The New Hampshire gazette and Republican union. [volume], November 11, 1851, Image 2

About The New Hampshire gazette and Republican union. [volume] (Portsmouth, N.H.) 1847-1852

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R ey A i
Ree REW S AMpGY
AND REPUBLICAN UNION.
TUESDAY MORNING, Nov. 11, 1831.
Ps v i eiR Ril
8 M. PEPTENAILL & Co.,attheir GExeRAL NEWSPAPFR, AD
V3P elva \ND SUBSCRIFTIOR AGENCY,MNo 10 state street,lioston,
are authorised to receive ADVERTISEMENTS and SUBSCRIPTIONS
for the N. H. Gazette.ux -the same terms as required at this
viilee. - g : gt
S e AR PR AR YL TTR I RIS $
Demociatic State Convention.
In acrordance with a resolution unanimonsly adopted
by the Demo ratic State Committee on the 25th ult.. a
Demoeratic state Convention for the _purpose ot nomi
nathig # caitdidate for the office of Gaverner 0 be sup
ported by the Democratic party of New Hampshire at
the election in Mareh, 1852, will he held atthe Repre
sematives’ Hall, in Concord, on THURSDAY, the Bth
duy of Janna-y next. at eleven o’clock. A M.
The -everal towns aie entitled to delegates equal to
the riumber of their representatives in the Legi.flatnre‘
and the delegates to the State Convention held in June
last, or the town committees of the towns not therein
represented, are requested to call meetings for the choice
of delegases to this Convention, ;
Stephen W. Dearborn. James H. Butler, Thomas
Stackpole. James Furrington, Samuel Tilton. Lyman B.
Walker, Moulton H. Marston. Levi T. Hersey. Jokn H.
George, A. H. Robinson. Lewis Smith, Amos Hadley,
William Parker. C. P. Danforth. George Huntington,
Harvey A. Bill Edmund Burke. Ralph Metcalf, J. E.
KRargent Samwel Swasey L. Lrmbard Jamas M. Riz,
Democratic State Committee.
Personalities. '
The editor of the Excter News Eetter, (a paner prin
ted at Exeter, N. H,, and professing to be neatral, but
really a sneaking advocate of whiggery.) enable to an
swer our exposition of his ab«urd federal views npon
the tariff question, except by an additinnal- rigmarole
of absurdity, sophistry and contradictions, endeavors
to escape the issue and achieve a victory by resorting
to the coward weapon of personaliry. In his issue of
last week he honored us with a special personal notice,
evincing the height of ill-temper, and which was evi
dently designed to be exceedingly severe; but unfor
tunately for the poor fellow. from some cause or other,
either lack of material or brains to present it, or both,
it fell a great wav short of the mark. We had the
week bhefore 'exposed. by logical reasoning and a cita
tion of the highest whig anthorities, the utter untena
bleress of one of his silly tariff positions, namely, that
duties do not raise prices. He quotes our argnment
and disposes of ir-sammarily by pronouncing it soph
istry, but passes our authorities in silence.. He then
vapors on throurh a cclumn of flourishing words tend
ing to no point except to prove the weakness and folly
of the writer. His article is a rehash of the nonsense
of the federal school upon the protective poliey glori
ouslv mixed up, in which ahounds sach ridicalous dec
lara‘inns as that all countries consume as much as they
prodace—that the effectof the duty is not to raise the
price here, but to reduce it in the foreizn market a sum
equal wi'h its amount. and thas compels the foreign
manufacturer to hear the expenses of our government
—that the American manufacturer continues 10 pro
duce and sefl his goods at the same price daty on or
off. thus establishing two prices for the same article in
the same market, &e. &e.
Bat realizing the weakness of this effusion the pro
found and astute gentleman of the News Letter follows
it ap with another article of the personal character
m~ationed above, in which his aim is, evidently, to
throw dust in the eyes of hi- democratic readers and
escape from his awkward and uncomfortable position
without loss of their patronage He charges us with
beinz a disorgzanizer. hypocritically professing . demoe
racy, hut he is as unfortanate in his argument 10 sustain
the accysarion as in his taniff logie He proves us to
be a disorganizer, and destitute of claims to be regar
ded a democrat, by eiting first our exposure and de
nunciation of the disorganizing operations of a set of
professed demoerats in Ward 3 of this city last spring
by which the ward and the city were thrown into the
hands of the whigs for the year ! The charge is then
further equally forcibly substantiated by a reference
to our “quaerulous, fanlt-finding spirit towards the Gover .
nor of the State and the Honorable Democratic Coun
cil” because these “wise and just” men refused us the
offie of Police Judge! What nrofound respect is here
manifested for the democratic authorities of the State ,
but then how singalar it is that federal respect for dem
ocrats is only excited in proportion as there is good
canse for democratic confidence and esteem to be with
drawn. Up m'thie point of the police magistracy our
merciless antagonist caps the climax of his severity -
He degrades the office to the lowest point, and then
impliedly exclaims-—what ean a man be or know to
whom such a contemptible appointment was refuzed !
How withering! Why, the man is a ve:y Randolph
in sareasm! After thus charging and proving us to
be a disorganizer and no democrat, he winds up hig
unmerciful rebuke by pronouncing us grossly insolent
in daring to call his paper a federal sheet ! :
Now if this profound politician and logician had ad
vaneed bevond his alphabet in politics, he would not
need to be told that to be a sound and consistent demo
erat or whiy does not imply an unqualified approval ofall
that his par'v or those who profess to belong to it mav
do_ but frequently, on the contrary. quite the reverse of
this. Qur c'aims to be a democrat rest upon a firm
and unwavering devotion to the principles of radical
democracy and to the organization and usages of the
demacratic party ; and perhaps the editor of the News-
Letter will not find it one of the easiest things in the
wor'd to produce the first line that has ever emanated
from our pen, which in. the slightest particalar
cor flicts with this position. With the right which we
thus poisess. ard which cannot be disputed, to speak
for the democratic cause, we deem it to be our duty as
the conductor of a demacratic journal to defend that
eause to the extent of our ability, against foes without
and within, and in whatever guise they may appear.
