The New York Times from New York, New York on January 4, 1860 · Page 11
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The New York Times from New York, New York · Page 11

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Wednesday, January 4, 1860
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.V l 1 "'I A : 1 4 1 4: I r .11 I. : I i Ok jraECITXGOyEIUIENT. Orcwnlxnlion of tn Common 'I : f - : Council for 18CO. k a . f IXXESSACE OF JJIAYOll WOOD. S-Jf ......... -. J , jrEOGEAMMK . OF THE- NEW REGIHE.S: ; ' d ' f J " v jnBUwwnmBBBBsunnssan - -V. , -f i The Boerd of AVlermen met at noon cm Monday, t-aal without any time lost effected en rganlxation. 5AI1 the member were pretest. Alderman Boeu moved that Alderman Cnn be - Chairman pre fcas., and the motion wm carried. - iimiii the roll was called, Aldermaa Boeu r -moved that Aldermaa Pncx be chosen President by -acclamation, end upon that motion called for the are and noes. ' -. , Aldermaa' Cobb six moved aa an amendment that 'Alderman Pick be . declared President by ecclataa- Uon. ,. .- .. .- -- ' ' The question waa pot to vote, and Alderman r waa unanimously elected. - i Alderman Smith moved that D. T. Vaiihttwi be --elected Clerk, tat tmmediatelr withdraw the motion and gave way e -' ' "': Alderman Ceawaix, who moved that a Committee of three be appointed to conduct Alderman Pick to the -Cbatr., f ' ' .. ' The motion waa earrled, and Aldermen Coursu, Soeu and STaaa were destgaated.. :, '. ' Alderman Part on taking the Chair addressed the Board aa follow . . Oimim o van' Boab er AuiEirxa-: Tour call -ever the deliberation of a Body whoso orltin dates " with the foundation of the City Government i an honor for which I can but deeply feel grateful. It Is especially arabie, a I find the voices of my asso-- ciatM of the last year, of all political BenUmeats, . joined wlih those of the new members of the Board la this nattering expression of confidence. Aawe.to-day, gird ourselves for the discharge of The duties la toat part of the government of the City that we have assumed, it is not possible to escape the ' conviction that all the tgn of the times indicate that -our brief term Is one filled with serious responsibilities respecting our own domestic affairs, as well as those that oscrntro whole nation. " The City of New-York, the great mart of the com amerce of the Western Hemisphere, receives over the ways of the ocean the products of the Old World, in. oj im uouiana roaaa over ine laau, accepts in -svachaage those of the New. iler existence 1 In an activity only Insured by the maintenance among her people of sentiments and opinjcns in harmony with the rights and intereste of all portions of the Coafede- racy. It la undeniable that this City 1 constantly .acquiring a more metropolitan character and position. - Ita relatione to the whole -.continent are strengthening its resident popelatioa well repre- seats all nations of influi nee in the world at this day. : Its newspaper press, its facilities nf travel and traffic, its educational Institutions all indicate this City as a great centre of a system that, ramifying the whole ..country, thrills at any assault at any one of its ex- treamiiiee. It wta be ear part so to legislate that population, commerce, trade and . manufactures may f nl here resort, sectuiy and prosperity. Besides this, gentlemen, we have a duty to our own people, a do-aneetio duty to add to the seen rlty of life and property In the preservation of the public health. In the maia-ieaaaceofour splendid and numerous charities, in nhe extension of our noble aqueduct and reservoirs, in the completion of that great central public pleasure I ground, that, rising like magic, elicits universal ap-; probation; in furnishing additional facilities forfshtp-ping, and In securing those conveniences that area part ef every day 'a life, and that renders this City so . Aestrable and attractive a place of residence. . I do not forget that the burden of taxation is very heavy, nor do 1 cease to nope for the remission, yet it , is apparent that ths necessity of a city that annually -add to Its population sixty thousand souls, and that la passing through a phase of its existence, in which the general sentiment calls for a class of convent-eaees, adornment and comforts for every individual, without parallel, cannot be supplied without a '.free amount ef taxation that is formidable. You, gentlemen, can do much toward securing, by proper ordinances, a faithful application of the means atyoar disposal, end to deserve the approbation of -oar common constituents. In this I trust we shall all labor together, snd while I shall have occasion for your aid la rendering the progress of the business of - the Board orderly and correct, I shall aim to discharge the duties ef the chair with entire impartiality -and with reference to the public interest. ... " Alaerman Ssaoust moved that Divm T. Tiinmn -be elected Clerk of the Common Council by acclamation. - It waa carried unanimously, and Mr. VAixjrruts waa declared duty elected. On motion of Alderman Coamx, Patxici Gaixa- l j, aaain. luiasiAOualy Alderman Gmf presented the protest of Prria HiroaxLL, (Tammany Democrat), against the declaration of the Canvassers, that Jons RcaaaiL, . (Mosart Hall 'Democrat,' was duly elected Alderman froaa the; Eighth JUdermaale District. Mr. Mncmxu. claims that through fraud conaived at by the itaspectors ' and canvassers la the various districts, he was returned as a defeated candidate, and Mr. Rtsasu. aa the successful one, when In point -f fact the result of the election wa just the reverse, lie therefore eontesta Mr. Rvssau's seat. - Alderman Gam gave notice that he should, at an cax. da.y, BDove the appointment of a special Com-xoittee to investigate the matter. On avotloa of Alderman Tvonar, a Committee, eon-s4stts of himself. Aldermen Haasx and St as a, was appo'ated to inform the Mayor of the organisation of the Board : and on motion of Alderman Coaxxu, Aldermen Ceaasu, Piatt and DAxaAsa were appointed to convey the same intelligence to the Board of Conncllnoen. . ' ; - - . ! Alderman liaAST snored that the roles governing the last Board govern this Board until otherwise ordered. It was carried. i L Alderman TreaxsT, from the Committee appointed to wait oa the Mayer, reported that the Mayor would - aend a cosamuaicatlon to the Board in a few no jneatSi ' - Alderman Coxxxix, from the Committee appointed to wait upon the Councllmen, reported that that .' Beard was not yet organised. r . - The President announced the reappolatment of Bxxbt Moaroan as Reader of the Board. - . . Alderman TneaaT here moved that the Board adjourn, but being reminded that the Mayor's Message was not yet received, he withdrew the motion. Alderman Baae move! that special Committee on the Tax Levy be appointed, tie enlarged upon the necessity of having the items of . the bud ret carefully examined by such a Committee, which, 11 necessary, . should go, to Albany and prepare the estimates on- derstandingly. Hi remarks were cut abort by the - appearance of Mr. George P. Thompson, with the Mrors Message. ; ' . -The President announced a Message from the If ayor," and the Reader commenced to read it. After he bad read a brief portion ef It, " ' ' : Alderman Gxaat moved, as the message was long - and members were anxious to get away, that the . reading be suspended, and 1,000 copies of the docu- - ment be printed. - - . - Alderman Sbasxist moved aa an amendment that . 8,000 copies be printed. -r . " Alderman Gsnsv thought 1H0 copies was enough. Alderman Tuoaxr Let's commence well ; a toou- a umu Riictml amendment was rejected, and Alderman Osmt motion prevailed. . The . Major's Message . la , published Jn another : . column. " . r t ' -. The President announced the reception of the Anv v sua! Report of the C rot on Aqueduct Department for lBM.aadof the quarterly Report of the Street Com--mlssioaar or the last three months. - It was directed that they be printed. - m " , ; , Ahdeiman Troaxr urged the appointment of a Special Committee on the Tax Levy, but at the re- ejueat of Alderman Boolx, withdrew a motion in favor of it whica he had made. ' " ; " '.' After one or two unsuccessful motions for an ad- 'AldsrDaa Csasxtx stated that It was not probable mi. iaiwilmca won Id soon orranlxa. and The Board adjourned to Monday next, at P.M. - iTH B BOARD OP COTXCILMEX" rjtrCTiojr bxxtxo no osaajriXATiov. Tho Beard of Councilman for 1880 met at noon on .'Honda for the nurnoee of orraalxation. Mr. Cauaua P. MoCiaMAoaAjr, the Clerk, called the members to order, and requested them to take their eats as stair names were called.