The New York Herald Newspaper, August 25, 1842, Page 2

Naval General Court Martial on board the U.S, Ship Nerth Carolina. Wepnrsxar, Aug. 24. Tatar or Linvt. Cuas, Wirxxs, Continued. ‘The Court met pursuant to adjournment. The reading of yesterday’s minutes was dispensed with. Lieut, R. F. Pinxney recalled by the Judge Advo- By the Covar—When Lieut. Wilkes hailed the Flying Fish and ordered her to heave to, did you answer the ND. —Messrs. Barry and Geo. rris called upon us yesterday in relation to the paragraph which we copied from the London Morn- ing Chronicle, speaking of the New York Theatri- cal Fund; and those gentlemen gave us the follow- ing statement of the ayaount and condition of the theatrical fund,.which was set in motion in this city by Fanny Elssler:— Dr. Trustees in account with N July 6, 1842.—To proceeds of F atthe Park Theatre July st, as per Treasur NEW YORK HERALD. New Work, Thursday, August 25, 1842. Movements at Washington—Captain Tyler Ahead—A New Tariff. The recent movements at Washington 2 most extraordinary—the most amusing—the most laughable—the most ridiculous—the most melancho- ly, the most triumphant, that we have seen take pl ia thathot bed of sublime roguery since the struge began between Captain Joha Ty r whigs There is nothing like them yet recorded in prose and verse, unless we ¢ sages in Paradise Lost, and trace a resemblance be- tween Satan and his troops, who, after a great deal of thunder, ligntning and rain, were thrown from the precipice of Heaven and fell into the bottomless pit, there to hold caucus and devise more ware and intrigues to “head off” a higher power. Captain John Tyler has at last “headed off” the ultra whig party, including John Quincy Adams and Jona M. Botts, and hardly a rag remains to cover their nakedness, Never did such a rout take place in our day as they presented on Saturday last, when the vote was taken on the tariff, excluding the dis- After all their swearing, and violence, and folly, they are completely demolished and dis The last veto, generally called “Veto No. 4,” has done the business. A tariff bill has passed, not the best of the kind, but it will be acceptable to the President and the country, and will probably pase the Senate—pat if it does not, the Senate will have to take the terriole responsibility that will in- evitably ensue, Thiesingular result has been brought about by the firmness of the President and the cowardice of the Many of the ultra whigs voted against the new bill—and a large batch of the democrats—yet there was enough of both to swallow their oaths to To our great astonishment, we find that Messrs. Roosevelt, Wood and M’Keon, of this city, have alse joined the ultra faction that would with- hold arevenue law—bankrupt the treasury and die- For this vote they will be held responsible to their constituents at the coming elec- tion, Their conduct cannot be passed over without mark. On the contrary, we find Mr. Ferris, of this , A. Ward, of Westchester, and others, voting like men and patriots. Let them have their re- Y. Theatrical Fund. A.—I returned the customary answer, “Ay, ay, sir!” By Haminron,—Yon say when Lieut d ou to heave to, you was abreast of his mizen rigging, o leeward; how far was A.—So near that I was less than a cable’s length; a en : Q.—Was the Vincennes at that time forging ahead; if ‘A\—The Vincennes was | jer and the ultra ou off to leeward 7 uld have fouled immediately; | Wilkes hailed without July 9, 1842.—By cash paid to Mr. P. Hone, and deposited in Savings Bank. urn to some of the pas and to pay advertising, &c. &e. Cory or Taxasvnrn’s Rutoan. Pank Tusatac, July 2, 1941 Fund, July 1, 1842. $603 too, with her main top- 5a ‘her main topeail shi- vered, and then forge ahead; | do not know at thattime whether she was fos Q.—Was not the F’ New York before C ahead. ing Fish a pilot boat of the port of e was purchased by the goveri- A was—I don’t know. Q.—At what time did you put your helm alee? ‘When I was ordered by Mr. Wilkes the last time to e Jupax Apvocare read Lieut. Pinckmey’s Report to the Secretary of the Navy, dated at “Matavai Ba: 16, 1839,” being the document which the second c “Additional Charges,” chi Paid by Theetreto a oad Lieut. Wilkes with impro- 8. The Jupax Avvocare then read a letter referred to in the report, from Lieut. Pinkney to Lieut. Wilkes, dated August 98, 1839, in which he remonstrated language Lieut. Wilkes used towards him (led in the first specification of the first charge,) and requests him in fu- ture to reprimand him in private, if he considers a repri- tox.—Had the words relating to the hea- ,of the Flyin gFish, been addressed to you by vious to the date of your complaint of the 1839, to the Secretary of the Navy! you make those words ieut. Wilkes in that letter’ .—I did not pera the subject at all. not consider myselfunder obligations to report to preter charges o Q—Lieut. Knox called by the Judge Advocate and Messrs, Hone, Morris and Barry received the mon-y, $219 12}, from Md’lle. Elssler, and deposited it in the Sa- vings Bank, where it is at present. From this statement it would appear tnat there must have been some gross mistake in the account published in the Morning Chronicle, whicn we There seems to have been at least one figure too many ; the sum being a little over $200 instead of a little over $2000. that there was not more. subject of complaint 4 Tt seems surprising it at that time. I intended Exptanations Tur Great Trust Company.— Explanations are the order of the day. Governor Seward’s © tate Barber has come out with an expla- nation of the connection of the former with this magnificent bubble, and admits the loan of $200,000 —confesses that he used his office to further the speculation. This is perfectly satisfactory. A. Bar- clay, Esq. also explains—see his letters in the mo- Will John Duer explain? Will he tell the public how it came that the large capitalists in London, with whom he dined so often, have been protected, and the poor people that own stock and paid for annuities are plundered? Come forth Mas ter Respectability with your statement. Jupax Apvocars.—Btate what took place when the Fly- ing Fish came within hail of the Vincennes afterthe visit tothe Island of Disappointment, on the 26th of August A.—After our return we despatched our boat tothe Vin- cennes with several scientific reached the Vincennes Lieut. I was on deck, and Mr. Pinkney was below changing his elethes. I answered the hail and told Lieut. Pinkney that Captain Wilkes had hailed the schooner. aptain Wilkes hailed again, and he had disobeyed his writen orders; he had ordered ‘him off at sunset and it was now three quarters of an hour after. After a little time elapsed he re; words to that effect. Q.