The New York Herald Newspaper, December 6, 1842, Page 2

’ YORK HERALD. News FRoM » shall get later news from Europe to day, as the steamship Columbia un- doubtedly reached Boston yesterday. She was then pastdue. An Extra Herald will be published im- | mediately on the arrival of Adams's and Harnden’s express lines with our foreign papers. Agent wanted for the Herald, in Pitts- burgh, Pa. Having removed the agent for the sale of the New York Herald in Pittsburgh, Pennsylvania, we in- aper and literary business. To a young n of small capital, say “from $100 to $800, this vacaney would furnish a fine chance to commence business. By uniting with the agency of the He- rald, the sale of cheap periodical literature of all kinds, and conducted on the cash principle entirely, a capable and active man might make an annual in- come of $1000 or more, per annum, and in time make a fortune, provided he be honest, faithful and attentive 18 demoralization of the present times 1 so great, originally inflicted on the country by the cor- ruption of politicians, financiers and bankers, that nothing but the strictest adherance to the cash sys- tem will ever renovate the country. Our late agents at Pittsburgh and St. Louis were lax in complying with our rules of business—and the former has had the folly to write an impudent letter to us because we called upon him publicly to attend to our rules. We accordinsly have removed him from the agency in Pittsburgh, and any other agent who may exhibit the same laxity or ewwelessness, shall be superceded as promptly as he has been. We never shall give any agent of the Herald, the chance again to serve us as Curns of New Orleans, or Mitchell of New Haven, has done. In this inflexibility to the principles on which we conduct and manage the Herald, we believe we are doing society a service. It is the only way to call back the men of business of the present age, to the old fashioned and strict habits of former times. Look at t ress audacity of our ex-agent in New Haven. He not only refuses to pay his debte, but he has the ine impudence to publish “ cards” in the New Haven papers, accusing us of being an aristocrat,” becanse we ask him to pay his debts. By this code of morals, honesty is the most awful species of aristocracy, and should be punished inthe State Prise Let the young men of the present day, just entering upon business, take care how they make a start in life. If they imitate the conduct, the manners, and the ways of those who by their own folly, indisergtion, and extravagance, swell! the lists of bankruptey, and jeail honesty a species of sristocracy,” they never can succeed. This is the most propitious time in the world to n business—but it must be began on the right I riples—with the proper temper—the highest in- dustry—the coolest sagacity—and, above all, with an inflexible adherence to truth, integrity, econo- id cash down, whether it is democracy, or We have had some little trouble, and little money by the folly, recklessness, auda- of agents—but we believe we lost less than any of our cotemporaries, ocracy , and dishonesty ng principally from our promptitude in check- ing the first wrong step, even at a considerable ex- pense. If all our agents will follow in our footsteps, they will never fail to make themselves men of worth, respectability, and property. It is the easiest thing in the world to attain these distinctions in a free, liberal, and energetic country, such as this happy and comfortable land is. l the p sRarY Iyreniicence.—We understand that ilishers of Mr. Cooley's very interesting work on Modern Egypt, intend to put a new editioa to press immediately, the first edition being now en. tirely exhausted. It will be recollected that this book created a curious and amusing ‘controversy last sum- mer among various critics and antiquarians. Mr. Gliddon, formerly connected with the Ameri- can Consulate in Cairo, made a savage and funny attack upon the book and the author. This caused every body to enquire for the work and to read it with great avidity. The controversy will still con- tinue in some shape or another. Mr. Cooley, in his second popular edition, will probably add something to the brochure, touching the character of the recent explorers in Egyptian monumental history, which is now considered to be entirely hostile to the authen- ticity and sacred character of the Jewish records. Mr. Gliddon proceeds to Boston, in order to give a series of lectures on these antiquities, before the savans of that city; afterwards he will deliver the same course in this city, We would advise Mr. Cooley to review the lectures and lecturer. We should like to see the general subject of Egyp- tian antiquities, and the character and tendleney of recent discoveries, fully discussed before the public. Mr. Cooley has written one of the most graphic and agreeable works on modern Egypt that we ever read—in that respect surpassing all his cotempora- ries, from Dr. Mott, round and about to Mr.Stephens. We wanta full development of its monumental his- tory—an explanation of those vast remains that yet astonish the world—and their connection with Jew" ish history and revelation fully illustrated or sepa- rated. We do not know any person who has a su- perior tact in this department to Mr.fCooley. Tue Prestpent’s Mrssace.