- The following ;aiweredi. fl.:-.-f-X- v.;. ' Harris Bogert A Morgan Jones, - . . ' Joseph Shannon , Jamee Barna, . -? i - John Hoc an, . : . John ttauicn. Fred Tvoliwac m. Jr. Edward CosteQo. '-' - John McConnell, - -Thomas O. Hall," ,' 8amuel T. Munson, Alexander L. thaw,'. John Tan Ttne, : Josenh L. PerleT. Lawrence M. Tan Wart,' Cornelius W. Camp&eil, John Baker.; - - . r.- Charles N. Deeker, ;-l Daniel Towwnd, a Jonathan T. Trotter.' Pierre v. naae, Ira A. Allen. 5 - , Chsrles McCarty. - a Charles C, Plnckney, Councilman II iu moved that Councilman Pivcx- nritkiilA Chair. ' " CouacUmaa J as xs moved that ConnciTman SaAW be .iiabetttated .'..--.v - :.-.',-- V The amendment was canjed by a rote of 13 to 7, -auvl the resolution waeadepted. - 5 ' -' - Tho Clerk -appointee CoanN-Umeww TaYTnta and 'Teiraaana a Committee to conduct the President see Am. to tho Chair. i - i k At this joaotare a Committee from tho Board of Al- dermea entered, and announced that the Board of Aldermen tad orxanlxed and were ready to proceed to itsiisa. ..!, , moved to to elect a -JVtiif t- Carried- The preoUeat are teas, appointed Msgsra. Bactoi ndiUu. Tellers. ; . It ws then s greed that tie election ahauld be by shallot.""" f . , f , ? .' ,;; t:-ji- CeoacCxna llcxsog nominated Councnman , Tan Tmn. .. :. , - - Coonc!-ra lIcCeiTtxi' jjomlnated CotxacCmam .wevae." " - Coaneflman-Piwxanr nominated : CousxCmaa Vv kilo tr.nit trot. waa taVoea the CnertX appeared m the room and nerved each of the as sea boS with aa lfi,cttea. Issued ty Judge Wrtbt, of the aopreme Court, aaateet paaabag tho New-York and Yosiker IUioa4 resaiaUosw- i Tbe ars baiiot r"lted a fotiow; Tn Tme ;.f. ... . J Joea..t;;",.'.i .V.-,V--' i Allen...... ... V.. "-,''' "' :- Total. . '..'. Kereesary to a ehoteo. i ............ 13 Another ballot waa taken, with the Same result, end tbea the Board adjourned to 5 P.M. oa Thursday, without having effected an organisation. .''''-"MaVoi"Wooi JrfJBSSAGB. ' ; , -: -. : ' . r , j . Maroa'a Orncn, Jan. 3, I'M. To fas i7eaerefr Cwnww Ceaactf ; GtaTLXMiw: To you baa been Intrusted the legislative department of the City Government. I'nder the restrictions of the Charter you are required to pass such ordinances and municipal regulations as will provide for tho better Improvement, protection, comfort and health of the City. I hope you will appreciate the high character of these trusts. - The official position you hold toward the people of a city so distinguished aa this should enlarge tlte comprehension of your duties, and enable you to perform them with a stern fidelity and a jost pride. If New-York Is the first city of the Western World, her local government should be made to approximate, la a degree at least, to that prnlnence. Iler rulers, to truly r present her people, should imitate them la eater-prise, integrity and Intelligence, j Of late years the tendency has been In an opposite' direction. As she has grown great and powerful, her municipal government appears te have become the moie demoralized and enfeebled. This should not be. Let us jointly endeavor to introduce a more elevated public spirit to act aa If we were proud of our position, ai.d had no other objects to attain than those which will redound to the honor, Interest and prosperity of tho Metropolis, whose people we represent. The Charter clothes the two Boards of the Common Council with ample authority in 1 which to perform these iegtxlstive iiiftetiofj. There has been no improper curtailment of noressary powers. If their duties are not iaithfuUy performed the responsibility lies with yourselves. 1 1 egret that so far as the Executive power Is concerned it has not been concentrated and defined as the legislative has been in your hands. While the Common Council, with the Mayor, can enact an ordlnance.tbe administrative authority is not thus defined. This is diffused and uncertain. ItU Olareminated among several independent departments. There is no general head j there is no Coief Executive. Instead of one, there are eight coordinate Executives, separate and independent of each other, the Mayor having no supervisory control. There departments constitute the whole administrative muni cipal government of the Corporation. They are the Finance, the Law, the Police, the Alms House, the Public Education, the Croton, the Streets, the City Inspector's, and the Supervisors. I propose briefly to allude to the duties and perogatives of each. TBS riKAHCZ. This department is under the jurisdiction of the Comptroller, who is elected by the people. It has entile and exclusive cnarre of all matters appertaining to the fiscal aflalrs of the Corporation. Under the Charter, and by special acts of the Legislature, the monetary interests have been concentrated here. The Mayor, therefore, being without authority, can in no way be made responsible for its administration. It may not be out ot place to say that there Is a general confidence in its present management. IHI LAW. The head of this department is elected by the people, and Is not responsible to the Mayor or any other public officer. The Mayor baa not the least supervision or control over anything appertaining to iu In this department are two bureaux the Public Administrator's and the Corporation Attorney's, the latter having charge of exactlnr penalties for street incumbrances, and through whose Agency aione this common abuse can be abated. If, therefore, this class of violators of the city ordinances are not punished, the fault lies with the Corporation Attorney and not with the Mayor. It. is fortunate for the people of New-York that the office of Counsel to the Corporation has been conferred upon a gentleman so well qualified in all respects as the present incumbent. TBI POLICX. The Police Department is also independent By the Metropolitan Police act, passed April, 1867, this branch of the public service was placed under the direction of Commissioners appointed by the Governor snd Senate. The Police authority, which, from the original incorporation of the City, had been vested in the Mayor, was transferred to this Board, and the executive control given to the General Superintendent of Police. The Chief Magistrate, by this act, is deprived of Police authority. However grossly the laws are violated, or the lives, peace and property of the community endangered, he cannot, without an illegal Interference, offer physical police resistance. Even though a riot should be excited in our midst, he could do no more to quell it than any other citizen. The official authority to do so has been taken from him and transferred to a subordinate officer appointed by the Board of Metropolitan Police Commissiooers. It has already heea hold by a Jodc- of tsm Saperior Court, that, tnougn too peace or ine oiiy anouiu ne threatened by riot, the Mayor eouid not head the Police for purposes of prevention. It is true the Mayor is tx-oHcuj a member of the Board of Police, but this does not give him executive police power, nor is he a Police Commissioner, In disbursements this Board is independent of the Cor poration. It draws and expends the sums appro priated I or it use witnoui caeca or accounianiiuy. Its Treasurer receives the sums in gross set apart for its expenditure, and there Is no auditing required outside of the Board itself. The appropriatiaas on Police account for the last tea years have been as follows: 1850...... $492,000 1M1 610,000 1752 &40.000 1633......'. 615.900 18M" under the Police Act of 1853.. 072,715 1655 under the Police Act of 1853 619,400 1858 under the Police Act of 1653 82500 1657 under the Police Art of 1653 625.500 1658 under Metropolitan Police Act of 1657.. 68H.MH 1659 under Metropolitan Police Act of 1857.. 