Newspaper of The New York Herald, September 25, 1846, Page 1

Newspaper of The New York Herald dated September 25, 1846 Page 1
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THJ Vol. Ill, No. *37?Wbola No. tlUO, KMUKUaDS. ?C, LONG ISLAND KAIL ROAD. FALL J1ML1NGEMENT. i jn m.i<t n.r viiiMi i K*nf 91 IH-I8. 1 i hum will ruu ma follows: Lkavk Brooklyn?at 7 o'clock A. m. (Boston trrin) for Greenport daily, (eseept Suudays) stopping st Karmingdale mid St. George's Manor. " " at9J< A M-. iliily,for Karimiigdale and intermediate places. " " at 9X A.M., Tuesdays. Thursdayi an. I Saturdays, for Urc*UI<ort and intermediate places,nt 4 P. M., for Kariniugd ile. daily. Lfavi: Grkenpurt?at9l?A. M , Monday, Wednesday and Fridays. for Brooklyn " " at S>? P. M., (or on the arrival of the boat from Norwich.) Boston train daily, (except Sunday!,) atopp Ilk' et St. George'* Manor aud rirmn(d>lc. Lejve Kaiisiijibdai.k mliji A.M. diily, (eicent Sundays,) ! accommodation train, and 1>? P. M. Ltm Jamaica?at 8 o'clock A. M , and 2>? P. M., for ; Brooklyn. A freight tram w ill leave Brooklyn for Greenport, with a passenger*' car attached, on Moudny, Wednesday and Fiiilays, at S A. M. Retaining, leave (ireenport at I o'clock P. M., on Tuesday, Thursday aud Satutd <ys, stopping at intermediate places. SUNDAY TRAIN. Leave Brooklyn at 9 o'clock A. M.. for Greenport. ItemruiuK, leave Greenport at2)? P. M., for Brooklyn, stopping nt all t"e stitiom. sI7r CE <TltAU AND MACON AND* KAIL llOADd, GEORGIA. -AS wiy ms* istrirtp ii^^^^^KpVid Atlantic Railroad X ol the S:ate ol Georgia, form a couiinnous line from Savannah to Oothcal'ga, Georgia o! 371 miles, vii Savannah to Macon... .Central Railroad 190 miles Macou to Atlanta Macon U Western Kailroad 101 " Atlanta to Oothdloja, Western St Atlantic " SO " Goods wih lie carried from Savaunab to Atlar.ta and Ooth caloga, at the lollowiug rates, viz : Ok WeiuHt Goods. To Jit- To OothSugar, Coffee Lnuior, Bagging Rope, lanta. catoga Butter. Cheese, Tobacco. Lea'her, Hides, Cotton Varus, Copper, Tin, Bar and Sheet Iron, hollow Ware and Cuttings |0!0 $0 75 Klour, Kice, Bacon in casks or boxes. Porn, Beef. Fish, Lard. Tallow, Bees wax. 31 ill Gearing, Pig Iron and Grind kitoues SO SO $0 63X O* MEASUREMENT GOOPS. Boxes of H its, Bounets and Furniture, per cubic loot $0 20 $0 26 Boies and lialei of Dry Goods, Saddlery GJ isa, Paints, Drugs and Coufectionery, per cobic foot $0 20p. 108 lbs. S5 Crockery, per cubic foot $0 1} " " 15 Molasses and Oil, per hhd. (smaller casks in proportion,) $9 00 $12 00 Ploughs, (large) Cultivators, Corn Shelters, and Straw Cutters, each $1 25 $1 50 v Ploughs, (small) and Wheelbarrows... .$1 80 $105 Rait, per Liverpool Sack,,., ..$0 70 $0 95 Passage. Savannah to Atlanta $10 00 Children under 12 years of age, half price. Savannah to Macon, $7 00 [L/~ Goods consigned to the Subscriber will be forwarded free of I 'ointniss'ons. 0s" Freight may be pnid at Savaui:ah, Atlanta or Oothcalogs F. WINTER, Forwarding Agent, C. R R. Savannah, August 15. IS lb. a!5 2m*rrc 11EGU1AK MAIL LINK FOR BOSTON VIA NORWICH & WOKI 0gt CESTKR. without change ]*Cars or Bu^ige, or wilhoui_fluMK XmJL. -^.crossing any >e/rv. J5BHCL. 1'a^.engew liking their sr?ts at Norwich, are insuied their seats through'o Boston This being the only inlai.d route that coininuuicates through by steamboat and railroad. Fassengeis by this line are accompanied through by the conductor of the train, who will have particular charge of their baggage, and who will otherwise give his attention to their esse and comfort. This line leaves south side Pier No I, North Itiver, foot of Battery Place, daily, (Sundays excepted) at 5 o'clock, P. M., and arrives in Bostou in time to take all the eastern trains. The new steamer ATLANTIC, Cartain Dustan. leaves every Tuesday, Thursday, and Saturd ys, at 5 o'clock, P. M. The steamer WORCESTER. Captain Van Pelt, leaves every Monday, Wednesday, aud Friday, at 5 o'clock, P. M. For further information, inquire of J. H. VANDEiiBILT, No. I Battery Place, North River. sltf rc TO WESTER N ~ rtlAVELLERS THE Public is respactiiuj - "T^rced that the recent break in the Canal, caused V ' e >te freshet, having been re p-iirrd, the PIONEER 8t EXPRESS* LINE, via Railroad and Ccwal from Philadelphia to Pittsburgh. oommenced iu regular trips for the irunn on Monday, the fith of April, leaving ilie Depot, No. 274 M?uket stieet, DAILY, at 7X o'clock, A.M. Cy this route passengeri will avuid alt the fviffue and dun ger ol night travelling in conches, both Railroads being past din jwyllght. For farther, inlurmaoon, apply <*t the old-established OlTic* 174 Market meet, 5 doors above ?i*hth street. aplO 6m?rre A. B. CUMMING8, Agent BRITISH AND NOHTH AMKK'/?fcW?CAN ROYAL MAIL STEAM BHIPS, * S/M?rnLid*?* I200 tons and 440 horse power each, uuder contract with the Lord* or the Admiralty. HIBEHNIA Capt.A. Ryrie. CALEDONIA Capt. E. G. Lott. BRITANNIA Capt. J. Hewitt. CAMBRIA Capt.C. H K. Judkins ACADIA Capt. Wm Harrison. Will sail from Liverpool and Boston, via Halifax, as follows J? from boston. from liverpool. Britannia Sept. 16,1146. '"amhrn Sept. 4, 1846. Cambria Oct I, Hiberuia " If, Hibernia " IB, Caledonia Oct. 4, Caledonia Nov. I, Briuuinia " ly. Passage JIotki. From Boston to Liverpool JUG Kroin Bostou to Halifax 20. No berths secnred niitil paid for. These ships carry elprrieoced surgeons. No freight, except specie, received on days of sailing. for freight, passage, or any other information, apply to D. BRIGHAM, Jr. Agent, At HaRNDKN & CO.' Wall st. [T?" In addition to the above liue between Liverpool anil Halifax, an*'Boston, a coutract has been eutered into with Her Majesty's government, to establish a line between Liverpool and New York direct. The steamships for this service are now being huilt, and early next year due notice will be given of the time when they will start. Under the new contract the steamers will sail every Saturday during eight mouths, and every fortnight during the other months in the ye?r. Going alternately between Liverpool, and Halifax anil Boston, and between Liverpool and New York. sl3 ^ ' Nvl'lCh?TAl'SLUTT'S lif.N KKal EMIGRATION OFFICE, Removed from 10 " Sooth street.?Persons sending for their friends in any part of the old country ^^^^^ "can make the necessary arrangements with the subscribers, on reasonable terms, to have them brought THE NEW LINE OK LIVERPOOL PACKETS. The Ships of this liue are unsurpassed by any other, and their immune size (all being WOO too*, and upwards) renders them more comfortable and convenient than sliipsof a (mailer class ; aud (he greatest reliance may be placed in their punctuality in tailing The mbscribera are alto agents for the fit. tleorge ana 1'uion Lines of Liverpool Packets, in any of which pnas.'^t- be engaged on reasonable terms. l>r?fn for any amouut, payable without discount in all the principal towns of England, Ireland, Scotland or Walsti can tlio be obtained. >\?r Inrtner particulars, apply to W x J. T. TAl'SCOTT, tp27re Sonfh St.. 2d door helow Burling Slip. N. F. - .. DRAFTS ON UKEAT UHITA1N S3I AND IRELAND? 1'ersi.ns wishing to re >^#?^j!9L?^amit money to their friends in airy part ol ~<HU?ji?ffi?2^Ureat Britain or Ireland,can procure drafts of the subscribers for any amount,' Irom jtl and upward*, payable on demand, without discount, in all (l<e principal towns throughont the United Kingdom. The mail steamer will leave Boston on the 16th instant, and the steamship " Great Western" will sail from New li ork ou the 20th, by either of which drafts can be forwarded. W. k J. T TAP8COTT, M South street, a?13 ne I doors below Burling slip KOIt l.l VK K KOOi ? The New Line?Megilar sjH?Vr.irkfi of flat Oct.?The superior, last tailing MMpEvl'acket ?hip ROCHESTER. 800 tons Durthrn, Capt. Button, will sail aa above, h?r regular day Kor Ireight or passage,hiving elegant and superior a"coni aoilatioiis, apply to the Captain on board, at west side of Burling slip, or to WOOD HULL k M1N TURN, 87 South street. Price oi puuir, $M0 Tlw packet anip HOTTINOUKB, 1000 font. Ciptiia Ira Biirsley, will succeed the Kocheater, and tail on her rLgnlar dav. ?lst November ?21 KOH LIVKKl'UUL?To Mil ihf l.t of October kf?fy -The splendid new packet ship 8T. PATHICK, JpHb Proal, master, lOflo tout burthen, haviug considerable proportion other cargo eugageil, will sail aa above. Knr Irtinht or psssag'- hiving aplrni'id .accommodations, poly on hoard at pier 1 North Klver, or tn s'3t??l >r DAVID OUDK.N, f,? Will ?t. MC- KOK LIVKKI'O'iL?To sail on the Sent icVVVTlie splendid l ift sailing Packet Hhip ADIHONjadUkb-DAl K. < a; t Shipley. 