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The New York herald. [volume] (New York [N.Y.]) 1840-1920, September 27, 1847, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030313/1847-09-27/ed-1/seq-1/

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% at. XXII. Ho. W>5_Wbol? Ho. **64.
Rartta-woM corn?r of Villon and Imm M>.
OAILV HKRALD?Krery day, Trie# I ceata pat eopy? '
tt per inuom?payable in advance.
WEEKLY HER VLD?Erery Katurday-Pnce 0* end
M' copy?$3 12K centa per annum? payable la advanne.
HERALD KOR EUROPE?Every Steam Packet dayPnce
i'4 cenii per copy?$6 par annum, including poataf*
or S3 Vt. exclusive of I'oatage. sayablein advanpe Hubaenp
tion* and advertisements will Va received by Meeari.,u?ll|
ami, II roe Vivieune, Pari* ; P. L. iJimonda, U CornluU, and
*?AN N UaL^PICTORIAlL0R ERALD?P*bli* had on th.
lit of January of each year?tingle cepiee sixpence aaah. .
ADVERTISEMENTS, at tlie n.nal prices?always cMbji
idcHJice Advert iaemenu should t>? wntten ? aplain, lefiblt
unurier. Th* Proprietor will bo( ba raaponaibla for arroif tha>
mp'.tirNT:^Oe^f'all kind* executed beautifully and win
Of cnmmaaietuou by mail, addressed la tbs
proprietor of tlie establishment, must be poet paid, or the pott
as* w ill be iledu.-md from the etibeonntKi* una** rerartted
* mtS:
ANUAKi'KH THL K8DAY, JUNK loth, 1M7, in* Can
will ran ai follow*, until further notice. Up trauu (fill leave
the Oitr H*ll for ? , . _
Harlem k Morriaiana. Forham k Taekahoe PleaaaatrllU,
i JQ A. M. Will'mi Br ge. Hart'a and Nawcaatlo
7 " 5S0A.M. White Pl'iUjBfdl'ora,
I h 7 " 7 A.M. WMlliekrill*
X 10 " 1# " C?DUIU Kill*
? 11 ? ? p. 14. 7 A.M.
u ? i r. M. i? " * r- M.
t F. M. * "
i ? in r
J ? H "
S "
J M ?
Hfmrniii? JU> Nw* Tou Will 1mt??
Morriaiana kllarlem. ftrdhm. WfllMto. Tnckfhoe.
; f0 - * S- Z? ?
J 9 09 " ?M " I 20 P. M.
? " ? S3 P. M. 1? .4 P. M. 5 ? *
11 ur.M. 1 ? 1 49 White Pl^i.
1J ? r.tra #i ? t ? 7 10 A M.
li ? is " eoi " )l "
:: n " 7 44 " iuriU
rVajantyUU. Naw Caitla. Bedford. WhiUlektjlla
il IS A M. i A M. 7 51 A M. 7 45 AW
! IS V M. ? PM. (II P M. ??SPM
Croton Fall*.
7 JO A M.
4 SO P M.
The train* to i.-.d from Croton Fall* will not atop on Naw
York liland, except at Broome afreet, and Rdatreet. A cat
will precede each train ten inmates, to take up paa*eu(ara in
^Themomiuz train of car* frora Croton Fall* will not jtoj
between White Plain* and New York, eicept at Tuckaho*
William'* Bridge, and For dham.
Kitra bain* on Sunday* to Harlem and Momiiaaa, if Dae
lin?. on ^^XBF/FHOMkNK.wToRF
m II At M Tft D1A>.>M??:11A 141/
10 uroton rain i
To Whitlickvill tTX To White Plain* M
Jf reight train* leave City Hall at 1J M. and at 7 P. M.
IUturninK, leave Crotou l1 all? it 7 A. M. and 9 " M.
p. , aeUv " Ifc EXCURSIONS.?The Elegant and Commo-"SSSSSBSSm
(lions steamer ION, will If are Pier No. 1. N.
]<_, at 10X, A. M.. and IW, P. W.s and on and after Moudar
tlie 20tl> inst., will leave daily at 10 A.M., and 1 P. M.-until
further notice. _ ?l?Tt*re
, . - Voh NEW BRUNSWHK?At J, P. M.?
r_WBlCI?AF.'re )i)i rent*?The elegant ateainer ANTE4SSSSmSBrn
LOPK. Capt. Vau WickTe, leaves the fo<->t of
Bobincn street. ne*t above Barclay, daily at 3 P. M lor New
BrniswicU. lauding aiRosaville, Woodbridge, Totten *, Peith
Ambov. and Kreiioh'b?Passengers take stages direct tor Cranbnry,
(Jro*? Roads and Bpouwond.
Returning, the Anielope leavei New Brunswick at }? before
7 A. M Breakfast on board. All description* of freight
taken onreaann^b'e ierm?. siJO 6t*rrr
r Long Branch, Rnnsom Dock, Brown'* Dock
>V.7Ki<0ff)idfllt Middletown and Red Bank.?The Steamboat
ORUS, C. Price, Master, will ran a* follow*, frotn Fidtot
Market Slip, East River :?
Leave New York Leave Shrewsbury.
O'clock O'clock.
Sunday, 2fi, at 8 A.M. Sunday, 26, at 4 P.M
Monday, 27, at 7 A.M. Monday, 2T, at 10)( A M.
Tuesday, 28. at 7 A.M. Tuesday. 28. at 11 A.M.
"Wednesday, ?'?,*? 8 A.M. Wedne*day. 29,atUKA.M
Thursday, SO, at 8 A.M. Thursday, 30, at 12 M.
ine l*we wui run iu nuwvu *r ouuaw y
and Freehold. Btaicei to coavey pastengera to all i>arti of the
country. .... . .
N.B. All pcreooe forbid trusting the above boat on ac
cooutof the Owners. J- P. ALLAIRE.
2 301 * re
Ocean Hoiue. r. w. Schanck'a, Highlauda,
' 'YartMnfWl Hunsoin ir.il Hslootowii Landing- Theateam,
boat EDWIN LKVV1S, apt. ilaynea, will ruu aa follows,
fiuin foot of Barclay street, North river:
Leave New York. Leave SKreictoturif.
O'clock. O'clock.
Tnesday, 28,at 9 AM, Wedtaaday, 29,at in)? A.M.
Thursday, 30, at 11A.M.
Stage* will be iii readme*! oil the arrival ol the boat to convey
p.neuger* to all iwrta of the country.
For farther particular* apply tor, ?. Hall, at the office on
the wharf. *1 30t*rc
" olaTKM 18LAINU ft.nni.-uii aau
after Kill DAY, Sept. 10th, 1M7. the iteamrrJ&MffM*
vail make the following trips until further notice >?
.U 7, 9, If. 11, A. M., and 1,1, teii minute* put 3 aid at 4, i
6,7, o'eln?ik, '.M.
At ?, ? *. 10, II, A. M., and 1, J, I, (. f. 6K P. M.
Naw York Sent. 8th. *8
JM?7 MOKNf VO "LTiVk " A i 7 O'CLOCK,
ALBANY AND TROY, landing at
raMMMMha Caldwell*, Wealpoint, Newburg, Hampton,
Milton, ruuKlikeepiie, II v <!e I'aik, Kingston, Upper Kedhook,
Jlarrytowu, Bi.tol, Catskill. Hudson. Coxtackie, Kinderhooa
aud Bil'imore. Lwidtpg fit Hammond atreet.
i.Bive* New Y'ork, Tue >dtv, Thuradav and Saturday, at 7
lock. A. M. B rakl.tst and Dinner on board the boat,
l'he low preamre fye&wb .at NIAGAKA, Capt. It L. Kelloju.
wui leive t e Steamboat Pier foot of Barclay street,
Tuesdays, Tl.nndi.yi. tnd Saturdays, at seven o'clock, A.
M.. ernrinnir o?i ^e ipposite day*.
For i>i5?iue or freight, apply on board, or to V. B. Hall, at
the iimci- on rhe wharf. *16 re
rw^ZjNfOK ALBANY AND TKOV, and inter
iHIBWMm mediate Landing*.
Tht- Ste merl'tlOY ia a third larger than any other Day
Boat ; nud in puir.tof speed, aafety, and comtnodiousliM* ia
actually nNo iteamerever ac<iuired r.ioreuniv,?r?.l
nnd .ndnrii.0 Tumii Inrir v nr p.tmtiMil in n.rf.r
tinn those substantial txcelleucie* which really deserve
public fsvor.
Fare Kil t; Cent*.?Breakfast and Dinner on board the Boat,
the low pressure tumDilioat TROY, Captain A. Unrnom,
will leave the ste?n?bnu pier foot of Barclay street, Mondays,
Wednesdays, anil Fridays, at teren o'clock A. M. Retura10?
on the opposite ?!ats.
For passage or freight, apply on board, or to F. B. Hall, at
the ofhcc on the whart. s'S >e _
I- ALBANY. Daily, Hundiys Kxcrp ed ?
HWHm Through direct? At 6 o'clock, P. M., from
the Pier briween Court'andtand Liberty streets.
