The New York herald. [volume], January 30, 1854, MORNING EDITION, Image 4

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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MORE GREAT CONFLAGRATIONS.
NEARLY 1 BLOCK OP BUHBlNflS DESTROYED.
A Large Number of Fopr Families
Rendered Houseless.
LOSS AND INSURANCE.
ti
igiin our city ha* been 111 aulas tod by a deetrootiTC
eonflegi attcn, which tu sot extinguished before eigh
teen housee m eetirely dcetrayed, involving > pot
IMS Of property. About eleven o'olock on Sat urday
Sight om of the workmen in the Colombian Iron Foun
dry oorctr of Dual and Centre itreeto, thoufht he
smelled aome imoke u If proosedlng from a be, and
npoa searching he found that the engine room in the
rear of the premlsee fu enveloped In fiem**. Be Im
mediately gave the alum, and the firemen arrived in a
few moment*; but la meantime the destructive ele
ment had lull eeope, racing on every *lde of the bnildlng
with unparall* led Screen***, produced by the interne cold
and a strong breeae blowing from the northwest. The
heat from the 0re became io great that it wai with dlffioal
ty the Bremen could woik. Three time* that gallant body
ef men had the flary element nearly under control, and
three Umee were they repaleed from the premlaee by the
flame*, which at la*t conquered, and, coming la ooataot
with the npper etoriee of the front building on Duw
e treat, they bunt ferth with redoubled fury, mockiag,
with a loud, hi wlag noise, the efforts of the firemen and
eitlieni to etcp their progress. Seting that the butldlnge
en Centre and Pearl atreeto were In great danger, the at
tention of the firemen was directed to the block of itoree
running from Donne to Pearl a tree:; but their streauou
effort* were of no avail, for the buildings being frame
ones, soon ignited, and in a few moment i the entire row
wm in one blase, both beautiful and mournful to behold
tor on every aide were- men, women, and children,
running about half naked, many of them being aroused
(too their beds by the CTaoklisg timber* ef the burning
foundry. The fire then took a northerly oourae toward <
Pearl street; but here the effort* of the firemen stopped '
its prrgrsaa, not, however, until the rear portion* of seve
ral house* on tbi* street were destroyed, and *ome of
tbem were entirely conaumed. It waa then abaut one
o'elock P. 11 at whiah hoar the fire had been got under;
and aothlng but a ms*a of amoulderlng ruina remained cf
what the day be 'ore waa an entire block of hou***.
The loi* of property on
SCAN! STBIKT,
1* very great, and cannot be exactly ascertained, as
everything 1* covered with ice and the fallen walla of the
building*.
The Colombian foundry waa ownel and occupied by
Peter Morrla & Co., amctg the moat extensive pattern
maker* in the city. Here it waa that the fire orlgl
nattd. t
The building was occupied by the above firm on the
first aad fourth floors, and on the seoond and third floor*
by Turner, Lane h Morris, glass cotter*. The building
lnoluded Noe. 43, ii and 47, running back within twenty
to thirty feet of Pearl a'.reet.
Morris k Co. 'a losa 1* very great, the bnlldiag balag
?M*4 by them. They are, however, insarid in ten city
nBeia, to the amount of til, 000, which will oover about
can half their Joss. The rear building was entirely des
troyed, nothing being left atanding except the laree chim
ney; the front part on Duane sorest wa* slightly damaged
by fire, but principally by water; the whole building,
however, i* a complete wreok, and will have to be
rebollt. The patteme were loauted for S7II, which
will not begin to cover their lots, as they had a very
large and moat valuable quantity of them, which had
accumulated for fifty yeari past. The maohlnery waa en
tirely destroyed, and waa inaured for 910,000. The build
ing waa put up at a coat of 920,000, and la laaured for
914,0(0, which will moat probably cover the low. The
entire iocs ef property alone, excepting the building, la
ab*ut 140,000. Messrs. Morris & Co, have occupied the
pteasise* for th* liat twenty years, and thty biught the
establishment from Robert MoQaeen, who carried on the
machinery business for niarly thirty years before? so
the bus la ess of the concern was an old and well estab
ttahed one. We were informed by the senior member o
the firm that they have made arrangement* with Maura
Badger k Co., Noe. 44 aad 4fi, just opposite, to occupy
their building, so that th* buslnet * of the boos* will lm
mediately go on m usual, notwithstanding their heavy
1MB by the disastrous calamity
Pater Herri* * Co. ware Insured in the following offlee*
tor 981,808:?
National Protection, Renaaelaar 96.000
Bt Nicholas 6 OM
Bsrmony 1.H0
March ants' ? 0C0
Stay vacant 8,990
Pacific S,M0
Horthwaetern 1,600
M. 8,000
8,199
Total amount of lnauraaco Ml, 200
The seocnd aad third itorlM war* occupied by Meiers.
Turner, Lui k Harris, glass cutters. Their lou ia<about
M,0(0, which la tally insured la dlffetent offloM for $10, ?
MO. That part of tb? build leg occupied by them *u
completely gutted. All their aaebiaory on the seoood
wd third ItorlM waa destroyed ; hat a largo quantity of
glaae waa unharmed I* the third story, whore It mow ro
meiaa la era tee, la oom para tire aecnrlty, aad will bo ru
mored, moet probably, by the laenraaoo eompaalee, to day.
No. 41 Dot do it root, occupied by Patrick Oarrick, aad
kaowa aa the Sixth Ward Hotel, waa lomewhat damsged
by water, aad all that pa> tof it, (iaoludlag the be 1 room, )
running along Ceatre atieet, waa ooatuoaod. Mr. Oarrtek
ta Insured for $1404, la the Lorllard Insurance Oompaay,
? bat It will aot eorer hla loaa, which amount ? to 92,000.
Aa delay oaoaod by the Are will moat probably effect
Ma moat, aa the ball room, (the oaly portion of hla pre
aalaae destioyed,) waa aa oil frame building, good lot
nothing except to light Urea eith, or extend a sonlagra
tfcm to aoso mom valuable pre aboa.
CINTK1 8TKKBT.
The destruction cf property on Centre (traet waa not
great, owing to the aire of the buildinga and the charac
ter of their oeeapaate. Iadaed, If the poor people who in
habited the toaemeate had not been loeera by the Are, It
would hare been a God-send to that part of the city; for
a Mote dilapidated block of bnlldiaga could aot bo found
iatta whole ward.
?a. 47, ooeupicd by 8. L Oerrit, jeweler, waa come what
damaged by water, and owed (ta aafrty entirely to the
aatnroof the materialaof which it waa oonattuoted, (good
btteti).
Mo. 89, a frame baildiag occupied by B. Lu >ny, tailor,
waa entirely deetroyed and levelled to the ground. Mr.
Lnnny maasged to fare the greater portion of hie prop
erty, on which theie waa no lnaaranee whatever. Loea
?M0.
Mo. Ill, occupied by Patrick Henry aa a porttrheuae,
waaalao completely deetroyed, Including all hla atoekaad
firtaree Mr Eonrj in lasured for $400 la the Broadway
laanrance Company. Lots about MOO.
Ho. 43 wat oocupied by Mre Sweeny aa a boot aad (hoe
etore. The stock ?li partially aavod, but her loee will
aaacuat to $.100 at lea?t. on which there It not any lasur
aaoa wbatt rtr.
Mo. 4$. also deetro?ed. was oeoupitd by Julia Hera, a
widow. *a a croe'oery store. There ia no lnaaranee en her
etcek, which being of a very fragile aature, waa all
aasaahad to atoma. In# pour woman's loea will be about
$6C0
Mo. 47, a brick bulldiag, thiee atorlea high, aau
occupied by Paul Henry aa a porterhouse, waa
greatly damage I both by Are aad water. The roof
wae nearly burned off, and all the atosk. aa a matter at
ooarae, was made away with by thoee who are fond of
taking "sometblcg to drink. "m The upper part of the
koufe was occupied by Mr. Henry's family. Tao lose on
the doc*, furniture and fixtures is estimated at $1,400, on
which there is an Insurance effected la the Rroadway Ia
euraaoe Cora pany for $760. The buildltg ia owned by J.