1 ,201,992 By the ratio of expenditure for the past year, which is far less than it will be, the cost of the Police for ten years will amount to between twelve and thirteen millions of dollars. It will, therefore, appear that, however great the expenditures or mismanagement of the Police, the Mayor is not responsible, and hence should not be held accountable for iu expenses nor tho offences against persons and property which are continually being perpetrated. lie has been deprived of the force by which to prevent or punish crime. Having lost both the legal power and the material aid, he should bo relieved from the responsibility. ', THI ALM8HOD8B. This department is also absolute. It is governed by Governors who exercise an undivided authority. Elected by the people it acknowledges no other master, and so vaguely and indefinitely has this liability been construed, that tt finds no difficulty ia avoiding air responsibility, r This Department ha charge o? the public chariuea. The Board draws in gross the -immense sum expended, for which it renders no accounts, and about which the Mayor, the Comptroller or the Common Council know nothing. - Iu affairs are conducted like those of every other close corporation. The Board of Governors appear to be the only parties conversant with the mysterious workings of fta tntida direction. The following sums have been appropriated for it during the laat ten year lS0... ..$400,000 1855... 613,450 1651 ; X80,vuu iw.. IKS. . 390.000 1657.. . 925.000 . 643,600 . . 005,000 . 760,250 165s...... ........ m,uw iojs. ....... I6S4 ..... . .... . ... 427,000. 1850 . . ...... Total for ten year ; Here is an enormous (tie of New-York have $5,749,500 aggregate for which the poo- received little subatantiaire- turn. It 1 estimated tv competent judges was tne public charities of this City could bo nsace better diseased for about tWOflOO per annum, and tf suitable employment were provided for tho able-bodied pauper imposed upon the ' City, and a diminution of many of the unnecessary employee made, this sum could be reduced still lower. . If the Legislature shall mMri mr Charter, this depart meat should be ma terially liberalised, and be placed altogether under municipal gohuum i ' - THS FCBUC KDCCanOX ; This Important department 1 under the direction of the Board of jsuocauoa. a mi toot bm wuuw m uw Mi intaiMii of tho dubUc schools. It members L sleeted by the people, and are responsible to no other power. In tho several Wards, there are also ioeal School Beards, which In many reelect are independent of the Board of Education. - Thus the xya-teni 1 complex and intricate, waatlng simplicity, .hhv nd nnifnrmltv. This decentralization can sea ..uun Mtiava of moxter and much confusion ia tho Ward school management. It 1 due, however. to t" who have bad the administration of the affairs of tho Board of Education, or to the system aa defective aa It may be, to say that publia education ttaa nourished In this City. . Our commoa schools are tho nurseries of intelligence and virtue, and have done much to elevate u ruing gaaerauen, . The Free Academy la dlsiiniuislxed aa being the boat collegiate institution in the country, where a thorough aaleersltr education : can be obtained. Including the highest branches. There are in all about two hundred and elgkty organized commoa schools or all kinda. at which are tans hi over one hundred thousand pupils. The appropriation for the Board of .Ivducauna tor too last ten year aae ww m louowi: 1650. ...,.., $27e3j I8S .; ,000 1651. ..........; 447,467 1650 I.033A14 1852 .i.. ' 602,315ll7 1400,410 185.. . .7. ........ fMlm,tt"' . .i.ii.iini-'i1!1" 1854. .T.T.r. . . 08,314 '1659 1 to, 000 Total lortenyeani..i.;....'....$s4Ml - - These annual exnendltnres. though large, are yet mall when compared with the results and tho num ber or children taugu, steaicea, in laeas are taeiuoea Iran taugnt. steaicea, in laom are laeiaoea purchase of sites and tho orectioa of a is school aoesee sawn arts g ta laM to over that year. - Rati meting the population of the cost of pi era! rpacioua soaXiOffl Cor thai Ttr. ttl City at aoO.OCO, (It may bo nearer 1 ,000, 000 J the tax on each person for school purpose la lee than if I 10 per annum, or for a family of six persons a tax of 17 cents per week, er estiznadng the average number ef children, taught at lOOOa, and tho average expenditure at $Icd0. the annual axpmeee of teach-, leg each pupil U but $12. iese gratifying facta, however, do not Maaipate tho gram error ia permitting any department to distune so largo aa outisr of anooer and pernjrnjitt duties wit boat amenability to the Corporation. The Board of Education, like the Almshouse and Police, draw money from the treasury ia gross without rendering ta return vouchors or a detallod aeeooetoflta ..;r i , i awm iMstaos ta its own .wayTwlihout being Uable to any otiuc aaUwrtty,, IX , fbero be no abuses smder ewek a eyateea, the peop'e have been more fortuaate la electing iU odaoatloa a f f&rer than tbey are generally ht tho cbotoe of ethsr pubtic servants. - ' The powers of this Board are very extenatva. It has charge of the Croton aquedvet, reaervotra, works end property connected with the supply and distribution of wafer in the City ; of the oonstrocuo, repair and cleaning of the sea era ; of taring, repaviag. aa t repairing streets ; of digging and cons -meting well, axe the collection of revenues arising from the sal of Ctotoa waier. These da ties comprehend "great public ratorests, and fleet the health and comfort of the cttixea to aa incalculable extent, and j et the' Mayor la clotted with no power to supervise, much less direct them. The Croton Board, constituted by a President, a Commissioner, and an Engineer, compose a managing ttiumvlratef he are ia no wsy amenable to any chief executive. Though those officers in the first instance derive their authority by appoinanent from the Mayor and Board of Aldermen, yet the tenure of office being for five year without any provision for removal, however great the necessity, they are totally independent of the creative power. The large sums expended by this Board and the subordinate appointed by it are matters oer which the Mayor has no control. It I conducted comparatively up--a the same close corporation principle as the Almshouse Department. Many of its present duties having been conferred upon it by the Chsrter of 1657, It is impossible to give a 1 air statement of the amount of the appropriations for It during the past ten years, nor ia it possible to say with ahat economy it is now being administered. tbx STksrr SRiitniT. This is probably the most important department of the I Corporation, being intrusted with a oiler field of operation than any other. It ha cognisance of opening, altering, regulating, grading, lUgi(Lag. ur-lng guttertig end lighting streets, rovis, places and aeriuee; of building, repairing and 1 gating wharves and pier, and filling up aud cleaning out slips and basins ; the construction and repairing of public roads : the rare and improvement of public land! and place; the filling up of sunken lots; the construction, rcpfdring, lighting and care of the buildings, offices, rooms and public yards of the Corporation ; the supplying the public buildings and offices ana rooms of the Corporation, the Cour t rooms for which supplies ate furnished by the Corporation, the police stauon-bousea, the engine and other houses of the Fire Department, and the public markets with fuel, stationery, printing, and all other thing necessary therefor; the construction, alteilngand repairing of fire-engines, bese and all other machines and appra" tus for the use of the Fire Department ; the removing Incumbrance from stitets, roads, places, wharves pieis anu slips ; the doing and furnishing of all other necetrarv work, repairs and supples not provided for in other departments ; and the collecting of all assessments. Ttese duties are performed by bureaux, of which there are fight. The S'net Commissioner is the head of the department. Like the officers of the Croton Board, he derives his appointment, in the first ia-' ar.ee, from the Mayor kivl Aluermen, but witn a