by the law to be left—that Is, as nearly sound and whole as if he bad not been struck, RESULTS OF THR RRABONING. What, then, is the practical result of these doctrines “in the cases before us? Where a vessel has sailed under charter party with cargo om board she is entitled to net freight for tue whole voyage, in accord. | ance with the terms of the charter, though destroyed when but one day out. Where she was destroyed while sailing in ballast under charter to take in cargo at her port of first destinat: to be carried thence to | @ port of fnal destination, she is eatitied to net freight on the cargo which she was thus to have taken on board. Where destroyed whil iling under one char- ter to deliver cargo on board ata designated port and | to bring other cargo home, she is entitled to net freight for the roundtrip. Where destroyed whilo sailing under two distinct and independent charters to carry under the first, cargo to an interme- diate port, and under the second, to carry other cargo toa port more distant, she js entitled to net freight uuder each charter, though destroyed before the rok ment of the first, If she Las made it satisfactorily to ap- roofor necessary legal presumption | pear by proper that she entered fairly at th mencement and prosecution of both voyages, On these principles we decided in June last the case of the Sonora, She sailed trom New York to Mel- bourne, and she was thence to sail to Akyab, in British India, there to take on a cargo of rice and'procecd to | one of several designated Kuropean ports. charter | ermitted an intermediate voyage in the China Seas, ving mado such an intermediate voyage to Hong Kong, she left that port for Akyab and was destroyed by the Alabama in the Straite of Malacca. “In the judgment entered in favor of the owners we allowed net freight for the cargo not on board the time of her destraction. So also in the case of the Emma Jane, decided during the same month The case of the etfully pra paring, te cr Ge cial District of the State of New York to return into the Court of Appeals the record and proceedings heretofore had in said General Term to the Court of Appeals. ‘And your petitioner will ever pray, &e. HENRY D. DENISON. In accordance with the petition the writ has been granted as follows, and filed in connection with the notice and petitio The people of the State of New York to the justices of the Supreme Court of the Third Judicial district of the State of New York, greetin: ‘Because in the record and proceed- i L4 Hon, Willian L, Learned, a Justice of the Supreme rt of the State of New York, at the city of Albany, in said Third district, in a certain habeas corpus proceeding in behalf of one Henty D. Denison, whi judication and de- termination was thatthe same Henry Denison be dis- charged from the custody in which he was then held, and also in the making of « inal determination by you upon the Writ of cerstorurl brought by the people to) revi adjudication and determination of th L. Learned, whereby you reversed the tion ‘and determination and remanded the sal D. Denison into the custody of Albert Gallup, Aibany county. Manifest error hath interven at damage ot athe said Henry D ae they deing willing that the error, if any, shal rected and full and speedy justice done tn thie premisos, do command you that without delay you distinetly and openl. send under your seal the record aud proceedings aforesaid, with all the things touching the same, to udge of our Court of Appeals, in the city of Albany, forthwith upon the fervice of this writ, that the record, proceedings and order of Judgment aforesaid being Inspeetod, we ma¥ cause to bo done thereupon for correcting that 6rror whatever of right ought to be done, 1xz8s—The Hon, Sanford B, Church, Chief Jndge of our Court of Appeals, ab se city of Albany, this aid day of No: vember, 1875. J. 8. PERRIN, Deputy Clerk Court of Appeals, OBITUARY. HON. SUDGE JOHN WELLS. Hon. John Wells, Associate Justice of the Massachu- setts Supreme Court, died at Salem, Mass., yesterday morning, 23d inst, after @ lingering illness, The de- coased gentleman was filty-six years old. ISAAC 8, HUNT, M.D. Isaac 8, Hunt, M, D., a leading physician of the vil- lage of Port Jervis, N. ¥., and well known throughout Northern New Jerse: York, died very suddenly yesterday morning of heart disease at his residence in PortJervis. He was about fifty-five years of