—By the following note from the’ post office, it will be seen that the President's Message will be delivered to-day. It will appear in our columns to-morrow. New Yon Post Orrice, Dec. 5, 1842. James G. Benwert, Esq., Henatp Orrice :— Dean Sin :— Information has been received at this office, that it is contemplated by the Post Orfice Department to send the President's Message on Tuesday, (to-morrow,) the 6th inst., m the same manner as heretofore. An extra engine will leave Washington on Tuesday with the message, ediately after its delivery to the two Houses of Congre: at about half past 12 M., and is expectel to reac! city at 11 o’clock of the same day. Respectfully, JOHN LORIMER GRAHAM, P. M. Tar Dusr Inpicrment.— The Grand Jury of Dela- ware county, Pa., have ignored the bill against the Hon. Thomas F. Marshall, for fighting a duel with Colonel Webb, it not being well established which side of the State line was occupied by the respective combatants. The reports in circulation touching the movements of the Grand Jury in Newcastle county, Del., in this matter, are unfounded. SunsorirTions For THE Wipows.—We shall close our subscription lists for the benefit of the widows of poor Bassett and King to-morrow evening. We trust, therefore, that those who intend to give any thing to these unfertunates, will do so at once. Charity needs no forethought. We have already received one hundred and thir- ty-four dollars and fifty cents, and are in hopea of swelling the amount to a much larger sum. We cannot here retrain from expressing our admiration of the benevolence of an eminent shipping mer- chant who was called on yesterday to subscribe. He refused to put his name on the list, but drew o check for fifty dollars, which he handed over, with the remark that the poor widows must not suffer— that they must be properly provided for—and that if more money was wanted, he was ready to open his purse. Here isan instance of pure disinterest ed charity, such as is seldom to beseen in this or any other city. Navigation ano Werarner.—We have mild weather again. So have the Buffalonians. We should got be surprised to hear of the opening of the Hudson; it 1s now open to Coxsackie! At Buffalo vessels were preparing to leave on the 29th for the west. The Southerners have had colder weather than the Northerners. In this city the mercury has been down to 24 degrees only; in Nashville, Tennessee, to 10 degrees; and ‘at Columbus, Ohio, it sunk to 8 degrees. rants for assuming that profitable point in | Pustic Lecrurens anv Lecturss.—The charac- terand tendencies of almost all the popular lecturee delivered during the winter season, in our prinei- pal cities, present much to interest the attentive stu- progress of society, and a great deal to alarm the followers and friends of the old regime in ; morals and religion. It isnow, we believe, a pretty well established fact, that the old serpent has long been in the habit of assuming on proper occasions, the form and lineaments of an “ angel of light ;” and we will venture to say, that in no period of the world’s history, has the venerable deceiver been more successful in the adoption of this sage line of policy, than in the bustling, revolutionary age in which our lots have been so fortunately cast. There { is much more of this Satanic masquerading in the present fashionable lecture system, than is dreamt of in the philosophy of your staid, sober-going, strait- laced moralists and religionists. It is therefore quite worth one’s while to make some investigation of this business, and examine the operations and bearings of this new agency, so extensively patroni- sed, and so actively at work in the world of litera- ture, philosophy, morals, and religion. And before saying a word about these peripatetic teachers, and their discourses, it will be any thing but out of place to describe the character of the au- diences, who imbibe spiritual nutriment, and seek lessons of wisdom from this new priesthood. The overwhelming majority of the attendants on these public popular lectures is composed of those classes who denominate themselves, par excellence,the moral and religious—they who would be esteemed the salt of the earth—the antiseptic qualities of whose virtue and morality alone preserve the Jand from general corruption, and prove an effectual antidote against the cancerous ravages of low, vulgar, gro- velling vice, and impudent infidelity. The lecture- going portion of the community, for instance, enter- tain a most holy horror of the stage; the player is piously designated by them the *‘devil’s servant ;” and were they by accident to touch the profane leaves of Shakspeare, we suppose they would deem a Mosaic purification absolutely necessary. A great proportion of these audiences, too, 18 composed of young persons of both sexes, easily misled by so- phistry,and eager to catch with enthusiasm at new- fangled notions in philosophy and morals. Such, then, is the general character of the crowds who at- tend these lectures. On those, then, who are reputed to be the recognised guardians of the strictest code of morals, and purest forms of religious faith; and on the plastic minds of the young and rising genera- tion, will the effects of these public discourses be exhibited. And now what is the character of the lectures themselves? They may be divided with tolerable accuracy into two great classes—the trashy, or ab- solutely worthless, and the poisonous, or positively injurious. We except with readiness, from this classification, the few isolated