Newspaper of The New York Herald, 16 Mayıs 1855, Page 2

the prohibitory liquor law. Opinion of Jad?e BewW?y om IU CMomtt uuwuUiy, *e?, Nkw Yohk, May 8, 1855. Uy option ap?a various questions arising on the re prohibitory Liquor lit having been aakel, I have gtvea to til* *ubject that earnest ??? and atteation whi4h lit character and importance to fully demand Tha main design in tba enactment of thi* statute ntay have been to eradisate or aback admitted and great evils, which it cannot ba dented that tha mode adoptad, if fully carried out, maat lead 1o tha sacrifloe of an lmmanta value of Individual property, and raduoe many from a oondltion of reasonable competency to that of compara tive want. Tha anticipation of sueh raanlta cannot tail to excite a daap feeling of hostility to the m.a.ure, and to aroueathe .trongest effort. to opoaa ita execu tion These are natural and inevitable re.ulta, and while oppoeition i. kept within tha limit, of tha law of the land, no one ha* any right to objett that it la un suitable or improper. The act, too, drawa la qaea Moa the relative powers of the general and 8tato government., and may present a caaa where those powers are brought in conflict with each other, aa too. the act, in all or some of Its provision*, may violate tha constitution of this State. It is, therefore, in every aspect, a subject of the graveet oharaeter, and 1 have considered and reflected upon It na sueh. Of the policy of the act I have nothing to eay at this tine. It may be thought in this, a* in many other instances, that an excess of seal, even in an effort to effect a great good, la not attended by the needful .-..nt of oiscretlon la adapting means to the desired e*0? but I shall confine mytelf strietly to the provisions of the act and their legal meaning and eliect. la examining this subject the flratiaquiry would aeem to be whether a State of this Tnion has power to pro hibit, totally or qualifledly, the eale of aplriiuou. Uquora, nod to enforce the observance of anch a law in any man aew- and the second, as to the validity of the measure* provided la thla act for IU enforcement. I shall first ex^ the naked queatioa of power, reserving what I have to aay oa the vindicatory part of the act for a aepa "rt ia'but'1 "aaonable to suppose that thi* act waa In tended to embrace three diatinct classe* of property to oaeh of which different lawa may apply, and diasim.lar the "first claas may be taken wiats and other It ^rS^brKlSt to^"tStt"S Stolen unler the aothority of the general government, and m con ormtty with various treaties and laws on the ?object. Stats* hays no power to prevent or impede the Import* tun of property from foreign countries, for the treaty Making power ia vested in the ITeaident and the United States, and Congress is expressly authorized ??to regulate commerce with foreign nations. (Con stitution of the United States, art. 1, aec. 8, sub. 3.) This power has be?n exercised by Congre*. in the paa .... of lawa which provide for the Intro iuction of liquors and other property on the payment of otrtaln dntie. to the United states. These treaties and taw* are parte of the supreme law of the land. IConat art. 8 ) The right to import is therefore con ferred and tecured by a law paramount to aU State au^ fltonty, and it carries with it a right on the part of the Importer to aeU what he has thus imported. This has bean adjudged by the Supreme Court of the United States, and may be taken aa a point entirely at rant. (Brown va. the State of Maryland, 12 Wheat. R. 419.) Bat this right to sell, irrespective of, and even in hos tility to. State autherity, ia limited to sale* made of the import in the form and condition In which it may, by thekaw of the Unite! States, be brought into the coun toy. Dry goods may be sold in the original package, as wtoee may in caaes, and other Uquers in casks, for they may thui he imported under the lawa which regulate foreign commerce. But when the import piwes from the importer, an by sale to a customer, or ia broken up far retail by the Importer himself, it ctases to be any longer under the protection of the law ol the United States, and falls at once into the general mas* of property within the 8t*t? which ia subject to the exclusive control of the State laws, gome very distinguished judges have held that a State is competent to regulate, and even prohibit the **'? hy importers or their original packages; but, tor these except'onal opinions, the right to sell all im ports m that condition may, as 1 think, be regarded as tkeVettle* law of the land. The authority of the State, however. is no further restricted by the paramount law of the United State* than ia requ'red to secure an abso lute right on the part of the importers to make .ale* of their imports in that condition; far beyond this, a State mav regulate and even prohibit the Bale of imported pro perty of every description as Tully as it may property of Comentic growth or production. (Srown vs. The State or Maryland, supra the License case*, 5 How. S. o. United State*, R. f)04 ) Ibe second clas* of property which it may be supposed the act waa inten ?*d to embrace, is composed of liquors brought in from otb.r State* of the Union. Aa ? ongres* has power to regulate commerce among the several State*," (Const Art 1, ser 8. su1). 3,) the Introduction of such property from one State into ano ther may, unquestionably, be thus authorized, bo that a State act prohibiting ita introduction would bs of no vitality or force. Such a law of Congrss* would, a* in respect to import* from foreign countries, eonfer a right to sell what was thus authorized to be carried from one State to another. But Congress, although au thorized so to do. has not yet passed any law regulating commercial dealing* among the State*. (The license eases supra, p. 578.) That power hat not yet been ex erted and until it shall be. the several States of the Union will not have t*<eu deprived of their original pow ?r as sovereign State* to prohibit the introduction from other States of *uch articles as may be thought inju llous to the public welfare, or to regulate or prohibit their sale within tHe limits of the respective States Thete principles wl 1 be found fully asserted and sus tained in the caaes above cited. The third class of property referred to, i* wines and other liquors of the growth or manufaiture of this Bt.i- or which, being the production of some foreign country or other S'-ate of the Union, hive b?en broighi tato this State and Incorporated with the general miss of property within its limits, and which, as to sile and uaa, ii subject to the exclusive control of State la*s. That a sovereign State has power to regulatj the maa afaeturc and production of whatever may be deemed noxious or adverse to the public Interest, and that it ? - Cven prohibit such manufacture or production, will not, I suppose, be dsaied by any one. And a* the State has power to prevent the manufacture or produc tion of inch article* within its limits, it may. undoubt edly. regulate or prohibit, totally or qualifledly, their aale or consumption These are but truism* to. which all will assent when looked at merely In reference t> the Question of power. Doubtless the publie authorities of a State may act in euch matter*, as in other*, unwisely, and ia a manner which cannot fall to retard, if it do not defeat the end in view, but thi* will not show, nor ten! to abow, that the State, a* a sovereign power, may not do in tbeee respects what sball, in its own view, seem host calculated to promote the public weal I have *aid that it may be suppowl this act wa* In tended to embrace the three clas??*of property to whiea reference has been made; and, if such Its effects, I have already vindicated ia a general way my opinion of tee vitality and foice so far as respects the power of a gtate to regulate <>r prohibit the sale of such property, although the mode* bv which the prohibitory clause* of this act are to be enforced present very different ques tions. That this act applies to wine* and other liquor* brought in a* articles of coin aerie from other State*, and to *uch as are of domestic production, Is clear enough But the doubt l?, whether the act, fairly con atrued eaa be made to apply to wines and other liquor* brought Into the State as imports from foreign countries, and that question will now be examined. There are but three prombitory section! in the act? the first, third and elgnteenth ? of wnich the last two have vary little, if Indeed any, significance in reference to the Question ui hand. The last section namsd relates to the transportation of liquor, and prohibits thi* being done unless the package or cask in woiih it miybecin toined is marked in a particular manner. The thira section prohibits person* licensed under said act from doiag certain things, but contains nothing material now to be stated or considered. But the important section is the flr*t, for we there find the only prohibition in th? act against the sale, heepiag for sale, and giving away or keeping to give .war. of wines or other liquor*. 