—State if Lieut. Wilkes instructed you to convey a e to Lieut. Pinkney on this subject, a day or two after; ifso, state what it was. A —I don’t know that L. with a message on that subject. Q.—Did not Lieut. Pinkney remonstrate with Lieut. Wilkes on being reprimanded in that public manner, in grace their country. tlemen. When the boat ‘ilkes hailed the schooner. came on deck and Ci again thet he had and told him not to do itgegain, or Now that the new bill is before the Senate, the question arises—‘* Will it pass that body 1” doubts are expressed in various not indulge in any doubt. whole country upon them, will the Senate dare to take the responsibility of disgracing the government and the country? John C. Calhoun, whom we look upon asone of the great master-spirits of the age, holds the new bill in the hollow of his hand. course on the British treaty was in noble contrast to that of Benton, and his highly respectable tail, who looks too often like a row of Kinderhook cabbages. Will Mr Calhoan vote against the new bill ? According to the speech which he made on its former passage in the Senate, it would appear that he is hostile to the details and principles of the bill, even excluding the distributive clause. He ought to review this ground, and calculate the change which has been made in the duties on tea itis better to take this bill as it passed the House, in order to prevent a greater evil—the ut- ter bankruptcy and disgrace of the government—and retein the chances of a thorough revision by a new Congress, composed of wiser and better materials than hard cider and coon skins. tion to Mr. Calhoun, for much in which he is inter- ested hereafter, dependson it. But whatever be the fate of the bill, John Tyler has proved himself a noble Captain—a live Captain --a man of nerve and resolution, while John M Botts and his associates, are diminished to the size of little yomping jack with which la jeune editeur amu- ses himself in his leasure hours, by pulling a string and making both armaand legs fly up and down at one pull. They can hardly be seen through a tele- narters. We cau: With the eyes of the Virtue anv Morauity.—Horace Greely, the pink of moral editors, publishes a long article from the beautiful, unfortunate, celebrated, persecuted, and scientific Madam Restell, exculpating her profes- sional conduct—with the opinion of the Court for a Horace Greely first abuses like a pick- pocket a peor woman, in order to make her walk up to the “‘Captain’s office” and pay $10 or $20 for publishing an article in defence. mail of the blackest kind—covering a heart of the blackest kind? Rockaway.—Don’t forget that there is to bea very delicious hop, without any display, at Rocka- way on Friday (to-morrow) night, and a grand ball on Saturday evening. A very fine band is engaged for the occasion, and Cranetoun is preparing to lay in a choice assortment of snipe and soft-shell crabs. If the weather be fine, there will be a predigious crowd of beauty and fashion down there. ball was a most exquisite affair. But this is not all. The sea bathing and fine air of Rockaway are un- rivalled in their several qualities. For several eve- nings past, the moonlight has been superb. The surf looked like waves of silver lashing the eandy beach as far as the eye could reach. The amuse- ments at Rockaway have breath in them. You rise in the morning at sunrise—go down to the beach— plunge into the fresh wave—have a new soul put into you—rush up to the bathing house, get yourself dry with three towels handed to you, by the immor- tal Patrick—walk back to break fast—and eat enough for a young giant. The ladies bathe from 10 to 12 o'clock at noon—a white flag flying all the time, thereby telling the other sex not to approach. At one o’clock, those who don’t bathe in the morning, take a generous dip, dive and swim among the foa- ming breakers. Then prepare for dinner. afternoon, you drive, read, lounge, sleep, flirt, or talk—in the evening dance, walk, look up to the stars, gaze around on the ocean—and at night you sleep as sound as a Turk in a warm afternoon, near the sweet waters of Stamboul. Go to Rockaway and try it. ut. Wilkes ever entrusted me ? Fie might have done se, I never saw any letter on ject to my knowledge. id you not give Lieut. Pinkney a certificate pur- tance of a message on that subject ? A—I gave Lieut. Pinkney a certificate, but 1 don’t know that it was on that subject. 1 was directed by Lieut. ilkes to tell Lieut. Pinkney he had received a letter from him, but he did not deem it of sufficient importance to reply to in writing, and that he would reprimand him when and how he pleased, and in what manner, Q—When Lieut. Wilkes ftrat hailed, didn’t you an- swer you did’nt understand him ? A.—I don’t recollect. Crosseeamined by Mr. Hamuztow through the Judge go round the Island of Disap- ‘He did not—the order was countermanded. Q.—At what time of day did Lieut. Pinkney proceed to execute the written order, and what time was order countermanded? A.—Between eleven and twelve o’clock. It was coun- termanded between two and three. Q.—Did Lieut. Wilke Is not this black Q.—Did Lieut. Pinkne: pointment as oruered by after the order was countermand- himself with five or six boats to execute the order, and did he accomplish it ? A.—Lieut. Wilkes went in his boat. Lieut. Alden, I think, went in another boat, and two other boats went Lieut. Wilkes made the circuit of the island with these boats ; but whether he executed the orders laid down for Mr. Pinkney’s guidance I don’t know. This was after he had countermanded the orders to Mr. Finkney. Q—Did Lieut. Wilkes, after he made the survey of the island, return on board his ship before sun-down ? id Lieut. Pinkney go on boani We put this ques- Ant cant tell. Q.—For what purpose the schooner about noen Q.—How near was the Vincennes when the order was iven to the Flying Fish to heave te? State particularly e relative positions of the two vessels, A.—I should think we were about a hundred yards to leeward of the Vincennes, a little abaft her main chains. too, with her main topsail to jad just passed under her lee, under her foresail, with her bonnet off, to speak her. Q.—How near was the flying jibboom of the ship to the maintopmast of the schooner when she crossed the ship’s H.