The New York Herald Newspaper, March 29, 1876, Page 4

- £ GENERAL SCHENCK The Ex-Minister Before the Committee on Foreign Affairs. HIS CONNECTION WITH THE EMMA MINE, Caustic Review of the Action Against Him in His Absence, ‘HIS PURCHASE OF FIVE HUNDRED SILARES. The Amount Paid and the Manner of Paying. Wasmixeron, March 28, 1876. Ex-Minister Schenck appeared before the Committee on Foreign Affairs to-day, bringing with him a satchel filled with papers. He privately complained of being weak, not having fully recovered trom his recent attack of sickness, Ex-Senator Stewart and other gen- tlemen connected with the Emma mine transactions were present, Mr. Schenck read the following paper:— LETTER TO THR COMMITTEE I desir’ respectfully to state 10 the committee that eince my arrival in Washington I have read the printed testimony of James E. Lyon and Hiram A. Johnson, on which the charges against me appear to be founded. The testimony of those witnesses was taken in my absence and without any opportunity for ecross- € tion, This evidence is proposed to guow that the sale of the Emma mine by Jhesers, Park, Baxter and Stewart, of the Emma Mine Company of London, was a fraud and that to the consummation of spch traud I knowingly lent the as- sistance of my name and official position. The charge 48 a Very grave one and | ask for the most full investi- gation of i, For that purpose, although not invited to appear before the committee, I left London as soon as | learned from the newspapers what action had been taken and came at once to Washington, 1 might rest my vindication upon the simple state- ment of my own connection with the tras tion in question, which 1 propose to make, trom which it will Appear that, under a sincere belict iu the value of the mine and the bouesty of the sale of it, I bought and paid for the shares Lhold now and sustained a large pecuniary loss Butas the committee have received evidence growing out of the previous history of the mine and intended to show that it was of little value and the sale of it was fraudulent, and this —s evidence — has-been widely published, I deem it suitable to my complete | Vindication that the committee should hear testimony upon these points, I am prepared to lay before tb committee unquestionable ‘oofs that the eviden which has been taken is false; that the witnesses who gave it are ot intamous character and not worthy of tredit under oath; that the sale of the mine was fair, aonest and straightforward, without falsehood or fraud, and made by men who had paid a large sum of noney for it and implicitly believed in its value; that she purchase was not made on the laith of any repre- tentations by the sellers, but upon exactaccounts of the actual product of the mine for nearly a year belore the sale, and upon caretul survey and exainination of it by competent persons employed by the buyers for that purpose; that the mine continued for more than a yeur after the sale to yield large monthly divi- dends; that the confidence of the sellers | tn it Was such that after their interest had been sold and paid for some of them purchased largely of the stock at high prices and also loaned the company large | sums of money; that the subsequent failure of the mine Was owing to mismanagement in its working; thatthe mine is to- if properly worked, in all probability as valuable 4s it was claimed or supposed to be, and finally, that, so far as I know or be parties in England who were concerned in its original purchase bave never claimed that any fraud or iinp sition was practised under them, that claim having een receutly set up by those who have bought the stock since the alleged failure of the mine at a nominal price. It will be apparent to the committee that this proof must involve the interrogation of a considerable num- ber of witnesses; that the evidence cannot be presented except turough the means -universully employed in judiciat tribunals—the examination of the wiinesses by competent counsel acquainted with the oa subject, of course, to such further questions as any member of the commfiee may wish fo put; that to conduct the inquiry by calling upon witnesses to examine themselves or by Such desultory aud imperfect examination as must be made by a comi- huttee not informed of the facts, would be extremely unjust to the party who relies upon the testimony, and would tend to obscure the truth rather than to elicit it. 1 have, therefore, to respectfully request ot the committee that the usual privilege of the assistance of proper counsel may be accorded, as well tor the cross-examination of the witnesses who have testified Against me as ior the examination of those whom I desire to produce. Should the committee be pleased to accede to this, my request, as 1 cannot doubt they will, | will be ready to proceed with the cross-exam- | ination of the witnesses or my own statement, as the committee may think most desirable. I ntle- men, very respectfully, ROBERT ©. SC. Mr, Falkner said that Mr, Schenck mistook. It was the fntention of the committee to invite him to appear betore it, Mr. Swann also remarked the committee would give Mr. Schenck every facility with the aid of counsel, Mr. Schenck then gave a circumstantial account of his connection with the Emma mine. GENERAL SCHENCK’s TESTIMONY. Atter a few preliminary remarks, he said that in Oc- tober, 1871, he met at Edwards’ Hotel, in London, ex- | Sepator Stewart amd Mr, Park; it was at the table of William M. Evarts, of New York; he was not sure whether it was at the table or at a subsequent inter- view Mr. Stewart said something about the purpose of bis visit to London «and intormed him that he and Park were interested in the property of the Emma mine and were desirous of put- ting the stock on the English market, and that they were then engaged in. negotiations. In mak- ing this communication to him, either at the dinner table or afterward, bis attention was directed to what Mr. Stewart called the Little Cottonwood Canyon in Utah. He represented that when at the Land Office in Washington, just before be left the United States for London—calling there for the purpose of effecting the promotion of a clerk—the Commissioner exhibited some rich silver ore found in the Little Cottonwood Canyon. Reverting to his sojourn in London and to his there having met Park for the first time, and afier Hearing of the object of the visit of Stewart aud Park and their conversation as to the Value of the property, the sug- gestion was first made by Stewart to Schenck that the latter ought to become interested in this valuable property, the finest yet brought out, Schenck answered he bad no means to invest, and if he had he Would not go into the matier unless he could con- siderably add to his iucome by taking a considerable number of shares. This led to a conversation which increased his inter- est on the subject. He consented to look into the mat- ter, to see whether it was worth his while to invest, provided he could obtain the means. He thought Stew- art was exceedingly anxious tfat hoe should have an opportunity to profit inthe business. He told him Schenck) that Park would assist him, and would give him time if be would take 500 shares, or make an in- vestment of some degree of importance. Mr. Schenck wished to Know the value of the property. They gave him diagrams of the mine, and showed him statements of the working operations, the saies of ore at London, Liv- erpool and Swansea and the balance in bank. They als told him they hada report ou the mine irom Pro tor Silliman, showing the valuc of it. A day or two after this conversation they showed hymn Silli- man’s report, and Schenck finally inade up his mind to invest m the mine if Park would jet Lim have the money on time—say for « year— shares, This matter was seule himself about the Ist of November, wh ment was reduced to writing ana execu not true, but utterly false, that the written or executed at any time prior tc bore. the date it THE EX-MINISTRR'S PURCHASE, Mr. Schenck them exhibited the agreement for Sou shares, Park