davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27
Before Hon. Judge Birdsall.
Before Hon. Judge Clerke.
IMPORTANT OPINION on IMPRISONMENT FOR DEBT
UNDER THE CODE.


IMPORTANT OPINION ON IMPRISONMENT FOR DEBT
UNDER THE CODE.
S7T. 26.-Ldne Loser and othes.-Ths ac-
ton against the maker of two promssoy notes. amount
ing to 81 6e7 81. The defendant without denying the
demands claims set of for money laid out and expended
and work and labor amounting to $3.50 tacy admitting
balance due TO plaintiff of 81 SIT a. The plaintiff then
moved under the last paragraph of subdivision g. section
24 Of the CODE that defendant be ordered satisfy
that part Of the demand thss tac admitted and that
the Court enforce the order it enorces provisional
remedy, by commitment for contempt.
CIFRKK 1.-THE paragraph from the code, quoted by
the plaintiff IL regarded isolated and detached, may
seem to warrant the construction sought to be put
it, but taken in connection with other provisions in the
same section, this construction cannot be maintained
III would be manifestly at variance with the spirit and
policy OF our legislation and with the current Of public
opinion during the last quarter Of century by subject
ing party TO imprisonment for debt In CONFIRMATION
All he act OF 1881 passed for the express purpose Of
empng from imprisonment In proceedings like the
~ ent such construction would also be indirect
real part OF the statute OF 1881 and statute Of that
pon, in favor Of human liberty cannot be repealed
in ths way. The repuRnancy between the two laws il
great irreconclabe a. 10 create a repeal of
tho rrner by implication The construction contended
To- presents anomaly which neither law nor rea-
The admission by the defendant Of part OF
bs IT is implied and not expressed-t Is, In fact de.
s1t against him for part instead Of the whole debt
1t him by default for the whole amount there is no
@ ~ that the remedy sought to be applied here would
- he sustained, and still less will II be when part OF
she demand s admitted For these reasons therefore,
believe that the provision In question Affects any
ue nand, or any part Of demand arising upon
tract OF aher such contracts within the meaning
On the act OF 1881 The provisions quoted from the code
ae to the specific delivery property and are intend
Swr pore nasrsn. cases than the mere nonfulhlment
fan ordinary contract The motion must be denied,
ith costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27

The Newport (R ID advertiser says boat race upou
rnder scale than any which has ever occurred viii
e in Narrsgansett Bay next year, which the whole
orb win he invited To participate Prizes amounting 10
q Eve thousand dollars will be awarded TO the snning
kQbLA
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27
The Epidemic In Norfolk md Portsmouth.
MORN PHYsICI AM0NG

Saturday black day with the physicians in both
cities. Drs Capre of New York, billiard of Montgomery
Ala and Burns died in Norfolk. In Portsmouth on the
day Drs. Rzer of Philadelphia and Walters Bal
timore expred-6ve in ALL The largest days mortality
among physicians the 5th instant when seven
swept off,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27

The steamship Isabel having been thoro ughy repaired
on trial trip this morning. and will sail Monday for
Charleston.
ship called the "Tchernaya" of 400 tons built by
Lee and launched Quebec the I4h has
chased by Messrs Punch Meincke OF this city The
the forieh vessel built by Mr. Lee. The
Mcssrs English ascount, for $4,000 She will take
on board sO0 loads timber, and proceed to Liverpool
Messrs Thatcher Of Wilmington, Del, will shortly
commence building schooner of about 800 tons burhen
When finished she to be commanded by Capt Corson Cape
firm intend building fine bark, which when completed Will
be commanded by Capt Clark, of Philadelphia.
LAusCHED-At Brunswick oath inst by Mr. Jsseph L Given
fine ship Of about 9C tons name not reld, owned by
Allen Co, OF Bath, and Capt Merryman VINO will command
her
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27