tenure of two years, unless sooner removed for cause, uhii h removal requires the sanction of a majority of nil 11. c members elected to toe Board of Aldermen. The Stipetintendents of the several bureaux, how-f ver, can be appointed and removed by the Street Commissioner at pleasure, without accountability to the Mayor, Aldermen or Common Council. It is thus tern how little absolute control the Mayor has over this branch ef the public service. Without the power in his own right to appoint or remove any person connected with it, of coarse he cannot command its administration, and should not be held responsible. CITY IXePXCIO&'S DXPAJtTHKaT. This department has cognizance of ait matters affecting tne public health ; cleaning the public streets ; the superintending, inspecting and management of the public markets; tne inspection and. sealing of weights and measures, and of the location and control of the public pounds. It has four bureaux. The City Inspector and the Superintendents of the bureaux under him, are appointed and removed in the same mode a in the Street Department. What has been stated with reference to that department applies to this. Tbe Mayor, being without power, should not to held accountable by the public. If nuisances abound and the streets remain filthy, it will he unjust to lay the responsibility at his door. Until he has the power to appoint and remove the subordinates upon whom it is incumbent to perforin thee duties, he shouid be relieved from any censure which attacnes to the neglect. It is well for the puolic and nayelf to have an understanding upon the mibject at the commencement of my administration. BOAJtD OV &CPKBVI JOR8. The Board of Supervisors, under the construction which the gentlemen who compose that body piece I upon their powers, has become, within two years, an ' institution combining both Executive and legislative powers to an extraordinary degree. This is an orig- j mal feature in Municipal Government, heretofore entirely unknown. Th justification for this- assumption is, that two governments are required for New- York, viz.: one for the County and one for the City. L'nder this pretext a aew official organisation, fearful in pretension. 1 gradually arising which will result in fastening upon this already, overtaxed City an enormous additional burden, betides creating inexplicable confusion in the public accounts, and large additions to the public business. Already the Controller has been obliged to set aside, a separate department of bis ofSce for this Board, and in a few years an entire building will no doubt be required for its exclusive use. One of the evils which follow the system of govern- -lng by Boards or Commissions is tbe tendency to ab-yorptlca of power, and the exclusiveness with which it is exercised. The partisan balances, by tho equal representation of political parties, are soon lot in personal considerations. Individual Interests of members become the governing Influence and override tbe pubiic good. I make ns charges against the ' gentlemen who compose the present Board of Supervisors, but speak only of tbe system, aad the evil tendencies which naturally flow from it. In my judgment, much Xf this extravagance and lax government is justly chargeable to these Commissions or Boards, and the sooner they are all aooiisaed tbe better. The most dangerous, however, of all ia the Supervisors. The people should have their attention directed to this subject before an incubus is fastened upon them, from which it will be impossible to escape. In Introducing tt now to tholr notice,, I have but discharged a duty. The laying out ana Improving the Central Park, and tbe erection of a new City Hall, are also in the hands of Commissions, over whibh the Mayor has no fcuperviaion. - However faithfully these Boards may citcharge their trusts, tbe system is liable to the ot jections urged against other. - ' And thus is constituted the Executive Government of the City of Mew-York. The Departments and Boards enumerated compose the whole. It will be eeen bow erroneous I the Impression that the Mayor ia the Chief Executive, and now unjust to bold him responsible for that which ho cannot govern. Responsibility and power should go hand ia hand. . It is wrong to impose the former without imparting the latter. The Mayor should be clothed with ample authority. Those who are to execute the -law and ordinances should derive their appointments from him, and hold office no longer than Li his judgment the outy shall be perfomed with fidelity. However conscientious and capable, no man holding the office of Mayor can meet public expections, until the necessary changes shall be made in tbe fundamental law. Under the system as it 1 w shall go on from bad to worse, sinking deeper every year in the " Slough ef AThen accepting tbe nomination of the National Democratic Party of this City as a candidate for the Mayoralty, I declared my sen tl meats fully upon thts subject. Upon that occasion I presented the platform upon which I should ge into the canvas, and the policy which would govern my official course, if Tbe basis of this platform waa in the following word? " 1 ' I am in favor ef one bead te the Corporation, which shall posess authority to enforce prompt obedience to the laws by officials and tbe peopls, believing that this City rennues a strong consolidate-! government, having sufficient Inherent vigor aad legal independence to command Iscmediate compliance to its will. Better have an iron rule than no rule at all, as new."- - My opponents took issue with me upon this principle, and the people have decided In my favor, i therefore have a right to expect that the necessary amendments shall be made to the Charter which shall carry out their wishes. Those who expect a reform without reforming the foundation of the evil, will be disappointed. Under the present law tt makes little difference who occupies the Mayoralty. That functionary is but a clerk. Hi duties are chiefly clerical and his power subordinate. Though he may be surrounded by those who lire upon official peculation aad otherwise evince a disregard of tho public interests, he has not the legal right to punish the one or remedy tbe other. . " By his own authority he cannot remove any person bold in g office under the City Government except a few clerks in bis own office. However strongly eon-: vinced of the worthlessnesg of officials, he cannot remove them. ' r f. . . i-- -- . " . - - ;v 5. He should not be made iwrponslble without the necessary power. No merchant, tradesman er mechanic can successfully conduct his affairs if those w ho axe subordinate are not amenable to him.' The bead should have ample authority to employ aad die-miss his own agents. Mo private establishment caa be properly conducted if the employe are superior to or even coordinate with tho proprietors. If this rule la good when applied to the usual avocations of Ufa, how much more so Is it when applied to aa immense Corporation disbursing millions of dollars every year, and transacting pubtic Dosineaa of such magnitude T . In my opinion tho principal difficulties under which we labor may be traced to the waat of power in tae Mayeev Tho Mayor, as Chief Executive, has not the necessary authority te enforce a prompt obedience to and execution of the laws ; aad without such authority concentrated In the hand of one man, there can be ae good government. It Is folly for any person boiding this office to attempt that which ae has no legal authority to accomplish. The evil-doera will resist Mm tn the Courta, and he must necessarily bo discomfited.' -. J ."" - Moral suasion or official station avail not against tbe corrupt element existing la New-York There mast bo a corrective strong sr and more potent. Wo require a rigorous arm upheld by sufficient warrant of law. It U not only necessary that wo should have a Chief Magistrate with capacity, Integrity, Industry; and nerve, but ho most be vested with requisite, un-eoeetioaable jurisdiction. " With such . a man, strengthened aad encouraged, reform can bo accompli bed. Otherwise, all attempts to this and will bo (Utila. t ' " ....-.