1. AB to their sale, or being kept for sale? Thi* can only be done by a person authorised as the act provides and in the manner and for the purposes spscifled therein. 2. Aa to giving away wines or other liquor*, or keeping them for that purpoee.? They can only oe given away bv physicians In their practice, or for sacramental pur -niin nor can they be kspt with latent to be given oway'in any place exoept a dwelling house, in wh oh there ta no tavera, Aa. There is an expre.s prohibition against keeping or deposltin* wines or other liquors in any place except such a dwelling house, "or in a oturch or place of worship, for sacramental purposes, or ia a place where either some chemical, mechanical or msdi cinai art, requiring the use of liquor, is carried oa a* a regular branch of business, or while in astual trans portation from one place to another. ?J " .'n hoaee prior to Its reaming the plaoe of Its destination. Bvery violation of thee* provision* is declare! bv the act to be a iniademesnor, and subjects tin o (render t J severe punishment, by forfeitures, fines and Imprltoa aa^ n t / ^ ^ That these prohibition* are wholly void as to im porter*, In reference to Honor* In original pack age*, must follow from what has already b?en stated, If the principles applicable to property in that condition have not b*en mistaken Importers may sell or keep to eell, may give away or keep to jflve away, and may deposit their i? ports wherever they ?an And a place for their reoeptlon. notwithstanding these prohibitions. Their rights in these respects ar* secured by constitutional act* of Congress, against which State legislation l? powerless. This I should hold to b sou ad law, even If the prohibition* In the first eectlo i could be understood to apply to imported liquors. Bu thin seetion at Its closs ha* these words ?"This section shall not apply to liquor, the right to seU which In this State is given by any law or treaty of the United States " This la a brand exception, for it takes out of these pro hibitions li<iuor of every description, the sale of which is Authorised by the Halted 8tetee. By the law of the I'nlt 22 StoteTthJ " *1 sn alMWlute right to sell all liquor* frnnorted from foreign countries under the authority of WteV tb?y iw therefore, by the very words of the exemption, excluded from every provision contain. 1 in ^llekto^outslde of the net, it ia probable the law 'k?rs dld intend to ocnftne theee prohibition* z\ sa ssr'jrzstj's! their ordinary, and indeed only *i rnl fi ^ , h' exclmle imported liquor* froiath* probibi'lon*intho first section. The word, of the exception under* tool otherwise, and there I* nothing in any other part of the act whlei. can be made to abrogate or chaage their meaning. True, the eighteenth potion may b? ,?ld to regulate the transportation of foreign as w*ll a* o4>v?Atic liquors; but will ?ot prora that tnwr sais, sasew. issts Jtf jjgst #ons(ru#d to prevent l"'?rtfr ?f lu*?0r fiotn kftpiif or telling the ??? Ulth8 origtnalnnekn m to uVmnoi authorized by this net to s#U inch {Tinor# " This Mctlon also derlaia# thnt it shall Dot iA, uwful to ael*e, Mil or destroy My liquor* deposited or found in any bonded warehous# within th# limits of thU State, nor prevent my Uuuor* imported into the Halted State# from being taken from *u?h bonded warehous# to any place beyond the limite of tW# State." Tbeee clauses, It mmt be a(! milted, indicate tbattb# Lsgit lature euppoeed import. d liquor* fell with in the provisions of th* first * action of the act, butthtr cannot be mace to nullify an exception, explisit and plain In Its term*, which take* them out of that section, and which would be wholly *#n*#l#sa unlet* to hare that effect. If the exception doe* not mean thia, it has no meaning at all. Thee* provisions of the twenty **cend section may with much more reason be rejected, a* ?uperfluou* and nugatory, than to hold that this exception is void and or no effect whatever. Such in my opinion, i* the re*nlt at which every court would arrive. . Am to the prohibitory pro> ialons of the first *ection of the act, my conclusion* are:? . 1 They are void so far a* respect* i m P? rt*d w ines other liquor*, In the band, of importer* while .tar the con dition ot imports, and he may keep ar**U condition, in entire diiwgard ef everything oonUlned m ^Th^T light 1* *#5ured to the Importer by the law ef the ^"it#Tlie t^ate has power to regulate, and may prohibit, the'tsle of o'her liquor*, and I nee no ground on which the prohibition, in thi. act again.t the *ale, *Mp.n<ti ?ell. and giving away of *uch liquors, can be held in all respect* Sit A although 1 do not Intend to be under stood that, on the oth#r hand, they are all ?'d 3 But t\ie act by expres* word* take* out of the pro hibitory clanie* of the fir.t section all imported wine* and other liquor*, *o that none of it* provision* a* to fine*, seizure and forfeiture, for violating *aid clausM, apply to thi. clata of property. The act, therefore, doe. not really contain any prohibition against keeping, sell ing or giving away imported liquor* at the pleasure of the owner, nor can any such property be seised or con fiscated under its authority. 1 proceed to the vindicatory part of the act The act may do credit to the oourage of Its authors, for they have not hesitated to cast upon the lower trades of officer*, judiatal and ministerial, throughout 1 th* Mate, powers of the most novel, sweeping and dan gerous character. The execution of the act, so far M respect* the Ju.liclary, I* committed, m nj f??t d#ir<??, to Justice, of the I'*aoe and other *ubordinate magis trates whose power* hnv* hitbarto been circumscribed within narrow limits and cautiously defined. But hero, if thi. act can be uph.ld, their powers over personal liberty and fortune are, to a great extant, wholly unlim ited. For aught I *## a Just;## of the Peaee may, undsr section eleven, impo.e a fine from ten dollars up to any other sum, however great, for which, in default of pay ment, the parson fined may be imprisoned one day for each dollar of the line. (Sec. 11, 4.) This is a power which no man should posses*, and to the exercise of which no people fit to be celled free would be likely to submit. But happily, the constitution declare* that ex cessiv# fine* shall not be "imposed, nor shall cruel or un usual punishments be inflicted," (art. I, sec 5.) so that there is out little danger to be apprehended from this attempt to establish an unlimited power to fine and im ^*But thi* I* not all which goes to *hoir the recklessness with which power ha* be?n lavished upon inferior ma gistrates and officers. The act gives to these magis trates the power to adjudge, on various grounds, heavy linen and imprisonment for long periods, (seo. ?), th? conviction, upon which such Una* and lmpri?onmeat are adjudged, constituting a ground for the forfeiture or propeity to any amount whatever, if kept by the P6**?? convicted in violation of the first section of toe act do, too the search, seizure and destructive power* of these magistrates are not limited by the amount of property proceeded against, but to them is committed authority to adjudge forfeiture and destruction without regard to quantity and value? (see. 6, 7, 13, 10 ) The aatn# authority which can order the destruction of ten dollars worth of property may be exercised where the value is ten or s hundred thousand dollars. Sheriffs, consta bles, marshals and pc lie* men, are required to ar re*t all person* whom they ?' shall see actually #u eneaged in the commi**ion of any offence in violation of the first section of this act, and to seize all liquors kept in violation of ?ald section, at the time and place of th? commit sion of such offence." These provisions sho v with what a lavish hand these despotic powers have been granted, and how utterly regardless of conse quences wer* tbey who vfnlured to invest subordinate, and not unfrequently irresponsible officers with powers so extensive and arbitrarj, and in their nature so great ly liable to be abustd. It may be that the people of thi* State will be able to pass through this struggle without the lacnlice of any great interest, or the perpetration of sdv meat wrong; but there is much room to apprehend that in thi* State, as elsewhere, we shall hear of acts of violence, if not of bloodshed. . Let us examine a little more closely some ot the punitory piovleions of the act. It assumes to authorise, in a summary way, by proceedings before Justices of Ue l'eaie and other magis trates (sec. 6) the seizure, confiscation and de struction of all liquor kept or deposited in violation of any of the provisions of the fir?rt sectioo; and I will iniiutre whether these provisions are compatible with the constitution of this Stato. If they violate that in strument. which is a law to the Legislature, th*y are no doubt to that extent wholly void The constitution declares that "the legislative power of this State shall be vested In a Senate and