D?Wol e, whose loss wilt be aaout $4C0
Ttk EL STKMT.
Although no house* on this street were burne^o
the (round, still tke Io?r will be mash bearier than that
( oaOaatro street, for ths btiUdinga were all occupied by
thriving little etorne aad very deoaat families.
Mo. 618 owner of Ceatre. waa slightly damaged by
water. It is occupied a a a grocery store by a (reman
named A Buhle, who la iaaared for $2,000. His stojk ia
Masagao to the amount of M.000. Hia baalases will not
be retarded in the least by the Are
Mo. 414, owaad by Mr. Boyd, who occupied one ha f tbe
premise* aa a caniy ahop, The other half waa rented by
Or. Pretoria, aa a drug store, whose stock la ineurad for
$1,000, which la entirely destroyed. The baildiag la da
?aged to the amount of M00, whioh ia felly laaured.
Mo. $17 waa oscnpied by George Stoae, aa a tavera, j
aaDedthe "Mistletoe Bough," wheae loea will be about !
teBgMH) cn which taare it a fall laanranee. The stars wae .
<owned ty Mr Bjyd, who 1# folly itinred. The damage k? I
uu fiMUKS iiti Mr> sMwet m.ilsts, .
Mo. 110 vm occupied ea the grouad loot by Jamea Da
Bald, aa aa oil and oampheae ?ton. Less aboat *700 ;
fully Insured. The upper part of thi kaw waa twwM
by Andrew Wood and family, who an loam to a gnat ex
toot, their farei tun be lag either OH?* <* destroyed.
No. 691 m occupied on the tost floor by Mr*. Oaitsr, a?
a millinery a tore, who ia aot insured ; loss about 9200.
Dm uppsr part af the building waa Mated by a beer pomp
Richard Bseley, whose goods an entirely
dsstroyed ; km about *300. No iaauraneo.
No. 628 waa partially destroyed. It waa onuptod by
Albtrt Dong, aa an apothecary store, who is aot ineund
Bla loaa will ba about 1600. Tha building la damaged to
the extant of 9200, or mora, on which than to a fall in
suranoe la one of tha eity offioaa.
No. 626, a two itory building, waa oocupled an tha
tint floor by H. Albus, boot maker, whoaa atook waa par
tially savad. No insurance. Tha aaooad story waa oc
cupied by J. Hutry, gold aad silversmith, and book elasp
makar. Hla loaa will ba about 91 000, aad it haa aot
baaa ascertained whether ha la iaauiad or aot
ILK STRUT.
On Elm atnat th? flia extended to tha rear of twa or
three building*, aad eoaaumad a largo braaa foundry,
?till further in tha rear. Tha daatruetioa of property,
however, waa aot vary gnat.
No. 29 waa oeoa] led in tha Croat by aeveral poor faml
lies, who wara driven out of their houae by the flamea;
but the efforta of the firemio, who auoaoeded in faring
tha houae, regained their little rooma for them uninjured.
The fancea wen somewhat damaged, but no further loaa
took plaae.
In the rear of No 39 waa alt la ted a fin atory building,
occupied by Jamea lynch, braaafeunder, anl Wm. Moon,
oil, campaeie aad burning fluid lamp uaktr, wkioh wae
enUicly consumed, together with all the atook of both
occupants. Mr Lynch's loaa la estimated at 99,000,
which la partially intuied. Mr. Moore d stock was aot,
aa far aa we oould learn, it sored.
Adjiinng the brass foundry was a two story frame
building, ia which two poor families lived; but their lit
tle proptrty escaped the devouring element, and waa
damaged only by water. Tola old building looked, to all
appearanoe, like an iceberg, balng coven! completely
with a thick coat of lee, wbioh gave rather a Gothic look
to the old ahaoty.
The fences of houie No. 26 wen all burned and ooverei
with ice.
In faot, the rear part of enry house in Elm atreet, be
tween Duaue and Peail street*, waa covered to the depth
of f everal Inchea with a white mantle of Ice, whloh will
soon melt off, however, whenever we have a warm day.
With the exception of the braaa foundry and lamp fao
tory, no damage of any consequence waa Cone oa thi*
atreet.
APPEARANCE OF CENTRE STREET YESTERDAY.
During the entire day the scene of the conflagration waa
vialted by thousands, tomlag there to take a peap at the
rains, which, to them, was no novelty; snd dearly some
of them paid for their cuTloatty, for the atreeta wen kaee
deep in Croton wattr and fragments of ice. Those who
did not get wet feet got some severe falls, for the entire
block where the builditgs onoa stood, was a complete
sheet of (oe. All day long, boya might be
aeen skating and sleighing up and down Centre
atreet, regardless of the vaia efforts of the
pedeetriaaa to perambulate the soene of the On. In
deed, so thi jk waa the Ice that tha Harlem cars were
stopped from tunning through Centre street all day, and
were, only by great exertions ea the part of the conduc
tors ef the road, enabled to make tkelr trip! throagh
this atreet at three o'clock, when the labonra oa the
road had aucceeded ia picking a passage way through
the toe for the can. During tha foreaooa and up to
three o'clock the Harlem oara wan obliged to Infringe
upon the rails of the Third Avenue Railroad Company,
bj going op Chatham atreet and the Bowery to Grand
street, where the track runs into tha Bowery, and so
continues on to Barton. The occupants of the various
housee that sere conaumed were obliged to take up quar
ters wherever they oould Bad them, and no doubt many
a house in Centre street haa by this time tha aamber of
its oocupants increaaed two fold.
The neighbors on every side of the block deeply sym
path lied with the saffeten, and in many instaaoes col
lections wen takea up to assist ia alleviating the di<
trees of the poor and homeless.
RJEC API TU L ATORY TABLB OF THI LOSS AND IX
BUHANCI.
LOSS.
P. Morris & Co , Colombian Foundry, Duaue St.. 960 003
Turner, Lane ft Morris, glass cuttera, do 8,000
F. D. Bryant, clock maker, do 1,000
P Garriok, Slith Ward Hotel, da 2.000
Building No. 87 Centre atreet 200
B. Lunnv. tailor, stock aad aton, 30 do M0
Patrick Henry, porter houae, 41 do 900
Mr. Sweeny, boot store, 43 do 200
Julia Hern, crockery a tore, 46 do 600
Paul Benry, porter house, 47 do 1 600
A. Bohle. grocery store, 613 Pearl atreet 100
Mr. Boyd, eonfeetloner, 616 do 803
Dr. Puierre, drag store, 616 do 800
George atone, tavern 617 do 000
Janes Doaald, oil store, 610 do TOO
Aadnw Wood, dwelling, 619 do 800
Richard Beeley, pomp maker. 621 do 800
Mis. Garter, mlliaary store. 621 do 900
Albert Dusg, drug atore. (23 do 1,000
Mr. Abus, boot maker 615 600
J. Hutry, silversmith, 626 do 1,000
Jams* Lynch, 28 Elm atreet, atock aad building. . 16,000
William Mcore, 29 Elm atreet, stock 9,000
Total loss 987,600
ntnnuiici.
Morris Jt Co., Daaae atreet 931,200
Turner, Laae & Morris, Dnase atreet 10,000
F. D. Bryan, laauraaoe unkaowa ?
P. Uarrick 1 500
No. 87 Oeatn street I,0u0
B. Lunar, 80 Centre atreet, no lnaunnoe ?
Patrick Henry, 41 Caatie atreet 600
Mr*. Sseeny, 48 do., uninsured ? >
Julia Beta, 46 do. do ?