whether as open, bold and manly enemies, or with the
mantle of hypoerisy about them. Acting upon this
principle and with this right. we exposed and con
dmued the conduetof the traitots to our party and
eause in this city last spring, and have from good and
sutfivien: eause to be found in their want of harmony
wi h denoe atie principles and the irue interests of the
party Bestowed censure wpon some of the measures
an | uets of hoth the legisla'ive and exvcutive branches
of the Srate govermpe-nt ; anl we trust that whatever
may be our position. publie or private, we shall ever
have the courmge thns 10 act. As regards the matrer
“of the pofiee Pidzeship. to which the editor of the News:
L tter refers with so much gn<to we have little to
- complain of on persanal grounds. How our appoint
meit was defewted through the exertions of a well
- known set of politieat knaves hronght to bear upon a
" ceriain lnmop of vanity, imbition and self suficiency in
he Couneil, and the inflaience of federalists over a
- Gyovernor hut too susceptible to federal flattery, is
known to everyhodv but the editor of the News Letter.
* gnd need not he spoken of here. The wishes of the
democratie party of Portsmouth were treated with
eontempt in the master, and the anthers of the insult
direet and indivect, are likely 1o be remembered by
them. : . - o
_ But we are making _this article too long, and must
*beg the pardon of our readers for bestowing so much
aitention upon a matter so small. With the edi
tor of the News Letter. personally and privately. we
" have nothing to 0. *fl rare not what may be h's
polities ar religion—if he follows Horaee Greely in
the one, and the defunct Joe Smith in the other ; but
when he devotes his professedly-neutral columns to the
promalgation of the- doetrines of federnlism, he ‘may
rest assured that we shall pursue the same course
that governs us with other federal editors, and not hesi
tate 1o criticise his opinious and expose his hypocrisy.
Tae Fire DerartMenT.—The incfficiency of oor
Fire Department exhibited at the recent fire in Daniel
street, was the common remark of all who were present.
at the scene. There appeared to be but two engines that
were in good working order, out of half a dozen, and it
seemed .an age before any water was applied to the
flames. Indeed, the fire may be said to have burnt out
rather than to have been put out, and but for a change
of the wind to the westward the conflagration could
hardly have failed to have been much more extensive
thar it'was.” ‘Whera the:blame of this inefficiency lies
we are not prepared to say. ; perhaps it is owingte 8.
variety of causes—but who is ' principally aceountable
for it in the estimation of some of the members of the
Common Council. if not & majority of them. will ap.
pear from the following preamble and resolution sub
mirted in-that body last Thursday eveming by I F.
Nelson, Esq.t = :
Whereas. The puhlic safety requires a faithfal, intel
ligent and efficient officer for 3hief Engineer of the
Fire Department; and whereas the Fire Department of
this city is now, and has been for an unjustifiable
length of time. in an inefficient and disabled condition ;
-and whereas it is the opinion of this Council that the
present incumbent of the office of Chief Engineer of the
Fire Denartment has neglected and refused to perform
the duties required of him, in not reporting the true
condition of that department when requested so todo :
Therefore, . : : :
Rezolved, -1f the Aldermen concur, that the office of
'Chief Engineer of the Fire Department of this city is
now declared vacant. ) 3
- The.vote onthe adoption of the above preamble and
'resolmion was taken by yeas and nays, and resulted,
five in the affirmative to four in the nepgative. Three
‘members, who were understood to be in favor of the
measure, declined to vote, from motives of delicacy or
other reasons,and hence.it did not pass,as the namber of
‘votes recorded was less than a quoram of the body. It
will come up again at the next meeting. Whether thisis
the necessary measnre to effect the object or not,it is cer
tain something should be done without delay to in
crease the efficiency of the Fire Department. Other
wise we shal! stand a smart chance of getting burnt up
hefore spring. :
Fire 18 KiTTERY —We learn that an old unim
proved charch at Spruce Creek in Kittery, and a two
story dwelling house with a small barn on the Parker
farin near the church, were destroyed by fire on Son
day morning. The fire was discovered about 3 o’clock,
when the church was nearly and the house partially
consumed. At this time the inmates of the house
were in profound slumber, although the roof and one
end _of their dwelling were in flames, and when aroused
had barely time to make their escape before the burn.
ing end fell in to the verv apartment which had but a
few minates hefore been occupied by sleeping children.
The house was occupied by Mr. John Shaw, and was
set on five hy! sparks from the church, from which it
was several rods distant. The church is sapposed to
have been fired by an incendiary. =
Deata or Mr. W. SwgrTser. — The steamer
Ohio, which arrived at New York on Wednesday last
from Chagres; brought the sad intellizence to his fami
iy and friends, of the death of Mr. Washington Sweet
ser of this city. Mr. Sweetser had for several years
cherished the belief, from information received from a
brother, that a large amount of gold in doubloons was
buried at & place called Corn Island, in the Gulf of
Mexico ; and so strong had been his faith'in obtaining
this treasure that by the aid of his friends he had suc
ceeded in fitting out two expeditions, ai considerable
expense, within the past two or three years, to search
for it—without success, of course He finally resolved
te pursue the search in person, and accordingly closed
up his business and left ‘home about the 10th of Sep
tember last, to take passage in one of the Chagres
stéamers from New York. in pursuit of the ohject
which had so long haunted his vivid imagination.—The
New York Herald says he hac been at the island where
the money was said to be buried, but could find no
trace of it. He got on board of the Ohio at Chagres,
to return home. .but his epirits had been so much de
pressed by his:dieappointment as to produce a deranged
state of mind, in which condition he-Jumped oterboard
from the Ohio on the night of the 26th of October and
was drowned. notwithstanding the most strenuous ef
forts were made to save him. § ‘
Mr Sweetser was a native of thiscity and had al
ways resided here. He was an esteemed citizen, of un
exceptionablé character and very liberal and charitable
views. His mind was active and well cultivated,
though somewhat inclined to the visionary ; and he
was a frequent contributor to the press of both poetical
and prose articles, which nsually bore the signature of
“Leander.” He has left a wife and (as we learn from
the Journal) five interesting children, all young, to
mourn the loss of an affectionate hushand and father,
and in circumstances which demand for them the warm
sympatbyof the public. His age was about forty-eight
years.
