New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-10-20
COMMUNICATED
-, ,,;,,.,. 49,, H. ,nc,;,n s,oro.

COMMUNICATED.
Mayor lIiclle md thc Auction Stores.
/ case of considerable importance to the community
came before the Vice Chancellor day or two since.
It appears that the Mayor believing certain stores in
Broadway were used for what are called Mock Auctions
took upon himself to plant opposite such stores men
with boards on which very conspicuously written
" STRANGERS BEWARE or Mock AUCTIONS, and that
the p-ouretors OF these stores being regularly licensed
Auctoneers considered that the Mayor had been guilty
of most outrageous conduct By doing, having
been they alleged presented to MIN TO warrant MS
coming 70 the conclusion that the sales al the stores IN
question differently conducted from those o! olcr
-tores The parties were however unwilling on their
parts 10 violate the is on the principle we suppose
fhn; TWO wrongs do not make one right. lhey accor'
DINGHY sent rcuonstrance through gentleman of emf
nencc the Bar the Mayor but his honor was obdn
rate his reply in substance that he had made up his
mind 10 breaS up these establishments and do 1t Ne was
eternined One OF the parties thus aggrcved accor
dinply ed bill in Equity setting forth his wrongs, and
obtained Injunction TO restrain the Mayor from Tar
Their proceedings in the matter The question raised IN
this case one of very considerable importance 10 the
public 1t has been very fully and ably argued by Mr..
Moves on behalf OF the Auctionecr and Mr. James I.
G,ady. the Corporation Counsel, on behalf OF Mayor
SIickle
Now i, really seems 10 us that ii Mayor Miclle can
assume certain auction 10 be mock auctions, and
without any legal authority plant opposite any
citiz~ns door he mag think Mt, he possesses more
mower than the most absolute and despotc monarch
the face of tie earh-and it s not difficult 10 ioresee
hat the con equences may be Now the law plain that
IL party places himself opposite my store so as TO pre-
vent my customers havn; ngress and egress thereto.
that am al liberty to reasonable force IN removing
such Aui that the party so acting II guilty OF lres
pass If he officer and placed there by lawful au
hOrity apprehend he Is bound TO procuce 10 me Tue
warrant authority by which he takes upon himself 10
and this liberty 10 guaranteed 10 u by the trainers
of IN. constitution We think then that the assumption
OF the Mayor is OF very dangerous character and
good citizens and public journalists we bring the mat
before readers in the hope that we may prevent
the shedding of blood, or that some more able person
| than ourselves may enlighten Us on the subject
IL principle OF the Common Law that every per
son shall be considered innocent unit, be Is pronounced
By the verdict OF jury guilty We presume then that
the persons keeping these stores and we know nothing
of them 10 be considered respectable traders until
/ the contrary appears
| We have nothing do with the intentions of the
Mayor there is place said 70 be paved with good in.
tentions; what remonstrate against Is the assump
ton of power by the Mayor OF New-l ork. Ii he can
commit with impunity outrage IN ore instance ne
NAV in others and would wish crush in the bud
any thing like cncroschment on our liberties. Ii
persons detrauded at any OF these establishments
Lex the perpetrators be prosecuted and convicted and
their licenses be taken from them but, in these en-
ghtensd times do let the example be- set by civil
officer OF violation of that law which proc!ems that
there is remedy tor every wrong.
News FROM C. NJ. CL,Y.-The Lexington OBJ
server of the 18th says most painful rumor prevailed
in our city Sunday last Letters were received from
some of the volunteers in Col Marshas regiment the
/ I. VI.
camp in company with man by the name OF Kendall,
for the purpose of taking Buffalo hunt in the " Ca
ancho range. and that ne had not been heard OF Tor
rwenty-one days. The inference was that they must
have been killed by the Indians and 10 strengthen that
inference stated that the dead bodies OF two
answering 10 the description of Clay and Kendall had
found. The approximations OF Mr. Clays relatives
and friends however, were relieved during the day by
another Letter received by the mail from one OF the
volunteers to his father IN which ne stated IN postscript
to his letter that Capt Clay had just arrived IN camp
bringing with him order from Gen Wool at san An
tonic 10 Col. Marshall. directing Captains Cay and
Pennington. companies TO be detailed rom his regi-
rent and under the command OF Major John T. Gaines
10 be marched san Antonio TO De united with his
IWoosl command IL Il stned that the two companies
above referred To- with two companies rom tennessee
and another company (perhaps Capt Wiiii2nss OF
Clarkel are form Battalion 10 be- under the COM
Iuand of Major Gaines and 10 DE attached the Dv!s
! ion under Gen Wool This was the Buffalo hunt OF
| Captain Clay
The ARMY AT san ASrosIc.-From letter
dated at Camp Crockett the 18th September, and
published IN the Alton Telegraph, derive some nter
estns facts IN relation the Illinois Volunteers At San
I Antonio. We have already noticed the duel between
Dr. Hope OF Alton and Dr. Price OF Bel!evie in watch
the latter severely wounded IN the abdomen 1t IS
stated that the difficulty caused by Dr. Pce repeat
ing private conversation which mad taken place in DR..
Hopes tent DR. Hope, feeling himself agrieved there
by severely logged Dr. Price IN the streets OF san An
tonic which caused the latter 20 send challenge TO
him MAJOR Cross. OF the u Army acted as the sec
ond OF Dr.. Price, and Capt Williams OF The Kentucky
/ Lifeguards. acted FOR Dr.. Hope.
Az a General Court Martial held few days pre-
the date of the letter Captain Wells and Second
Lieut. l. D. Ross OF the Chicago companies
convicted OF unoaicerbke conduct and neglect OF
official duties tae former csshiered.T and de
elared for after incapable CT holding any Office IN
the armies Of the United States and the latter
dismissed the service Isl. Louis Repub. 10Th.
THE colrsfsi.S MAcAzISE-lsRAEr Posi-. 40 Mas
sau--t-
I The Columbian Magazine Tor November has sew
eral excellent papers, among which may men
hon The Origin OF New-York Democracy by
Fanny Forester. Debtor and Creditor by T s
| Arthur Legend OF Mays Rock By Mrs Steele
"A Dream, BY Mrs OsgooS-and The Violet
by the Spring, Poem By Mrs Mary y McDo-
nald. There are papers. also by Padding, Mrs
Elicit Mrs. Goodman, and others. One Of the En-
cravings IS well nezzotinted by Sadd and It's sub
ject IS of rich interest Doctor johnson rescuing
Oiiver Goldsmith from ms Landiady' When We
consider the cost OF such embellishments and OF
contributions from such pens we must regard The
Columbian as cheap at g per annum-
Boris CIoTaTyG-amnng the various styles OF boys
aad ehildrens clothing the Far those exhibited BY
VIZ. " Osborn c; go G-andst- deserving Of par
rculs- notice. The workmanship Il excellent and the
style SURPRISING that Of any other. Mr. Osborn RS
double breasted JACKIE. Of his intention which
70 Us the best hr.ed and he hateful for
boys winter garment Of any hing IN the exhibition
Our juvenile readers VII al call On NJ. Osborn Mr.
Osborn mas male this branch Of the business ais psz
acuisr sSsdy and he sxce!s IN IL