The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-06

that An executive officer should be vested with power
70 stop tho whole commerce Of the country; and
that, to say the s,Is least of T. was power the
t,ous man, might lead to very disastrous consequences
But however this might be, nothing was left 10 him by
the acton OF the Supreme Court of the United States In
the current OF the decisions ced but decide conforma
bly, herewith. He therefore refused the motion.
the udee in his decision but merely the substance We
have been informed that in compliance with the sOicta
ton Of the parties interested in the case he will write out
his decision in full As this shall be done it will
probably be published.
IMPORTANT CASE.
An important case was brought up yesterday ia the
United States District Court before Judge Gayle II
based the refusal Of the Collector Of the Customs
the port Of Mobile TO grant clearance 70 the schooner
Susan, bound for Greyown, Nicaragua with Goals and
merchandise. Hon. Percy Walker, the counsel for the
complanants, opened the by calling the atten
ton OF the Court TO motion for the issue Of a
mandamus which he intended TO make, and he
desired that the Court would grant the rule n for the
set forth in the notice served Thaddeus San
ford Collector of Customs for the port of Mobile and
in the affidavit made and by the couaplainants
The notice served the Collector and the affidavit OF
the compliments we give, as follows:-
10 7hdddeus Sanford, Esq, Collector of the Customs Of
the Port Of Mobile, in the SGts Of Atatdma:-No6oe Is
hereby given TO you that on lay next the 2sh inst
shall move the District Court of the United States at
Mobile to mandsanus andng and requiring
you TO grant discharge to the schooner Susan of which,
schooner r. Brs is master for the port of Greytown
San Juan del Nore, in Nicaragua, Central America which
clearance have refused TO ISSUE alleging your
son that Instructions to that effect have been you
you think proper appear before said court the day
mentioned and object To the grant of said motion.
II. G. HUMPHREYS,
W A. SMITH,
B. f. MARSHALL,
Owners Of said sch ,oner.
BY their attorney. PERCY WALKER.
Distrit Court Of he United States Southern District of
Aldtdma-IieDry G. HUMPHREYS William A. Smith and
Benz Marshall citizens Of the United States residng in
the city of Mobile, being severay sworn according TO
law depose and say that they the sole and exclusive
OF the American registered schooner Susan
lying in the port Of Mobile That they designed employ
ing said schooner TO between the city OF Mobile and
Greytown ON San Juan del Nore in Nicaragua of the
Cent? American States for the transportation OF articles
OF trade and commerce between said points whereby they
expected to realize profit that having actually engaged
the freight given bills Of lading for ninety of
COAL hundred barrels of four hundred barrels Of
pork, twenty nine barrels OF beef OF rice
hsesheads sugar seventy barrels navy bread and
five sacks Of coffee will appear by the manifest here
unto annexed, application In due form was, the 22d
cW of December, inst, made fo' clearance of said
schooner and her cargo from the port Of Mobile 70
the port Of Greytown aforesaid, TO Thaddeus Sanford
Collector of the said port OF Mobile, duly CON-
the duties Of said puoc Office of Collector of the port
Of Mobile aforesaid; that he refused to grant clearance
10 said vessel and cargo alleging as the Of said
fusa that In doing so be was a,pg under directions from
the Executive OF the United States that he conceived that
be was bound to obey such directions, and therefore
refused to grant such clearance These deponents-
viz: Henry G. HUMPHREYS, of his own personal know.
LEDGE and Vim. A. Smith and BENZ 4. Marshall, upon in
formation and belief-tWther say that short time after
the refusal aforesaid the Collector grant said clear
ance application made by the SAID Hanphries
himself and the said Smith and Marshall the other
SAID sceooner said Collector 10 be informed by him.
whether IN refusing 70 grant said clearance to sand
schooner he 0he sand Coiec,or) proceeding under
under the provisions Of an act Of Congress Of the
United States, entitled 4" an act In addition to the
act Tor the punishment of certain crimes against the
tinted States, and TO repeal the acts therein MENTIONED
approved 10th April 1878, and commonly called the
Neutrality act, and then stated To- said Col
leotor that the owners of said schooner were
prepared and willing TO bond said schooner
harc v,rn1 fnr t,v Of oosb
april. 1918, oAeredto execute said bond where
vln the said Collector replied that he did presume
oetan said schooner under said OF 1915 but that he
merely declined TO grant clearance to said schooner
obedience 10 instructions from the executive of the United
rnder the law to obtain from said Sanford Collector
Aforesaid, the clearance so withheld and refused TO be
granted. II. C. HUMPHREYS
W. A. SMITH,
Subscribed and to before me, this Dec 2s 1857
WILLIAM BRCoEs, j. L. NJ c.
