The New York Herald Newspaper, November 18, 1842, Page 6

NEW YORK HERALD. New York, Friday, November 18, 184 Herald + aiternoon at 9 o'clock, containing Extra Even | the singular events that may take ¢ Weekly Herald— America=jTen Splendid Number of Ruins of Central Eng Superb ravings. o-morrow we shall publish inthe “ Weekly Herald,” a full account of the splendid work about to be publish ed by the La ys Ruins of Central America,” Ulustrated by eight superb engravings, selected from the work by ourselves, and reduced for the “ New York Herald’ from Mr, Norman’s beautiful drawings. They are as follows 1. The Ruins ot Uxmal, seen by moonlight. i. The Temple in the Ruins of Chi Chen LL. Front of the House of the Caciques, in the Chi: Chen rnins. IV. The Zayi Ruins. V. Plan of the Ruins of Uxmal. V1. Pian ofthe Ruios of Chi-Chen, Vil. A Roadside Sketch, Vill. Au Indian Hut, We published six of the above engravings yesterday, and sent them to England ; we republish them to-day on our first page, and to-morrow we shall add two more gravings, and more copious extracts. Agents and new boys, send in your orders. In addition to this, the “ Weekly Herald” will contain all the closing scenes of the Miller Camp Meeting, with two accurate engravings of the inside and outside of the great Tent. Also, a full account of the execution of Colt. The Spirit of the Age- Rise of Infidel Phi- Josophy—Decay of Christian Kevelation —A new Crisis in Haman Affairs at hand, A new and wondertul crisis in human affairs is at hand. Society is assuredly on the brink of a re- volution, more mighty than that of Germany set on foot by Luther—more comprehensive than that of England in the time ot Charles 1_—more ener- getic, cautious and successful than thatof France inthe era of Louis XVI. In Europe, this new re- volution in morals, politics, religion and philosophy, proceeds with ‘‘cautious step and slow”—in this free, energetic, plenteous, origiaal-thinking land, it assu/nes the port and aspect of an element of re- spectable society, and the progress of civilization. The spirit and intelligence of the age are imbued with infidel philosophy. Christianity, through all her churches and sects, 1s in danger of utter demo lition. The pulpit is getting dull and monotonous- the lecturer’s rostram draws all the intelligence, and beauty, and fashion, and wealth of the age around its cold trappings, Within the last few years, Lyceums, Soeieties, and Associations have been established in all our principal cities, and especially in New York, for the promulgation of the new philosophy, through the medium of lectures and orations.— In this city, we have four or five of these associa- tions inthe field of exertion as follows:—Ist. The Mercantile Library Association—2nd. The New York Lyceum—3rd. The Mechanics’ Institute—4th, The Fourier Association—5th. The Rutgers Insti- tute; besides several others whose names we forget. These associations are got up by the young and ar- dent spirits of the day—patronized by the wealthy and fashionable—and are now engaged in giving courses of lectures on every subject of philosophy and morals, the bearing and impress of which leads, under the garb of philosophy and respectability, to infidelity in religion, dishonesty in morals—and the utter subversion of the present moral institutions of society. Even the mest respectaole and wealthy churches and congregations give their aid and coun- tenance to these new intellectual movements,which Jead toa total sabversion of all Christianity—all mo- rals—and all revelation. Religion seems to be left entirely to the defence of weakness and ignorance —fanaticism and hypocrisy—for what can the poor old man Miller do, or even Dr. Brownlee, or any other intolerant man, to stem the great tide that is urged with all the highest learaing, the greatest wealth and loftiest station in society? We do not certainly exaggerate—but if it is thought we do, we only ask for a perusal of the fol- lowing remarkable article which we find in the “Tribune” of yesterday:— Dr, Smith’s Geological Lecture. Mn. Epiter :— Will you permit me, on behalfof aclass of your read ers, table both in point of numbers and mtelligence, to offer a few strictures on the vyauc al Lecture of Dr. J. Augustine Smith, as reported in last Saturday’s Tri- bune? In this age, so distinguished for its professions of transcendental faith, the charge of infidelity may sound harsh. Indeed we have been lately taught th th ng no longer exists—that those who are honest enough to avow the name, are evidently mistaken as to the stste of theirown minds, and that this mistake has arisen from taking thi ndard of faith, instead o: that aspirauon afer the infini ich at the present day soars so high, dispensing not only with creeds and articles, but also with the aid of the holy Scriptures themselves. Hence Spimoza an! Abner Kneeland, Voltaire and Christians without knowing it; and hence that sw dunce of faith in every thing but the plain declarations of the Bible, which we find manifesting itself in every quarter around us. But to return to Dr. Smith; there are some things in his lecture,as ted, to which, in amore honest age,the charge of infidelity would have been freely applied, aad frankly admitted. ‘To this, however offen- sive, we could have made no objection, had the euthor seen fitte express his sentiments in some independent dis- cussion, like the worthies above mentioned, who, what- ever else might be sa d of them, affected po disguise as to their real opiaions. They did not assume an air of bland and patronising condescension toward the Bible, while seeking to undermine the very founda ions of all belief in Revelation. Dr. Smith might have pursued the same bold and independent course, bat he has chosen a differeat mode, and this is the grievance which forms the barden of our comp aint. A lecture before a public Lyceum,§pa- tronised by a Christian community, has been made the oc- casion of a direct attack upon all proper faith, in the inapi- ration of the Bible. The Lecturer has thus also found ace+ssto the pudlic through the daily press, in the dis. charge of its ordinary duties as reporter of the proceedings ofour pablic institutions—when according to its standing rule the same press would have been closed to him had he sought admission upon the frank and open ground of theological discussion * . * * Under the d-sguise of lecturs liscussions on the social state, letters from Boston, &e., with which our papers are daily filled, the above mentioned old fashioned doctrines are not only indirectly attacked, but in a manner still more offensive, assumed to be without foundation, or ut- terly exploded by the rapid progress of the human mind within the last few years. Many authors and lecturers at write and speak as though noone n ginal sin, unless under some transcendental , or in depravity, or in regeneration, or the necessity », or the subli justification by faith. nt the very terms themselves will startle many of aders as altogether strange and out of place in the s of the daily press—elthough they are simply