mniging to give Schenck two percent a month on the shares while they should be bei by him or take them back at par, Subsequently, at Park’s requ Schenck agreed wo a redu tion to one and a half per cent. Schenck ven bis note to Park for £19,000. For thirteen mouths Schenck anu the other stock ved one and a halt per conta month. At the time he made thig agreemeut there had bee! Organization of acompany. At the time of its execu- tion there was no suggestion whatever that he should have anything to do with the management of the com- pany. Afiverward, however, Park and stewartthought sehenck ought to be one of the agers or directors dissented from ere: seemed to be a plausible reas: but he still objected, saying he doubted the propriety of bis baving any- thing to do with the ‘management while there in a representative capacity, unless be could be satisea there were precedents of the kind. If this shouid be done, another condition would havo to be complied with. He must know the names of all the directors, ashe had thus far heard the name of rson who had been asked or agreed to be+ lirector. Om the 8d of November th of such persons were furnisbed to hii I aequainted with any of them, but he lear Were Er O8H ham Members of Par gentlemen in high position. ‘The precedent for a For- eign Minister bolding an office in a joint stock com pany was found in the Minister from’ Portugal, one of the oldest’ and most respected of the Diplomatic Corps, Who was president of a tramway company in Lisbon, the stock of which was being put on the market. Schenck had nothing to do with the prep- aration of the prospectus of the E: Mr. Schenek then reverted to his with Secretary Fish in relation to his bei to the painful eritiersm which this f which resulted in his resi as a director, the government regarding the holdiug of such an oilice im- proper tp an accredited Mimister to Engiaud and re- quiring him to withdraw as a director. WITHDRAWAL FROM THE DIKKCTORSHIP. On the 6th of December, 1871, Schenck formally Mr. Schenck said withdrew from the directorship id not know there when he went into the business b was such @ person as Albert Grant, not being acquainted in stock or financial circles. Mr. Schenck attended iy meetings of the Board—on the 2 of November— having resigned in De: went near the Board ot Directors or company He took no part in the management, except giving a proxy to vote against Gardver’s scheme. Hw (schenck) related how he and a friend bought 500 shares in the open market at £30 or £31 a share, and arranged with Jay Coo McCultoch & Co. to carry thut stock, putting up as 000 gained by the purchase and sale of 3, Eventually the shares were sold at £14 per share In a subsequent part of his statement General cnek calculated his losses in such speculations at 50,000 or $00,000." OF the 500 shares he originally ob- tained from Park he sold twenty-live shares to Mra Bates, receiving £20 a share, He would have sold the remaining shares but for the fact that he had been 80 much abused and criticised, This determined’ him to retain his shares, which he now held, THE SETTLEMENT WITH PARK. In explaining the settlement with Park Schenck said he gave him the £400 he received from Mrs. Bates and £1,894 in addition. note which he had given to I been returned to him, ‘Thisamount Schenck did not understand til his final settlement with Park. It seemed that Park had some arrangement with Grant for the payment of a commission to him on the shares, and that Grant gaye Park a commission on the 500 shares held by Schenck, of which Park said Schenck ought to have the beneiit, as it belonged to him. As to the payment of the remaining indebtedness to Park, the jaiter told him he need not trouble himself, and that he felt as safe without security as with it, as he knew it would be paid. Mr. Sche: then related how he paid the remainder of the amount due to Park in sto &e. Mr. Sebenck then alluded to other matters of less importance in connection with the Emma mine, and read a letter from Sir Roundell Paimer in reterence to & law suit, disproving statements which had been made against him, As to Lyon, some of whose statements he characterized as hes, he did not know that he had ever seen him The committee adjourned till to-morrow morning, when Mr, Schenck will again appear. THE FREEDMEN’S BUREAU. THE QUESTION OF MISAPPROPRIATED FUNDS— A sToRY OF THE VOUCHERS—COMPLAINTS OF COLORED SsOL- DIERS—WHO RECEIVE THEIR BOUNTIES, [PROM AN OCCASIONAL CORRESPONDENT. ] = Wasurnarox, March 27, 1876. ‘The latest developments in the matter of the old Freedmen’s Bureau seem to indicate that martial law having failed, the civil law will at length be appealed 10 with the view of recovering from General Howard about $150,000 acknowledged to have been received by his agents and for which it is proposed“to hold him re- | sponsible to the United States. THE WSTORY OF THE CASE is so peculiar that it will bear a repetition at this june- ture. 1t will be remembered that charges were made against General Howard by the War Department which resulted in a joint resolution of Congress, ap- proved February 13, 1874, requiring the President to convene @ court of inquiry, ‘to fully investigate charges against Brigadier General 0. 0. Howard, and to report their opinion as well upon his moral as upon his technical and legal responsibility for such offences, if any, as may be discovered.” Meigs, McDowell, Pope, Getty, Reynolds and Miles composed the court, with Major Gardner as Judge Ad- vocate, and, after a session of forty-two days, not only declared the accused “not guilty,” but closed their findings with the following panegyric:—“The Court find that General Oliver 0. Howard did his whole duty, and believes that he deserves well of his coun- try.” ings ana tindings of the Court with bis usual causticity, and the whole report, imeciudiug the verbatim @yi- dence, arguments, exhibits, &c., makes a plothoric “public docuinent” of 1,033 pages. DISAPPEARANCK OF YOUCHERS, In his evideuce before the court General George W. Balloch, disbursing oflicer of the bureau, testified that in July and August, 1865, he received $105,918 98, being the balance of local and State bounties paid tor colored recruits by the Northern and Middle States to fill the quotas, but withheld from said recruits by order of Geueral Butier, commandding the Department of Virginia and North Carolina. Part of this amount | was 1n seven-thirty bonds, and the premium, inter- est, &c., realized from these bonds swelled the total to $119,021 19, of which he ciaimed to have pad out $117,992 60, leaving a balance of $1,628 59, which was ultimately turned over to Captain’ James MeMillan, the present chiet disbursing otticer of Branch, Adjutant neral’s office. The vouchers for the amount expended were sent tothe Third Au- ditor, who, after keeping ther ne time and partially examining them, decided that would have noth- img to do with hem, ‘They were then referred to wh | Second Auditor, who also declined to audit them, on the ground that they dia not represent disoursements of public fands. The Second Comptroiier concurred in this decision, and the vouchers were carted back to General Bailoch’s othce, where THE RATS FEASTED ON THEM until, as is surmised, se ne sold what was left of them for waste paper. At any rate they disappeared, when or by what ageucy has not been satisiactorily explained. GENERAL HOWARD'S RESPQNSIMILITY, Throughout the inquiry it was beld by the govern- ment that General Howard was the legal custodian and trustee of all moneys pertaining to the Freedmen’s Bureau, and that if bis agents have been guilty of malfeasance or fraudulent practices he is responsible, wud this question@vill have to be tested by a civil suit for the re accounted for. poUNTIRS NOT P. It appears that comp y being made by colored claimants that they have never received their bounty, although the records show that they have been paid, but the vouchers which should contain the requisite ‘evidence of payment, and without which there is in fact no evidenve