We copy the following from the N. Y. Herald, which
was doubtless found among his effects, and will further
explain the matter of which we have spoken above :
“DousrooN ExrepiTioN No. 3 will sail about
the Ist of May, 1851. Persons wishing to embark are
invited to call immediately on the subscriber, who has
resolved to go out and examine for himself. Shares at
825 each.will entitle the holder to to's2soo, The, fol
lowing revelation was made to my brother by one of
the persons who assisted in burying the treasure, and
who is now dead:
“ ‘Puring the war at ———— in 18—, thirty thousand
doubloons were placed on board the vessel tn_which 1
was attnched belonging 10 a gentleman who had fallen
under the displeasure of the government which was
then in a state of revolution. The gentleman not
making his appearance at the time appointed, and
feeling that.we were endangered by farther delay. we
set #ail withont him. Whether this person was exe
cuted; or was vbliged 10 hawily leave the country some
other “ay no one of ns ever learned.
* *While an our course we were pursued and likely
to he overtaken ; soo we resolved to save the treasure,
by putting the whole amount in the earth, under cover
of the night. . Bvon after, we were captured taken
back andthrewn into prison. QOur crew consisted of
five persuns—captain. mate, two hlacks and myself,
When we hiad lingered a ling time in confinement,
without being brought 10 trial. (28 no.one appeared
against us }.the:.captain and ate sickened and died—
and the restof us were leleased... The blacks, one or
both. have since died ; they were unacquainted with
navigation and-eoeld not point out the spor if ever so
much inclined. -1 alone, up 1o this moment, hold the
secret in myv own bosam undivalged. i
“ For four years Iremained inor about the spot
where we were impriconed, hoping to find some means
to purchase a small eraft. but was unable todoso. I
left in despair. 1 was compelled to be silent for fear
of exciting the suspicion of gevernment.—Now" if you
will get a vessel;, we will go together. i
“He then told my brotherthe latitude and longitude
of :he island. describing every thing minutely—how the
gold was packed: how much each man carried. how far
from the shore, and in fact the spot itself These facts
I here omit, of course, for our own serurity until the
vovage i made.. Maps and history have been exam.
med by myselfand brother., and the result proves that
the siorv could not be fubricated. My brother had
many interviews during the voyage, and wouli fre
.quently arouge the men from sleep with abrupt ques
tions ; but whether waking or siéeping. he told the
same undeviating story, In New York. for lack of
funds, they separated They met apain in New Or
leans, and again parted without success ; and appoint
ed a tuture meeting.. But alas ! the man went into a
hml{:iul. sick, and died, and my brother has since died,
on his voyage home from London. |
* The secret depasited with me previous to his sailing,
is now in my possession. . I have sent ot two ex
tions, at a cost of two thousand dollare ; and am fully
eonvinced that the persons employed have not exam
ined the spot, and have failed throngh non- r,etformunoe
ofduty, Ourbelief in the story is grud‘ nereased by
the examination already made, W. SwasTenn”
uz Upon the points gf‘élicussed m the following
communicgtion we do not. profess to be “posted up,’
and consequently do not wish it understood as express.
ing our personal views or otherwise. The article comes
from a souree so respcetable, however, in the county of
‘Rockingham, out of the ¢ity of Portsmouth, as in our
view to warrant its publication and entitle it to the
careful perusal of our readers : g ; :
For the Gasgette. i
| ~~ 'The Law’s Delay. 1
Mr. Editor :~We are continaally hearing from all |
parts of the State, loud and bitter complaints of the
violation of that provition of our constitution which
guarantees to every citizen a certain remedy for all in-
Juries to his person. property or reputation, ‘by having
recourse to the laws, to obtain right and justice “com. |
pletely and without denial—promptly and without delay.”
So slow; inereasingly slow, has been the course of jus.
tice in our Courts for the. last few years, that ivhas at
length become an absolute reproach to the jurispra
dence of a free, enlightened State. The questinn
which every one asks is, Whyis itso? And well
may that question be ssked, for certainly the econstitu
tion of our Courts is such as to facilitate despatch. A
lawsuit here has not entailed npon it a long routine of
appeals, as in some other jurisdictions ; but a settle
ment-of & matter of fact by a jury here is final, and not
subject to be removed into half a dozen other courts, to
have as many succescive trials by as many different
Jjuries.—lt is true verdicts may sometimes be set aside
and new trials may be granted. This should be so
wherever trial by jury exists and justice is aimed at, for 1
the best juties and the best judges are but erring men ;»»‘
yet such cases are very few, amounting in the eonmyl
of Rockingham, perhaps to six or eight ina year—cer
tainly not more than that, . ' l‘
~ If we compare the amount of business done in our.
Courts of Common. Pleas,. with the amount done inl
similar Courts in Maine and" Maseachusetts, it will -be;
found that our Courts usually consume double the
number of days that those Courts would in doing the
}lame business. And why is it *—the mode of trial in
the several Courts being the same. There may be ma-_
' ny causes for it, but I think they may chiefly be reduced
‘to two.and embraced in two simple but significant
-words, tecknicality and laziness. it &
\ The practice of law in this State has become a mere
‘game of sharps. No case is put upon its merits, and
| nearly half the time of the Court is occupied in discus
sions upon the admissibility of unimportant evidence,
lestif it sheuld not come inin an exact bee line, it
might ran against a splinter of some hair that had
been split by the astute counsel upon one side, or ‘
might not hit precisely in the centre some minute
point set up by the other,too minute to be visible to the
naked eye—the principle and the exception having
about a 8 much to do with the merits of the case, as the
duties of tything men, as formerly established in this
State, had with the fiture salvation of sonls. This
practice, so_far as it can be consistently with justice,
should be discouraged by our Judges, asit always is
by those of Maine and Massachusetts. The people
‘have a right to require it, and/do require it at their
‘hands. Such practice requires that the respective
‘counsel should take almost verbatim notes of the evi
dence, at a great waste of time and expense 1o parties.