Telegrnphic Marine Report.
MOBILE sept24-Arr ship Rockaway, Goodwin Philadel
despatch yesterdays paper was dated Boston instead q as
above9 = -
Herald Marine Correspondence.
KEY WEST Sept 1.-THE schr J Taylor Captain Black
stopped in he board anE ss c aa
ae sS s SSs Tip s @ w be able to
ns SaEf rP Rsn 1, rS s taken en-. out by The
vessel having been found perfectly tight shcnsh badly chat
"a and the scurf q the keel away win discharge
on 81 'n sed s
& he "a spS % @
Judge Marvin The salvage 4 not yet made known Value Of
the sDa ssssS r
G The vessel has broken up and the cargo WIN prove nearly
The cargo as Il Scattered about the reef has been so
for. SIS 30
The hull brought ceS 0
Total sales 1854 %
Used By he
The brig Hunress Capt Dolbey is waiting the decision of
owners before repairing.
rHADEPmA Sep Asr ship s isaac }ea Ss, Chip
Carlisle salem nSnra Stuart and Belle Poae Hercs New
.aS &. fSs sSss: E R
els Arthermus Grant, and vcIsire Terry New York
Ehsrp Has sSsns snsy
sn a9ss DANDY hs sRAsp
Hatch starr ssrr Boston Es qnhssnse B.ss John
Ssw'Sorns. vsas New Haven Mars xsihsSs, sSrop
Dsisw.re cspes. Nyork. '''-''''
s CS sPr H. b ssn
Boston Crusader r .evsr RAGGED issnd; Laura Stew
A. sosGn sss
sos nd s sla RS~D,n Scoa sri Aas % I...s
fsSEIsrs SpPssals faiis9i, SSWS = nsis'S To-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27

Telegraphic Marine Report.
MOBILE, sept 24-Arr ship Rockaway, Goodwin. Phlade.
pha and was taken for Liverpool Nd he teegraphic
despatch In yesterdays paper was dated Boston
aboyeD
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27

kinsoni Cambridge; w Candy Hewitt Providence Hsw
thorn veszee Chsrestown Mass; W Dresser Hatch Bos
ton; A DicEinson. Corson, Proydencei Reward I'm.
SoOE Salem Cora Nc.s.:oI 50;son; Yankee Blade Bsry
doi, Hamden; Cambridge, Hambl!n, Portland; Phars.
Britton Charestown Mass John Warren Lzier and zane
Doughty Humphrey, NYork; u y Craumer Huntlex N
London Harriet Louisa, Brown, Stonngon.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27

Another Session OF Sam Briggs' Commit
tee-The Chief OF Police the stand-He
VIII Not Testify-A Discussion ON Natu-
ralixatlOn-EI0re Amdavits-A short Seq
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-27


CITY and County Of Nec Fork ss.-I, Thomas FENDER
messenger OF the Board Of Aldermen, depose that on
Saturday September % 1866 went to serve subpoena
Mrs. Mary Matsel Finn the eldest sister of George
Matse the Chief of Police OF the City of New York.
that went into toy and confectionery store the
Of South Seventh and Third streets, Williamsburg
wherelI two young ladies' each about IS and 20
years of age that inquired of these young ladies for
Mrs. Finn, McFinn (the widow Of Mr.. McFnn, whose
former husband was Abbot,) and informed that
such person resided there; that when asked them
for Mrs. Finn Mcrinn they both exhibited evidence
each other intensely, and hesated some seconds as
70 the manner and expediency Of answering my ques-
tons And further deponent saith not.
not THOMAS FIENDER,
Messenger OF the Boa rd Of Aldermen.
Office of the Clerk OF the Common Council Sept 81 1855
Sworn to before this 26th day Of September 1855
W. j. l. CHAPMAN, Commissioner Of Deeds
CITY and County of Netc York ss-I william Raker
Of No loss Broadway, depose that requested by
stephen H. Branch to subpoena Mary Matsel Finn, the
eldest sister Of George Matse Chief Of Police that told
Mr. Branch officer would probably more suitable for
such mission when Mr. Branch replied that he desired
to the subpoena, as had known Mary William
Susan, George, Augustus, Elizabeth and James Henry
Alfred Columbia, since they resided opposite Lafayette
Hail. where Niblo Garden now sta nd and because was
intimately acquainted with George Matse tailor and
Elizabeth, his wife, having formed their acquaintance
shortly after their arrival in America COLUMBIA Matsel
that in Of ali this and to please Mr. R4anoS
who said that required person TO subpoena Mary
Matsell Finn, who acquainted with her. accordingly
started with friend Saturday morning the 18th OF
September for Williamsburg, at o'clock and proceeded
70 the residence OF Mrs. Finn, sister Of George Matse
,ns' IN Stepping IN the doorway Of her daughters toy
nor OF Third street. seemed TO excite atten
ton and alarm, and presently general commotion in
the house. and throughout the much
that consdered prudent to commence reconnoitre
Ing little distance from and subsequently, In the
rear Of the locality before serving attempting to
serve, the subpoena that learned the daughters had
several occasions denied that Mrs. Finn. alias Mrs
McFinn alias Mrs. Abbott she sometimes calling herself
BY AZ bsss three names AZ didsEsut uuss), yesided
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04
PARTIES IN NEW YORK.