age. HON, RICHARD FRANCHOT., Hon, Richard Franchot died at his residence in Schenectady, N. Y., at three o’clock yesterday after- noon, 23d inst. He was formerly a member of Congress from the Ovsego district, LONGEVITY In the column of death notices printed in this issue are the names of thirteen persons who had passed the ‘age of sixty years, nine who were over seventy, four Commonwealth, argued during the present month, affords Hinstration of the annlication of the same orig. lover eighty, and one who had reached the extreme aneth of tite embraced in ainetv three years ustices of said | and an extensive section of New | | have obtained a very great advan NOVEMBER 24, 1875.—TRIPLE SHEET. THE WAR SPECK. A Washington Correspondent's Alarming {nter- pretation of Our Naval Activity, WHO IS THE NEMY ? Not Spain or Mexico, but Great Britain. A -BIG' FISH BONE Sanguinary (Contention Anticipated Notwith- standing the Washington Treaty, The Immense Claims Preferred by Eng- land and Canada. eerie meee! WILL AMERICA DECLINE A SETTLEMENT? Bostoy, Nov. 23, 1875. The following exciting despatch was forwarded from Waghington to the Boston Herald at alate hour last night:— The rapidly arriving telegrams from the various navy yards, and especially the significant news from New Orleans that the government {s preparing to con- centrate a fleet of war vessels there, justify the despatches to the Herald announcing that the govern- ment 1s apparently getting ready fora foreign conflict of some gort ag fast as it can. This matter has now be- come asubject of the very first importance, ‘Three facts | are fully accepted by careful observers here as indisputa- ble:—First, the government is fitting out all its first class vessels and ® large number of iron-clads with the utmost despatch; second, the object of these move- ments is an absolute secret, the best kept state secret which Grant's administratton has évér held from the peoplo; third, the object ts not Cuba nor any of tho pending questions with Spain, Mr. Fish undoubtedly states the absolute truth when he says that thero is no pending unsolved question between this country and Spain which can warrant the Atting out of war vessels at this time, ‘ ‘THE MOMENTOUS PREPARATIONS going forward compel no little speculation as to the object. If we are secretly involved with some other government, curiosity asks what government it is against whose navy wo are likely to need so much defence? Weare apparently at absolute peace with all the world, We havea little bone of contention with Venezuela, but Venezucla is a weak country, can do nothing against us, and must pay the claim that ts over- due whenever our government has a mind to enforce it, Is the government going to take possession of the Isthmas of Darien and build a canal? That seems absurd. Congress alone could authorize any aggressive movement in that direction. We have adifficulty with Mexico relative to the border; but Mexico has shown an apparent desire to do justice there, Our trouble is not atall with the Mexican government, but with the Mexi- can bandits, whom Lerdo cannot control, Curiosity is wholly baffled by the problem; but there ts one nation with which we have a great unsettled question, and that ts ENGLAND. Persons well informed in diplomatic matters say ‘that the question is the fisheries, which was left un- settled by the treaty of Washington, and which our government gecms to be making no progress in sct- ting. Itis @ far moro considerable question than has been in the hands of any modern American adminis- tration, It is alleged that tho Canadian government, with the consent ofthe English government, has presented an enormous claim for damages, arising out of the fishing rights accorded Americans: under tht treaty = of = Washington. Be- cause of theso claims the commission which was to have assembled to settle the whole matter has remained unorganized. It will be remembered that ex-Governor Clifford was at one time selected to be @ mem- ber of this commission, but of late nothing has been heard of the matter. I have heard {t stated that the claims presented by the Canadians for these fisheries are in the nature of “(NDIRECT CLAIMS.”