1000 tons burthen, will dosilirely tail aa abore. Having splendid accommodations for a limited dumber of passengers, persona intending to embark should make immed'.ate applies ion on board, loot of Kooaevelt Street, orto ObOKOK SHKIILOCK, t&8 Maiden Lane, near South ?t. Parties wishiLg can have their lunula brought out by this ahip. >23 3t*r J|? FOR NKW OKLKAN*?To sail on the 28th of WKlfV September, the splendid fast sailing new packet JMMEb ship ADKLINK, Captain Pike Her accnmmoditions lor a limited n timber of aecoml cabin ami Meerage passengers, are unsurpassed. Apply on hoard footol Pine atreet, 0,t? ....... . OEOKOK MHKKLOCK. 1j3 Maiden I.ane, 4 doora from from South street, "assege can also be had to and Irom Liveruool. and all harts , of Oreat Britain and Ireland, by applying ?? above. *23 :lt^r KOH UVMPOOt?Regular Packet ol the 2#tli MfjfSV ' P.*. claaa l?at aailmg parhr- ahip (BHHb.SO.UT -K .H, ^*P'- Palmer, will ami aa abort', her r?-gnlar day. Having very aoperior accommodation! for cabin, teeond cabin anil alee rage paaaengera, peraona intending to embark alionld make immediate application ou board foot of Dover atrert, or to JOShPH McMUKli AY, 21 rc eorner of Pine and Hooth atreeta. PABSAOK KltOM BEL.FAS? blkECT?To KJJVmiI punctually the lith November?The ai lendid MUdLnew packet .hip lil.KNMOKK, Captain Michael, will ? itl ? nbove, herrrgularday. The mihacriber haa completed hi* arrangement to have a regular line of firat cluaa ship*, an ling the 16th of each month from the above port, thereby preientiug the moat rjiportunity to tnoae who may feel drairona of having th?-ir fririuli brought o?t from the north of Ireland. Kor further rar'.icu'ara, pleaae "l?ply (if by letter, poit paid) to JOS MeM'-KM\\ , cor^Pint mid Souih atrreta. or to Mea?r?. Ill?;jIAlil>80N. BROTH ERA h CO., a] me No. 4 York atreet 0 H'aat. " KOW NKW OHLKAN8.?The aiiperioraad faat |V tailing packet ahip AN ^K, Capt. Hill, will meet JUlMMWith deapitch fo the above port. Thia ahip'a acenmmod <tioua fi r cabin and steerage paaaengera are uniarpaaaed by any ahip now op for the above port. For freight or p.iaaage, which will be at the lowest ratea, apply to JOHN HRRDMAN ?t CO,?l South at. N. B.?The anbaeribera will have a regular aucceaainn of , picket thipa, tailing weekly for the above port. ill E NE NEV tVKAnwMVh, as I'KOI'LK'S LINK OK STEAMERS KOIt ALBANY. Direct?Duly, Snn<l*y? eicppttd??t 6 o'clock, P. M. W'""i Steamboat pirr heivr'-n Conrtlandt and Liberty ?/*. jm Steamboat KNHJKtKBOCKtK. Cui'l. A , jMBegMBT Houghton, will leave ou Monday, Wcduea- , day Mid Friday evrumio, at 6 o'clock. Steamooat HfCNUKIK HUDSON, Cart. K. O. I'ruttmden, ! will leaieou Tuesday, Thursday aud Saturday eveiiiuy*, at6 oclock . The above lionta will at all am** in Alhmi'in mnolp 1 time for the morning can for the Kaat anil Wen. rreiaht taken at moderate rates. au<i uoue taken after 5 ' o'clock, IV M. All persona are forbid trusting any of the boata of thia line, without a written order from the captain* or agents. ror puMfe or freight, apply on board theboatt. or to 1". C- I orhuitz,at the office ou the wharf. UNJTKD hTATKS MAIL LINK. At 4o'clock, P. M., Lauding at Intermediate Pl??e? From the foot of Barclay street. Steamboat NOKTH AMERICA, Capt. R. H. Kury, will l leave on Mcuday, Wednesday, Friday, and Sunday alter- j noons, at S o'clock. Steamboat HANTA CLAL'S, Captain B. Overbaugh, will i leave on Tuesday, Thursday aud Saturday afternoons, at i o'clock. _Apply on hoard, or at the office on the wharf. s21rc ~ TO TRAVEL.LbK.iS GOINU SOUTH. NKW AND MURT AGRKEABLB LINK TO Freiericktburgh, Richmond, Petertburgh, Va ; Lynchburgh, Raleigh, H'elden, N C; and Charlmton, S C. THK PUBLIC are informed that the ne w cL ^"*-1' splendid low pressure steamer MOUNT SL^3k?JK-Y K.H.N ON, counerting with Ihe Great Mail Liue at Aci)uie Creek, leaves Coinwe'ce street wharf, Ualtiinore, every 'i'uesdiy aud Kriday evening, at 6 I'. M., for the above points. Through Tickets to Richmond $1 00 " " to Petersburg. 4 00 " " to Wclden, N. C 7 00 " " toCharle ton, S C 19 00 Being at the same price, more direct aud expedition*, and much inore certain than I he Chesipeake Bayand James River Steamboat Line, all the wide and rouph portion of the Bay, between the mouth of (lie Potomac and Old Point Comfort, beii)j entirely avoided by this Line. Travellers are advised that the Liue hereby advertised is part and p reel of the Great Mail Line tli:ough Virginia, and that it is the intention of the Companies composing the Great Mail Line tliat passenger* shall be conveyed by them in connection with the Mouut Vernon, always is cheaply as by any any other line, and with more comfort, expedition and certainty, than by any other Line except the Line ria Washington. For further particulars enquire at the Southern Railroad office, Pr?tt st., Baltimore, of 8TOCKTON St FALLS, cr at the Commerce st. wharf, or on Tuesdays and Fridays on board the Mouut Veruon, of C. W. GUNNEL, Captain. N. B?Travellers by the above Line will bear iu mind that they have two hours more in Baltiinote than passengers by the Chesapeake Bay and James River Iio.iU, and yet reach any point South ol Petersburg at the same time with these last, even when there is no breach of connection by the Bay Line. sIB lin'rc NOTICE. TROY EVENING LINE. HOUR CHANGED. j(| ON and after TUESDAY, September IS, gy ... the low pressure steamboat EMPIRE, Capt. JkoJHULH B. Macy, will leave the steamboat pier at the foot of Courtlandt street, at 6 o'clock, P. M., instead of TP W ?. V..r?fnr?r? .11 . FOK STATEN INLAND ON ami after TUESDAY, the 15th day of September inst, the boat will ran as fallow*: Mr i Leave Stateu Island at 6, 8, 10, 11 A. M. and 2, 4. a' <1 ti P.M. 1,>nve New V ork .it7, 9,11 A. M. and 1,3,}, and 7 P. M. All fVeight at the risk ofthe owners thereof. ?U r jHH INDEPENDENTMORNING LINK AT UJmS1? O'CLOCK.-FOR ALBANY from the MMiji^Kaitrainbiiat |iier at the |iier foot *f Warren street. Pasaage SI 50. Touching at the foot of Hammond >t. Breakfast and dinner provided ou board. The swift and uiuguilicent iteamer IKON WITCH, commanded by (.'apt. Stephen R. Hoe, leaves New York, Tuesday, Thursday and Saturday. Leaves Albany, Monday, Wednesday and Friday. Landing at Van Courtlaudts, Westpoint, New burgh, Milton, Po'keepaie, Hyde I'ark, Kingston, Catskill, Hudson. ?u2irc OPPOSITION MORNING LINE AT 6* O'CLOCK FOR ALBANY Landing at Hammond street, Van Cortlandt's (Peekskill) Cold Spring, Newburgh, New Hamburgh. Milton, Poug'i keepsio, Hide Park, Kingston, Upper Kea Hook. Bristol, Cnukill, Hudson, and Cocaackie. Passage, One Dollar. THE new and fast-sailing low-pressure ^L-?Jt???r3?ste?mhoat M ETA MORA. Cant. P. H Smith, leave ihe pier font of Warreu street on Monday, Wednesday and Friday, at S){ o'clock, A. M. Re turning, leave Albany on Tuesday, Thursday and Saturday Pasaeugrrs l iking this boat will arrive iu Albany iu time for the cars going North and West. Break last and Diuneron board. Fare to Van Cortlandt's Dock, 25 cents; Poughkeepsia, SO; Hudson, 7J; Albany. SI. >1 Im r REMITTANCES TO "ENGLAND, IRELAND, ANI) SCOTLAND. t-Wg- PARTI ICS wishing to remit moneys in large or !v jfV,mal' sums to their friends in Drrat Britain or IreJfSMHMhailaiid, can ,1- so iu the most safe and etpeditioui maimer through the fubscnbe^s, by drafts at siglit. payable in all the principal towus iu E' gl.ind, Ireland and Scotland. Money may he ?ent by letter (post paid) any part of the Unitrd States to (hem, giving the address and the name of the party to receive it, which will be regularly forwarded by packet or steamer. Apply to ABRAHAM IU'1.1. fe SON *u2filiri*r 117 Kultnii street. OLD ESTABLISHED UNITED STATES k J?$WG1<KAT BRITAIN k IRELAND EMIGRANT AHMmOFFICE.-?The Subscribers continue to bring out passengers by tlie regular Packet 8hip>, tailing every five any* ; and also for first-class American traoaient ships, sailing weekly, at very moderate ratea. Drafts can alio be furnished for any amount, payable throughout the United Kingdom, on application aa above, au4 I'lHN HKKDMAN k ( n . ?i *?mh street MOKNUSGBOAT KOIt ALBANY ANUTKOY ..XIT> *Ok PASSAGE ONE DOLLAR-Breakf.ut ?CMp-jJ??n.i dinner on board the boat. Passengers JkaBJKJC.t:'.king tliia boat will arrive in time to take (he eveuing train of car? from Troy west to Buffalo, and north t* Saratoga and Lake George. The Steamboat NIAGARA, Capt. Wm. Elliworth, Monday, Wednesday and Friday, at 7 o'clock, A. M , from the steamboat pier foot of Barclay street. Returning on opposite day*. For passage or freight, apply on board, or to F. B H?ll, at he omre on the wharf. aii)9 rc TROY MORNING AND EVENING LINE. MORNING LINE AT SEVEN O'CLOCK i?