New-York daily tribune., 1858-07-08

'Or Al frDoti'e. !" Co.. ,,
tine yarisaoou. mus; b. nesst Ws@t received -
st,fI, ipts.d BY n. G-uef. Grs.ranpt te, ,arouSh
/ IL iss,-i.tinn or J adisi''- D oe,.s,see.,
.tiD aeHvers ike ~.ier Sh. cSn.scte4 sai
cn la :sd 10 contracts claims and service. pasy adas
and bins and d. sPerinns % and
ssier Jueee HoSsn-oa in i1si deo sa respect. saip
tud tbs, the praotce Of f1Iuer tues doth aiy lie
A'alisy ,ss c.fniAres ~, ~, 80 - s. .ssr.n ed
toa hs, such Prsctioo been s.o~ 80 ,
he J1s- ,as. 1t pIoP;T no-e's' % oSs 20 zoe i, that
ci'oa n Asiust yr''e 70 .noT cap-ntsr ou to.
seen cI..si ~ =. % .S O as s;';. shers tSs
built Tsu. ar sowese Ia judicial history no case 0 tAe
Ts icann very expiely deerulues ths crntrsct In
pcrt Of cue Of the tuied State. % eau,uot ,e'e N
ier rTu se T, - H. Of ;ae abor or sappie which
- ~ =. 80 ~ $50 or,t Tb.. he d,b or roptrst
O.. make ,iuy ard nsi;ine la i 81 n vita
he meaning Of Ii. Coos tl Of toe Ua.ed Stse
and il usy Be ny vsy coEuilsble In those tribunals Is
ony - BY force Of State legislation imposing the deot e1
eject bl. lie Judgment emPhatcaly aecs
as' DC n';srce Of such proedns' blch ppsf 20 nave o
CURED Of the inferior Natens Courts Las oseS ssa'eeS
had nsvcr supposed the ,diction Of the Uad States D
m Courts thi. Of liens impaired oy sac ess
ho.o could IN derive juA sl on
strained BY nirsu, aii son of tne Supreme Court
shoud not be any way inohned to ainhn's c
foundation Of right AMI remedy IN stmsy any e1seea 0y
COr.derr the decision last refrrred to ~h!s~. fom
scicn being Of Ainr,y sd M,ttne jurisdiction
ee' III wholly useless srd licis 70 inquire tns
~ North tAcns evidence In this cause - app
cable in It's provisions the sd deb' Ia suit or n
labor by furnished schooner
in Moth Csona be understood be the work of DuieT.
ntn the Court clsiu Of Ms,itiue character
The decision the supreme Court upon lesl question
within jurisdiction for the vernmeut Of all Inferior
udicsoes the practical meaning and oTce o the Proposition -
determined and is no part Of the function 9 sloOrdnae
sdudge inquire whether such discrimination
coapcrts subvts antesdent Judgments OF ths same
upon similar questions The last decision p'aeueauy
tSheT cf las. passed upon BY the sapSe@i
relation implied liens in fsvor OF mseria men
sbore against American vessels In Auerca pr. demaaaeu
tie direct and broad snswer TO the Inquiry we het tnee ~
vue Of the maritime law bot the piin sanoun ed
by the Cut 10 those render quite papsbe that 'ccsy
her advance remains 10 be- made In order 10 sofose ths
remedy absolutely and Teinsete and restrict tbs admiralty pow
70 he rule Of the common law q that simni,eed under
the English luprutence the time Of tho adoption OF the
.my province accept and pursue the law declld BY
the Supreme Court and in opinion the rule by
that tribunal in those determines that the claim pat rsh
in h. seton either tor bntng or constructing or oathsns OF
y rtuder this yes5e worthy aad TT tor navigation a. sea
within the jurisdiction OF the Court and accordingly hs
ADe must be dismissed with costs
The amount beas sucieut suthorzs appeal
Of the 10 the Court OF last resort, put the decision spe
involved being point hsh pra,c'be moment % the
mercantile manulscIurrs snd 'hPpns OF me
ing against the sdeadty OF tue s "a. Sa Rsg % and
T r we So ~ ~ 80. set Be.rs had iltrposed no
l,sal irpednent to the suit
Decgoe sccor1iusy.