? The object of presenting them is said to be to enable ¢ English to recover the moneys which they lost by the arbitration at Geneva The claims are of such a nature that it is necessary that the very first step taken by our government shall be to repudiato them, as Eng- land repudiated our indirect claims under the Treaty of Washington for damages done by the Confederate cruisers, In order to take this determined stand, it is necessary that OUR NAVAL DEPRNCES should be in first rato condition. Whether this con- nection exist between the tmmense naval preparations making and the negotiations now going on with Eng- land time alone can tell, But if a conflict with that country were to be provided against it 1s very plain that our government would take exactly the samo course which it is taking now, It was provided in the Treaty of Washington that « commission should be appointed within ten years to determine how much money was due to Canada on account of the rights granted to United States fishermen to fish on the coast of the provinceg in excess of the rights granted to Cana- dian Oshermen to fish on the coast of the United States, Four and a half years have clapsed, and yet this commission is not organized. Queen Victo- ria’s government appointed a commissioner, ‘but our government has refused to allow the commission to or- ganize on account of the exorbitant demands of the Eng- lish and Canadian governments. During the session of the Joint High Commission it was offered on the part of our government to pay $1,000,000 for these fishing rights, but the matter was left unsettled, and now the | Canadian government asks fora sum vastly greater than this, Our government is resolved not to concede these de- mands, It is very evident that if our government con- templates any trouble with England the negotiations with Spain afford a very convenient shield for the real purpose of the government. LATBR PROM WASHINGTON. ‘The foregoing is supplemented by the following despatch from Washington this evening:— When the Joint High Commission, in May, 1871, signed the Treaty of Washington, leaving the question of the relative value of the fishing right granted the citizens of the respective countries undetermined, and relegating it to @ commission for settlement, it saved for England the right she wanted to lay claim for an indefinite amount of damages for the Canadian fish- eries, and left the way open to a conflict between the two countries over the determination of this amount What our government the Qshing rights granted in the eight- eenth article of the ‘Treaty of Washington worth {s indicated by the offer made on our part b; Attorney Geueral Williams of $1,000,000, The Engel retused to consider this offer, and a commission was proposed, one member to be appointed by the President of the United Staten, oot member by Her Britannic Majesty anda third by the representative of Austria and Hungary at the Court of London, This was wh: England really wanted—a tribunal before which she could present an enormous of offset to the award to be which was rt in the appointment of the commission, England nifestly had the advantage, as the Austrian Minisier at London, !t may be assumed, would be likely to be moro favorable to England than this country. by the fog ee of this treaty our government is bound to pay to England any sum which these three men, two of them almost sure to be in favor of England, might assess pon us If the commission was once in opera- tion there would be NO WAY oT for our government, This explains why our govern- ment has not allowed the commission to organize. Five years will ba lapsed next May since the adop- tion of the treaty. The Queen appointed her member of the commission long ago, and the responsibility for delay is wholly with President Grant and Mr. Fish, No wonder the Canadians are impatient and Kota leet The English government has presented on their behalf a claim vastly greater than the sum originally offered by our government, and is now waiting for the opportunity to press the claims. belore the commission, There is reason to belleve that the English government, finding our government balan indisposed to proceed to the adjudication of the award, bas adopted a firmer tone and indicated its in- tention of pressing ita demand, It 1s plain that they tage over us, and they ropose to lose this advantage by the dilatoriness sovernmant In faci the English haye com- don of 01 thought | | pletely turned the tables opon our government; whereas we completely defeated them at Geueva, have now obtained AN ADVANTAGE IN DIPLOMACY quite as great as