Steamboat ISAAC NEWTON, Capt Win H. Peek, will
love on Monday, Wednesday, and Friday evenings, at
? Steamboat HENDRIK HUDSON, Capt. R. O. Crnttenilen,
will leave on Tnesri.iy, Thursday and Saturday evenings
at 6 o'clock
At Fire O'clock. P. M.?Landing at intermed'mte place*?
from the foot of Bare1*? street.
Sieambout HOCHF.STttK, Captain R. H. Forrv. will
leave on Monday, Wednesday, Friday and rtuudav a!tsrtio<i?s.
bt J o'clock.
Steamboat SOUTH AMERICA, Capt T.N liaise, Wili
1 leave on Tuesday, Thursday and Saturday afternoons, at ?
The above boats will at all times arrive in Albany iu ample
tiiiiu for the Morning Cart for the Eaat rr West.
Freight taken at moderate rates, and none token alter t\
o'clock, P. M.
J All person* are f.<rbid trusting any of the boats ol this
line, without a written oider Iron the captains or agents.
For pm-ee or freight, on boarJ the boat*, or 10 P. C.
SCHULTZ, at the onitt - tat wh"' ?> Hi
St * lb.mv, I'tic* $1 SO; Syracuse, $2; Oswegn;
iWwmHmii'. Rochester. %i. Buffalo, f2; Cleveland,
$1; Detroit, tl; Milwa?kie,$7 75; Chicago, 17.71; Cincinnati,
$7 71; Toronto and Hamillon, II; Whitehall, $2; Montreal,
ft; PltUhnrg, |7 71.
Office, 100 Barclay street.
Any s?cunty reiinircd will b? given for the fulfilment of all
contracts made with this company.
nt^ai 30t*rc M. L RAY, Agent | New York, 'MT.
NOTICE.?For the better accommodation
' --,^of the public (as the days are becoming
ctfflaSHBtoshorMr), the Steamboat NEW PHILADELPHIA
will, on *iid after Monday nest, leave New Brunswick
at minute* before 7 o'clock, and New York at 11 minatea
i mi t o'olock, ttoppiui at the regular landings
Th? IIARITAN will coutmue at her old houu.at 7 o clock
ir'-in *1C w IH"BWIC? UHU l UTfJlw ' IHHW "
York, runni-ic through without stopping.
r?.?th hoKUlf.ivc from the f<nrt of B.irclay street.
K"?inth? New riuladr Iphia, fc,1* cents; Rat'tan. I2X cents
N?w Brnmwjf.H. Sept. 3. 1847. ??
r^m*. TOWING?The new aud poweiful rte?m*
BELL. Ctpt. H. Yates. and HF
tlu HAI.I), lapMin J. P. PARKS. will be it
ao:iit*nt re?unie?ii for Towing Veaaels to md from sea, and
a^out . he Itu'bor, im the moil reanonnble terms
AM older* timiikiulljr received and punctually attended to.
Apply t<> 'h? <>1<1 eetuMished 3uam Tow-Boat Office, No. 75
8 iith street, corner of Maiden Uiie. up stair*.
The Bo*t* lay every night at tl>* foot of Orand street, E.R,
and **e always in rc.>diuea? at n moment's notice.
N.B ? All rwraona are fo-bid trusting tlie above boctj on
arcnnt of the owner.. W.N IT.M. DOUOHFRlY,
"* rc No. 7a South at. cor Maiden lane.
Letter Kii>ma?Eastern Mail, t i? New flsI'jtMNM'rii.
Hanfoid, Springfield and intermedial*
plai.'M. Letters and Newspaper* carried on the above route*
fitEE. By *t*amboat Traveller, and Hartford New Haven
tn<l f'piing'icld Railroad?Leave* New York daily, at ?
o'clock, A- Vf.
L,<-tt?r bagi will he kept open at the office of tlie Courier
and Enquirer, Herald, Tribune, Kipreta, and Burgee*. Strinter
tt('o'?. until 1 o'elo'k, r. it. Letters and Newapapera received
oi board the boat until th* hour ol stun in*. A Special
Axni* i< ?e -1 through to ' prmgAeld daily. Editor* are reo
ieaie I to have their i ."per* lor distribution nu tlie route sent
a!i "be Reamer Traveller, by ? o'clock A M.
t,fieri nd Newspapers by this rout *i will reach their deatnritinn
'i iiours in advance ol the U. 8 Mail.
,IS7t*? - 1 VV SULLIVAN.
h**CVthe m of October. the_;ui>erior copprr fastened and
MitUmmv ippered nhip WAVRRLY.l). fl Tmeman, masten
has hand to ma *<oomniod*tion* foi puteiiger*. Kor
''X,0' F"MM ,rph 'JoVD Ii HJJfCUZf, U Wail .1
z^IWKhOYAL MAIL 81'EAM SIIIP, 1200 ton.
(Onuin iii?J 430 horse power ench, under contract I
wirh the.Lords of the Adininl"?
Stramrr. Captain. Stramrr. Captain ' '
Hiukhxia, a Ryrie. Cambria, C.h K.Jnu> ins.
Bhitandia, wdi Harruoo. Acadia, n. Shannon.
Calkdiia, e. g Lon i
ice ionr>team?hl)i.tDOwr building are
america. NIAGARA, j r
The v-m?1 appointed to uul from Boston i> the
Britauni* October 1, 1M7
IWiiien' lauw awt U o> bowl lh? day previous to a
ailing. r
u<e money?I"torn Boitoa to Liverpool, |IM, do do It li
flu iftXi t)0. p
No bertha secured until paid for.
These ships carry experienced surgeon*. ,
No freight, except specie, received on day* of sailing.
tor freight, pewaire. or an v other information, apply to *
D. BRIGHAM, Jr., Agent vi
[L.^In addition to the abore line between Liverpool i m k
Halifax, and Boaton, a contract haa been entered into with Her H
Majesty's government, to establish a line between Liverpool
uia Nev York direct. Tlie steainihip* for thia aervice are
now being bnilt, and early next year doe notice will be given c
of the time when they will *tart. Uuder the new contract the o
'earners will sail every Saturday during eight months, and li
every fortnight daring tne other montlis in the year. Going al ,,
teruately between Liverpool and Halifax and Boston, and be r
ween Liverpool 'nrf New York. a? r j
? FRENCH .KiNS-VlLANlli: h
TTTWn -ITT 111 III r COMPANY.?Hie ?hii>* .
'/AKMtLI/I*of thia ("omtany axe appointed to_s?il as ,
.4r/yaWM/rr~ )ljllow,;_ fT?m From 1
New York. Cherbourg. c
UNION. C.apt Herbert,. ..Sept. 3D O.-t 31
PHII.ADKLPHIA. .Capt. Besson,... Oct. 15 Sept IS
MISSOURI I apt. Mofin,... Oct 31 kept 30
NK.W YORK Cap*. Kerraud,..N . IS Oct- IS
Pasaoge from New York to Havre $120. wiuea not included
Bertha not secured uutil pnid fur.
Au eiperienced surgeou u attached to each imp.
These sliips having been constructed for the l" reuch Royal
Navy, are inferior to ne Teasel afloat in all tea woithy qualitiea.
Their cabina ate large, well furnished, and uunraally well
ventilated, and their table ia unsurpassed.
Winea of all kinda, and of the best quality, are famished at
very low rates.
Fori eight or peutiage, apply at the Company'a Agency, M
Broadway. >2 Ire
?- A CARD.?The British Noah American
yal Mail steamship BRITANNIA,
on the sectional dock,) will leave
^ii liBMMg Boston fnr Liverpool ou her regular day, j
^^^ " Friday, Oct. 1st. IM7.
D. BRIOHAM. Junr.. 6 Wall street. j
N. B.?No freight or baggage will be taken on board at :
New Yoik. sJ5 3t rrc_ ,
- ... ~ROH I.I VEHPOOL?'I'J Mil The6th Oc |
tober-The new new iron steamship SA/S5lfr|WK3K?RAH
SANDS, Wm C. Thompson, ouster,
/^uS|??2Syyj_ will sail aa above Kor freight or passage, j
having accommodations unsurpassed for elegance
and convenience, apii'v to
s?l 16'rc _____ HOBT KRI? MIT.76 Sonthst.
r~ f? r-? KOtl LI VEHPoOL?'l'he magnificent
riew steamship SARAH SANDS. 1800 Ions
burthen, Captain W. C THOMPSON,will
sail on ihe 6th of Oct ber. Her accr>mmodafor
passengers are unsurpassed for ele
g ince and convenience. A limited number of sreond cabin
pasaengeis will be taken aud found. Her between decks ia
larici* au<l well vtiiitilated for the comfo.t of steerage jusnenffers,
which will be taken on moderate terms, liy applying to
P. W. BYRNES U CO.,83 Southst.
_ N.B.?Persons desirous of cugagiug pissage for their frienda
In the old country, to leaVe Liverpool in the above steamer,
c m do so on reasonable terms. s2SI0t*r<*.
about the 12tli of October, (the positive day e
w'" I" atated hereafter.) the new and pow- t
"^tjJgliifflyLJ^etlul Iron Steamer GUADALQUIvEH, a
^^^^^^* 600 tona measurement, built in Liverpool, c
Her cbins are now being fitted up. with every regard to com- c
fort, ventilation, and elegance, and the table will be liberally
umi.icu uuucr me su|icrinienueDce 01 proieiieu cook*.