Assemoiy. (Art 3 sec 1.) Here Is no limitation, and the clause in Its comprehensive terms, if left free from restriction, would Invest the Legislature witn all such power.of le siclation as a sovereign State can rightfully possess. But the legislative power of this State is in various par ticular* restricted by the oonstitulion, treaties and laws of the United States, as the power of the Legislature is further restricted by the State constitution That in strument declares in sententious and emphatic ttrms that no person shall "be deprived of lif*, l.oerty or pro prerty without due i rocesB of law." (Art 1. sec. 6) This bind* the Legislature, and divests It of all power to deprive any person, however humble or sinful he may be, of his property, except by " due process of law. " Such a restraint upon the mad fury ot factions, and th* scarcely less dangeroas zeal of over-heat *d fanatics, is above all price, and it is the solemn duty of all courts to give to it full effect. Lue, liberty and property can in this way only ba preserved fiom unbridled violence. This clause of tbe constitution has especial reference to criminal proceeding*, and those now under considera tion are of that character, (Green vs. Brings, 1 Curtis Rep. 311.) Tlie phras* "due process of law," as to such proceedings, requires that the fact* which consti tutes the offence alleged to have been committed, and the intent, whem that la a material ingredient of the crime, ahould oe duly *et torth and charged agaiaat the supposed offender. We have a statute of the Stat# which aeclares that " in all criminal prosecution*, the accused has a right to a speedy and public trial, by an impartial jury, and is entitled to r>e informed of tbe na ture and cause of the accusation, to be confronted with the witnesses against him, and to have com pulsory process for outlining witnesses in his favor." (R. S 9*. see. 14 ) Thi., to be sure, Is but a statute, and may be repealed by the legislature, but there is nottiog in the act in question which looks like an inten tion to repeal It, although there wa* an obvlou* ds*ign to evade It* requirements. Ibe spirit and sub*tanca o. the requirement are above the reash of the legislature, for tbe constitutional guaranty given by the word* "dn* processor law" extends to and saoure* every thing ex pressly declared in th* eection of the statute whica ha i been copied. That .ectljn is only declaratory of what is embraced within the terms "due process of law." It 1* the office or an inaic'ment, in the higher grade of crimes to inform th# accused of "the nature and cauae of the accusation," and the tame should be done by a complaint in the prosecution of minor offenoea. Great strictness Is required In an indictment that the party may be fully apprised of what Is alleged against him. A complaint may be less formal than an indict ment and still be good, but, in matter of subetanee, it should contain a distinct statement of the criminal act and intent #hich constitute th# al leged offence. Without this th#r# can b? no "due pro eeas of law," lor without it the accuaed is not lnfors##d, as he always should be, of the particular offenc# alleged aga nst him. This clause also requires that the suppos ed offender should be brought into court to an*w*r for th* offence, or he ihould be allowed an opportunity, af tar due notice, to me?t the eh*rge made, and, if denied by him, it* truth or falsity ?hould be determined bf a jnry according to the course of the common law. There must be *ucb a complaint and suih a trial, #r an opportunity for on#, before a pel son can be constitutionally deprived of life, liberty or property by any such proceeding. All will agree that this must b# *o a* to 1 f* ant liberty, and this saving clause of the constituUon is equally ooutroll lo( for the preaervation of property. Life, liberty and property ar# ptoiec'ed by the *am constitutional shield; "due proc#*s of law" (Green vs. Drlgg*, *npra, Taylor T*. Porter, 4 Hill 140, 1 Kent ?th ?!. 18 and note 6, 3 Story'* Com. on th# Constitution, page Ml. Fishsr vs. McGut, ? lew B#p?rt*r, new Mri#? 622, and th# n#*t two ea#e* following in th# vol.) Such are the undoubted right* of #v#ry p#r*on in thi# Stat#, and of which h# cannot b# d#prlv#d whil# th# oomtitntion remain# as it now is. But th### re quirement# of the constitution are violated In tb#lr most vital larts by th# confiscation provls.on# of this act. Th# off#nc# for which liquor may b# seized und#r a warrant from a maglatrat#, and b# finally destroyed by his ord#r, is, that it i* k##t or deposited lna wro^plac*, or with a wrong intent, as specified In th# flint mmMm (sec 6). The act of k##ping or depositing the liquor muat, ntceesarily, b# th# act of some person, and It mu*t be accompanied and qualified by hla illegal Intent where that mak## th# act. oth#rwl* innocent, a orim#. Th# offence for which th# liquor may b# *#ls#a, a# provided in the sixth section. U the simpte act of keepingorde^ positing It in a wrong plno#, or there Is enperadM the Intent to ?ell or giv# away said liquor. Ttwa# constitute th# ground# for a *#isur# and ultimate destruction of the pt#p#rty. But thU i* th# offenoe of some person, and not o< th# property, for mere ln#rt matter can in no way violate th# law. although It may be an instrument In such violation by the person who keen# or u*#e it. A# th# offlano# i# p#r#onal, th# guilt of th# offender mnat be established by "dn# pro###s of law " belore the owner can, lawfully, oe deprived ot his property ? But this act, in assuming to authoriz# th# ielsur# and conflacaUon of liquor thus kept or deposited, plainly violate* Wis saving provision of th# oon?tltutlon. 1 ? Th# act does not requir#, In order to authoriz# ?uch *eiture and confiscation, that a complaint or chare* setting f*th the facts which constitute th# al leted offisne#, .bould b# mad# against any parson Wiat ever AI1 th# act r#quir#a Is that a complaint, on oath or affimatioo. in writing, should be made by on# or more credlhl# p#rsons. "that ha or tb#y hav# reason to be^ lieve, and do bell#v?. that intoxicating liquor i# kept or deposited in violation of any provision of section first of the act. whether th# person so keeping or dep^fltlufc tnt fame i* or is not known to tbe complainant, in nome ^peoiflel place or pltcee," fee , wh en complaint nhmll state the facts and circumstances np^n which such belief is founded, Ate. (fee 0.) If the magistrate Is thns satisfied that tha-e U probable cause, nothing more being reqir#d for said be lief h# I* to issue his warrant to saarca the place and eces named, and s#lz# "all imozlcating liquor foood rein which from aald complaint or other proor " said magistrate ahall be satisfied th#re is probable cause for UUeviojr b k#pt <* 4?p?gJted la violation of any prvTi sion of sect km on*. Thia warrant ia to to iaaued, al tiwi|b o? proof li fvDiiM o( thifnlltj pereoa; bit if bo la made known to tho m?gi?trat?, a separate war rant ia to k* iaaued for his arre?t, not, however, that he may resiet the condemnation of tho property, hat "to be dealt with persoaallr. aooording to tho provuioaa of mid aet." (See. A.) This means that ho ia to be tried for bia perianal offence under aectton Ore; and If con. vie ted he may be flood and impriaened ander ??? tion four. Snob conviction, aa the laat section declares, worka a forfeiture of all the liqaor kept by the person so convicted in violation of the first section of tho act. (3?s. 4 ) Bat wo will aappoee there baa beon no arrest of the person so keeping or depoattiag tho Uquer, and that the warrant authorizing lta aelxure haa boon executed, and the liquor stored '"in aome safe and eon Tsnient place, to be dispoeedof aa" provide! by said aet. (Pec. 0.) So far thla la purely a prooee ling tn re m, irre spective of any poraon whatever There la no complaint against any person for a violation of the aet, nor does it require that in every ea aa the owner of the liquor or soma one else ahould be made a party to the proxeeution againat the liquor aeizod But tho daaign of the pro ceeding ia to effect the forfeiture and deatruotion of the property; and justice demands that the owner or other Strson, who wan in charge of it, should bo brought in or ulv notified to defend aaid property. Thia ia bat aheer justice, nn '. without it there can be nothing like "doe process of law" in auth a oase. But the act in thig proceeding does not require a com plaint againat tne offender or hia arrest, nor does it provide with anything like rea*omole certainty that ha aball have notice oi what is going on. True, there ia provision for a ' written notice to the owner or bis agent, if known" to the officer who made the seiaure, and which ia to bo aerved "personally, or by leavieg the aame at his last or usual place of business, with a per son cf mature age, residing on the premises. If the owner or bia agent cannot be found, and his place of residence is not known to the officer, such notice aball be served by delivering the same to any peraon of na ture age, residing