we had over them at Gen Senting this enormous cla: follow our example in pre <3 In pre for the fisheries they only fo ting the indirect claims at Geneva, England is now firmly Supporting the Cana dian government in the demand for the determina tion of the amount due her under the treaty, and but one honorable course seoms to remain to our governinent, It is to refuse absolutely and at any risk to recognize the enormous claims which Canada bas presented. Hitherto Mr, Fish has Succeeded in delaying the question by a diplomatic correspondence; but the governinent at London and Ottawa have become very dissatisfied with this delay. The question must ere long come up squarely, Engla being the proponent. whether the United States will or will not proceed to organize the commission and allow the amount of the fishery damage to be determined, A VINAL ANSWER REQUIRED, There is reason to believe that this issue has already arisen, and that our government is preparing to reply. oneo for all, that it will not organize the commission while the Canadian deman: 80 exorbitant, and that it will never under any circumstances’ pay the amount claimed. Nothing can be plainer than that our government, in making this reply, must make it firmly and forcibly, and must do Prepared to sustain the refusal with its army and navy, if need be. Herein there is every reason to believe will be found the u: explanation of the extraordinary naval preparati now making by this country. “A survey of what doing at the different yards and ports shows that it ¥ not an offensive war against some other power, ub is A STRONG DRFENSIVS POSITION which our government is assuming. In this connestion the despatches from Newport concerning the orders to the torpedo fleet are of great importance. In the same connection the preparations making to protect the mouth of the Mississippi from the approach of a hostile fleet are of great — significance. It {s probable that by midwinter — every port on our whole coast will bo effectually guarded by torpedoes and tron clada. The apparent concentration of naval forces south of New York may be only a clever ruse to throw suspicion off the real intention of the government, but in concentrating a large fleet of iron clads at Norfolk and Fortress Monroe the government is only taking the most proper course to defend the Chesapeake Bay and the Capitol, which, in the last war with England, proved to be OUR MOST VULNRRABLE POINT. It is unnecessary tosay that if our government were going to choose the time to make a firm defence against foreign naval assaults it would choose the season of midwinter, when our fishing vessels have returned our whole northern border is absolutely sealed to for- eign fleets by the ice and when the storms clad vessels to cross the Atlantic, GRANJ’S TELBGRAPIIO INTERVIRW WITH SHERMAN. Wheo Genéral Sherman had a four hours’ talk by telegraph with the President the other day it was offi cially denied that the subject under consideration our ‘relations with Spain, but it may not be denied that the matters talked aout were the gyail- ability of the army for sudden defonco against a foreign war. ‘This telegraphic interview was extraordinary and 1s one of the most significant cireum- stances that has been mentioned in connection with the rumors of war. Another notable fact 1s that the English press at this time betrays a remarkable interest in our naval preparations and our foreign relations Subject than our own newspapers. Considering the gravity of our relations with England, {t is traly re- markable that the American public hes remained in such complete and blissful ignorance of the facts in the case, CLAUSES OF THE TREATY. The following are the clauses of the treaty relating to the fisheries question and providing for the commis- sion which our government has declined as yet to or- ganize:-— Ant, 18, It is agreed by the high contracting parties that In addition to the liberty secured to the United States fisher- men by the convention between the United States and Groat Britain, signed at London on the 28th day of October, 1518, of taking, curing and drying fish on certain coasts of t! British North American colonies, therein detined, the inhab- itants of the United States shall bave, in common with the suljects ot Her Britannic Majesty, the ‘liberty for the term of years mentioned in article 33 of this trenty to take Osh of every kind except shelitish on the se: and in the Daj bors and creeks of the provinces of . Nova, nd New Branswick and the colony of Prince Edward Island and of the several islands thereunto adjacent, without being restrictod to any distance from the n of drying lish, provided that in so doing they do not interfere with the rights of pri- vate property or with British Gshermen in the peaceful use of auy part of the anid costa in their occupancy for the same reserved exclusively to British fishermen. Ant, 18.