Paul Hen y, 47 do 760
A. Boble. 618 Pearl atreet 1,000
Mr Boyd, 616>{ aad 617 Pearl atreet 1,000
Dr. Peiern, 616 do LOOO
Geo. Btooa, 617 do 800
Jamea Doaald. 619 do 1,000
Aad lew Wood, 619 do , uninsured ?
Mil. Garter, mill: nor, 621 do. do ?
Richard leeley. (21 do. do
Albert Dang. 623 do. do. ?
Mr. Abue, 626 Co. do ?
J. Hutry, 626 do., ascertain ?
Jamea Lynch, 23 Elm street 6,060
Wm. Moon, 28 do., uakaown. ?
Total amouat of iosuranoe ascertained 966,760
Total loss 87,600
Pioperty uninsured 911,760
It is unnecessary for as to speak ia favor of tha mem
bers of the Fire Department. They did their duty, as
they always do? aebly Many of them suffered greatly
from frost bitten haa Is, for the alght was a bitter
eoM oae. Even when the flre was cztiigulshed their la
bora were not concluded; for they had gnat difficulty la
getting their hose to their eagiae houses, as it was all
fro is s up as hard as a bullet, aad laeapable of being
doubled op for coaveyaase to its pnper place of deposit
Though the loss of property by this ea 'amity Is very
great, the earn la but a aasn trifle when we take into cao
sideration the t err i ale suffering ef tha poor people who
were rendi red bomalsaa Many of them lost the larger
portion of their household goods, la addltioa to being
driven from beneath their roofs at the dead hoar of
night, with the thermoneter ranging at sixteen degrees
above sen. The a 'Biosphere waa intensely sold, and the
wind blew with such loroe aa to earry tha baraleg cln
der* aad sparks a distance of several blocks. None bat a
atoic could ban looked without the moat heartfelt emo
tions upon the e|oaiaieg seen* ; the despair aad suffering
depleted la the eonatecaaMS of those robbed of thiir
homes, aa? the Indentation of the thinly elad children,
aa the p'erelng north wind enfolded them In its shiver
lag embrace, formed a picture ot melancholy that must
be witnessed to be realised? it cannot be desert i>ed.
Ha 4 It aot been fer the suffering above alluded to, the
racing of saaay of the buiidlaga wjold doubtless have
beea looked upon a* rather fsrtuaato thaa otherwise, for
they were mostly worthless, and so dry anJ dilapidated
tbat It la oaly a matter of aurpriae they had ao lung atood
the teat of flre and weetler. New and substantia'
edlRc? s will probably toon be are 3 ted oa the site of tha
rulas.
THE FIB E IN PEARL STREET.
Ita Origin and Pragraaa? Fllt?an Famlltea
Bcndeted Ho?aeleaa? The Huim of tha
People, and Their Condition.
Another Ira broka oat, about half put oaa o'elo-k oa
Baaday moraine, ta tha hoax No. 14 Psarl (treat, which
waa aaad aa a lirary (labia by Mr. Framta D .on.lij
Tha aaaonat of property daetrayed waa not eery fr.a'.,
bat tha oalamUy U tha mora aariooa from tha fast ibat it
haa raodarad ao laaa than fl'teen humbla and ladutrioaa
famillaa boawlr*e and a Uncut paaptri, at thin lng'?m?it
aeaaoo of tha T?ar.
i Wa noticed tha oeeamnaa to oar BMtaiaf ad'.tioa of
yaatai day, aad to-day pabltah aa aaearate and mrre ex
tended aceoant of It, taken by oar ra pot tar npjn tha
(pot.
A boot half pa*t oo?, or a qoartar to ten o'el->ek la tha
mot nl off, Haai*a vara mm to lataa from tha toft of th?
hnaaa No 14 Feetl atr?et. H?*iA *r
* ?? ata UvmmmUi, oa?t aevmt taia?
The loft ?m Ailed with hay; but notwithstanding this
tact, end fclao that the itdM of the building wan of
wool, the An would tlm hare boos Millj ?* tlaguiahed
woo It not that all the eagtoee woro at work pleytog
?yea the great Bra which waa ngtog to Oaato stmt.
Moat of tko police foroa of tka fliat ward wara on duty la
Oeatn (treat alao, and thus tha Itomaa attatoed a head
way ao aa to become unooatrollabla boforo daa assistance
arrived.
Previoua to tkla It kad extended to tkokoaao No. 13
Pearl street, which waa owaed aad tenanted by tha
wMow Kelly, with a nam bar of lodgen on aaok floor.
Th? aa are all humble poopk, ef the tobortog elaaa|
and depending far a living upon their day'a wagoa; but
the proireae of the eahalty waa ao rapid that they loat
a In oat the whole cf their property to a tow houre.
The ipaika from Ma IS aot tko upper portion of the
home No. 10, leaaed by Mr. Dickey aad rented to tone
neat*, on Are; and, aa tkla houae waa tokabltad by per
aona of tko aame olaaa to life aa tkoae to the otkar tone
meat, tkelr loaa la peculiarly heartrending.
obis in or TBI rati.
After moet minute inquiry, tko true eaaae of the origin
of the fire cannot be traced. It la snppoeed, however,
that aome paraon intoxicated waa going Into or about the
premUea with a light, whlah oaaght la the kay kangiag
around from tha lolt overhead, aad that the calamity may
be fairly attributed to thii earsleeeneaa. No blame at
tachea to any of the people to the adjoining hoaaea.
STATE OF TBI EUFPEBSB8 AMD TIBB NAXI0.
The condition of the poor people yeaterday aoming waa
truly pitiable. During the progreae of the lire they
nuked into Pearl itreet almoet naked; aad there they
?tool, exjeoed to a cold which waa ao iateuae aa to frees*
the hoae plprs of the Bremen to the ground, wltasaatog
the rapid deitructloa of their worldly gooda. Ilea, wo
men aad children, young and old, the atrong aad the
ilckly, wen for aome time In this plight, until they were
relieved by the offioen if the lint ward police, to the
fullering manner ?
The ?ton No < Pearl atnet wae found to b? vacant,
aid Captain Halpln tock possession of It, lighted a fire in
the grate, aad removed the shivering crowd, with the pro- |
party saved, thereto.
Amidst the confusion existing amongst them our re
porter compiled the following list of the name* and
loes?e.
Tha property waa owned by A. B Conger, Esq., who
rei ides to the country, having his office to Nassau street,
to New York.
Hr. Conger leaaed the house No. 14 Pearl street to Fraa
cia Donnelly, who used it aa a llverj stable. At the time
the fln bnke out there were sixteen Uoraaa to it. They
wen got out safe, mainly through the exertions of lieu
tenant Saodgrasi, Sergeant Morrison, aad o (Boers Duggaa
aad Grogan, of the First ward, with men from tha orowd,
who broke down the wall to the rear of thi buildtog, and
thua wen able to extricate them. Mr. Donaelly'a loaa Is
estimated at from eeven hani red to a thousand dollais
and we believe be la Inaund fully; but our repoeter could
not And him, to order to aaoertaia the exact amount
either of loss or Insurance.
HOUn NO. 12 PIAKL STOUT.
Ia this houae there realded the following families:?
No. 1. Widow Kelly? who owned the premlaee? with
rue child. Mia. Kelly waa aound asleep at the time the
alarm waa given, and made her escape, with her Infant,
after aome difficulty. Since the death of her husband
tha pnpsrty of Mra. Kelly ia managed by a Mr. Si'livan,
who lives In Brooklyn, and, until after aha saw him she
could not make an estimate of her lose. Tha houae?
three- story brick? la, however, almoet completely (uttel
lire. Ktlly had the property insured tor about eighteen
hundred dollars.