--. ''-- -'- if the Legislature w&l remodel our Charter la a cordanee wi:h these views. I shall spar no effort to accomplish great result : bat tf that body shall omit to do so, I shall, r-evertbeieas, do ail that can be done within the limited sphere assigned me. , t I shall tare the honor of submitting hereafter another coram unication. tn which 1 shall make several recommendations in detail. If tho nocesaary authority shall bo given by the Legislature one of the principal of theee reeosnmeadation will be a plan for a redaction of tbe expenditure aad aa Increase of tho revs-sanea. At this time it will be unnecessary ta extend tholena-taef this domtaaeen br reierrtag to It t be roeoanmeadatioaa of this character wtdch tho Council cannot adopt would appear to be an an- aiy coasomnrioa of time and labor. Ilareto- tore when boteiag this' peace I made many euggeo- tteae for tho improvement of tho City, wnsee, taougn appearing so meet general approval, were not acted upm by tbe- Commoa Council. Permit mo to call joor attention, to them.- If the shall bo found ao-rep table, 1 shall be happy to cooperate with you U tbetr adoption. . - - , ; , -: . -,. .... . .. . , Tbe views now presented by mo in favor of a radical chance mthe CI y Charier are the result of study, t-hservaiioa and experience. 1 am confident New-York will bare no reforms until the fundamental law Itself Is changed. Whether tho Legislator will at this time eoncoi or pot I do not know; but rest assured that, sooner or : later, the people will, with one voice, demand the establishment of the "oa ma rewaa," and the erection of a strong, consolidated Executive Government over the Municipal anarchy aid ruin to which we are now so speedily tending. FERNANDO WOOD. Mayor. THE BO AUD OF GOVERNORS FOR I860. tux kxw ooTxnsona swonjr ur bkxj. w. riacx:- hXT ELECT ZD FBKSIDEXT, ASD T. O. MOLORT srcRiTAar isTiEisTijra rsocxxouios. The Board of Governor met for : the first time this year yesterday afternoon. The weekly report from the Institutions showed that the number of persons remaining, December 31, 1659, was 7,982, an increase of 01 over the number named in the proceeding report, j At 4 o'clock, the new Governors, j Piacxirxr and LvFca, bad not been sworn into office, and consequently the time of meeting was postponed until 5 o'clock, to allow them to prepare to take their seats in the Beard. j At i o'clock. Governor Drsxo took the Chair, and 1esrs. Fmcxhxt and Lrxca placed their certifies tes in the band of the Clerk. The President then announced that the organlza tion of the Board for 1660 was the first business la order. k Governor Moloxxt said, ss the presiding officer for in accordance with the custom, belonged to (he gf nt'f rr.rn on tlie Republican side of the House, he vcn.d efk whether they had any candidate torecom-mebdf Governor W. T. Pmxsir said three members of the Republican ride of the Eoard bad consulted, and bad decided to recommend Bxxjamih F. Pi.icx.vxt for President. ! -. Governor Smith thought it a somewhat strange proceeding. It had not been customary to hold a secret csarnr on sorb occsstons, and If it were so all thi nut niters should be notified, and. In this case, he hao rri U en. He was likewise of the opinion that tbe Dcmociatie members of the Board could not be bcuud by the opinion of any three mea standing alone. Governor W, T. Pisasxv desired to say that whea they wett out he asked Governor Sana to go with them, and be said he would not. liotetnor Surra said he was not invited to attend tbe caucus. He had been asked if he was going out, but for what purpose had not been named. Governor Olivxs thought he should have been invited, but be bad not been ; and he did not think the Board bound by the action ef the three men. Governor W. T. P lacks it wished it to be under-itooo that the Board was absolved from any imagined binding force of tbe action of the recommendation of himself snd friends. ' The Pretident called for a ballot, and the first was taken with tbe fellow big result: Gov. Tow nsend absent 9 vote cast J eceksary to a choice. 0 a majority of a full Board. Gov, Benj. F. Pinckney received 5 Gov. Oliver received t S Gov. W. T. Pinknev received j 1 On the recond ballot, (he vote stood : Gov, Eenj. F. Pinckney 1 5 Gov. Oliver .1 - - -1 4 Nine ballots were taken without effecting a choice, and then, on motion of Gov. Molomxt, the Board ad-jeurned for half an bow, to give the Republican members tirne to consult. I When tbe Board was railed to order agala. Gov. Ouvxa said they bad had a caucus and bad not come to an agreement. As he desired an organization, he would state that he wouM withdraw in favor of W. T. PiMKKKT, if Bxkj. r. Piscxaxx" would do the lime.' i At the suggestion of Governor BauaxisaaArscir, the Board decioed to adjonrn after another ballot, provided there should not be an election. Tbe ballot w then taken, Governor Bswj. F. Piucbubt receiving six votes, and Governor Wau T. Pinxasi three. ... Governor Bbhj.- F. Piscxjcxt wm then declared elected Governor Smith alone voting against. Tbe President elect was then escorted to the Chair, ar.d returned thar.ks for the honor that had been conferred upon him. Governor P. G. Molokit was then unanimously elected Secretary, and the Board, after referring toe requisitions to the Committee on Supplies, adjourned to Tuesday next. j THE CROTON AQUEDUCT. AKKTJAI. EirOfeT Or THB BOAXD. The Croton Aqueduct Board have prepared their last annual report, which ia now in the bands of the printer. For the past year ; the total receipts have keen 6C0,819 44. Of thts amount $748,930 $2 were for water rents, $21,723 for permits to connect with sewers, $10,319 63 for penalties on water rents, and $1,620 25 for old materials sold. The expenditure in supervision and repairs of tho Aqueduct, from the Crcton Dam to the Receiving Reservoir, has oeen $I8.04S 22. This includes a heavy loss sustained by the lower distributing reservoir by the burning of the Crystal Palace, together with the expenses of keeping stations at Intervals along the line of the work, for keeping records of the falling of rain. Upon the new reservoir in process of erection in Central Park, including rock excavations and other fundamental work, there has been expended thus far, $01,32 49. Maps and calculations of the topographical surveys of the Crotoa Valley have been completed during the year, giving the Board accurate knowledge as to the capacity of the Croton River to supply the future wants of tbe City. There have been laid 17,027 feet of aew water-pipe, costing $92,452 01. Ia repairing and rebuilding old sewers, aad repairing culverts and man holes, there has been expended $31,081.- For street expenses and paving there has been expended $77,299 11. On account of salaries, there ha been paid $26,962 14. Total disbursements on the Croton Water Works extension have been $979,000. ( REDEMPTION OF CITY STOCKS. A great many holders of" The Five per bent Water Stock of the City of New-York," issued under the law f May 2, 1834, and redeemable on aad after Jan. 1, 1S60, amounting to $2,500,000, presented thaa-selves at the Comptroller's office, yesterday, aad their certificates, the interest oa which ceased yesterday, were duly paid. The Comptroller 1 ready to redeem all of the outetandmg certificate. . , J j : THE REGISTRARS PAID BY THE CITY CHAM. BERLAIN. - ' ! - " A fter the amount of the salaries of the Inspectors of Registry and their clerk was fixed by the Board of Suoervisors, the Comptroller's office was for several days besieged by those who were entitled to the stipulated compensation. 1 Many of tho appointed by the . Board ef Supervisors to act in accordance with the provisions of the Registry Law, were not overburdened with . riches, and the unlooked-for delay la paying them off, which must continue until the Tax Xevj for 18A0 is passed by the Legislature, was seriously felt by these. Comptroller Haw had no authority, of; course, to draw his warrants in their favor, and the City Chamberlain was not authorised to pay them. . j. J -. 2 Deslrous, nevertheless, to seeure V to them a speedy liquidation of their claims, Mr. : Haws asked Mr. Stout whether he would not personally take - an assignment thereof and pay them immediately. 