or being employed in the place in which sueh liquor waa contained ; if nonesuch can be found, by posting the same on the outer door of such places, and copies of auch notice containing also a de scription of the plaoe in which inch liquor was foand, shall forthwith be conspicuously poeted in at least three public places within said city or towu." (Sec. 7 ) Thla section seems not to require anj notice where the owner or his agent ia unknown to the seizing officer. Bat let it be conceded that the owner or agent will usually be ap prised of the selcure in some way, h* still haa no notice t) appear and defend, the atatute only requiring notice of said seizure and of the name of the magistrate by whom the warrant waa issued, (y'ec. 7.) Nor is be allowed to appear and make defence of any sort, unlesa he will present to said magistrate "an affidavit or affirmation, in writing, stating that such liqaor, at tbe time of such seiiure, waa actually owned by him or by aorae other person named by him, for whom he is agent; that be or sueh peraon bad not become poaseesed thereof for the purpose of preventing lta forfeiture, and that the tame had not been kept contrary to the provisions of thla act, to the best of bia knowledge and beliof; and alto speci fying the purpoae for which the plaoe where nnder which exception of section firat tho same was kept, and the facts particularly Bhowtog it to be within the ex exception." (Bee. 7 ) Now, it ia hardly worth the trouble to inquire whether, on presenting such an affidavit, the owner or agent may have the truth of bia claim tried bv the magiatrate and a jury, or may have the truth of the complaint against the liqaor determined in the aame way, for the act forbids any trial whatever, unlesa sncb an affidavit ia made and presented; and. of couraa, no defence being made, the liquor will in due time bo condemned and destroyed. (Sec. 13, 10 ) Ihis provision, requiring an affidavit of innocence to be made before a party can bo allowed to make defence in a criminal proceeding against peraon or property, la remarkable in its nature, and I believe wholly unprece dented. By oar law? and common charity should teach us tbe same lesson ? every one is taken to bs lnnosant until proved to be guilty; an4 that when charge 1 with crime he bas an absolute right, without swearing to hia innocence, to pat in a denial, and call upon the accuser lor proof of his guilt. Thia is equally the right of th* accused, whether tho conviction may result In the loss of life, liberty or property; for no one can bo deprived of either without "due process of law." The Legislature might as well provide that no person charged with mur der should be allowed to plead not guilty unleaabe would swear to hia innocence, as to exact the affidavit required by tbls act before an owner can be allowed to make de fence against the forfeiture and deduction of hia pro perty. But the Legislature haa no such power, and ?very aeizure under the provia'ona of this act which have been referred to wdl make both the magistrate and officer aervlng hia warrant responsible to the owner an trespassers, for depriving him of hia property without legal authority. Tbe act abollahes some of the moat well aettled and reaeonable rules of evidence, and the design, there is great reason to believe, was, if posuble. to sesure the conviction, and tbe sacrifice of the property of every sus [ pected person. There must be anrae limit to legislative power in thia respect, or the tight to a " trial " and to 'i be confronted with the witnesses againat him," Is but a name, and the ceremony an idle fare. " Dae pro cess of law " requires that tho person on trial ahould be presumed Innocent until his guilt ia established; that his guilt should be provad ? not declared? by a statute. It therefore denies to the Legislature power to make rulea of evidence wbich will, in aubstance, leave nothing to be tried. The exercise of such a power by tbe Legis lature may aa effectually destroy the right to a " trial " aa it would be by aboliahing a trial in torm. The sub stance would ba gone, and the mare form would be worae thna Idle and Uftelesa. There are other parta of the act open to great objec tions, but those which have been adverted to may bo taken aa samples of the residue, and are quite sufficient to disclose the means by which it was to b* carried Into effect. SAMCKL BE *1103 LEY. FINANCIAL AND COMMERCIAL. MONEY MARKET. Tuesday, Utj 15?8 P. M. The stock market wm a little more active to-day, bat pi ice a were very unsettled. The tendency was down ward. not withstanding the improvement In some of the leading railroad stocks. Illinois Central bonds declined \ percent; Nicaragua Transit, % ; Cumberland Coal, X; N. Y. Central Railroad, \ ; Erie Railroad, ),?; Michi gan Central Bailroad, X. Cleveland and Toledo dividend bonds advanced % percent; Delaware and Hudson, 1; Beading Railroad, X; Cleveland and Toledo Railroad, There was a very active demand for Reading at the drat board, and it advanced steadily from the opening. Aftsr the board a farther advance was demanded. A bear sale cf 500 shares, seller six months, was made at 87 ? twenty per cent up on both aides ? a very wise precaution on the part of the buyers. It had no attest on the market. The receipts of the Erie for April make rather a poor show and the stock gave way a fraction. The earnings of the Central do not show a satisfactory Increase in view of the additional debt, slnoe last year. The advance no tioed some days since in Western railroad stocks, has not been maintained. Galena and Chicago advanced to day. and also Cleveland and Toledo, but others recede from the highest points recently touched. Railroad bonds do not vary mueb, either in market value or ex tent of transactions. Eries, 1871 and 1876 , were a little more aetlve to-day, at previous prists. State stocks continue neglected. After the adjournment of the board, the following sales of bonds were made at auction by Simeon Draper: ? $1.0*0 California 8tate 7e, 1870 int. added 86 "2.C00 Junction R. R. mortgage bonds.. do 76Jf At the second bosrd, the mirket generally was lower Cumberland fell off % per cent; Nicaragua Transit, % ; New York Central railroad, >?; Panama railroad, IX; Erie railroad, %. Reading was the only stock on the 1-st that improved. That went at per cent, with sales of nearly three thousand shares. It is estimated that the steamship Atlantic, from this port for Liverpsol, to morrow, will take out one and a quarter millions of dollars. J. Thompson's regular weekly sale of stocks will t?"?e place to morrow, at halt paet 12 o'clock, at the Mer chants' Exchange. Among the securities to be offered, we notice, are about fifty thousand dollar* of State stocks. Adrian H. Muller will hold his regular semi-weekly sale of stocks and bonds to-morrow, 16th isstant, at 12 >? ?'clock, at the Merchants' Exohange. A variety of in* ??ranee, bank and railroad stock x and bonds will be of f*red by order of the United States Trust Company, aa receivers. Messrs. W. k J. O'Brien, No. 29 Wall street, will pay the dividend just declared by the Seoond Avenue Railroad Company, to stockholders residing in the lower part of the eity. The company's offloe is at Forty-seoond street. In the Supreme Court yesterday, Judge Cowlee sus tained the demurrer put In by Mr. Cross, for the firm of Dennistoun, Wood k Co., one of the defendants to the action brought by the directors of the New Haven Rail road Company to restrain the holders of the false issues of stock from prosecuting suits of law against the 00m. peny. The temporary iajunction obtained by them haa consequently been dissolved. Judge Cowlee deems every bona fide holder of stock, reputed false or not, to have abeolute and perfect elaims against the company. The transactions at the Assistant Treasurer's offloe to day, were as follows:? Paid on treasury aooouut $162,661 71 Received do. 111,611 18 Balance do* .?,.,.??,*???,?????2,084,603 80 Paid for assay office 86,427 IS Paid on disbursing checks 14,386 74 Of the payments to day, $36,000 was on California drafts. We pnblish as an advertisement in thli day's paper an important letter signed by Wm. Johnson, President of the New Haven and Northampton Railroad Company, relative to the leases of the canal road. It is addressed to the stockholders of the New York snd New Iltvea Railroad Company. It Is only another evilence of the gross mis management of tbe New York and New Haven Company by the Schuyler Board of Directors. If the Northampton Company have the best end of the bargain, it Is because they managed their affairs more shrewdly. By telegrspbic despatch from New Orleans we learn of tbe arrival of the sWmship Prometheus at that port, from Su Juan, Niearsgoa, with advices from California to the 24th of April. The news is not important. Business in San Francisco was doll. Several failures had occurred. The ateamshio Northern Light left Ban Juan for this port on the night of the 8 til Inst. , with $300,000 In (old dust on freight From the large number of passengers on hoard wo should judge there was a large amount of gold in private hands. The gross earnings of the Erie Railroad Company for the Month of April, 1666, amounted to 9617,399 07, sgainit $621,986 18 for the same month last year, show ing a decrease of $4,687 11. The total reoeipte of this company for the first seven months of the present fiscal y?ar, amounted to $3,276,791 66, against $3,060,676 14 for the same time the previous year. Increase In seven months, $226. 