>a ja FOR ALBANY AND TROY-From the finMKSp^SPSt'iwboat Pier at the foot of Barclay street 3EmoRGIL lauding at PeekskiSl, West Point, Newburgh, Hampton, Milton, roughkeei tie, Hyde Park, Rhineoeck.U. Red Hook, Bristol, Catskill, Hodson, Coisackie, Kinderhook and Baltimore. and dinner on board the boat. The steamboat NIAGARA, will leave o? Moudif, Wed esday and Friday Mornings 7 A. M. Th? rnrnhnil T U<? V Cii.lna llnrh.n, ? T.torsday and Saturday mornings, at 7 o'clock. Returning on opposite tiara. Forjia??agc or freight apply on board, or tt the oiEca oa the NEW YORK. ALBANY AND TKOY LINE FOR ALBANY AND TROY DIRECT, From the pier at the foot of Conrtlandt itreet. The low-pressure steamboat EMPIRE, Captain R.B. Macy. area the loot of Cornrl.uidt *treet.on Tuesday, Thursday and Saturday seven o'clock The Steamboat COLUMBIA, Cspt. Wrn H. feck, will leave oa Monday, Wedneadar and F'idiy evening*. M 1 o'clock. I'i>accgeri taking tbr?e Boat* will arrive in time to t^kt the Mc.ruing Train of Cart Iroin Troj west to Buffalo, and aorth to Saratoga, Whitehall and Lake Clir.mplain. For Paasoge or Freight, apply on board, or at the Office o? the wharf. No freight taken afler iVt o'clock. NOTICE?All good*, freight, bank bill*, specie, or any 3ther kind of property, positively at the owner'* risk. j26r DAILY LINE OF BOATS BETWEEN aZ^iSr NEW YOKK AND KTATEN ISLAND SEmMQBL The steamboats SVLPH, Captain J. Brai*ted, and HTATE.N ISLANDER, Captain D. Van Pelt, will laaye as follow* Leave States I*land at I, I, I, 10 and 11 A. M; at 1,1,1, 4,4, 4 and 7, P. M. Leave New York it 7,?, 10,a?d 11, A. M. stud 1, t, 1,4,1, 4,7 and I ast 7 P. M. All freight at the ri?k of of the ownert thereof. A stage will leave Vauderbilt'* Inmling for the Telegraphic Station every honrthronghoattli* day. Kare I2X cent*. ak~ ~mt ~ar P. RNErfT^U.'S NEW YORK JINU UVERPOOL EMIGRATION OFFICE. PW. BYRNES St CO , of Liverpool, nrc desiron* of in forming the pulil ic of the United Stales, that they continue *o despatch 4 line of first class Ships and Packets to New Yoik. on the lit, 6th, U'n, 16th, 21st and 26th of each month: ami on ihr 1?ih a it Kith-for Ih lidelihia. and on the I It'.li and ?(>ili to Boston. mill at stated peiiods lo Baltimore; nlniKi New Orlr^ni during the healthy iruoni by any r>f vi hich lines parties can rngsgr for their If leads to tie brought out without disappointment or drlay, this bring the oldest a?d Isrgr >t establishment in Ihc passenger trade in Liverpool, and having found the importance ol * direct Agency in the I Tnitrd Stairs, fot thr pur|m?e of placing within thr power of the fne- ds of thr raarengers coming nut, the immediate corir i|>ondeiice with n ielectable establishment, from whi'tn they can rely for sttrntioh and favor towarda their relations lei? ing i he old country. > P. W. BY'KNKS Ik CO. offer many advantage! to pasienger? which n? others have attempted, in a direct communication by the>r ships from Ireland to ;hr United Ma'rs, as they have, invariahlv, ve?*ls during the spring from Dublin. Cork, Waterford, Brllast aud Londonderry, by which means emigrants are saved much trouble andeipense. hy being shipped at their own seaport and also that of being Undi d in any of i lie ports of the United States to which shiix tra'r Irum Liverpool, nearly at the same cost as direct to New York. P. W. BVHNKHfc CO. have agents in all th seaport towns in Ireland, from whence steamers leave for Liverpool, and in many of the interior towns, who are most attentive to emigrant* on embaikstion, and by whom any money can be paid that may berei|uiied to procute sea stores, he. The persons whu act for this Company in the United States "nKW YORK ?Mr. Kdward Haul, it South, corner of ^o'?TUN-Mr. W. P. McKay, 52 Milk street. PHILADELPHIA?Messrs. H. Cralw' & Co., Market ''BALTIMORE?Mr. Oeorge NKW 0RLKAN??Mr. John Toole. Unarts tan funns-Draftsf?r any amount, payable I at sight, on thr Ptflvmeial Bank of Ireland and all its branches, ; find nU * on all the puncipul town* of England and ototlwd, I without di*c<<unt. ; For particulars of terms arply o^ UYUNKS Ic CO.. 58 Sonth, corner or Wall St.. New York. P. W. BYRNK8 It CO . I ?22 lm*m 3f, Waterloo Ho d, Liverpool ***- KOiTuVKHPOOl-?>ewLiue?Hegnlar Packet |A3PfVor 21st Sept?The superior last sailing packet shir MUbkUKKN OF THK WEST, Capt. Philip Wood noaae, i25o tona burthen, will anil aa ado?e, her regnlar day. | ?ot freight or pannage, having apltndid, large aud comfort* | able at?t?* room* and eahin, apply to tha Captain on board, I at waat pier of Dnrling alip, or to . WOODHULL k MINTURN,? Sonth ?tr?r. rnc? of passage ?I00. The regular packet ship Rochester, MO tons burthen, will | snecrtd the Uur?a of the West, aad sail on ber regular day, Hat of October. sj w/yo I V YORK, FRIDAY MORIS Haprtmr Court. Before Judge F.dmonji, Circuit Judge of the first circuit. Sept 16 lH4rtt In the matter of Biita PMI/ipt.ZcnnvirttJ at a vagiant.?On the 31st of August, 1H16, Kliza Philips preseutcd to the Circuit Judge ? petition for a writ of certiorari to certify the catse of her detention in the penitentiary uu Blackwell's Island On the 3d of Soptevber the keeper made a return to tho certiorari that was detained in his custody by virtue of a commitment by one of the police magistrates, .1? l\.ll ; ? f- . ill Ills luuvmuj o?lu?i? City an:l County of Ntw V?rk, 11 ?By Barnabas W. Osborne, Kiq . one of the special justices lor preserving the |>nuoe in the city ?f New York : Tothe coustalile* and policemen of the said city, and every of them, and to the keeper of the penitentiary of the city of New Vock : These are in the nam* of the people of the State ef New York, to command vou, Um said constable* and policemen, to convey to the said penitentiary the body of Kli/.u 1'hilips, who standi charged before me with being a vagrant, to wit, an idle paraon, having no home or mean* of living, being a commas proatitute, having no lawful employment whereby to maintain herself, and whereof wn convicted on competent teatimony. AnJjou, the said keeper, are hereby commanded to receive into your custody, in the said peuitentUry, the body of the said Eliza Pnilips. and her i?f*ly keep lor the (pace of sixty day <, or until she shall b? thence delivered by due course ol law. Given under my hand ami seal, this, 4th day of August, in the j ear of our Lord, ltMki. Signed, 4 B. W. OSBORN. [L. S ] Messrs. Nash, Morrill and ' Donohue controverted the return, and set lorth the rccotd of conviction in the following words :? City and County of Ntw fork.n.? Be it ^remembered that on this, 4th day of August, 1446, Alexander McDeugal, of the said city and Opunty, did bring boforo me, Barnabas W. Osborne, one ofme special justices for preserving the peace in the city Mil county of New Yerk, oiie Khxa Philips, and did contain unto me and give me to be inlorraed, that on this present day, at the laid city and county, the said Philips was a common prostitute, who had no lawful employment whereby to maintain herself, and was a vagrant within the intent and meaning of the statute. UTiicu complaint and information being heard by me at the city and county aforesaid, I, the said justice, on the day aim year aforsaid, at the city and county aforesaid, U|>on the oath of said Alexander McDotigal, as well as upon tlsa examination of the said Eliza Philips, taken before the undersigned, having jurisdiction in the matter, being sntisfled that the said charge and accusation were in all iecpeets just and true, and that tlio said Eliza Philip was is vagrant within the description of the statute in such cue made and provided, did therefore convict the said Kliza Philips of being such vagrant, and it appearing to me that the said Eli/a Philips was an improper person to be sent to the alms house, I, the undersigned, thereupon sentenced him to the penitentiary for the term of two months. B. W. OSBORNE. Mr. J. D. Phillips, Assistant District Attorney, demurred thereto, and Air. Nash joined in demurrer. Mr. Nash claimed that the record waa void, for the following reasons 1st. The act of the Legislature requires the justice who sentences the vagrant to make up and sign a record of conviction thereof which shall be filed in the office of the Clerk of the Court of Sessions. it was passed January 23d, 1S33?Sec. 1)1. 2d. Tho rocord of conviction in thia cause is insufficient, because it does not set out the evidence upon which the vagrant was convicted. So that a court of review can determine whether the evidence is admissible or not. 7 Terra Hep. 163. 