y of example, without any imended di cir merits. ° 4 ud bd If correctly reported, Dr. Smith tells us without qualification, that the facts of geology are contrary account given in the Bible. We aware | tendencies of many geolog yet to the Scriptures has gene. under the sneering demand of anew interpretation. Our lecturer, however, takes bolder ground. He proceeds not merely upon the incorrectness of the interpretation, but assumes at once a direct contra Most sober expositors have come to the conclu- of the mass of the earth, (with per- ‘ation pen it,) long before the period is not contradicted by any If geologists require it, they haps a Lying org: styled the Mosaic creation, thing contained in the Bible are willing teconcede millions of Peart anterior to that period, when the Almighty proceedet to reorganize and reconstruct the present order of things precisely in the manner described by Moses, whatever that manner may have been, and whatever reasonable latitude of interpre tation may have been ed. This has not been forced late to the fall and restoration of man,the sanctions of the Divine law, and the awful scheme of redemption. These, Af he chooses to have it so, may have no part in his idea of science. Other minds think differently, and r all other knowledge ‘as utterly worthless, unless illumined by rays reflected from these sublime objects of the soul’s con- templation. There arethose who feel that the scriptures propound truths of science, higher than any ever disco ered by geology or astronomy, when it declares “that light shail we see light—that the things which are Account is not true. Noempty pratth h us morality We proceed a step further. count, not being true, could not, therefore, have been given by inspiration. iodamen- tal record being convicte: dence of the truth ot falsehood, eno evi- Subsequent supernatural fact We have therefore no evi- eof the Red Sea, of the led to by subsequent b y without evidence, and , we have therefore no ovidence that those who refer to them were inspired by the Holy Ghost, or rather we haveevidence to the contrary. Jesus Christ appe the Old Te: nt prophets, and especial spired authori nd as prophet cally t But Moses, so far from being inspired, re hoods. Christ own claim to inspiration, to say nothing of any thing higher, falls of course, and now where are we? Alas, we are enveloped in a " darkness visible,” in which no ray from chemistry or geology can gloom is thickening around us. light of nature. By the aid of the dec: Primitive Revelation, it once shed al f now. Its day has gone by. nothing. "Where now is the immortality of the soul ? The immortality of the soul then, is gone with the an- thority of Revelation. And what now is left?) The be- ; lef ina God! What God? The God of Spinoza—or the { Sentimentalist’s Spirit of Nature—or the Naturalist’s Dy- namic Knergy—orthe Transcendentalist’s First Truth ? But what is he to us, or we to him? Beings of an hour, what have we todo with God? What have we to do with any thing ? What interest any longer in geology, or as- tronomy, or chemistry? Atheism, then, must foliow the loss of the beliet of the soul’s immortali:y. Better to have it so—better to believe in no God, than in’ one who cares not for us —who has shed no ray of supernatural light up- on our dark path—who has given us the fleeting existence moment, only to sink into the nothingness of an eter- y. Better to believe that we are borne on and crushed down by the wheels of a blind and relentless Nature. Bet: ter, in such acase, to say at once— “ Out, out. brief candle ;” Suicide becomes the highest act of virtue. But why talk of virtue? Moral distinctions are gone. Nothing is eter- nal but matter and its vis movens Right and wrong no longer exist. Whatsoever things are pure, whatsoever things are lovely, all, all are gone. Truth no longer pos- sesses an interest ; for what have beings of a day to do with that which is eternal? A Tartaric Chaos broods upon them by geologists, for many of the most pious, as well asthe most learned believers, adopted this conclu. sion, long before geology a8 a science, was ever thought of Dr. smith, however, with that profound ignorance of theology and Biblical literature, for which men of this class are distinguished, seems to be entirely unaware of this. He too must commence in the nsual style, and with every vulgar lecturer, repeat for the hand: time the attack upon Moses, and then gravely assume that he is merely repelling the assaults of narrow-minded n- ists. The contrariety is assumed—the man of straw is set up,and he then gra roceeds to the work of demoli- One would have thought, that so distinguished a man would have avoided this, if for no other reason than that it had become utterly stale and worn out by repeti- tion. Weonly wonder that while he was about it, hedid not give us once more the old story of Galileo. it’ would at least have had as much of the merit of novelty, as many of the ideas he has presented. oe WK | We charge this lecture with infidelity in the old and es- tablished sense of theterm. We care nothing about the Doctor's affeoted respect for revelation, and his biand as. sumption * that it was not given to teach us any truth of science.” We shall not dwell upon the narrow meaning he assigns to this term. He may, if he chooses, in his de- finition of science, include espetology and exclude theolo. cy. He may,if pleases, give the lowest facts of natu ral history a precedence to sablime truths which re- over the spiritual world, darker than that which the mor- ning of Creation removed from the face of the physical. 1n its most subtle ¢uise. philosophy is the order of the day. The principles are openly broached in edu- philosophy—all under the guise of an extraordinary philanthropy, and a pretendedly higher ith than is to be derived from the teachings of the Church and the authority of Revelation. Nothing is more confi- dent and clamorous than perficial and half-formed sci- ence, when it is in that in which its bearings upon the whole range of othe: ences are unperceived, and it fills alone the entire vision of its boastful devotees.