that a single ciaimant bas been paid, are nonest. There are also numerous com- plaints of’ the non-payment of back pay and bounty to colored soldiers or their heirs, in regard to which the nd Auditor, m his lust following remarks of the See annual report, are pertinent: “In my last’ report the se of frandulant cases requiring investigation was accounted tor by the fact that, si the transier of the Freedmen’s Bureau to the War Department, frauds and malpractice bad been discovered in the ment of claims by the sub-agents Of the Inte Commissioner of the Bureau; and it was then presumed that the number would continue to in- crease until some detinite action should be taken by superior authority to determine the civil liability of the bonded agents of the Bureau. Many cases then iu the hands of the law officers are yet in statu quo as regards action on the bonds, and it is perhaps advisabie that they should remain so until the ullegations as to non-payment, faise vouchers, &., shall have been fully inquired into by the differont United States attorneys, and some deli- nite conclusion arrived atas tothe facts and the lia- bility of the suretie: THE SUB-TREASURY VAULTS. The Treasury Department at Washington some four months ago instructed Mr. G. L Damon, of the Ameri- can Steam Safe Company, of Boston, to replace the eight old-fashioned vault doors of the Sub-Treasury in this city, built in 1863, with the improved doors made by the said company, The doors have now arrived and workmen are engaged in fitting them into their places, aud work is continued nightly till eleven o'clock, Superintendent of the Sub-Treasury, Cay- wood, remains til the workmen have all gone, There are two vaults, and each of them is receiving four new doors and vestibules, Each or weighs about three tons, and is made of iron and welded stecl, each fitted with double combination and chronometer locks. The npleto for @ coupie of weeks at least. Iti the intention that when fivished they I be the strongest vauit doors in the world, The verage amount deposited in the Sub-Treasury vaults is about $10,000,000 every night. work will not be cc THE LIQUOR DEALERS, The Liquor Dealers’ Central Organization, composed of delegates from the liquor dealers’ societies of this city, Brooklyn and Williamsburg, held a meeting at the Germania Assembly Rooms yesterday. Colonel Schwarz presided. It was stated that a combination had been en- tered into between the Wine and Spirit Traders’ Asso- ciation and the temperance organization to have the heense lee raised to $250. The oilicers of the organiza- tion were directed to look into this matter, A communication of the hquor dealers of Buffalo was received, asking for support im the stand they bi taken aganist the Sunday law. A similar meeting of the German saloon keepers was held 10 the same hall @ short time after, THE SEVENTH REGIMENT. Colonel Clark, of the Seventh regiment, has re- ceived an offer irom the Philadeiphta Centeunial Cou mittee offering suitablo camping facilities. A regi. mental committee will visit I L select the encampurent ground. 1.000 men ia Line When the Seveuth goes om. DISAPPEARANCE OF | Generals Sherman, | Judge Advocate General Holt reviewed the proceed: | the Freeamen's | y ol the moneys Which have not been | of the Governments | THE. CUSTOM HOUSE. | SPECIAL TREASURY AGENT JAYNE AFTER | DEPUTY COLLECTOR LYDECKER—PROPOSED | REDUCTION OF THE REVENUE FORCE, There was a great deal of uneasiness feit by Custom House attachés in the big granite building in Waly street yesterday. All sorts of rumors touching secret investigations of the ‘several departments and threateued removals ofelarge and small officials were rife. Of vourse the sense of insecurity consequent on these mutterings brought politicians of every grade in the local republican regiments to tne offices of the Col- lector and Surveyor for information touching the im- portant movements in prospect. Some of the heavy men in the party came down to look after their (riends whose places were liable to become untenable, or to be first in the market to obtain situations for kinsmen or clansmen in the event of immediate removals. Prominent among tho visitors were ‘Jake Patter- son,” Major Bullard, Jud Dittendorfer and some others who are always on deck when any- thing is stirring in the New York Custom House, or anything is to be made there. In Tact, the corridors , Were thronged all the atternoon by republicans of every rank andtype, But the fearful and anticipators of coming evil were most numerous, There was no doubt | whatever that somebody was in trouble, and it after- | ward transpired that the unlucky individual was Special Deputy Collector John K. Lydecker, who has been connected with the Custom House since the ad- ministration of President Buchanan and the Coliector- ship of Augustus Schell, Although the officials them- elves did pot care to say much about the matter, a utieman who tor several years has been well in- jormed on all things appertaining to this department of the revenue service iold a HekALD reporter yes- terday evening that the only investigation pend- ing Was that instigated by the well kuown Treasury agent, B. G. Jayne, who is now in Washington. The story goes, and there can be little doubt ol its Accuracy considering its source, that for # long time Mr. Jayhe has been hunting up evidence against Mr. Lydecker, toward whom he bas never felt’ very kindly disposed, and having obtained what he deemed suill- cient he jaid the same before Secretary Bristow, who communicated the matier to Coilector Arthur and United States District Attorney Bliss tor their iuvesti- gation, Carelul inquiry into all the facts has not thus far, it Would seem, proven aught against the Deputy Collector other than slight carelessness im one or two small matters, which were afterward adjusted. It ap- pears that Mr. Jayne’s principal charges are four in number, which merely involved a temporary neglect im the collection of duties on goods that were not assessed ior sums greater than $100; indeed one did not exceed $25. All were finally collected through the etforts of Deputy Lydecker, The HxRaLp reporter's in- | formant wasa Very prominent republican, who in the | present state of political feeling would ‘hardly have | taken the pains to whitewash Mr. Lydecker, who is a | democrat, if be were proven guilty, At ’any rate, the condition of affairs now m the Custom House, ac- cording to the statement of Collector Arthur, docs not arraut or justily the sensational rumors current touching progressing or pending investigations, When spoken to by a Henazp reporter ou the | day the Collector simply said what the: | Yestigation being carried on. He had little else to say, | | because no notice of such an inquiry’s probability had | | been given him by the Secretary of the bd entet 9 { | Still, if the words of others be worth attention at all, | there 1s likelihood of disastrous chunges to others tha | Mr. Darling, who resigned trom the Appraiser’s Depart- | ment on the 20th mst. It is altogether likely that the | | visit of the Solicitor of the Treasury, Mr. Wilson, to | this city alter Mr, Dariing’s resignation bas brought something to light not altogether tavorable even to Deputy Collector Lydecker. Such is the view of the | | suvject taken by a@ great many persous in the Custom | House, whose names it would be unjust to give here. | Further than mere rumor in this direction nothing for | the present could be said by any one attached to the | Custom House. Even Surveyor Sharpe, who 1s uni- | forily so courteous and trauk to members of the press, | | \ | | | had nothing to communicate. ‘One thing 1s certainly true, and it is that the Secre- | tary of the Treasury has ordered a reduction of the | present working iorce in the New York Custom House, Sixty men are to be stricken from the rolls, | and the department is to be carried on without the va- | | cancies being filled. Up to last night nothing bad been | done in this direction by the Collector or his suber- | dinate chieftains, but