3d. The record ot conviction does not show that the evidence upon which the conviction was founded, was given in the presence of the prisoner, (i Term Rep. 76. 4;h. The rei'vrd of conviction does not negative the defence which the act gives the defendant, if true, 8 Term Rep. 644. 5th |The record of conviction does not contain sufficient certainty on the faro of it. Aud for the want ef this certainty it is void. IS East 13 litis. The record of conviction does not show that the Earty was convicted by the confession of the offender, or y competent testimony, and tho evidence not appearing to be proved, the conviction ought to bo quashed. 3 Lord Raymond's Ren. 1387. 7th. The record or conviction not having sot out the evidence generally or particularly, nor stated the facts to which the witnesses deposed, it is bad on tho faco of it, aud cannot bo supported by extraneous evidence?the court being summary, and the judgment conclusive, on the defendant, without an opportunity of pleading to the charge in a court of review, the conviction is wholly void, and tho prisoner ought to be discharged. Hth. This accusation is in the nature of a criminal prosecution, and it does not appear on the face of the lecord of conviction that tho accused, while before the magistrate, w as informed of the nature and cau.e of acr nutli.n ui'.ii:J hi-r ?r ?h?t il.o wo* I ? ,,k tii? witnessus fcguinst her, or that she was informed ul her rights upon the examination, or that she w as informed that ?he had a right to otituin witnesses iu lioi favor, or to have the assistance of counsel lor her defence. For the above reasons, the prisoner ought to he discharged. Whereupon, after hearing the arguments of the respective counsel upon the demurrer, the learned judge gave the following OPINION AT LKItUTH. 1 have been so frequently called upon to discharge lrom the penitentiary prisoners committed on summary convictions, on the ground of some alleged defect or irregularity in the proceeding of the sitting magistrate, that I have deemed it advisable on this occasion to give the subject a full esamindtion, in the hope that the matter being thoroughly understood, tlio corrective for the evil may for all be applied. Our Rev. Htat. vol. 1, p. 633, declares that if a magistrate be satisfied by the confession of the offender, or by competent testimony, that the accused is a vagrant within the description of the statute, he shall make ui> and sign a record of conviction thereof, which ihall be uled in the olilce of the clerk of the county, and shall by warrant uuder his hand, commit such vagrant. Sic. Under this law, and one subsequently passed, (laws of 1S33) somewhat enlarging the description of the oflence, and varying the punishmont, the magistrates mainly procccd in the class of cases now under consideiation And the mode of proceeding is not by a formal trial by a jury, but is by a summary conviction, which is described to b<* the examination and pun the Peace out of their sessions, and without the intervention of a jury or an open trial ? 1'aUy on Convictioni I. The power tlius exercised ii not in conformity to, but in in derogation of, the common law; is derived (olely from the statutes, and all the proceedings undar the authority so created, must be strictly conformable to the special law in each imtance, from which all their force is deiived. Cole's cute. Sir W.Jones, 139, 170; 1 Showers, 14. The earliest statute upon which a summary conviction ii on record, if that ol 33 Henry VIII, ch. 0. This was in 1644. From that time to the present, statutes have been enacted, extending the jurisdiction toother cases, and regulating its exercise. So JCreat has been its extension that, in England and Wales, the number of summary convictions in one year (IM'i,) was 71,7Jj. Immediately after the creation ol this new judiciary, its dangers became manifest. Hie earliest case reported (43 Kliz ) is that of a sheriff's olHcer going to execute a writ against a justice of the peace tor a debt, and taking with him a hand gun, liom the apprehension of a rescue. The justice, instead of obey lrg the writ, apprehended, convictod and imprisoned the othcer, until he paid a line of jL'IO, under color of the act of parliament against carrying digs or short guns. The necessity ol putting under some lestraint a power so summaiy, so arbitrary, so materially alfecting personal liberty, and so liable to be perveited to purposes of oppression and wrong, required ftom the Courts great watchfulness and caie. llence frequent decisions were made by the higher Courts in regard to them, and a system of regulations and restrictions grew up, and became incorporated into the common law. Those regulations and restrictions were a part of the common law at tL-e adoption of our Constitution, which made the common law, the law of our land, ainLwhen by our statutes we adopted this peculiar modo of trial, we necessarily subjected it to the piinciples already established in regard to it, and we must therefore in examining the question be lore ine, go dick 10 ine law m u exisicu hi uie adoption of our Constitution, and l>o governed by the rule) then established, unless in the language of our Constitution, they have since beeu repealed or alteied. And it is the moie important that those rules should be well understood and rigidly enforced, because our Constitution in securing to us tiial by jury, lecurcs it only iu those eases, in which it had been herttoloie used.?Article 7, Section 9. ? The British Statutes, alive to the dangers of this extraordinary jurisdiction, have, and principally since our revolution, given an appeal to the accused, by which ho ran review the judgment which may deprive him of his property, his | liberty, and his character. Hut our statute piovides no >.nch lemedy , our Constitution deprive* him of tho protection of n trial by jury, and he has no other protection, left to him against the arbitrary exercise or wanton abuse of this extraordinary power, except what he may find "in such parts ol the common law and of the acta of the legislature of the colony of New Yolk, as together, did fprm the law ol said colony on the ltfth of April, |JM."?Const Art. VI I, Sec. 13. ltia by that common law that I thall examine the case now before me j mindfnl throughout that no member of this State can be depiived of any of the right* or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers ?Connt. Art. VII Sec. I..and that no person can be deprived of life, liberty or property, without due process of law?Ibid. Sec. 7. Among the rules of tho common law, and almost the only one of them that has been incorporated into our statute, was that which required a record to be made of every summary conviction 1-J Dalt c. i t> 4; 1 Stalk *200, X. co. tifl. 34; Oastin vs. Cirtw, A I) & It. &5M, :t II &. C. tilfljR. v?. Katon, !l V. R. 3SS; II. vs Buck, I Str. 147 j I Rev. St. A.l:i ') 3. This is rendered necessary by many considerations. I * or the protection or the accused, that liy having a record particularly describing the ollence he may he saved from being a second time convictcd ou the mime chaigea. 1'aluy un Con. i6; Hex r?. Midlam, 3 llurr, 17JI. a. Kor the protection of the magistrate, where he liai jurisdiction, a proper record, though made out liy himself, is a conclusive defence inany action brought ag.nnst . lutn by reason of hii action in the preraiMi. Nixun v?. Nanney, 1 O. Jk D. 370, 6 J11 rich 3*0; Gray v?. i ookton, ! Ifi K.ast. 13. 