lectures of one or two really useful men who have appeared in the field— Dr. Nelson, and Jared Sparks for instance; but the great herd belong to one or other of the two divisions wehave named. By farthe greatest number of the lectures delivered on scieatific subjects come under the “‘trashy” order. They are merely badly com- piled, improperly arranged, and crudely digested abridgements of the published treatises, which could be procured for little more than the price of a single lecture-ticket, but which people are too lazy to read and study. Our young masters and misses, and the children of a larger growth, who must needs appear very wise in their generation, although they have not inclination to acquire by laborious and proper ef- fort, a knowledge of scientific subjects, yet must ob- tain some friendly veil to cover their ignorance, and accordingly repair to the popular lecturer, who in a most obliging manner, gives them, in a course of six lectures, at three dollars, (family ticket five dollars, and children half-price)—a highly respectable smat- tering of terms, which enables them to talk quite learnedly of the circulation of the blood—the nervous centres—the principles of isomorphous replacement —qualitative analysis—and the origin of the carbon- iferous strata. To the “trashy” order belong also the thousand and one twaddling, mawkish oral dis- quisitions on poetry and the poets, and the light liter- Pature of the past or the present day. True, these “eloquent” disconrses are often delivered with con- siderable elocutionary taste, but their audiences uniformely, (being human,) remind one of the lines— “Soft creeping, words on words, the sense compose, At every line they stretch, they yawn, they doze, And now to this side, now to that they nod; or prose, infuse the drowsy god!” But it is the influence and effects of those lectures which belong to the “poisonous” order, which chief- ly clam our attention. If people choose to sit composedly and listen to mere twaddle, and pay handsomely for the privilege,why, however little we canadmire their taste or esteem their sagacity, we cannot exercise much severity towards them. But when it is attempted under the guise of liberal and philosophic views of the human mind—the prospects of society—and the ultimate destiny of our race, to disseminate principles calculated to sap the very foundations of morality and religion, and to unhinge the whole framework of society, surely it is time to discover so.ie alarm. And intact nothing more for- cibly discloses the utter worthlessness of the mere party political newspapers of the day, than the uni- form indifference which they manifest with respect to the mighty, nois less, revolutions in public thought and principle, which are going en around themat ten thousand firesid What do we see at this mo- ment in this city—in Boston—in Philadelphia—in all our large cities, aye, even in our villages and ham- lets? Can we not trace the progress of that spirit of immaterialism, infidel philosophy, and latitudineri- anism in religion, which were first sown in Boston by Dr. Priestly, and which has gradually in- fused itself into great and influential classes of society in this country? The whole tenden- cies of the popular lectures delivered at our Ta- bernacles, and Lyceums, and Halls, have been, and are verging rapidly towards Owenism in political economy—transcendentalism m moral phi- losophy—and Unitarianism, scepticism, and infidel- ity, inreligion. False and distorted views of human nature and man’s responsibilities are becoming more and more prevalent. The old landmarks which guided our fathers, are disappearing from the bewil- dered vision of our modern philosophers. Instead of the healthy impulses which the true morality breathes “ into the torpid breast of daily life,” these drivelling peripatetics would give us a ruling senti- mentalism, fitted only to dissipate the mind. For the regalities of the genuine philosophy, they offer the tinsel of the actor’sgarb. For the helps and leaning places ofthe soul, amid all the vicissitudes of morta} fortane, which religion, rightfully understood, and in her own purity, free from the errors and defile- ments of cant and hypocrisy—gives,these nineteenth century priests would offer the treacherous stay of a broken reed. And yet where is the warning voice uttered against this desolating, cold, heartless spirit of infidelity 2? The clergy of orthodox creed are silent—the religious press is silent—quietly and un- opposed the new philosophy is working its way, and ptomises well, to inundate us ere long with the full tide of German Neology and scepticism. Still, although the evil influence of this well or- ganized system for the popular dissemination of ma- terialism and infidelity, iso apparent, and although much individual disaster must necessarily result, yet we can have no fears for the ultimate triamph of the truth. We have already approached the vestibule ef an era such as the world has never yet seen. ‘The floating mists of error and false philosophy, can- not prevent us from seeing, that the foundations of haman improvement have been surely laid. The most zealous dissemination of evil principles cannot quench that instinctive perception of the eternal truth, which has existed even amid the circle of the darkest superstition, been shadowed forth in the rites of the most savage tribes, and maintained ex: istence even