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MEETING OF THE BOARD OP SUPERVISORS.
THE SALARIES OF CLERKS INCREASEO. PROCEEDINGS OF THE ALDERMEH. FriflMi Sale of the Puhlk Hirketi. THE COUNC1LMEN IN SESSION. Public Improvements Forthwith. Work and Prompt Payment for Uborcra, Ac., Ac , <?,. BOARD OF ALDEB1CEN. Ptic. VS. ? NatlianC. Ely. Esq., President, in the chair. The niiuuton of the last meeting were read and affirmed. MI.-M'KLI.AJfSOL't! MA1TKKS. Several report* of the Committee on Koads, in favor of juiTing, griding, Ac., various streets and sidewalks, were presented and concurred in: the report of the Ei n.tiice Committee, concurring to reduce the tax on the New York Oil Company, waa adopted ; report of the Com mittee on Kin- lVpartment, non-concurring with the Couiif iimeii to organise Isaac Sealey and others as a hook and ladd t company in the vicinity of Fourth avonue, adopted; of name, non-concurring to have a new engine built for Engine Co. No. 3, adopted; of same, non-con curiiug to build new engine for Engine Co. So. 10; o.f Kiine, non-concurring to organize a hose company in the Twentieth ward of same, concurring to organize a hose tompatiy, to be located at MnnhattanviUe, concurred in. OO.SATION TO nit: A.-iSOTMT! ?t FOR DI9CBAROID h KM A 1.8 convicts. The report of the Committee on Finance, in favor of jftieurring with the Councilmen to donate >1.0 )0 to the fl'omeu'a Association to tind a home for discharged fe jnale convictis, was received and adopted. THK ?ORT liAN.SKVOOitT PROPKKTY. The atrial committee to wh^m wa< referred the re port of the Board of Co incilmen recommencing that the city re purchase the Eort lian.-evoort property at $j20,000 ? nearly double the sura it sold for two years :igo? reported a non concurrence. The committee sub mitted a resolution asking the opinion of the Corpora tion Counsel us to the legality of the sale of the pro perty by the late Common Council. The report was ordered to be printed, and made n special order for Fri <!ay evening T1IK SAI.K OK TUK PI PUC M.1RKKT*. On motion of Alderman Wakkxu.n, document No. 50 (being the report of tl?e Committee on Finance respect ing the sale of the public market* belonging to tlio Cor porstiou, was called up. The report say.?:_ The snb.ieet would seem to present itself to your com luittee mainly under two aspect* first. as itatfecta the tinancal interests of th- city government. and secondly ?what would l.o the efTectof radical a change in our market system a^ would s. em to i.?s recomiu ended by t.ie resolution, upon the Individual and social interests and convenience of our citizen* in general. On tlie hr?: of thc-c rvspoctifeg its effect upon the tunncia! interests of the city government, we have much light conta ne i n a report or communication from the (omptroile na.ie to the Hoard of Aldermen. May 10th last. forming ni No. 41 of the board, to which t!;e committee would refer for detailed -tateiii-nta bear ing upen the subject. By statement No. 7 of thin document it appears that the l0k> to the city government in 18o3, over and above all receipt,, exceeded thirty thousand dollars. Add to this tlie taxes on one million of dollars, ttie valuation ot the markets, would increa-e the amount to over forty thousand dollars. In statement No. 4 of th* same document it ia shown that the actual Ions, founded upon :i well digested estimate, and actual receipts and ex penditure*. would be over fifty thousand dollars. But your committee are wclfairare that even the year Iv expenditure of fifty thousand dollars, to be added to , ann?al taxes, would be n-> sufficient argument agatost the present system or markets, if it could be ?mown that a corresponding benefit was derived trorn its continuance Tliey are therefore brfught to view the "ubjeet in the second aspect propose.!, viz.: its ellect upon the interest s of the citizens generally. I lie resolution calls on your committee to furnish the reasons if any there are. why this bran;h of trade tdwuld be provided with special conveniences aud loo*, t ons, at the expense of the corporation, over every Klier trade or business left to the private enterprise aafl tompetition of individuals. Vour committee are constrained, after viewing th lulyect in every aspect in wuich it pr- seats itself, to say that except country markets, they cannot giv* auy reasons satisfactory to themselves", on the contrary the} believe t i;e Ih?: interests of the city would be pro moted by leavin.' the whole system of markets, and the Mte . f meats, flsli. vegetables. Ac . to the enterprise and competition of priraU individuals, with no other rvstr etion than those general laws and ordinance* which the nature of the ease would m to reiuire In 'he language of the Comptroller, ''(loveriaieot agency is no more iiccc?-.try in procuring b?-f. porn a,?j mutton, tiiaa in procuring cotlee, tea and mclasse-. In both cases, i tot our reliance and security on the chi racier of the person who furnishes the supplier. whe ther in the market or out ot it." ?? Why not .then, ?with raw the bungling hand of government trom the feats which are wanted for the daily consumption of tbecity, aod in thu. as in oiher matter*, let trade regu late itself V" B Your comniittec believe tint in tliia matter tlioy may aafely appeal to the universal cxperienc* of the present age that aov enterprise within the power and scope of private individuals, is not only more cheaply and economically done but better in every way, and more to the satisfaction ot the community generally. In connection with this subject comes up the whole instter of th- city ordinances, granting licenses to butchers and others, and imposing nutn rom restric tions upon the sale of articles in the m irkets, &c all or nearly all. of which, in the opinion of your committee' ?re of evil tendency, calculated to materially advance the price of the necessaries of life, and therefore bearing peculiarly hard upon the poor and laboring class in this city, and therefore ought to he repeal*?l. It is becoming more and more a maxim in legislation that monopohes.nre not only odious but unjust in them selves and ought not to be resorted to in an v ease where the object to be attained can bo accomplished by Individual competition ; then why should the sale of meats or vegetables in small qnintities be restricted to certain license * individuals, and all otbe-s restrained from tlie privilege, both seller and purchaser? Why should not the poor laboring man be illowed to purchase from the farmer in the market or elsewhere, two or three pounds of meat or a small quantity of vegetables at prices at which individual competition, unrestrained' would bring it, regulated only by the laws of demand and supply the only true -taodard of value Th* poor or rich man who now goes to marke'. will find that be may travel the whele ronnd and find that both *for meats and vegetables a uniform price exists, 'iyinir rise to the suspicion that there is a combination among the sellers to sell at fixed rates; and whether this snspi ca >n is correct or not, it cannot be deemed that the ex clusive privilege ensued by those licensed has a ten dency to pla ethis power in their hands. There U no city in these United Mates, or perhaps in the world, better situated to obtain supplies at a cheap rate, tuan the city of New York ; in addition to an inland ?water communication af hundreds of mix. our rail roads now stretch their arms over thousand' of miles of lertile and productive territory, the fertile bills of ?.o*h. n and vallevs of the I pper Delaware, as well as the han?s of the Hudson. Long Island and New Jersey for ? hundred inile* around, may send d*ilv, and "ven within a few hours, their supplies of everything neees ary for a luxuriant supply tor all our wants, so fur as toe maiket needs: and all that is wan'ed is for the city jovernment to procid? a.'commodatlons for an unre itrieted tiade in all the necessaries oftifo, tearing to the ree competition of the producer, with the necessary ?ceommodat'ons for his convenience. the privilege of aipplyingali our wants in this respect. Hi. re have b- en recently great complaints bv persons from the country, in the b?bit of attending our markets with vege ables, that tliey are restricted within certain 1 mits for the sale of their articles, and that they find the privileged space so crowded as to prevent their en franc? until the be*t time for selling is over, and they are then left, as they complain, to the tender m?rcie* of middlemen and speculator*. There have been frequent and great complaints made '.gainst what bas b-en called a class of monopolists, who ore said to forestall the market, and in that way keep 'ip the price sf the necessaries of life. Your committee would not lie understood as joining In this compl aint ?ny farther than such a monopoly is fostered by the laws and ordinances of the city; It should be the privi 'TT 9n'T|,r? ,n,n, *' kis own discretion, to purchase nnd sell as be plea-es, and if he is not Invested with f?ome ordinance calculated to foster his trade into a mo nopoly, he will be useful rather than otherwise to the consumers, there is nothing sn potent ss freo competi tor aud the laws of supply and'demand, to cure all the *vila, or supposed evils, said to grow out of this sy.