—It is agrood by the high contracting parties that British subjects shail have, in common with the citizens of the United States, the liberty, for the term of years men- tioned in article 33 of this treal ‘take fish of every kind, except shellfish, on the eastern seaconsts and shores of te United States, and shores of the United States north of the thirty-ninth parallel of north latitude, and on the shores of distance from the shore, with consts of the United States an the purpose of drying their nets and euring their fish. vided that in se rivate property or with the fishermen Inthe penceable use of any part ol Shovermentioned iborty applics solely to the toe fab Above-ment ty applics sole! f or dt shad fisheries, an tall other fisheries ers and mouths of rivers, are bereby reserved exclusively for be rractgod of the It of the islands ptoeasala | nited States. "33 of this treaty fish o h of the inland lakes and the MM that the privile; tates, under artic! aceorded to the 18 of this treaty, ee that commissioners shall be appointed to determine, having regard to the privileges accorded by the Unite Btater tothe sabjects of Her Britannic Majesty, us stated in articles 19 and 21 of this treaty, the amount of ‘any com. any sum money which the said may so award shall be paid by the United States govern: 0 Sue, commissioner shall be hated by the President Her Britannte Majesty conjointly, jouer shall not have been 30 from the date when third Commissioner shall be named by the representative at London of His tion, being ealculated from the tirst date of happening of the « partios shall also name oue person to attend the com-nission As its agent to represent it generally in ali matters nected with the cominission. Aut. 24. The proceedings shall be conducted in such order as the Commissioners appointed under Articles 22 and 23 of this treaty shall determine, They shall be bound to receive such oral or written testimony as etther govern: ment may present. If either party shall offer oral testimony, the other party shall have tho right of cro: examination, under such rules as the Commissioners shall either party shall have The case on eithor side shall period of six months from the di of the commisst to give thei ‘As soon to possible thereafter aforesaid period of six months may be extende months in case of a vacancy occurring among the Commis Honers ander eireumstances contemplated in Article 25 0 the treaty. TROUBLE IN PRINCETON FORTY STUDENTS EXPELLED—THE OBJECT TO A SECRET SOCIETY, AND INSUD: closed COLLEGE, OP THE EXPELLED ARE SENIORS. Puixceton, Nov. 23, 1975. There is great excitement at Princeton over the ex. pulsion yesterday of about forty students for disobedl & secret society has been to ferret out the root of 16 from their evil finding that it was all to no purpose then taken to anexample of the leading organ- juers_ by expelli expelled beion, students cormplal trouble unless their expelled associates are reinstated. It is feared that the boat clu more will soon bo subjected to the same There any thing butunity reigning at that seat of jearnin, just now. Dr. MeCosh reconciliation. THE AMERICAN TEAM. Mioourtows, Nov. 23, 1875. The American team is expected to shoot on Thanks- giving Day at Florida, Orange county, Where General Dakin 8 apending a fow weeks. ns | from their stations along the Canadian coast, when | of the ocean renters it exceedingly ditticult for iron- | generally and seems to be far more excited upon the | coast and shores | Vand on the coast aud shores | purpose, Tt is understood that the above mentioned liberty Applies solely to the sea fishery, aud that the salmon and shad fisheries and all other fisheries in the rivers are hereby | the several islands therenuto adjacent, and in the bays, har- bors and crecks of the said seacoasts and shoresof the United | States and of the islands, without being restricted to any | the that for the term of years mentioned | and fish of all kinds, ex- commissioners ment in® sum within twelve months after such award Shall have been, given, Ant. 23.