it was thought thatthe ‘black | list” would be ready to-day and the unfortuuates made | aware of their rewoval before pay day. It is strange how quickly this order was unaerstood in the Custom | House, even though it not been promulgated by the officials, The persons actually employed in the building take some comtort from the whispered in- timation that the mien to be discharged will be fiity | night watchmen and ten day inspe The former | are paid under the late reduction $2 70 per day, and the latter $3 60, It is believed that the service can be | | conducted without these sixty public servants, ‘A very ridiculous display of jeeling was manifested by a number of Custom House attachés yesterday When somebody informed them that Hon, Fernando Wood had refused to vote for the appropriation of a sum of moncy to pay this month’s saluries, The indig- bation of mauy Was sublime indeed. BUSINESS TROUBLES. Messrs. C. & H. Hayman, proprietors of the Metro- ' politan livery stables, of No. 213 Kast Twenty-fourth street, have got into financial difficulties, and made an assignment to Manuel Emanuel for the beneilt of their creditors, James P. Porter, paper dealer, of Duane street, has gone into bankruptcy, George A. Olney has been adjudicated a bankrupt by Register John Fitéh, of No. 345 Broadway, Mr. Olney filed his petition in voluntary bankruptey on Monday, His liabilities amount to about $35,000. His largest creditors are as follows:—D. E. Olney, of Brooklyn, $10,000; —— Wilson, $5,500; L. J. Holt, of Bound Brook, N. J., $5,441 03; John T, White, $1,989 12; J. 0. | Smith & Son, $1,135 98; R. Estabrook & Co, $1,120 96; C. F. Rumpf, of Philadelphia, $1,033 44; SD. «Greene, of Providence, R. I, $1,156. Register Fitch has selected the 3d of May as the day on which the first | meeting of Mr. Olmey’s creditors sball take place. The | purpose of that meeting will be to prove claims and elect an assignee. The tollowing insolvent schedule was filed yesterday an the Court of Common Pieas:— Rovert Halsey to George W. Powers; liabilities, | | $78,504 TL; nominal assets, $266,579 40; actual assets, $50,274 82’ Bond ordered tu the penalty of $50,000. Mr. Robert Macdonald, importer of laces, white oods, &c., of No. 408 Broadway, said yesterday that his liabilities would probably not exceea $100,000, His assets, under ordinary circumstances, would more than have covered his debt# but with the present de- preciation of prices it would be difficult to even esti- mate their value, The cause of the tailure was due, in great measure, to bad debis following the panic of 1873, and vo the fall in the prices of the goods in which he deait. This same depreciation would operate in the realization of values on his assets; but he hoped to make a good showimg in the statement he was prepar- ing for his creditors, His creditors are mainly in Europe, although some of them are scattered about throughout the United States 3 Martin Bates, Jr., Edward J. King, Moritz Levene, May & King, A. Boskowitz, Louis Roessel & Co,, Her- man Bros. Rosenbeim & Uo., Emanuel Boas and six- teen other ¢reditors of H. M. Silvermann, furs, No, 654 Broadway, have filed a petition in bankruptcy agatust him, and the order is made returnabie ov Saturday next. The claims of the petitioning creditors amount to $122,700. The following are the principal credi- tors ritz Levene, $16,540 33; Edward J. King, $13,023 62; A. Boskowitz, $11,625; Baldwin & Hills, $10,551 75; Emanuel Boas, $9,502 $9; William Rosen- heim & Co,, $9,060 70; Baldwin Manutucturing Com- pany, $8,080 61; J. Lissner & Co., $7,962 41; Lows vessel & Co., $7,795 13; Martin Bates, Jr., $5,443 42; Henry Goldsmith, $2543 50. Mr. Silvermann is en- deavoring to compromise at thirty-three and one-third per cent, and many of the creditors have accepted his proposition. His liabilities are $230,000, Charles A. Bucensick, builder, No. 210 East Fifty- sixth street, has been adjud: Register Ketchum, on the petition of. George Douglass, & J. Fletcher, Bell Brothers, H, Rosenthal, B. M. Stillwell, Alexander Goodman ahd fittecn other creditors, The claims of the petitioning creditors amount to over $60,000. Among the largest claims are the following: — Bell Brothers, $12,916; George Douglass, $8,300; Max Danziger, $5,000; S. J. Fletcher, § Randolph Guggenheimer, $8,000; Jacob Cohen, $3,000; Alexan- der Goodman $3,000; B. M. Stillwell, $2,500; Israel Heyman,, $2,000, A meeting of the creditors, to prove their debts and choose an assignee, bas been cailed for April 10, at No. 129 Fulton streey THE TORCH IN CUBA, News was received in this city yesterday of the burning of the Flor de Cuba plantation, in the neigh- borhood of Matanzas, Cuba, by the patriots. The plantation is ono of the finest in the island, and for- merly produced about 10,000 boxes of sugar a year. The proprietor 98 Signor Arrieta, a Cuban by birth. ‘Two of his sons lost their lives in the struggle for free- dom in Cuba, They joimed the expedition on the Lidap, which vessel was captured by the British au- thorities at Nassau. The two young men returned to this city, aud subsequently successfully landed in | Cuba, joinéd the insurgent forces and were killed. STATEN ISLAND ROUGHS. | Patrick B. Manning, George Corning and Rudolph | Dillon, Rocky Hollow Modocs, were arraigned before Justice Kassner, at Stapleton, yesterday, on the charge of violent assault and battery upon Captain Peters, of | the schooner Mary A. Tyler, lying at Egbert’s dock, where she was discharging cargo. The prison boarded her and demanded work, and were orde | ashore by the captain, when Manning dealt him a heavy blow on the side of the head. Manning was held in $400 bail, and Corning and Diilon in $200 each to appear for trial. A WHALE ASHORE. | | An immense dead finback whale went ashore at | Squan Beach, near Life Saving Statidh No. 10, on Mon. | day morning. It measured forty-six feet in length and | | wall yield about thirey barrate af ait, | will be ready within three or four days, Pending ac- | tion by the State and national authorities, the Com- | | The | tion and laws of the i the case. fally EW YORK HERALD, WEDNESDAY, MARCH 29, 1876—TRIPLE SHEET. THE IMMIGRATION PROBLEM Decision of the United States Supreme Court. OPINION OF JUDGE MILLER. Action of the Commissioners of Emigration. Early yesterday morning the mails brought to New York the text of the decision of the Supreme Court of the United States in the case of Henderson and Hen- derson against the New York Commissioners of Emi- gration. The case came up on an appeal from the Cir- cuit Court for the Southern District of New York. The same mail brought the decision of the same court in the case of the Commissioners of Emigration against the North German Lloyd steamers, | In the opinion of the Supreme Court of the United States in relation to our immigration laws, a copy of which is published velow, it will be found that it has decided that the present provisions of the passenger laws of this State relating to indiscriminate | bonding of passengers, or the payment of head money | in lieu thereof, are unconstitutional and void. While the Court is of the opinion that the whole subject of im- migration belongs properly to Congress, it is not prepared to say, in the absence of such legislation, whether the States can by appropriate enactments pro- tect themselves against actual paupers, vagrants, crim- inals and diseased persons arriving in their territory from foreign countries, The Court is cautious to ex- press no opinion on this point, No other provisions of the passenger laws were called in question, and it would seem, therefore, that all the powers and duties of the Commissioners of Emigration not embraced in this decision remain uoimpaired and im full force. A meeting of the Board of Commissioners of Emigra- tion was called for two P. M. yesterday. Messrs. For- rest, Huriburt, Maujer, Starr, Schack and Lynch were present. The counsel for the Board, Mr. JohuE. — Develin, read the decision. | On motion, it was resolved that a memorial setting | forth the