—I don’t know ; I didn’t look to see. Q—Were you the officer of the deck, or on the deck of the schooner at the time ? A.—I wason deck, but I don’t know that I was particu- larly officer of the deck at the time. By Jupos Apvocats.—What time did Lieut. Pinkney receive orders to go round the island ? A.—I think it was between 10and 11 o'clock. Q.—What time did he leave theship? A.—About 12 o’clock. By Mr. Hamiitox.—Was your respect for Lieut. Pink- e message sent to you by Lieutenant Lorn Asngurron’s Departure For Boston.— Yesterday morning at six o’clock, Lord Ashburton, accompanied by Lord John Hay and several others, left town, in the steamer for New Haven on his He will return on Tuesday next. On the evening previous to his departure, a Com- mitee on behalf of the citizens of New York, waited on him, with an invitation toa Grand Public Din- He accepted it with many thanks for the no- hospitality of this great city. On Thursday next, it is now fixed, that the dinner will come off in the uperb style—tickets probably $5 each. inesday next, between the hours of 11 o’clock and 3 in the afternoon, he will hold a grand levée in the Governor’s room of the City Hall. while in Philadelphia, declined the offer of the Cor- poration, tendered to him by the Mayor, but since his arrival here, he has changed his purpose, and willacceptit for the object indicated. On that oc- e anticipate a crowd at the City Hall—for probably the whole population will go up to Gilgal a “live lord,” and the great negoci- ator of the Iast and most important treaty ever made with England. On Thursday morning, he will receive ‘private visiters and ladies at a seleet levée to beheld at the On both occasions, we presume, the British Consul of this port, James Buchanan, Esq., willbe the master of the ceremonies—the usher of the Black Rod, or some such thing, as it is called in St. James Palace. It will probably be the last office, of the kind that ever will be performed by the ven- erable representative of her Majesty in New York— for we understand that Mr. Buchanan, after a resi- noe of twenty-five years in New York, has sent his resiguation to England, and that the remainder of bis days will be spent in retirement—in the doice far wiente of his own country. 1 the Suoday following these interesting events, rd Ashburton will attend divine service in St Pauls, or some other church, then probably to offer n ranks to Heaven, a sort of a Te Deum, that «8, in his old age, been the instrument, under -ye of Providence, in securing a Jasting and an honorable peace between the mother and the daugh ter, the one the greatest nation in the old world— the other m the new world. church in New York—throughout the State—to the remotest bounds of the Republic, ought to join in these services, celebrating an event that will bea gaarantee for the peace of the world—the unim- cress of civilization, ‘and the spread of the principles of peace and justice between inde- penslent nations the early part of the following week, the War- spite, with Lord Ashburton on board, will weigh an- chor, and bid a final adieu to these shores, Laus ‘The Vincennes was lyin, the mast. The schooner way to Boston Aumost an AccipEnt.—One of the boats of our news fleet was upset below the Narrows yesterday Our men, used to every emer- gency, clung to the bottom of the boat till they were taken off by Mr. Bancker in his boat, for which our men desire us to thank him. We do so And when he is upset our Commodore shall return the favor. Cur Ur.—Bradbury & Somebody, of Boston,who publishes a ‘Law Magazine” and a “Miscellany,” are requested never to leave any of their pamphlets at this office. The superlative impudence and false- hood against us, contained in one of their miserable periodicals, deserves the severest censure. We can only characterise their hireling editor and reviewer as a contemptable creature. in a heavy squall. y ney diminished by th you mortified to bear such a message to your Q—What tr4 the average complement of men on board A—Eight men, two servants, and a cook. ‘The evidence of the witness was read over by the Judge ishipman Buunr called by the Judge Advo- cate, and sworn. Jupor Apvovate.—State to the Court the circumstances of the hail by Lieut. Wilkes to the Flyin invennes from the Island oi A.—The schooner had been sent off to 5 her return she was hailed by Capt. Wilkes, who told Mr. Pinkney he had disobeyed his orders: him off at sundown, and it warnow t an hour after, 1 don’t know which, accompanying the hail with an oath. aira Jupcr Apvocatr-—State the words. A.—He said, “God d—n you, you have disobeyed my orders; I ordered you off at sunset; it is now three quar- tera (or half an hour, I don't remember which) after; don’t ain, sir, don’t do it again.” hatjwas the manner of Lieut. Wilkes in admin. and see for once Fish, on her re- Disappointment? that he had ordered ree-quarters, or half Fast Trortine Horses.—If you see any man, in active business, fend of trotting his pair of fast horses, I would advise you to keep short accounts Turatricar, Musicat, &c.—Braham and his son are, inall probability, by this time at the Virginia Sulphur Springs, drinking the waters, improving their health, and possibly delighting the numerous visitors there by giving concerts, Mrs. Sutton and her husband, we believe, are still rusticating at Niagara Falls. Miss Sloman, the charming pianist, is creating a greatsensation by her concerts in Albany. Signor Nagel has been giving a concert at Sarato- ga, which was crowded with the beauty and fashion of the country. Charlotte Cushman is about to undertake the ma- nagement of the Walnut-street Theatre, Philadel- phia, for the next season. to be able to start a theatre of her own in this city. She would have done so this season, but some of the tenants on the premises she intended to occupy demanded a bonus of $7,000, and she thought it would be better to wait till next year and get the premises without a bonus; especially as there is every prospect of the times being better then than ‘ery excited and violent, indeed. Q,— Had not Lieut. Pinkney used every diligence to exe- cute the orders of Lieut. Wilkes? A.—I don’t know; I was on board the Vincennes. Mr. Hamutton, through the Judge Cross-eramined by art of the Vincennce were you when Lt. A —On the starboard gangway, between the main and foremast somewhere, | think, but am not particularly posi- Q—Was not the schooner on the larboard side? A.—She was just below the larboard quarter. Q.