amongst the cold idenlities of Greece and Rome. But juat in proportion as the clouds of error and perverted systems of morality, philosophy aod religion are dispersed, will mankind attain the of the taking of San Antonia, and the capture ot Van Ness, Fitzgerald, and others belonging tothe Santa Fe expedition, it is said that an order was sent on to shoot all such recaptured prisoners oa the spot. Through the interference of General Tornel, however, this order was countermanded, and Van Ness, Fitzgerald, and such others as were known to have been in the expedition above mentioned, have had their sentence commuted to ten years imprison: ment in the Castle of Barote, one of ‘the coldest and most disagreeable should prove true tl pealed to another court, by which the penalty was commuted to imprisonment during the pleasure of nearer to perfection and happiness. He is therefore no friend of his race and the well being of society, who can observe with indifference the spread of false doctrines in religionand morals. And it is be- cause we regard the present system of popular lec- turing, as having this disastrous tendency that we have again and again denounced it, by revealing its true scope and genuine character. Imvortant From Mexico.—On the 22d ult. the steam frigate Missouri arrived at New Orleans trom Vera Cruz. Among the passengers were Brantz Mayer, U. States Secretary of Legation at Mexico, and P. A. Southall, bearer of despatches to our g0- vernment trom Gen, Waddy Thompson, The character of the despatches which are borne by Mr. Southall, is not known; but from private let- ters, based upon the reports which were in circula- tion in Mexico, upon good authority, prior to the departure of the Missouri, it is supposed they relate to our pending difficulties in relation to American citizens, which, it is said, will be most satisfactorily arranged upon terms compatible with the honor and interest of the country. Indeed, the Diario del Go- bierno, of the 5th, takes great pleasure in stating that all the difficulties between the United States and Mexico have been definitively settled. General Thompson is highly lauded for his conciliatory and urbane course in producing this desirable result. Tt wasgenerally believed, in Mexico, that Santa Anna was opposed to all the projects for a new con- stitution proposed by the Constituent Congress, all of which were federal in their character. If such were really the case, he would, by thus retiring from the actual administration of affairs, have the opportunity of returning, ata moment’s notice to the capital, with an overwhelming force, and destroying the constitution when promulgated, or of shielding himself by fight, in a few hours, through Vera Cruz, from the enmity with which he knows he is regard- ed throughout the Republic, Those who have the best opportunity of judging, regard Mexico at present as in a most critical posi- tion, and possibly upon the eve of another revolu- tion will be a federal one. There is nodoubt that the new constitution ‘There was no authentic news at the time of the Missouri’s departure from Vera Cruz for Yucatan. The report that the Mexicans had been defeated sometime before was positively contradicted. On the arrival of the news at the city of Mexico ese lenoney country. Evenit it at this latter sentence has been passed upon them, we think that when the circum: stances under which they were taken prisoners this last time, become known, there willebe a still further commutation of the sentence, if nota full and im- mediate pardon and liberation. The other prisoners will not suffer in the least. The first court martial held in the case of Antonio Navarro, sentenced him to death. From this he ap- the government in some healthy place in the republic. As soon as this was made known officially to Santa Anna, he dismissed all the members of the last court martial, and appointed othera in theirplace. It is impossible to a what will be the fate of this unfor- tunate man. He is still in the prison of the Accor- dada of Mexico, is well, and hopes are entertained that he may be liberated after the violent feeling in Mexico against Texas has subsided. We have no ides that his life will be taken. The opinion of one of our most intelligent corres- pondents in relation to Yucatan affairs, is,that Cam- peachy would surrender without firing a gun. Ano- ther gentleman, who is well versed in Mexican af- fairs, is strongly of the opinion that there will be a battle, and that it will result in the entire defeat of Santa Anna’s forces. The Mexican troops com- menced their march from Seyba Plata towards Campeachy on the 6th inst. The next arrival will probably give us the whole story. Accounts had been received from Tabasco to the 6th of November. They announce that several at- tempts had been made to produce new revolutions against the authorities of | the central government. A new law has been promulgated in Mexico res- pecting the postage on foreign periodicals, which are hereafter to be received free in the ports, and if sent to the interior to pay such postage only as Mex- ican publications. Laneasterian schoolsare to be established through- out the republic, and the expense to be defrayed from the pe treasury. There have been severe storms.on. coast of Mexico, which has. done c ern erable da- mage to the shipping. We have received still later intellig*nce from Brazil. It is as follows :— General