1?C 41. This does not look much like an 'ncreane of $1,000,000 in 1866 over 1864. We give below the gross receipts of the throe leading railroad companies, the stocks of which are extensively operated in, la this market, for the month of April, this year and last:? Railroad Rbokuts, &e. April. 1864. 1866. Cfcrt. N, V. Central $620,671 $647,169 $37,000,000 N. Y. & trio 621,986 617, 399 37. 000, COO Reading 277,692 402,476 18,600,000 It Is not necessary to make any comments upon this exhibit. It speaks for itself. A gross income of $400,0*0 on a capital of $18,600,000, Is certainly better than a grots income of $647,000 en a capital of $87,000,000. The net Income of the Reading in April, was $230, 693 17. The Otntral's net earning*, under the most favorable circumstances, estimating the operating ex' penditnres at fifty per cent, cannot be more that $323,. 686. Some time since, when Reading was 82 per cent and Central 92, we stated that before the lapse of many weeks the relative position of these stocks in the mar ket wpuld be reversed. The difference now in current value is only three and a half per cent, and that will soon be wiped out. The Boston Telegraph of the 14th Inst, gives the fol lowing mume of the stock market of that city: ? Boston and Maine improved %, selling at 99 %, snd the same priee was bid at the close. This stock is tne most popular railroad on the list with the investing public. Boston and Lowell is more inquired for, at 76 for several shares, and 76 is asked; Boston and Providence, Worces ter, Concord, Fltehburg, Eastern and Western are dull, with an excess of sellers; Cheshire is wanted at 28%, but the stock is scarce; Old Colony sold at 79%, which is generally thought to be a lew figure for it. We be lieve a dividend of at least 3 per cent is looked upon as quite certain In July. Vermont and Canada is more in quired for, and bids of 67 do not produoe the stock. Boston Water Power, 76 shares in one lot, sold at 64, snd the stock is scarce Bank shares continue to ad vance, and the demand is in exceae of the supply. Con cord and Montreal Mortgage 7's of 1870 advanced %, and are in request at 86%. Vermont Central 1st tell off to 36 %, which is the lowest point thece bonds ever sold ?t In January last? 8th to llth ? rome few transac tions were made at 37, but the price almost immediately advanced to 40, and on the 23d of the same month sales were made at 60. Rutland 2d Mortgage have touched 26, the lowest sinoe January, when they sold at 21 ; Og densburg 2d went for 24% at the second board Saturday, and could have been purchased at the same this morn ing. The lowest public sale of these bonds before was 26 X Jsn 19, but for nearly a year previous to that they had been thrown out of the board, for some Informality, and could have been purchased at one time for about 20. Capitalists should bear in mind that proposals for the bonds about to be issued by "he Virginia and Tennessee Rtilroad Company, for one million of dollars, will be re ceived at the office of A. H. Muller, E<q., No. 38 Wall Htreet, until Thursday, the 24th day of May hist. The receipts of this company for the month of April amount ed to $22,071 91, being an increase of about fifty per cent on those for the corresponding month last year. This was on 135 miles of road which has no important connection. Eighty- five miles of the road earcel last ?esr $168,929 74. This road ia, in its local resources and prospective business, one of the most important in the United Slates; and, in offering the $1,000,000 of bon<*a, a perfect confidence ia felt that in point of securi ty tbsy must be considered undoubted, and equal to any in the market. It Is a criterion in considering the value of railroad securitiea, that when the capital actually paid np, and judiciously expended, amounts to more than the fonded debt, and the location of the road ia good, the bonis are entitled to be looked to by capitalists with favor. In thia instance, these second mort gsge bonds stand in a position even more favora ble; for though the $1,000,000 obtained from the State stands as a part or the first lien of $1,600,000, it can scarcely be considered in the light of a funded debt to that extent, as it is gradually being diminished in an al most imperceptible manner, and in 34 years will be total y extinguished, without the company feeling it more ban what other companies are paying aa legal intereat. It may, therefore, more properly he considered aa a dona tion from the State; and, if viewed in that light, the first mortgage would beoome only $600,000; and when i he bond a now offered are aold, the whole funded debt would be only $1,600,000, payable in 20 and 30 years, beating an intereat of aix per cent per annum, to be pro vided for semi-annually, with the addition of one per cent per annum aa a sinking fund. It ia claimed for this company that the construction of no road haa been bet ter managed, or done with greater eoonomy. All the contracts were made at an early period, before the great rise in wsgea and materials took plaoe, and the prioea paid have been greatly below the caah prioea at the pre aent time. And further, no bond haa yet been iaaned by them below par, the present issue being the firat that they have offered publicly, and all that they oan be called on to dispose of at a discount. The stockholders have also adopted aa a line of policy to declare no divi dend, excepting It can be paid from a clear caah aurplua after the intereat and ainking fund have been provided for. Stock Exchange. runoAT, May 15, 1866. $1C00 NY 6's%, '61. 101 60 aba NY C RR b60 91% 100C0 111 In ImSk '47 94% 10 do 91V 1000a Virginia 6'a... 97 150 do b60 91V 3000 Missouri 6's. .. 91% 107 do s3 91 100? CaHfoT 7's '70. 90 60 Erie RR o 49 10060 Erie CnB'71.s3 81% 1123 do a3 49 2000 do s3 81% 300 do slO 49 lOf'O do s3 82 200 to b60 49tf 6000 Erie Bda >76.b3 87% 100 do e30 40 20CO do 87% 200 Harlem RR. ,bl5 28% MOO do b30 87% 100 Reading KR 87 * 20000 tU Cen RR Bda. 74% 650 do s3 87% 4000 111 Cn R Fr 'Id B 60% 200 do a60 87% 31 00 NY CenRRBs. 88% 200 do b60 87% 600 do 88% 200 do. b30 87 200t' NY Cen 7's ... 103% 300 do blO 87% 400 do 103 100 do b# 87% 1000 Chi'& R Is R Ba 96 100 do s30 87 y. 14C0 Clev&TolDivBs 76% 200 do c 87% 26 shs Bank N Y. .. 121 200 do 87% 28 Del & Hud Can Co 126% 600 atn 20 p c dep. 87 60 do 127 100 do b3 87% 6 Bank of Com. .. . Ill 200 do blO 88 16 do 111% 200 do s3 88 20 Metropolitan Bk. 109% 200 do sflO 88 16 do 110 200 do slO 88 20 Mechs Bk'g Asso 102 262 Hudson RR 39 22 Bank of N Am.. 104 50 do s3 38% 6 Market Bank ... . 108 200 do..... b60 39)/ 20 Atlantic Bank . . 80 25 Mich Cen RR. . s3 87 200 Nic Trans Co.bOO 16 100 M S & N I RR b3 101 K0 do 15% 20 Panama RR...S3 99 1 50 Climb Goal Co . s8 27% 60 do b30 99 100 do s3 27% 46 Sixth Ave RR... 60 ?0 do s3 27% 20 Oal & Chic RR. . . 93% 200 do a30 27 10 do 94 106 do. s8 27 100 Clev & Tol RR. , . 81% 100 do 27 80 Chic ft R la RR., 86% 60 do s3 26% 24 do 86 100 N Y Cent RR.b60 92 BXOOHD BOARD. $9000 Missouri 6'a . . 91% 50 aha MlchS&N Ia R 10C V 1000 Erie Con Ba '71 82% 62 do a3 101 1000 Pan Be 2d is. b3 99% 60 do 101 V 1500 III Cen RR Bs . 74% 5 do 101 ? 200 sha Cum CI Co.b3 26% 100 Reading RR at 60 88% 100 do b30 26% 6C0 do 88% 100 do 26% 600 do 88% 100 do alO 26% 500 do b30 88 2 60NlcTraneCo.... 14% 100 do s3 88k 160 N Y Central RR. 91% 200 do b60 88% 100 Erie RR b3 48% 260 do 88\ 400 do a3 48% 800 do b60 88% 100 do bSO 40 100 do s3 88? 100 Panama RR 97% CITY TRADE REPORT. Ti wdat May 15? fl P. M. Asmm. ? Pale* of BO bbU. war* made at old prioea. BB**DKn;m<.? Flour? Common and medium gradea closed at about 12 >;c. a 26c. per bbl decline. The aales footed up about 8,000 bbla. ? Included la which were con moa to ebolee State braada at $10 26 a 910 B0: Ot?b, Michigan, Indiana and Wl t conrln do., at 110 S6 a 910 68, with Kome lota extra Ohio at $11 76 a $12 60. Canadian (1 800 a 2 000 bbla.) were sold at $10 26 a $1076, (com mon to fancy extra. ) Southern (1,200 bbla.) at $11 8T a $12 60 for fancy and extra. The market waa in lea* aopply, ana price* were bettor sustained than orher da aeiiptluna. Meal? H00 bbla. New Jerary aold at $6 18. Kye flour waa quiet. Wheat waa quiet aad nominal. Orn declined from la. to 2c. par bunhel. The aalea reached about 26,000 buabtla, which opened at $1 10 a $117 for wliite and yellow, and cloaed at $1 14 a $1 1* for both aorta : and 6,000 bnahela war* no Id, to arrive in Aaguat, at $1 06. Kye waa aoarce and nominal. 