No. S. Dennis Griffin, a labonr, with hla wife aad six
chlldnn. Tkla poor man loat hla entire little property,
saving cnly a few clothes. He la of oourse uninsured,
and la to a poor plight.
No. 8. Roger Kelly, with wife aad one child. Kelly
had four m?n boarding with him. They are all labor
en, aad loat aay tha little property they poeeeased,exoopt
soma clothes. Nona of them inaurad.
No. 4. Thomas O'Nelle, wife aad three chlldnn. They
an of the aame class, and sustained losses to tha
above tamed. O'Nelle ia to consumption, aad at aa early
hoar of tha moralag, yeeterday, tha poor maa waa lying
npoa a miserable bad, ahlvartog aader the kaaa blast
No. I. Jamea OoateUoe, wife aad two ehlldrea. Goatel
loe lost aiany articles of furaltore aad clothing.
No. 0. The widow Leary aad four chlldnn. This ia a
very digressed family.
No 7- Tha widow Teh an end two children. They wan to
want of clothing aad much chilled with tha cold yee
terday.
No. 8. Patrick A gnaw, a single maa, who supported hla
old mother, Mrs. Agaew. Both an la much went, owtog
to inch aa untoreaaea accident.
Almcst all tha ebon-named pcreoa a wan, daring yee
terday, huddled together to tha noma of tha houae No 6
Pearl street, arytogaad bewaittog their loesis, aa that It
was nelly dlstraaatog to aaa tkem.
HO USX NO. 10 FIABL BTOXIT.
This kouae waa tenanted by the following famllle*:?
No. 1. David Gurlay, wife aad three chlldnn. This
maa saetalaad a lose nearly tha aame aa that borne by
the tanenta of No 13.
No. 1 William flood, wi a aad three ahildraa. Farnl
tun all broken, aad etothiag iajured by water..
No. 8. Officer Duggaa, of the First ward pelleo. Mr.
Duggaa sustained a pretty heavy lees. His property waa,
however, Insured. ?
No. 4. ? Falvey, wife aad eh lid. Nearly all tka tor
alture of tha room waa broken.
No. I. Bernard Houston, wife aad okild. Bedding,
clothing and furniton muck lajared.
No. ?. Valentine Btoton, a policeman ef the First
ward, who kaa bcea now baraed oat twice withla a short
time. Mr. Htotoa'a property waa aat toaured, aad his
ecmrade* exprees mack regret for kla loaa.
No. 7. ? Neile aad family; alao a dalicaU man.
Parbapa Ike eatin loaa Aon tkla An will not exceed, to
?caey value, three tkonaaad dollan, bat tko am mat of
indWidaal eaflntof which It win aataU upca the people
enumerated above ma kaa It mon to bo laaieated than U
the property were owned by one peraoa la gead eireum
etanaes. Tha aalansity will aat the laboren idle for some
time, whilst tha removal to tha eold aad tko loaa of their
ok?thlag wlU probably latrodaoe siekaaaa Into their faml
'les. A beaevoleat ganUemaa, after raadtog tka aotice
of the fln to the Hmum of yeeterday morni^, eatlad apoa
Lleat. Saodgraaa, at tha Firat ward atatten hoaaa, aad
left Ave dollan with him ror the use of the moat needy
promising at tko same time to call again apoa the captain
on a like mlaatoa af ahartty. He would aot gin hit "V*,
but wo would nsaaiami hla example far tmltattaa.
Tha Chief of PoUoa, with officer* Kaoto, "-^g-?. and
Balpin, and a large reserve force of maa, atteailsil at thta
Bra.
Fire In Carnal Street.
About a quarter pMt five o'clock jwUrd*; morning a
are waa diaoovered in the dry gceda atora of Mr. B?H, No.
58 Canal atreet, but by tha timely arrival aad aaalataaea
reader ad by (Sacra Ya> Buren, Walk, aad Goodrich, th
timH were estisggiahrd.
Oa examining the pramlaaa It waa avldaat the a tors had
b?em aaiered by mow pareaa or panoaa through tha raar;
aad to doubt the Are waa the work of dealga.
Wllllaaaibarg city Intelligence.
In>:c?iio? ?The litet Methodiit Efuoopal MlaHon
Cburtb, corner o' 0onth Third (treat aad Cnlon av <iiue
eiac ed nader the aniptaaa of tha Ladiaa* Home
waa daicated yeateiday. The axerclaae weie opened b
tbe piatrr, th* K?v J <eepb I* ?, * bo read tha tv?lft*
tttyt of llcbrewa, after whleh the choir iflrg tbe MMth
i vn o
i'tabop J?a*then called attention to that portioa of th?
Peilpture* oon'alrad ia tba eighth rtna of tba third
ebeeter af St. Paul'* Kpletl* to tha Hph?aiaca? "Unto ma,
?lu am iaaa tbaa tha leeat of all aetata, ia thii grace
fivea, that I ahould praeab among tha uentllac tha aa
ixr hat la riebaa rf Chria*." Tbe word of Cbilat (hall be
tba alpha, aad I trait aleo iha oaega, ia thia holy adiflaa
Hwk by tba araoe of Ood that St Paul ??? aailad to
patch tba diviae yoapel. aad J ontiatfer it aa e< pedal fa
vor of I) floe Q-aoe that 1 ata cllad upon to pr*aeh tba
dalre troth, to dlapeue the anreerchabla riahat of Cbrlat.
Put tka duty oi preaching tha word of Ood waa not a .a
flo*< to min.ateia of tba goenel;all were equally eel*d
upon. Th?y m'ght aot be able to devote their whole time
to tie work, bat by atriae, ktadly exhorted >ae aad
timely warning* to the erring, they oou'd do their p*rlt>
<' lat nbute tha aaeeaiehable rlaiea of Chriat. Pa-il did n >t
aiwey* praaeh in the pulpit? he beaoaaht eiaaera,
wfth"tear< la hla <yr?, aid whan oaablt t( pre* eh ither
wiia. tock up hla pen. Thetp>aker dwelt long and e In
qoantly ca tn? lieanurea of affection, tbe reraeue of 1 re
and adoration ftom <"? voted and faithful baarla, ao1 tb?*
dtvoikaof btl? apiilta In ratlira aeove He tnae e
f#rrrd to a?aoc!atlona In the glorloue ntuea? the Br.tieb
end Fi.ttlgn Bible Society, the Amerloaa Foreign Uthls
S claty, the ILouaeuda that they bad applied with tke
bUrelagaof tha Holy i*erip?ure? the LaMae' Rome Ml*
aica. wbleh bai already built eevaral okur?h*? la New
Yark. In Brorkhn, a?e hat sow ereated another ateoe'
in thle etty, for the dtitrlbntion of the naaeeiehablc
rlcbea of Chiiat.
At the corolunioa of tha eermon tha emotregatioe an ??
and tba Bi- hop pruoeedtd, ia Ua moet aolema meaner, to
da'leate tbe adi6ee to the aervice of Ood.
Tie Rev. Jot-n-B Law then eteed tbat the eaterprle
bad oral 117,000, cf lai* f am ?7 000 bad heea aobe-.rtl>e<\
of which te COO had been paid, aad 91 00a rema'eed to
be eollected. T<e truetaee bad eifeated a mortgage oa t#?
baildlog of $6, (CO, eo that the aaei of II, 004 ie<eaie?i <>?
be raU'd. A rolleetl ,d wa? theo taken ae an 1 an'.a.-np
tioee rpeaed. be;b of whieb wr? H ?orracv t? eo 6*4 t
It lb alUii^ik.. iiuImh neaa uilviawiai on a?i< I
J.l latkly, aad la tta eraaiag by the lev. & ? BatAaM. I
THE BROADWAY BAILROAD.
Imsrai* Court ? Bp* elal Term.