“Bat so far from discouraging this practice, some of our
‘Jndges-—parricularl_v one recently appointed—encour
;ages it with all his learning and energy. carrving it to
an extent altogether unprecedented in the judicial his
' tory of this State ; in many cases 'seriously abridging,
‘and in some instances effectually breaking down, the
right of trial by jury—as all must have observed who
‘attended the forty days’ Court in the county of Rock
ingham. P |
~ Our Courts of Common Pleas are not inclined to
work. The C:urt at the recent term in the county of
Rockingham did not sit more than six and a half hours
a day. The Courts in Maine and Massachusetts sit
certainly from two to two and-a-half hours more each
day, which in a term as long as the one just passed has
been, would give an amonnt of additional time devoted
to business fully equal to a session of two weeks, as that
Court was conducted ; thereby saving an expense to
the county of from eight to ten hundred dollars, and to
individuals of thousands, and saving from a wells
‘merited reproach the administration of justice in this
State. Py &
Let us have for Judges learned. judicious, industrious
‘men, as some of our Judges are—men who do not con’
sider an appointment to a judgeship in the nature of a
pension for life, a veritable sinecure--men nnt unmind
ful of the necessities of the people by whom they are
'supported, and for whom and to whom it should be
therr whole desire so to administer the law as to meet
‘out equal and speedy justice to all. If we cannot have
such by the present mode of appointment—if our chief
magistrates. disregarding the wishes and the wants of
the great body of the people, take a peculiar liking to
men of a different class—if Judges, when appointed,
feel themselves so secure as to disregard the interests of
the people whose servants they are, then let us have
our Judges by election and for short terms; so that the
people themselves may have the responsibility, and
that the incumbents may feel that there is a “power be
hind the throne.” E Prurißus Unum. -
The operation of lighting our streets with gas is
rapidly progressing. The stands are nearly all erected
and the pipes being placed in them with all possible
speed. The improvement is a good one. and will &an
doubtedly serve to throw some light upon the dreary
winter which is fast approaching.— Gt. Falls Sketcher.
We observe no preparations yet for lighting the
streets of Portsmouth with gas. Now that we enjoy
the honors (to say nothing of the expenses) of a city. it
ir to be hoped that the villages about us will not be per
mitted to cast us in the shade. Besides, light in our
streets is more needed than ever just mow to render
them safe to the traveller, in consequence of the
wretched plight in which some of them have been left
in laying the gas pipes. The gentlemen of the Cout
cil should weigh these considerations, and reflect that.if
a na'ural supply of the article on their part enables
them to forego the company's gas in the City. Rooms,
the great body of the citizens are less fortunate than
they. and greatly stand in need of the reflection of its
light upon their pathway in the pablic streets in the
night-time. Wipus ah oo
The Lowell Courier, noticing our account of Mr.
Rantoul’s enlogy of Judge Woodbury, says : s
“While reading this, we conld not but recall to mind
the fuct that there is a pamphlet in existence written by
Judge Woodbury, defending the administration of the
second Adams against the attacks and aspersions-ofits
opponents.” g
Has any one but the editor of the Courier everheard.
of that pamphlet? We should like exceedingly 10 see
it. Perhaps the editor of the Courier will gratify our
wish by forwarding & copy —N. H Gazette. 3
The Courier probahly has reference 1o a defence §f
Mr. Adams against the attacks of his enemics on ae
count ot the sentiments of his celcbrated Oration in
Washington in 1821. This defence. which was pub -
lished at the office of the N. H. Putriot, made some.
inir in its day, and was always undersiood to be from
the pen of Judge Woodbury, then an ardent admirer of
Mr. Adams.— Dover Enquirer. :
We euspect that this is quite as much as the Lowel)
editor’s pamphlet story amounts to. -To be merely
understood 1 bo the author of a defence of Mr. Adams’
Washington oration, is a very different thing from “ac
tually defending his administration, several years as
terwards, “ against the attacks and aspersions of its
opponents.” We ajpsehend it would be as difficult to.
produce the latter pamphlet as to prove the authorship
of the former upon Mr. Woodbury. . : ,
0™ Rev. Rufus W, Clark, pastor of the North (Con
gretional) Churchof this city, has accepted the calt of
the Maverick Charch at East Boston. His labors will
‘cease here at the close of the present month. So says
sl S . o . T
* Cotirt of Common Pleas. -
iv ég“ 3jg ;JGUE'LD TERM. c
This term g:‘u:md specially for the trial of the
greatrailroad cases, in which the Pn’rtsmonth & Concord
Railroad is w and William Joues and others are
Defendants. The Court came in Tuesday morning, the
4th inst. at half-past ten 6’clock. Present: .
gm&fiu D.BB'nu.. Presiding Justice.
Hon. BRADBURY BARTLETT, X s
: llog James PICKERING, z Associate Justices. |
} mm gentlemen were empanneled for the.
Jury; thefirstnamed is Foreman:
' Silas F, Learned, Chester § +Prescott Spanldin .Kensington;
| Bani ¥ ,%; ,‘ \Charles “?’.‘Nutteg,%awin:‘unm;
| &m%, Anlmm.;“ {Rufus L&eaviu, g .iflampum 3
Moody. M. p ville; Jose oyes, Plaistow ;
| Rétirc"A. #fi?fir;%tef;’*“ ; !%lnr’crt:?m l?"oes’. Rye; :
~ Thomus Brown, H. Falls ; 'Oliver Eatun, Seabrook.
There are five cases on the docket in which' the said
railroad is plf. The Ist vs. William Jones and William
P. Jones; 2d vs. Daniel W. Ladd, of Epping; 3d vs.
John P. Lyman ; 4th vs. Daniel H, Treadwell ; sth vs.
Joseph Lowe, of Concord.
~ Thefirst case imorder for trial was Portsmouth & Con
cord Railroad vs. William Jones and William P. Jones.—
The action was auum;;cit for the recovery of SIO,OOO,
being the amount of the defts. subscription. The plea
was shegeneral issue that they never Y‘romised. with a
brief statement that there was no such corporation as
the P. & C.'Railroad. The case was opened in a very
able manner by Mr. Hatch of this city, who stated very
briefly the reasons why. this great enteléprise was com
menced, and the evidence which would be introduced
- in support of the action.