present condition of afairs at Castile Garden and Ward’s Island, the number of disabled’ and dis- eased i grants now entitled to claim protection at | the hands of the State through its Board of Emigra- | tion, and asking for immediate instructions for | the continuance of work, and also for an appropriation — to defray the current expenses of the hospital at Ward’s | Island and the runniug of Castle Garden landing | bures should be prepared. The counsel for | the Board was directed to prepare the me- morial and to submit it for approval It missioners have decided to continue to extend the benefits of Castle Garden and Ward’s Island to all needy | immigrants, without charge. The Commissioners say that even if the national government appoints new | Commissioners, it cannot reduce the salaries, because | the services of the Commissioners are rendered gratui- tously, and always have been. } Yesterday afternoon a steamboat load of sick and disabled immigrants were sent from Castle Garden to | Ward’s Island At five minutes past three o’clock P, M, the Cunard steamship Algeria, with fifty-eight cabin and forty-four steerage passengers, was sighted in the offing, and half-past gix o’clock P. M, touched her wharf at Jer- sey City. The cabin passengers were landed at the company’s Wharf aud placed in carriages to convey them to their hotels, Mr, Corus, of the Cunard line, with his staff, was present, ready to torward steerage ; Dutasa violent storm of wind and rain ig over Lhe city, it was deemed advisable to | keep those passengers on board until morning. Then they will be furnished with a warm breukiast and tick- eted to their several points of destination, Mr. Cortis | said that il there bad been 100 passengers in the steer- they would have been landed at Castle Garden. THE DECISION OF THE UNITED STATES SUPREME COURT. Nos. 880 and 633.—October Term, 1875.—Joln Hen- | derson and Thomas Henderson, appellants, ys. | William H. Wickbam, Mayor of the city of New York, and the Commissioners of Emigration—Appeal from | the Circuit Court of the United States for the Southern District of New York.—James Emott for appellants; Francis Kernan and John E. Develin for respondents. | Tl Commissioners of Emigration, North German — Lloyd—Appeal Circuit Court of the United States for the District of Louisiana ;— 1. The case of the city of New York vs. Miln, 11 Peters, 103, decided no more than that the require- | ment from the master of a vessel of a catalogue of his passengers landed in the city, rendered to the Mayor on oath, with a correct description of their names, ages, occupations, places of birth and of last legal settle- | ent, was a police regulation within the power of the State to epact, and not inconsistent with the constitu- tion of the United States, 2. The result of the passenger cases, 7 How., 283, | was to hold that a tax demanded of the master or owner _ of the vessel for every such passenger was a reguiation of | commerce by the State, 10 conflict with the constitu- United States, and, theretore, void. 3 These cases criticised and the weight due to them as authority considered. 4. In whatever language a statute may be framed, its purpose and its constitutional validity must be de- | termined by its natural aud reasonable effect. 6 Hence a statute which imposes a burdensome and | almost impossible condition on the shipmaster as a — prerequisite to his lauding his passengers, with an alternative payment of a small sum of money for each | one of them, 18, ina fact, a tax on the shipowner for | the right to land such passengers, and, in effect, on the passenger himself, since tbe shipmaster makes him pay {t in advance as a part of his fare. | 6G, Such a statute of a Siate is a regulation of com. | merce, and when applied to passengers trom foreign | countries is a regulation of commerce with foreign | nations. 7. [tas no answer to the charge that such regulation of commerce by a State 18 forbidden by the constitution to say that it falls within the | beeen power of the States for, to whatever class of legislative powers it may belong, it is prohibited to the States if granted exciusively to Congress by that instrument. & Though it be conceded that there isa class of legislation which may affect commerce, both with for- eign nations aug between the States, in regard to which the laws the States may be valid in the ab- sence of action under authority of Vongress on the same subjects, this can have no reference to matters which are in their pature national or which admit of a unitorm system or plitn of regulation, 9 The statutes of New York and Louisiana here un- der consideration are intended to regulate commercial matters which are not only of national but of interna- tonal concern, and which are also best regulated by one uniform rule, applicable alike to all the seaports of the United States; these statutes are, therefore, voi; because legislation on the subjects which they cover 13 contided exclusively to Congress by the clause of the constitution which gives wo that body the “right to regulate commerce With foreign nations.” 10, fhe constitutional otyection to this tax on the passenger is not removed because the penalty {or failure to pay does not accrue unui! twenty-four hours after he is landed, The penalty is incurred by the act of landing him without payment, and is, in fact, for tue act of brmging him into the Sta 11, This Court does not, in this cas decide whother or not a State may, in the absence of a.l legislation by Congress on the same sudject, pass a statute strictly limited to defending itsel ‘ayainst paupers, convicted criminals and others of that class, but is of opinion that to Congress rightfully and ap- propriately belongs the power of legislating on the whole suuject, Mr. Justice Miller delivered the opinion of the Court. In the case of The City of New York vs, Miin, reported in 11 Peters, 103, the question ov! the constitutionainy of a statute of the State concerning passengers in vessels coming to the portof New York was considered by this Court, 1t was an act passed Feoruary 11, 1824, con- sisting of several sections, The first section—the only oue passed upon by the Court—required the master of every ship or vessel arriving in the port ot New York from any country out of the United States, or trom any other State ot the United States, to make report in writing and on oath, within twenty-four hours after his arrival, to the Mayor of the city, of the name, place of birth, last legai settlement, age and occupation of every person brought as a passenger froin any country out of the United States or irom any of the United States into the port of New York or into any of the United States, and of all ts. ons landed from the ship or put un board, or ed to go on board any other vessel during the voyage with intent of pro- ceeding to the city of New York. A penalty was ribed of for each passenger not so reported, ‘and for every person whose name, place of birth, Inst legal settlement, age and occupation should be falsely reported. ‘he other sections required him to give bond on the | demand of the Mayor to save barmiess the city from all expense of support and n- ger, or to return any passenger deemed fiavle to be- come a charge to his last place of settlement, and re- uired each passenger not a citizen of the United ‘tates to make report of himself to the Mayor, stating his age, occupation, the name of the vessel in which he arrived, the place where he landed and name of the commander of the vessel, We gather from tho report of the case that the defendant, Mitn, was sued for the penalties claimed for refusing to make the report re- quired in the dirst section, A division of opinion was certitied by the judges of the Circuit Court on the ques tion whether the act assumes to regulate commerce be- tween the port of New Yurk and foreign ports aud is unconstitutional and void, This Court, expressly limiting its decision to the first section of the act, hoid that it tel within the police powers of the States and was Bot in cuvilict with