4,000 bunhel* w<r* aold, to arrive, at p. t. Coma.? 400 bag* Rio aold at 10*<c.; 1,000 mata Java at 18SC ; 160 do. do at 14c.; 100 do Lagaayra at lOtfe^ f'00 co. do. at p t. ; .">0 do. Sa vanilla at l0){e., and 1,000 baga Rio were aold, by auction, at OJtfe. a 10^c., ave rage 9 0j-100e. Cottok. ? The pale* reached 8,000 to 4,000 balee, part In tranaitu. The quotation* ranged at about 10 Wc. for middllag upland*; 11% a 10>*c. for Florida'*; 10J< a lofcc. for Mobile, and lOVe. tor Hew Orleana and Texac. Fmioirra were ML a? ahippar* ware waiting for later foreign Dtw h bifoffl oolofc ^ Lifofpool, % bo tit 8(0 bale* of ootton wera engaged at 6-32d. a 31fld. To Londoa, 60 tona oil eake wete taken at 16a., and 30 balea far* at 26*. To Havre, cottcn and bone were at one half cent. There waa aotningr now to California. Fat it ?260 box** raiaina, M. R.'a, wem aold at $2 40 a %'i 4k; fire cane* citron at l#Ko- 2911 baakat* aweat oil a?M at 93 BO for quart*. ?at ? Mm of 500 Mm wan made it U3e. Lbad ?TV* salea embraced XtO tona SpanUh, aaid to have bMa at caah. KoLAaau ? U0 bbla. New Orleaaa ware aold at 29c. C laved Cuba wai last sold at 25 a 25>?e. if AVAL Ptobw.? Salea of 3/00 bbla. Wilmington roein ware made at 190e. per 310 lbe., delivered, and 100 apirita turpentine at 46c. IPl-BoviMom? Pork ? !%? market r.loaed Arm, with a feeling la favor of eellera About 600 bbla ware aold, wbicb included old meea, at $16 75, and new do., 917 75. with a amall lot reported at 917 $7, and $14 50 for aow prime. Beef wu firm and is good demand. Oat meat* were ia good requeat with an upward tendency In pricee. Laid waa firm, with aale* of 300 to 400 bbla. at 1$K a lOKe. Kick ? 100 cuka won aold at 6X a t)(e. The market waa doll. 8ncm? 8 caaea nutme|a ware aold at 97)fc., and 25 cams cassia it p. V SroAK.? The market wu more active, with aalea of about 1,000a 1,100 hhda., ehisflr Cuba, at 5)( a 5KC., She extreme range waa at 5 a #c.) ; and aboat 100 New Imbs were aold at 6X * ?>%??> aod 1C0 TexM at p. t. Tallow.? About lo.oOC lba. city rendered aold. at lljie.: Philadelphia wm held at 12e. , with aoma aalea reported at that. Sfuutb.? Withia a day or two, 100 pipea of Holland nd Swan gia were aold at $1 26. Whiskkt.? About 200 bbla. State were aold at 38 a 8kc. Iobacoo.? The market preMnted no new featm-M, Jirleea continued firm, with moderate aalea, and receipts ight. The Mlea were 82 bhda. Kentucky, 7Jf a 12)?c. ; 162 bales Havaaa, 24 a 25c. ; 99 balM Qhixa, p. t ; 203 : aaca aeed leaf, 0 a 14c. itfVRTBJUUUITS ftfittWBl KTKRY Bit. financial. ?1 nnn aaa bonds of tu vibgihia am ^l.UUU.UUU Teaaeaaee Bailroad Company. -Pro peaala will be received for the wbole or aay part ef the above iaeue n bonds. They are dated lat Job, 1804, and payable to bearer. In the city ot New Yort oa wie 30th June lHfit, with lntereat coupona attaehad, at tin rata of 0 pereewl per aaacm, payable aemi annually at tbe Beak of Amerioa, ea the lat ef January and July at eaoh year, ai d one half thai! amount convertible into tbe ateek of the eompaay at the on tion ef tbe holder. Theae bonda are taaeed unde* fall authority of the atockholdera, lor tbe purpeae ef flniskina and equipping the road, and they are aeeatad by a ? eeoad mortgage en 'be road, with all tbe real eatate. fixture* aad equipment a. tranoblaea, appnrtenaaeea ana privileges una taining thereto. The firat and prior mortgage ia fergl.StJMXH of whioh $1,(100,000 waa token by tbe State of Virginia, oa the following verv advantaceoua terma Six per aeat la tereat. and the principal to be liquidated by paymeata ana* ally of one per eent for thirty-tour yean, commencing an Ik lat of July. 1843. The remaining $000,000 ware aold at paa The capital of tbe company ia $3,000,000, three-flrtba at wmca ia held -by the State of Virginia, aad the whole aaountpaM In ia $3,975,100. The length .of the road, from the eitgrej Lynchburg to the Tenneaeee line, ia $04 milea, ef whieh IS are entirely finiabed and ia operation. The remaining aUty aine milea require only $290,000 to complete them, aad toe moutha labor ia only neoeaeary to put the entire road late fell operation. There baa been expended oa the road about $0,000,000 in eoaatructlon. rolling etoek and expensee, a auaa double the amount of both mortgagee, whioh together do not exeeed $13,0t(> per mile of road. The road torma a link la tkl ehain of roads wMeh are to beoome probably the moat Impor tant route in the Union, giving an almost straight line froa the Northern and Kaetern oitiea to thoae on tbe Gulf of Mexico and tbe Miaaiaaippl, ahortening the dlatanee mora than twe hundred milea; and thero ia nut oae mote link to be finiabed to afford a oontinueua railroad tranaoortatioa irom the city of Waahington to Montgomery, Alabama. But independent of the travel that will eome to It at a part ol the great Honth and North line, the Virginia and Tenneaeee Bttiroau baa a oertain local buaineea ot ita own, whieh ia eleariy aaoertained by tbe earninga of laat year, wMh only eighty five miiea open, ($103,039 7V,) aa being auftelent of to aelf to eupport the road. It paaaoa almoat ita whole length through a region abounding with a variety ot miaeraia at the moat valuable nature, eueh aa lead, eoal, iron, eopper. aalt and gypaum. all of whieh exlat i n great abuodanoe, whioh have been hitherto neglected, but whieh are that being deve loped bow that they oan be conveyed to market. In 'hort, the proapeeta of the road are moat flattering; ana rosleeee M it haa been by the State, and aupported generally by the people of Virginia, with to large a eaab capital aotaaMy pan in, it ia believed no aeourity haa been aaeently offered ot a bettor character. Tbe Company have agreed to aet apart one per oent. annually on the amount of their bonda rroaa the earninga of the r?ed, aa a finking fund to meet the pay ment of them at maturity: and tbe atookholdere have adopt ad aa a line of poliey, to deelaae ao dividend excepting from a caan surplus, alter the lntereat aad alaktng fund haw keen provided tor. Tbe 'terma oa which the aale will he made are 25 per eent. do b, .ea the balance 1b paymenta of 10 per cent, even thirtv day a till all paid. If the wbole amount ia paid at onee, lntereat to lat July to be allowed. The right of rajeae in* all er aay part of tbe bida ia reeorved, If deemed for tbe intereate o? tbe ComDanv to do eo. The bonda will ba lodged in bank, to be delivered whea the whole amount la paid. Full information will be given on all aubjecta oou neeted with the flnanotal affaire ef the Company, whieh eonld be derived bj partiea wishing to offer for the bonda, and documents and referencea obtained by applying te Adrian H. Unller. Baq , No. S8 Wall atreet, New York, t( whom offere muat be aeat, aeaied, and marked " Tender f? Bailroad Bonda," on or before the 34th day of May aext. JOHN BOBIN MoDANIEL, Piealdent Virginia and Tenneaaee Bailroad Oa Tbe Board af Directora are : HBNBT DAVIS, THOMAS L. PBEBTO*, GEORGE STUART, WM. T. ANDERSON, WILLIAM A. READ, Aad C. F. M. OABNETT la Chief Bngiaeet. I will receive aeaied propoeala for the above loan, whiet, will remain with me unopened till three o'clock P. M. ef Tbnraday the 24th day ef May next, to be then opened ii tin presence of the Preaident, or tome other autberiaed agent ef the eompany. ? ADRIAN H. MULLEB, 38 Wall atreet. New Terk. (th April, 1606. ?CKO C(V- MONEY TO LOAN ON DIA I UU uU moada, watehea, jowelery, aegare, piano fortea, merchandise and peraonal property, generally, (or bought for oaab); goodeity notea.atocks, bonda and mort gagee. Ao., negotiated, buaineea confidential and executed premptly at 78 Naaaeu atxeet, flrn floor, back offioo. FLORENCE A CO , Brokera. nnn -MONET TO loan on diamonds VUUU.UUU . watchee, Jewelry, dry goode, aegare, Ae. or bought tor eaah; city (took a, notes, mortgagee and MMi ef exchange negotiated. Busineea confidential aad prompt by THOMPSON A CO., brokera aad oommlaaion merobanta 102 Naaaau atreet, eorner of Aaa. room No. X aeeoad flee I tccn nnn T? loan-ob bought fob cash, JOuU.UuU diamonda watcbea Jewelry, aad every de scription of valuable property, by JOS. E. ISAAC, baaement office, 11 Cbambera atreet. Transactions airiitly eonfidential Office houra from 8 A. M. till 0 F. M. N. B.? Highest prloe ior gold aad silver. LOAN-ON UNDOUBTED PERSON aeenritier, diamonda, Jewela, or other valuablea, for abort perioda, in any required auma; or the eame bought at fair prioea, at the loan omoe, No. 247 Broad way, (up atairs,) eorner of Murray atreet, room No. 4. <J?1 CC AAA-PEBSONS WISHING TO NEGOTIAT1 tpi.aJU.UUU. loana, oraeU any valuable peraonal pro perty, eonaiating of diamonda, watohee, Jewelry, aegare, Ae., can be accommodated on reaaonable terma, by applying te FOBBUSH A JOHNSON, No. 107 Naasau atreet, entranea No. 29 Ann atreet, room a 4 aad S. N. B ?Baal eatate aaJea, loaaa and eommiaaiona generally attended to with prompt* neaa aad dlapatoh. All buaineea atrictly eonfidantlaL <cinn nnn ? loan on bond and mom t|)?UU.UUU gage, oa improved firat elaaa Brooklyn property, in auma to ault applioanto. $32,000 to