The New York Courier and Enqurer--which, In par
oxysm of abolition inspiration few weeks ago, offered s
soul and its services TO the great depot Of the northern ia
natcs William Lloyd Garrisons of reoced that
the democratic party of New York have not been able
complete and cordial union upon the prin-
cple of the Nebraska bill and upon hs idea the Courier
and Enquirer proceeds lis hopes that the demo-
of New York certain of dc.ea The bitter ohuke
which this expression unconsciousy administers the
corrupt and dsgracefu fusion which the Courier is daily
aborng TO build up, shows at glance the distinctive DIFF
ference between the democratic party and its advesares
Let the first be unable TO agree upon single philosophical
TRUTH and 10 those who declare it to be party of spois
loud in predicting overthrow. Aud what creed
shreds and Of patches is that upon which the Courier aud
Enquirer expects rally the sound conservative, and
patriotic of the country What farce is its asonl
what libel upon the sense Of The country its ex-
pectation that this fusion will succeed
The fusion in the free States advocated by the Courier
is admixture of ntcmpeance the slavery question:
temperance the subject of intoxicating drinks equality
for the negroes inequality for The Whites charity for the
know othnes and political chains for the adopted cti
zens. And this catalogue Of contradictions is sought to
be crowned with the approval Of the church. and then pre-
sented to the people as the remedy for all the diseases
inc body pOHucs
We have not lost The hope that friends in New York
will be able TO together ali the articles Of the
creed of the national democracy They agree upon gr,
principles which the alterng frsonists dare not
They agree in making the manifest and The bcldest
fare upon the knownohngs They agree in opposing all
sumptnary laws, Of whatever kind description They
announce the general purpose Of hostility to
lgions intolerance and persecution. We regret that,
in accordance with their acknowledgements in other
in concert upon the principle Of tho Nebraska bill.
But have hopes that when they the excron which
making by the enemy to unite in frantic
and anatical crusade upon the constitution and revive
the anmosities the slave question which only be
forever put to rest by yielding to The people of the Ter
rtores the sovereign power which foreiah
fought for and obtained from the kngly oppressor when
the latter attempted to govern the coonieswe hope and
believe this spectacle becomes appalingy APP
parent to their eyes that they will discard the preudces
the past that they will throw to the winds all committs
to obsolete and exploded theories and that they will come
into line solid and mpenetrabe phaanx against which
the fury of thousand fusions will be dashed in vain.
Let the Courier look TO its household A party
that is united upon principle but that Of eternal hatred
the guarantees Of the constitution of It's country
live in perpetual fear of the doom that is certain
overtake it. Let the Courier and Enquirer look to itself
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04

Considering the disregard paid In this country 10
the editorials Of the New York Herald and 70 the bungn
fabricaons Of its Washington correspondence il Is matter
Of surprise that any should suppose them worthy Of
contradiction Occasionally reerence appears in for
egn Journal to the statements Of the Herald but is al
ways made for sinister purposes and never with the in
tenion Of imparting correct information The state
which appeared many moaths since that the Pres
ident had received autograph letter from the Empe
ror Of Russia on political affairs here thought Of
contradicting because believed it yet abroad i,
was noticed as a matter which might be true. Ia July
last the Herald published what purportei be letter
from It's Washing containing fabulous
account Of interview between Lord pslmerson and Mr.
Buchanan our minister at London and the contents
despatch Of the latter to the Secretary Of Stale specifying
what passed that interview 1t well known here that
there not word of truth in that letter. TWAS not
contradcted in the Union because imagined that
any here elsewhere would believe IL II has how
ever been intimated that IL would be well contradict III
statement because persons abroad well informed
of the utterly unreliable ia which II originated
may perhaps suspect that there preenee for such
a statement We well warranted in saying that no
such interview that mentioned by correspondent
the New York Herald Of the 2sh OF July last ever took
place between Lord Pamers,on and Mr.. Buchanan and
that despatch in relation to such interview
sent 10 this government We observe tina. the July
number Of the Westminster Review, widelycrculaied
periodical characterzes the New York Herald paper
to which hardly any American Of Influence Of any party
would attach weight and it is natural to infer that 1t has
at length sunk to the same low position in Europe which
it occupies here and that its statements will hereafter be
alike dsregarded at home and abroad.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04
KNow-NoTHING FIDELITY.