3 Cow Tr, 051; Mut'hor vi. Hood, 8 Johns K. ' 14; Buquet v?. Watkins, I Mil. La. Hop. 181, I'aley .131; kullera vs. Kotch, Holt 287; Htiickland v?. Ward, 7 T. K. 631; Massey va. Johnson, li K.aat Ml. And it has been suggested in lomacwi whether the record U not a proi taction, even on the question of juriidiction. i I. In the absence ol ail provision for an appeal, the re| cord becomes the only means the accused has of reviewI iug tho judgment agaiust him, and of ascertaining whe- I mmhmmwmmmmm RK 1 UNG, SEPTEMBER 25, ] ther he haa been imtly condemned. A certiorari, a re medy still left to him, carries up the record alone; and on haboas corpua h* cun avail himself only of objectiena apparent on the record, so flagrant aa to render the commitment absolutely void, not voidable only Without a record, therefore, and that of a proper character, the party would be deprived ol all meana of inquiring whether he had been juatly condemned, and be alao deprived of an effectual remedy against a wanton excess of jurisdiction. Me would, it ia true, in the latter case, have hia remedy hy an action of trea|>asa, but that would not como until he had autiered the wrong, and while hia conviction would be exceedingly preinpt and summary, hia remedy for the wrong done him would bo very alow and ouruensome. I. In all OMM of speciuland limited authority, especi- i ally when it ifi penal in its character, and to be exer- i cised in derogation of the common law, treat strictness and jealousy ought to be exercised not only in coaatruing the law, but in canvassing tho proceeding*. I.ord Ch[, J Holt in H. va Whiitler Holt, -JIS, with great propriety remarks, "Every body knows that this being a penal law, ought by oquity and reason to be construed according to the Utter, and no farther. That it is penal is plain, and that is highly so, tho defendant is put to u summary trial different from magna charhr, for it is a fundamental privilege to be tried by a jury. Then, when a penalty is inflicted, and a different manner ol' trial from Magna chart a instituted, and the party oflending, instead of being tried by his neighbors in a court of justice, shall be convicted by a single justice in a private chamber, upon the testimony of one witness, I fain would know, if on the consideration of such a law, we ought not adhere to the letter" Hawkins, '2 PI. C 33 Sec 18; Lord Kenyon in R. vs Jules it T. R., 541; Lord Mansfield in R vs Little, 1 Burr, 113; A?hurst J in R. vs Ureen, Cald. 391, and Abbot, Ch. J. in R. vs I'ain, in 7 1). Si R., all maintain the doctrine, that greatercortainty is required in convictions than in indictments, because tho defendant has no opportunity of pleading to thrse summary forms, and thoy must bo taken strictly, because thoy must be taken as true against the defendant. 6. It is a well established rule that a record is an absolute pro-requisite to a commitment, and that without it not only is the party entitled to his discharge, but the magistrate is liable to him in trespass. In one case where the magistrate had refused to give a record, the Court denounced the whole proceeding as " one of the many cases where poachers are pursued with uniatermittiug vengeance, llere was not only that, but gross oppression also"?3 Burr 1732. The necessity anil objects of a record being thus established, it only remains to inquire wh^ that record must contain. The best summary of the law on this subject, which 1 have found among the many authorities which 1 have examined, is in 1 Ward's Justice, 706 ; Tit. Conviction, In these words. The power of a Justice of the 1'eace is in restraint ot the common law, and in abundance of in stances is a tacit repeal ot that famous clause in the great charter, that a man shall be tried bv his onuals : which also was tho common law of the land long before tha great charter, even from time Immemorial, beyond the date of histories anil records. Therefor* generally nothing hall be presumed in favor of the ofHce of a Justice of the Peace ; but tha intendment will he against it. Thorafore when a special power is given to a Justice of the Peace by act of parliament, to convict an offender in a summary manner, without a must appear that he hath strictly pursued that power; otherwise the common law will break in upon him and lov.l all his proceedings. Therefore where a trial by jury is dispensed withsl, vet he must proceed nevertheless according to tha course of the common law in trials by juries, and consider himself only as constituted in the place of both judge and jury. Therefore there must bo an information or charge against a person, then ho must be summoned or have notice of such charge, and have an opportunity of making a defence, and the evidence against him must be sucn as the common law approves of, uuless the statute especially directeth ethers wise. Then if the person is found guilty, there must be a conviction, judgment and execution, all according to the course of the common law, directed, and influenced by the special authority given by the statute, and in the conclusion there must binitccord of the whole proceedings .wherein the justice must set forth the particular manner aid circumstances, so as if he shall be called to account for the same by a superior court, it may appear that he hath conformed to the law and not exceeded the ! ounds prescril'iid to his jurisdiction. 1 Bums, 364. A convlition mint contain the following particulars An information or charge against the delendaut; a summons or notice of the information, in order he may appear and make his defence; his appearance or non appearance; his confession or defence; the evidence, if ne does not confess; and the judgment or adjudication. All these matters must be particularly set out in tha conviction. [3 Robinson's Justice, 543, Urockett vs. State; 3 Tyler 167, People vs. Miller; 14 John 11., 4 John K. 293 ] The Information should oarroctly state tho time when takes, the place, the jurisdiction before which takon and the aMrge preferred [1 La Roy .'>09, 3 Black Com. 141, I.aain vs Hooper 6 T. R. 324 ] So that it may appear that it had h??n given within the time limited by the statute; that tlie power was exercised at a place commonsurato with tlie jurisdiction?befo'e a mn^istratc having juris dictiaii at place; I- Balk -V73-.J that the offence was directly charged and not by implication, and containe 1 in express terms, |evorv ingrodiont necessary to constituto the crime described by the statute [ltex vs. Bradley, )? Mod. 165, R. v?. Kroelawney 1 T. R.. 112, 3 Ld Ray 791, 3 T R. 24 ] In describing the offence, a mere compliance with the terms of the statute will not suffice, for If a magistrate merely dates the facts of the offence in the words of the act, when the evidence doe? nnt u'nrrant ttin conclusion, ha lulunrts himiplf to a criminal information, R. vs. Thompson 3, T. R. II, R vg. Pearce 9, Kast 3.58, R. vs. Davis 6 1'. R. 171, Ardy v?. Hoole Cowp. 83?. The particular circumstance* which conduce to the opinion of the magistrate, nuit bo let forth, and not the mere remit or conclusion from them, 2 Rob. Jui. 64S. It mutt uproar that the accused was summoned, or appeared lietore the magistrate, Rex ?. Allason, 2 Str. 678. R. vs. Venabies lb 030; and if b* neglects to appear after proof of being duly summoned, the Justice may procced to judgment; but he must state all these facts in tlieir^ proper order in the conviction?R. vs. Simpson I Str. 44; State vs. Stoke* 1 Coxe 392; Bigelow vs. Stearns 19, J. R-41; Son vs I'oople la, Wend. 348; Chate vs. Hathaway, 14 Mas*. II 2il. The plea of the defendant must be set forth, whether of denial or coafusidoh. If he denies the charge, it must be supported by evidence, and the names of the witnesses must beset out, that the court msy judge whether they are competent?Rex. vs. Tally, 1 Str. 18; Rex. v?. Blaney. Andr. j40. The evidence should be stated to have been given in tho presence of the accused, that it may appear he had an opportunity of cross-examination. Ilex v. Vipont, 2 Burr, 1163; Rex vs. Crowther, l.T. R, 136; Rex vs. Bar well, 8 T. R., 75 ; R vs. Lovett, 7 T. II, 153; R. vs. Swallow, 8T.R, 384; R. vs. Lilay, 3 Cliilt., 533. The whole evidence which applies to the charge, must be particularly net out in the conviction, thatthb Court may judge whether sutlicicnt proof appcais on the face of it to sustain every material allegation, and to justify the adjudication Rex vs. Killer, 4 IJurr, R., 2063 ; Rex vs. Vipont. 3 Burr, R , 1165, 3 Rob. Jus., 560, per Ld.Manifield ; Rex vs. Lloyd, 3 Str., 999, per Lord llarwick ; H_ vs. Thied, 3 Str., 919, per Lord Raymond, vide also, 3 Dong, 4?1; Rex vt. Smith 8 T. It., 588, per Lord Kenyon; Hex vs. Warnford, 5 D and R., 499 ; Rex vs. Done, 3 B. and A., 596 ; Rex vs. Taylor, 3 Chitty, R. 578 ; Commonwealth vs. Hardy, 1 A?bmcad, R, 411. It will not be sufficient to state that " the said offence was duly and fully proved," for that is to stute the result of the evidence and not the evidenro itself. Rex vs. Reed, Doug. 4P0 ; Rex vs. Lovett, 7 T. R., 123 And tho evidence for the defendant as well as that for the prosocution'must be set out ?3 Rob Just. 551. Rex vs. Clarke, s T. R , 2J0. The record must contain an adjudication of the magistrate upon the evidence, as to tho guilt or innocence of the prisoner. Rex vs. Harris, 7 T. R. 338; Mayor vs. Mason, 4 Dall. 206. And the adjudication on every point to which it refers must be precise and exact, a judgment for too littlo being as bad as a judgment lor too much. Rex vs. Clark, Cowp. 610; Morgan v*. Brown, 6 N. and M., 57. 