Fare* $70 in ?tale Rotnu on Saloon Deck?$60 in forward
anil aft and upper deck cabin*, including wine.
Kor further particular* apply to the conuguee,
(14 30t*m F. Ml. 81MOND8. 43 New it.
iH^iiid from Liverpool, |>er Black Ball Line of 1'acketi,
MSflfcnnd Kemittancea to Ireland he.
The well known favorite packet ahip OXFORD will
(ail for Liverpool on Friday, the lat of October, her regular
day. For terint of cabin, tecond cabin and aterngc pnsa->ge,
applv to Capt. Ooedinauaon, ou board at loot oi Beekinan at.,
o'm the subscriber*
The NEW YORK will (ail from Liverpool on lit of November;
paaaage can be engaged to come from the old country
by iliia ipleudid ahip, or l?y any of the packeta of the Old
Black Ball Line, to sail from it ou the 1st and Ktti of every
mouth, by applying to u?.
Thoie remitting money to Ireland, can have draft* oa
PRE8COTT. OROTE 4c CO., Banker*, London, which
will be paid at the rarioui brauchea throughout Oreat Britain
and Ireland. Apply to
No- Vj Fulton atreet. New York,
next door ro the Fulton Bank,
Only authorized patseuger agent* for the Old or Black Ball
Line ot Liverpool packets, and have no connection with any
other hnu.ie in thil City. ?23 re
jriMc- I'OK Ll Vk.Kl'OOL?To Mil with de.natch <he
I^E^fmt elan, Cutniliug regular Packet Ship WATKR HBhLOO,
Capt. Allen, burthen 1100 toui, will iail a*
aDove, luviug ver> *U|?f.ior accommodation for cabin, *ecor.l
cabin and ateearge panengarn. Peraom about embarking,
should make early application on board, foot of Maiden I-aue,
or to J. Me MURRAY.
corner Fine and Soath aireet*.
Pennn* deairou* of aeudiug for thrir friend* in the OM
Coui.try, can have them brought out by the above ipleuifid
vetael, or any other of the rerulitr line byapplyirg. rrc
^SVWship ST. NICOLAS, Eveleigh, Master, will lai]
JBSmKbou the Ut of October. BOYD fc HINCKEN.
? lonlr U Wnll ?rr??lfitg
FOR LIVERPOOL?The New Line?Re*utar
WEMVPacket ?l 2ln of October ? Th- iui>eri<ir new lust
MNK*?'aili?g packet ihip CONSTITUTION 1500 ton*.
c.ii'i?iu John Britton, will sail a* above, her regular dav.
For freight or ife-utage, having iplendid large and comfortable
atate room and cabin, apply to the captain ou board, pier No
2, We*t*ide ofBurlingalip, orto
WOODHULL Ik MINTURN, 17 South ?. *
rnce ol iiuiage fioo. "
Tbe packet ship HOTTINOUKK. 1100 tou?, CaPt. Buraley, *
will au? cerd the Constitution, and ml on her regular day, Mat fi
>f Vovember ?23 v
NEW ORLEANS. The following well known, t
Hb^t sailing and favorite packet ahipa liare aceommo- K
Jati.ua unsurpassed for cabin, aecoud cabin and steerage pna- L
aeugera, and will i oaitively aail u advertised, or paaaage free,
The UNION. Cipt. Koater. September *7th 11
The OSWKOO. I.api. Ingeraoll, October 4th. t
The UALE.N A, Capt. Deunb, October 11th. I
i'er?ou? wishing to proceed to New Oneuna, will do well 0
oaeenre pasaageny either the above paclceta, aa thev are >11 Q
jrat claaa ahipa, commanded by men eiperienced in the trade,
i nd will aail punctually on their appointed daya. To aecura
htrtha, apply on board, or to *
a23 W 8c l.T. TAPSCOTT. MB-.nrhat.
nkw link ok packkTb.To a>d kk .m ?
aflTJt^VLlVKKI'OOL ?The aplendid fiat aailinc and 1
MifiBlbfaTorite ahipSHERID AN, Capt. (j B .Cornuh, will ?
p, sititelv aail from New York on Mouday, Sept. J7th, and o
from Liverpool on the ltth of November. Peraona about pro- ^
reeding to Kurope, or ihoae wiahing to aend lor their frienda, >
should make early application on bo->rd at the foot of Wall
atreet, or to W. k J. t. tapscotI". "
a?2 rc 86 South street. *
iHJK OKFIUF. in ecHMciion with OKO. RIP- 0
Mmm* PARD It SON, 134 Waterloo Hood, Liverpool '
Pa 1 tuna wishing to aend for their frienda in the old o
countrv cui secure muiic in any of the following new line t
of pai keta, aailiug from Liverpool on the 6 th of every month, j,
rii_ ,,
CONSTITUTION, l-AOO tona,Capt. John Britton.
<iUEEN OK THE WEST. WOO tona, Capt. P. Wood.
h >nae. ?
LIVERPOOL, 1,130 tona, Capt. John b Idridge. g
HOTTINOUKK, 1,000 toua, '"apt. Ira Buraley. >
Geo. Rippard It Son are the only agenta in Liverpool for the c
above line of packeta, in addition to which they deapatch a
firat clasa ahip every week. *
Peraona aending money to their frienda in larjre and amall f
amouuta, can be accommodated with drafts on the Belfaat "
L??iiHiiik isvmynny, nuu meir ounuyoat orwchfi in Ireland; i
alio on the principal bank* in Kngland Scotland, and Wales r
Apply to CARLI9LK k HIPPAR6, I
Mil 5S B'.urh itrf?t, eor. of Wall,
South irft.?Pen ui wiijing b> aeod lor their
JHNKe fnenda in the eld aunatry eau wear* paaaage
a reiuonable term*, by nny or the magnificent ahipe "
comprminc the new Line of Liverpool packet*, vix:? n
CONSTrrijTlors, I750 tons, Captain John Britton. d
QUEEN OF THE WEST, MOO tont. e?pt. P Woodhonte tl
LIVERPOOL, 1240 ton*. Captain John Eldridge. u
HO 1'TINOUER, I1J0 torn, Capt. Ira Bnraley, ?
ruling from Liverpool ou the Stn of every month. Puivt
Miwki aeenred by the St. George'e Line, or the Union P
l.ine ol Liverpool pn?nteta, making in nil a ihip ereiy fire 11
daya from that port. For further particular! apply to t
W. It J T TAPftCOTT. ai
JyJ* M S.mih M'eet, New'l ork. gi
?OR 1^1 VKRPOOL?New~Une?Regular pack e
>5BBVal of 36th of October.?The new and irlenHid fait- t
tailing packet ahip ?MRK|('K. < ap am B.J. II. ?
Traill, *ill potirively >ail aa above, her regular dt.y. ?
For freight or paatage, having handsome lninuhed aceoMncxlariotti,
apply on board, at Orleana wharf, foot of Wall '
t^eet, or to K COLLINS M Sooth at. 11
The pneke' thip RORCIU8, Captain Am Eldridge, will p
necaed tha Uarrick. aad aail oa the M?h of Nor., her ratrnlat
d?? i a?<_ (j
FOR NEW ORLEANS.?Loniaiana and New *
J^B^V York Line of Packet*? Poaitively the Ar>. and q
flIHKaoiily regular packet to aail Monday, October 4th?
The aplendid faat tailing packet thip OSWEGO. Capt. Thoa.
Iiigertoll, will poaitively aail aa above, her regular day.
For freight or paaaage, haviaa handtome formatted accoro- Bl
modallona, apply oa board at Orleana wharf, foot of Wall u
ttreet. or ro E K. COLLINS, M South et. c
Poaitively no freigh' will ba received on board after Satnr- h
day ereniug October 2d. H
The packet ahip CLIFTON, Capt. Jaa. B. Ingeraoll, will |
*an~*ed tr>? Oawegn ami "it wwpln ?fa? ajg 1
~SSS FoRBAMBAOOil, October J from Philadelphia! tl
JHWyThe regular packet hak KINGSTON, William ,
JMUKaBowen, maater, will aail sa above. For freight or ;
uua?ge. iiavingtop-rior fnrm-lied Mate room*. apply to 11
JOHN M. SMITH It CO.. IM Broad at., cor. Front. ?:
>1) I Si* rr li
CHXaM EINGI5E?< 'tm inm engine of Two home "
O power, eomplete, with locomotive toiler attached, all ia u
good order, for tale low. R. HOE Si ' O, >1
10 Utvr *>???< II Hold irr??? w
EGa.R F U EK E81 ftA N 01 EH? N o w landing at Pjer 7, w
N. R.. from ahip Mary Francia. fiom Bordeaui. ti mck- ai
agea ef the abovt i\rll kaowu Uraadiea. direct from the bonae it
of the auher.riber in Fraae?, ri* C'oguar, "Leger Frerea " Ar a
magaac, " Star," Bordeem, Henry L. L. f. hatanette and Ro- ,
t belle Lafai etie brand*, pale and colored, in half, quarter, aad u
eighth pirea. . .... _ . . ^? .