DiroaTAMT PBOIBION Or JUMB ISA BAnaiS , MUINO
TUB lMUMOTION AOAttBT THB BfOADWaY BAIL*
kOAO I-BBT1TUAL.
J A*. 28-? John Mtlhau and tthtrt t?- Jaeob
Sharp and others.? On the 2'Jth of December, 1852,
the Board of Aldermen of the oity of New York
adopted ? resolution, whereby it wm declared that
the defend ante, and thorn who might, for the time
being, be aaociated with them. designated aa the
awo?iate8 of the Broadway Railway, should, upon
certain conditions and stipulations therein specified,
have the authority and ooosentof the Common Coun
cil to lay a double track for a railway In Broadway,
Ac. The resolution was adopted by the Boardof
Assistant Aldermen on the 80th of December. The |
Associates named In the resolution on the same day ,
filed with the Clerk of tl# Common Council their
written acceptance of the resolution, and an agree
ment, on their part, to oonform to its provisions.
The Mayor of tne city did not concur in the resolu
tion. The plalntil& brought their action against the
persons named in the resolution, to restrain them
from entering into or upon Broad say for the puroose
of laving or establishing a railroad therein, and from
digging up, or subverting the soil, or doing any other
act in said street tending to encumber the same, or
obstruct the free and common use thereof as the same
had been enjoyed. It is stated in the complaint that
the plaintiffs are severally owners of certain lots ef
land and premises upon Broadway; and tbev several
ly claim that they are the owners of the land in front
of their lots to the centre of tbe street, subiect only
to the public easement, or right of way, over the same.
It la further stated that the plaintlfft are all residents
and corporators of the c ty, and have been assessed,
and have paid, taxes upon their said property to a
large amount. It Is farther stated that the defen
dants, under color of the authority contained in the
resolution of the 30th of December, 1852, threatened,
and save out, that they would enter Into and upon
Broadway w-th their workmen and servants, and take
up the pavements, and dig up and subvert the soil,
and would lay down and establish a railroad in said
Btieet, and run cars thereon, for their own private In
terest and emolument, to the great injury aad damage
of the plaintiff* and other property owners upon that
I street; that if the defendants should be permitted to
take up the pavement in Broadway and establish a
rallro id there, the property of the plaintiffs would be
ferlouely and Irreparably Injured and damaged, it
is charged that the resolution and the acceptance
I ihereol are of no binding force or effect, asd confer
I no power or authority whitever upon the defendants
I to take up the pavement, or establish a ra'lroad upon
I Broadway. The conditions and stipulations an
nexed to the resolution granting to tho defen
dants authority to construct their railroad, and
the other matters stated In the complaint, are
sufficiently noticcd in the opinion ol the Court
The action Is prosecuted by the plaintiffs on
their own behalf, and in behalf of all other
tax Daserts citizens and* inhabitants of tbe city , and
owners of property In Broadway. The material
alienations in the complaint, exeept the adoption ot
the resolution, were controverted by the defendants.
The Issues were brought to trial at a special term
held in the city of New York in October, 1853. A
treat number of witnesses were examined; but m
the decision of the Court does not involve an exami
nation of the evidence in the case, it Is unnecessary
to state the testimony.
John Van Buren and Henry Hilton for plaintiffs.
D.D Field tor defendants.
By tbe Court? Habbib, J. ? Whether the corpor
ation of New York has an estate In fee, either abso
lute or qualified, in the streetBof that city, or a mere
riuht or way held for the public use, is quite imma
terial fer the pnrpoees of this action. In either
case it must be conceded the corporation has the
right of control over the streets. By the Dongan
charter it was invested with " full power, license,
and authority, to establish, appoint, order, and direct
the establishing, making, laying out ordering,
amending, and repairing of aU streets, lanes, alleys,
highways. &c., In and throughout the city, necea
saiy, needful, and convenient for the inhabitants of
said city, and for aU traveller* and passengers there.
This power has never been withdrawn, or essentially
chanced. The corporation yet has the exclusive
right to control and regulate the use of tbe streets
In the city. In this respeot It is endowed with
legitfative sovereignty. The exercise of that sove
reignty has no limit so long as It is within the ob
jects and trusts fer Which tbe power is conferred.
An ordinance regulating a street Is a legislative act
entirely beyond the control of the judicial power of
the Btate. But the resolution in question Is not
such an act Though it relates to a street, and very
materiaUy afffects tbe mode In whici that street is
to be used, yet, In its essential features, it is a con
tract Privileges exclusive in their nature, and de
signed to be perpetual in their duration, are con
I ferred. Instead of regalatiDg the use of the street,
tbe mw Itself, to the extent specified in the resolu
tion, is granted to the Associates of the Broadway
Kallioad- For wbat has been deemed au adequate
consideration tbe corporation has assumed to sur
render a por.ion of their municloal authority, and
have, In legal effect, agreed with tbe defendants
that, bo far aa they m?y have occasion to use Broad
way for the purpose ot constructing and operating
their railroad, tne right to regulate and control the
um of that street shall not be exercised. That the
powers of the corporation may be strrendered I do
not deny; but I think it oan only be done by au
thority of the Legislature. Thus, it was provided
I by the charter of the Hudson River Railroad Com
pany, that It* railroad might be located on certain
streets of the city of New York, " provided the
I assent of the corporation of the city be first ob
tained"' (Session Laws, 1846, p. 274, sec. 4.) Au- i
tbority to give auch assent is implied in the act it
self; and the corporation, having in pursuance or such
authority, given it* assent to the location of the rail
road, aad the rallrv ad company having located their i
road accordingly, the aaeent became Irrevocable. |
The company acquired a right to the use of the ,
streets for the purposea of Its road, and, to a correa |
ponding extent, the corporation was deprived of i s ,
power to regulate and control the use of the street.
So in the case of tbe Harlem Railroad (Seas. Laws,
1831, p. 327, sec. 11) That corporation was authorized
by the Legislature to oonstruct their road aortas or
upon any street in the city of New York, with the
consent and approbation of the Mayor, Ac., of the
citv Tbe tame provision is found in the General
Railroad Act, (Sees. Laws, 1850, p. 224, sec. 28, sub.