—Had you a better opportunity than Lieut. Pinkney Knox to hear the words of the hail? don’t know whether I had or not; I don’t know were situated at the time. 0 was the officer of the deck ef theship at that Next year she expects Q.—Whovwss ths officer of the deck on the day of the difficulty with the schooner, heaving to under the bows Q.—Had you any differences with Lieut. Wilkes during A.—I have had difficulties with Ca; pended me once for wearing mousti pended on another occasion for what sidered a dereliction of duty. With the exception of those occasions, I always received the kindest treatment from pt. Wilkes. He sus- Maywood with his family, Richings, Miss Ayres, &c., open strong at the Chesnut-street Theatre —Whose watch was you in on board the Vincennes at ime of the hail of the Flying Fish ? A.—I don’t know, but think The evidence ofthe witness wi was Mr. Casey's. as read over by the Judge None of the Southern Theatres are open. The Park opens next Monday night. Billy Williams, and many of the old company are engaged, it is said. Abbott has married Miss Buloid. The Chatham has re-opened with Forrest and Miss Clifton, and is crowded nightly. Niblo’s, with Chippendale at the head, is doing a Fastoxaste Movemeyts.—Lord Ashburton and Lord John Hay have gone on to Boston for a day or two, and will return here early next week. Lord Morpeth isstill with the Indians in the North Midshipman C1.anxe called by the Judge Advocate, and Juper Avroearr.—State tothe Cow ces that occurred when the Flying Fist the bows of the Vincennes, in relation to the hail made by A,—I was below when the alarm was given, and came on deck immediately. d—n «it, sir, I didn order you to heave to under my dows.” That's all I heard. Cross-examined by Mr. Hamt.rox, through the Judge The Hon. and Rev. Mr. Cavendish has been preaching at Toronto, and is now rusticating at Niagara Falls. President Tyler will probably leave Washington in the course of next week, to spend a few days at Newport, and recover from the fatigue of the last stormy nine months at Washington. Mr. Webster will be here the latter end of next week, beyond a doubt, to dine with Lord Ashbur- ton, the French Commissioners, and other distin- guished men ; after which he goes to Marshfield Yar Mohannans, the historian bishop, is preach- ing in the western part of this State. General Harlan is rusticating at Rockaway. Mr. Clay is doing the same at Ashland. Mr. Calhoun is going to dine at Shocco Springs. Mr. Van Buren is drilling his troeps for the fall likes say, “ God The Treaty with Great Britain, ‘We give on the outside of this day’s paper the re- mainder of the Treaty just concluded with Great Q.—Who was the officer of the deck ofthe Vincennes at ‘A,—I don’t recollect, Q—On what part of the ship were you standing ? ‘The starboard gan; iat by fo 74 A.—On the ferecastle. Q—Did Lieut. Wilkes address Lieut. Pinknuy through mpet A.—I don’t recollect; I think not. Q—Was there mucl! 'A.—There was great confusion; I don't know whether there was much noise or not. Q—Have you had any difficulty with Lieut. Wilkes wi the cruize? y Covnr.—What was the cause of the difficulty ith Lieut, Wilkes ? A.—On the occasion of my being ordered out of th 1 was accused of neglect of duty. A sent to tho officers, placin, watch and watch ing instruments w so stated. In addition to the Treaty, ing and able correspondenc: lish ata future day. It iso; Ist. Of the interference ties of the British West can merchant vessels or carried by violence into there is a very interest- e, which we shall pub- n the following subjects : of the Colonial authori- ndia Islands with Amert- hh noise on deck, and considerable that a sort of apology, and plea of necessity, is made r the sacredness of our neutral made—nothing is settled upon these poi the President is understood to declare in his sage accompanying the Treaty, that he does not deem it necessary to urge the consideration of thoes matters further, (cg Lord Ashbarton is having a carriage built in Philadelphia to be sent to him in England as a spe- men of the skill of our artisans, lect of duty, in neglect "ae This wes in the order afterwards satis- fied { othing to do with the instruments that had Mr. Hamivron objected to pursuing this examination further, as the Court had no right to goon and inquire the particulars ofthe difficulty, as it would lead to inter- minable controversies, and the trying of points not in the record. ‘The evidence of the witness was read over by the Judge Advocate. agd sworn. Mr. Howisow called by the Judge Ad Subae Aprocaa ese hares kao of ke specifi: hi me cation of Charge second of Additional Charges.” A.—The communication was received on the 1éth Sep- tember, 1839, or about that time, and forwarded in October 1840, from netatves Islands, Q.—Were there any es transmitted to the De- partment during this period ? A.— Yos, from Sydney once, and New Zealand twice. Q:—When were sent from Papatei ? A.—In September, 1 Ido not recollect whether it bin before or after the reception of Lieut. Pinkney’s er. ep facto a sent in at Matavai, pre- re Sartfecollece Cross-examit Mr. Has Psbosccs by Mr. Hamiron through the Judge Q—Where did the Vincennes proceed to after the 16th of September, 1839, and how long was she at sea before she reached port ? A.—She left on the 16th September, and went to the ed erester part ofthe dent shes ee Q.—Where did she next go A.—She went from there to the Samoan~islands, stop- ving.» ut not anchoring, at tome of the Coral Islands. How Vi A.—About fifteen, hae Q.—How long did she remain there ? A.—She remained among those islands about three weeks, ‘Whither did she then proceed ? A.—To Se Q.—How many days was the passage to Sydney ? Kighteen or twenty, ‘died How long did she remain at Sydney ? he remained there abeut a month, and then pro- ceeded on voyage to the Antarctic ocean. Q.—Was not Sydney the first place from which Lieut. Pinkney’s letter could A— Hen say. Q—How long was the Vincennes in going from Sydne: tothe Antaretie, and returning? ee ova A.—About seventy-five days. Q—How long did the Vincennes remain at Sydney 7] A.—About a week. Q.—Whither did she next go, and what was the length of her voyage? A.—She went to the Bay of Islands, and had about ten days passage. -—State the places to which the ship went from the Bay of Islands, and how ong, the passage was to each place until the 20th Octobe: i A.