Alto. IJ quarter caaka W hit* Bruady, of anpenor duor, fir "
preaervea. ... ... . . ?'
Alio, in atore, entitled to debentore. a full aaaortment ol the i|,
above BriuiHi??,of v^rionaviPtageilrom IMT to lift. Sain- ^
plea at the office 101 Wall atreet. mrtt ol
att)it*re HIIKT LF.GER. JJ
PAIN ii.'.l ?S?A umaiieolTeetion of rare ?ud good faint
ini'i. b, the old ma ter?, in perfect order, aud liaudtomely
framed, f.i' Mle nt 41 l.ih*rtr I'reet. Two or three line hiato- "
rieal pictnrea, lindacapea, fco. May be aeen evety day from
till elm t. a-.*0 1ttt?re tl
R~EMOV AL ?BOULANOER haa the houoi ro inlorp the ?'
public aud her pa pi I a, tlwt alie hna removed ii? No. 00
Green wich atreet, and lb"t her achool will r?-opaa the nrat '
September, Terma. the aeme u fnnnerly, pwr*kle la advuee, w
yth?j>T ther ei i*a?m. vrmtei TWy^ taafjuha u
w rc
Pho Report of the Commissioners.
"o the Honortm.e ihi: AuiMiLf
In c >mnliane*? with a >*tolntlon paaaed by youf henoahie
body ?> the Hth of September inatmt, mjukrinR
h* Coiniii'ntiouera on I'rao'ce mu.1 Pleading*)* r?port
profcreHi'. if a y made In the dii>chwi{e of their July,
ti'l at what time they will probably be *bl? to report tne
ttbult of their doing*, for the onnaideration of the
ituro," the undernigned, a majority of the aal<t t'.omlUftoner*.
r*Kp?ctfully ?uv rait the following report:
Im mediately after our appointment, we entered upon
uc lurmauur ?i iuo uuvirn AMiguuvi utt, wivu n uirp
suse of the responsibility which we hu<l wumwl. and
rith a ttriu determination so to execute the trust oomaitted
to our bands. an to meet th? reasouahle Mid just
xpectations of the Legislature and the people It ran
oarceiy be necessary to rennrk. that the tack devolved
ipon us is one which re<|uires the utmost caution and
Ircumspectlon in every step of our progress towards Its
ouipletioo Independently of the consideration, that
II the Introduction Into the system of legal procedure,
f a serifs of new and untried rules and principles, we
nust naturally expect to encounter the honest prijullces
of those whose office it has been either prolV?sfoully
or Judicially to administer the modes of proceeding
tow in u>>e we caunot overlook the fact, that innovation
s not *1?ruya t-ynouy mous with reform, and that we are
ailed ui'On by tne highest conoid-rations of wisdom
Lnd pulley, not to ahrogate that whiob is known and uubrstood,
wittp ut the Htrougrst assurance that a better
ysteiu can bo substituted iu its place. To thia consids
stion we r??"lved. from tho moment we oommaiiced our
a bora, to give Its full and juat weight: and it, ia tne perormanoe
of our duties, we may seem to have Ijeen less
iroinpt than was desirable. in presenting oar flews to
he Legislature, we trust that our delay iu tbla respect
rill be attributed to no other motive than a sincere and
earnest desire to render the result of our labors justly
icceptable to the community. Distrusting aa we did,
vithout affectation, a reliance wholly upon our own
udgments in the matter, we have sedulously employed
be period since our appointment, not merely iu repeated
onsultationr and discussiona, and in reducing our variurt
views to the form of enactments, but in resorting to
very souroe within our reach by which we might be enble
to profit by the experience of other States and counries,
and by the reflections and writings of the bast and
tisest men who have directed their attentlin to the sub
entot legal reform. We have clone no, not only with
tit; view of strengthening our confidence In the expedincy
of the changes which we might eventually propose,
ut for tile purpose of presenting as we design doing in
ur future report' the suggestions and experience above
i ferred to, as tending to commend those changes to
he favorable consideration of the Legislature.
The leading object which at the outset presented itself
o us, was definitely to fix the general principles upon
rhich we should proceed to the completion of the work
iefore us. To this subject we have devoted much time
n4 reflection, but not more than, In our judgment, its
mportance demanded, l'or the purpose, as well of
arefully surveying the whole ground, as of attaining
be concurrence of the entire commission in the result at
rhich we should arrive. In the latter respect, we regret
hat after the most full and frank interchange of opinon,
we have been disappointed; and while we feel a conidence
that the outline s of the plan we design to pro>ose
are preferable to any other which has been considred
by the commission, we are compelled to admit, that
hat confidence would have been greatly enhanced, if
>ur colleague oould have brought his mind to the same
>onclusion at which we have arrived. On our own aclount,
we regret that his d!0erence from us upon the
lardinal principles of the proposed system, should have
ed him to the determination of withdrawing from the
.ominisslon. From his /.ealous and untiring devotion to
he objects for which it was created, w< have already
lerived most valuable aid; the contlnuanoe of which we
lad anticipated from his further oo-operation with us In
>ur labors, In assisting us to render more perfect the deails
of our svstem, in nresentinc to our minds difiloul
lea which we may not foresee, and yet againxt which we
liould provide, and in bringing to our aid the ?tores of
til learning and experience.
In reflecting upon and dWcussing the general princilies
upon which we should proceed, the first step was
urefully to examine and consider the line of duty precribed
to the Commissioners by the Constitution, and
>y the act of the Legislature by which they wereappolatid.
and to give the fullest effect to the intentiou nt the
undamental law and tbe superadded will of thu Legislate
upon tbe subject. We were not ignorant of.uorooulJ
v? overlook the fact, that the delays, technicalities and
ixpensivenet-s of legnl proceedings, had long beeu the sub
ect of complaint, not confined to oases of individual
grievance merely, but aimed at the system of legal pro:edure
It sell; and that notwithstanding expedient after
xpedient had been adopted by the Legislature and the
sourts, to remove the acknowledged justloe ot thai complaint.
It still continued, not only to exist, but to insreasa.
until th? framersof the fundamental law. neither
lisposed nor able to resist the public sentiment, had been
compelled to embody in the Constitution a dernaud upon
Jie Legislature to provide for the slmplificatio as wel.
if the body of the law Itself, as of t -e modes of prooeadng
by which it should be administered. We were. tb*?<P
'ore, less dispoted than under other circumstances we
night have stood justified in being, to criticise narrowly
he terms, in which, both by tbe Constitution and the
itatute. the duties of the Commission had been prescribed,
and deemed that they could alone be faithfully dis
barged, by instituting a thorough and rigid scrutiny In
o tbe detects of the existing system 01 procedure and
ilrtadiiig, and thu recommendation ot a remedy which, it
t should incur the reproach of being radical, should po#ess
the redeeming merit of being neither superficial nor
n adequate
Such a remedy, (for reasons which will be briefly sug sted
in this report, and which will be more lully preen
ted hereafter, in connection with the particular proisloni
wo design to submit,) we believed could only be
Dund in tbe adoption of an entirely new system; which,
rhile it should wholly abrogate such of the features of
he preseut remedial law as are unnecessary, should at
he Sdme time carefully preserve and embody all that the
xperlence of the past hac shown to be valuable aud conuclve
to the prompt. vigoroun and cheap administration
f justice In this belief we have been strengthened as
ur investigations and labors bare proceeded The ?ysem
of procedure by which law is administered dl ers
rom the law , ltselt in this,?that the latter la a body
if elementary rules founded In the immutable prinolples
f .juMtice; drawing their origin from the oblations
rhich divine wisdom has imposed upon the relations to
ach other in which he has placed bis creatures; and
xpanding according to the wants, necessities and estencies
of society, but admitting of careful restriction by
luiuan laws, though having a source far above them
rhile the former consists In its very nature, but of a body
f prescribed rules, having no source but the wiU of those
iy whom they are laid uown, and Invented by human
Dgenulty, as the mere means or forms by which rights
re to be enforced and justice administered. It may be
hazardous experiment, with a careless hand to innovate
ipon the one,?but. In the other, the peril ot an unsucessful
effort at reform is not *> alarming. That It
hould not be attempted without the reasonable promise
f an auspicious result, we do not deny; nor do we mean
o treat with disrespect the reasons which our late colsague
has placed before your honorable body, as those
ipon which bis withdrawal from the commission is based
1'he positlou that a proposed change is experimental,
udden and general, In our view constitutes no just ar;ument
agaloht its being made, if it be, at the same time
ound and wise ; and especially when It refers to a body
if mere prescribed aud arbitrary regulation. It may,
,nd undoubtedly should, lead to great caution on the
lart of those by wbom the Introduction of an untried
ystem Is attempted?but it doe* not show that the thing
iself la impracticable. I may prove, according as the
esult ot our labors may be, that the State has been un
nrtunaie in tue selection 01 inn agents 10 W11UM nanus
0 delicate and responsible a trust has been committed ;
at It would be aii unjust ntattaOM the intelllence
of the agw to regard it a* ustabliahmg the conciuion
that the mere machinery by which law in to be adiinl*tered?the
regulation* by which the orderly conuot
of legal controversies la to be governed?constitute
he only exception tot ho progr?**ive power of the human
liod in the improvement or every art and scicnce upon
'hioh it* energies are employed. Our individual iucotneteney
to the tank, we may admit; onr ultimate failure
:> accomplish it, is not improbable; but our faithful and
ealbun efforts toward* It* accomplishment we are revived
nelmer to remit nor forego. And we can only asure
your honorable body, that should It result, upon a
Miislderation of any portion of onr plan by the Legislate.
that we have tailed in the object at which we aim,
re khall most readily and cheerfully surrender (he comllssion*
with which we have been honored, that they
lay be placed in the hands of uien more able, but, we
runt, aot lee* willing to respond to the Just demand* of
ublio sentiment.