4 Ad. &nd E , 515; Rex vs Patchett, 5 Kast., 339; R. vs. Hazard, 13 Kast.. 139; Cumming1* case, 3 Oreenl R., 01; 1'ower vs. People, 4 John R., 293. That the de sign 01 me conviction is not merely 10 record me lacioi the judgment, but to thow that the proceeding* required bv justice had been regularly observed, and the icntence legally supported by evidence, it everywhere eviaced by the language tind sentiments of the ablest judges from the] time of I.ord Ilolt, who himaelf, on all occasion! regarded the obligation! of recording the whole nroceedingt as a necessary counterpoise againat the liability to error or misapplication, to which a private and discretionary tribunal is necottarily exposed? Introduction to F'aley on Convictions, XXXIII. Kvery thin* requisite to support a conviction, ahould appear on tne conviction itself.?6 T. R. G3h, and it* validity mutt lie determined by what appears on the lace of it, not by reference drh<>ra.? 3, T. 11 338. It will Have been seen in the course of thit examination, that the same principle w In h ] i i v i icd the Kngli?h Courts before the revolution have been regarded inourowncourtssincethat event. And it has frequently occurred to our Courts in view of the manifold dangers arising from the cxerolso of to summary an 1 arbitiary a jurisdiction, that it w;is the more necessary fur them to assert and maintain the principles on which personal liberty is dependent The Supreme Court of Massachusetts in Chase vt. Hathaway, take occasion to tay, it it a fundamental principle of justice, essential to every free government, that every citizen shall be maintained in the enjoyment of his libertv and property, unless he hat forfeited thein by the standing laws of the community, and has had opportunity to answer such chargct, as according to those lawt will jiMtily a foileituin or NMHlM of tham. In the State vt. Savannah, chart. 335, the courts of Georgia hold iliit language In thit country no parton can be injured, in his personal property, without an opportunity of defending himself. He has the right of being confronted with his accutcrt, and of being apprised of tho accusation against him. Audi alteram partrtn, it a max im 01 natural justice uenr 10 me numan ncan, ann aiiv i tint?.I with every principle of our jurisprudence. A conviction founded upon exparlr accusation, in the mest terrilde species of despotism that the htiman mind can ron ceive. It in not only a violation uf the moot ohvioua dietates of common law, hut in destitute of every principle by which tho compact is supported. In the case of Hex vi. University of Cambridge, all the judge* i agteed that tho want of n inmmona wan an incurable er- 1 Tor; and on thin point, the |oxpre?sions ol Justice Korte eul are *o impie'iive, that I cannot avoid inserting them. (The objection. say* the Judge, for want of notice, can never be got over. The laws of God and man Itotli give the party an opportunity of making hi* defence it hehuvo any) i In Qtttr vs Commitiionm <\f Tobacco lntprtHon, 1 I Ihif/'i Il'p 3ft7.?The courts of houth Carolina say, the ' proceedings must he p" nearly a* possible according to i the course of trial* before Juries at common law ; aa theac jiutice* or commlssioneis ere, on these occasion*, ! put in the piece both of judge* end Jurore, the party ac- ' cuied must be summoned; there must be a ipecifle chaige against him, and he must have time and opportu- i nity of being heard in hi* defence. The witnesses against ! him must all be ob oath, agreeable to the rule* of law, and reduced to writing, or at least so much as it neem- I I ERA 1846. ary to the conviction. And in chuck or couvictiou, thero ought tobejti record ofittunder tlie hands and soul* of the Justice* or commissioners, in which no much of the testimony must he set forth, im will bring tha offenders ander the term* of the law, and evince that they have not exceeded the powers given them by the low If this it not done in auch convictioni, the common luw will break in upon them and level all their proceeding*. Theso principles ate deeply imbedded in tha system of laws in our Stata also, and a* thousands of our cib/.aus are yearly subjected to the operation ol tnis kuminary und dangerous jurisdiction, it is of the highest importance that the rules wi.ich have been adopted for the purpose of restraining it within duo bounds. Uould bo strictly and carefully preserved. Testing the record in this case bv thexe tules, it cannot for a moment be sustained. The information merely states the otience in the word* of the Statuto j it is net stated whether tho accused pleaded to tho charge ; nor whether shu wan present when the witness was examined: nor is any part of tttl nUlOOt Mt forth J and the lecord is no drawn np, that while two males and ono female are named in it, it is one of the female* who is convicted of being a vagrant, and one of tho male*?which one doe* not appear ?who is therefore sentenced to the penitentiary for two months. The record being void, the prisoner must be discharged. State Conatltutloiiul Convention. Wkdmksdai, Sept. as.?Mr. Yawger presented a petition from Cayuga county for an equal distribution of the Literature and School Kurids to tho cause of Education. Referred. On motion of Mr. M?nn, the secretaries were directed to notify tho Chancellor that tho Registrar and Assistant Registrar of tho Court of Chancery have not made return to the resolution of 13th August, and that tlio Chancellor bo requested to cause said return to be made. The Convention then proceeded to the consideration of report No. '2, of tho linance committee, "on the power to create future State debts," itc. The question pending before the Convention beiug on the amendment of Mr. K. Huntington, striking from the 6th section of the report tho clause requiring tho submission ot laws borrowing money to the people. Lost?7(1 to 34. The question then recurred upon the motion of Mr. Shepard, proposing so to amend the .'>th section that tho State shall ncrealter control no dobt or liability. Lost?73 to 31.? The section was then agreed to?7'2 to 3ti. Mr. Chntfield proposed the following additional section : ? No diroct tax (hall be levied on the people of this State, so long as the revenue:! of the State shall be sufttcient to meet the demands of the several finking funds to pay the debts of the Stato in the preceding article provided, and the expenses of the State government. Mr. White moved to add to this section the following : Provided, however,that no more than $-200,000 annually shall be taken irom tho canal revenues, until the Erie canal enlargement, and the Genesee Valley and Black river canal* ars completed. The amendment of Mr. White was rejected?67 to SS, and the soction offered by Mr.Chatflcld was rejected?7*2 to 4*2; and then the Convention took a recess. ArTcanoon Skssiom.?Mr. St. John ofl'ered the following additional section:? f) ? The provisions contained in icction three of the next preceding arucle lor the imposition ot the canal revenues, shall continue in force until tlio lit day of January, I860, and after that time the whole of the ordinary expenses of the State government, except such portions thereof as shall be provided for by other means than by a direst tax, shall bu paid from the said canal revenues, and 110 dircct tax shall thereafter be levied upon the people of this State to pay the whole or any portion of such expenses, unless there shall be a deficiency in thu said canal revenues, to pay the same alter comply! ing with the provision* contained in sections one and two of the said article." Mr. W. Taylor olfered the following substitute:? . If at any time alter the period of live years from the adoption of this constitution, the revenues of the State unappropriated by the last preceding article, shall not be sumcient to defray the necessary expenses of the government, without continuing or laying a direct tax, the legislature may, at its discretion, supply the deficiency, in whole or in uart, from the surplus revenues of the canals, alter complying with the provisions of the first two sections of the last preceding article, for paying the interest, and extinguishihgthe principal of the canal and general fund debt; but the sum thus appropriated lrom the surplus revenues of the canals shall not exceed annually $360,000, including the sum of $ 10'),000, provided by the third section ol the last preceding article, lor the expenses of the government, until the general fund debt shall be extinguished, or until the Erie canal enlargement and Genesee Valley and Black Kivcr canals shall bo completed; and alter that debt shall lie paid, or tho said canals shall be completed, then the sum of ?t)?j .r>00, or so much thereof as shall be necessary, may bo annually appropriated to defray the excuses of government." Mr. Smith moved to strike out the word live and insert eight. Agroed to, ayes til, noes 60. Mr. Taylor's proposition, as umended, was adopted, ayes 70, noes 34. Mr St John's proposition, as amanded, was agreed to, ayes 68, noes 60. The 7th section wus thon adopted; and tlio article, as amended, laid on the table to be printed. On motion of Mr. Loomis, the report of committee number 17, was taken up, ft7 to 37. The article relates to the powers of corporation! other than banking Without nroirress on this article, the Convention a lioumed. Mr Btundage's name was included je?terday in our report in tlio affirmative on Mr. White'* amendment to I Mr Kussell's revolution relativa to the disposition ot the surplus revenue! or the canals. Mr. U. voted in the negative.?