The chartersof the Portsmouth, Newmarket & Con
cord Railroad, and the Portsmouth, Newmarket & Exe
ter Railroad, npgroud July Ist, 1845, were then put in
the case : also the records of the meetings of the said
‘P.N. & C. Railroad: records of the meetings and pro
_ceedings of the P, & C. Railroad after the union of the
- two said railroads ; records of the Directors’ meetings,
subseription-books, and certain acknowledgments and
iwtatements of William P. Jones ; also acts of the Legis
~latuve, ‘pnsed in 1846 and 1849, recognizing the exis
~ tence of said P. & C. Railroad by authorizing any other
- corporation toloan this road certuin sums of money, or
subscribe to its capital stock.
«_ 1t was also shownin evidence that said William P.
Jones was at first an ardent friend of this enterprise;
that he took a very prominent part in soliciting sub
scriptions ; and after the said union that he was chosen
Director of said P. & C. Railroad, accepted, acted and
. voted as such until he withdrew in December, 1846.
> '!‘heglfl's. here rested theif case. The counsel for the
defts, hereupon moved the Court for a nonsuit, on the
gronnd that the plffs had not made out a case, and stat
ed their gositions and reasons as follows, viz. :
Ist. That there was no such Corporation as the Ports
mouth & Concord Railroad legally constituted.
2d. That the defts. never promised the P. &C. Rail
road, as alleged in the plffs. declaration.
3d.’ That the subseription was conditiona] and could
not bind the defts. unless 6000 shares in the capital stock
ofthe P. N. & C. Railroad had been taken up, and §450,-
VOO of the subscription had been: approved by the stock
holders, and unless 2000 shares in the capital stock of the
P.N. & E. Railroad had been taken up, and $150,000 of
the subscription had been approved by the stockholders,
in compliance with the provisions in their respective
charters; that thismust first be done before the wnion
of said two roads could be legally merged into and
constitute the P. & C. Railroad: and that there was
no evidence in the case that there were any such
subscriptions and approvals. o
4th. THhat all the proceedings of sald P. & C. Rail
road, ‘after the meeting in February, 1846, are invalid.
6th 'That the assessments are not legally laid.
6th. That the taking of a new subseription of §150,-
000 operated as a release to the defendants.
7th, That the amount of the capital stock in the P.
& C. Railroad, necessary to be taken up, was not sub
seribed for in a reasonable time.
Bth. That the defendants had a right to withdraw in
Dec. 1846.
9th. That after the withdrawal of the defendants,
the said Railroad had no right to assess them for stock,
and no action will lie for any assessments of stock.
10th. That the subscription of Belknap, Hale & Jones
was a fraud upon the other parties and hence discharged
them from their subscriptions. 4
These reveral points were argued by the Hon. Joel
Parker in support of the nonsuit for the defts. in a very
clear and able manner, occupying neaily four hours,
'l‘lhursday, and opposed by Marston and Christie for the
plff.
It appeared among other things in evidence that the
said subscription of the defts. was for the capital stock
in the P. N & C Railroad. The counsel for the plff.
contended that by the provision in the charter of said
road aunion of the two corporations, P. N & C. Rail
road, and P. N. & E. railroad, was so authorized as to
merge them into the P. & C. railroad. and hence, after
the said union. the defts. become liable to the said P. &
C. railroad corporation.
The counsel for the plff. further contended that inas
mueh as the defts. had acted under the P. & C. Rail
~road corporation, since its organization in Feb. 1816,
~_they were estopped from denying it did legally exist,
~and that they thereby waived any irreguiarity or illegali
ty of preceeding acts. ‘
In answer to this th€ defts. counsel put the question,
“‘does the P. & C. railroad corporation exist de jure, so
as to bring an action ?”
The defts. further assume that by the said union the
number of shares acquired by the P. & C. Railroad
was 8000, or a capital stock of £BOO,OOO The piss.
on the other hand, contends that the number of shares
was 6700 and the actual capital stock acquired was
but £6oo.ooo,and that the’ amount of subscription neec
essary to be raised before assessments could be legally
laid, was but £450,000. ‘lt was proved by the books
of the plff. that the sum of $477,200 had been sub
scribed absolutely, and $135,000 conditionally, before
the said meeting in February, 1846, or before the said
union of the two corporations. :
The motion for nonsuit submitted to the Honorable
Court, was overruled Friday morning. Mr. Bell, of
~ Gilford, thereupon opened for the defence. The ques
tion of fact to be settled by the Jury is, were thence
- essary amounts of subscriptions taken up by the afore
said corporations, as provided by their respective char
ters,—Journal.
% The Court since the conclasion of Mr. Bell's open.
ing plea on Friday, has been engaged in taking the tes
timony for the defence. This work progresses but
slowly, only two witnesses having heen examined on
Friday and Saturday, G. W.Ela, E<q.. and Col. Cilley
of Nottingham. without getting through with the latter-
The prospectis that pretty much all of the present
week will be consumed in the trial. From what we
have heard and learned of it thus far we think the case
looks rather dark for the railaoad. It will necessarily
€0 up to the Superior Court on law points.
A DestrucTive Fire —The most extensive fire
‘which we have had in this city since the Market s:reet
conflagration in 1845, occurred on Tuesday night last,
at the foot of Daniel street. It was discovered about
12 o’clock, in the stable connected with the bakery'of
Messrs. J. 8. & G. C. Fernald, and there being a light
wind from the north-west at the time, the flames spread
rapidly, consuming [seven buildings. with most of
their contents, including four horses and three pigs in
the stable of the Messrs. Fernald. and the stock in their
bakery, and 2 horses in the stable of Messrs. Barker &
Adams, with the largest p-rt of their stock of lumber.
The buildings were all of wood and chiefly occupied
as workshops and lumber stores, and Being old were
for the most part not very valuable. The following
particulars of the fire are given by the Messenger and |
Journal : i
Four horses belonging to Mr. Fernald were burnt
to death, as were three pigs under the stable. From
this: stable the fire communicated to that of Messrs.