—Thi all be appointed in the fol manner, that is prescribe. I? in the case submitted to the Commissioners citied oF alluded to any report or within « of organization and the Commissioners shall be requested | about the er i Ba | Seventh street the tenement houses were being vacated for three FACULTY ORDINATION I8 THR RESULT—TWO-THIRDS ence of college laws. lt seems that for some time past in existence among the stu- dents, which was fast gaining headway and dangerous | o/ course disabled, and had Ww be withdrawn (rom the influence, notwithstanding the Faculty did their utmost — When the existence of the | " society was discovered and ite spirit and arms exposed doings and insabordination, but measures were | fell demolishing their tenement, ng them. Two-thirds of the number | to the Senior class Many of the other in that the Faculty has acted bastiiy and without sufficient cause, and threaten to create | bs, base ball and gymnastic exercises will have to be disbanded for some time in consequence of the expulsion of so large ® number of ents. Besides those already expelled it is said that 8 Much troubled over the mat- ter and sorely puzaled as to how he will bring about 3 AY OCEAN. ACCIDENT Accident to the Freneh Steamer L’Amerique. 'SHE BREAKS A SHAFT. Transfer of Cabin Passengers and Mails to the China. Arumor was current yesterday morning that the Transatiantique Company's steamer Amérique had again met with @ serious disaster in mid-ocean and that ehe had transferred her passengers to the steamer China, which arrived yesterday morning at Queens- town, Ireland. On inquiry at the offices of the com- Pany in this city M. Lous De Bébian handed to the Hxnauo reporter the following despatch, by which it will be seen that there cxssts uo cause for apprehension of any serious loss b The despateh is ag follows :— g sustained, Havas, Noy, 23, 1873. Braras:— China spoke Amérique 2 shaft broken; proceeding under sail Landed thirteen cabin passengers and mails at Queensiowa. VIAL, Mr. De Bébian said that as the China bad met with the Amérique on the 2lst inst, the latter must have been bat two days’ distance from Queenstown, and he had no doubt but that the ship would arrive at that port in due time under sajl, The breaking of ashaft | was a thing all ocean steamers are liable to have bap- pen them, and the only thing, then, to be done is to | Proceed under sui. The Amérique was well able to do } this, and sho ta consi by him to be now the | stanchest vessel in the Trausatlantique Company’s ficet, The fact, too, that but thirteen cabin passengers had been transferred to the China was, he thought, suflicient proof that the accident was of no | more serious nature than already stated, They | had all, he supposed, been offered by the captain the op- | portunity to proceed on the China, but, fading no cause for leaving the ship on account of danger only those probably peculiarly pressed for time, hud availed them. selves of the offer. The Amérique'ts commanded by | Captam Pouzolz, an experienced navigator and an officer of the French navy. oa THE PASSENGERS. Tho following is d complete list of the passengers and { crew of the Amérique: i CABIN. | Mr. Piquette and wite, Detroit; Mme Fijux, Mr, dé | Beausaeq and Mr, Jackson, New 'York; Mr. E. Larue, Havre; Mr, and Miss Chapin, New York; Mr. le Cte. de Saint Paul and Mme. la Ctesse, de Saint Paul, Paris; Mr. D. E, Easterbrook and wife, Mr. B, F, Isherwood and Mr. 7. Zollar and wife, New York; Mr. William Fur, Mr. Louis Fair and Mrs. George Fair, St. Lou | Mr. L’Abbe Sorin, Mrs. J. D. Bird and Mrs. Curtis an | enild, New York; Captain Behic, France; Mr, Ch. Hall, Now York; Miss Eliza Starr and Miss M. Letourneaa, Ohicago; Mr. K. Liais, wife and children, New York; | Mr. Le Bran and child, France; M. Dr. Fihol, Paris; Mrs. L. Potit aud child, New Orleans; Mr. C’ Hogle, New York; Mr. Gaetano Braga, San Francisco; Mr. L. | H. Brodeur and Mr, A. Brodour, Philadelphia; Mr. Redon, Paris; Mr. W. Starr, Boston; Mr, H. Schindler, | Mr. Lugi DePOrto, Mr. Prospero Luccio, Mr. P. Giraux, | Mr. Ch: Parisot, Mr. Feron Laplanche, Mrs. Isner, Mis3 | P. Giry and Miss H, Sehibba, New’ York; Geury, Havre; Mr, Conjard, Mr. Francois Bar | Caroline