-tem. Hewing ttie whole subject, therefore, in tts several Lesrings upon the Interests of the osty government, and ?ls.. upon the interests and convenience of the citizens in general your committee have come to the res.ilt that it is their dutyto recommend that the Commissioners of Hie Sinking Fund be Instructed, at the<r discretion, to ?.eii or rent all the markets belonging to the Corporation ?t public auction, in conformity with the provisions of the city charter. They would ni so recomwnd that at le\st two, if n it *]iree, (s?v or.e on the North, and one on the Kast T. rer.) markets of ample dimensions for th ? accom no ?l.rion of producers from the country, or for any others ?who choose to occupy them, for the purpose of th* pur e-base or sale of all manner of meate, vegetables or pro cjuce of any ltind, with convenient stands for articles i>r eight in by vessels; and also for wagons and nth?r ne'iiclea from the immediate vicinity of the city ^that no jpecmaneat stand or Apace be let to any one, but that a X*Monab.* and moderate charge be m.nle, <lailjr, to a ny ?not wutliiy to occupy them; and that the matter of *^d selling hs H?ft entirely free to the parties coaociie '.to purchase aod sell in any quantity, or at any price thes please, unrestricted by any ordinance oi ?h? any government. 'or the above name reasons, re com - nead the a<k>ption of the following resolutions ? 1 Resolved, That the I 'ommissioeers of the Sinking Faad be, and are hereby, directed on or before the 1st 5* ,?J rT'.*""!1' r*Bt- or as they shall think /or the beat Interest* of the Corporation, all the pnhMc gns-ket. aow belong! ay to the ctW, at pnW anetlo*. ia Willi Um fvtMmi W ik* ?My 2. Resolved, That it be referred to the Ownmlttee ea Market* to inquire and report where would be the beet and moat convenient titution for tbe two market* re commended m thia report; end alio the best mode of arrupwat for the not, tbe be?t material for the butluing, end in general anyting connected therewith tending to carry out tbe views end principles of the ibove report 3. Keaolved, That the Committee on Ordinance* be, and they are hereby, instructed so to relief the present ordinances o( t he Corporation respecting tbe markets, the repeal of the lionise laws, he., as shall bring them to <-orre*i>ond with the recommendations of the above report. All of which is respectfully submitted WM. CHA'TfCKY, ) Committee THOS. CHRISTY", /on Finance. ' Alderman Wakkman moved to till up tbe blank in the tir>-t resolution by insetting "lit of May next;" and in doing mo, strongly urged the necessity of selling those markets. Alderman Morr also spoke in favor of the sal* of the markets, aod leaving the enterprise open to public com petition. More markets were required up town. Alderman CHAincrr was in favor of (retting rid of the marketa. as they were an expense to the city. Alderman Hunt moved to strike out the word "sell," so that the resolution would read "to rent or lease," & c. Alderman Voorhis was opposed to the project to sell the markets, as wrong, particularly at thia time, when real estate was so low. Alderman Howard spoke against the propriety of sell ing tbe markets, and insinuated that it was a project set on foot by parties who were anxious to buy the pro perty. He was, however, in favor of the present market system, to prevent peculation, but he was opposed to this report. Alderman Kmj.r was in favor of the present system so fir as tbe letting of stall*. The amendment to strike out ''sell" was then accept ed. Tbe subject of renting or leasing was then taken up and discussed. Alderman Howard said he saw the motive of th*? re port and its supporters: it was to sell Washington Mar ket to the Erie Railroad Company. Alderman Wiujamook opposed the report, and said the move wan made for the purpose of destroying the down town markets. He then offered sn amendment, adding tlint the markets should he leastd for the purpose for which they are now used. This was carried, and, on motion of Alderman Wakkmax, the further considera tion of the subject was postponed. On motion, the Hoard adjourned to Friday eveniug. BOARD OP COUNCILMEN. This Board met at the usual hour yesterday ,ftet% noon, the l'reaident id the chair. The roll was called and the minute* of tho last meeting were read and approved. Councilman Wild here requested the privilege of ex plaining the reason of his absence yesterday. He had he said, been engaged organizing a relief association for the Eighth ward, and he never supposed that such a damnable proceeding as that which took place last niglit would be carried out. While he was employed in 're- 1 lieving the wants of the needy, a number of members were endeavoring to perpetrate a most shameful out rage upon the hones of the dead heroes of the Revo lution. A motion was made an I carried that Mr. Wild be ex cused for non attendance at the last me sting. The following papers were read : KKP0RT9 "if Finance Committee of Board of Aldermen? In fa vor of pay ng Wm. H. F.lting $391 for services as couu " mutter of opening Canal and widening Walker street. Referred to Fma nee Committee. MBOMJTlOKB FROM TIIK BOARD OF At.DF.RMRX. The./reat destitution and distress of our . C e"u' V worl;ln? meu of our city, are the im mediate result of want of employment: ami whereas ?Vl ?r W?rk V' amountH hllT? been and are constantly being ordered by the Common Council- and whereas, this Hoard has" passed an ordinance providing for monthly payments to all contractors, of seventy pe? cent unon ,11 work actually done, which ordinance If passed. will enable contractors to proceed forthwith with Therefore thereby giving employment to thousacds? T1lS! tlii?1,Hoar'1 earnestly recommend to each department of the city government, the urgent necessity of causing all work heretofore or which may be put under immediate con tract, with requisite provisions therein to ensure a speedy completion of tho vrork. ensure a HeMdved. That this Board respectfully request that the other co-ordinate branches of the city legislature will take early and lavorable action upon the ordinance referred to in the foregoing preamble. l Jt,T.'rd:.TIl5t t- reigoitigf preamble and resolutions tnth ? i . ^ f Coun(:ilmen, and copies thereof to the heads ol the respective departments of the citv government. Laid ou the table. y t!?e ??"P"7 recenUy organized to take the place of hnsine Company No. 30, disbanded be corred iu dl"'8naU'J Engine Company No. 51. Con Resolved, That the actual opening of Park place through the grounds of Columbia College, to ColWe J P 7 ln!ith' Un,i*r the direct! >n of tto [street < ouimiNMoner. Concurred in Resolve.!. That Cliff street, between Beekmau and tl be widened on the north westerly side thereof, commencing at Bees man street, ooaline?ith i tl.e present nrrthwesterly side or line of Cliff stre- 1 J",,n ,to Beeknisn street, and running or extending northeasterly ou a line with the front of tho bull iin* known as No. 61 Cliff street, where it will meet the present line of said Cliff street, and that the Counsel to the Corporation tale the necessary legal measures to carry this resolution into effect. Adopted Resolved^ That the sum of $'.><1,000 be appropriate 1 to regulate Hamilton square. Fourth and Lexington ave nues, and the streets below the grade adjacent, to em ploy the laboring community thrown out of employment at a moderate sum per .'ay : and the departui -nt havini st- pped work of any kind under contract, be. and are hereby directed to instruct the contractors to proceed with their work forthwith, from the passage of this resolution. Laid on the table. OOMMU.MCATIOra. A communication was received from the Comptroller in answer to a resolution of the Board, to the effect that lie !