inveat in the purchaae of mortgagea. Apply to CON LEY t HASKELL, Ne. 6 Hamilton avenue. $300,000 ? $15,000 <iQft ftftft -TO m>an on bond and mortgage, ijOU.UUv. in flu mi to euit applieanta, for a termor jeers, on real tititt in thie city or Brooklyn. Alio, $90,000, to purchase bonde and mortgagee on pro party la thia aity or Brooklyn. Apply to A. SERGEANT, la Wall itmt. *7 C nnn -nonet to lend, on bond and ?J) I U.UUU. mortgage, la MUM to euit applieanta, on first elaee productive real estate, in thii city or Brooklyn. Apply to S. S. BROAD, 13 Wall itraat, aaoond itory, front TOOD. ?7A nnn-TO m>an at seven per cent, on ?p I UA/UU bond and mortgage on improved or good un improved real eitavo in this city or Brooklyn, in earns from $1 ,000 to $1A,00(>. Alio $49,000 to invoet in the purchase of mortgage*. Apply to J, K. COOK. Jr.. No. 5 Wall street, office No. 11. ft nnn-T0 81 advanced on diamonds, VTU.UUv a atohee, jewelry , and other merchandise, in amaJl amount* or otbarwiaa. i artiea attended to at thai! own reaidenoee by appointment. All business strictly con fdeatiaL Apply to J. LYONS A CO., 598 Houston (treet, betwten Mercer and Groan. WANTED? TOR A TERM OF THREE . y?ari, at aeven per oeat, on flrit clan unim prored Brooklyn property, worth oyer doable the amount Aodreia P. L., Herald offioe. ?1 ft ftftft WANTED? FOR FIVE YEARS, AT SIX ViUiUuU percent, on bond and mortgage on Drat Clare iroperty near Madieoa square, worth over twioa tha amount. Address box 278, Chatham square Post Office. (JO fkftft -A GENTLEMAN WISnES THIS fO.vvUi amount oa a honae and lot, worth itouhla the amount, aad free of inoumbranaa. Address M. C. A., H> raid office. ftftft -MONEY TO LOAN. FROM $0 TO $6,0011, JO.UllU. on all kinds of diamonds and jewelry, or bought for eaah. We offer great inducements to perrons la waat of money m to liMrallty. Call at J. H. ROBINSON A CO-'S, 212 Broadway, eoraac of Fulton (treet, office 14. <t/i ftftft? T0 LOAN 0li ?I*?T CLASS CITY OR Jt.UUv Brooklyn property. Also farms wanted la exebsnge for eity property. VCNSCOMB A MoMILLEN, 111 Broadway, room No 9, drat floor, Trinity Ballting. AO C/lft TO $4,000 TO LOAN ON BOND AND MORT ^O.UuU gaga on first class improved otty property; It muat be a Brat mortgage. Apply at 127 Riviagton street, from 4 to ? o'clock. AO nnft T? tOAN UPON IMPROVED CITY PRO fO.Ul/U party, for a term of yaarr. Tha property n>ust be worth double the sum loaned. Apply ta JAMES PRICE, w5 Hodson street. O ftftft PAWN 1ICUTS WANTED? ON ALL KINDS Z.UUU af property. Apply at 3bi Grand street, rear room, seoond floor, J. PYEEfS office. ?AAA TO $100,000 CAN BE OBTAINED FOR ?UUU a mall iavaatment. For further Information addreaa A. M. ORBOGMR A CO.. Bankers No. SSS North Gay at.. Poat uffloe box No. 210, Baltimore, Md. A LOAN ? WANTBD, $2),?*>. FOR TEN YEARS, ON Improved property in the city ?f Cincinnati, the ground teiag worth $3&.0") without the Improvements Undoubted relereaca given in regard to the value of the property. Ac. Refer to WM R. MORTON, 146 Pearl itreot, at th? office at Frost A Forrest. riASH ADVANCED TN ANY AMOCNT, OR PCKCHAS \J ed at sight, diamonds, watches, rich Jewelry, merchan diaa, aad valuable pereona! property generally. R. W?oB, ?9 Fnltoa street, aaooad floor, Croat room, from ?A. EM IP. M. Money liberally advanceb By P1CARES, BERNSTEIN A PHILLIPS, auc tioneers. A! Liberty street, rne door from Nassau, on stookii. vessels real estate, fornitnre, piotuiee, merchandise, Ae? eft with ui for sale. Money to loan-persons requiring tbm porary advances on real eitate, diamonds, Plata, watches. Jewelry, pianofortes, dry goods, horeea, carriages, aad every description of peraanal property, promptly ac commodated t<y the Empire Loan and Aaency Gompany, SU Broadway, opposite tha Broadway tbaatra. Removed from 321. C. WILLS. a?eut. Railway acceptances and business papbb fcr sal j, by JOHN B. MURRAY. 44 Wall itreaa, over Baak of North America. Cash loan! upon bank, rail way, aad lira insurance stocks, boada and aotaa. Advance* apon flour, grain, iron, provision*, aad other merchandise sad ?a finals at sea aid in pork. VDUKul CAR?i1NA 81 f ?*E CENT STATE STOCK ?Treasury BBS K C., AnrU ih, " proposals will be reoeired II i hit oBu until 1$ o A M , ef tha Slit May next, (tor the nt?toM of lk? foil**! lug bonds. to be issued by the State of North Carolina, 3 ?till of (1 m ?ch, to wit: fftj.GU) ruaahg * hearing interest ^aU dote trom tha 1st J aauary. I860. ' Alto, $15,(00 rwhoing thirty Jl?rl, lit? trom the Brit April, 1845. Alto, SfiU.UOO running tan yearg, ud bearing tot wt i late from tho Drat January, 196ft. All of them are exempt, from taxation hy Itv. They will all nate coupons attached fo* the iaterect. afl fix per eeot per ana am, parable semi-aanaally; aad botlfl the principal and interest wttl ho payable at the teak efl the Republic, New York anient where the purchaser to have them paid at the Treasnry -of tho State. Parties bidding, will please address their letter*, endorsed " Proposals for North Carolina Stocks," to the undersigned, ?t Raleigh, W . C. The bids will be opened at 10 o'clock, A.M., tho Jlst Maf next, la the p*e sense oi the Governor. Secretary, and Comp troller of State, and the President of the Bank of tho StMo. Tho undersigned reserves the right of accepting sneh bids, 1b whole or in part, as he may doom moot advantageous to to the State. ^ ^ Saecestful bidders will be required as toea as hat the aoetptanoe of their bide, to deposit is bans the with the scorned interest from the date of the bond, to the credit of the Treasurer of the State. This deposit may be made in the Bank of the RepnbUo, at Wow York; the Bank of the State or North Carolina, or the Bank of Cape Teat. Raleigh, N. C. Dnonmenta showing the resources of the State and the amount of its indebtedness may be had at this odee, or ea application to Messrs. Brown A Do Rossett. N. Y. _ D. W. COURTS. Public Treasurer of North OnrolhU. 4 TO TBI STOCKHOLDERS OF TBI NEW YORK ANdI New Bares Railroad Company:? I Gertlxmen? In answer to inquiries from some of youel number, we take the liberty of addressing you upon the sub-l jset of tbs leases made to your oempany by the Canal Rail -I road Company, Our first lease is oalled the "Qrand street! Lease. " It is a perpetual leato of all the Canal Company 'i property from Long Wharf through tho city to Grand street including all lots and four acres ox laud, between tho wharf! and Water street, thus giving the New York aad Now Havewl Company their present aafe and admirable location through! the city, together with ample depot ground-? and all fori J.'i .MNi per annum, which Das sinoe been oommutod fori MO.OuiS per cent bonds. Br this lease you obtained foer $50,000 a property which was always estimated by Mr. Sehuy-L ler to be worth $?00,0> u, and which would new be estimated! by those acquainted with its value at a mueh higher sum.! Our second lease is oallsd the "Plaiurille I. ease." Thai leate of the Canal Road to PlainviUe was sxee nted in 181871 By this lease the New York and New Baron Company first to pay themselves, out of the earnings, 831,000 pa num. for operating the road (27 miles); nest, to pay $45,00# half yearly, to the Canal Road; and tnoa to divide annually the excels oyer $75.WK>, two thirds to themselves, aad ono tbiid to the Csnal Road. You cannot complain of this lease, for you ha*e already made moaey out or it, and will continue to make more and mora. Its sarnings are now abont $86, 00C, which should pay your oempany an annual profit of $10,000. and the earnings are fast inor easing. But if you do oom plain of it, the fault is your swa? sinoe tome eisht months after its date, our company made application for its surrender In the following letter: ? Okhck or txi New Havew ahd NonmAWPTOH Co., ] Nrw Haver, Sspt, 13, 1848. i of the New - j To the Preiidenk and Direotors of the Saw York and hswfl Hsven Railroad Company:? Gentlemen? As the principal) object of the leases ot the railroad of this company, scour iita cheap and favorable loeation of your road through this city, ieems n< w to be accomplished, 1 am directed to state that this company will accept a surrender ot on* from Grand strset to Pfainvills, ana release your oompany from all its conditions and stipulations, aad purchase all thi equipmente at oost, ressrving to oursslvas our traok through tbs city from Grand meet to our wharf and basin property, and the joint use of the passage and freight depot, angina house, Ac , the same as under the lease. Signed, J. E. SHEFFIELD, President. There were other proposals in the same letter, l which were accepted. Oor third lesse is called the "Extension Lease," aad it iJ this which is complained of. The following statement oil tacts will show you where the blame, if there is any, is tol be placed : I During the ycer 1848, we were enraged in extending onil road from PlainviUe in two directions,? towards Colli nsT ville, and towards tne Wester* road. In September of than year, we reoeived apropoaul from your oompany to nego