-Albany Jlrgus. On Rallronile. New York, Sept 22d, 1H46 Dear Sir,?I hare been to Buffalo and back during the last week. The dutance between Albany and Buffalo it 32d milei by railroad, anJ dono in a little over 25 hour*. The travelling time i* from 12 to 20 mile* per hour, with frequent stops. Between L'tica ami Buirilo the time is slow, and the carl very poor and uncomfortable, and at Rochester a delay of hair an hour happens in all cases, and the luggage transferred to another car on the same spot. There is no jnst reason for this detention of tho passenger, who is compelled to remain and identify his trunk, lie. The refreshment houses beyond Utica are poorly Isupplied with the poorest viands. Coffee, bread and butter, which should bo of the very best, is only sec ond rat*, while the other articles displayed in the scanti eft qiuntitiei. are anything but inviting te tho hungry traveller. All the foregoing win freely discussed hy the passengera in the can, and we congratulated ourselves on the improvement that would occur on.tho completion of tho Krio railroad, whiek will be wider and the seats more comfortable, and tho tin* between New York city and Dunkirk or Buffalo, 24 hour* In place of 36, *x now. Tho Krie Koad will bo completed in 3 or 4 years, and tho diitancc about 400 miles, done in 34 hour*. To Krie, Pa 90 " " S " To Clevoland, Ohio 105 " " flX " To Sandusky, 0 90 " " 6 " To Detroit, Mich 110 " " f>X " ' To Ht Josephs 201 " " 11 " To Chicago 100 " " ft " To the MiiiUaippi River.... 139 " " 7 " 1231 mile*, in houra. The people of Cleveland, Krie and Northern Ohio generally, are moving in the matter, and by the time the Krie Railroad ia done, tho other branchoa will be connected. The Canadians will have their road, 222 milea, hotwflflk Buffalo and Detroit, completed in about 2 ye.ira, nnd vVTrun it in 11 houra, making the time between New Vork and Chicago about 61 hour*, including ctoppagea, to which add the 7 hour.i for the Chicago rand to the Mississippi, 'given 6? houra. We may salely predict in 3 years, to go to Cincinnati in two daya from Now York, and in ft or 6 yeara to tho Mississippi, '200 or 300 milea above 8t. Louia, in less than three daya; and when improved locomotive* and improved rail* are in general use, it will be accomplished m aatillahorter time. The routo via Buffalo and Handttsky to Cincinnati, with all,the present disadvantages, ia done in less than 4 daya, an 1 hundreds of Kentuokiena are travelling that way for the first im? A Mkbciiant. U. S. CiRcnTT Court, Boston.?W. W. Woodworih vs. T. Halo and at., and Woodworth vs. J. Stone ?In these cues injunction! were granted at the May term, 18M, and at tho May term, 134(1. a motion was made, in the tint named caae, to dissolve the injunction. An opinion wai given at the aamo term, retaining tha injunction as to one ot the defendant*, but diiiolving it aa to the other. Among the objection* which were then urged ngainut the validity of the patent were the following : that the puteut wai aigned by H. HyIvciter, a* acting commiiiionar, and not by Kdmnnd Burke, tho commisaioner; and 2d, that the patent bad been altered at the patent office lince it issued originally. At the preient adjourned iei*ion of the *ame term the motion to dissolve the injunction was renewed a* to the lirat case, and another niHile aa to the second casp, both of which werediaposed of on] Monday. Kach waa founded on the anme ground*, acc?ap*nied by new evidence ottered under the first objection, to ahiw that Mr. 8y lve*ter, at the time of (igning the patent, wn* not acting under any apjiointinent made by the President hy virtue of the Hth station of the act ot Congress, May 8, I7M, but being then chief clerk, claimed to he authorized to aign it in the neccaaary absence of the commiaaioner, under the power conferred by the second section of the act of July 4, 1830, re organizing the patent office. In reapect to the second objection, the alteration of tha patent, it wa* farther proved that a mistake aa to the timo it was intended to run w hen renewed occurred in the patent iUelf, a* well a* in the record and copy of it; that it wa* fourteen year*, but was meant to be for twentyeight ; and wa* afterward* altered to tweutvo.irht ami it was ahnwn that the Serretarv of Statu anh. a?(|uai)tly expre.aaed in writing hi* aaient and action to the correction of the miitako, though he wii not con lilted at the time when it toek place. Mr Juatice Woodbury gave the deciaion of the Court, refining to diaaolve the injnnction, on the ground that the chief clerk ii authorized by fairconatrnction of law, to (iffit in the absence of the commi?aioner- that the alteration of the patent wai made valid hjr the anbaequent aaaeut of the Secretary of Htato ?and, finally that the injunction* ought not to lie dissolved for mire technical lijeetwni - fnili'a Fott Krllglnua lul?-llli<< m e. Her. Chnrlet C. Hharkford, formerly of Houth lloalon, haa received an uiianimoiu call from thr Unitarian ?oCiety, at Lynn, lately under the charge of Hev. John Pierport, jr., and before of Rev. Wm O. Hut Mr. Shaokford hai accep'ed the invitation. We lorn from the Vitttkmrn Chr > -tirU that fifteen new (Catholic churches are now in pwfr??? of crecuoii in tt dieceae of Pittsburg, all of which, it i? evpeoted, will be ready for aorvice during the present J ear., A. ng menti are alio made for cemmeiwii g ten othera early next season. A large concourae of people attendedthekyirgoftl.e corner iitone of the mw Mariner n ( hurch. it Boiton, yeiterday, connected with the Seamen's Bethel, under the auspices of the Boaton fort Society, I m?M i, aeggBtto?? LD. Frtc? Two CibUi More of lli<- Mexican News. {Krora the N. O. Picayune, ItSth imtaut.l The Courier of last evening aayi letter haa been received by a highly reapectabie commercial houie in thi? city from Vera Crnt, dated September Sth, which itatei that the Mexican Executive haa rejected the overture* of our Government for a treaty of peace, on the ground that the subject of ]>eace cannot be treated of by the k'vA?ntiua ixitliAiil llm a'an^linn r\f ( 'ntiirr?a* anil tlmt ilia ( ougress will not l>e in session till the month of December. The Cuurirr ul*o learns from the lame source that th < Mexican tloops a' Hun Louis I'otosi have been ordered not to march toward* Monterey. The Com ,,v teeini to think it doubtful whether thil rejection of the overture* of our Government was approved by Santa Anna, and whether in fact he wm at the moment presiding over the Government. The representation* which have heen made to in <>u thia subject, both verbally and by letter, ore to the effect that Santa A ana I was actually in the city of .Mexico, aiul really,though not ostensibly coutiolling the action ol the Government Thia we stated yesterday, but have sinco teen in the Mobile Herald a letter which Kays Santa Anna was still at Jslapa. However this may bo, wo cannot doubt, upon reperusing a letter which we received on Monday, from an otiicor of the Navy, that Gen. Santa Anna does in fact control the Government of Mexico. If, however, any advuntugc can - e gained by him hereafter from disavowing the course which Gen. Hales and the Mexican N I Cabinet have pursued, Santa Anna is precisely the man to make such disavowal. He is a monster of duplicity, and his atfectcd reluctance to assume the reins of power ut once and 0|>enlv. may be a subterfuge by which to escape fro n the fulfilment of pledges which has given.? That this reluctance is affected, is false and hollow, we have no doubt; the only question with us is, who is to be made the victim of his duplicity 1 [From the New Orleana Delta, September 16 ] It 1* an interesting question, to be solved by future advices from Mexico, whether this rejection of the overtures of our Oovernment was approved by Santa Anna, and whether, in fact, ho was at the moment presiding over the Government. h.liavalho nniiuilll nf mil- C,.