*? requested to report a detailed statement of all the moneys >lue to individuals, offlceis, contractors, laborinz men. mechanics, corporations or other parties, that have not been paid, or will not be paid before the close or the year, ?y reason <.f appropriations for 1S54, in cluding all arreargf s claimed for work done. Ac., bv order of the Ccmmon Council. The communication was laid ou the table. ,nd ordered to be printed. TR* BRTCK CHURCH. A motion w,s made ordering the report of the com mittM>on the sale of the Brick Church. After, brief discussion, it was pnt and lost. IHE 0?FAL fOXTRACT. The report of the Committee on Public Health, in rela tion to the contract maue with Wm. B. Reynolds was read for the third time. Accompanying it was abso lution to the effect that Wm. B. Reynolds be paid by the city the amount of the valuation of his property, to b? conveyed to the city agreeably to the repoij of the com mittee: that in making a new contract the City Inspector i shall provide for the payment to tho city by the new contractor of the sum at which the said property shall be valued: and that the City Inspector shall take mea sures for the performance of tho same services per formed by Mr. Reynolds. BONDS IPO* COXTRACTB. The rollowing ordinance to authorise the Issue of 1 uP"n contracts, payable by assessments, in nur suanceolthe act of the legislature, passed April 1?, tv T?" ",iol,te,i a T?te of 32 yeas to 13 navs:? The Mayor, Aldermen and Commonalty of the city of follow- 'n Common Council convened, do ordain as Section 1. Wherever any contract shall be made here after. by au v of the departments of the corporation, the amount whereof is to be afterwards collected by assess ments from the property benefitted by the work to be ..one under said contract, it shall be the duty of the head of department making such contract,, to cause to be inserted therein a clause that, as the work progresses payments will be made to the contractors, by monthlv instalments of seventy per cent on the amount or work performed and the head of department making such contracts shall forthwith tile a true copy thereof with the ( ompt roller. Sec. 2. The amount due contractors, on all contracts now confirmed by the Common Council and on work now in progress under contracts, on ?ccount of regulating an, l pa v.ng streets, building >fl?ers, and ,11 otiier work order, d to be done l.y contract, by virtue of ordinance , of the Common Council, shall be paid by the Comp. I t roller from the proceecs of assessment bonds, isiued ln . a<rc,'r*1*nr' w'th the act of the legislature, passed April In. but no money shall be paid on account of said assessments or contracts until a copy of the origi al contract has been filed with the Comptroller or the city bv the head of the department having such worn in i (harge. with a certificate in writing from the head of sncli dep?rtment. st?tlng the amount of work tliat has been completed, and tie amount due ths contractor for i such work, according to the terms or the original eon tract. Cpon the amount thus certified and ascertained to be due to the contractor, the Comptroller shall pay seventy per cent, the remaining thirty p*r cent to be ' reserved until the eompletiou of the contract. Sec. 3. For the purpose <.r providing for the payments contemplated under this ordinance it shall b? the duty or the Comptroller from time to time, to borrow such sums as may lie necessary, (as provided in the act entitled "an act to author.** the Mavor, Aldermen and Commonalty of the city or New York, to issue assess ment bonds." passed April 10, 1S82,) upon bonds to be kooeoss 'assessment bonds," at , rate of Interest not te exceed six per cent per annum; and the bonds so is nued Nball be paid from the collection* made on the ?*? ses.m. nt list, when confirmed bv the Common Council and which are hereby speeiflcallv pledged for such pur poses. And the contractors to whom payments shall have been made, in accordance with the provisions of the first and second sect ons of thi, ordinance, shall i.pon the final payment or the amount due upon their several contracts, Ite charged at the rate of seven per cent per annum lor all .?< that may have been advanced to them, as provided In the foregoing sections of tbi- ordinance, and it ,haU lie the duty of the Comp. tr< Iter to deduct from the amount due on each contract the interest money so charged. >Vc. 4. Whenever any paymeut shall become due upon any contract, according to the provisions thereof, or in accordance with any ol the provisions of this ordinance j if shall be the duty of the bead of department having such work in charge, to furnish to the person or persona entitled to such payments a fertilioate. In writing, signed by the head of sucu department, specifying the contract npon which such payment is due and the amount due upon anch contract f-'ec. ft. It shall be the duty of the Comptroller on the presentation of sncli certificate being made to him to pay the amount thereof, and indorse snch payment | upon the contract upon which auch payment is made, | bnt no payment shall be made upon auch contract beyond the , mount thereof, and the final par nieot thereon Khali not be made until the head of deportment having such work ia charge shall furnish the Comptroller, who shall flle the ?ame in hi, oAoe, ? certificate eigne.! by the bsod of auch doport 1 ?"t, that the work mentioned la auch contract has ? Nm completed acoordiof to the term, of s*<J contract, ?ad to the uUiftcttoi of the bead af diptrtaw 1 |4rii| aach certificate. Tkt Anal ptjml upon my aueh eMlmti aball be tt lm>t thirty Mr east oo tba taount thereof, tod the certificate of aucb final payiut shall not be given until tba aaaaaaaa?t Cor aaid work ahall be teoSnM by tba Commoa Council. baa 6. Tba Comptroller aball keep a raoard af all boada ao isaued, specifying the 'particular work on ae aount of which the name may be iaaued, and all money* collected on account of any work for the payment of which aaid bond* were iaaued, aball be faithfully applied aa aforeaaid , and all aama thua received by the Comp troller for interest from tba contractor*, beyond th araount paid aa inteiaat upon tba aaaeeaxaent bond* contemplated by thia ordinance, a hall be paid into th? sinking fund, pledged for the redemption of the city debt. 8ec. 7. Thia ordinance shall apply enly to oontraeta of tan thousand dollara and over. Contract* involving an expenditure of Ieaa amount than ten thousand dollar*, may be paid by tba Comptroller with aaaeaament bond* isaued in accordanoe with the State law of April 16, 18(2, in tbe manner preacribad by thia ordinance, only upon the confirmation of the aaaeaament by the Com mon Council. And it i* alao hereby expreaaly provided, that hereafter, whan the Street ComrikUaioner and Comp troller, or either or them, have reaion to believe that the aiaeaaable property it insufficient to provide for it* full payment by an aaaesunent made in compli ance with the law* of the State, and the ordinance* of the Common Council, it *ball be tbe duty of the Comptroller to have a certified copy of the valua tion of the property fronting on the avenue* or street* embraced in the ordinance, and if the sum required to complete tbe work la greater than the aum which can be assessed and collected from the property, the work shall not be put under contract, but all the facts, with the opinions of tbe Street Commissioner and the Comp troller in relation to the batter, shall be reported to the Common Council, to the end that the payment of all assessment bonds iaaued under this ordinance, for the payment of contractors, may be amply provided for by the property benefited by the improvement. "Sec. 8. The ordinance entitled "An ordinance to au thorize the issue of bonds upon contracts," passed Oct. 13, 1862, and all other ordinances inconsistent with thia. be, and the same are, hereby repealed. Tae Board adjourned till this afternoon. BOARD OP SUPERVISORS. Dec. 28. ? Alderman Ely in the chair. The minutes of the last meeting were read and approved. PKT1TIONS AND BILIXS KIVKKKED. The petition of R. Livingston Pell and Rebecca Long for correction of taxes ; hill for conveying prisoners from the Tombs to the courts .in ?? epeember, October and No vember, 1863, $76; bill of Edward Eccleston, for copying ndexes, &c., $223; of Theodore Hart, $140;ofG.W. N< wcomb, $87 86. BltliJ PAID. Of Henry Vandervoort, Clerk of tne Court of Oyer and Terminer, for furnishing criminal statistics to the Secre tary of State, $180. For expenses incurred in refitting the room of the Pearl Hone Company, $186. SAl.ARW OF TIIK f'i.KKKS IN THK COUNTY CLKKK'8 CFFICg. The report of the committee, in favor of raising the salaries of the following officer* of the County Clerk's office, was received and adopted: ? Benjamin Cohen from $Hf>0 per annum to $1,000 A. G. Wallace, from H00 do. 850 Jas. Msgearey. from 600 do. 750 John M. Trent, fiom 600 do. 750 John Martin, frwn 600 do. 750 Charles Kepp. from 600 _ do. ........ 