Barker & Adams, which was destroyed, with two most
valuable horses contained therein. The flames then
spread and caught the buildings in the viciniuy, inclu
ding the store of Messrs. Barker & Adams. the bake
of Mr. Fernald ‘the boat and capstan shop of Mr Jose;:g
W. Green, and a storehouse on the wharf.in the vicin
ity. Mr. Daniel P. Clark, blacksmith, who lived over
the bakery-of Mr. Fernald, was burnt out, but succeed
ed in saving his furniture. : :
* The buildings destroyed, we learn, were the propertly
of Jacob Wendell, Esq. and are insured for not half
their value.
Mr. Fernald estimates his loss, over and above the
insurance, at aboat- SIOOO He is an industrious and
. enterprising citizen, and had iust ut in operatien a
horse-power machine to expedite gic buginess, The
building in which this was placed, and in which his
- stock was stored, was only finishied last week ; and is
now reduced to ashes.
~ Messrs. Barker & Adams had just received a large
stock of lumber, and grobnbly lost: §3OOO worth, of
which £2500 was covered by insurance.
Mr. Joseph W. Green, a young mechanic who had
just commenced business, lost about a hundred dollars’ |
worth of lumber, but fortunately saved his tonls. |
Several buildinge in the vicinity wers at times on fire
during -the conflagration, and were badly scorched.—
The wharves from Navy Yard slip to the warehouses
“were much injured. g & |
We regret to learn that Mr. James Hooper, in his ex
ertions tosave property from destruction,broke through
a partially-burnt stair, m’dhlowhiuhoum.
The Pier Buildings were mach '-ndnagered. and but
for mn..; activity of some individuals must have been con
sul X v 2 - 1
The fire is believed to hw the work of an’ in
cendiary, asno light was carried in- the evening into
the stable where it originated, and-two watchmen report
that they were in tho‘.ivnmtm at a quarter
_pasteleven, and saw no evi e .
; mmitms&y‘fih “native M agyars pro
nounce themameof Kossuth as if it were written Koz~
sute, putting the accent on the last syllable, which
gives the word great doftnessand swestness,
. The Elections. & :
’ THE BALL ROLLS ON! .
The election in New York, which took place last
‘Tuesday, has resulted in a partial if not a complete
‘victory to the democrats. The canvass was for mem
‘bers of the Legislature and some seven or eight State
officers. as Comptroller, Secrerary of State, Canal Com
missioner, Attorney General, &c. ; and there was
scarcely room to hope for a democratic victory, except
possibly if the city. But it seems more than propable
that while the démocracy have swept the city, carrying
the Mayor and both branches of the City Council by
respectable majorities. & part-if not all of their State
candidates have be:n suecessful. The result is close,
and at the time we write the returas are so much con
fased that it is impossible to determine. precisely the
state of the field. Some of the whig papers concedes
however, that half of the democratic State ticket has.
prevailed, and others again think the indications are
that the entire ticket has succeeded. There is no doubt
that the democrats have secnred a majority in the As
sembly, while the Senate will be very close and possi
bly also democratic. Well done, New York ! -
The latest accounts change the above aspect some
what, and render it possible that the whigs may have
carried the State ticket.
MassacHUSETTS.—The election in this State took
place yesterday (Monday). The canvass has been
very animated during the last two or three weeks, and
it is difficult to predict how it - will result ; but never
theless we will venture a guess that the coalitionists
will be successful. g
New Jersky —The election in this State for mem
bers of the Legislature only, also took place last week.
and resulted in a complete democratic victory The
next Legislature will stand : Senate 7 whigs and 13
democrats ; Assembly 18 whigs and 40 democrats—a
democratic gain in the former of three and in the latter
of ten members.
Mississ:prl .—Gen. Foote, the Union (democratic)
candidate for Governor, is believed to' be elected over
Gen Jeff Davis, southern rights ; but ‘the vote is
close and the majority will be small. The election
commenced on Monday and lasted ti!l Wednesday.
Louisiaxa —The retarns from this State are very
imperfect The whigs have of course carried New Or
leans, but by a reduced majority ; and the democratic
candidate for Congress in the Ist district, and the whig
candidate in the 2d are probably elected.
Marrraxp.—The election on Wednesday was for
Comptroller of the Treasury. Lottery Cowmiesioner,
and Commissioner of the Land Office © The demo
crats have swept the State choosing Philip F. Thom
as to the first office. Thomas R. Stewart to the
next, and James Murrav to the third. The Legislature
and Judiciary were also chosen.
MicHiaaN.—The result in this State is an over.
whelming democratie trinmph It is thought that
McLelland’s {demnerat) majority for Governor will
reach ten thonsand . The demoeratic majority in De
troit is 994.
DEevaware —The peonle have voted fir a econven -
tion to draft a new constiturion This of course is
another whig defeat. as the whigs don’t like to have the
people make new constitations.
Wisconsin.—This is the enly State from which the
election news is adverse to the democrats The report
is that a whic Governor. L. J Farwell, is elected by
from 1000 to 2000 majority. Re‘urns thus far received
are thought to indicate that there will be a majority of
whigs and free soilers in the Assembly.
Citr Couxcit—ln the board of Aldermen, on
Thursday evening, Nov. 6th. it was voted to require
Mr. Charles Robinson to immediatelv remove the posts
and trees in Pleasant street, placed opposite the line of
the south hounds of his residence. adjoining the prem
ises of Mr. J. K. Pickerirg; a proposition of H F.
Wendell, Esq., relating to Sagamore Creek, was refer
red to a committee, and a resolution from the Council
appropriating $250 to build a fence about the bridewell
at the Almshouse, was concurred in.