the federal constitution. | From this decision Mr. Justicn Story dissented, and in bis opinion stated that Chio! Justica Marshall, 'who | had died between the first and second arg pool concurred with him in the view that the | New York passengers transported from foreign coun- | after be lands trom the vessel. | of the bond, or the alternative payment of money for | each passenger, is void, because forbidden by the con- | | found in the reasons given by the judges who consti- | give that weight to the decision which it lacks by * Justice, stitute of New York was void, because !t was a regula- tion of commerce forbidden to the States, In the the branch of the statute not passed uponin the pt ceding case came under consideration in this court, It Was not the same statute, but was a law relating to the Marine Hospital on Staten Island. !t authorized the Health Commissioner to demand, and if not paid to sue for and recover, trom the master of every vessel arriving in the port of New Yor irom @ foreign port $1 50 for each cabin passenger and $1 for each sieer- age passenger, mate, sailor or mariner, and trom the master of each coasting vessel twenty-ti each person op board. These moneys were to priated to the use of the hospital. ‘The defendant, Smith, who was sued for the sum of $295 for refusing to pay for 295 steerage passengers on board the British saip Henry [Bliss which he was master, demurred to the declaration on the ground that the act was contrary to the constitution of the Unied States and void. From a judgment against him, affirmed in the Court of Errors of the State of New York, he sued out a writ of error, on which the question wag brought to this Court. It was here held, at the January term, 1849, that the statute “repugnant to the constitution and laws of the United States, and, therefore, void"(7 Howara, 572). Immediately after this decision the State of New York modified her statute ou that subject, with a view, no douvt, to avoid the constitutional objection, and amendments and alterations Lave continued to be made upto the present time. As the law now stands, the master or owner of every vessel landing passengers from a loreign port is bound to maki report similar to the one recited in the statute held to be valid in the case of New York vs. Miln, and on this report the Mayor is to indorse a de- nis ior appro- mand upon the master or owner that he give a bond | for every passenger landed in the city in the penal sum of $300, conditioned to indemnity the Commiss.oners of Emigration, and every county, city and town in the State, agaivst any expense for the relief or support of the person named in the bond, for four years there- after. But the owner or consignee may commute for such bond, ana be released trom giving it, by paying, within twenty-four hours after the landing of the pas- | sengers, the sum of $1 50 tor each one of them, It neither the bond begiven nor the sum paid within the twenty-four hors a penalty of $500 is incurred, which is made a lien on the vessel, collectable by attachment at the suit of the Commissiouers of Emigration. Covceding the authority of the passenger cases, which will be more fully considered hereuiter, it is ar- gued that the change in the statute now reiied upon requiring primarily a bond for each passenger landed, ag an indemnity against his becoming a future charge to the State or county, leaving it opuional with the ship- owner to avoid this by paying a fixed sum tor each passenger, takes it out of the principle of the case of Smith vs.’ furner—the passenger case from New York, It is snd that the statute in that case was a direct tax on the passenger, since the act autuorized the shipmas- ter to collect it of lim, and that on that ground alone ‘was it beid void, while in the present case the require- duent of the bond 18 buta suitable regulauon, under ‘the power of the State, to protect its cities aud tow! from tbe expense of supporting persons who are pau- | pers,or diseased or helpless women and children com- | ing from foreign countries, | 4n whatever lauguage a statute may be framed its purpose must be determined by its natural and reasona- bie effect; and if isis apparent that the object of this | statute, as judged by that criterion, is to compel the | owners Of vessels to pay a sum of money tor every | passenger brought by tiem from a foreign shore, and | lunded ut the port of New York, itis as much a tax on | passengers if collecied from them, or a tax on the ves- | sel or owners lor the exercise of the right of landing | their passengers in that city, as was the statute held | Void in the passenger cases, 10 require a Leavy and almost impossible condition to the exercise of tuis right, with the alternative of a payment of a smail sum ot money, is, in elect, to de- Mand payment of thateam, To suppose that a vessel which once a month lands from 300 to 1,000 passengers: or irom 3,000 to 12,000 per annum, will give that many bonds of $800 With good sureties, with a covenant for four Years against accident, disease or poverty of the passeuger wamed im such’ bond, is absurd, when this | can be avoided by the payment of $1 60 collected of the passenger betore be embarks on the vessel, Such bonds would amount, in many instances, for ery voyage, to more than the value of the vessel, ‘The liability On the bond would be, through a ioag lapse of time, contingent on circumstances which the bopds- man could neither foresee nor control. trouble incident to i in each case, is greater than the sum required to be paid as cominutation, 1113 iney- itable, under such a law, that the mouey would be paid for euch passenger, or tho siatute resisted or evaded. it isa law in its purpose and ellect imposing a tax on | the owner of tbe vessel for the privilege of landing in tries. Iv is said that the purpose of the act is to protect the State against the consequences of the flood ot pauper- ism imunigrating from Europe and (irst landing im that | city. ‘ But it ts a strange mode of doing this to tax every passenger alike who comes irom abroad. The man who brings with him important additions to the wealth of the country, who 1s periectly free trom | disease, and the man who brings to aid the industry of | the country a stout heart and a strong arm, is as much the subject of the tax as the diseased pauper who may become the object of the charity of tue city in a week No just rule can make the citizen of France, landing from an English vessel on our shore, liable for the support of an English or Irish pauper who lands at the same time irom the same vessel. So faras the authority of the eases of New York va. Milp and the passenger cases can be received as co1 clusive, they decido that the requirement of a cal logue of passengers, with statements of their last re: dence, and other matters of that character, is a proper exercise of State authority, and that the requirement stitution and laws of the United States. But the pas- senger cases (so called because a similar statute of the State of Magsachusetis was the subject of considera- | tion at the same term with that of New York) were de- cided by a bare majority of the Court. Justices | McLean, Wayne, Catron, McKinley and Grier held | both statutes void, while Chief Justice Taney and | Justices Daniel, Nelson and Woodbury held «them valid. Each member of the Court delivered a separate opinion, giving the reasons for his judgment, except Judge Nelson, none of them professing to be the au- thoritative opinion of the Court. Nor is there to be tuted the majority such harmony of views as would Teason of the divided judgments of the members of the Court. Under these circumstances, with three cases before us arising under statutes of three different States on the same subject, which have been discussed | as though open im this Court to all considerations Dearing upon the question, we approach it with the hope of attaining a unanimity not tound in the opinions of our predecessors. As already inaicated, the provisions of the constitu. tion of the United States on which