— Whatever is isolated nevercan be fully understood, al- though it often demands that the whole should do homage to its claims. It is thus, at the present day, that certain branches assume te themselves the exclusive name of sci- ence. Men who haveno ideas beyond the collections of of Mineralogical cabinets or the processes of thg laborato ry, or the examination of shells, or the dissection of in- sects, assume to determine the claims of revelation and theology, subjects which they have never studied, and in respect to which they have only the most common-place and snperficial notions. We are not afraid of the charge of being a visionary and ignorant alarmist. The danger, we contend, is real and imminent. The remedy can enly be found in a stern. resolution on the part of those who have an unwavering belief in the bible, to guard, by eve- ry meansin their power,all who are under their influence, from the insidious attacks of this subtle enemy—under a deep conviction that, when faith in revelation is gone, all is gone worth living for, and that our children had better to be ignorant of many things than to lose that without which all science is worthless. Ever since the establishment of the “Tribune” it has been considered the organ of the different ‘re- volutionary tribuaals” going by the name of “ Ly- ceums,” “ Associations” and “Society Libraries.” All the various lecturers om these subjects, that tend to infidelity in religion, or change in the organiza- tion of society, are seconded and defended in its co- lums. Under the mantle of superior decency in morals, and respectability in management, it isthe vehicle of a deeper and more radical revolution in morals, society and religion, than ever was attempt- ed in France or England, during the worst revolu- tionary periods of their existence. Magnetism, Geology, Mesmerism, Fourierism, Physiology, Neurology, and a thousand other different topics in philosophy, al! tending to the same result—irreti- gion, materialism, and ultimately atheism—are there found at large. But this is notall—the terrible prostration of all morals in trade, finance, politics, and private life, which have recently characterised the higher and more educated orders of society, may be justly im- puted to the progress of this wonderful revolution in religion and philosophy, set on foot by educated and amiable men, and acting through the instrumentali- ty of Lyceums and Associations, with their train of lecturers and orators. Take away all belief in Christianity, and you take away the foundation of morals in every avenue of life. Let the pulpits and the churches be effaced from the land, by the supe- rior enchantments of Lyceums and Associations, for modern philosophers, and fraud, injustice and defalcation of all kinds will have neither a moral check norhindrance. It is both amusing and me. lancholy too, to behold this black tide of infidelity moving over the land, in the shape of a respectable river, where the water nymphs sport aboutlike so many angels of heaven, inviting the unwary and superficial to the waves that is certain death. Taking all these movements into consideration, they present the character of a revolution in the ve- ry organization of society, its morals, its religion, its thoughts, that far outstrips that of France, and may end no one knows where. y is amon; perficial most disor sanizin; Cation, polities ant A false Our Banxrvrrcy.—We understand from Mr. Wyant, one of the officers of the Superior Court, that H. W. Havens, Notary Public, of Nassau street, has stated that he knew, of his own know- ledge, that a note of ours for $265,was protested tor non-payment—and we were therefore a bankrupt. We pronounce this statement a gross and impu- dent falsehood—and he who makes such a state- ment we also pronounce to be a gross and impudent liar—and dare any man in this community to pro- duce the note in question, or give any other evidence of such a thing. We know that Parmlee, formerly our correspondent at Washington, and now very im- properly employed by the government, had the im- pudence to draw upon us fora sum of nearly suchan amount, without any authority or right from us, at the same time when he owed us $500 for advances made to him, for which we have his obligation now. This draft came through G. W. Dwight, the rump of “Old Poins.” We turned the drawer oud all concerned out of our office, and if Captain John Tyler don’t do the same, he will soon find out his mistake. This Parmlee, however, like an ungrate- ful fellow as he is, has been making such reports against us. There is no paper of ours ander protest nor ever was, for the reason that we never have any, except the paper called the New York Herald, A Day avrer Tue Far.—The National Intelligen- cer is still publishing the long, rigmarole, stupid, cold-hash speeches, delivered at the last session of Congress. They will hardly get through with their Congressional literature before the next session opens. Can any person wonder at the bankruptcy, imbecility, and want of influence in journals, con- ducted in such a way? Tue Surrrace Parry ix Ruope Istanp.—This party have decided net to vote at all at the ensuing election, in relation to the proposed Constitution. ‘This is wrong ; they ought to vote. This obstinacy is verv like the secession of the whigs from the Ohio Legislature last summer, and we all know what was the decision of the people upon their conduct. We agree with the general principles of the Suffrage par- ty, but if they have a majority they ought to come out and prove it at the next election. No good citi- zen can approve of this system of staying away from the polls in a body, and refusing to exercise the rights they possess, to obtain their desires in a peace. able way. Let them yote; seen are temporal, but the things which are unseen are eternal,” aiving all this, let us examine the conclusion which follows directly from the Doctor's premises. Our philo- sophy is not of that barren sort, which has to do with facts alone, irrespective of consequences, ‘The Mosaic accounnt is contrary to the tacts of geology fore the Mosnic bout the Bible ha- efore relers to erring authority. His uide our way. The ‘e cannot return to the ing embers cf feeble and glimmering light “until Shfoh came ;” but it can no longer serve us Man, in these latter times of the world, must have Revelation or Atheism—the Bible or Case of John C. Colt. Preparations ror Execution.—His 1nTENDED Marriace.—Arremrrep Brisery.—The execution of Colt will in all probability take place this day. The only prospect or hope of respite is, that the Chancellor, who is now at Albany, will grant @ writ of error on the second application of prisoner's ounsel, backed by the opinion of Bepjamin F Sutler, Exq., and the Sheriil’s counsel, Joseph © Hart, Esq. A messenger was sent to Albany on Wednesday evening for that parpose, who will re- turn by the boat this morning. It 18 supposed, that ithe Chancellor consents, whieh is not very proba- ble, that Governor Seward will grant a reprieve, in order to allow the ease to come before the Court of Errors. « The counsel of prisoner have presented to Sherift Hart a protest against the legal competency of the Court of Oyer and Terminer, in which they deny the constitutional power of the Court with an Alder- man sitting as one of the Judges. The Sheriff is a ministerial officer only, and must obey the order of the Court, without any discretion on his part as to consequences. Colt’s mistress, Caroline Henshaw, visited him in his cell yesterday for the first time since his sen tence, and on Colt’s proposition, they were to have been married during the morning, but owing to the interposition of some of his friends, the ceremony was not performed, although it is expected that it with her, and we believe Colt has never secn it. She has recently resided in Philadelphia, where the child now remains. From ramors that have been quietly in circulation in certain circles for the past few weeks, we have had reason to believe that a most extended system of bribery had been in operation to effect the escape of Colt, and last evening ascertained that the sum of $1000 had been offered to each of three of the deputy keepers of the City prison, provided they would connive at the escape ef Colt by allow- ing him to dress himself in the clothes of Caroline Henshaw, his mistress, who would be sent into his cell for that purpose. It was this disclosure that prompted Col. Jones to place Colt in irons, and which, on their being removed, induced the sheriff to put him in charge of two of his deputies. The deputy keepers of the prisen communicated the proposition made them to the principal keeper as soon as the corrupt motive was made apparent.