1t is fact that stands in proof against the know
nohings of the South, which cannot be fiowned down
that they have placed in nomination the antiNebraska
wings who opposed the Nebraska bill in 1854. 1t cannot
be successfully denied that these wings aetuaed by
desire to proptate the exclusive sentiment but
this fact has deferred the southern nohings from
placing them upon their tickets Hence have them
supporting Puryear, of North Carolina Taylor and Gull
lom, of Tennessee Hunt, of Louisiana. We know that
it may be and is alleged that Mr. Mlson Of Virginia
democratic member also voted against the Nebraska bill
but his entirely different from those which
actuated the wings we have named, whose course in
Congress was proved by their companonship with thu
adversares of the BILL and by the applause of the abo
ton press. 1t will good purpose to remind til,
South Of these evidences of knownothing identity with
the northern opposition to the Nebraska BILL especially il
view Of the efforts making by the know-nohugs organ
ze exclusive southern party to be devoted exclusive
southern principles interests and men.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04
THE DEMOCRACY OF MASSACHUSETTS, SPEAKING


large and enthusiastic meeting of the democratic
citizens of Lowell Massachusetts, held in that city
the 25th ultmo The speeches delivered and the resolu
tons adopted of the right stamp and speak well FOL
the ultimate triumph of democratic principles even in
State whose bright escncheon has been deed by the
debasing touch of ACKNOWLEDGMENT Among the resolu
tons adopted were the following:
Reso'ped That the administration of President Pierce
in conducting critical relation with foreign nations and
by it, firm and steadat adherence democratic principles
in all matters relating to domestic affairs meets with the
unqualified approval of every friend to the peace and per-
petuity OF the Unon well as of every democrat.
Resolved, That the principal opposition to the democratic
party and the national administration has become reduced
until II includes only abolition fanatics broken down
divided, beaten. and crushed know nohng disappointed
oceseekers and the specializing, gambling crew,
plumber schemes upon the national treasury have been
by fearless and Just exercise of the veto power.
"Resolred, That all secret political organizations BY
whatever called whose objects and purposes
prve citizens Of their legal constitutional rights antag
ontc to every true principle of berty and, therefore,
waging relentless upon the foul monster
ism, tho administration and the democratic party Of the
Union entitled to the gratitude of all friends of po
cal and religious liberty and should receive their hearty
support and cooperation"
The Lowell Advertiser states that B. r. Butler esq., nd
dressed the audience for upwards of hour in a very
able and feicous speech He advocated the passage Of
the resolutions whole The and policy of the ad-
minstration foreign and domestic he reviewed and sup
ported, in connection with tho resolutions with great
power and effect
T. A. Crowley, esq was loudly called for lie respond
ed in glowing eloquent and whitening expose of the OBJ
ects purposes tendencies effects and consequences OF
kpow-nohingsm, or other secret political organizations
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04
HON. w. I. HAMILTON.

The democracy Of the fifth congressional district Mary
land have placed this gentleman in nomination for reeec-
ton He has wed in the national legislature with great
distinction for the last four years. and his constituents
tain the confidence in his integrity and ability whicb
led them at first to select him as their
The democratic party has never had fearless and
sincere champion, the constitution honest and
defagabe supporter We hear the best news from his
district and his friends anticipate great triumph over the
combined sms.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04
THE ELECTION IN TEXAS.

We copy the following from the Galveston News of the
21st ultimo:
This mornings mail brings further returns of the cleo
ton. In sixty counties Peases majority for governor
above three thousand Bell Is long way ahead for Con-
gres the west and Ward has about thousand majority
for Congress in the east, FAR as heard from.
The returns on the debtbi too scanty to enable
Judge from them whether it has been accepted or not
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04
! SHINGTON CITY,
TUESDAY MORNING. SEPT. a. 1855.

or NJ isIAsL JAMES, No. ls2
pia, general travelling agent, assisted BY WA H. WELD
Jonr COLLINS, JAsss DExKnO HAssrr H. g. JAnxs Tnos
ID Htcs, n W. MoxKrsos, II. w. Wiley, VIM L. WArxasAs
H. CAmsos, d. X Musrlx Bar. r. Swans, n. AsaxAs.
ans r.. DAVIS.
o. HssEY NJ Lewis, OF Montgomery AIabsma, Is
travelling aud Tennessee,
sisted by O. Y. LEw JAMES and SAMUEL d. LxwIs
CO. mr. O. W. JAMES, No. Harrison Cincinrat Ohio
collecting the Western Suites and Texas
aAsin ~ H. j. THOMAS W. RAasAr, WILLIAM II. THonAs,
fBos " JAAgs O. A. l.. WsKSAs, A. L. CHiLps and Dr. VIII
iRwIs. HeceiJns OF either will be good
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-09-04
A KNOW NOTHING PARS0N IN MISSISSIPPI.

