The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-19
u =. Circuit Court.

they are not rsr'rc sufficient to pay complain
ant They have rak,d no ,he public newspapers,
Mr. Bennett and Ms arsstsnt credtAbly refused
to give up author OF the article which they have
read they had ',y opinion Of their friend Mr..
Bennett when tn.y expected hn 70 violate tho feel.
isge Of honor whith bad him tn his correspondents
day HE great anxiety for tho governmest no donot
keeps bin away Wstmoie's anxiety reminds him
(counseD of cur-ns eef 'auxisty which occurred
In this town thu other cav: Dutohman Wa trustees
for the estate Of miror Who was very wild ooy-ns
Is since dtsd-apo ths trustee, IN making up ms 40
counts charged $50 Tor anxiety Of mind" laugn.
teri when askeo .nat he nesut by that item, he sad
that otter night hs could not sleep ana whsn MS
wife wanted TO Know sint matter with hin he
obliged 10 tell he could not sleep Tor MS ankle
ty about the boy he therefore thousaI no ousns W
be paid for biz Al xieg @, miod tGonunusa In
Mr. Wetmore's nnSir1y 10 something IKE the Dutcn-
mans MIR Dieter an did not conclude his argument
till near o'cloos' Nbfh ....
MIR CUTTINe. bsi alt OF defer daats submtted that
the act Of orerss not limit the time Of seryce-
docs limit III tmc IN which tho vessels sha be
built when thsl shati be put In ssrvce this Is all
left TO tire Secretary IL follows, then, that he
can ysry the modify itsnd this was necs as
cary It is quite pabe by vrtaa OF this contract that
vessel could c"ur 'iain the meaning OF IT, unless
contemplated rs fhr ect Of Congress and the Fall
Lot BOLT ~ der nor con.empated by the SAID
sc he contended hat IL cut OF the power OF Col
Sloo TO make the u the contract begin At tho
time the Falcon commenced 70 run; thsy ldeisn.
dants) nsiptarb that the term has not yet
commenced he eopt.udee that the whole contract hs:
been carried out 10 rsr IN substance ana susot ana
that III. re has yIoation the part OF the
defendants No one Vas found with sufficient enter
prise take ttis utrsct until Mr. Law agreed to do
so ard he pt"yoe tbs money by mortgage or other
vise IL s If to SiOo, he inquire
where it n ~; 10 il matter OF private concern,
and MT. soo hss uutnng to do with 1t Counsel then
read from the srcs OF Sgrssment where 1t was stated
that Law should receive pensstion for his ser
vices, the sUm al - ,iU snn1ra, 10 commence ~
the tuDtoa OF ssid vessels shau be be-
gun and alec abe clause where 1t Is a2resd that
Nc vsne sha receive compensation for his services
IS trustee the Sun OF 5000 per snnun' s9sh sum 10
commence with srrvico'' OF any one Of said ves
ssls, but the tsr(D not ooo OF those vessels.-
Counsel then stared hat 1t would be necessary 10
amend the bill for The OF having the prayer Tor
receiver intr, into and With much force con
tended that the c-utIart was being performed with
care and prudence rGd all possible expedition and
that the government scqucsced in the delay neees-
EARLY oecsiond ny IN. enlargement Of the vessels be-
vond RI. orioiral cntt,,t and that the defendauts
have bit ascertain tho success OF these two ves-
sells the Ohio aud ,irogs (uot yst completely before
they proceed Wit Vie construction % the others
Nov. is Mr.. {, r1iNG rssuned.-We establish, on
aeavts that th.se not in default rs to
the procuring of necessary fluids in rsndsrnsany
quarterly account nor IN paying TO pisinun the sum
OF $50 quarterly, &c appears satisfactorily that the
undertaking has never been stopped TOR single hour
for want funds ~ Of tue workmsn &c have
stopped for 81 payment and that they have had
their demands tsubed on all occa.ons The quarterly
account IL to be r.ud-red three months after the trust
duties commence aL0 those trust duties DO not COM
mence until after Law dutiss as contractor shall
cease. viii it b.. prt.uded that the captain. or any
OF tie Of the FALCON could have held the trustees
liable REF for their or for any part of
the debts Of that s1ip rhsy are not psnsibe Tor
her BITE aad certainly not fOr the collection Of her
freishts and ssIpny- wiu it be pretended that
when The Ohio stained IN 1872 IL was the duty OF ths
trustees 80 have anued her ana provided her, &c
They cculd not the ecsuunt rs osiy TO be rendered
three months altar the trust eomnencss-the Falcon
do<s not come under 'hst trust Even that
the Ohio trust three months have not
elapsed since she b-p 10 run and there h no breach
duty behalf al her. There Is no aVerment la the
bill that any account was deMonded ana defendants
say in their sdavIts tina. they we're Asays ready to
show their book. iTrquired Lesn up 20 Tue tiae oil
the ezpeIimsn,al 'p % 'ne vo s.,o ,,h ,ns
ships be is not only 10 fsTor Of then, bat he draws
the trustees in favor Of Dir Law, and others OF
the defer dsntr ibcisdusy 20 the amount OF S-lsoo
30 far from ohsctng u th-se PARTED some OF thess
drauehts drawn before the runn5g OF the Aison,
and IL be premature In him to try and break
up the trurt MIR Sluo commenced living at the rats
OF s2l goo Ia ahtlc xttun OF net earpinBi ana
IL s premature sess ths he If the only who has
put In birg Gaping very large harvest for
him tbus TO obo'avor 10 get MA Of these trustees
IL 10 his excessive sSnt o. money chat cases this suit
He has sesdy received ffor aeen tants several thou.