— The whole affair, together with the authors of the bribery, will be exposed after the execution. It has been supposed by many that Colt would commit suicide before the day of execution, and a a few days since he sent for Dr. Macomb, physician of the prison, and requested to borrow some medi- cal work on anatomy, which was refused. He then made a number of serious enquiries as to the loca- tion of the large veins and arteries of the body, evin- cing a disposition to ascertain at which particular point death would be the most easy and effectually produced. Since the decision of the Governor, as read to him on Sunday, he has not evinced any of that dare- devil recklessness of spirit that existed before, and under the influence and counsel of the Rev. Dr. Anthon, has appeared to have been partially re- signed to his fate, and given demonstrations of pre- parations for the future. The answer of Governor Seward to the applica- tion of a portion of the members of the New York Bar, was first communicated to him yesterday mor- ning, by Dr. Anthon, and_afterwards confirmed by the sheriff, accompanied by his counsel, Joseph C. Hart, Esq. He evinced much feeling on the recep- tion of the final decision of the Governor, and wept most bitterly. The last application of counsel for a writ of error, the result of which will be made known this morning, has not been communicated to him,and he therefore gave up all hopes’ of pardon or respite when the decision of the Governor was com- municated to him yesterday morning. The gallows was taken into the prison yard last evening, and will be erected early this morniag in the rear avenue, and immediately opposite the window of the cell in which he is confined. He made a request yesterday, that the execution might be postponed until the last hour of day, as Judge Kent had not specified any precise hours be- tween which it should be carried into effect. Should the Sheriff comply with this request, he will not be executed until four o’clock in the afternoon. Deputy Sheriff Vultee, was selected by the Sheriff to guard his cell last evening, in company with deputy keeper Pierce. He remained in his cell alone, his brother leaving him about dusk. The preparations to preserve order and quiet about the city prison during the day, have been made by that vigilant officer A. M. C. Smith, Esq., who has selected under the direction of the Sheriff, thirty officers to aid him in this arduous duty. The following is the official opinion of Governor Seward addressed to Sheriff Hart, in reply to the application for respite of the members of the New York Bar, convened in the Superior Court Room on Tuesday last :— Exxcurive Derartaent, Aunany, Nov. 16, 1842. James T. Brady, Richard R. Ward, R. Wharton Griffith and Samuel G. Raymond, Esqrs, counsellors at law, have submitted to the Governor resolutions passed yesterday at ameeting of members of the legal profession in the city of New York, asserting that the righ t to review the de- cision of inferior tribunals in the Court of last resort i right so essential to the due administration of the la that to refuse a writ of error, except in cases free of all doubt amounts to a denial of justice;that the question whe- ther, under the constitution of this State, Courts of Oyer and Terminer can be held in the city and county of New York other than by the Judges appointed by the Governor and Senate, although discussed, remain’ undecided in the Court for the Correction of Errers, and deserves se- rious deliberation—the words of the constitution being— “The Governor shall nominate, and with the consent of the Senate, shal int all judicial officers except jus- tices of the peace;” that questions concerning the organi- zation of Courts require above all others the decision of the highest tribunal, inasmuch as if illegally constitu: ted their judgments afford no protection to officers directed to execute them; that the moral force of every legal judg- ment,especially when it involves human life, must depend upon its uestione:! correctness, and that the execution of any judgment whose legality is. gravely denied by de- liberate and disinterested minds, without affording the op- portunity provided for by law to have it reviewed in the court of ultimate appeal, must deprive that judgment of the universal respect to which, after such a review, it would be clearly entitled ; and that the execution of any convict, whatever his crime, is of no greater importance to the community than such an administration of the laws as Racer tan implicit confidence in the decisions and decreesof the courts of justice. ‘The Governor is intormed by @ communication which accompanies the resolutions that the meeting was nume rous and was convened to take into consideration the case of John, Colt, a prisoner lying under sentence of death for the crime of murder; that Samuel G. Raymond, Esq. Rreckdeds that the resolutions were submitted by James . Brady, Esq. and supported by him and by Matthe 7C. Patetrson and John W. Edmonds, Esquires, and that the gentlemen by whom the communication was made were appointed a’ committee with mstructions to apply to the Governor for a respite of the execution until ac- tion could be had by the Court for the Correc- tion of Errors. In performing that duty the com- mittee earnestly solicit a respite for such a period as will give time for public sentiment to become more settled in relation to thesubject. They declare that pub- lic opinion tly divided on this matter, anda very deep coi iction is felt by vast numbers of the people, that the case is not sufficiently free from doubt to suffer the exe- cution to be performed until every proper means have been used by whieh public sentiment might be satisfied ; and they also express an opinion that the immediate execution oftheconvict would go far to shake confidence in the criminal code in respect to some of its principles, as to the organization vd which it is carried out; and as citi- zens of a republic of laws, and republic of opinion, they entreat from the Executive such assistance of their efforts as will give some little time to effect the desirable purpose of securing harmony between the laws, their execution, ‘and public sentiment. Samuel A.Adams, a citizen of this State,was found dead on the 26th day of September, 1841. A coroners inquest was held over the deceased, and upon due