750 Adjourned, to meet again this evening, Friday, at four o'clock. * Supreme Court? Special Term. OWEN VS. POTTK* ? EXAMINATION ON OATH OF PEE 8ON8 HOT PARTIES TO TUE 8DIT. Roostytxt, J. ? The law provides (Code k) 236) that whenever the sheriff, having a warrant of attachment against a debtor, shall apply to a person supposed to hohl property of the debtor, such person shall furuish him with a certificate, under his hand, designating the amount and description of the property or debt held for, or owing to, the defendant, and that if such person re fuse to give the required certificate, the Judge may, on pain of commitment, require his personal attendance, to be examined on oath concerning the matter. In the present case, Met>srs. Carson & Uurd on being applied to gave a certificate that they had no property of the debtor in their possession or under their control. And the ques tion is. can they, undersuchcircumstances, be compelled to submit to an exaininationr If they had certified that they had a penknife, and only that, of the value of fifty cents and no more, no farther steps, it is obvious, under the section referred to, could have been taken against them. And is not such a certificate substan tially the same as saying, "under their hand," that they have 41 no property" of the debtor? Or, putting the quere in another form, are not the words " as property," a correct legal de-lgnation, in such cases, of the amount and description of the pro perty held V The law makes the unsworn certificate of the person who has no interest in the controversy a bar to any further inquiry in that summary mode. If the creditor, notwithstanding th* certificate, wouMproceel further, he must do so in the same manner as hi* debtor must have done? be must institute, in the name ot his debtor, an ordinary suit in the usual and ordi nary manner, giving to the individual proceeded against the came forms of defence as if no attachment had been issued. An attachment is in the nature of an assign ment: and it is a well established principle, which the Cone in this provision clearly reeogniios, that the as rifjKce can have no greater rights tuan his assignor. If the assignor ? his claim l?eiug denied ? must have sued by regular ,-umuious and complaint, the assignee shall do tile ISM. It sterns clear, therefore, that the NW shown by Mersrs. Carson and Hurd, both according to the spirit and letter of the Code, is sufficient, in the first instance, to protect them from the extraordinary inqui sition proposed to be instituted. They are not bounl, against their will, further to disclose, in a suit to which tiiey are not j.ar'ies, the particulars of thidr business, if iinv, with the plaintiff's debtor. A* hills of discovery sre abolished, bow. then, it may be asked. Is the neces sary information to be obtained? Is the creditor to be estopped by the mere statement, without oath, of per haps an interested person, that be has only one cent, or, in other words, no property, of the debtor ? The Code answers yes; but it adds, that if the creditor disbel eve the statement, he may, either in the name of the she riff or in the name of the defendant in the attachment, (subject to the direction of the court or judge,) "take such legal proceedings (sec. 232) as may be necessary to collect and receive into bis possession all debts, cre dits and effects of the defendant." The less formal method might perhaps have bo^n preferable. It is suffi cient, however, that the Legislature thought ? or at least have enacted ? otherwise: and that it is the duty of court*, when that body has declared the law, whether wisely or not, to carry out its intentions Ttie order to their cause must, therefore, be discharged. The Liquor Low In Rhode Island? Why Un constitutional? Opinion of Judge Drayton. [From the Providence Journal, Dec. 27.] bi'PKKMK Court, Tuesday, Dec. 26, 1854. The Stale, Jabci B. Potter, complainant , agt. Jamtst Snow. ? This was if complaint Against the defendant for keeping or suffering to be kept on his premises or pos sesions, or nnder his charge, ale, wine. 4c. The penal ty for this offence is a fine of twenty dollars, or impri sonment fcr thirty days. Subsequent to the Issuing of thin complaint a warrant of search was issued, under the 9th section of the act. upon which certain liquor* found in the possession of the defendant were seised. In the Court of Magistrates the defendant >ais?d cer tain constitutional objections to the law, and they were certified to the Supreme Court under the stat'.te, and there argued by the Attornev-Geneial for complainant, and L. Salisbury, Esq., for the defendant. His Honor Judge Bray ton delivered the opinion of the Co uit:? 1. Hie first objection is thst the law provides for taking private property for pnblic use without just com pensation. There is no analogy between the taking private pro perty for public use, and adjudging property forfeit for crime, and this objection is not valid. 2. The act provides that it shall not be necessary par ticularly to descriDe the kinds or packages of liquor to be searched for, and so conflicts with the constitution, which requires that a search warrant shall describe as nearlv as may be the persons and things to be neized But the description may be as certain as the nature of the thing will admit, and yet not describe particularly the kinds or packages of liquor. And this objection is not valid. 3. The act provides that any amendments may be made, and so conflicts with the constitution, which pro vides that the accused shall be informed of th* nature and cause of the accusation against him. But an amen 1 men! is not a new accusation. Anything which amounts to that cease* to be an amendment, and g>es beyond what the law authorizes. Besides, tlii* part of the act uiay be void and the rest valid. This objection, there fore. has no validity. 4. The act provides for the destruction of proper seized without any proof that it was held for sale, an 1 so conflicts with the constitution, which provides that the accused shall not be deprived of life, liberty, or pro p?rty. unless by the judgment of his peers or the law of the land. This is ? valid objection. The act provide* for the seizure of liquor*, and then provides that upon the con v ction of the party in whose possession they are found, or selling, or keeping for sale. liquors of the* same kind us those seized, the liquors seized shall be adjudged for feit and destroyed; and no proof is require,! that the liquors so seize* to be destroyed were ever kept for sale. This part of the art is unconstitutional 5. It is objected that the act provides for two punish m> nts for the same offence, inasmuch as by the 4th sec tion a man may be convicted of selling, and by the 8th section may he convictad as a common seller for the same sales. This question cannot oe?ur in this case, and no opinion is given upon it. In tbls case, ho far as anything appears to the court, there is no objection to the law or the form of proceed ing. The resnlt of the decision Is. that in the particular case before the court the pm waitings were valid, and the conviction was right bnt by an obiter dictum, the court pronounce the seizure clause in the law. as it now stuuda, unconstitutional. Political Intelligence. Know Nonnxo V if tout in APPalacsicoi.a, Fla ? At an election In Appalaclilcola, on t'ie 18th Inst., Oliver ( rawford, tbe Know Nothing candidate, was elected County Commissioner, to fill the vacancy caused by the resignation of Mr. John B. Kendrick. Govkbno* os Aiauama. ? Among the persons spoken of for t l>e next ( h'ef magistrate of Alabama are Messrs. R. A. Bakes, of Mobile; James F, Belser, Thomas H. Wats, snd Thomas J. Judge, of Montgomery; the brothers I'.ii hard W. Walker, whig, and I.eroy P. Walker, demo crat, and George D. Khortrnlge, of Shelby. 