KNOW -NUTHINE FAhoUN IN MISSISSIPPI,
At the present time Rev. Mr. Clinton, Baptist clergy
man. attempting evongeize Mississippi for the benefit
Of the know nothing order If only portion of the
ngs attributed him be true his copgregaton would be
largely the gamers pure religion and sound morality il
he wholly forook the pulpit for he stump correspond
ent Of The Memphis Appeal thus audes to speech recent
IL delivered by the reverend gentleman at Holly Springs
Mississippi
Mr. Clinton commenced by abusing the administration
in the all dsaected and disappointed demo-
oceeekers He charged the Postmaster General
with sending with secret Keys for the
purpose robbng the mail bagsa charge degrading and
faa that be spoken of only to brand it with the in
fanny the author deserves by all true American citizens
The transparent lsehoods of this INSCRIPTIONS political
parson will be properly answered and eectuay reboked
the belo-box Every speech be makes will only add
TO the numbers in the democratic ranks Let him keep
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

O. The London Sun promises to publish an
extra, with life Of the killed and wounded, the
moment it receives intelligence Of the capture Of
Sebastopol, and it solicits orders from newsmen
in advance
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

Gy A company in California have fitted out
vessel to 60 in search of $l5 100000 said to be
buried on the Cocos Island, by pirates, one of
whom, on his death bed confded the secret to his
doctor.
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

GE5r A wealthy Lawyer of New York, by the
name of Roosevelt, has sailed for st. Petersburg,
to take an active part in the war. He has been
in communication with Nicholas for two months
past, skeching plans, &C., and has been raised to
the rank of Gcneralship in the Russian army.
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

APREvENrlvE.-Manya affections, says the Prai-
RE Farmer, such as bowel complaints, cramp in
the stomach, and the like, occur in the night !;
and persons are often kept awake by an ap-
preaching diarrhea, without knowing what is
the matter till it comes on. Many of these attic
tons may be obyiated or prevented, by simply
lying upon the face, when the pain or uneasiness
occurs. The warmth of the bed, thus applied to
the seat of the difficulty, in the same manner as
heat applied in season to the seat of the cold,
viii completely dissipate it. a knowledge of tbs
above fact has been of much benefit in multi
tuic Of cases.
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

DISTRESS AMONG OrERArvEs.--The New York
Tribune, after careful enquiry into the facts,
estimates that among the recent iron works in
New York, one half have been discharged, and of
those retained the greater portion work only half
time. Two thirds of the printers are out of en-
ployment two-ihirds of the stercotypers. and
almost all the type makers. OF the bookbinders
only two hundred out of one thousand are re-
taiaed 1t is estimated that builders have not one
eighth the work now that they had last year at
this tiaNe. and that out Of 700 masons in that
city. only 1000 have work.--wagcs last year were
So per day, now they are but 81 50. Two-thirds
of the hatters and half Of the tailors are
without work, and SIX thousand sewing women do
not know where the next job will come from.
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

c. At a meeting Of the Grand Lodge of the
Masonic Order, held yesterday afternoon, Judge
Sherburne was elected Grand Master. Other Off
GERS were elected but We did not learn their
names.
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

LEAD ORE IN MIN>EsorA-A gentleman in
forms us that while out prospecting few days
since, he struck beautiful vein of Lead Orc,
which he has no doubt, will yield bountifully.-
We are under obligations to say nothing further
on the subject at present, but that lead exists in
our Territory, there need be no longer doubt.
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09
CO The members of the Legislature from PEN
bina, have not vet made their appearance.

CT Among the suspensions of the day is that
of the city of Springfield. The Springfield Re-
publican says there is not dollar in the city
treasury and we understand there cannot be any
got in, unless from charitable contributions, I'M
til after January LIST.
Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1855-01-09

TOOTH WAsH.--We on End our table bottle
of Tooth Wash, which cleans the teeth quickly
and will also swceten the breath. Call on DR..
Post, Holland Place.