SUPREME coURT-srEor,L TEEN-Juiy Before. Judge
hGRAHAh.
LIABILITY OF FOREIGN CORPORATIONS TO TAXATION
In the matter Of he the Cmmlssio of Taxes in
relation to tue British Commercial File Insurance. company
The Insurance Company, in this case, objected 10
the assessment Of the Tax Commissioners on tho
ground that they foreign corporation, and tnat
part of their property assessed in the stock OF the
United States which, it WAS contsnded. was not ia0e
TO taxation Judge Ingrshsm ruled tde same as Judge
Sutherland IN the case OF the va
liable TO taxation on the moneys deposlted with me
Oontroor, under the act OF lSoj Ia consequences oi
the provisions of the aot of 1870. Although that
construction Of the act of 1855 was not free from
difficulty uniformity that question, as applicable
to the tax lists, rendered it proper to follow that
decision So far as the taxation OF the United
Sates stock was concerned the law was sttled IN the
care OF Newton ct al. agt The City OF Charleston
and there difference In the principle whether
the law imposed the tax on the United StNes STOCK
go n0DiRe or on all stock as to cover tAa STOCK
The ground of the decision in the above quoted
was, that taxation Of United Ststes stock by the
States would impede and obstruct the Government 10
the exercise Of its powers and was, consequently re-
pugnant to the Constitution.
80 much Of the assessment in the case a. imposed
tax on tho stock held by the Company, which was is
sued by the United States, and wnlch amounts to
$50 CO., was Illegal and must be deducted. ln other
respects the assessment is confirmed
Isaac Il. Culver egt. Cyrus Cummings. Motion
granted On payment of ol inquest aud motion.
Sebastian ShIoederbeck sgt. John w. Warth.-
plaintiff and writ d inquiry 70 issue to assess the
WIN L. wilmerding ct sl. sgt Wm Rowe jr, ct
Jane T. Campbell at. Geo. r. HszewelL-Motisn
denied defendants costa to abide event
sUPERIoR COURT-sSEer.L Trss-JrtY 7.-Beforc Judge
HOtFN.S.-DsCIsoSs
Samuel Sewers ct al. agt. The Commercial Mutual
Insurance Company Case settled
Wslter ID. Stewart ct al. agt Geo. H. GTanniss
Motion denied without costs
Geo. Anderson sgt. John Lsyins ct ai.-Dsciee set
~ Before JVpcy woopsuFr.
Eliza Hall agt. Gee. Ii. merll.EMoton granted,
but with leave defendant to smeud h soswcr within ten
Gays; costa SO, 20 abide event.
COURT OF COMMON PLEAs-spEciAL TsRx-July D.
Before JUDGE anros
Ready szt- Carr q CaIsn. -
Motion for Leave to make ard serve case or bill CT
,5.s .sa r aDsu "ss ssr the co.. a Of % pu
and .o this motion be paid within two day
.A-tes theupos justify within 40 days sior 'heJ are ex
cepied thereto
sURROGATE'S COURT-JULY before EDWARD C. WEsr
in the matter Of VIII Of Esther Edsar deceased
In this case two clauses of the will we're erased.
The ssny 'isa seSs tie ,,s ,sgs. I hand. Of M
DAVID Cowdrey, the attorney Of deceeo unI tle ,lhs,
..hsd 81 @ Tnsn 4Is-a S Deee.d took r. .nd
her deah l. w.s Sued locked in small trunk seAsd In
envelope hsn opned the ersares were discovered
TIE srocste decided Tho clauses stricken OF old not later
fe,e with the structure of will aud that the matters erei
were uumpo,ant hs, as ~ss eViden. the te
tax intended 10 erase the the duty Of the Court
admit the viii o probate sad 70 cave recorded without tho
~ clauses 10 question.
son, for ccutestsnt.
IL the sitter Of tho Win o, Mary H. m.vsr. decessed.
The testatrx gave her whole e.tste 10 religious ard
charitable iastutcns The viii contested by The heir. a.,
ground ineou etsDcy Of deceased Consderass
testimony taken in the case AID oss the surros-. az
ued ts will probate holding ha. the tesax possessed
tes.smeEtsy capacity. o., u n