'Ihe f hambersburf. (Pa.) ^aazerirt, a wing paper, hoists tbe name of General Houston, for Presid ?nt The deaiotrats of Allegany City, (IV) have nominated Nelson Campbell, Esq., 7or Mayor The wblga of Bath county, (Va.) have oom mated the Boa. John M. Bolts, for Governor. Th* HariTlmu. wuaamt iom ? wabp wwmwi ro? m too*. The eflbrts on Milfof the poor in pmgnsstng with pMt energy. From overy quarter we hear of new pro ject* being Nt on foot. The Common Council, the Tea Governor*, the Commissioners of Emigration, beside* numberless ward movements, are all making prepara tion* to alleviate the existing diitre**. In the Seventh ward a depot ha* been opened corner of Tenth street and avenue D, where food will be fur niihed to those who need it. It is estimated that from 7,000 to 10,000 people are out flf employment in this ward. A meeting was held yesterday afternoon at Onderdonk Hall, corner of Clinton and Grand at reeta, to take mea sures for the relief of the necessitous in the Thirteenth ward. In the Fourteenth ward a meeting was held last night at the Westchester House, and another will be held to night in the drill room over Centre market, for the same purpose. The cltisens of the Fifteenth ward met last night at Stuyvesant Institute, and measures were taken to re lieve the poor. In the Twenty -second ward a meeting will be held this afternoon at National Hall, 234 Forty-fourth street. The following letters from correspondents will be read with interest TO THE EDITOR OF THK HKKALO. In your report of the proceeding* of the meeting of the Unemployed Mechanics, in the Hark, on Christmas day, 1 am represented a* having tenlered the resolution, agrarian and repudiative in all its characteristics, touching the relations existing between landlord and tenant. The only resolution I offered was one suggested by Mr. Paul's remarks, in regard to the soup house in the Eleventh ward, as follows: ? Resolved. That all who appreciate the effort* of those who are giving soup to the hungry, immediately petition the Corporation of the city of New York, to furnish theui a badge, upon which shall be painted, "Starring ? licenced 10 beg." Which resolution the public will perceive is harmless. I wonld aleo state, that "Job Clavera" is hut a soubri quet of a correspondent of a number of newspaper* in the I'nited States, a signature over which I am in the habit of writing. Many of my friends who are aware of this fact, seeing Job in the position in which he has been placed by your reporter, I would be pleased to have you disabuse their minds in this explanation. JOB CLAVERS. TO THE EDITOR OK THE HERALD. Nxw Yohk, Dec. 34, 1854. The suggestion of "Amerlcus" to the keepers of bar- 1 rooms, to give one (lay of their earnings to help the den titute, is a very good one; but I wnnl<1 aUo suggest that J the neighboring farmers who hive been and are accumu lating wealth by the high prices they are receiving for their produce, ought to be shamed into assisting to- , wards the relief of the working classes of the city, who have foolishly spent every cent at the m irket, when they received extravagant wages. Let the farmer know that from the cities of New York and Brooklyn they draw their wealth, and that it will be a stain on their character as a class, if they do not in time likewise come forward to help the needy. The nest classes are the butchers and the dry goods merchants. Where are these men? Have they any spirit of liberality or Chris tianity? Shame 1 say to them, as classes, if they keep back from helping those who have filled their pockets when times were good. BuJt let mechanics also learn a lesson, that it is wrong to be a spendthrift in prosperity, and then to threaten physical force when their services are not required. The high wage* they have received, have in too many instances b?en spent in luxuries, silk dresses und mahogany furniture for their families, in stead of saving a mite tor winter, during which season in all times and climates, they know there is not much work done. If they have been improvident let them humbly ask help, but not dare to make threats; 1st them consider that the fault lies in a great measure with 1 themselves ; let them consider that their associations, combinations, and strikes for higher wages, have had no little share in their present distress, for no man in his senses, should have built a house of gold, instead of bricka, to throw it away under the hammer the next season, and the Indebtedness incurred by the builders and others, by paying the enormous wages, lias ruined both the employer and the working man. If the demand for higher wages bad not I teen complied with at the time, they would be in a better condition than they are now. The high wages paid was bnt an Incentive to farmers and provision dealers, 'to raise their prices, and nothing but a return to former wages will reduce prices, where the working classes are numerous. "We cannot get good meat short of one shilling iter pound;" well, let the but chers alone. Millions of workingmen and others, on the Continent of Europe, live on rice, beans, and Indian meal, and are as stout and healthy as can be desirable, 1 without touching meat perhaps once in six months; and as to silk bonnets and silk ribbons, they do not dream of such a sin The practice of having only one kind of breal is another cause of distress. In Europe bread made of ilour, without extracting the bran or shorta, is a com mon thing, a healthy food, equal to what more politely is called (Jraham bread here. Why cannot a number of bakeries be established by co-operation to make cheap brown bread for those who cannot atford, especially at the present price of flour, to get sufficient bread made ?? superfine bakers' brands?" l'leaae inquire into this lust suggestion. And finally let all working men be glad, (as others are.) to accept lower wages, tor " half a loaf Is better than no bread." If the sawyer asks too much to saw my wood, I must saw it myself ? hence he atarvea and complain. If the mechanics ask too high wages, I can not build my house ? hence I must be satisfied to rent, and give no work to them, &c. PRACTICAL MAN. TO THK EDITOR OP THE HERALD. New Tore, Dsc. 22, 1854. I wish to submit a suggestion for your benevolent consideration, which I consider would hare ft ten dency to alleviate, in a considerable decree, the ex iieme suffering of the poor of this city during the ! inclemency of the winter, the scarcity of work, and other concomitants or consequence* of hard times. It is this: Suppose the New Tore Herald, (th\ pioneer of all charitable calls,) the Tribune, Timt*, and in fact all the daily papers, should charge an additional cent for each paper, an 1 the a iditiooal cent should be appropriated by the editor of each paper weekly to such persona as they may choose tor distributing the amount so contributed, In a manner as may be deemed most benefioial for the object. The small taxation of six cent* weekly by the rewspsper readers would not be felt, but would be hailed with joy by every one, no matter his clan or country, it being a fnnd for the general good. The Herald, with IU 40,000 dtv readers, would by this means contribute $400 daily, and, with the other two papers named, would thus contribute about 16,000 weekly, waich in skillful hands wonid do much good. It might be argued by ft superficial observer tbftt the ftdoitionftl caarge would hare a tendency to decrease the circulation. The idea is 1 33 uncharitable for a moment's consideration The real era of the Herald. 