—She stayed at the islands about a week, and went from there to Torgataboo, passage or sixteen days ; she stayed there six or seven days, ahd then went to the Fegee Islands, passage three months ; she went from there to Oahu; the passage 46 days, and from thence the communication was sent. Q—At what time was it expected that you would reach Oahu to meet the store ship A.—Earlier in the summer. Q.—What was the general character of Lt. Wilkes for industry, cruelty, attendance to duty, and regard for the rights of those under his command? A.—He was very industrious indeed, his character among the officers was that he was cruel; in his attend- ance at duty he was constant, his character in regard to the rights of those under his command, was that he fre- quently infringed them Q—By Jupar Apvocate.—Refer to the logbook under date of September 23, 1839, and see if despatches were not nt to the United States from Papiatei ? A.—There were despatches sent by the ship Awashan- :—Were not di the Bay of Islands, Pinkney’s report 7 A.—There were. ~ Q.—By Hamitton.—Were not the officers who gave Lt. Wilkes a character for cruelty those with whom he had difficulties ? Ce heer tye er a , Par .—Do you know of instances of cruelty on rt of Lt, Wilkes?! i ” A—I know of instances when I think he has outraged the feelings of officers. Q.—By Jupar Apvocarz—Do you know of any acts of cruelty of It. Wilkes towards his crew? A.—None other than the infliction of punishment be- yond twelve lashes. Q.—Were those acts habitual or frequent? A—They were fn par oy ‘ourt—Will you state those instances of out- e .—I cannot ow recollect particular instances. Q—By Mr. Hamittox—Have you not heard the charac- ter you have spoken of principally since this Conrt has been in session ? A,—No sir. The evidence was read over to the witness by the Judge Advocate, Dr. Pater, called by the Judge Advocate and sworn. Jupcr Apvocats—State to the Court whether or not that you represented to Lt. Hudson that Lt. Pinkney’s health was ee from confinement. A.—I represented that Lt. Pinkney’s health was suffer- ing from confinement at the Fejee Islands, and I believe did so afterwards at the Sandwich Islands, I remember it more particularly at the Fejee Islands. Lt. Atpen recalled by the Judge Advocate. Juper Avvocare.—State what you know of the fourth chi La charges,” entitled “ Cruelty and op- pression.’ A—I know that those marines were confined in the fort ; that they were punished two or three times for refu- sing todo duty. I believe that is all I know about the spe- cification. Do you know that the term of their enlistment expired? »—I do not. Q—What was Lt. Wilkes’ “ general character for cru- elty and [npertan to those under his command, and at- tention to his duty and industry 7 A.—I do not consider him cruel. I may think he was cruel and oppressive in some instances, but not generally. His character for attention to duty was very good. I never saw @ man more industrious, Crossezamined by Mr. Hasttrrox, through the Judge Advocate. Q.—Have you ever heard Lt. Wilkes’ general character for oppression spoken of? if yea, namethe individuals you have heard speak unfavorably of his character. A.—I have frequently heard him so spoken of. If 1 was to mention names, 1 might, perhaps, include half the offi- cers of the Expedition. I have heard Lt. Pinkney, I thin! Dr.Guillou, and Dr. Gilchrist, but they may never ha said he was oppressive ; but I'think they have. Ido not remember any others. wer? these the only ones that have ever so spoken of im A.—I do not remember, . Q.—If you have never heard either of those persons so speak ofhim, from what dé you form your o| that his general character for oppression is bed ? ‘A.—I did not give you the opinion ofothers ; I gave you my own. Sted EEE not had difficulty with Lt. Wilkes? A.—Frequently. The evidence of the witness was read over by the Judge Advocate. Passed Midshipman Couvoconsssrs called by the Judge Advocate and sworn, Jopce Apvocate.—State what you know of the fourth charge‘ (“ Additional charges. ”) A.—Shortly after I arrived in the Peacock at Honolulu, I was ordered to the Vincennes. A few days after these orders were received, one of the quarter masters told me Mr. Carr wanted to see me on deck. I went up, and he told me he wanted me to take the three marines, Smith, Babb and Pensel to the fort and confine them. He added that the Governor resided in the fort, and when | there I wasto go to hisoffice and state to him what fede ee, ‘were brought there for, and were to say that they were sent there by Captain Wilkes. I asked him what the confinement was to be? Whether they were merely to be kept within the walls of the fort, or put in irons and confined in one of the cells. He said he intend- ed to have told me they were to be confined in irons. Be- fore leaving the hip to go to the fort with the prisoners, he added, tell the Governor, too, if they are troublesome, he is te give them nothing but bread and water to live on. When £,° the fort, I was informed that the Governor was out in the country, and the fort was in charge of one of the officers of the army. I went to this officer, stated tohim thot [had a message from Captain Wilkes to the Governor, and told him what it was. He said he would attend to it, and did so. After seeing the prisoners in irons I went on board. Idid not have any thing more to do with the prisoners until the day before the ship was to sail for one of the neighboring islands, when I went and rebeased them, and took them on board the Vin- cennes, They were then, I think, confined in the “brig.” Ina day or two after the Vincennes left Honolulu they were brought to the gangway and punished with the cat, receiving, I think, a dozea, though not till they had been asked if they were willing to return to duty? and their re- ply was “no !”—and after, also, the Sergeant had said that the time they had enlisted for was not a specified time, but they had enlisted for the cruise. The name of the Ser- geant was Stearns. The prisoners were brought up ogain afew daye after, and still refusing to go on duty, were punished with another dozen; whether or no they were punished after that again, I do not now remember, but [ recollect they were brought to the gangway and said they were willing to return to duty, an orders were given to release them. That isall I know about it. Q.—What sort of a place was this port where they were confined ? A.—It was well sheltered, had a door and window—I do not know but there were two windows ; there was plenty of air; it was noteo clean as it might have been, but they hada platform to lie on. The accused declined cross-examining this witness and his testimony was read over by the Judge Advocate. wee man Sanprorn, called by the Judge Advocate and sw Juvor Apvocate—State whether you took charge of Dinsman, the marine, at Honolulu, and the circumstan- ces. A.