the principal reli- auce is placea to make void the statute of New York is that which gives to Congress the power *to regulate commerce witb foreign natious."” As was said in United States vs Holliday (3 Wall., 417), “commerce with foreign nations meaus commerce between citizens of the United States and citizens or subjects of eases, reported io T Howard, 283, | The cost of | preparing the bond and approving sureties, with the | of the United States it is void, no difference under what class of powers it may fall ‘or how closely allied to powers conceded to belong to the States. “It has been contended,” says Chief Justice Marshall, | “that if 4 law passed by a State in the exercise of its ac- knowledged sovereignty comes into conflict with a law passed by Congress in pursuance of the constitution they affect the subject and each otber like equal oppos- ing powers. But the framers of our constitution fore. saw this state of things and provided for it by declar- ing the supremacy notonly of itself but of the laws made in pursuance thereot The nullity of any act in- consistent with the constitution is produced by thi declaration that the constitution is supreme.” An where the federal government has acted, he says:—"‘ID every such case the act of Congress or the treaty is supreme, and the laws of ibe State, though enacted in the exercise of powers not controverted, must yield to it”? (9 Wheaton, 210.) It is said, however, that under the decisions ofthis, Court there is a kind of neutrat ground, especially 10 that covered by the regulation of commerce, which may be occupied by the State, and its legislation be valid so long as it interferes with no act of Cong or treaty of the United States. Such a proposition is sup- d by the opinions of several of the judges in the nger cases, by the decisions of Uns Court in Cooly vs. The Board of Wardens (12 How.. 299), and by the | case of Crandall ys, Nevada (6 Wall, 35), and Gilman vs. | Philadelphia (3 Wall, 718). But this doctrine has always been controverted in this Court, and bas seldom, ifever, beon stated without dissent These ) decisions, however, all agree that, under the commerce | clause of the constitution or within its compass, there are powers which, trom their nature, are exclusive in * Congress, and in the case of Cooly vs. The Board of | Wardens it was said that, “whatever subjects of this power are in their pature pational or admitof one uniform system or plan of regulation may j said to be of such a nature as to require exclusive legis lation by Cougress.’’ A regulation which imposes onerous, perhaps impossible, condiiions on those en- gaged in active commerce with foreign nations must of necessity be national in its character. It is more than thi for it may properly be called international, It belongs to that class of laws which concern the exterior relation of this whole na- tion with other nations and governments, If our gov- ernment should make the restrictions of these bur. dens ou commerce the sulyect of a treaty, there could be no doubt that such a treaty would fall within the power conferred on the President and Senate by the | constitution, It is, in fact, in an eminent degrees | subject which concerns our international relations, in regard to which foreign nations ought to be con: od and their rights respected whether the rule be estab- lished by treaty or by legislation It is equally clear that the matter of these statutes may be, aud ought to be, the subject of a uniform sys- tem or plan, ‘The laws which govern the right to land passengers im the United States from other countries ought to be the same in New York, Boston, New Or-> leans and San Francisco, A striking evidence of the truth of this proposition is to be found in the stmi- larity, almost identity, of the statutes of New York, Louisiana and mo a a, BOW before us for considera- | ton in these three cases, itis apparent, therefore, that if there be a class of laws which may be valid when passed by the States; until the same ground 1s occupied by a treaty or au nel of Congress, this statute is uot of that class, The argument has been ssed with some earnest- ness, that inasmuch as this statute does not come into operation until twenty-four hours alter the nger has landed, and has mingled with or bas the right to mingle with the mass of the Lies sei he ts with- drawn from the influence of any laws which Congress might pass on the subject and remitted to the laws of the State as its own citizens are, It might bea sufll- cient answer to say that thie isa mere evasion of the protection which the foreigner hasa right to expect from the federal government when he lands here a stranger, owin, legiauce to another government and looking to it for protection as grows out of his re- Jation to that government. But the branch of the statute which we are consider- ing is directed to and operates directly on the ship- owner, It holds him responsible for what he has done before the twenty-tour hours commences. He is to give the bond or pay the money, because he bas landed the passenger, and he is given twenty-four hours’ time to do this belore the penalty attaches. When he is sued for this penalty it is not because the man has been here tweuty-four hours, but because he brought him here and failed to give the bond or pay $1 50. The effective operation of this law commences at the other end of the voyage. The master requires of the passenger, before he is admitted on board, asa part of the passage money, the sum which he knows he must pay for the privilege of landing him in New York, It is, a8 We have already said in effect, a taxon the pas- senger, which be pays forthe right to make the voy- age, @ Voyage only completed when he lundson tue American shore. The case does require | consider at what period after his arrival the passen, himself passes from the sole protection of the consti- tution, laws and treaties of the United States, and ve- comes subject to such laws as the State may rightfully pass, as was the case in regard to importations of mer- chandise in Brown vs. Maryland, 12 Wheaton, 417, and in The License Cases, 5 How., It is too clear for argument that this demand of the owner of the vessel for a bond or money on account of every passenger landed by him from a fereign shore is, if valu, an obligation which he jncars by bringing the jenger here, and which is porfect the moment he the vessel, We are of opinion that this whole subject has been confided to Congress by the constitution; that Con- gress can more appropriately and with more accept- ance exercise it than any other body known to our law, State or national; that py. providing a system of law tn these matters, applicable to all ports and to all yves- sels, a serious question, which bas long been matter of nd hoe may be effectually and satis- set r, in the absence of such action, the States can, or how farthey can, b; ppropriate legislation, protect themselves against actual paupers, cruninals and diseased persons arriving in their terr- tory trom foreign countries, we do mot decide, The portions of the New York statute which concern per- sons who, on inspection, are found to belong to these classes, are not properly before us, because the relief sought is to the part of the statute applicable te all passengers alike, aud is the only relief which can be given in this bill, ‘The decree of the Circuit Court of New Yi in the case of John and Thomas Henderson vs. The Mayor of New York and the Commissioners of Emigration, is re- versed and ‘the case remanded, with direction to enter a bp for an injunction in accordance with this opinion. ‘The statate of Louisiana, which js involved in the case of The Commissioners of Emigeacion vs, The North German Lloyd, is so very similar to, 1f not an ex- act copy of, that of New York as to need no separate con- sideration, In this case the relief sought was against exacting the bonds or paying the commutation money astoall passengers, which relief the Circuit Court granted by an appropriate injunction, and the decree in that case 1s accordingly aflirmed. [True copy.