In the Common Council, a resclution appropriating
$250 for the construction of a fence at the Almshouse
was passed ; a long ordinance for the better organiza
tion of the Fire Department was read and referred,
and a preamble and resolution offered by I. F. Nel<on,
Esq., declaring the office of Chief Engineer vacant for
reasons set forth, was considered. After debate the
question was taken on the adoption of the proposition
by yeas and nays, and resulted—yeas s,nays 4. Three
members declining to vote, which left the board with
‘out & quorum, the measure did not pass and was laid
over for further consideration at the next meeting. :
LrrreLL’s Livine Ace.—No 361. for Nov. 15, pre
sents a good collection of articles, among which are—-
End of the Great Exhibition ; The American Minister
in Ireland ; Arctic Expeditions of succor, The Dead
Sea and the Great Salt Lake; The Key of the Street;
Kossuth’s Address to the People of the U. S.; Kossuth
and Austria, and Maurice Tiernay,continued. Agents,
Messrs. Foster & Son and J. P. Morse.
ForresTer's Bovs' & Girrs’ Macazing, for Nov
ember. is on our table. Itis filled with its usual vari
ety of useful and entertaining matter. Published by
Bradbury & Guild, Boston, for $1 a year.
Is Kossutn A Humßue *—A strong effort is being
.made by certain presses to produce the impression that
Louis Kossuth is a charlatan, but we have not yet scen
one particle of credible evidence in support of the
charge. The London Times attempts to hlacken his
character for integrity and patriotism, but offers no tes
timony but rumor in support of its statements. As the
constant defender of Austrian misrale, no less counld be
expected of the London Times. It is a sufficient an
swer to its slanders,to say that 1t gives no responsible
‘name as a voucher for any of its vague slanders.
An attache. or a person who claims to be an atrache
of some kind or other of this government, writes home
that Kossuth is arrogant and discourteous, and that his
followers are greedy and filthy. Who is this anony
mous rorrespondent, who ‘hus from the shelter of his
ambuscade securely shoots at so shining a mark # We
do not like these back stabs. Louis Kossuth may be
an enthusiast. and his enthusiasm may have carried
him oceasionally beyond the bounds of discretion, but
what American will like him the less for a failing which
{femeleans to virtue’s side ?” |
—N. Y. Star. o
The National Intelligencer, the leading organ of the
administration at Washington, is said to credit the
story of the attache ; and several other whig papers
give signs of entertaining a secret wish that it may be
true. 7T'his is a matter of course. The Intelligencer
cherishes no real sympathy for the cause of popular
rights although motives of policy oblige it generally to
make some little pretence that way. It is the organ of
the “better” or aristocratic portion of the federal party,
who have always been in love with monarchy and its‘i
trappings. Hence, whenever it has the least pretext |
for so doing. it is always found reflecting their opinions
and sympathising with abitrary power against the
rights and interests of the people. Its position in ref
erence to the Rhod: Island struggle is fresh in the
winds of all, and also the recent affatr'in Cuba. The
admipistration was forced by public opinion &nd the
action of Congress, to munifest an interest in the popu
lar struggle in Europe, by interceding in behalf of -its
principal champion ; but there can be no doubt that it
and its principal and many of its lesser organs would
be rejoiced with exceeding great joy if Kossuth would
but show himself unworthy of the interést which the
people of the United States feel in his case and of the
measures which the government hes adopted in his be
half. But we have no idea that they will be gratified.
~ Tre Dey Dock.—We learn that the experiment
to test this work at the Navy Yard, by taking in the
‘hall of the ship Franklin, for which a fortnight ago it
w Wamumwflnfim yester
, will not probably take place under a week or
,~"~ e(. ’ e “*-.’ A eAR B,»xk‘{& St 4
| his 482 o Berne adl elely el D
e T v e Bl MW
“ Bosl—a Woolen Glove. The finder is rc‘qnmgg%m
hand the same to the editor; or to call and n;in 5
mate 1o it. - 5. 3
3 et et st o
Democracy.—The following is Judge Read’s ides
of Democracy, expressed many years ago : : 4
“Democracy presents itself for approval upon the
sole ground of truth and reason. It speaks to the
honesty and intelligence of mankind. It has ne
argument for the understanding but the native truth
and yrandeur of its own principles, and no appeal to
the affection except its spotless morality and elevated
purity of purpose. It is the perfection of reason and
may be aptly descrihed to be — human action ex.
cited by goodness of motive, and guided and direc
ted by truth or principle. Like the Christian Religion,
leaving the gorgeous trapping of splendid ceremony,
and stupid pomp to conceal error or dignify folly, it
shines forth in the simple light of truth, to win and
bless the human family. ‘Do unto others as you would
‘have them do unto you,’ carried as a rule of action
into all social and political organizations, forming the
hase of government as well as the- spirit of laws, con
stitutes democracy. Observed at all times and carried
into complete effect, it would convert earth into a
paradise. It enobles, elevates and cqualizes all. It
equalizes not by degradation, but bi elevation. It con
fers sovereignty npon all—makes the people sovereigns
—conferring equal rights upon the whole. Each indi
vidual possesses equal political rights and equal rights -
to acquire and possess property. The choice of gov.
ernment, the adoption of laws and their execution, is
bat the will and action of the governed.”
Ture GreaT BEAR.—Everybody knows what a dis
tinguished part “The Old Coon” has had in recent
presidential elections, and in the general politics of the
country. But the coon must hide his diminished heac :
Ursa Major, or the Great Bear. is now in the ascendant.
On the 20th ult, Ensign Stebbings addressed his fel
low citizens as fellows :
“Fellow.citizens and fellow soldiers. Here, beneath
this bright October moon and these twinkling stars of
the northern hemisphere, Ursa Major and the North
Star, which is the last starin the tail of the Little
Bear. I give you my thanks for your polite invitation
to become your president.”
On the 24th, Daniel Webster addressed Ais fellow
citizens thus:
__“Over your head and over my head there is the great
Polar Star.” *and 1 am bold to” say” that “yon and 1”
“shall no more prove false to our trusts as American
citizens than the members of the Great Bear shall
cease 10 follow the Polar Star.”— Carper- Bag.
NorTHERN MEXICO—PROGRESS OoF THE REVOLUD
TION.—The steamship Fanny at New Orleans, Nov. 2,
from the Rio Grande, bringing dates to October 30,
six days later. The attack on Matamoras was com
menced by the Revolutionists on the 21st, and on the
23d Caravajal had possession of tne city within four
squares of the Plaza.