—I was ordered by the officer of the deck to take charge of Dinsman, aad deliver him over to the Governor eee or, asa ae I trecispendvee — from Capt. Wilkes to request the Governor to keep him separat from the other prisoners, and not to allow him to ha ag hg er with them. These orders were obeyed. Mr. Hamitroy declined crose-examining the witness, and the Judge Advocate read over his testimony. The Jupar Apvocatr said he expected to receive some articles of enlistment from Washington this Ce gtr well as the arrival of the Adjutant and Inspector of Ma- rines, which would furnish evidence of the terms on which these men enlisted. Puiir Bann called by the Judge Advocate and sworn. Jonar Avvocate.— rate you enlisted as a ma- ries an | for what length of ‘time ? Tenlisted on the 16th ot November, 1836, for four years. Mr. Hamrttow objected to this testimony being received, ‘as the terms of the enlistment was a written contract which must be produced. The Judge Advocate assented to the jection. onjeper Apvocars.—State to the Court whether you re- enlisted after your enlistment of 16th November, 1939. sent 7 atches also sent from Sydney and Lt. Wilkes had received Lieut. ha A—No sir, Q.—Did you ever sign written contract yt igrm ofvervice yond the original enlistment ? Cross-ezamined by Mr. Hamu-row through the Jude Ad- vocate. Q.—Did you not, on enlisting, receive thirty dollars as a bounty ? A.—No sir. Treceived twenty-one dollars as a present while | was in the service. Q—Were you aware thatan Act of Congress existed empowering captains of vessels to retain in the service, sort, Doreons es they think the publio service requires af tap thats Sipe has expired when in foreign. 1 Q—Who did you receive the present of twenty: waiiom ho did you ve the of tw one dol- —I received fourteen dollars in money te in alopa rom Purser Spweden tbe nitage —Was Purser 8) rsers 7 pioring Bxpeiton Po one of the pu: of the Ex: By ths Coons Wh were 'y the Covrt.—When you were disch: hl sbawet extra pay for your services from ist Novem et > A.—No sir, | only received seven dollars per month. By Mr. Himu.rox.—What relation was there between Purser Speeden and yourself that induced him to make you a present of fourteen dollars and seven dollars wertd of slops ? FT Lieut. Downing said the sailors were all to receive twos ae dollars as a present, and there should not be y distinction made between them and the marines; that is bE 0 wa I got it. ? = -—Di who would not accept the sent go back to the marine barracks ? re -4.—Yes, and some went back who received the pre- sent. The evidence of the witness was read over and the Court adjourned till Thursday ten o’clock, A. M. Batt. anp Somge on BoarD THE Warsprte.—On Tuesday evening Lord John Hay and the officers of the Warspite, gave a splendid ball, soiree, supper, woodcock and champagne, en board that beautiful vessel.” This féte prevented the attendance of his Lordship at James G. King’s dinner party at Highwood. The Warspite was very splendidly decorated—and the music of the band gave additional animation to the gayand gallant officers. Several of the officers of the Gomer were present, and a large party of jbeau- ty and fashion from the city. Lord John did the honors of the frigate with great simplicity and grace, and allthe company departed with a high idea of the politeness of his officers and asso- ciates. City Intelligence. Tue Reeatta at THe Exystan Frevps.—The weather yesterday afternoon was unfavorable, notwithstanding a large assemblage was present in the vicinity of the Ely- sian Fields, at Hobeken, to witness the regatta, and the river was covered with boats of all sizes and descriptions, filled with spectators. The first race for scull boats, five miles, for a purse of $25, came off about 5 o’clock, and the following boats started:—The Hookemsnivey, rewed by Cornelius Britton and George Anderson, of Communipaw, the Josephine, rowed by Hubbard and Ward; the Crane, byithe Peekskill Brothers, andthe Shepherdess. A few yards from the etarting point, the Crane stopped short, one of her oarsmen having broken the foot brace, and ‘withdrew from the contest. The boats were rowed round astake boat placed about two miles up the river, against a strong breeze and ebb tide, and the prize was won by the Hookemsnivey in 26 minutes, the Josephine coming in second best about 100 yards in the rear, andthe Shep- herdess beat far away. The second race, four-oared boats, for a prize of $50, with $6 entrance to be added to the prize, was contended for by the Thomas Jefferson, rowed by Anthony and John Ludlow, and Ten Eyck and Miller, and the Fashion, rowed by Isaac Seaman, John McDaniel, Abraham Post, and Leonard Johnson. They started about six o’clock, the Jefferson being the favorite from the fact that she was never beat, and had one three prizes before. She took the lead about half a length at the start, and kept it, winning the prize only by about four lengths. This ‘was a beautiful and exciting race the whole distance. The First Effort and John C. Stevens were withdrawn previ- ous to starting. If Mr. McCarty wishes to get up a race that will create excitement and draw thousands towitness it, let a stake-boat be anchored a few hundred yards from shore, and another about the centre of the stream, directly opposite the Fields, and make the race to turn koth boats until the distance of five miles is accomplished. This will keep them continually in sight of the spectators, and an interest.will be created and kept up, that will be almost equal to a well-contested race on a four-mile course. Let him try it. Sometui~a Strance.—We understand that Joseph Murphy, alias Sanderson, and George Griffith alias Dump- sey Diddledum, who were recently arrested in Boston by officers James L. Smith of this city, and officer Voorhees of Brooklyn, on suspicion of picking the pocket of the porter of the Long Island Bank, of the large sum ef money, escaped conviction through the affidavits of persons con- nected with the New-York police. They were previously sent to this city to enter security on charges alleged against them, and then returned to Boston to be tried on an alleged charge of robbing the son of the president of the Marblehead Bank, on which charge they were ac- quitted as above stated.’ We shall look into this affair and see how these men escaped conviction. Artemrrt to Kitt.—A mannamed Joseph Crawford was committed to prison yesterday,for beating and stab- bing John Curtis, one of the handa of the boat Tho- mas H. Smith, ina very serious manner. e of the stabs was given in the back, and is considered dangerous. ‘Tue Gsaman Jews.—Mesers A. G. & T. 8. Crane, ap- at the police yesterday and stated that the three man Jews named Abraham and Jabob Guntz, and Mortz Silver, who were arrested on Tuesday, for stealing lace, came into the store on Monday and selected a bill of fancy goods, valued at 947,50, and left the store, stating that they would call back in a few moments and settle the amount and take the goods. They did not return, and in itting away the mercandise at night, it was ascertained That two pieces of lace were missing. They were accord- ingly arrested again yesterday, having been admitted to ball ‘on the first charge, and committed to prison. Other persons who have lost property in this manner had better make their complaints at the office. Aut Riout.—The black woman, Statira Golding, who was arrested some few days since, on a charge of nealing a large sum of money, was taken before Recorder Tali madge Pease § morning, on a writ of habeas corpus, ‘but on hearing the circumstances he refused to admit her to bail, and she was returned to prison. This is all right, and if all our nee Shellid the same discretion rogucs — deserve pi it will not escape the meshes of e law. Sartons on a Spnex.—Three sailors mamed James Fair- banks, Thomas Joyee and John Horton, were arrested esterday by officer Joseph, for stealing $40 worth of clo- thing from L. Fillowel, of 36 Water street, and pawning them to raise money’ for a frolic. mitted. Oxp Crotue Matrens.—James Bryant and Daniel Rice were arrested Peo) on suspicion of stealing some clothing trom Charles Howett, which was alledged to have been found in their jon. Insuttine Femates.—A rowdy jnamed Michael Cates- by, wasarrested on Tuesday night, by watchman Win. ’ Black, for insulting females in the street. Tue Burnt District of tHe SixtH.—Alderman Jones has commenced the foundations of a block of fine stores and dwellings on Pearl strect, below Elm, twenty fect front, and five stories high, and four on Elm street of the same dimensions. This will form a great improvement in the appearance of that portion of the street, and covers nearly all the front of the district destroyed by fire in that ward last spring.” Fvortive Cavone i Pacapecrsta.—William Porter, alias John Randolph, acolored sailor, a fugitive from justice from this State, was arrested by officer Russell in Philadelphia, on Monday night, and brought before Mayor Scott, on Tuesday morning. The prisoner was convicted in this city about two years ago, of mutiny, and stabbing the captain of the ship William, of Boston. tenced to five years imprisonment in Sing Sing, but pre- vious to his removal from the City Prison, he contrived to effect his escape. He was committed for a farther hearing to await ition from the Governor of this Prorenty Recovenen.—Officers Stokely and Clark of the Lower Police have succeeded, within the ae few days, in recovering all the property stolen frem the house of Mrs. Lawrence, 40 Greene street, on the 12th of ho last ‘The thief was caught last week, and } e silver spoons, jewellery, , not recovered when’ the mouéy was found, haave all been fica, “oficer Stokely, with ofter ex as, in offizers. er iy, wi * the space ofthree weeks, restored $3000 worth of stolen property to the owners, end arrested the thieves in eac| case, Mexico anp Texas.—The schooner He: athienved at New Orleans on the 13th inst., in eight days from on. Crescent City learns from a gentleman who came nger in the H., that news been received at Galvesten of the movement of 4,000 Mexicans, under General Reis, towards the borders of Texas. Commissions ha been issued to raise citizen soldiers for the purpose of protecting the borders against the inroads of the Mexicans. Two Mexicans had been taken prison- ers on the borders, who stated that the Mexicans were preparing for another invasion, and that the orders from Santa Anna were ‘‘to take no prisoners.” This information, says the Crescent, though not offi- cial, comes through sources which may be depended upon. The U. 8. brig Dolphin arrived at Galveston on the, 2d inst. from Mexico. We yesterday gave the Mexi account of the affair at Lepautellan. The following is the Texian account of the same aflair:— “The Texans numbered two hundred men, not one of whom received a scratch. The flying horse- men carried off their di rendering it impossible to tell the number who tasted the fruits of the ‘Kain- tuck” rifles, When they entered our old camp, the chivalrous warriors found one of our old standards, which they took with them; and no doubt it wil be sent to Santa Anna with a brilliant account of their victory im taking possession of a deserted camp.” ‘They were com: ‘Washington, — (Correspondence of the Herald.) Wasuinaton, Tuesday, 3 P.M ‘oceedings—Th« Congressional Pr. How It was Passed—Its Effects, The Finance Committee of the Senate are to re port the Tariff Bill to-morrow. Some apprehen- siens are entertained of its defeat, but since the skulking and shrinking in the House yesterday, it ishardly to be supposed that Mr. Clay’s friends in in the Senate will stand firm. The bill will pass and become a law, and the manufacturers will find it the most fatal present ever yet tendered to them. The dutieson many articles are much too higi: to be permanent, and stability is a primary object with them. These high duties willstimulate competition, and while the government gets ne revenue, the pre- sent manufacturers will derive no permanent ad- Since the passage of the bill yesterday, all interest in the business of Congress has ceased for the pre- sent, and politicians are computing the advantages which their favorite candidates for the Presideicy are likely to derive from the re-establishment of the restrictive system—the abandonment of distribution, and the gr@at breach in the whig party. The conse- quences of the movement will be manifold, both immediate and remote. friends have been driven from their ground by the manufacturers of the north. He is prostrated by ihe telinquishment of his favorite echeme of distribution , and has nothing to rally upon but the obsolete and exploded question of a bank. much insolence towards the President—after avow- ing their determination to resist