'This air. Srooe immediately consented to do. and for a fortnight past bo has been fur-, nishipg the Registrars and those acting under them with their money. FIe,of course, cannot obtain reimbursement until the Tax Levy 1 passed ; it may be the next week, and It may be. the next year. ' The needy applicants are loud. In their expressions of gratitude 1 tO tOO Vlty bDlBWIWOi ; - -1' CITY INSPECTOR'S OFFICE." ' m Tnrjnu.Y ixroat o maths. .The fallowing Is the weekly report of deaths In the City and County of New-York, from the 84th day of December to the list day of December, 1899: Mea, tt t Women, 59 ; Boys, 125 ; Girls, 97 ; Total, 349. Adults, 12W Children, 222 ; Male, 193 Females, 18 1 Colored Persons, 8. , Den (A Jnm. , Aaeefal Dimt abscess, t i albuminuria and Bright' disease of tho kidneys, Si. asthma, I ; bleeding.' from bowels, I s bleeding from lungs, 1 ; disease of brain, 2 ; bronckir Us, 12 ; cancer, I ; cholera morbus, 1 ( cirrhosis of the liver, 1 s congestion of the brain, 11 ; congestion of the lungs, 8 ; consumption, 51 ; convulsions, adult, 1 ; convulsions, Infantflo, 31 croup, 23 ; debility, adult. ltebUlty, infantile, $ ; j diarrhoea, 1 ; dropry, 9 ; dropsy la the head, 19 ; dysentery, S ; fever, S ; ! Inter-ml tie lit fever, 2 ; puerperal fever, 3 ; remittent fever, 2 ; scarlet fever, 28 ; typhoid fever; 2 ; typhus freer, 9; disease ef the heart, 4 1 whooping cough, i rnv luustdos of tho bowels, 9; Inflammation of the brain, 12 ; Inflammation of the heart, 1 ; inflammation of the lungs, 29 ; Inflammation of the stomach, 3 ; inflammation of the throat, 1 disease of tho liver, 2 . marasmus, 7 Infantile, , 9 j, measles, , 15 palsy. 3 ; rupture, . t ; scrofula, 2 ; email aox, 1 ; aofwaiag of the brain, 1; teething, 3; ulceration of the bowel. J i varioloid, 1 total, X34. iai Vast eaSsraer aad otacr eoases, oad 4enUmg wswa chassis er eesssa Asphyxia. 1 1 burned or scalded, 4 ; casualties, 3 , cr-, aaoaU, 1 ; drowned, 1 ; intemperance, 2 ; lock jaw, 1 j roe venerea, 1 ; malformation, 1 ; old ng,4 ; premature birth. S; suicide, 1 1 total, - La aouitioa to the tni BTBXZT CLEANTNO: 'j:..vi P ' The $2300 added te tho appropriations of 1399, try the Commoa Council, for street cleaning, let It be borne tantind, waa made to cover tho azrearagea ad ttat year There I 9 motiey appropriated at.thi preeeat time for atreet .cleaning. - The ComptreUer-haa addressed eommnnlsatJoa to the City Itupector,; eaUlag Us attest! oa to the SSth, 21t and til sectioas of the . amesvdod Cbarmr of 1857, which ewrerauy iprovlJo Mwm-' ;t iwre cy any of fhe depai taieuta. wberber tho object of expenditure shall have been ordered by the Coeanaoa OovaW cli or not, unless an apnroprlatauw.ahaU have- oeoa previowsly made cove ring anon expense t that no SBooey shall be drawn from . tho Treasury with each, aa appropriation ; aad that no money shall bo paid by the City Chamberlain for any object after the amount authorized to be raised by tax therefor la expended. - Under these circumstance it would seem that the street cleaning mast bo stopped until the Tax Levy Is passed, unless tho Commoa Council immediately makee appropriation for it, or some one personally assumes tbe debt thereby to he Incurred. Tho cost of cleaning the streets last week was on'y $224 43, $6M less than It cost the week before. Tne saow stoim, which put a stop to street-cleaning operations, accounts for the decrease. r BETTER ACCOMMODATIONS FOR THE CITY HALL POLICE COURT. Justice Wklsb, of tbe City Hall Police Court, called upon Mayor Weoa yesterday, and represented that tho rooms assigned to that Court were damp and unheal ibyf aad unfit for bis occupancy, on account of the delicate state of hi health. The Judge presented this matter several months ago to the consideration of tbe Common Council, who up to this time have taken no action on the matter. Mayor Weoa admitted the justice of tbe Judge' complaint, and appeared to think that suitable room for the Court might be obtained in some other part of the Hail, or in the neighborhood. ' : . .... .. . LAW REPORTS. DECISIONS IN ADMIRALTY. . The United Stale Distrist Court, Doc. 31 Before Jadge Bona. ' COLLISIOH DAJfAQU TAJXI OF TX33XL. Deris! W. Wctmcrc v.jTA StenmboiU Grvkite 5rr. This case came up on exceptions to the report of a Commissioner to whom it was referred to ascertain the damage sustained by the libellaat by reason of the tin is g of the barge kjaniUr, owned by aim, by the triiuu State. Tbe Commissioner, among ether thing allowed $859 for the loss of the vessel, te wbteu the claimants excepted. Held y f Coarf That the rule of law regulating damages to property by maritime torts, is that of rtttuuUo m integrum, or compensation equivaleat to the worth of the thing lost at the time and place of the injury, or what it would produce on sale. That the particular or special value of the vessel destroyed tor the service in which she was engaged at tbe time, does not form the criterion of loss to her owner, to be replaced by the colUting Teasel, but tbe sum she would produce on public sale in her condition at tbe time, or which would be necessary to restore hfcr to that condition if reclaimed and found te-parsble. Ordered that ta report of the Commissioner as to tbe value ot the vessel be set aside, and that the cause be remitted for a revaluation of the vessel on the principles of this decree.' All other exceptions overruled. For iibelanis, Messrs. Benedict, Burr 4; Benedict; for claimants, Messrs. Owen and Vose. Hiram Hunt vs. John P. hnum et. af. This case came up on exceptioas to a report. Tbe action was brought to recover demurrage on a chsrter of the brig A. B. Tan OUnd. The charter was for a voyage to Demerara with lumber, and provided that the cargo-should be aischarred with customary dispatch, in not exceeding ten working days. The billot lading taken by tbe defendants consigned the cargo to Irving & Brothers at Demerara, and the master of the vessel testified that be was delayed by their direction three days, tn beginning to unload his cargo, and was then placed by their orders at a wharf so encumbered that tie was further delayed large portions of six other days. Held y lAc Court That this was a charge occasioned by the fault of the respondents within the purview of the charter patty. The respondents' agent placed him at the dock to discharge his ship, and if It was dene for the accommodation of the purchaser of the cargo, tbey should have first seen that their principals, tbe charterers, were exempted from liability. Exception overruled. For libelant, Messrs. Beebe, Dean and Donohue ; for respondents, Mr. Lord. horatutffeUon et tU vs. Willi Boven, This waa a libel to recover damage for the cutting of a hawser. The libelants were the owner of the ship Pacific, which was lying at the end of Pier No. 5 East River, on Jan. 1, lb5i, having a hawser acres the slip to the other Pier. The libelants alleged that oa that day the sloop Tktrmat Hail, of which the respondent was owner, came in and desiring te go into the slip, called upon tbe shtp-kseper of the Pacific fcxdropthe hawser, w hich the ship-keeper refused to do, whereupon the master of the sloop got an axe and cut the hawser la two. The respondent denied that the libelants had aay claim to damages on that state of .facts, and denied that be was the owner of the sloop; No evidence having been given that the libelant was such owner, the libel was dismissed with costs. For libelants, Messrs. Beebe, Dean Donoghue ; for respondent, Messrs. Benedict, Burr e Benedict. JCKIFDICTI05 BUPFLirS DOHXSTIC TXSSKL. Itaac HtUl vs. William A. CaU, et. at This suit was "brought to recover the -value of an anchor alleged by the libelant to have been sold to the owners of the' ship Zmgaree. by the court This case on one point presents the bald question whether a suit ta personam caa bo maintained in Admiralty upon a contract in a home port of aa American vessel, between parties there resident, to furnish supplies and outfit to the vessel, necessary to her equipment and use. It isdefinitively settled bv the decisions of the Supreme Court tn Allen . Newberry (21 How., 