Nor aril we disposed to regard a* undeserving of con*leraliou,
the position assumed by our colleague, and the
nunduess of which has been pressed upon us from many
uurters entitled to the highest respect, that this end
lay b? effected by grafting upon the present system
uch amendme ts a* experience lias shown to be nee*stry.
but in otherj^MMeaving that system entire and
ndlsturbed. Bifl^^^Vto our minds at least-a sufllirnt
answer to tHi^PofKsition, In the failure whioh has
itherto attended such attempts, not only in our own
tate, but lu every State in the Union in which that *ys9m
prevails, ana in Kogland, Irom whioh it hes been
orrowed. Krom the earliest age* of the law, effort* of
Ills kind have been made by legislative Interference, end
y au occasional determined disposition on in part of
tie courts to relax a portion of the rigor ol tb- exiiting
ysteui, and to make it beud to the great object for whicii
. was designed And yet the expeiletice sud oliservt
on of the uandid among tlie 1 egai proiession will l> >r
* out in the assertion, that the result Uas been to T< .1
er what In its iucepilori wa* designed to b?, and
hat in It* praotiowl working should be, merely ttiu
mens of enforcing rlvht and redressiog wrong, an astute
nd subtle science?technical and reflued apparently for
* own Maae?and, It I.-, uot too much to tsy, in no >mail
egree subversive rat On than promotive01 theeud ol its
The dangers which are apprehended, from the attempt
> embody the rules of practice and pleading in the torrn
fa complete system, we oannot permit ourselves to beuve
are, to any grtat extent, well founded On the
?ntrary, It is our lirm belief, that even if the principle*
1 the aid system were to be retained without alteration,
would not only be desirable but necessary that they
louldbe collated and condennud in a form calculated to
mder them intelligible and simple. As it lio'v stands,
is composed of disjointed part*, *0 widely scattered
trough statutary enactments, rule* of courts, *nd a long
iune of judicial decisions, both in Kngiaod aud in this ,
late, that an investigation of any branch ot It Is a work '
' the utmost dlfllonlty and embarrassment Indeed,
* do not hesitate to express our confidence that there
r? rsrjr fsw to the legal proltoaloD, however prepoeeeet- |
JJ-J.U - 1 - -JBS
ed thay may lie in furor of it continuance of the preH?n'
ftyateu) wlm will not a^rtn with tig at leaft in tbll. that I
these dlfltmltle* anil uiharraiiamxiiU are often produe- i
tire of thu most ifliiriuij injustice in the determination of 1
legal controverted <
The learning with which our books are filled, in. in a ' i
great measure, made up of dl?"U'*iong ol' question* very '< t
remotely, if they caa lw at all uou?idered an bearing upon i
the real uia' ter ill dispute ; and tbou'andN of reported 1
oaten are uo?v presented lo the lawyer and the student. a* I
the sources to wliirh. with the aid of elementary works l
and digests, he must reaort. if he would acquire any un- |
derstaoding at all, to uay nothing of a thorough one, of I
the rule by which he must govern himself in the mere 1
formal business of a tuit. of the rant number of con <
tradlctions la judicial determination upon these tub- , j
jects, which continually present themselves. both the
har and thu bench, wherever tho system prevails. have
united in loud ami bitter complaint Tne legislative
j.uwci ...n niiu uier n^iiiu. cxtrii'U id remove I
the evil, hundred* of statutes havii been passed. modify
lng, aiueudini? nr abrogating portiou* of the syctein
These, In turn, have led to renewed discussions mnl to
ne* construction#, not ?1 *?v? in harmony with the ppirit
of th? legl?iative will ami ?Uii? in morevnot always cousistent
with thi-mu'lx-H.
Wo feel assured that no one, who U in thelea?t fumlllar i
will) the subject. will eonlrudlct what we have said: '
and yet thi-ro are many, whoso opinion* are not to bo ,
lightly regarded, who suppose that a revision and con- 1
densatlou of th'B brauoh of legal U uining. and a reduo- 1
tlon of its principles to u series of rules. plain simple and
intelligible in language and arrangement. and conveniently
accessible in form U a work attended with too much
danger to justify the altempt?uud that a syelem of
amendment Is the only wine or practicable course. The ,
conclusion of our winds has become otherwise. With a j
becoming respect for the opinlous of those who diBer ,
from uh, we can discover neither wisdom nor experience i
lu the idea that a simplification of the existing system {
cnu be effected by introducing iuto It a .series ol' dls- j
jointed amendments or alterations The experience of 1
the past abundantly admonishes us. that such a course j
would but add to the confusion which uudeniably alreauy
exist*. The amendments would necessarily call <
for judicial construction. Tbe discussions upon them
woul I of course involve a recurrence to all the existing 1
learning on the subject?a comparison of the ancient I
rules with those of more modern origin?learned and abstruse
investigation as to the evil aimed at by the legislature,
and a course of judicial decision, which, Jf the
practice of the pest furnishes any ground lor (peculation
as to tile future,) may not always be found to be
consistent with the statute or with itself.
In these observations, we disclaim any Intention to reflect
either upon those who have occuoied, or who now
occupy high judicial positions; but at the same time we
feel bound to say, that there have been judges who have
affected to regard any legislative interference with as- ,
tablished forms as neither wise nor expedient, and who
have felt themselves justified in giving the narrowest
construction and the slightest possible efTeot.to statutes,
amendatory, or ss they have been sometsmes called, derogatory
of. lhn common law. Much a oourse of action
U the result ot long association with institutions which
have derived their chlttf attractiveness from their antiquity.
and of a veneration for forms with which they
have been made familiar by a long course of legal training
and experience. It Is a tendency inseparable from
the character of the human mind and of which we cannot
be charged with disrespeot in speaking as we have.
nucu wo ubtq kuo uigti uiuuntjr in oir 1V1HU11CW IllLLti
for its existence soil pernicious operation *' By long
use and custom," *ayn that distinguished judge, - men.
especially that are aged, and have been long educated to
the profe??!on and praotice of the law, contract a kind
of superstitions veneration of It, beyond what U juat
and reasonable. They tenaolously and vigorously maintain
these very forms and proceedings and practices,
which, though possibly mt tlrst they were reasonable and
useful, yet, by the very change of matters, they become
SOt only useless and lmperteot, but burthensome and In- ;
convenient, and prejudicial to the common juftice and 1
common good of mankind ; not considering that the :
fbruis ana prescripts of iaw were introduced, not for
their own sakes, but for the use of public justice ; and
therefore, when they become insipid, useless, impertinent
. and possibly derogatory to the end, they may and
mu?VVe removed."
In ptildltlon, then, to the advantages before referred to,
attainable from the adoption, in l'orm, of a new system,
we hVre the assurance of an uniform aud narmonious
basis of construction. Instead of setting both the
bench and bar aOoat upon a ho a of embarrassments.
bucli as we oare sugguRiea, irom me adoption ut a plau 1
of umend-ient meroly, we tbink wo can saf<-ly promise !
ourselves and the public Hume relief from ut least a por- '
tion of the existing dilUcultieS It id, indeed, not to be
denied, that auy rysteiu, whether new or old. will con- '
stantly oali for judicial oonslruotiou. for the reason lliat
it will conatan'ly require judicial euforceineut and application.