examination,the jury rendered a verdict that he received his death from the hands of Jobn C. Colt. iately on his arrest a —. rr peand re bod een was “and by oy, the , and although the inquiry was atten ¢ pri- weer, with the tid of counsel, and he was thus allowed to confront his accusers and was called upon to exculpate himsel, the investigation resulted in his ng fully com- mitted to abide the course of the law. A ind Jury composed of citizens selected for their intelligence and virtues, upon a deliberate examination of the proofs sub- Initted fo them on the part of the people, found a true bill of indictment against the prisoner, to which he pleaded not guilty. Four mon! lapsed before the issue was brought to trial. Thustime whs allowed the prisoner to prepare his defence, while ess was granted to procure the attendance of his witnesses. Three hundred and forty seven citizens were summoned with a view to obtain from among that great number ajury free from pre- judiee, und of those, the twelve who were selected, were virtually chosen by himself. He was defended by coun- sel, eminent for learning and eloquence, The roofs on the trial wore cautiously received by the Court and he wae even allowed the unusual privilege will take place this morning. Their child was not | of submitting an account of the transaction writ- ten by himself for the information of his counsel. The Court submitted the evidence to the jury, with unsur- passed candor and exceeding tenderness towards the accu- sed. The jury alter deliberating calmly and long, ren- dered a verdict of wilful murder. The accused then plied to the Court ofOyer and Terminer for a new trial, resting his application on attidavits designed to impeach the impartiality of one juror, and accusing others, if not all the jurors,of maiconduct. ‘The complaints were heard, and were founda ut‘erly groundless. ‘The presiding Judge then allowed a writ of error, not from any distrust of the decisions which the Court had pronounced, but from solicitude to avoid even possi- ble error in 80 a.case,and trom a becoming deference to higher tribunals; and in the mean time the judgment le- gaily consequent on the verdict was delayed. The record was submitted to the Supreme Court and after a careful examination of the case, and hearing counsel who main- tained the objections of the accused, that high tribunal unanimously declared that no error had been committed by the Court of Oyer and Terminer and that the obyec- tions were not merely but frivolous. ‘The re- cord was then remitted to the Court of Oyer and Terminer which Court, in purshance of the Jaw, one year after the crime was committed, pronounced against the prisoner the sentence by which society relieves itsel! of those mem bers whose existence is found incompatible with its own- security. The Court in pursuance of an honored and hu- mane custom ,as old as the memory of the law, desired to impress upon the prisoner the Certainty of his’ approach- ing death, and awaken him to the conviction of the neces: sity of preparation to meet atribunal whose judgments reach not only the body but the immortal spirit. But the appeal was resisted with a degree of obduracy seldom if ever witnessed on an occasion so solemn and affecting. Writs ot error in capital cases are not writs of right, but are writs of grace, and they are rendered so for the obvi- ‘ous reason that crime would flourish over the community, and society be shaken to its foundations if avery offender was allowed to procrastinate the punishment denounced against his crime, by appeals without grounds and without reason from court to court until Sunt jodqment should be rendered in the Court for the Correction of Errors,a tribu- nal constituted not to hinder justice by drawing’ all the proceedings of all other couris, whether probaoly right or wrong, under review, but to correct such few impor- tant errors as may remain uncorrected by the Court of Chancery and the Supreme Court. After the sentence had been pronounced against the prisoner, no ju tay its execution, nor any authority a people as humane as they are just, have confided the power of dispensing mercy when injustice has been inadvertently committed, or crime can for- given consistently with their security and w.lfare. If then the Circuit Judge, or either of the Justices of the Su- preme Court or the Chancellor, each of whom has power to allow writs of error, had granted a second process of that kind to the convict, it would have boen ineffectual unless the Governor had also int to respite the ex cution. Judges are bound to exercise a judicial discretion in deciding on applications for writs of error; and the Governor: realy aceaite such a deference towards them that their allowance of a writ weuld have much weight, tho’ it would not be comelusive uj him in considering the question, whether the execut of the sentence should layed. The Circuit Judge, and one of the Justi es of e Su with the concurrence of his associates, in the exercise of such a discretion, decided that there was no ground to question the legality of the judgment, which has been pronounced upen the prisoner. He then complained to the Governor, that the proceedings on his trial were irregular and illegal ; that the jury were not equal and impartial, and that their verdict was unjust— that the jpigment the Supreme Court was erroneous— that the decisions of the high judicial officers of the State were arbitrary and oppressive, and [eee py from mo- tives unconecientious and unjust. these considera- tions were superadded others calculated to influvace the judgment, or move the sympathies of a magistrate. Coun- sel learned in the law, jury, lawyers, zens and | philanthropist were heat dress, and the petitions of a parent, and the a) flicted relatives and friends, were not wit! . sult was an undoubting conviction that the judges and jurors were as just, equal, im jal, and humane asthey were distinguished for intelligence and learning ; that the prisoner was not less guilty than obdurate—and that peinful as it was, under such circumstances, to withhold the hand, that alone could rescue him from a dreadful fate, the security and the happiness of society forbade that it should be extended. The sentiments expressed in the reolutions of the mem- bers otthe Bar and the address of their Committee, have been sonsiiered with the respect justly due to those who united in the meeting as members of an enlightened pro- fession, and as patriotic and enlightened citizens ; and it remains only to announce that the Governor is still of the opinion that the course of legal proceedings in regard to the offender, has becn regular and humane ; that exposi- tions of the Constitution and laws by the Supreme Court are binding on the Executive and all other authorities, if not inconsistent with adjudications of the Court for the Correction of Errors ;that no abuse of power or discretion has been committed by the ju officers in the case of John C. Colt, and that to put forth the pardoning power under the circumstances in which it 1s now solicited, would be not only incensistent with the equality which ought always to govern its exercise, but would be subver- sive of law and public order. WILLIAM H. SEWARD. tL. 8] By the Governor, Henny Unperwoop, Private Secr’y. Governor Bouck anp 11s MovemEnts.