>'urnmnnt no (uxpntion of hostilities till the conclusion and ratification of a treaty?ami this may have boen the motive of the Mexican Government for rejecting the offer. The rejection, however, is of no coniequenc, and indicates 110 sign of the future course of the Mexican Government, union* it was functioned by Santa Ansa, who If probably at tlio head of the Government. Varieties. We are informed that the Grand Lodge of the Order of Odd Fellows in the United States, yeiterday, elected Horn R. Kueass, Kdj. of Philadelphia, the M. W. Grand Sire of tho Order. This is chief official station in the Order. The New Orleans Commercial Bulletin of the 16th says '.?That there is no foundation for the various rumors that have boen alloat the last two days, of the prevalence of the yellow fever. The total number of deaths in the city for the week onding on Saturday last, waa only 74? a less number, we venture ?o sav, according to the population of the city, than occurred the same time in any other seaport or rivor towns in the United States. Of tbfi number, ono is stated to have been of yellow fever. Another, of that disease, it is reported occurred at the Charity Hospital on Sunday. On Monday, snd up to 8 o'clock last evening, no new cases had appeared there. In private practice, three or four cases are reported, but not authenticated. Admit, however, that they have occurred, and it gives no cause for alarm, Occasionil cakes of yellow fever occur every year, in all seasons; and during this month especially, all cases of fever are apt to assimilato to tho yellow lever type. The Charity Hospital is the index to the health of the city, and espeI cially to the yellow fever, and the books of that institu| tton show that the city never was healthier, and never more clcar of yellow fever, during the month of September than now. Literary Intelligence. The Philadelphia North American of the 34th uyt that " the Hon. George Bancroft ii to sail for England on the nth October. He hai been (pending a few days in thi* city and viqfciity, in researches connected with the History of the Revolution lie yeiterday made a tepogrmphical examination of the Held of Germantown, accompanied by that enthusiastic and accurate antiquary, John F. Wilson,, Ksq., ' the walking chronicle,' and another gentleman of kindred pursuits, and last evening left for New York." The Hon. Joseph R. Ingersoll will deliver the opening lecture of a course before the Mercantile Library Association of Boston. Court for the Correction of Errors, Wednesday, Sept. 23 ?Present, Lieut. Gov. Gardiner, an1 'JO Senators ?No t??D. B. Moses and al. vs. F. Mead and al Mr. (J Wood concluded his reply. No. 18?D. Connelly and al. commissioners, Ike., vs Town of Guilford. Exchanged with No. 13 on the calendar. Mr. George Wood was heard for plaintiffs in error; Mr. N. Hill,jr., for defendant in error; and Mr. G. Wood in reply. No. lft?1). < oonley vs 8. W. Coonley; passed without prejudice. No. Itt?G. P. Frost vs Saratoga Mutual Insurance Co.; postponed till after recess. No. 1??H. Waring vs R. Krouiet, clerk, kc ; attirmed on default. No. 13? G. W. Stanton, jr., vs G. W. Stanton; cases distributed. Triai. of the Kidnappers.?'This trial closed yesterday. The jury returned a verdict after dark last evening, having been out seven hours. They acquitted all liut Henderson, the justice of the peace, on the ground mainly, we believe, that those thus acquitted were ignorant of the law, and unaware of the facts as to Jerry's freedom. We hardly know how the jury could avoid the conviction of all those engaged in the afl'air, although some, or(most|of them,were undoubtedly misled by Forbes. The jury was undoubtedly composed of man incnneu 10 leniency luwurui me prisoners, or uuun of fhem would havo cscaped conviction. The judge, ia his charge to the jury, recognized distinctly the freedom of Jerry, as secured by Allguire bringing him to Cincinnati, as well as the permission afterwards given him to return to his mistress. Jerry I'hinney, who was kidnapped and taken to Kentucky from this city several months since, was brought back on Thuraduy last, and ia now restored to his famlj, He has been confined in the penitentiary of Kentucky e\ur since he left, and is quite emaciated. Five hundred dollars was paid to secure his release. We will not aajr that it was wrong to pay this sum t<^et him back; but w? must say that tho idea of paying for a man who ia ju?t as free legally?to say nothing ot his natural rights?aa any man who walks our streets, is one that freemen cannot relish much. This sum was paid by our citizcns under tho impression that he could not otherwise be restored to hia suffering family.? Columbut (0.) Journal, Srpt. 9. IMPORTANT TO THE LADIES^ JUST received from Auction, and offered at 20 per ceat below Importer's prices 'JIO Tambour tucked Dresses $4 00 I.'iO rt? very fine do S 00 2U0 Nenpolitan Caee worked do SM 1041 Riviere fcinbroidercd ..5 00 'Ml Needle worked, (twi rows) TOO 75 do do (itireerows) IN A large lot eolored Orifandie Muslins, at $2 50 per areas, . usual price 4 A few very splendid Lace Dresses, from 10 00 Do do tlouneed, from S>5 to 15 10 A rich Assortment of real slid imitation l.see Capes, Berthes, Capes and Sleeves, Krencli needlework Capes, Collars. embroidered Handkerchief*. Ike. Ike. unusually low. s22 lln'rrc PKTKH ROBKKl'tJ, J73 Broadway. ujtuii aiunr. run. s/ibr,, ESTABLISHED FOR TWENTY YEARS. THE 8L Brt(-KlbtKS offer lor Sale their old and well established stand, b3 Bowery, comer Walker street, together with Lrur, Stock and Ktitures, Soda h'ountaius, Ice. The Store is now doing a good busmen, and is in complete order. Will be sold low lo a good purchaser. Apply to WKHK8 fc ANDERSON, 23lw*rre 30 Fnlton. corner Water. anil 63 Bowery. MK. .ViOUi."., wno lately arrived in tile Oladiator, from London, is requested to call at No. 1(0 Pearl itreet, where he will leceive some important information. New York, Sept. 19. I?? J?l IWm ?30,000 TO LKNP ON BOND AND MORTGAGE, on productive real eitate in thia city or Brooklyn. It will be divided into naii an it applicant!. Apply to 8. 8. Broad, No. II Wall atreet to the I rofon Wafer Omee. basement. anil lm"m LEECHES! LEECH ESf~LEECHES! AKRKSIf supply of large and healthy Hwediih Leeches, jmr received?for aale in quantities to intt purchasers, packed up to ai to be transported any distance with safety, by II lm*rh Importer of Leeches, 31 John 'it. SHIP BLACKSMITH. STEPHEN ROBERTS, CORNER OK MONTGOMERY AND SOUTH 8TS., (near the Tobacco Inspection,] ii prepared to do the IRON WORK OK VESSELS with tha greatest facility, and on the most reasonable terms. IT/" "Order* from any part of the eonntrv for doing the top work of vessels, will be pnnctually attended to. Letters addreased aa above, will receive prompt attention. anM la' WINDOW SHADE DEPOT, No. 7 SPRUCE STRfcET pstAHi.nHru in lino WHOLESALE AND RETAIL. SHADES of all descriptions, kinds and site*, ? P" cheaper than can be bought at any other place. Tnatning at nnuiufactarer*'prices. . Signs, Banners, and interior Decorstioni not to be aarpaaaed. BARTOL k ORMSBEK, q27 lra*r M?pand Ireporfrm. J i.t't lYUS* IN IWOUIlAflOl I, Orrica No. f Wau. it-, rrotnm TitfiMum ICiciim. THIH Compaay caalinnn to iuar* agatart lM>a* by rir.. Jm /w.llmg hoy?a,w.l?hy?*?, oral, goods, war*. and merchandise.u< Tory ~?erip^o? ? personal r'oP"^- *'*? lo" " h"1" by ** yigatiou tPU,,,,orW^KCTORS Thomas W. Thonse, Klisha Kim, Thomas T Woodruff, Ansoo BaSar, M. H Kobs.m, M. P. Joseph Uirak*. I Thomson Price, Joseph Allen, M"i? Tuektr, James K.Holwaa, John K. Uayisoa, J*hn P MofJ, John H.Lee, WiIUmb K. Tnora, CiMC.Tiim, 1 homas Mnrrall, Knnr.ii P Sage, Kufane Bofart. Job?.C. Men-itl. Roban Smith. TIlOMAS W. THORNK, Prasidaat. or,11. T HOP*. * 'ra?ar?. ?M tfta OEA FNK8S CUREDl QUI BROADWAY.?IK,*tr?ct>?" I eheerfally eomplr OO 1 with the reuaest of Lieut. Mcintosh, to state tliM ho km invalided home in consequence of total d-afness and dis charges from the e*rs ; that under the treatment of Dl CARTLKk KDWAKD8, Aunsts, (181 Broadway,) N. V., he recovered hi* hearing and han as tin returned to his duty. Sigoed H. McNKVKN, Surgeon to H. B. M.'? Koreas, Jamaica. All cases of deafness attended to. . Acoustic Drop* for sale. A sore euro for incipient dearoess rising from cold, discharges from sad unsung Mtm in (ha asrs, collections of hard wsi, *e. a*171**r

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