But, if It furnish, an a now one should and
must. it* own standxrd and rule of constructiou.aii'l if it
be tak-n up, an w? ranuot doubt It will be with n itmpoeltlor
ou the part <-f the oourts to deal with it liberally
and fairly, to give it lull effect,And to briug it Into perf'ot
and entire operation as a whole, we think we cau
venture the prediction that the peril*, which Invariably,
in theory, but noi no universally in praorioe, attends
every new underUklng, will be l'uuud In this iuUauce to
have been overrated
In what we bar* thus far Mid, we have treated the
question, whether We should reoouimend a new system
of practise and pleadiug, or merely suggest amendments
to that which exists, as if we were at liberty to determine
this question ill the (lift instance for ourselves
We have d>>ne so, for the reason that, in the progrees of
our JiacDsslons, we felt called upon to (inquire whether
the language and intent of the constitutional provision !
under which we were appointed, authorised or allowed j
us to go beyond a system of amendment merely. By
a reference to that provlsiou w think it wi.i be apparent,
without a resort to furred or even liberal construo(ion,
but from the plain import of the language used,
that the Commission is not only not restricted, in
this respect, but that the view wn have taken of the
mode ef performing our duty is clearly enjoined upon
us. By that provision, the Legislature are required
to " provide for the appointment of three Commissioners
whose duty it shall be to revise, reform, simplify, and
a l.eidlVIt that rIIIAJ Eflll nrkf.t.iftM lll?>liinilll fl\*rr? an.l nwn
cei'dlngs of the oourtsof reoorlof thin State, ami report
thereon to the Legislature, subject to tbeir adoption and
modification from time to time " (Conrt Art. 6, Seo. 24 )
Tbe term* there u*ed, "revNe, reform, simplify, and
abridge," are the must comprehensive which could well
have been adopted; and, if any doubt could arise a* to
tbrir meaning, even upon tbe most reflned verbal criticism,
tbe answer to it i?> furnished by the aotion of tbe
i oovention in relation to that branch of the law which
in not comprehended wl'.hln the duties devolved upon
thin CommUalon. We refer to the seventeenth portion
of the first article, which provide* fur the appointment
ot Commissioners, whose duty it is made ' to reduce Into
- written and systematic code, tbe ahole body of the
law of this State, or so much and inch part* thereof as to
them shall deem practicable and expedient.11
Deeming, as we do, that tbe duties of that Commission
involve tbe whole subject of right*, and that thorn im- |
poned upon uh have reference to those of remedies. we
cannot readily auppoae that it was tbe intention of I he '
I onstitutlon to provide for the roditiration of that
branch of the law whloh wan founded mainly upon priu- j
ciplos of natural justice, and therefore moro difficult of j
reduction to the form of a code, and at the same time to '
leave tbe prescribed rales of proceeding to remain in tbe
scattered confusion In whloh It found tbem. except an
those defects might be remedied by equally scattered
and not less confined amendments In support of this
view, also, we think we nay confidently reter to the
sanction which the Legislature have given to onr construction
of our duties, by tbe provision oontalned In ,
the eighth section of the act by whloh the <:omminaloners
were appointed, requiring them to ' provide for the
abolition of the present forme of actious and pleadings
in cases at common law; for a uniform course of proceeding
in all osm-h whether of legal or equitable cognizance.
and for the abandonment of all Latin aud other >
foreign tongues, so far aa the same shall by them be
deemed practicable, and of any form and proceeding not
necessary to asoertain or preserve the rlgnts of the parties
Kor these reasons, we have corns to the conclusion that
it is our duty, and we are happy to add that It Is no
less our inclination, to reoommend the simplification of
the rules of practice and pleading, by providing anew,
and, so far as we can, a plain, simple, and ineligible sys- 1
tern In doing so. we are far from intending to shut our i
eyes to tbe light of experience, but shall gladly avail
ourselves of such portions of the existing system, as ex- j
nnn?n(*fl liai rrnwml in Ka nsaful I
words, as are essential to tfcu preservation and enforce
ment of substantial rights
The next Htep in our dUousaiona. fli the conslderation
of the subjects which should be embodied in the
proponed nyalein. Open this branch of our labors, we
nave not, as jet, been able to adopt a fixed order of arrangement,
but we are prepared to say,that the following
subjects will be aotad upon, in presenting our reoommendationa
to the Legislature :?
1. a revision and condensation of the laws regulating
the organisation of tba courts :
2 Civil actions, and their incidents :
J Irocaodlngi and pleadings In civil aotlons
4. Coats.
ft. Appeals.
6. Summary *nd tpeclal proceeding* created and rt- I
gulated by statute '
7. f'rooeedlugs In surrogate's eourta :
5. Practice and pleadings In criminal eases.
I'nder thesa general heads. It U believed that the
the whole body of remedial law may b? comprised ;
though, as we advauce la the performance of our task,
li may be found neoeesary to modify or eularge them
Our design, at all events, is to present iu as simple and
omtrly *rrang-d a form as we oan,tha subject* embraced
i' the above euuiueratlou Upon many of them we, In
conjunction with our colleague, have b??:n occupied ever
siucc our appointment, in the preparation of detaiKd
sections , but upon a portion of then), only, have we, as
yel. beeu enabled to coropleta oar proposed provisions,
so far as to enable us to recommend them for adoption.
We reler to provisions regulating the organisation rf
the oourta. tuetr terms, tunas and plates of basinet,
and to the J urladtotlon and baslnas* of county courts, the
details of whioh wu bavu not fully matured ; bat wnich
wo shall endeavor speedily to submit together with our
reasons for raoommeuding their adoption Our labors,
so far as detail la o<>uoeni?d, have aa yet naoenaarily been
in some measure desultory ; oar object having hitherto
been by tbia apeoln* of practical experiment, to test, to
our own satistaction, the feasibility r f the gener.il ?yli
iu upon which our views and opinions have siieady
b? ? n expressed, by Uaviog before u* tangib.e ai 1 distinct
pr< position*, designed to form the hisis rf the details
of a system of legal reform By these, rur diseii"sloes
and investigations have baeu greatlv laeilitated, as
w?U as oar anticipations of a practicable result strength- '
?ned and confirmed ; thoofh. for the reaaons already
mated, wa ara not yet enabled to report, In detail, any
portion of o?r plan for immediate legislative aotlon
11 1 -1 111 II s M
, 1847.
There are, however, certain cardiual principles Ijlng [
it the foundation of the system of reform Id proceedings I
ind pleading* In civil c^ntroversl"*. wblch have been
rurjr deliberately considered by every member of the |
lommlsslon, from (lie moment of their appointment and |
ipon which, aft^r the uiout earnest and patient lnvestltation
and discusiion. we have wiived at a conclusion
tdverae tn the opinion* entertained by our colleague
IVe do not deem it out uf place In answer to ao much of
lie resolution of your lienorst'l>' body a* requires us to
report the progices. if any, which we have made in the
performance of our duties, briefly to refer to them In
this report, though we propose ut this Lime to state our
riews upon tliim very generally reserving a more full
ilscussion of them until we are prepared to report the
provisions, in detail, by which we shall propose that they
be carried out.
The first of these principles is, the establishment of an
uniform course of proceeding (inoluding both practice
snd pleading. In all cases, whether of lej;*l or equitable
As the jurisdiction of law and equity existed in tills
Htate. up to the period of the adoption of the new Constitution,
vested in separate and distinct Courts It
seemed to follow, as a necessary oonsequenoe, that distinct
modes of procedure should exist applicable to the
peculiar tunctlons of each of those courts; though. In
our opinion, many differences in matters of practice
were recognized, which, even under the former distinctions
of juriidiction, were unnecessary But as these
jurisdictions are now established, there Is, in our Judgment,
no longer a necessity for a difference in mere
modes of procedure, in cases of the charactu r to which
we refer. Keeping in view the distinction, to whloh we
have before adverted,'between the rights of parties, and
the mere means by which those rights are to be ascertained
and enforced, the simple enquiry which here presents
itself, whether a mode of proceeding common
to Mil civil I'DnfrovvriiuB anil uilu..nu?u tn tV>..
i'uil in view, cm be safely and c nvenieutly prescribed.
We do not Intend in any manner to interfere
with the question of right between litigant parties ; nor
do we intend to discuss the effect of tne constitutional
provision Testing law and equity jurisdiction in the Supreme
Court, no far as that provision ma; be supposed
to affect substantial rights. All that we mean to say is,
that we are satisfied, upon the fullest consideration.that
there need be no difference In the form of proceedings
loading to and consequent upon their determination.The
object of every suit, so far as modes of proceeding
are concerned. Is to place the parties whose rights are
involved in it. in a proper and convenient form before
the tribunal Dy which they are to be adjudicated ; to
present their contliuting allegations plainly and intelligibly
to each other and to the court; to seoure by adequate
means a trial or hearing o the contested points ;
to obtain a judgment or determination adapted to the
justice of the case, and to effeot the enforcement of that
judgment by vigorous and efficient means.
This object is not peculiar to any form of remedy,
whether It be legal or eqaitable, or whether it fall within
any one of the subordinate classes of actions, as they
now exist at law, but is common to them all That it
oan be practioally attained in every species of controversy,
so far as the mere formal and progressive steps in
the conduct of suits is concerned, we will not now stop
to prove. We shall reserve that portion of the system,
which is one purely of detail, until we present the sped80
provisions designed to earry it into effeot. But it is
necessary briefly to refer to some points in which the assimilation
of law and equity procedure would seem to
be attended with difficulty.
The first of these is the subject of pleading. Tba distinguishing
feature now existing between pleadings at
law and inequity is, that In the former, the professed object
is. by oonoise and formal statements of conclusions
of fact, to bring the oause to a distinct issue, either of
fact or of law,?while In the latter, the facts of the case
may be stated without technicality, and with a minuteness
of circumstantial detail tending to establish the
proposed conclusion offaot in a manner forbidden by the
rules of pleading which prevail In courts of law This
distinctlou. so far aa equitable pteadiug Is concerned, has
resulted mainly from the peculiar power of a court
of equity In euforelog discovery in aid of the relief
sought, and in the necessity which existed for minute
detail, in order more effectually to probe the conscience
of the defendant. At law, with some unlinportaut statutory
exceptions, no such power exists, and heuee nothing
hut conclusions of fact have cither been prruittud
orrt<|Uired In pleading We propose to reduce the sja- ,
tew of pleadiug to one of allegation luurely. without reference
to discovery, in the mode which will presently be I
suggested; ho that the name form of allegation may lie ]
adapted to cases which have heretofore been distiu^ttished
as legal and equitable And in ord?r to pre* ent any
prejudice which might otherwise result from the necessity
now existing in equity for tho kind of pleading to
which wo have referred, we shall present a series of enactments,
providing that in all oases, either party may
obtain from the other a discovery under oath of all facts
neacssary to the prosecution or drfence ol the aoiion.