1 will Touch tor, having In a mea sure Imbibed the liberal and philanthropio spirit of its editor, will not only be elated at the mea of biing able to give the widow's mite, lending t3 the Lord, by giving to the poor, bat will read their paper as nsual, and be emulous with each otoer, acting even as agents for the furtherance of such a noble cause; and should the readers of New York be S3 recreant to the calls of humanity as to object to the addi tional charge, it being universal, they trill have no alternative; and again, the suggestion might bentfit other cities, wheie the cjmfort of the poor is more an object of solicitude. Tbe editors of public journal) have great respon sibilities; tbeyara tbe public guardians; the we *1 and woe of the publio, in a measure, are dependent upon them, in times of trouble, to mitigate by their influence at mucn suffering as possible. Taking it as a pecuuiary afi air, as regards the editors personally ? ?houli there be a decrease of eveu 500 daily, make goad their circulation from the adoitional mm; the residue or surplus give t J the poor; and rest aseured the heartfelt thanks ot the suffering recipients will be a consoling mead to your spirit. Being the pioneer in this matter , try it on till New Year's, and then let the New York ? ditors set an example to the world; give the New York t>oor such a New Year's gift as will gladlen 'ocir hearts, and thenatil day of 1855 will ever alter appear as a green spot in tbe waste of your memory. Hoping taatyou will gire the foregoing a favorable consideration, I remain, A Mechanic. The da'ly papers of this city are able to give $10,000 weekly to the city. Phase compute it. THE TWENTIETH WARD POOR. last evening, p meeting of cltisen* of the Twentieth ward was held at the corner of Twenty-sixth street and Seventh avenue, to take measures for the relief of the poor in thst ward. B. N Fowler occupied tbe chair. The establishment of soup housea was resolved on, and a number of gentlemen were appointed to solicit and distribute contributions for the oestltnte; after which, the meeting adjourned to Friday evening next, at Con tinental Hall, corner of Thirty-fourth atreet anil Eighth avenue. THE POOR OP BROOELTW. Since the 1st of December upwards of five hundred tons of coal have been distributed to the pjor of this city by Messrs Rhodes and Rushmore, the Superin tendents of the Po >r. Within the same period they have . also diatribe ted about $100 worth of groceries The number of pauper* admitted to the Almshouse average thirty-five per day for the month, and the number of indigent persons now in the Almshouse building* reaches a total of 1,700. In formsr yearj or 400 was con sidered a large number. RKLIFF IX THOY. A resolution ha? lieen allotted by the Commin Coun cil rt Trov appropriating $000 to be expended for the relief of the sick and destitute Another resolution was adopted, which authorises the overseer of the city poor to send poor siek persons to the Marshall InHrtntry, there to b? provided for at the expense of the city, at th? rate of tl 50 per week. socp notrsKs m bohton The Mayor ot Boston has been aiitborired to establish ilejiots for the purpose ot serving ont soap for the po-jr daring the present wioter. The plan is to hare thre places la diifcrent parts of the city, and to issu? ticteU under proper Supervision to the needy for some time past there has been fre?Mot appMeafloas to the Mayer lor aid from the city fro? these who hare never before been a paU.c charge Owe Mechanic stated to the Mayer M wssk thai hmstefms he h?4 baea iMt to [ earn aa? gfc to Mpport his family , without, hwwit, beiag eMe to Hit up anything Now he was without work, hariag toon totally unsble to obtain smplayaaaat even for the briefest period. He asked of fee cltf to give him foot for hie family . Such caaee are daily In creasing. RELIEF or THB POO* IX UUHT. The Common Council of Albany have adopted the fol lowing resolution! Resolred, That the committee of the association for the relief of the poor in thle city be allowed to [ire or ders for coal upoa the overseer of the poor, to the ex. tent of 200 tone, under inch regulations u the Board of Magistratse and auch committee ihall preecribe. Required, That the orerneer of the poor be directed to give hie order* for temporary relief of the poor for the supply of provisions, upon the agent having charge of the a tore honae of aaid aaeeeiaion. under auch regula tions aa the aaid Board of Mi filtrates aad committee ibMi pmcribi Resolred, That the Common Council will ad ranee the aom of $500 to aaid association for the purehaee of atorea and provisions, upon the certificate of aaid oom mittee and the Board of Magistrates . Three thousand aeren hundred and three dollars has been rained by subscription in Hartford, Conn., for the relief of the poor, sbd the subscribers lueT fa Tuesday erening to consider upon the best mode of distributing the amount. BUSINESS IN CHICAGO, ILL. [From the Chicago Press, Dec. 23.] Chicago, in common with other citios, has felt the in fluence of the hard times ; and not a few. It must be confessed, have reaaon to regret that they did not begin to curtail aooner ; but, aa compared with other does, abe ia now, and ia likely to be for some time to come, in a highly prosperous condition. Our manufacturers, so far aa we know, hare all they can do. We know of no master mechanic who has been obliged to discharge his bands on account of the " dull times. " As for the ma sons, carpenters and builders that hare been thrown ont of employment in New York, and all that class of men who build up a city, Chicago could gire employmeht to the whole of them as soon as the spring opens, if we only bad room to house them when they get here, and our property owners could command the means to inrest in buildings. We repeat what we hare so often said be fore, that there are not half men enough, nor half room enough, snd certainly there ia not half capital enough, to do the buainess that is presaing upon us. Ten trunk railroads hare been put in operation is teas than three years, and they are rapidly extending south and west of us. They are bringing ua more business than we hare the facilities to do. Our merchants and produce dealers, our manufacturers and business men generally, must have more room. Large stores and Immense ware bouses must be built ; our hotel accommodations and our dwelling houses ought to be doubled in the next six months, and our banking facilities might be in creased in the same ratio with great adrantage to the city. CONTINUATION OP THE STRIKE ON THE BALTIMORE AND OHIO RAILBOAD. [From the Baltimore Sun, Dee. 2ft ] The strike of the men engaged in running the freight trains on the Baltimore and Ohio Railroad still con tinues. We are informed, howerer, that it is confined to the first dirision <-f the line, between Baltimore and Martinsburg. It is thought that those employed on the western sections of the road will not lea re their work, as the company 's rerised rates and regulations are rather beneficial to them, whereas on this end of the line It affects the employes somewhat differently. Vet even here, it is said, some of the men are willing to resume work. Meanwhile, the tonnage trains are going out in smsll numbers. Four trains are said to have started from Mount Clare on Saturday, and about the same number enme in from Martinsburg. This is not more than one-third the number which should be run, how ever, aud which the present business of the road re quirts. Freight is accumulating at various points. The striker;' meeting, held at China Hall, appointed a committee to wait upon the President of the company, and tequest him to call the Board of Directors together to consider their claims. The President is understood to hare declined to recognise the men as belonging to the service. He assured them that the company on no ac count would recede from the ground It has deliberately assumed, alleging that the wages intending to Oe psid are higher than upon other roads for similar work.' Of this matter it is only the initiated who may be compe tent to judge. But it seems the men differ from the company ? both being parties, it is to be presumed are familiar with the question. It is to be hoped, howerer, that they will be abU' to reconcile their differences, as it seems probable that if they do not, new men will be put on duty as fast as they can be placed upon the road with safety. Tie company is said to hare applications from different quarters for employment, and from men, in many instances, experienced in railroad duties. United States Commliiloner'i Court. Before George W. Morton, Esq. CHARGE OF FELONY ON THE WRECK OF THB SHIP NIW KB A. Dec. 28. The United States vt. Ucmc Hurbert and Or lando Bennett.? The defendants in this case ate charged with stealing one sail, valued at $30, from the wreck of the New Era. Alfred