—Governor Bouck comes into power on the Ist of January next, with an overwhelming majority in both houses to carry out his policy. One of the most important movements connected with this is the tremendous rush for the offices now held by the whigs, that will be made by hungry applicants. The task of select- ing proper persons for these offices wil’ be one of great delicacy, and require a great deal of care and good judgment ; and unless Gov. Bouck is very cautious, he will swamp his administration at the first onset as Gov. Seward did his. {n this city, there are a number of very valuable offices in the gift of the Governor to the amount of $100,000 or $150,000, with salaries varying from $500 to $15,000 per annum, and there are an aston- ishing quantity of applicants for the same. Amidst such a crowd there will be great difficalty inmaking aselection ; but one safe rule for the Governor to adopt, is where the party in the city cannot agree on acandidate, to go into the country and select one there, and indeed there is more honesty in the coun- try than in the city ; and it may be quite as well to bring some of it out among us, just as we have brought the Croton water to purify our houses. We mast have a great Croton stream brought from the country to purify our political arena, as we now have the Croton stream in our kitchens. New OrGanization or THE Por.icr.—We perceive that Assistant Alderman Atwill,has made a report to the Common Council,relative to the re-organization of the police department of this city. This has been much wanted. The present system is a miserable inefficient and corruptone. He recommends « paid police, and a night and day police. If in this he would include a paid system for the fire department, he might benefit the community beyond calcula- tion. Dr. Branpretu’s ADVERTISEMENTS.—We see that Dr. Brandreth comes out and denies that St. John Hugh Mills wrote his advertisements. He says that he received a large quantity of milk and water arti- cles {rom that individual, but nothing worth publish- ing. We always thought that George P. Morris, the great song writer of the age, and Louis Fitzgerald, Tasistro, the great critic of the age, were the wri- ters of the Doctor’s advertisemeats, and such, we think, is the general belief. Theatrical. Messrs. Brown, Barnes, Mulligan, and Davis, the celebrated Swiss brothers, who last fall performed with guch eclat in the city of Mexico, the whole of the southern States, have their departure, via Philade!phia and Baltimore, for those hospitable regions. Marshall, at Providence, has been doing a very om a Such complaints are, however, ge- neral. Many of the ‘‘used-up actors” belenging to the Baltimore company, left in a ‘‘fix” alter the ma- nager’s absquatulation, are suffering the greatest privations for want of the one thing necessary. “ Jon Crow Rice,” with his amiable lady (daugh- ter of Mr. Gladstone, proprietor of the Adelphi the- atre, London,) accompanied by two or three young “Crows,” took their departure yesterday in the Great Western, seemingly in the best health and the highe: irits. We understand that several new pieces, adapted and expressly written for Mr. Rice’s peculiar powers, will be produced during the ensuing season in London, and doubtless with as much sue- cess as the gentleman commanded on his former vi- sit. Conscience.—The following is a curious case of conscience truly :— Ma. Sistane— Sin :— Sometime since I sold you7 or 8 dollars of a red-back bank, which had just stopped, before you had received the information. I did it, because you had, two or three times a little previously, taken some advantage in Thiia- delphia and other money. But as “two wrongs never make a right,” I have been dissatisfied about it ever since; ane, theretors, herewiis hand you $2, which I believe will cover your loss in that matter. weer Tnony LANE. General Sessions. jefore Recorder Tallmadge and Judge Lynch. James 1. Wartino, Le fi District Atorney. Nov. 17.—Trial of J. W. Welling for False Pretences ‘This trial ohi ‘Welling with obtaining $669 worth of clothes, &e. from Blatchford & Sampson was resumed. Moses H. Nichols was called upon the stand for cross exa- mination, but ee new facts cm allcited. The ue tion o and the Court urned to Monday, when the evidence for defence will be presented to the fury, 17 Nov. City Intelligence, Tue Mcxpener Annestxp.—The German whois sup- posed tohave murdered Alexander Smith and wife at Huntingten, Suffolk county, on Sunday last, and then set fire to the house which was destroy ed, was arrested in that county on Wednesday. He was {ound hidin a barn with the boots of Mr. Alexander Smith upon his feet. He gave the nameof Antoine Walsley. Beam and Crouse, arrested on suspicion, have been discharged. Picxrocket.—One of these industrious citizens known by the name of Wm. H. Bloomer, while attending a sale at auction at $6 Broadway, yesterday morning, slipped gue of his grabbers into the pocket of Mr. ‘Raphael Schoyer, and withdrew a pocket wallet, but him. self detectes threw it on the floor, He'was seen in the act by acolored man and immediately arrested by Mr. Schoyer and lodged in prison. | The packet book contain- eda number of valuable promissory notes but no mo- ney- Owxen of Goops Wanten.—Two men were arrested in Belleville, N. J. yesterday, the 16th inst. by Justice Lioyd, and by him committed to the jail of Essex county, having in their ion a lot of goods, which they cou! not satisfactorily account for, which are supposed to be stolen. They consist of a lot of sewing silk, assorted co- lors, (six or seven pounds) 30 or 40 pieces of ribbons, a lot of ladies’ cotton hose mer astieg several pieces of crape gauze, a lot of lace and edging, some of which ap- pear to have the private mark of the owner upon them. Daivine orr a Cow.—Patrick marched down to the foot of Chambers street on Wednesday morning, and seeing a cow that struck his fancy, belonging to Josiah H. Merritt, drove her off and was caught in his progress and arrested. How 10 cet a Coar.—Go to the house of John Cook, No. 13 Forsyth streat, and tell his wife Nancy that her son Ceorge sent you for his over-ci e it and run away. Thus did one John Ramson, and for thus doing he was committed to the city prison for trial. A“ Busr ur.”—Beach, the oyster-man, will feel much gratification in the announcement that one of the music salaon against which he came out so strong afew weeks ago, situated in Grand street, has ‘ bust its biler,” there- by affording a more undivided egeto his own estab- lishment. We doubt not he will immediately engoge the services of the whole corps of vocalists; but we would advise them to look sharp after their salaries. The dis- count on his shinplasters ‘don’t go down well.” A Cur Tuxoat 1s Paisox.