244,) and Maguire vs. Card, (ibid 248) in actions ra rem against the vessels upon such contract,' that the contract 1 not within the cognizance of an Admiralty Court, but belong exclusively to the State jurisdiction. These cases turned specially on the competency of the Federal Judiciary to entertain and enforce a remedy i rem where the lien was created by. local legislation, and did not subsist in relation to particular States under tbe Maritime law ; but the doctrine declared a the substratum of the adjudication is, that the contract itself for supplies to a domestic vessel Is local' end-domestic, aad subject solely to the cognizance of the State Court. - This Court had uniformly, previous to those decisions, held that contract of that description were -of a maritime character, and within the Admiralty jurisdiction for that reaaoa, although ia this country deprived of all privilege or lien in rem ualess clothed with that quality by the local law of the particular State. It seems to me. however, that the decision above referred to necessarily abrogate that distinction, and in declaring the contract not to be maritime in ita nature, necessarily deny all authority in the Admiralty Courts to take cognizance of it. In obedience to those decision, 1 feel constrained to hold that the Court ha no jurisdiction in this case, and that, the libel must accordingly be dismissed with coats. For libelant, Messrs. Beebe, Dean Donohue ; for respondents, Messrs. Benedict, Burr dt Benedict. CHAJtTaJt FABTT PASSXlf GIRS. ' J, Richard BurUv vs. ' Freeman Rawdon tt. aZ-This was so action on a charter ol the bark Either Francos from New-York to the Orinoco River and back. The outward voyage was performed, out on tho return voyage the vessel wa totally lost. The aire of tho vessel waa $tJ0 a month up to the time she should be lost, should that event occur. Moreover, the charter party contained a stipulation "that thirty passengers or thereabouts were to be carried to the Orinoco River and brought back to New-York, ' at the rate of $60 each passenger, say $30 outward,, payable before leaving New- York, and the balance, or $30. for each, and every passenger on return voyage, to be paid oa arrival of vessel at New-York, and la case the vessel is condemned or lost on the voyage, the party of the , first part (the libelant) not to be held liable to forward ' tbe cargo or passengers to their destination." Tbe agreement wa performed a to the outward voyage, but no passengers were furnished for the return voyage, and no Cemanl made for them by the libelant, but notice waa given to the master of the vessel that they would not be furnished. - The libelant sues to recover damage to tbe amount of the passage money of twenty-seven passengers. '' ' - - Held ey the Court That the true construction of the charter party is that the libelant was bound to per-" form the full voyage, to become entitled to compensation, by way of damages, for nonperformance of sry part ef it on the part of fhe respondents, . Libel dismissed wiih costs. , i i ' ; - For libelant, Mr. Do Forest aad Judge Beebe. For respondents, Messrs. Everts,, ooutamayd and Cheat. -t " ? SAUA0KS TO CAJtOO, . ,r : Ztknlon B. Ely, t at vs. Tie oVaeeasr Oearg S, Adam This waa an action to reoovor $138 75 dam-ge sustained by the libelant oa a guarantee of sugar brought la tbe schooner from New-Orieaca to; thia pork.''-- - -- ' .--....-. 4 Held my tha Court That on the proof' fhe libelant are entitled to recover tho earn of $39 60, paid : by them for cooperage nee ess sry to pat the hogshead In a landing order. ? K - I " Ji' That they are entitled also toravMrettho vain of any sugar actually lost in the act of landing, or delivered by negligence of the vessel, and may. if they . choose, have a refereaee to establish what - that amount waa. Otherwise . decree for the libelant for $39 69. - - ,- For libelants, Mr. Shepherd. For claimant, Masxr. Benedict, Burr iWaedict, ? y 1 COI8TAITCTI03T OV CHAJtTXJt PABTYV' ; J j V Rohert Latta vs. Tk Cargo rAe Brig HtrmUag j Tfala waa an action to recover damage for violation of a charter, party. The brig Hrrmitagt was chartered to A branches, Almeida d Ce, tho claimants of j site for the vovara. xeeot crew. caDtatn. and dto-' visions,) and that the claimant should have the ex-! erosive use of tho whole vessel for tae voyage, (except the cabia, the deck, and nee nr room tor tho accommodation of the crew. Bails, aad cable.) Various other provisions were made ia the charter, aad the libelant bound the vessel and freight, aad tho charterer bound tne merchandise to too tsdeaoa board, to the fulfilment of the charter ta tho penal ranof $4,609. - - 'i - '- Tbe libelant alleged that the eharterera, after putting some lading on board, cialaaed the right to take oa board certain paeagair to which tao libelant objected, as tending to subject the vessel to selxare, and thereupon the charterers abandoned the voyage and anloaood part of the cargo en board, aad threatened to withdraw tbe whole without paying the freight rtpulatedra tho charter party. , The elaimanta excepted ta, the - libel,' their exeep-tions amoanting to a demarrer. -ryz fv f - Held ay the Court . That the p oasloa of the voe-eel and the cargo libeled had eon tin nod with tho libelant atneo the execution of the charter party. . . That by the true coastrustion of the charter the' geppoeed maritime Ilea upon the cargo for tho amouat of 4 rei g ht w hich might accrue, wa waived) oa tae part ot tbe libelant. ' " . " .. . . That hi remedy, tf any. Be under fh penal clause In the eharterad cannot be enforced ia Admiralty ta tMs form of action. r -.. ' Libel eiiwaUeed wTra coat. -1 - ' Por ixbolatvu, Meaar. Erwodict, Bar aV Alette. tbe cargo, for a trading voyage to the coast or Ames, the b be last engaging that the vessel should bo kept tisht. stanch. Ac. and rrovWVd with every reoui- ?L TaimmUemoTo.B4t4htTaMWo -h- .--. .-,- mi mi tiaaLTg. "1 -'The Cwd Btattm vs. Henry J. Balarat a&i-Tkae wa a action to recover deuee aa-1 a peaatty ian-posed oa aa Importation by the defoedaats.at But, of Ave. hundred cask of bicarbonate of soda. ,Te gcoc aero entered, and tho duties ware pail aaoaj the Invoice value of the merchandise, and tae rood delivered to the importers, except one cask, wktea. was sent ta tbe public store for appraisement, oa tae eaeeation of a redelivery bond.' ' - - ; - I Oa appraisement the valoe of the''' Invoice waa raised. No appeal was taken from the appraisement Bat tho Importer applied for leave to amead taear entrv to the Collector, and then to the Seeretary of ire Treasury ; but leave was refused, and the Cot-lector demanded payment of tho dutiee epoa the l-rrease ia value, amounting to 19 Ta, aad also a penalty of 0 per cent, upon the appraised value for the Undervaluation, amoanting to $411 49, aad broarat . this action to recover those soma. - - r v . I Held ay tie Court That aa tho defendant kavo not appealed from the appraismeat, they novo waived any objection o irregularity ia tt. -. - - - - i That tho dutiee upon tho aiy alwd value were what the defendants were bound by law to have paid on the entry of the gooda. and that sum become a fixed debt, which may be enforced against them tn an action of assumpsit. ' . . . , That the penality imposed doe not take the form of a debt, and it cannot, therefore, bo recovered ba this actiosu - - -. ' . .. Judgment for tho Government, therefore, for $39 j only, witn con. - - ; ' - .I- ... . - f ' Panama Bteamahlp Ceatroversy. CXOKGS AAW riciowowa. n Uorat F. Clark oai Edward N. Dicterim and Alhert C, io , v. Uoorgo ham, Ae Pa Railroad Comnawa. the . Sort Atlantic htm ; Cswyny, eatf MlarahaU O. RooerU. Taie action was reported - In the Tina of Deo. 12, lto9, and waa before Justice Dait tn the Common Pita. It waa a controversy la relation to the osraeo ship of certain dock property situate on the Istamue, and which the plaintiffs ciaua bekmg to them, a tho Trustees of the United States Mall Oteaxesoip- Coaa-pany ; while Mr. Law claimed to be tho owner of the fee, aad that the other defendants as well as the Coav pany represented by the plsJatifls, were hi tenaata, and had each of them acknowledged his title by payment ef mortgage, and that the piamtiff could not new, in consequence thereof, set np adverse claims to title. A temporary Injunction was alio wed. but after too order to show cause wa argued, aad the matter haid under advisement until now. Judge Dalt dissolve the Injunction, and renders judgment ia aver of 4' -l t Deelaioao. - :-' i turzmioB ootrKf-HiKKnAa tmm: "';t '1tfTs. Blotsom tl ai-udgsuerit aSrpjed trKk cost. . , i - - - v - " ' . .' - -f . Weldon vs. Tho Nrtm- York and HarUm Railroad Coaa-jNntjr ; Kama vs. Same. New trial granted oar pay ment of costs of trial ; eostoa the appeal to bo eosae la the cause, and abide the event.. ; - .' JVne-York and HarUm Railroad Company vs. JTyl a. Judgment affirmed wtta cost. -- WiUon vs. Dovrall. Judgment reversed and near trial granted. v Aftrrett vs. Afi'Card Order affirmed with coata. 