tiate lor a lease of our road, as far as It was built towardi Colllssville, on the condition that we would stop it where ii was. That proposal we dccllntd. Why the directorship o yonr company should w ah to stop a road, the extension o which would only increase the valusof your PlainviUe lease we leave to the decision or those who are aonnatnted wittf tie location ot the Naupatuck road Meanwhile, w* wera pushing forward our road towards the Western Road, when in January, 1849, we received another proposal from you: compary to negotiate the terms ot a leate oi our road, whei it should be completed to the Westsru Road. Wo a*..t?fl to it. The terms were a, reed upon. A memorandum, em bodying the terms of the proposed lease was made aad signet by tie presidents of the two companler. Tho road was to bJ finisbeo in one year. We redoubled our efforts, and as a char ter wss to be obtained for the few miles of road which would be in Maisachuietts. we joined with y ou in makiog and pros sing our application for suoh charter, in wbien we wert powerfully opposed by the Hartford ud New Haven Rail road Company, and other rival interests. While wo wort thus actinr together under a mutual agreement, in our of forts to obtain a charter, so that the road might be ooaplete<E within the year, the" then directorship of your eompanyl without onr knowledge, snd concealed from us, entered lnt<fl negotiations with the liartford and New Haven Company ooenly withdrew all co operation with us before the Maasa cbuietts l egislature, (by which we Called to obtain our ohar ter.) and thus virtually betrayed our interests into the hands of our rivals ? a breach of faith whloh we believe to bo un] paralleled in railroad aegotiations. But though defeated, we preaaed forward our road, and 1: the winter of 1849-50 made another application for a charte in Massachusetts, but in December of 1849 we again re ceived from ) cur oompany a proposal to negotiate for a lea* ot onr road as far as it wai completed towarda the Western Road, on the baiis ot an annual rent of $40,000 tor onr roa< and a portion of out basin property, with the condition tha we should itop our road where it was. This we declined But, acaln, on the 5th or February, wo received another pro posal from your company to negotiate, with a notice tha you bad appointed a committee for this purpose. To this proposal we as ented, and your company, after'' negotiation of many weeks, (In connection, as now appear! by the printed documenta, with the New Haven aad Hart! ford ro".J, ) finally ohtuioe], on their own terma and at thelw own original offer, a lease ot our extension road. Of th" tbree proposals to leate our road above PlainviUe ovary on rime from your compary ? two were rejected by ne, aad th< third acquteaeed in with reluetanee, and only accepted bd causs our eflorts to complete our road had been so mncB crippled by the powerful opposition of the Hartford eoml pany. * Oentlemen stockholders, this lease is a bAvy burden ~_ you, but y ou cannot comclain that our company has place! this burden npon ycu. You proposed it yourselves, and vo? dictated its terms. Moreover, the then directorship madi the lesse with the expectation and the intention of loslnl money by it. Ihey expected it, for they made provision! with our rivals to hear their proportion of the lost. The! intendea to lose money by It, for they immediately stoppel the road at Graabv, brought back to New Haven the rails ties and apikes, which were on the ground to complete in and divided them equally with the Hartford oompany? thu turning off buslneaa which appropriately belonged to thl road, and necessarily making the lease an expense to then| In other words, they asreed to pay $28,000 a year the Hartford roadjit necessary, in order to stop a nv road from reaching its proper termination? a lo; which we presnme they oonaidercd was made up to them i| some way, we know not how, by that road But there il another reason why you cannot Justly eomplain of we? thai even now.^f ^ou will brinp upon tne Canal road all th| business wliich properly belongs to it? If you wUl ? the road to PlainviUe. according to the terms of the leasfl " to as fairly to develop its resources and to produce ther from the greateat amount of net earnings." (which, howeve yon are debarred from doing by your contract with the Hatl ford ctmpany)? you need suffer no loss from this lease. YoJ only lose money because you have entered into a eontraofl which compels you U- arive business from it. A road hsl during the past year been conatruetad by other companie] from the termination of the canal road at Granby, tc Weal field, Mass , and the same is partly buUt and will deubtlea toon be ermpleted to Northampton. Your oompany nof operate thia road to Weatfleld; and if your engagements " tbe Hartford road will allow you to oontiaue your traiaa Northampton, and to bring to the road all the business thai may by proper efforts and connections be brought upon if the " extensiou lease" will ceass to be ? tax upon your oou" jtaty, and tha "PlainviUe lease" will be to yonasonroet ^Gentlemen, it has been said that vour company is died" with a bnrder some lease; it this is so, the "saddle| has not been plaeed ug on you by our company. The New Haven A Northampton Company, by WILLIAM JOHNSON, President. 0 CAPITALISTS.? TOE FOX AND WISCONSIN III vument Company offer to capitalist* for investmen remaining hallof their a per east bonds, (1280,000, vrJ rro Ci the rcn able February 1, 1883, interest ?eml annually, at tbo of Vorth America, city of New York These bond* are cured by a first mnrU*K* upon land* worth, at a low Tab tion, more than double the amount; alto upon the impro nn-nt itielf, together with it* proceed), water power, J Inquire at tho office of tbo oompany ,14 wall itnei mo CAPITALISTS.? FROM MOO TO $8,000 CAN A Inveated In a business by whloh a largo profit oan 1 realised. None but prinolpali need anrwer. Addrtai H. box 127 Hotald office. TXrANTED? tl,C00 ON BOND AND MORTGAGE ' ? on lot and houiM, in the belt part of the *ity. Addrefl T. V., Poit Office. EXTRA PAY. Bounty land-pensions, passports, soi dlers, lailort, widowa and mlneri of stme, ilnoo 1771 oail for speedy action on olaims. Special car* given to oi before the U. 8. Court of Claim*. WM. Q RAN BIN, Not and Counaollor, 79 Nassau street, room 10. Nmavy BOUNTY LAND AND "RXTRA PAY" OPPICR ? ?Bounty lands and "ottra pay" for U. 8. Navy sailoifl Te , hi all wan since 1700? their widows and heir#? prompt? obtained and pal A . I Balance* due widows and heirs of daoeaoed U. 8. saileR and other*, collected, and all kind* of *lalm* anhst ?? United States reoovtced by BDWARD tf IS* RLL, ? Agent and letel PnnorlU. 8. Nary. <7 Wall itrMtl PROPOSALS. ORALRD PROPOSALS WILL BR RRCRIYRD BY TH| O OoTernor* of the Alm*hou*e, at their offioo, Rot Park, until 1 o'clock P. M. of the 21st day of Hay waxi fnrnUhing and delivering on Blaokwelr* Island, lam| * lately, the following da scribed white pine lnmbor. Tfl Governor* reserve to themselves the right ot rejecting ul and nM offer* not deemed by thorn advantageous to tho dl partment;? ISO, COO feet bed box board*, 14 and 10 toot loafl 14 and M incboa wide; SO. 000 feet boat box boards; 00,000 foR X Inch beat box board*; 2B,000 foot *ala*t box board! .1,(00 plcoe board*; 10,000 feet lK inch good plank: 10,000 teR 3 Inch good plank: 10.000 foot 1W inch eiear plank; S.oR feet 1)4 clear plank; 10.000 foot 2 inch clear plaak; SOR arupseu IV inch plank: 3.000 drassod boards; 5 #00 IK InR spruce plank; 2,000 2 it, oh spruce plank; 2,0003 x 4 Iwh hemlock Joint; 2,00V wall (trip*. TO BR1DOE BUILDER?? PROPOSALS _ WILL received at the offloo of the subaortkors, No. S Nm St., N. York, until the 2Wh day of Ma* init., for tho mat rials for, and the ooifstruo'ton of a brl<lr* or one spaa, 1 feet lietwxon abutments, 17 foot wide, and U Itet ni h in tl ci**r, over the i'a*stic River, at Pnt?r*on, New J*rney, bc*r the test oi 10 to SI ton* whoa finished, and to bo cot pic ted on or beforo the 16th day of July na*^ Tho propoaa must l. accompanied by the CLOTHBVO* RC< A LARGE QUANTITY OF CAST OFF CLOTMIJ wanted.- Oentlcmon having the *ams to di*po*oof ?u receive the highest prtco tor them by oalling or addmssii John Murphy, 12i Na*sau ?*.. taaomont. C^ASrOFF CIOTHINO ? A LARQR QUANTItta wanted; tho highest B'ioe given, and oash paid in euR rent money. Gentlemen having good ?uperfiaou* olothM to di*i-o*e ot. ean obtain the tall value by calling on or >R dressing J A MRS MORuNET, 11 Baxter street, (late OraagR off Chatham. R GLOTHINO AND FURNITURE WANTED? LADli or sentlomen hnviogany to dispose of, can obtain a f cash price lor the same by sending for tho suhscrib through the I'o*t tiffloo or otherwise, at his residence. B ?Ladies attended to by Mr*. C. II. & COHEN, Ml street. CLOTHING AND FURNITURE nBtTOHT rOR rafrv? also stock and taney rood* of all descriptions, oil palfl inr* Jewelry and precions (tones. Please addressX. ? X UBTELDORP, 13 llm stroot. Ladle* attended by Kg*. ?