—James Murray, the fellow who was arrested by officer Fallon, on Wednesday, on a charge of passing a $3 counterfiet note on the Exchange Bank of Providence, R. I., attempted to commit suicide on Wedn evening in his cell, by cutting his throat with aknife. le started to commence the work his ear but gaveit up as a bad job, after cutting a gash about two inches long. Orrictat, Cannass.—The following is the official can- vasss for Governor, &c. as reported by the County Can- vassers, who concluded their labors last evening ;— Bradish. Stewart, #3 Seo 1841 19,975 Bl ecomconworswee 2,037—Bouck’s majority. Linutenant Governor. 2 Dickinson, 1,941 Flurman, 20,000 Dickinson's majority, — 1,851 ' Senator. Lott, 21,546 Oakley, 20,168 Lott's majority, 1,378 ‘Warner, the abolition candidate, received 63 votes. For Concarss—Third District. £084 Nicoll, Majority for Phenix—928. Fourth District. ‘6549 William Majority for Maclay—772. Fifth District. 5282 Sco! Majority for Leon: Sixth District. 6904 McKeon, Majority for Fish—206. For Reorster. 21.491 Eichell, Brownell’s majority—1,165. Hunt, the abolition candidate, received 58 votes. The returns for Register, made by the Jospectors of the Eleventh Ward, were all wrong, as they made out the list with the words, “J Sherman Brownell,” upon them, in- stead of “Joseph Sherman Brownell,” or “Joseph 8. Brownell,” as the law requires. The consequence was, thatthe whole return wassent back for correction, as S00 majority would have been stricken from his vote, had their return been rejected. The utmost carelessness has been shown in the returns from many wards, that in a close contest would have given rise to great trouble. Phenix, 4156 Maclay, 4777 Leonard, 4399 Fish, 6693. Brownell, 20,326 “Glazier, 21,526 *R. Smith, 20,338 *Pents, 20,707 “Webster, 20,299 “Paulding, 21,635 Acker, 20,103 “Hibbard, 21,658 Baldwin, 20,203 Davy, 19,050 pei 20,170 “Thomson, 21,384 F. Smith; 20,192 *Miller, 21,631 Blunt, 20,090 “Jones, 21,235 Alvord, 20,004 “Daly, 21,337 Sammons, 20,022 *Sanford, 21,680 Weed, 20,987 ‘White, 21,499 Chenery, “McMurray, 20,635 St. John, 68 Van Dyke, 19,531 Brinsmade, 08 Walsh, 2796 *Those marked with a star are elected. Massachusetts Election. 1842. 1841. Towns. Davis. Morton. Abo. Davis. Morton. Abo. 279 6097 53,141 43,735 3484 51,842 63,651 51,842 48, Morton over Davis, He] 4,406 Davis over Morton beaten by 4,282 922 Davis overall. The legislature is yet in doubt. There has been no choice in many counties, and the actual position of parties therein is to be decided at special elec- tions. Circuit Court. Before Judge Kent. Nov. 17.—Richard D. Littell vs. Peter La Forge.—This case has now been on six days inthis court. Judge Kent will deliver his charge this morning, on the opening of the dose ‘We shall report the case to-morrow with the ver- ict. Superior Court, Before His Honor Judge mea Nov. I7.—Several inquests were taken inthe morning, and then the Court adjourned till 4 P.M. Ji Oakley having got through his calendar, adjourned till Friday fo-day) 0o’clock. There will be two Courts held Fi lay and Saturday. Jeremiah Pate vs. The North River Fire Insurance Com- —This case was commenced Nov. 15th. Messrs. Millar and Sherwood, counsel for plaintiff; Messrs. Slosson and Schell, for defence. ‘This was an action ona policy of insurance to recover pee 08, effected by the plaintiff in the otfice of the de- fendants on his, the plaintiff’s,stock in trade and furniture. On the night of the 25th and morning of the 26th of February last, a fire broke out in the plaintiff's 5 242 Spring, by which a partof his stock in trade and fur- niture were alleged to destroyeu, and the remainder considerably injured. The defence set up by the Insurance Company, was that there had been gross mi “atation in m to the number and value of the les claimed to have been destroyed—that there ha‘ been much false sw that it was enly a small store of an ber the aad of at red beng Me out re the fire, put in 4! ‘ watchman, and replaced again after ime ars. The counsel for the defence, stated teat ea n nota inigatiog, Insurance Company, having only ive cases in some twenty or thirty years. siderable evidence has been introduced on’ both sides, The case is not yet concluded. ArpoinTMENT BY THE Prestpent.—Joel B. Suth- erland, Naval Officer for the district of Philadelphia, Pennsylvania, vice Alexander Ferguson. Bankrupt List, SOUTHERN DISTRICT OF NEW YORK. le a Glen Cove, auctioneer in New York, Decem! Samuel Smith, as well in his individual as also ‘Smith & At f the firm of 0 vm oneal, ‘Turner, city of New York, physicia cember 17. wn, New York, December 16. Peo aged formerly engineer, of late farmer, filed November 17. riever, ship master, New York. Anthony Dey. Maeatyctiay Now York; Desembeeie, Edwin Smith, Brooklyn, merchant, December 18. Jacob 8. Hutchings, clerk, 28 Duane street, New York, December 16. ‘Lorenzo Rowe, Battaville, Green county, New York, cal fer and joiner. cage yn Raact tecmead os vellin his inate cal as also one of the late. firm jam C. bo, December 24. pa. Aaron Kemp, clerk, 131 avenue D, New York, De cember 16. James Myers, Se Rage’ ‘341 Monroe street, New York. in James Bradl worker, 116 Orchard street, New York, December 16. {tG- The manager of the New York Museum, evinces the happy art of hitting off the humbugs of theday with admirable fidelity. His Fudge Mermaid, manufectured in opposition to the Fejee, is a8 exquisite a piece of satire, and as fine a bit of fun, as it is possible toconceive. The Hughes family, those admirable performers on the harp, display abilitier of the very highest order. Any eulo- ginm from us, will fall infinitely short of the praise they are entitled to. They execute with oll the grace, bril- liancy and finish of eminent professors, Diamond, Rosa. Ue, end Boyd, appear, EVENING EDITION. TWO O'CLOCK, P. M. Colt’s Execution. ‘The preparations for the execution of John C. Colt were all made at aa early hour this morning. ‘The messenger sent to Albany returned this morn- ing, with the information that the Chancellor had peremptorily refused to granta writ of Error on the second application of the counsel of Colt. Senator Verplanck has also replied to a letter of Colt’s coun- se! in which he agrees with the position taken by Benjamin F. Butler, Esq. counsel of the Sheriff, who backed the last application to the Chancellor, for the purpose of having the question of Aldermen setting as Jukges of the Court of Oyer and Terminer, constitutionally decided. Colt was engaged in writing nearly all night, pre- paring, as we understand, a full confession of all ap- pertaining to the murder of Adams. He was under the charge of Deputy Sheriff Vultee and Green, du- ring the night. And upon being asked during the evening if he wanted anything, he desired a cup of coffee, and then told the Deputy that he wished to see all the keepers§of the prison between 12 and 1 o’clock this day, when he would bid them adieu forever. He also stated that the Sheriff had com- plied with his request, and postponed the hour of execution until the last of the day, as published in the Herald this morning. It will not take place therefore before four o’clock, which will be too late for our second edition. Coit’s brother wagat the prison door as soon as it was opened in the morning, and remained with him about a quarter of an hour. The Rev. Dr. Anthon had not visited him at ten o’clock this morning. He afterward dressed himself and wasshaved by Bill Dolsens, of Centre street, commonly called Deaf” Bill. At early dawn rersons began to assemble afound the City Prison, and at about 8 0’clock, the avenues and entrances began to be blocked up with anxious enquirers, who were asking—‘ Will he be hung ?” —** Can’t you letusin?’