The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-07
spice Of Llfe.I

munity decided by the United States Circuit
Daniel and Mason presiding A suit had been IN
stituted in behalf of the United States, TO recover
from mercantile firm IN Norfolk, me duties accru-
ing upon cargo OF sugar imported from the ives
Indies after the SDth June, let2 and entered al the
Custom House in the city of Richmond, on the I'd
Iay last The defendants dsneo Inc rsn OF ne
while the plaintiffs claimed duty OF % per cent
upon the value at this port, asceuained by appraisers
appointed by the Collector. The facts in the cause
set forth in case agreed between the District
Attorney and the counsel for the defendants; and II
was referred TO the Court to decide whether, upon
that state OF acts the law for the United states
orfor The defendants. II appeared that the Collector
caused the appralsement of the cargo to be made In
Treasury Department. The decision of the question
thus presented to the Court, necessarily depended
upon the construction TO be given TO the provisions
OF the act OF Congress approved the I'd March, 1855
usually called the Compromise Act" BY the first
section OF that act, all duties upon foreign imports
Iedused to s per ssad h sd brd seen
ton OF the act provides that rom and after inc SUN
day Of June. 1912, the duties required TO De Pald by
law on goods, wares and merchandise, shall De as
sessed upon the value thereof, at the port where the
same shall be entered, under such regulations asmay
be prescribed by law" 1t was argued In behaf OF
the United States that the latter clause OF the third
section did require further legislation In order TO
give efficacy to The act after the SOth june 1912,
but that until Congress prescribed other regulations
twas the duty of the Collectors, in the assessment
of duties, TO be governed by former laws, as mo-
difed BY the Compromise Act; or by such regula-
scribe, under the powers vested in him by former
acts and particularly by the 9th section Of the col
Lection act Of the l4th July, 1882 The position was
also taken that the act OF March, 1888, having fixed
the rate OF duty al 20 per cent on the value OF the
imports. the power of prescribing in what manner
that value should be appraised ought be regarded
as necessary incident to the right 10 demand the
duty, even though no such power had been given by
former acts 10 tine Secretary of the Treasury, to
whose department the collection of the revenue
from imports is entrusted by law Other portions OF
the act OF March, 1888. were referred to and ex-
amlned for the purpose of showing that 1t could not
have been the intention of Congress to leave the
subject OF duties after the 80 June, 1872 dependent
upon future legislation; but that il was the object
of that act to establish, in connection with former
acts in fdri motera, system complete In ITSELF and
not relying, in regard to any of its provisions, upon
The Court decided that the law was in favor OF the
United States, and directed judgment to be enter
edfor the amount Of duties claimed by them, viz
twenty per centuIn upon the value OF the cargo as
appraised at this port The duties amounted TO about
$llOO This Is the first case, we believe, In which
the question above stated has been Judicialy dec-
ded.-Rich,nond Compiler, Jan. 3.
RACES MoBuE.-It was the first of the races,
yesterday and though the field was neither nume-
rous nor select there was far larger crowd assem-
bled to witness the race than gathered on the three
mile day the louisiana Course. So far, the
prospect of sport only looks better here than else
where, but bids fair to dlsappoint agreeaby, the
tlcpauons of even the most sangune among
The race was tor purse made up substitute OF an
expected sweepstake, and considering the state OF
the track not only afforded good sport but was run
In very good time.
First Day roprietors Purse-Me heats-En-
trance $50, 10 be added to the purse -
R. Smiths b. 6. Old Master by Count Badger,out
OF Timola by Timoleon,3 y. % IS lbs. i
VJohnsons g Joe Anderson, by John Ander-
50 ssn lb sy Pacific out Of Ie'l''Aan mare -y'0
RIB; Harrsons b. m. Octave. by Emancipation.
Time, l54-i.56.-Mobie .adp., Dec. IS
CONFIDENCE THE CAPTAIN The steamboat
Neptune lately struck sneg in the Mississippi, and
being sinking condition. the Captain rushed into
the cabs, exclaming, "Gentlemen, by Heavens, the
boat win be under in five minutes" Some fellow,
engaged IN rolling ont box OF specie, roared out IN
lmploring tones, Good gracious, Captain, can't you
give us ten 70
HoRRlD MuRDER.-We learn, by letter from
Henry county, that on the 22d ult Beverly T. Brown
the manager on the estate of Marshal Hairston was
most shockingly murdered by of Mr. HIS ne
groes. i appears that MIR. Brown undertook to
chastlse the negro for some offence, when he made
resistance and inflicted Mr.. B. wound of which
ne died IN few minutes-Ly'chbug Vwginian.
AceurrTAL FOR MURDKR.-The jury in the case
OF Mlby Axe the Solored man an put upon his trial
murder of coored woman named Hannah Nor
ris, acquitted the prisoner. The was disposed
OF in about three hours.
CONGRESSIONAL ELEcroN.-The election in the
Third Congressional District Of Maryland fill the
vacancy occasioned by the death of the Hon James
w Williams, took place on Monday, There was
opposition to Col Sewel the regularly nomina-
ted candidate of the Democracy, and he is of course
elected.
BREACH OF PRomsE.-A trial for breach of pro-
Isl ut which resulted in a verdict of five thousand
dollars damages The parties were Henrietta Ter
~ VS.. William Terry, The Messenger says the fol-
loving facts disclosed tue trial The plain
tiff had been married to the brother of the defen-
dant, and had been left widow with two children
After the deceasc of the plaintiffs husband an un.
due intimacy commenced between the present par
ties.
STEAMBOAT AccrpENr.-The Louisville Journal Of
the Goth ut, says the steamboat Star Of the West
collapsed f1ue, at Liverpool on the Yazoo river, by
which several persons were severely injured two OF
the deck hands so badly scaded as to render
their recovery doubtful.
RIVER DELAwARE.-The severe frost of the last |
few days efectualy closed with ice the River Della
ware, In front of the city, yesterday, and numbers of
bound and had been so for several days past during
which time it has resounded with the hum of the |
swiftly moving skaters. - PHILADELPHIA Gazette
Jan. 8. Itr
TANNERY DESTROYED BY FIRE learn from a
gentleman Of Nj Morris, that the large tannery and
leather establishment of c. c. Ashley 81 Co., in
GLIDING heavy stock of bark leather, and oil, was
enlirely destroyed by fire on Wednesday night last
Origin OF the lre, not known. Loss, some $6,OOO |
Insurance 90, 000.- Rochester ado jan. 2.
Ouro RrvxR.-At Pittsburg, on Monday, the Ri |
yer had four feet OF water in the channal, and
rising. AT Cincinnati, the 3lst ult., there was |
sufficient water in the channel for the larger class
boats.
CAueHr.-The rogues who recently robbed and |
fired the exchange office Of Mr., Hollander in New
Orleans have been arrested, and S22 900 OF the |
stolen money recovered.
PrIorrNe.-The New Jersey Pilots brought into
port during the last month 81 vessels 35 Of which
were boarded out sight OF land, and took out ia
pretty good months work.
NORTH kIyfS S; BANK u The sj,y Of New YO5lLTbs
New Yok nave declared dividend of three