The second point of difficulty In tlm way of thu proposal
assimilation of practice, is the mode 01 trial ?
l'he constitution has provided by the second section of
article first, that " the trial by jury, in all cases in which
it has been heretofore used shall remain inviolate I'ur
ever; but that ajury trial may be waived by the parties
In ail civil esses, iu the manner to be prescribed by law;"
and by the tenth section of the sixth article, that "the
testimony in equity cases shall be taken in like manner
a in case> at law." Under these sections the Legislature
have power to provide liberally for references in all
cases in which that right haa heretofore existed, ax well
in cases of a strictly legal character a- iu those of iin
equitable nature which they deem can be more conveuientlv
investigated iu that made. In refereuce to thu
t-xerciMe of this pnw? r, we Intend to provide lor trial by
jury Id alt c.ises In which that mode of trial can be conveniently
adopted, unless waived by the parties
The third consideration connected with thin subject
in. the existing differences iu the form of judgine t and
ttie means of enforcing it peculiar to the court* of law
and equity. .luiguieuts in the former are, with very
tew exceptions, o< mpensatory, while iu the latter, in a
msjorlty of cases, they euibracc Hpecilic relief peculiar
to each cane. It la a leading feature of our propoaed
plan. to require in all cxea t judgment adapted to the
eatabliahed rights of the parties; and we oan see no difficulty
in Incorporating Into it, aa a portion of au uniform
aystein of practice, a form ol? execution which eh&ii
adapt itaelf to the judgment.
Independently, therelore, of the expreaa declaration of
the legislative will requiring ua to prorlde " for a uniform
courae of proceeding in ail caaea whether of legal
or equitable cognlzunce," we can see no difficulty, which
oanuot be readily overoome, In the accomplishment of
thia object; while in accordance with the direction thua
given to us, we can perceive no just reason for preserving
a distinction in the mod** of proceeding, the tribunal
in either case being the same The Legislature, in
adopting this provision, no donbt act upon the well
known fact, that in many cases without reference at all
to the merits of the controveray, parties had bten
turned out of courts of equity, becauae they ahould
have gone into courts of law, and out of court* of law,
becau.se th?y should have gone into equity. They no
doubt also correctly interpreted the constitution, which
had abolished a separate court of equity, and transferred
general jurisdiction in law and equity to the Supreme
Court, when they Instructed ua to provide for a system
of procedure which ahould obviate the evil referred to,
and secure the protection of righta, without reference to
uaneeessary and unmeaning forms. While, therefore,
we thall endeavor to reoommend nothing whicn shall
prejudice any substantial right, we shall devote our
utmoat efforts to aid in carrying this object into effect,
by reonmmendlng cautious | and well considered enactments.
The next general feature of the propoiud system, Is the
abrogation of the existing distinctions between forms
of actions at law. We are not Insensible of the
fact, that much apprehenaion has been expreaaed
In regard to an Innovation which has been deemed
so sweeping as thia. It would be tmpoaaible within
the limits to which we must confine ourselves in
this report to discuss tbe objections which have been
presented to us, on this subjeot, and we shall, therelore,
reserve them until It shall be presented In foyn
for tbe action of the Legislature We cannot forbear
adverting, however, to the faot, that, while these distinctions
nave been long upheld, as supposed to be neoessarjr
parts of the machinery of the law. *1 have not
been able to discover any thing in them essential to the
administration of justice. That they have been found
convenient, in many respects, is, perbaps, not to be denied;
but that they have been used to an alarming extent
to defeat justice, is not less true There Is no
branch of legal science embracing more abstruse and
curious learning, than that which appertains to the
establishment and retention of the forms of action.
We shall have ocoaslon, In a future report, to refer to
it with some particularity; but for the present we shall
content ourselves with observing generally, tliat tb*
practical operation of the rales upon this rulyect is, to
require the plaintiff, at the peril of failure, to denominate
bis cause of aotlon by some one of tbe arbitrary
names by which the different actions are distinguished,
and to bring himself, in pleading, within tbe technical
rules applicable to the form of action which he has selected.
If we could discover in the idea that these distinctions
should be retained, any necessary oonneetion
brtwoon them and the substantial rights of parties, we i
should hesitate to recommend that they be discontinued.
But wbau wt> look at tbe course of Ionization, botb la 1
Kngland and In thU State, by which, with a few exception*
oi no practical Importance, every real action ba ,
been resolved Into tbe single action of ejectment, and
many of tba personal actions wblcb formerly existed
have been abolished or blended with otbsrs. and above
all, when w? consider that it I* our duty, at no matter
what coot of time and labor, to provide for abolishing
every "ftirni and proceeding not necessary to ascertain
and preserve the rlghta of the p^rtlfH, * d> uot f*tl
at liberty to hesitate We shall accordingly propria
thai no aotlon hereafter to bx commenced need be <1e?iguated
in any procees. pleading or proceeding therein,
by any name, form or distlnctien of aotiou heretofore
known or now < listing; but that tbe only teat ol the
right of the party o.mplaliilug to a remedy such an Ida
oaae (ball entitle him to, aball ba whether In bis oomplaint
ba nets forth a sufficient legal rlgbt, and a violation
or withholding of such rlgbt by tha par!yooniplained
Tba only remaining sutyect U which * propose to
alluda, and one which we daem susceptible of moat
tborougb reform, 1* tbat of pleading Tbe pleadings In
n action, aa they are termed, are In theory, and lormerlr
were in practice, tba mutual allegation* of tba parties
They are designed to set forth tbe grounds <>f action ?.r i
defence upon which tha partlo* respectively rely, and to
prevent tb>-iu Intelligibly to tbe parties ,?od to the court
by which the controversy Is to be determined; io tliat If |
It appear that the parties dilTer|lu.their conclusions if Uw
upon a stat? of facts alb-geit by the one and admitted by
the oth"r, the matter may be referred to tha decision .!
Ih>- coui* and that If a statement < f matters af fact be
alleged by tha one which Is denied by tha other, the
truth thereof may be ascertained by a Jury or other |
proper for on, to tb? end, that the appropriate Judgmant ]
my to* gi?an thereon Thate p!aa41?g?, aa bow used I
, , 9
Prim Two Cmnta.
both at taw and in e.julty h?v? bacom* hy ?h? tubtle tie*
of pleader* and the retirement b of eounti uotion, ?o te ohnlciil
and llitrlnate a* to Ua*. rend-r-d It apparent t kit
the end* ?f substantial Juntloe r-,,u,re th? V?tlr? abrogatiou
of Ite pr- -*nt fy?tem. *ud the adoption of a net*
I'lie ba*ed upon the principle on whi^h pleading waa
originally founded and de*l*ned to apply to pleading* a*
th? only r-taodard of tbi-ir fortnal ?nmrinn<>y thu tent
whi ther they pi inly and intellig My preaent the matters
in iMUd between thu ptrtira, whether tboaa matter*
invol?e coueluaiou* of Jaw or of fact F?r t be accomplishment
of thin object, we art) well convinced after the
most thorough consideration of tha subject. no other
adequate m?au* are open to us than to provide for Um
entire abolition of thu t>vstsm, and the substitution in iu
place of one which ahall rant upon, and at tha s*ine time
fully carry out, tha objeot for whioh pleading la da
it would be impossible, without swelling thia report to
a length unueceasary for our present purpoaa, to aat
forth the abaurd tacbnioalltiea with whioh thia branoh
of legal procedure haa been surrounded Their existence
baa been admitted and depreoatad by Juat and enlightened
lawyer* and judgea, l'rom tha earliest agaa of tho
common law LeglRlation haa been reaorted to and ap..1f
at... a V. ^ I Knt In va In *
|>uru, -.? llir pur|ruin ui uuiihiu| iu? ? --?i
until the system h?s become so burtbsnaome. oppressive
?nd unjust. as to demand, what w? are not disposed to
believe the Legislature will withhold, the molt vigorous
and warehing remedy That thin can be effeuWd by
retaining the old system, tvi-n a* the bail* of a new on,
we do not believe Thin mode of reform baa teen often
attempted, and baa aa often failed How far tbia failure
baa been attributable to the I veterate prejttdloes of
court* and lawyers, against innovations upon a system
to wbich they have clung with a pertinacity aim cat Incredible,
we will not pretend to say
But we feel it due to a sense of candor to remark. and
in this we challenge contradiction, that the moat liberal
system ot relaxation of its rigor, and the moat sweeping
provisions for the disregard of immaterial defects in plead
ing. which the wisdom ot the Legislature baa been able
to devise, have been frittered away by construction, and
have been in effect judicially repealed For ouraelvea,
at least, we are not disposed to try the experiment of repairing
the existing system. We believe that the true
mode of attaining an issue between contending parties,
is to require tnem to present their allegations in a clear,
concise and intelligible form We believe that this object
cannot be attained, until the present fictions, technicalities
and verbiage, are entirely swept away. And
we will not so far distrust the intelligence or integrity of
the bench, as to suppose that they will withhold their
countenance and support from a system, wbicb shall
substitute common sense for it* foundation, and the administration
of substantial Justice for its end.