5.) It is thus that the city corporation may, to th? ex
tent contemplated by tM Legislature, restrict ita
own power to control and regulate streets. (See
Drake vs. the Hudson River Railroad Company, 7
Barb, 508.) Bat for tbe authority derived from the
Legislature, 1 am unable to see how a muni :ipal cor
porstion can grant permission to construct a railroad
upon one of ita streets, which , operating as a contract
and vesting rights in toe grantee which cannot be re
called, must limit the power of such corporation to
manage and control the use of the street*. I think
It eanuot be done. It sannot be that powers vested
In the corporation aa an important public trust oan
thus be (tittered away or parcelled out to individuals
or joint stock associations and secured to them be
yond control. It was asserted by the defendants^
counsel upon the trial, that the authority to construct
a railroad, conferred upon the defendants by this reso
lution, may at any time be recalled. If this were so,
if the resolution could be regarded as a mere revoca
ble license, It would relieve the cat-e from a fatal
difficulty; for I am not prepared to say that, in the I
exercise of the discretionary power with which ,
the corporation Is endowed, In the manage- j
ment and regulation of streets, it may not autho- I
rite an Individual o; aaaocia ion to lay down a
railroad track even in Broadway. But this reaolu- ;
tion gcea farther: it authorises tne associates to con
str iti the road, and reserves no right to re-cind .the
grant. It licenses their cars to run upon the road
for ten yens from the time It shall be opened, at a
' stipulated fee for each car; and provides that if the
paities fail to a^ree upon tae auount to be paid for
licenf e?, at the expiration of thut period the railroad,
with nil the equipments thereto belonging, sbUl be
Miirenrlered to the corporatiort at a fair and just
valnstwii. Cau It be that a contract oontalnlcg such
nroTisioM may be rescinded at the plessure of the
corpoiat'ou? fbe very contingency, upon the bap
I enh'g of which alone the psrtics seem to have con
tenifiated a U rminatkin of the contract, for
t.ishis 'he strongest tviv-noe that the PJM
ii.Um'ed to be perpetual. 1 agree with
Mr Jurtl-e Bosworth, that "It would he an
anomaly if, after the grant had been m vie and
accepted, and tbe road built Inj^every respect la con
formity with the tetms of such a grant as is oontala
ed in tbe resolution In question, the Common Coun
cil may rescind the graat and divest the rights
acquired uur er it, precisely aa tbej may order a
Ptreet to lie wider ed or extended or repeal any po
lice ordinance or regulation.'' The same view u ex
preset d by Mr. Justice Htrong in the opinion deliv
ered by Mm upon tbe motion for an li.junction in
thi? cause. Alter referring to the prominent fettnree
ol the resolution, that learnlTI Judge csys : "Purely
a!l tl ef e piovirioas Indicate m methlng in< re than a
mere revocable liceuse. Tfcey convey a valuable
right, which, upm tbe performance of the primary
acts required rrom the defendants, would vest in
them, and of which they could not be deprived by a
repenl of the rwe>lutMHk ' Mr. Justice Doer, too, In
;be veay ?ble opiuien re<*ntlv delivered by him
uptn the decision o ' a kindred action, says: " I am
yet to .earn that a contract, valid when made, can
te rescinded by eithtr << the parties unless the
iiower of rescinding It is expressly reserved, or was
given by some coo?Uimk>unl or a'atntory provision
in force when the contract waa made. The license
co? 'em plated by tbe resolution must, therefore, he
regarded aa perpetual and irrevocable, ir it takes
effect at aU, the right of way low vested in tbe
corporation, to far aa it Is nece?eary for the purposes
of tae defendant*, will become retted in them. The
exercise ot the legislative powers of the corporation,
in respect to >bat > tract, must be in subordination to
U e vested rights of the defendant*. We bsre alrea
dy teen that a corporation cannot, without tSe con
fer^ of the l^-H?lstiire. thn- dl?e?t 'fwlf of i*" '? *u
ut<w?rik 'Aim mummb melt is, therefore, nnaotho- I
riled aad void.' A fain, the (forpocnih* tea "fuU
power ud authority to make i '<! , such bylaw's
and ordinance as It sbstfi from fc e to time deem
necessary and proper to regular "ffikoer coaches
or carriages, and their rates of fare Or carriage, re
qui ring the owners of such hackney coaches or car
riages to hare a lioenae from the Mayor of the city for I
the tine being, under the directions of the Common
Council. (2 R. 8., 446, sec. 272.) It aeema to have
been aaeumad by all parties that the can which, by
the terms of the resolution , the defendants were au
thorized to ran upon the Broadway lUilroad. would
be ?' carriages, 'within the meaning of the term as
used in the statute. Accordingly, it is stimulated
that "the associates shall nay, for ten years from the
date of opening their railroad, the annual license
fee for eash ear now allowed by law, and ?haii have a
license accordingly." (See opinion of Duer J., above
cited; also, Drake vs. Hudson Railroad Co , 7 Barf.
538.) Assuming that the cars to be employed by the
defendants in operating their railroad would be
carriages, and aa such would require a license from
the Mayor of the city, It is extremely questionable
whether the corporation bad the power to contract
beforehand, as they hare assumed to do, that forten
J ears at least sucn carriages or cars should be li
censed. The license is to be given by the Mayor of
the city for the time being. The execution of this
provision in the resolution would require the Mayor
of the city, whoever he might be, and without any
reference to his own judgment or discretion in the
case, to issue a license for all the defendants ' cars.
In stipulating for th's I think the corporation
transcended its authority. But, without insisting
further upon thia point, I think the more fatal objec
tion upon this branch of 'he case is that the corpo
ration has undertaken to deprive iteelf of the power
conferred upon it by the Legislature, in the section
of the statute above cited, "to regulate rate* of fan er
car nag a." The associates of the Broadway Railroad
are, by a provision in their coutract with the corpo
ration, authorized to demand and receive from every
passenger whom they may carry from one point to tno
tber live cents. Although the Legislature has declared
that the corporation shall have tiie power and author
ity, from time to time, to regulate the rates of fare
to be charged for tb<s carriage of persons, the corpor
ation has raid, by this resolution, that in respect
to tie carriages which may be employed by the de
fentfants in operating their railroad, that power
fbail ne.ver be exercifcd. This it could not do. The
members of the C< mmon Council by which this re
solution was adopted were not authorized thus to
iM?de the legislative power of their successor*.
H is objection, in a practical view, at least, derives
gust force from the excluBivene*, which isachir
auerislic feature of the sront. Whether it was in
tended t r not it is obvious that if the grsut takes ef
feet at all it muht operate as a perpetual inociopoly.
It* privileges are perpetual, cr if sot, cm o?dy I*
extinguished on the refusal of the grantees to piy
such license fee for their ears as the corp ration shall
exact, and then only upen full indsoiuiiyon the
part of the corporation. Practically, at least, they
aie exclusive, too; lo cne will seriously contentf tbat
tbe corporation would have the power to authorize
the use ol the detendunts' tret k by anv person
against their will. And although the abstract right
?n.ai a kL i tr\c,k ?)Bht exis%- iu fact the thing
would be impracticable; so that the defendants if
tliey can secure the benefit of their gran*
have secured a perpetual monopoly of the privilege
i PMseugers by railroad in Broadway.
What if the corporation, for a consideration deemed
adequate ? as, for the sake of the comparison, the
sweeping and cleansing of the street- had granted to
the proprietors of a single omnibus line the privilege
rHDI?1Jlg Ul,eir carriages forever in Broadway, with
the right to charge a specified sum as fare, without
rewrvug the right to regulate such fare ? would any
OLe hesitate to say that the corporation had trani
cended its power m making such a contract ? Bun
Jba* fare which tbs corporation
bad thus authorized the omnibus proprietors to exact
had been ten cents for eajh passenger, when it was
Known tbat the other proprietors were willing to uer
?nI[SlSeeh-?1l8ei,Jv,ce fo,r bix ccnts' Would il n?Hie
Insisted, thtt, bj*Wes going beyond its authority, the
corporation had been guilty of a wanton breuch of
, .4 'ben> '/ tbe feature of exclusiveness were
added to the grant, so that the favored proprietors
might enjoy a perpetual monopoly of tbe carriage of
passengers upon Broadway by omnibus, could any
tnbuial fail to declare the grant illeirat and void ? j
y of Hucb M ?rant ?ight be more
glaring but, upon principle, I cannot mc that it
would be mere objectionable than that under ennstd- I
eration. An attempt was made to give perpetuity I
to the association to bo formed under the provisions
of the resolution by declaring that, in case any as
sociate should die, or do any act whereby his interest
in the association should veot in another, the associa
tion shoiUd not be deemed to be thereby dissolved,
but that thesuocessoc in interest should siantl in the
pla.e of the associate to whose interest be had sue
ctfd^ 1 do not think the abject of tbe parties
could be eflfceted in this way. I am not aware of any
rule of .aw which would bind the legal represents
tivea of an associate in case of death, <>r toe assiir
liieincaseot insolvency. to become a stockholder
stunning it. tie place of the associate to whoso inter
b* ' ';? f*1 succeeded. In such a case I suppose he
w< uld have ihe legal right, as in any other unincjr
p< ran d association, lo have tbe business closed up
and to receive his share of the assets. But, whether
this is so or nut, I cannot see that this provision can
u.iate tl e grai.t iteell. It is in no respect necessary
to support tbe oth?r provisions in the resolution.