his alleged encroach- ments under all circumstances and at all hazards, and declaring that nothing should be done with their consent, after charging the executive with dic- tating the amount of revenue which should be raised, and the mode of raising ha’ yielded their ground, thus sdmitiing th Clay’s devoted His friends, after President to be without foun unhorsed, his policy abandoned, and hi disper This is one o! diate consequences ot the passage of the tarifl bil, circumstances. ‘ e its eflect on Mr. Van Buren ? tariff entirely protective in its character, framed with mo reference whatever to revenue, ties ranging from thirty to one hundre roducing certainly not one e expenses of the government, the House by ‘an Buren’s close and per cent, capable money enough for has been carried thro friends, acting . Withoutthe aid of the Var Euren pny icy. ithout the aid of the Van Buren in Con. » the Tariff could not have been pada, with the Whigs which alone sav- he representative from Mr. Van ren’s own district, but four weeks since a strong anti-tariff man, yoted for the bill, and his namesake and relative from the adjoining dist very sensible speech against it, Mr. Van Buren, then, must bear in part, the responsibility if. He too, like Mr. Clay, will be unhorsed, ana under the renewed suspicion of his protective notions, will be trodden under foot by ff democracy of the country. ‘Let i m Mr. Van Buren that this bill was is Concurrence, and can never support him Four-fifths of that are hostile to: protection. Inthe South, no crat is in favor of restriction, mote chance for Mr. Buchanan’s age! the democracy n has not the re- in this business will prove friends, with his advice, ly, co-operated in the movement, and the South will cast him off forever. However, this is ofsmall consequence, for Mr. Bi uchanan’s rity’ is restricted to Pe: de not univereet i ivania, and it is not universal even with the democratic party of that State. ‘We come now to Mr. As between the whigs an has obtained a complete triumph. all their swaggering threats, the: they have given up distribution, ground which.they had assumed with so muc i pa- om. _ They have consented te se- ver the tariff and distribution, two things which have over and over again declared tobe indissoh connected. They have been forced by take a course, which, if sponta- ed, would have reflect- hich, under the cir- rand Mr. Calhoun. ° a the latter bsurd gascoi ‘and abandoned the tion and menace to neously and voluntarily ed no disgrace upon them, cumstances,brands them with craven timidity. They have threatened Mr. Tyler with impeachment and indignity of every sort, and given way to him at underthe threat of injury to Mr. Clay, will abstain from all violent and bullying demonstrations here- after. As the western phrase is, they have run the ‘o the ground already. ‘alhoun and his friends have been steady and consistent in their oppesition to the bill ina 1 He, therefore, can lose nothing, let the ‘The Senate is engaged on the bill to regulate the of testimony in cases of contest which passed the house a week or two since. a monstrous bill, and will be resisted with mach The House is on a bill to establish seven hundred new post routes. je session is expected to run through the week. All is quiet in these provinces. Papineau has been elected for Ottawa, by 100 ma- The riots on the Beauharnois canal have ceased. There is great distress among the Scotch emi- rants, but it has been greatly exaggerated. The Quebec papers express great dissatisfaction at the Treaty, and at the giving up part of the Ma- dawaska settlement to Great Bntain. There is a good account of the crops all ever Up- per and Lower Canada; though in some places the wheat has suffered corsiderably from rust. The Hon. and Rev. Augustus Cavendish, on his tour, preached in the Cothedral at Toronto last Sun- day. He goes to the Falls next. Capt. Sutton’s bay horse Bayard, won the Mon- Sir Charles Bagot and lady are in fine health. [Correspondence of the Herald.} 3 Quesec, Aug. 20, 1842. The Mountaineer arrived yesterday at Grosre any of whom are in a shortness of provisions. charged very ey Were com- Isle, with 505 passenge' sad destitute state from n They complain of the master havin; exhorbitant prices for every article e pelled to purchase from him. They buried thirty on the yoyage,most of whom were old people or young ‘There is at present considerable activity in shi i loads, previous to the day ro which loads are prohibited; but few sales were ef- iy of oe or ae ene who are compelled to dispose of their goods, can et_no more than £8 5s. to £8 7s. ed” for spruce white and red pine deals, £11 5s. to £11 15s. jers ask £8 for the former, and £12 for the latter; white pine has been a iti 8d. and red for 64d., hold quantities of al ping deals for deck fected, either id in small quan- He was sen- |, ted to be ready, if that may lead us to expect a large hasbeen a little trouble in the provisior ices do not go down, as indeed, it le they can; though ashes still find ket, and may be quoted, pots 26s., pearls 27s. Sag omer OCLAIM IT—Let the ITS OWN WORKS following speak for itself “ Messrs. Saxps—Gentl which money cannot acknowledgement of the (to me) jinvaluable nm market, but is hardly possi- @ worse mar- New York, August 16, 1842. lemen: Owing to you'a debt am induced to make a public efit iNirs derived from your icted with aterrible erofulous tary in our family, which commenced on my neck, {and, continuing to spread, soon reached my ears, rumning into my head, and extended all over my face, neck nrms, and lower extremities. I became . At times my distress was continuous sore, from supposing I had the disease, and Twas business. Notwit and tried difterent plans of treatment, the disease contin- in despair. Fortunate- ‘a lady on board a rail- le travelling for my health, who informed ma oe oe aie te one seer Ga mt ‘Sarsapari was speedily ured the article and commenc- fer having used less than six Jo to attend to my business. I w worse, until I ly fem, I chanced to fal ed using it, and now, been well and " Pa ou statement, as on act of » only duce the afflicted to make oo atta right Satine, thereby save themselves much suffering :peni to learn further particulars concerning e will find me at No. 207 Greenwich-strect, where to communicate anything in relation to the above. Tam, with gratitude, yours, olesale and retail, and fe " reet. Bold also hy A Band D Sand: ner Gold, and 77 East Brosdway, corner Market: Trice $1 ke. AMOS DENMAN.