Tbo system of pleading, which we design to propose,
will be substantially this - that the pleadings shall conxlst
ot a declaration and an answer which shall set fortb
the facts constituting the cause of action or defence,
truly, in plain and oonnlse language, and in such a manner
as to euable a person of common understanding to
know what is intended. The Ingredient of truth in
pleading to be attained by providing, in proper cases,
for an affidavit at least of the belief that the facts alleged
are true. All matters alleged on either side are
not deemed on the other to be taken as true. No other
pleading than the declaration and answer tp be permitted,
excepting where new matter is set up in t^e answer,
in wbich cose it may be denied by replication.
In thus stating the general outline of the proposed
system of pleading we feel tbat it la but juit to ourselves
to say that its merit* and efficiency can only be
touted by the details with which we propone to invect it,
and which have not as yet bee* sufficiently considered to
lie hero presented And we can only add, that we shall
devote our best reflection and most faithful effort* to
render it at least not an unsafe substitute for what in our
judgment can neither b? retained nor amended.
The result then of our pi ogress thus far, la a determination
as soon as practicable to recommend to the Legislature
the following proposition* :?
1 The establishment of a new system of practice and
pleading instead of a plfui of amendment merely
'J. The abandonment, of the distinction between the
modes of proceeding aud pleading, in eases of legal and
equitable oognUance. aud the adoption of an uniform
Hyftem, as applicable to iUl cases.
3. That the distinctions of forma of actions at law be
no louger retained, and tbat every action rest upon It*
own facta, aud the law of the oase as applicable to the
rights which It involves;?Aud
4 The establishment of a new syst m of pleading,
baned upon the principles wbtoh have just been stated.
In conclusion, we beg to ensure your nonorable body,
that we eball proceed us rapidly as the delicacy and dlffl
cully of (he task we have assumed wilt allow, to the completion
of the details upon which we have long been occupied,
ferrying out tiie views and "Injects prrsented In
thit report In proceeding towards the completion of our
la >ors. w<- shall respectfully claim, as we uoubt not we
will ruaully receive, the patient indulgence of the Legislature.
Respectfully submitted.
Ai.uanv, September-ib, 1847
Affairs i.n Canada.?Turn then to Canada,
Mini tititrk here the change in public sentiment on
maov lii'.bi-tf.',: It Is but vueterdav that the trade with
our neighbouring Btate*. or the adml'don of their manufacture*,
w*? viewed with jealousy. If Dot III fooling.
Now, wo aru about to admit tbe production* of tbnlr Industry
mil eiiterprlca on an equal footing with those of
the mother country. Nor haa this change la our oommerclal
policy beeu unarcoompauisd with a oorrespondI
log enlargement ol friendly relation* In our *ooial fa brio.
A marked improvement in hero perceptible alio, wbiob
must, ftum th? nature of the cane, continue to Incraaaa.
Many of our young and enterprising Canadian merchants
have taken up their abode In tbe Ureat Metroj
poll* .of < omuiorce," and continue brannbri of their
firms in thin city Self Interest, the toucbatoue of all
human action, will thus encoder a reciprocity of good
feeling under tbe fostering hand and tbe golden links of
commercial Intercourse old prejudice* will ba worn
away, and In their stead new relations of friendship and
attachment established and confirmed Thus, by da
grees, and almost imperceptibly, will the cnn&nity of our
new commercial relations of necessity work a change In
publiu sentiment ; and within a few years, be who live*
to see it. will confefa with astonishment the inroad*
which " the Universal Yankee Nation1' will have mad*
on our custom*, taste*, and attachment* It I* hardly
necessary to remark that a progre** of event* such a*
these, in a country bordering over a thousand miles on a
people who thus, by dint of superior enterprise and (kill,
subdue such obstacle*, must b? fraught with Important
issues The question will likely be asked, How do these
American* thus become the usurper* of our trade, and
in some instances actually come Into (anada. purchase
the raw material, and return it to u* manufactured. p*yi
ing duty both way*, and sucoe*sfully competing with our
own producers ? Nor will any answer to tbi* query explain
others no less perplexing ?how laud on one *1 J* of
latitude 4o can remain unsaleable at a nominal price of
"is. to 10*. per acre, and right opposite, on the other aide
ol tht* mere imaginary line, within gun shot, be In quick
demand at as many pound* per acre' Our Tillage*, too.
r MllUlb ??v MTM1 fc? IMIUK WVUt.sni.u. R<i TOIBH.I, aHU ty,
a* compared with those rigtitopposite,on 1dm American
frontier. I.ook at titanstead and I'erby Line, I'resoott
and Ogdensburgh, Hu"'?nntowu and l.ewiston, the two
sideaol famed Niagara, l bippewa and black Rock, Kort
Krie and Buffalo; cross over here to this latter " City of
the Korest." and w? the contrast! Railroad* by the
thousand mile* In rapid extension, whir to our Military
fumed fourteen mile* between l.apralrie and Ht Johns
we have pot added a mile of locomotive powe.- In fall operation
for twelve yearn Dut We think we bear the common
reply to (uch reflection* Ob. the people of Canada
have no enterprise : the Americana are a go-abaad
people."' Yes, they are; but there 1* no effect without
a o*u?e. They have within themselves the element* of
their own enterprise?the free adoption of law* which
regulate their charters. Imperial Interference In Canada
ha* checked our enterprise Our Governor can aanction
no railroad bill* without tb? line of bis precipe instruction*
; and our home authorities have intimated
that none will be granted unless 10 per cent of the
whole capital la subscribed before the Introduction of
the bill Let the boaated American enterprise be trammelled
by such conditions as these In a country where
capital baa eo many source* of employment, and see If a
corresponding effect would not speedily appear In
Kngland, where capital ia abundant, such legislative interference
maybe right and proper, but here, where,
with the beet of stook, we have actually to aollclt subscription*,
how pernicious Its effects must be ! And. o#
the sam? grounds, we think every disparity we have
I alluded to can be eiplalned Do we want a bank, our
i charter pssses both house* but to go home, like the
I '.Merchants' Bank 'charter, and add^ one non to tho
dlisty shelved < ans(II*n rnaners in me i nuim?i \jmrv.
And ail thin l? not tyranny ' Oh, no ! it I* only a polite
way our Imperial master* have of aaylng, " Don't jou
wi*h you may net It, gentlemen ?" Out, to be aerioua,
we >lo nay. that under any oiroumatancv* It require* bat
n partial endurance of *ucb conflicting despotism on
thin free continent to alienate the best affection* of a
loyal people We *ay " under any circumstance* and
ti"? numb worn an under Iboae wa have detailed. wlieo
coupled with the Impediment* and mismanagement
which aeem Inseparable from oar oolonlal system at
home. and to which, wa lament to add, the Sordid and
debasing administration of affair* bare, which for the
lait few yaarn baa stained the hiatory of tba colony, and
obstructed tba developement of Ita "nergleaM^ntrral
vuot, Stpt. as.
News from thk Pacific.?By tho arrival of
the royal mail atfainer from Jamaica, the editor
ot tba LHann Hr la Mar ma, of Havana, la In possession
0.'laten from Valparaiso t? tba 27tl? of July
A law h u been prnpoeed to regulate the coinage of tba
country upon the ilecimil lyotern, without excluding the
praaeut cutulalintf medium
\ yreat rarl ly of measure* have been Intr >duoed
In.i' < imiOi-M Important local reform* and interval
Improvetueot* I'h re ?> a prospect, too, that the *pe<
ij>i prn il?tfe? of the deputies and Senators would be
1 abo.lsbej, tome >ln(io a lawa repval>d. tiew tribunal*
cr*H'*<l, and Judicial | ro??rdiiiira improved Altoge bar.
we have a very favorable picture of til* tranquility aud
j rut? i use of the Houtli Vmerloao Keput-lio
\ be napera of Chill giva nawa from Otahelte to tha
U'.h ol June. According to them, tba new Governor ap
pointed to tiia frwb Uownmant.hsd entered upon tba
ditchaige of hi* dutlea in th? rniua of the uunoat tran
quilny <}ua?u I'omare had been ree-ivad with #reat
honor*, and a grant of 000 made to her
Affairs in thk Lkoislatcrk.?In the llouw, a
bill wiih reported Hiithoriain^ the eatatiliehni' ntoj
Maviuir Hank*. The General Insurance bill ??< r? ported
complete, and ordered to a third reading The r? port < f
theoommiaatoner* on Practine and Pleading* will b? found
elsewhere t Ifteen times the u*ual uutubei will be or
d*red printed Tba bill providing i?r the e|eetl< a af a
1,t tiovernor passed, Ti to II 'rt? Tw n*nk ia* bill
| wa* debated, but before tba question wa* tektt We
I House adjourn-' .1tbo*y Jturnal B'fi Jf

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