G. Benson, examined by Mr. Joachimssen, de posed that he is a merchant doing business in New York; knows the defendants; they are engaged as wreckers; witness holds a bill of sale for the New Era, she is about sixteen miles below Sandy Hook, wrecked and sunk, with about MX feet of the starboard quarter out of water; the defendants took a sail from the vessel without the authority of the witness. A copy of the bill of sale was produced by Mr. Dono hue, counsel for the accused, in which it appears that be hull and spars of the New Era, as she now lies on be beach, were conveyed to Mr. Benson, and that it wa< understood that no cargo or other property is included n the bill of sale. . ... The Commissioner decided that the complainant did fhow any right of property over the sail alleged to have been stolen, and therefore dismissed the charge. Tut United Mate* agaimt the tame ? Hurbert and B Mi ni tt were then charged with cutting and Injuring the wreck of the New Era. Jason L. Pendleton, examined by Mr. Joachimssen, de po'ed that he knows the defendants ' saw them at the wreck of th? New Era on the 8th of December; they had some live or six men getting out cargo: they continued ?retting out csrtre ; I di'? not see them destroy the vesaei that day; on the 13th I did; Mr. Hurbert was there; I did not see Bennett on that occasion; there were men on board; they were that day sawing the lower deck, beams and carlins off; 1 went aboard with Captain Grier, In his boat, and told Hurbert in his presence that he must not cut or mutilate the ship; he said it was all right, but he would be d d if he wiuld'nt cut her until he got the cargo all out of her; that cutting weakened the lower deck of the vessel. . , Q Did it destroy the deck? A. It did; she was a new ship of thirteen or fourteen hundred tons; preparations were being made by Mr. Benson to get the ship off; the ship was not strained in the least. Cross-examined by Mr- Donohue? I did not know what cargo was in her; do not knew of my own knowledge that preparations were made to get bar off; line ha*I two deeks originally : one of them (the upper deck) was gone in part . prettv much of the lee side was left; nothing had been done up to that time, to my knowledge, to get her off; the vessel was stripped, except that her lower mast, her main and crotchet guards and the mtxentop mast, was there; there was no rigging on; I did not see any effort, up to 'hat time, to save that part of the car go the vessel lay 7o or 80 fathoms from the beach, In about 18 feet of water on the land side; 1 am master manner; I am not engaged in the wrecking business . the defendants offered me uo opposition, nor prevented me from doing anything. # Q. Di?l ther tell you they were saving the cargo for the insurance company? A. They told me they had au th>ritv, but they did not show It to me; 1 asUed Bennett f? Alfred G. Benson deposed that he was the owner of the wreck of the vessel New Era. and produced his title to her- 1 went on beard on the 13th December and saw Mr. Hurbert there with a party of men: I told him I owned the vessel and that he must cot cut it to piece*; he said he had cut it and should continue to cut; I told him 1 I was making preparations to get her off and to plank up her deck, which had been cast away; he or some ol his partv said if 1 undertook to do that there would be a wef time; 1 saw some of the party sawing under water; Mr. Bennett was there with them. . o I)o you know of any preparations being made to get that vessel off? A. I had made and am still making pre I .s rations to get her off. Cros? examined? 1 do not know except by the pub Ic I ii ani'est, what i? iu that lower hold: I do not knojr how I t ciitly or liow loosely tt is stowed ; I do not know what 1 tiie weis lit of the cargo in the lower hold is; 1 mow some o- it is light and some heavy, because I saw a ca*k Boat up from the wreck; I also *aw some l>oxe?? come up; I do not know what was In them: Isaw them pull up some of the events; I am a merchant: yon may call me a wrecker ir von pit are; 1 am a wrecker in this case. Q. What have you thine down thereto get tnls vessel off* A. 1 sent plank and spikes down, I sent down two schooners with planks; 1 Hjiked on the deck plank, which they said they had cut off ns far as 1 could: I built a house on shore for my men to live in; 1 have employed men, and made arrange inents for using camels (large India rubber bags) for ratting the vessel; I h?d employed a diving bell , 1 can t think of anything else that I have done; I bare not savfd ai.y part of the vessel; I have spent my time in putting in repair what they destroyed; I don t know when the vessel went ashore, nor how deep she Is in the water; these parties did not tell roe for whom they were acting; thi-y refused to tell me; 1 did not know that they were acting for the insurance company; I do not know that they got out any dead bodies from the wreck. To Mr. Joachimssen ? The par les said that they had cut, and would routinue to cut, and thutif I interfered should have a wet time of It. .... .. James Greer deposed that he was on board the wreck, knows Hurbert he was there on the 13th; Bennett wa* not there; saw men under Hurbert'* charge cut the vessel: that destroyed the lower deck Witness cor roborated the testimony of Mr. Pendleton. Cross-examined ? They were cutting to get out the cargo. Q Could they get the cargo out without cnt ting? A. That I can't say; there were tbe hatches, but thev were under water. , _ To the District Attorney (Mr. McKeon) ? They were sawing the vessel because it was easier te get th* cargo out that way . I have seen the apparatus that was sent down br Mr Benson; tie cargo could be taken out of the vessel with that apparatus without destroying her, ?he cctild be got off with very little of her cargo b?in ( taken out: I have been engaged In the wrecking busi ness, off and on, for ten or eleven years. (.eorge W. Howe gave corroborating testimony. Tbe Commissioner did not consider the evidence sum cient to warrant his committing the accused, and he dismissed the complaint. Pike Extinqi ishkd by ? la ? fire whlod occurred at 1'eoria, in Friedly k Unooln s factory, the proprietor* ordered the s.fety valve of the steam engine to be opened. In a few m nutes the building was filled with the steam, which jienetrated every oorner where Ore could burn, and completely subdued the flames Ererv roantffac'ory where steam U used oonid have mechanical contrivance by which the st?a?if ^ boiler could be admitted into evervroom liable to flf*. and thus poeeess the nwi Ufto the previa** of W1) dulng the flames Ow MmIibb OwfMfMltMfc Gtarr or ttnoo, Dm. U, MM. Another Ormmd Bt Amme tf ftnti Anmm U Mmi? Iks Wimd ? the DictmUr Turning TrnjUkfr in HMMltak There Mm WW a ruler ao fertile ia expedieata Car filling hia private coffer* aa the great Military and fiaaa - eial geaiua under whoa* * way wa have the laNtiMM* happineaa to live. Ha baa, to be ear*, oaa advaatog* over otbara who haw had aa great aa itehlag far filthy Inert, bat who hare been reatraiaed from gratifying It by a aenae of what waa due to their high piilUoM ? * that ia, that*tha|oplnione of tha world on thia point tna ble him but Ilttla. As tha phraaa gone, everything i* griat that eaaaaa to hi* mill, tad to tha Ml with al conaiderationa of dooency, humaaitj or aalf-reapaat. Ton hare probably not heard of hi a new aoha? tar adding a faw thousand dollars mora to hia ill gettaa wealth. It baato all hia former ahifta and devioea ia me annr?a and atrocity. Ton will be aurpriaad whoa I toll you ? (although, after all, I do not aaa why yat ahould) ? that the Dictator ia tarniag alar* dealer aal tra flicker ia human Utah I The story goee here, aad there ia every reason to cradit ita acsuracy, that far a eonaidaratlon of $20,000, he haa authoriaed hia former aide-de-camp. Col. Jimenea. to proceed to Yucatan to wage war againat the Indiana, with a view to make priaoaera, who are to be aold to Meaara. Goieuria k Co.. a Spaaiah Arm at Havana, for a term of yeara, at $16 a head. Oaea introduced into Cuba, they will, of conrae, be reeold to the planter*, and the poor devila will never again be beard of. Jimenes haa been furniahed with money by Qoicuria k Co., for the equipment of a large body of aaa to be employed in devaatatiug the Indian villagee, aal ia carrying out the object of thia diagracefol oompact. In the meanwhile, General de la Vega, who at preaajlt earn manda the Mexican forcea in Yucatan, amuaaa hiamatf in hanging the wretched Indiana aa faat aa ha can cap ture them. What think yon, after thia. of the man who? if we were to regard in a serious light the late election re turn* ? it would aeem aa if all Mexico 11 delighieth to honorr" I think yon will agree with me that it would b* difficult to find in all history a parallel caae of a ruler ia wlioin the uualitie* of misplaced ambitioa, paltroaaary and insatiable cupidity are more atrikiugly combined. Our Albany Correspondence. k A l bint, Dee. 23, 1*54. Canal Toll* on Railroad* ? Increase of Fare on Road* ? Attempt to Ou*t the Superintendent of Banking Department? Speaker of . the H* use? Democratic Candidate? Senate Committee ? ? fke Governor and the Courts? 