The Government troops still held ount, suffering a
loss of 150 killed and wounded. The Revolutionists
lost but three. including Capt. Ford, wounded, who
commanded a company of Texans. General Avalos
was wounded during the engagement. The latest ac
count says that the insurgents had shree killed and 15
wounded.
Orders were issued to give no guarter to the Amer
icans. A Mr. Longstreet, a merchant doing business
at Matamoras, was killed. The city was set on fire on
the 23d, and the Custom House, together with other
buildings, was destroyed on the 25th. Mr. Devine’s
store was also set on fire and destroyed, and the Amer
can Consul wounded.
On the receipt of the news from Northern Mexieo,
Gen. Twigzgs ordered two companies of artillery to be
ready tofprcceed immediately to Matamorns. Gen. T.
commands the southern division of the army, at New
Orleans.
IMPRISONMENT OF MR. TurAsnEß.—The steamer
Isabel at Charleston Nov. 2, from Havana, Oct. 30,
brings the following relating to the arrest and imprison.
men: of this gentleman :
Mr. Thrasher, late editor of the Faro, was removed
on the 29th to Pinta Fort, and thrust into a damp, un
healthy dungeon, in solitary confinement. The charge
against him i 3 said to be the receiving certain letters in
cypher, supposed to have reference to the Lopez expe
ditton bhut he denies all knowledge of them. Reports
were current that he had been tried, condemned and
sentenced to the mines. In another despatch his arrest
is ascribed to the kindness shown by him to the Amer
ican prisoners, and the jealonsy of the editors of the
Diario de Marina.
Britisn INTERFERENCE.—A despatch to the N. Y.
Herald, dated Washington, November 1, says:
Itis ascertained beyond doubt that Mr. Crampton,
the British Charge here, (ad interim,) presented to this
government a despatch in which it is stated that the
French and English governments had issned orders, in
case of the sailing of any further parties to invade Cu
ba, to scarch all vesscls of a snspicions character,
_whether sailing under the United States or any other
flag.
| S 8 & popusisaws
~ Morr INDICTMENTS AGAINST THRE CHRISTIANA
"RrorErs. — The Grand Jury have returned to the
United States District Court, now in session at Phila
delphia, thirty nine additional bills against persons
charged with participating in the Christiana outrage.
This makes one hundred and seventeen true bills
found against persons charged with that outrage.
Hopes's Lock —Mr Hobbs, in a letter to the Lon
don Times, says, “That Mr. Garbutt, the mechanic
' who has been occupied for thirty days in endeavoring
to pick one of my locks. having failed in the attempt, 1
‘shall be most happy to give Mr. Bently or any other
party an opportunity of trring their skill, as soon as I
can make arrangements for a suitable place for the
trial.” <
RarLroap Casvarties.—Joseph Grant, a colored
man, in crossing the track of the Boston and Maine
Railroad, about dusk on Monday evening :reek. was
knocked down and had both his feet run’ over, render§
ing amputation of both his legs necessary.
William E. Johnson. freight master, was instantly
killed at the depot of the Boston and Maine Railroad
on Saturday evening Istinsg, In proceeding towards
a train, which had just arrived, and which was still in
motion, for the purpose of drawing the coupling bolt
8o as to detach the freight from the passenger vars, he
stumbled. fell upon the track, and the wheels of two
care passed over his head, erushing it in an awful man
ner. He leaves a wife but no children.
The Providence Journal says that James Eldridge,
_conductor on the freight train, fell from the train and
‘was killed at the Richmond switch, on Wednesday
afternoon. >
Joseph Grant, who was run over on the Maine Rail
road, near the depot, last Monday night week. died at
the Massachusetts General Hospital, on Tuesday eve
ning.
The body of a man shockingly mangled was found
on the track of the Old Colony Railroad one morning
last week.
Mecrante AssociaTioX.—At the annual meeting
of the Mechanic - Association, November 4th, the fol
lowing officers were chosen @, .
William Bodge, Presideit ; Jonathan Barker, Vice
President ; Alfred T..Jny..mnrer ; Ebenezer Haines
and Benjamin Noréoni’ zi'r lees ; Sug:;l W. %leouel,
Secretary ; Aaron B. Mudge Eopul efary ; Benja
min Mr{’arker. Marshal ; la:\, h W'llson. .m, Mir
shal ; Nath'l B. Dame, Standitrd Bearer ; ries W,
Bu::lwner, Edmund M. Brown and Samuel Kingsburgy,
Auditors, ' i .
Out of 139 members, 13 of thikt number were exempt
ed by forty years' membership, from assessments ; the
last vear $93 were paid out f_or relief, $l4O to the
families of deceased bre:hren. Amount of faunds,
$5692.21.—J0urna1, : : -
Farar AccipENT AT DeRrY.—A dreadfol and fa
tal accident, proczeding from the incautious use of a
gun, occurred on Wednesdny afternoon last, at Derry,
in the premises used as a private academy by Mr. Abel
F. Hildreth. Two youths, named John Webster (fif
teen. years of age,) and Edward Williston, the former
beloning to Newmarket and the latter to Norwich, Vt.,
it appears had possession of a gun, and were loading it
in aroom in the academy preparatory to their ' going
out a shooting. Williston held the gun, and was in the
act of adjusting the cap by lifting the hammer and
pressing it down, when the piece went off and the con
tents entered the eye of the youth Webster and lodgd»
in the brain, producing instant death. It is nnnecessary
to siy that the undesigning instrument ?f the fatal
event, and l!“ connecte;l v:‘ith Mr. Bili‘t'fl‘ll’l Mfl:’
‘ment, are plunged in the deepest sorrow on account
its weumgu- r'f?he deceased was - :!’W of Mr.
“Webster, agent of the manofacturinglicompany at New
‘marke?, and & very promising yoang mam. - -
Avorping Crnacrss.—We understand that the next
pany, hence for -the Isthmus, Ewill avoid and
point to Gatane —. ¥ Courler Dmvend
SOOI BOUDY SR D 0 e e BT oo