Diedrich, Mr. L. Daverne, Mr, A. Beal, | Brot, Mr. Zannier and Mrs. Fournier, New Yor! A. Pacha, New Orlcans; Mr. A. Ouardon and | O'Connor, wife and child, New York, STEERAGE Vincenso Losas, Ch. Brand, Guiseppo Georgi, Miss Rew | gina Habn, H, Langmeler, 4. Steigel, Champio, Ceralto, Pon, @. Sebastiano, J. Lianiers, C. Wolders, L. Soldini, ‘A. Bodinelli, Andrea Bizzi, Amadeo Casalini, A. Veraili, F. Dirand ahd wile, Ch. Taye, CL Dutont, L. ‘Sabatier | and wife, Sariol,' Girard and wife, J. Gerard, J, | Aip!, R Valenti, Ch. Fery, Mra Charnicr, E. Papon, Jacquemara, Robert, F. Milliot, A. Isolin, J. Toles, Le Fiscier, Jovani, T.’Soucaze, Proc, E. Wiedmer, 0. | Joson, Allain, P, Jopain, a. Cadols, Mrs, Rochut, C. Corget and wife, Eournadour, Mra 'R, Alexandre, P. Gabvrite, 4, Dutni, Chatondua, Craazat, Mra Gerard, | Comt, B.’ Shaner, "J. Charnier, L. Eurtn, EK Jacotot, Ch, Vasseau, Oh,’ Dieber. | THE CREW. | Captain, Mr, Pouzolx; First Officer, Mr. La Halle; Seo | ond Officer, M. Dauve; Doctor, Mr. Esquive; Purser, Mr. Lewal? Engineer, Mr, Gravier, and 123 men. The Amérique sailed from New York for Havre on th inst., with an assorted cargo of provisions, 600 x, ite ; Mr. Mr. AL rmission to land on the snid | pales of cotton and a qnantity of bemp and lard. Ves- 4 | sel and cargo are fully insured tp this country and ing they do not interfere with the rights of | of the United states f the sald coasts in their It is anderstood that the | between that date and the time of her meeting with yan | the China on tho 2ist, in latitude 49 deg., longitude Europe. She was spoken by the Germante on the 17th tnst, in latitude 45 dog. 98 min., longitude 48 deg. 61 | min.) and was then uninjured. The accident occurred 2y deg. west ' ‘A DERELICT. On April 4, last year, the Amérique left New York for Havre, and on the 14th was abandoned on the coast cept tivers falling into them, | of Brittany, The passengers and crew were taken off And except tish preserved In oil, being the produce of ths | tho vessel which was supposed to be sinking, by two HBshorius of the Halted Staten, or of fie Dominion of Canad | ghips and lauded at Brest on the 16th of April, Tho Sanicy rospeotively tree-of Guhye mitted Into rack | Ai rique was subsequently picked up by Enghsh as It ts asserted b: government of | steamers and towed into Plymouth, England. She was taken to St. Lazare, France, where she underwent a | thorough overhauling and was covered with two thick- are of greater value than.those accorded by articles 19 and ate: bull She is | nesses of iron plates on the outside of ber bul ST'oFAe eats forthe! sect of Hier Betuanie Mle. aa ae a ee gest tron merchant ships ment of the United States, it is ther ay afloat, | FIRE IN SIXTH STREET. Bengation whfeh tn thelr opinion’ oy Be paid bythe | Se anne ‘ debe 9 Unite to the gov About half-past four o'clock yesterday afternoon the + of Her Britannic M In return f A , SNOON thgor acconded to Wee citizens at” tne | employés in Joues’ brewery at Nos 619 to 638 Sixth United States, under article 18 of this treaty, aud that street discovered flames in @ room tn tho centre of the immense builaing, nearthe engiye room. They rushed for the fire extinguishers, with which the building was e commissioners referred to in the preesting | ainply supplied, and man‘ully fought tho dames for pearly half an hour. | At five P. M. Roundsman McGuire, of the Eleventh | precinct, was standing at avenue C and Sixth street, | when he saw the flames and smoke burst out of tho Manny, the faa LA wena -s ee’ doorway at No, 619. Catching an officer of the Seven- f Hangary. In case ol death, absences te: Gr incapacty of any Commissioner, omitting or | teenth precinct, who was going home, he sent him ceasing to sot, the vacancy shall be filed fm the manner | to the engine {n Fifth street, near avenue C, to give the ereinbefore provided for, making the original appointineut, - Elev > eethin the pellod of three months, in cast of euch subetita: | warm, while he went to the Bleveath precincy station. The firemen promptly responded, but when they reached the brewery it was wrapped in flames, The "The "Commissioners so named shall meet in the inhabitants of the adjoining tenement houses were So ges ee eee = mire wild wito alarm, and in a few minutes the Log at the — onritest € " Le Six ‘ Pave been: respectively named, and dhall, Befote proceéding pene age hig Fase poker