Though inoperative, a* 1 think it would be, the other
provisions in tbe resolution might very well stand
without it, if otherwise unobjectionable. Nor do I
tin kibe resolution a violation of tbe provision in
? ^ Cr.Wn ,i W(l'',re8 that contrast for work
#h* ???ei ? . ?f e by tbe appropriate head of
I the executive department. This provision aa r
undeibtaLd it, .only relates to contract? which would
involve a liability to pay for the work to be done.
An agreement, as in this case, to sweep and cleanse
a iSUect, not for a compensation to be paid, but as
the condition upon which the privileges specified in
the contract are granted, may, as it seems to me.
very well be made by the Common Cooncll itself,
Without tbe intervention of any of the heads of de
partments. Having come to the conclusion that
tbe resolution in question is not within the powers
crttened upon toe Common Council, and is, there
fore, void I have not felt myself called upon ti
examine the questions ol fact presented by the
pleadings, ai.d to which the evidence presented upon
the trial was directed, with the care which their
importance would otherwise require. As to the
effect cf the proposed railway, a great diversity of
opinion evidently exists among tbe citizens of Sew
A large Lumber of wilne.-^es, among whom
are gentlemen in whose judgment on such a subject
1 should have great confluence, are of opinion that
it would be a great public benefit, end in no respect
injurious; while quite as mauy m >rc, upon whose
opinions I should quite ai wrllinjly rely, think the
proposed railway would prove a nuisance not to be
endured. Under these clrcumstunccs, I should not
feel mwself justified in declaring that the ?onstruc
tion of the raad would crea'e what, in legal effect
would amount to a public nuiaanse; yet I may be
not without strong appre
hension that it would prove greatly injurious to the
Property, especially in the lower portions
of the street I am iuclined to think the weight of j
the evidence tends to this conclusion. In respect to I
??der wblcb ttie resolution was
adopted, I do not tbink tbe evidence would warrant
the conclusion tbat the members of the Common
Council who voted for toe resolution were governed
by corrupt motives or acted in bad faith. And yet
the pertinacity with which they persisted in con
(erring upon those defendants privileges so extra
ordinary In their character, and which are sup
posed at least to be of so very greet value, is cjleu I
latsd, it must be conceded, to excitc a ively
suspicion. Other propositions, apparently much i
aute favorable both to the corp- ration aud the public
in ibeir terms, were tcfore them. ffmt
they Mi uld rejert these, and adopt the proposf
tb n ol the defendants, can only 1^ aooouated
tor it the member* of the Common Council
v bn to ltd for the i evolution arc to be acquitted of
dishonesty u|>oi> the theory assumed by th? counsel
t< r the pendants upon the argument: that they bad
no confidence in tbe good raith of those who made
me propositions, inasmuch aa tbey were avowedly
?j p. ? a to t?e enterp. )?. But, whatever may have I
been the motives which induced the members of the I
? on mon Counoil to support the re-olution, they '
trs. so*i.<, id their power, and titrefore, ev.m though
u n>s> have been untnteotional. were guilty of
_,They had no right to make the
g:ai t contemplatid by the resolution, and, having
attempted lt, they were rhargeable with a violation
of oflieial trust. The only other qwvtion which I
deem it is useful to notice is, whether tbe plaintiffs
are entitled to the rtmrdy for which tliey a?k? The
corpora t ton had u*iiDi?i authority to grant permis
sion to the defendants to lay in Broadway a railroad
track. By virtue of such permission, aud yel with
out legal authority, the defendsnts .were shout to
proceed to the execution of tbei' purpose. The 'lie
gal set thus alout to be committed would, if c>n
snnmstid result in siee:i|, and. jerhaps, irrei?ani
bU mjniy to the plsintlfls and others, who like
them, are owners ot r??l e ?ate situated upon Broad
way. Bc-:o'es their iutere?t in commoa with other
ocrpe>rator* and Ux payers, they had this other si.c
cial and more importint interest to l>e affected ny
what might be done by the defendant* under the-r
pretended license from the corporation. Cwn tlds
state or fae s I runnot doubt that the pletotiffs are
entitled to an Injunction. Tne act about to ne mm
mittrd by the defendants was unlawful, hui whether
it would amount to a public nuimin f mar, aj?th^
evidence in the esse stands, lie questions t>ie But
wheuer a public nuisance or not, it would, 1 iiave tio
diiobt, prove Injurious to the piopery of the- plain
tiffs If so, whatever tbe pubiu ngbu ms\ lie they
ere entitled to hav- au -h ublasful act restm. .ed. a
P0'?nce mey be both public and private. To the
individual who ha* Kstsmed actual damage us the
result of the wrongful act it may tie regarded as a
P"*"* e. even where ibe party chsrg.<a',|e
with such wrongfsl -t* might ?l?* be e<m vic-ted of a
putilic nuisance. (See First Rapti?t Church Ac vs
r ehti ecu dr ?n 1 Trev Piilroid r. vt.v r> ;t V?
*jked. See alao boA', ~c.' jm,
CUUtojiLer va. Ute Mayor o( Kew X'?k. 13
567.) In the latter cat* it wan held that where aa
act is elearly illegal, and the neceaaary effect o I ?uch
?ct will be to Injure the progeny of another, the
Court in warranted in re?.traiiiinir the illegal act by
injunction. The plaiutitls present such a cat*. Toe
act nought to be restrained, a* we bare already teen,
la wholly unauthorited and clearly illegal. The effect
of the act, if committed, would be injurious to the
property of tbe plaintiffs. I am. therefore, ef opin
ion that the injunction should be made perpetual.
Ctpula fyadwi' Defining hh Position on
(kt Hebi Mka ClueaUon.
N>w Yohe, Jan. 27, 1864.
TO m ?Bi?om Of THl n? tobk HIKALU.
Sm? In an editorial article in the Hwild ef yes
terday, which purports to be a kind of advertise
ment, it is stated that the two leaders of ths
democratic soft shell.'paity ? I he Hon. John Van Bono
and myself? have been, or are lost, or mislaid. It la
also stated that a reward will be given to any on*
who can discover the whereabouts of Mr. Van Buren
and myself. Aa Mr. Van Buren has always been
found fully competent to speak and act for himself
whenever occasion reunited It, I shall say nothltg of
him, but speak only for myself iu this matter; and
for the purpose of saving mme person the trouble of
applying for the imaginary reward, 1 hereby inform
the editor of the H skald, and the public generally,
that although I have been olten grossly and mali
ciously belied by unscrupulous politicians, and fre
quently misplaced and sometimes misrepresented by
newspaper reports, I am, tevertheleas, at this parti
cular time, neither lost 'nor mi* laid, but am here, In
good order and tolerably well conditioned.
In reference to the Important question of Territorial
government, now before Congress, I shall not bo
found wanting in my devotion to the Union and the
constitution, whenever my humo'.e services are re
quired for their safety and preservation. In the ar
ticle alluded to above, it is said that the crisis having
ctme, the presence of the two aforesaid leaden is
very much wanted in Tammany Hall? Mr. Van Bonn
to open the ball with a speech on free soil, free farms,
4c., Ac and thst I am wanted to close up with ?
speech on free soil, free quarters, free liquor, and ?
free fight. 'J he public would very naturally infer
from the tenor of that paragraph that I am a ftee
toiler, and lave been in the habit of making free soil
speeches. Now, Mr. Editor, without discussing at
tniH time the merits or piiucip'es of the Wilmot pro
viso, 1 challenge any uiiin to point to the time ot
piace, when or where, I have ever uttered a single
sentiment, publicly or privately, in favor of the wil
mot proviso.