} 2 Attest :— D, W. MIDDLETON, {L. 8.J Clerk Supreme Court United States, THE LOST GREAT WESTERN. HOW SHE WENT ASHORE—HER COLLISION WITR THE DAPHNE. Yesterday afternoon a Heraup reporter had an in- foreign governments,” It means trade and it means jutercourse. It means commercial mtercourse between | nations and parts of nations in all jus branches. Itin- | | cludes navigation, as the principal means by which fureign intercourse ig effected. To regulate this trade aud intercourse is to preseribe the rules by which it shail be conducted. “The mind,”’ says the tu Chiet n scarcely conceive a system for regulating commerce between nations which shall exclude all laws concerning navigation, which shall be silent on the ad- mission of the vessels of one nation into the ports of another;” and he might have added, with equal force, which prescribed no terms for Lhe admission of their curgo or their passengers. (Gibbous va Ogden, 9 Wheaton, 190.) Since the delivery of the opinion in that case, which has become the accepted canou of construction of this clause of the constitution as fur as it extends, the transportation of passengers from European ports to those of the United States has attained a magnitude and importance far beyond its proportions at that time to otner branches of commerce, It has become a part of our commerce with foreign nations of vast mterest to this country as well as to the :mmigranis who come among us to find a welcome and « Lome within our vorders, In addition to the wealth which some of them bring, they ring still more ‘gely the lavor which we eed to tll our soil, build our railroads and develop the latent resources of the country in its minerals, its manufactures and its agriculture. Is the Togulation of this great system a regulation of com- merce? Cun it ve doubted that a law which prescribes the terms on which vessels shall engage in it is a law regulating this branch of commerce? The transportation of a passenger from Liverpool to the city of New York is one voyage. It is not completed until the passenger is disembarked at the pier in the latier city, A law or a rule emanating trom any lawful authority, which prescribes terms or conditions ‘on Which alone the vessel can discharge its passengers, 38 a regulation of commerce, aud in case of vessels and passengers coming {rom forcign ports is a regulation of commerce With foreign nations. The accuracy of these delinitions is scarcely denied by the advocates of the State statutes. But assuming that in the formation of our government certain powers necessary to the administration of their in- lernal affairs are reserved to the States, and that amoug these powers are those for the preservation of good order vy punisbment of crime, of the heaith and comfort of the citizens and their protection against pauperistm, and against contagious and {nfectious dis- eases Aud other matters of leg slation of like character, they inaist that toe power here exercised falls within this class and belongs rightiully to the States, ‘This power, frequently referred to in the decisions of this Court, has been in general terms somewhat loosely | called the'police power, It 1s not necessary for the course of this discussion to attempt to deine it more accurately than it has been defined already, It is not necessary, because whatever nay be the nature and extent of that power, where not otherwige restricted, no delinition of it and no urgency foreits use can authorize a State to exercise it in regard to a subject maiter which has been confided exclusively to the dis- | cretion of Congress by the constitution, Nothing {s gained Ju the argument by calling it the Police power. Very many statutes, when the authority » ™ on which their enactinents rest is examined, may be reterred tw different sources of power and supported equally well uuder any of them. A statute may at the samo time ve ap exercise of the taxing power and of the power of eminent domain A statute punishing ecounterieitng may be for tho protection of the private citizen against fraud and a measure for (he protection of the currency and the safety of the governinent which issues i. Tt must occur very often that the shading Which marks the line between one vias of legislation and another {s very nice and not easily distinguishabie. But, however difficult this may v4, it is clear from the nature of our complex form of erumeot that whenever the statute of a State in' the domain of which belongs exclusively 0 the Cousresa terview with the second and third mates of the wrecked ste.mboat Groat Western, now breaking up on the Long Island shore. The following is the state- ment of the second mate:—For four days previous te the wreck we had not been ablo to take observations on account of the bad weather, Soundings were takem constantly. The last sounding we took was at twenty minutes past six P. M., when the lead showed sixteen fathoms. Halfan hoyr later we were about rounding the ship to takeanother sounding, when she struck. While rounding her the captain and I neard the break- ers abead, and the order to reverse the engines was instantly given. 1t was too late, however, -About ten o'clock we lowered our lifeboat and got off a portion of the crew, and the balance were taken off Saturday morning. The third mate tells the same story, THE CARGO, Messrs, Phelps Brotners & Co., the charterors of the t Western, informed a Hexato reporter that the lowing is the total cargo of the lost vessel :—10,820 oxes oranges, 1,823 boxes lemons, 1,200 sumac, 150 bales rags, 400 tons brimstoue, all of which 1s for that firm save 1,450 boxes tor Sgobel & Day, and 200 boxes of the same for Lawrence & Giles, Captain Wyndham has entered his protest at Say- ville, 1 ‘The Coast Wreckin pany’s steamer is still at anchor near the wi id bad about forty men at work on the Great Western yesterday saving cargo. ‘THE COLLISION WITH THE DAPANR. _ Last evening a Heratp reporter talked with Captain Neilsen, of the Norwegian bark Daphne, which collided with the Great Western provioug to her bemg stranded, The Daphne is now lying at the Weehawken Oil Docks, discharging ber cargo of 3,434 barreis of petroleum. An underwriters’ survey has been held on her, and the dam to the vessel and $20,000, For this sum, as stated esterday’s Hxkatp, the Cornwall, a’ sister steamer Great the Wostera, now ta has been libeiled, Bonds will be given for $40,000 in Brooklyu to. before United States Judge Benedict, after which the Cornwall will be allowed to proceed on her voyage. The following is the Captain's statement: — “I was laying by the wind heading north at half. past twelve on morning last, when the Great Western ran into us, We had seen her some time pre- viously; she was steering right across us. When we saw that a collision was inevitable we halloed to the steamer. Thereupon she commenced to back, but If ple ge ang apa isan ne eed ew abaft the main second ‘ostad, and two of tallors sprau on board, believin, ng down, & tg , Nae Mapes on rushing o1 om the ela, and when he we had our lights up warty ‘asad ‘UR PRUL me IN A Pit. Wo our pumps and found we had ninctees inches of water, and we all took to the pumps to our vessel. About half an hour afterward I saw 4 tna boat, which came alongside. In it wag the first officer of the Great Western and my tate and two men. ‘The frst officer asked me 11 | wished the steamer to re- by us till daylight. I replied thatwe were leak« ing and would be glad if he would do so, He went back, and soon the steamer sailed away, Our vessel cracked and worked terribly during the storm, and if we bad not worked bard at the pumps none of us would be here to tell the tale. They were evidi tly out of their reckoning on the steamer, tor the mate told m¢ that they Were steering northwest by west,” A RUMOR CORRECTED. The ship Carafine, which was incorrectly reported te have gone ashore off Fire Island Bar yesterday, while | on her voyage from Liverpool to this subse - | = shipped her aachor and was towed up 40 thie that we wore goii