heed le e Poet to any business, make and subseribe soiemn declaration W She dense aearosaly a tN ce nee that they will’ carefully and impartially examine and dren. The dense atmosphere drove the smoke down decide the matter referred to them to the best on the street, and police and fremon bad to grope their | of | their | judgment | and ‘according to Justice | way to the sceno of destruction. ond ety, jecetegn Man the tgk chiens ‘The fire ts sapposed to have been caused by a defec- tive gas-pipe. The room became Mlied with gas, and when a workman who was engaged in hghting the | puiiding entered with a lamp an explosion ensued, which shook the building to its foundations and enveloped it {m flames. In the apart ment a number of cakks were stowed prepara- | tory to shipment, From one department to another the flames quickly spread, yu thg entire establishment became a mass of falling walls and cfackling beams, At intervals sharp expiosions sounded from the glowing heap of blazing timbers, announcing the ravages made docaments in {ts owh exclusive possession without : eae oe spy auch ‘party, Shell be “bound, | $8. the vaults, and the loud rumblings betokened the {f the other party thinks proper to apply for ; fali of walls or floors, At six o'clock a portion it, to furnish that party with a copy thereof, and of the south wall crashed over into Sixth either party may call upon the other, through the | street, and at balf-past six the rest of it caine down. such ressqnable mosios ‘se she Gommuisdoners may require, | Yat. sheet of Tame rose from the aconmeleion. 2 | ruined buildings in the centre, and on either side | tongues of fire were licking Wie walls and playing evices of buildings still standing, In | by their frightened occupants, At nine o’clock nearly | the entire brewery had fallen, aud the tenement houses: adjoining were saved by the efforts of the fire depart- | nent, tho destruction being limited to the premises of . Jones. oder betore the rear wall fell, Thomas Head, pipeman of | Engine No. 6, was on duty Detund the rear wall, He hoard the order, “stand clear,” but was covered by the falling wall and Severely injured. At the same moment. | an accident occurred to Engine No. 28, which mij have resulted in loss of life. While working with a pressure of some thirty pounds of sieam to the square Inch the vacuum cap became loosened, and as the en- | gino rocked to and fro under the suock of the rapidiy | revolving machinery the great brass bulb began to turn on the screw, and final iy becoming freed shot into | the air with & whiz, and ee rien on the sidewalk in close proximity to a group of spectators, and crashing through the flags half buried itself in whe earth. Fortunately no one was burt. The engine was G scene. “omoer MeGuire, of the Eleventh precinct, resened rs, Weiss and baby—the latter a week old—from one of the adjoining tenements, No. 640 Sixth street, M th ers of it were ordered to break it | Adam Pohlei, of No. 208 Seventh q 9 ih” the; stubbornly refused to do, threatened tenement Mr. Folmer, a and Ps y | wife and baby. Gotng buck {nto the danger he rescued The Faculty worked hard to dissuade them | jirs Longschuler and baby, and had conveyed them to a place of safety when the rear wall of the brewery At ten P.M. the brewery was in ruins; but no other damage was done except to the rear tenements at Nos, and 210 Seventh street. The damage, so fur as could be ascertained, was as follows:—Jonos’ brewery, 250 fect front on Sixth siteet and 100 feet deep ov the main Sete We ton wing extending northward to Sevent street, 25 feet wide, including stock and meine $200, 500 ; insured in various companies for No. 208 Seventh strect, rear, owned by Mr. Langschar, damaged $1,000; tnsured for $7,000 on tront and rear | tn the German American Insurance Company. No. 21 rear, owned by Mr. Schrader, damaged j insu in the Hamilton and Continental Insurance Company. It appears, from evidence gathered on the ground Jast might, that the walls of the Jones brewery sepa- rated last Week by the pressure of grain on the and the building Was condemned by the proper ofeers, Groat alarm prevailed amoug the residewts of the ad- Joining houses that the walls would fall et them, ‘and, amid all the terror and excitement of the fre, the fenement popniation rejoiced when the walls fell’ that they had not sent the women aud ebiidren to a fery grave.