'Private Secretary to hi * Excellency? Ttmawanda Sioamp, frc. One of the most important measures which the Le gislature will be called to act npon is the proposition to impose canal tolls upon railroad freight. Pre vious to 1851, sach tolls were paid by the Ceaferal line between Buffalo and Albany. Daring the extra Beesion of that year, a qua*i effort was nude to in clude the Northern and Southern roads, hot instead of thus protecting the canal interests, and, rmso quently.the State, the tolls were removed from the Central line. Since then the roads have been per mitted to cany the best paying freight, tiklag it from the canals, thereby depriving the canal fond of a mitli.m annually, which legitimately * belonged to it. Notwithstanding the increased amount of business transacted between tide water aad the lakes, the canal revenues are continually falling off, year by year, and this year taere is a deficiency cf half a million, oompared even with the year 1853. Daring this time the receipts for railroad freights have been fifty per oent, aud with all the facilities on the Central and Erie, freight is de tained at the depot weeks and months for want of locomotives and cere. Thus it is, whilst the canals, the property of the people, are running backward, the railroads, in the hands of shrewd and acate in dividuals, are increasing their basin ess a hundred per cent every jear. Outside talk amongst forwarders and aero hawks, whose all is invested in boats, Ac., and who feel seriously the effects of allowing this railroad com petition, now is, that tolls must be imposed on all freight on roads competkg with the canals, daring the season of navigation? some eight moaths ia toe year. This inclades the Erie, Central, Ogdenstrarg and Rouse's Point roads? a powerful com- * bi nation of the moat persevering men ia tne Stale, whose influence with the Legislafere is sufficient to compete with the State, the canals, acd those interested in water transportstioa. The railroad directors hive already submitted a propo sition. They declare that tolls shall not be put upia their freight, unless the Legislature allow an in ci esse of pa?aen;er fare. They are now not per mit tea to charge more than two cents per mile, fbey want three cents. They point to the low cia dition cf tkeir stock, of their inability to pay tne stockholders any interest, and toe coustan ; weir and tear of roiling property, together with the heavy expense attending the management of their resds. By allowing another oent per mile for pae se niters, toen they will be willing to pay canal tolls. 8uth will likely be the compromise effected be'wa?a % the rival interests, and the automata Legislature di rected to consummate the arrangement. A secret manoeuvre isou the carpet among a 'arge number of banking speculators, to prevent the re appointment of the present Superintendent of tae Banking Department. Mr. St John is oarticularly obnoxious to a portion or them in the Wast, and a few in the city of New York. A strong memorial will be presented to Governor Clarke, urging him to nominate some person whom the tankers eaa manage. The Senate will ooasent to no each da capitation. The Speaker of the House will be Mr. Llttiejoha, ? of Oswego. He has been a member the two previ ous setsions, and las; year was a candidate, but the regency pat their feet upon him, and he failed. He is a gentleman of fair talents, as consistent and op right as a politician can reasonably be. Biing a leading prohibitory Maine law his inflence will be quite extensive. Should he possess the good fortune to preside over an or deny parliamentary body of men, his admiolst-ation may be a smooth one; bat it will be far different if occasions of disorder occur, tor he is not the man ts control turbulent elements- The man who was d isliued to take an exalted position, aud a democratic leader in the House, was Alexis Ward, deceased, of Or leans. He would have bean the democratic and Know Nothing candidate tor Speaker. The demo crats will now, probably support Mr. Aitktc, of the city, who whilst a member last year was clssaed > aaongst the able gentlemen of that body. Than will bo no formidable opposition to General Sher man as Clerk of the House. His talents are ad mirably well fitted for that arduous aad responsible station. Bis experience during three sessions has amply qualified him to assist the Speaker in getting oat of a broil ? many a one, he undoubtedly will got in. The officers of the Senate, being erected for two years, will remain as last year? Hugh J. Hastings clerk, D. Garluighouse serge ant-at*ras,&c. The committee* of toe Senate, chosen by the whigs last session, will not be interfered with by Mr. Ray mond, President of the Senate, but if he should in sist upon exercising that prerogative, he may ha ? snubbed at the start. It is threatened to carry the question of the elec tion of Myron H. Clark into thevourts. One grave charge is, that the people residing within the umi? of the new county of Schnvier, were not entitled to the benefit of popular suffrage? on the ground, as is al!eged, that the county was not legally orgaaued by the last Legislature. The County Gout of hteubeu declared the act illegal, and tae question was carried up to the Supreme Court of toe Seventh district That court, at a general term, held at Rochester on Tuesday last, reversed the deciaioa of the SWuben Court, thus sustaining the coostlwttoa- , ality of the Schuyler county act. But even if de clared null and void, it will be a very different mat ter to disfranchise the freemen of taat looaity. Those who utter the threat, very modestly aad ia nocently assert, " Whether the case will ev? r oooaa to the courts, is difficult to say." The effwt will cot be undertaken, unless assurance can be had that the n/ttma ratio before the" court of dernier rrttmrt, will be as successful as in the cases of the canal law and the State Treasurer. This Schuyler coaaty matter beiog a political manoeuvre frvm the begin ning, the whtss beiog the winners in the gams, the democratic Court of Appeals will likely bo called ucoa to adjudicate upon the decision of tae Ssvaath Circuit A young and ardent politician from Ulster coun ty? J. J. Chambers ? after lobbying abjut the Le- < Sdsture during the last session, finally obt sited a putyship under Victor M. Prise, Sapermteadeat of Coin son Schools. Governor Clark has taken himoutofthst monotom-os depe-taneat and mile him Private Secretary to his Excellency. This is a very c nspicuous p osition for a young asplraat far public notoriety, especially when gi tei wita aa unusual share of caco'the* io>n'tnili. HI* successor in the School Depsrtmeat is Mr E. Pediioe Smith, sod now takes one of tae most eub&rdioite charac ter, snd with no duty reuniting an hour's Isbor a day. The sliver grays of Boff?lo will interrogate Mr. ' Puce, to whom he is indebted for hit po?iti?n. tor seiecang such an unc impr.-mta'ng Sewsrdite for deputy. Ssnrord E. Cbu'ch did not, finally, consent t? ac cept the rominatK.n for the Assembly In Orleaa* CDUtty. H? ss wisely declined being beatan lor the Assembly as he did for Lieutenant Governor. Sintord is a wily one. He will attend toe lobby Curing the ? inter for toe purpose o' obtain ng a hnrdred tbousacd debars from the 8ta*e fir dram- . ing Tonawsnda swamp. Tbeeuccees which attend ed the draining of the celebrated Csyuc* marshes, will stimu ate it t actor* ia this ns?r enterprise. If the Legislature appoi-.th m tontmisuo.er, parti colar attention nasi he paid to his "ooostractiva" mileage.