1 Trask vs. Jonet. Motion denied. . . -;s Harttkome vs. Vnion Mutual Insurant Commony . New trial granted, costs to abide event. - Lakenan vs. GrusneU. Judgment for plaintlf far amount of verdict. - rutckar vs. iTKAersefs, Judgment affinaei, wfUt-costs. ! - '' " - ' Bank of tho Stmt of If eu-York vs. Aturrmg ot at . Same order. . Atw-Yr Exchangt Company vs. Dt Wolfe, 9s me -. order. ' fx - -',' V Porter vs. Kitchen. New trial ordered, - cost fe abide event. - " . . U r Phetjf. vrrd.8arne order. '.' 1 Few York Errhange Company vs. La an. Jm&gri ment for plaintill on verdict. r " t .... - EcriKiOB cotJUT erxcLAL rnx. ; . - HorntAH, J.Domtz' vs. ' Rasssff. Jadgmeat wist -be drawn by plaintiffs and two day' notice of ita aa--' . ticmcnt given. - ' '':' ' Boker va Wright. Injunction dissolved upon - fendant's giving security for hi keeping an account of all the sales of the property deemed to ba partaer- -hip property, and to pay te toe plaintiff ockv sum f the proceeds as may be adjudged, Ac . , i - Justtce Leonard. M r. J ustlce Aoonard took hi Seat on the Bench of the Supreme Court ori Tuesday, sit- ting at Chambers, the business of which branch of , the Court he dispatched Mke an old hand; It 1 , . thought that Judge Leonard will be a superior Chana-f . bers' Justice. . ' . ,..., j s Wsonscrr, 3Boenken vs. Boonken--The faeta found do not warrant trie judgment for the plaintift' irofs vs. Fellow. Motloa granted with $40 coat, oav't condition that the defendant waive all defence sen-., up in bis former answer herein. - -. n -f - .-f . Slossom, 3 j Cray v. Ely. Motion granted on beta f . points, with leave to plaintiff to amead without eoetev . H'Tryer im. Austin Motion for judgment beeauea of 1 ' frivoiousness of answer, granted wi h $10 cost. : 1 Maffatu. Wood. Before the ordea of dlscoatlaa-t ' ance can be entered, notice of the motion must bo given to the plaintiff's attorney, or aa order to-show cau5 be obtained and served oa him. Moses rsr, is Porker Utile vs. Joeet. C as setf-sd. ' toerltnd vs. Tolf. Applicatioa denied, wixh $T costs to each defendant, to abide tbe event of t auiU. Khftrlim. X,ysur. Motion granted., ,, If r Cener18eoalesm;..; The January term of the Court of OonoTal Sea- slons commenced yesterday, before the City JaJga. j The 'following gentlemen were lir nana led asm ' Grand Inquest , . t ;, .....-.. .n--.x '-j- M-i "' Ban. F. Caar, Foiamaa. . ' . L.Atterbry.Jr., Wsa. T. Beer. - wUiB!ekstoee. Sam'l W. Bass, Wsa. C. Baraes, Heery Corse. i ":T? " John B. Ourbrow, Moses N. Deaa. ,TrrvOwsa, Evan 8. Walker, , I Gee. Y. Gilbert,- AKaraenbargb. ' Jaa. K. Halstead, Jo. Leggett, .Waa. H. Leiaea, fj r Cor. Scheyler, - Cha. bmith. Jas. Smithers, ,' Sam'l Thoaspsoa, Geo. af. Wheeler. . . . , . ', The oath having been administered, the Judge do .i? uverea a cnar ge, waica compriseo notntag but Dointa recruiied by tne statute., l ao urand J urv I.m o..f Ai In Aklr mam : r , : - kJ t Ann McKee, charged with grand larceny, was fried and acquitted, and the Court a4jomrned till to-day. : . , . CsJeamsWeMiB TJhot Statxs Distxict , CoviXrr No "Cali u eadar. . a Sfvibm ' Cocst Special - Term Adjourned Zer .Thursday.'-- .-r.--'". - SrMM'CoeaT Circaif Part L-Nos. 47. 49, SI, 13, . 65, 67, 59, 61. 95, 87, 69, 71, 73. 75, 77, 79, 85, 97, 69, U. t ' : Part LL adjourned to Monday. r . f i t Scraaicn Cocst Part I No. 1, 15, 43, 45. 45, T' 73,77,79,97,99, 99," 191, .103, 109, IU. 113,111, ll9mJ . 121. " r "" . - s.i- - Part IT. No. 54, 58, 60, 68, 69, 70, 72, 79, 8091, 3J, r S4, to 95 inclusive. , -. ? -a it i.nf.34 " Coaasv Plsa Part L.Noa. 53 to 66, 144.! . Part 11. No. 33 to 3, 41,43, 43. 46 47,43,49, M," I TaiAgcnT oVthx Posr-omci Dif AKnrt3rt.-- Mercury writing to the Baltimore Sun, says i i I " Tbe report of the Auditor of the Treasury for tho 1 4 ' Poet-office Department, not yet published, eoataia many matter of public interest. A few item now i The amount of postage stamp and stamped enveU v opes sold by postmasters during, the fiscal year, waa ..; $6,158,145 90; of which there werelused and eaa-.f celed. $5,741439 97. Leaviaa in the poeeossioa of - --the purchaser. $47,014 93. - 1 he average number of 1 accoaateof contractors and other engaged ia er ,t, tying mails, In each quarter, waa, on regular mail routes, 9,723 ; oa special mall routes, 3,432 ; route aadW,. express agents, 468 ; mail passenger aad local a gently 1,704 ; total number of accounts, 14437. Aggregate of settlements daring the veer. 67.348. 8 ami us com 1 L missions accrood, after deducting the maximum cent-, . ' dental expenses: -At Baltimore, kid-, $S72setf Whtnrtnn. Tl. C. BA 70 9-1 . Nartalk. Va 0125 T Wlintingtoa, DeL, $1564; Elchmond, Ya-, $643 2Si v Thx Bcvossp Baxx DxrAxcATios im Bosror i . Week before laat, a rumor of a defalcation tn on of 1 the moseyed lnstitatlons la State-treet wa wtdjperad about, but was believed at that time to nave bo foaxtn V f datlon in fact, and tt was ao announced ta tho Trovsl-' it aad other papers, On the same evening.' aeverat A I persons expressed the 7 opinion, notw1thtandfBg the 4 . denial of the eveaing papers, that the rumor wa tree.' f ' This wa allowed to pam without further aoJrv,a"-'. but last week a bank-officer again stated that a de;xl-cation had occurred, and that fhe deficiency had been settled by the friends of th guilty party. . It wa for" ' the purpose of having this matter set at rest, If pos-' z, aible, ; that' tbo paragraph was published la esr I paper of Wednesday. Since that publication. Us t :, t Manager of the Ctearlrtg-bouse, Mr. Cast is. kin . called opon us to state that no defalcatiea ia k aowat -. to have taken place In any of the Baska of Ilotoa, -. and the Bee, one of whose editors is a Bank Commte ..'f sioner, declare that no foundation can be fouan for " the rumor. - If such la 'the fact, we are glad to know- it, ano we are eapeciajiy pieea xo xnowthat tUere ha been no compouadiag ef felony like that of twenty year ago, when a Bank; omoar, after diseorrtag-$30,000 or more. was allowed to go without prosca-tion. Our Boston BaaJu are well conducted, aal aa reproach upon their good fame, either privately or through tho Press, should be allowed to exist uax-plalaad or uncoatradicted. Batton TramtUer, Das. 29 'i -r ii " ':-Z t.;'i'.a It OBITTJAJiT, Y". V i " Uon. Isaac ElackJbrd. aenlor Judje of the Court . of Claim, died ta tTaihtngtoa on the evening tt tin' A Ust ult "Ha waa appointed by Fresiieat Pietce, U 1653, and waa tadefatfrabio In tie discharge of Ua V daiiea TIe was a resloent of tbe State of la-i!e at r,-'C the time of bis arpolntmest, hell a t'lh rank lt .o ..-'f legalprri feas ion, and waa much erteewed as a c a . aadxneed. VJltr , . . JBonT E&nrnel Caaej, TTre a rarer. , ef . the Unltel Ftates, died en the marnicr of Dec'CS, at Caseyvllia, . Ky- where he retired ea sccount of siriroe UCjj j berlantrg of last roonJi. He was t 'I tr t v poaitloa held by aim at the time cf l i t t early prt of the A'-rnl-rxt: :a cf Tre. ; I . . . r . r tuaagewisa&octTi ye&rj.-. .- . ... (THon. r.'chari fsli,! r-':: U.. tavia.N. Y.i tUedDec.il, z d t U i:swii County Ja . - Uon. Pakl F; Ocri-yn, V, 3 C;rrt I T Jadseta PeaiyUaala,dAJLa4,i.s.i,.i Uatfrl' 4rW,agod 5, t. I ! ; l! II it i I etii , v.,'?r , ." - t .T5 - ! i

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