PERCY WAIVER OF counsel
After submitting the above the Court, Mr. Walker
urged that the rule nis, be granted by the Court.
A. Requier, ESQ.,, the United States District Attorney,
objected to the grant OF the rule nis and proceeded
give hG reasons for this objection, when he
rupted by the Judge who stated that being unwell he
would adjourn the court TILL this morning.
stated to be Judge Gaye's pirate opinion, though
not stated in his decision that the detention is illegal
The History OF a Philadelphia EiIibusser.
prom the Philadelphia Bulletin, Jan.
The telegraph last night made the following announce
"Adutant Bcs has been arrested here IA, Norfols
charge OF grand larceny, oomaitted at Philadelphia"
The history OF this arrest and OF the circumstances
which led TO T. 20 "a follows: Mr. Edwin r. B,es Il mem
Der u very respectaolc family in Philadelphia Ssyera
years since Mr Bes hesroe enuecod with the extensive
ory goods lOuse o. H0-kib, HleSki Co Market street
above yt street, and he upO the confidence or
bs employers TIA. he became PRINCIPAL ooosseeper and
conf entia clerk IN thr establishment Things prosreIod
with SIR Piles He became gay mau ahou, town an nc
tive member Of popular order, prominent military
man, an amateur eronsut aud FAST liver generally
Mr. Dies devoted very consider bic etteution 10 mill
taTy rsaers He FIRST JOINED crash volunteer corps; IN
Of time be eleciecicd cer q the company,
oud at military election last 81 hs was made Lieu
tenant Colonel of regiment pped Of the flower Of the
volunteer military The hIst parade AFTER the election
tok place IL June last, aId although Lieutenant Colonel
Bles was known to have procured for himself Hand
uuifcrm and other military rappngs, the regiment
compelled To parade without lis Lieutenant Colonel
Mr. Bies suddenly disappeared from the city, and tho
m b, which he w.s employed became greatly Interested
his Whereabouts, from the fact that critical cxamna
ton Of bis accounts dscoscd the fact that system Of
taEe entries had been pursued by the absent military
man, and was mode manifest that the m bad suffered
70 the tune OF $4,000 aud s ih6ght the amount
may reach SIS 600.
Digcnt inquiry was set on foot with a view 10 ascer
tanning what bad become Of Col Bites; but ali without
avail upt the news Of The capture cf General Walkers
force Pupta reached the city when the Of
Aduiant Blos appeared the published repors Of tho
prisoners captured by Commodore Pauldng Il seems
that when Mr.. es left the city he joined tho Ncarasuan
army Ut the gray eyed man Of destiny and was made
lieutenant In company and subsequently became sdju
tant Of the regiment through his knowledge Of military
matters.
Adjutans BiIes' active military suddenly cut
short BY the appearance Oh the coast Of Commodore
Psudpg and, after Walkers capture, he transferred,
with other prisoners Of N the saratoga and In that
government vessel reached Norfolk Saturday. The
hbustcr odcers suffered 70 80 ashore parole;
but the civil authority would allow for the quon
dam bookkeeper and discounted fbustcr for AdjstAnt
Bics was Immediately captured by High Constable Rus
SELL 81 this city, Who upon authority of requston
from Governor Pollock, arrested him. We presume that
ere tbs he Is speeding towards Philadelpha
Court or General Sesaions.
Before Judge Russell.
THE CITY JUDGES CHARGE TO THE GRAND JURY
INCREASE or CRIME IN THE crrY-fNTERxsrfNG
SUGGESTIONS TO THE SUNDAY PRESS Ers.
LAM a soon an the Conri xaa nnenHd ths nornna