esnd dollars q ~ possible oonstrueton OF
the made b, a., bui alone be could pretend to
claim Instead 81 receiving 80 900. when ne could
only claim even lso ,be verssl on the 10th Oct,
lsys, he has hGlO rud he was loud IN his
epproi alton D. fe wanted 20 borrow SlOOOooi ana
when refusec be "a loud mouthsd 10 his dsnGncis-
tiops against Nr. ECbsrts thsn he turned to Mt.
Law, and " Mir Law would become bis Damon, he
would be Mr. law q" ~ thi@s" But when Mr.. Law
refused 10 lend hn fi4 GEO, then IL was that Mr. sso
became ceteInpd 60 terminate the tIGt OF both these
gentlemen. ltf usui,st from the smdsrits that eI-
psnses Of 500 tVc b nj ths loan Of The goVernment,
have been borne b. the-. deiodEuts; that the COM
psinant has no means carrying the undertaking;
and that the Eht 81 ala ths -@Ies ia the enterprise
will not be endangered ~ dsteudants continuing IN
the trust, but mat great osster and srs.t 1883 VIII
be the conequsncs 81 ~ be tskeu out Of their hands
Grant TO the IlsiLun every potiton be claims, aud
make no deduction sno then he Is ovsTpsid L'en let
62tO Per qustt,r wlts Tie running OF the Fat
con. in DrgeGlb.r is3s &c re- vu lbs due only three
quarters. sls5Jo ..d he has received ssl,SVo No
Governor Geu-s 81 iuuts cculd, with as little hssi-
taton tttp frw.rd sd utf 20 advance the necessary
for THE tr-r, sud yet be comes on 70 New
ceiv,d tbis salb,u u,u us sud has given an agign-
mint Of SIC OtU c ores aud psTbsps many more,
that We LLor lo'hiHs 81 Lho counsel yesterday
stated that thsf Ae pItPaf'd % pay us All our de-
manop giving ug tre tluet st1 authorized to say
thar rh.bever Tho oltr bat are 30 lAVisy made srs
tendcf.d 10 ~ To- ~ .tH accept them. When
casL coming ny ~ "a g1sttana 81 Air Dcxsrson !.
rendered. S s~r~i 81, but va treat II as frivolous
TO tncr housaIa. whsis tltre sc, tro sud skpsnce
70 ISy them. ben thia gentle IL 20 laEiih Of his
On a.. eys-I m. ,o.,t Nd go uhsther or not
&c vOuId b ous q the eho.s proceedings
20 take the otbtfAst tut % Tie hands OF gentle
men rboss solv'Icy . 10" Aitsusisd 20 be doubted,
the coLiG,l II mao who l. not worth shilling
the sIlarg q tse ssssris creates necessity
for nearly double the fuUus flguaed for ~ the con-
tract rith Ar 500 "a u'ce--sty esussi q delay
must thee u.ctssis be visited the defendants 20
as 70 inouee oar . ,qas 20 'trP IN when they see
the funos would hg'- h'en ruis~ut but for ths en-
larRsmsut- tumc'ut tor tie ofgnci purposes OF the
contract And ~hfb ~ Law sPpiiss 20 so1eFnmsnt 10
obtain fund.- uec.sss hs sulargrmcot, can " be
ocpsid.r.a failure - osy' ~ fsr ison that BY sta
tute of Congress o. l. td 81; lu rance 10 ths 30
yeruulsnt ana 50. go aas ordered 70 D. advanced
before = single d. isr ha. been esrn-i The govern
ment have csbiif,a tr La aud ar Roberts Tor ";
ns',ber Mr sloo u-r Neusniue y re,pon'lol,. ana
the guysInmsu che.ftuy advanced the money for the
entcrpfiye ow n,n it o. coDteu.rd that there IA
failure q cG 49, srJ part 81 he $50 90 earned
prODts!' no. Nfs. ttro uss va rloo 20 90 with W
pon wi at price o., b. " th.t Court of Chsncery IA
gcifg &c here H. no maud. II IL not
open n ds, made unaer So act Of Consrsss Nr 500
insists that the tsottt ~-s ostsnsd under tse mod
ncation and cstm hs brnshf, be ratiaes me act ~
his cai Car be claim sc fruits OF tn. act ana then
impugn ~ Inv us'ay "a ts'n acquiesced In by the
goNorLLsLt aug ei fafirr. o. the hing OF tnts Dill