&c. The gates to the en- trance of the prison were closed about eight o’clock, and officersstationed under the charge of A. M. C. Smith, to prevent the ingress of any except those who had tickets of admission. ‘The position of the gallows was in the rear court yard of the prison, and the noise of the workmen in its erection could be distinctly heard through the massive walls of the prison. The gallows was erected early in the morn- ing. It consisted merely of two upright posts, and one transversly placed. Through the eentre of the transverse piece, over a pully wheel, the rope was passed, and to the opposite end weights of ebout 290 pounds were suspended by additional blocks and tackle It was plaeed in the centre of the yard, andimmediately opposite the rear window of the cell in which Colt was confined. At 9o’clock the outer door of his cell was opened and the usual breakfast of the prisoners served up in the different cells to the prisoners The sliding of locks, bolts and bars, and the chit chat and excite- ment among the inmates of the prison as well as the spectators that had been admitted, all tended to add a peculiarity to the scene within the walls of the Tombs that must be ever remembered to all who were present. Nothing was talked of, hinted at or thought about but the execution, the execution, which to the ears of Colt, if he could catch the sound, must have been aught but agreeable. The excitement about the prison was intense at about 11 o’clock, and.the doors of the Police Office were closed in order to prevent the intrusion of the crowd, Franklin street was filled with the multitude as well as the vestibule of the city prison on Centre street,and the street in front. Dr. Anthon visited the cell of Colt at about 11 o’clock, in company with Colt’s brother, for the purpose of making preparation for his marriage with Caroline Henshaw. At about half past 11 o’clock Mesers. Graham and ismmitt, his counsel, visited his cell and remained about halfan hour. A little before 12 o’clock, Caro- line Henshaw made her appearance in company with the brother of Colt and John Howard Payne, who entered the cell with her. They were then married by the Rev. Dr. Anthon, in presexce of Da- vid Graham, Robert Emmett, Justice Mer."itt, the Sheriff, John Howard Payne, and his brother. She was dressed with a straw bonnet, green shaw), 2 claret colored cloak trimmed with red cord, and a muff. Her appearance denoted much anxiety, and she was much thinner than when a witnees on the trial. After their marriage, Dr. Anthon remained inthe cell with them a few minutes and then left them alone, she remaining for nearly an hour. There was considerable excitement among the prisoners in the various cells, and Sears, who is confined for the murder of McDonough, was ex- ceedingly inquisitive as to all the preparations for the execution. It may be his turn next. The pri- soners in the upper cells, the windows of which overlook the rear court yard, where the gallows was erected, contrived to get a view of the scene by holding a piece of looking glass out of the small apertures in the side of the cell, the reflection of which brought it to their sight. From every cell an arm could be seen with a piece of glass in the fingers, evincing that the holder was anxiously waiting for mt boat of execution, — Mie [oe bt about hal t three o’clock. It is no twelve, reg jance his the Ee in, nce ew laat tarewell. keepers of the n wil ea well. ° ‘Bi wae Coralive Been now Caroline still in cell alone wit « . Dudley Selden, one of his counsel, has just entered se of . Colt has been engaged for the past two days in writing a reply to the letter of Gov. Seward. It is now one o'clock, and Colt has just ordered a quart of hot coffee, wien en brought in and vine tallowing ie the, letier of the Chancellor in reply to the second a of Colt’s counsel for a writ oferrer. It is addressed to Joseph C. Hart, Exq,, the counsel of the iff, and we present an exclamve copgiy= Aunany, Nov. 17, 1849. an Sir. eard estions upon the writ of error in Colt’s de A; it brest Tength at New York, and came tothe Geitverdie determination ‘that there was none of them on whieh there was any room to doubt, as you will see from my written opinion, which I left in the hands of Volt’s counsel whcn | left New York, and which is now son lished in the of this morning. You will th see that it is out of my power to violate my oath of ottice writ ot eror inthe case, even if the applic cation was now larly re me on an application up- on notice to the ators General. Neither would the al- lowance of the writ stay the execution of the sentence, as {could not certify that there was any cause for poss tg the proceedings, and the Governor would not in- ere without such certificate. a i never heard any Lhe tycgrey Ag! oe gee Ba ¢ prisoner, 0 as legality conviction Tetons the uct which tried him. Nor have! been able to find any member of the Court of Errors who would have voted to reverse the judgment on the ground of the organization of thecourt. Jt is ly natural that the friends of this unhappy man ld endeavor if possible to stay his execution, but their anxiety to pre- serve his life cannot excuse the officers of justice in ma- king tho laws bend to their wishes ; although the course which has been pursued in this case has placed, not only t} ose officers, but tae Governor, in The prisoner's Most and try- ing situations. counsel had the Sant to ‘apply to the’ peat nef bok three justices of the Supreme Court, orto any of the ‘circ! the allow. ance of awrit rf error, and yo Cloee twelae So fiders had any doubts as to th of the conviction, he wonld of course have allo the writ. They have tried four or five, and have failed, and if they were not sa- tisfied with thet, they should have epplied to others ; but cannot ak those who have fully exemined the subject, and have no doubt to vioyate their duty by ecting against their Yours, with rerrset-ypm WALWORTH. J.C. Hant, Bsa. : ‘There will be an EXTRA HERALD issued at 4 o’clock, containing all that transpires after one o'clock, and the particulars of the execution. fonteriearnrtins Bet Fortien News.—It was by special exprees sent by Harnden & Co. that we re wed the foreign news this morning. ‘Their messenger reached this city at four o’elock, by the way of Hudson in the crack steamer North America, Captain Truesdell. Harnden & Co. exhibit a great deal of enterprise, and we are glad to learn they are well encouraged by the public.