1 have, since the first introduction of the proviso
by David Wilmot., mude several speeches bearing
upon that question; and a reference to every thing t
have said relative to the Wilmot proviso, will And
me steadfastly opposed to its doctrines. I have al
ways believed, and have so exurwiflll my8w? tn*t
to the people belling alt legislative power on sub
jects affecting them, aud them only, whether id
States or Territories, and that the people of tho
Northern States have no riaht to interfere with the
domestic institutions of Southern States, any more
than the Southern people have the right to inter
fere with the domestic institutions of the Northern
States. I am still of tie same opinion. This is no
new doctiire ?spoused by me for making political
capital: but there aie mauy who are now bitterly
opposed to free soilism whr> were rabid Wilmot pro
viso men in 1848, and belonged to the Van Buren or
ganization in this city. 1 really trust that they are sin
cere in their professions this tune: butasthenegroea
in the South facetiously Bay, ' VVbite man is mighty
unsartin.-' 1 migut with propriety refer to several
meetings and conventions in which I have taken a
prominent part, to prove, if necessary, the truth o.
what 1 here assert; but it wouiu be wasting time use
lest ly, and require too much space in your valuable
paper. 1 will therefore only refer to the Democratic
Ci'y Convention held at Tammany Hall in July,
1860, for the purpose* of reorganizing the democratic
parly in this ciiy , and of which Hon. Francis B. Cut
ting and myself were members. 1 refer to this oon
I vention becitmethe question now before Congress
was debated in that convention. 1 had the honor of
introducing ti e following resolutions, which were
adopted, after a lengthy uiscussion, by a decided
majority: ?
lireuivw, Tr.?t th>< jroveroitsBt 1? or# of limited powers,
and itat Coo^reM fc*-. cot v us rigiit to exercise powers
nit clfarlj expi#* sed, iflcallf granted, or mftnifMUy
liDlil'tl Ik the propitious of tna rourtitution; that it ev?C
ban been tl>? polioy of tho lemoeratio party, and aae
wb'cfc they never cm tbtuou to aster# to aiigldoon
i irtcUin of tbs ooos'-itutioo ? j(1 < p^aae the exercise of
ah doubtful po?er?.
H nhiil Tu*t lbs c. n?tiiu'i"o hss not delegated to
Gon?r?ts tbe rlghtt. ?-ub'i?a ct prohibit slavery xa ths
T? i itc lies if 1 I'ntttid ft.tcH
Resolved, That tbe territuns* of ttia United States are
tli* jotst property of tho wihiJ 3-aie*, acquired by their
unu?C ?cvii d, ttid the eipendltuie ef h?lr tummoi Ma
ture, a. 6 that tfcey ut entitld to g rtnmehU organised
u^ci: lb* iheort of the feuaral oouipait. ieavtag to tbe
people tbtitof to enact anch a?? rolatiaj to their domea
fo imtitstioi a aa tta?y may dram most o ju-' ueire to tkeir
welfare and bapplneat
In an oration delivered l?y me on the 4th of July,
ls/>l,aid which you kindly published in the Hould,
you Mill And the same eeutimeu's tuculea'ed. If
such sentiments, freely ex pressed on all occasions,
itnke me a free soiler, then 1 am certainly the most
extraordinary specimen of that s?rt which has been
presented to the public for a very long time. Yoa
nave put me down as one of the leaders of the demo
ciatic soft shell party. Allow me to say that I da
not pretend to be a leader of ei her division or tbe
democratic party in thli State, and care very liti lfl
about bards or soft*. I think the honest democracy
throughout the Slate sre getting tired and disgusted
with the pretended leaders and would-be dicta 'ore,
who have created and kept up dissensions among
them until they have thrown the State power ana
patronage itfo the bauds of our political opponents.
The true democracy of this State may be deluded
for the moment by selflth and dedgning poli
ticians; but they will not long follow any man
who is not faithful in his adherence to sound
democratic republican principles, and a strict con
struction of the constitution. If yoa put me
down a free soiler because I sustained what has
been designated as tbe soft shell ticket at the late
election, or because 1 am In favor of smtalntng a de
mocratic administration, you are perfectly welcome
to do so I sustained that ticket be tause I knew it
was nominated by the regular organization of the
democracy t f the Stato. I am In favor of sustaining
Gen. Pierce's admlnistratiou, because I approve of
the principles enunciated In his inaugural, and which
in ny judgment commani the respect and admira
tion of every true democrat in the country, and be
cause 1 do not think the rt inoval of a Collector, or
the appointment of a night inspector ot the costoms,
is of sufficient consequent to break downa demo
cratic administration, although it may interfere with
tbe personal interests of a few ultra- national hard
shells in this city: and perhaps this may aeeoont for
the great display of inordinate patriotism during oar
late election.
I am glad to find that the democracy of other
States begin to understand something of the hum
hug in the politics of New York. Yoaaak, In the
Herald of this day, whether Mr. Van Buren and
myself were in favor of the repeal of the Missouri
compromise. 1 have not the slightest knowledge of
Mr. V'an Buren's opinion on that subject; hot I am
decidedly in favor of austaiaing Judge Douglass's
bill, with tbe amendment* made in tbe Senate.
You also wish to know if Mr. Marcy'a friends am
going to deter* him on the first sign of a storm. I
will answer for a great many true democrats whoee
sentiir erts 1 Itcow, and say that Wil lam L. Marcy,
by his long, faithful asd nnwavering adherence to
sound de??ctHt<c republican principles, baa grap
ple d bis friend* to Liiu with "hooka of tfeel,''
and tbey will nettr dereit him while there
is one single plank left In the domestic plat
f.rm, upon w .icli he has stood for many
years, 'n bis i:ern ( r*tic integrity and fidelity,
without fslteriug in defeat, asd uawavering in victo
ry. You statt d that I have shared the spoils with
thr armln'stra'ion. From that statement I am led
to believe that you think 1 supplied the administra
tion iccuuse 1 held an fliee under it. But I distinct
ly a?t?w that 1 have not received at the bands of the
aomiiiistration my ofllce or emolument, nor has any
office been tendered to me. I presume yoa, with
many others, lave 1? en deceived by tbe reports
made in aom* of the i.ewspapcrs that I had Men ap
pointed mall spent. F never mads application for
such appointment, nor was it evtr offered to me; and
1 will further say, that if it had l*en offered to me,
1 think my patriotic desire to serve my country
would have induced me toncce.?t it, Yoa ask, what
is to lie done in Tammany Hall ? 1 cannot give yoa
a decisive answer I am not Grand Sachem nor
Chairman ot tbe General Cocntiivue. i suppose,
however, that eld Tammany will speak when neces
sity requires it, and flmt she will speak as she ever
i,as spoken? on the std< of the Constitution and the
I uion.
I do not snderstaiid your allusions to free quar*
t< ts sbd free liquor, aa t generally pay as 1 ge; and
thoee who know me best can toll jou thst I seldom
ii dnlfce In intoxicating drinks. I cannot think that
by frts fight you miau a real fisticuff, f-?r I have long
a*o givea up that sort of aininerocnt; but If any ene
fmn the H?n>i T> should invite me to join him ia such
a refined atid harmless pastime, I coi.ld aot And It m
my heart to refute biiu. But ?f you mean afree flgbt oil
the Nebraska bill, I agree with you, even hi that re
si ect ; and wbi n oeceesi'y rsqulwa If^oa mil tod
me fighting f.r the seme principles which! bavo
alwaysaovocaied for the an-U.u^nartgbls oftha
people in toe Te.ritciles as as well ?. In tta Wat^
fitady and wPl'r.g to mslutsln to ntoMrt of my
jbtlKy the inu grity of the ^n,V?
tic ii, sgtirwt sil fa.-tici.s and at every ' hamn, Mr.
vjii'V. f n?. ? "f r. ' on sii irebended, afillcJao wi'-n
an astir etion id voo?. i ?-???
louis, he-, Ac., 4c , UaUH BlWMIi