Barao of Caxias, the Pacificator of the Provinces uf Maranhae S. Paulo and Minos, has been appointed President and Commander in Chief of the only disturbed Province in the Empire—Rio Grande. Great preparations have been made in Rio de Janeiro to send with Barao a force sufficient to subdue at once the insurgents. All the Provinces were quiet, and the election for deputies to the General Assembly, have already been made in many of them, and unprecedented in the his- tory of the empire, without any disturbance. The majority of votes were given to the government party. In the Province of Rio Janeiro the elections were not over, but all was going in favor of the go- vernment, and by the votes already given the Secre- taries of State that are not Senators, are to be chosen deputies, The General Assembly isto be open on the Ist of January. Two new corvettes have been put in commission; one at Rio de Janeiro, and the other at Bahia. Free population is very much wanted in Brazil. Artisans and agriculturiets will do well to emigrate to that empire. Tue Markets anp tae Watcu.—The proceed- ings of the Common Council last evening will be found very interesting, and a synopsis of the report of the Comptroller and counsel of the Board, rela- tive to the rents of the butchers, &c. will be found conclusive against the refunding of any moneys paid by the butchers either for premises or rents.— The whole subject is set down for the order of the day on next Monday evening. - It will also be seen that the pay of the city wetch- men has been increased to $1,25 cents per night, from the 1st of November last to May Ist, and $1 for the remainder of the year. Furrusr rrom Brazit Mr. Branam’s Concert will be giventhis even ing at the Society Library, unless the weather should be so inclement as to require its postpone- ment. Mr. Braham will sing ““MacGregor’s Gather- ing” and that brilliant new song, ‘The Family Meet- ing.” Mr. C. Braham, whose improvement has been so rapid, and whose powers as a vocalist are now so well established as to secure his right of succession to his unrivallad father, will sing “The Transient Hour;” and ‘‘My Barque is on the Sea.” It does not require any thing beyond this mere an- nouncement to secure a full and fashionable audi- ence on this occasion. Smirwrecx.—A person from Provincetown, Me., has just given us the following particulars of a wreck —but without loss of life :— Captain Sturgis, of the revenue cutter Hamilton, wishing some time since to land at Provincetown, having business there, and it heing dangerous to go in with the cutter on account of the state of the wea- ther, manned the “ Francis’ Life Boat” belonging to her, and landed safely through the surf, leaving part of the crew in charge of the boat. During his absence the storm geteend so that the men could not keep the boat off the rocks ; in consequenee of which, she stove in her bottom on one side from end to end. On Captain Sturgis’ return with Mr. Cook and the remainder of the men, she was got bows to the surf, manned, and pulled out without faa to the cutter, eight miles distant, (she having drifted in two miles) though all this time her bottom was stove in. “(G- The New York Maseum, for time out of mind,‘has always borne the reputation of being patronized by select and highly genteel audiences, and under its present ma- nagement it nebly sustains its character. The manager, in reducing the price, conformed to the depressed state of the times; but it has not in the least degree detracted from the respectability of the establishment. The elite of the city may be seen there every night. Signor Blitz, the unapproachable, inimitable, unrivalled, and incompre- hensible, still delights his visiters with hie extraordioary feats—what with his ventriliqaism and dance of seven dinner plates, the evening’s exhibition is rendered highly entertaining. Miss Clemence, the danseuse, Mr. Delarue, ‘ec. A performance to-morrow afternoon st 3 o’clock. > rior Court of F's house was well built dug some _ Oty Bafore Chief Justice J , fork below Fg welicend 70. he at ny oom that they did not separate ; of of ‘Hilliker and for the past few days have Dec, 5.—The Court was occu; od duking & up shores was done for sometwo to Sie . past tion of the morning with the call of j up ; agreat storm occurred after deaaigaceeame! Justice two of the most pro- The perry oberg $25. 3 the hendetion of F.’s house to settle | mi of ome of the gangs.of counterfeiters that infest our The case of the American lusurance Company vs, Matt. | jj ‘after the storm ; the water ran Im from the | city. Theirnam¢s are Silas Deane, an old State prison Brower was set down for Monday next. street ; someof G.’s rear wall was put up at that time ; radian ae Before a full Bench. f the storm caused the lower part of Eos trot angle to be. | bird, ond Joseph Dilks, his asseciate. Dilks made a pro- Appeal fon a0 onder made 7 the Caet ~— Fa oy wey shout the 25th Jnl. tae remained = position to sell counterfeit two dollar notesof the Otsego a ambers, win, an attorne’ deco rom time to October ; bail—The Recorder bed justified and it wa 5 the house kept County Bank at the rate of $15 per $100, and while in the ly thing asthe trench was dug ; but more in front than in any other part. Some thee fa August it drove the family from the house to the stable, where they lived two orthree weeks. by O'Connon—They dug 13 oF 14 feet urged that he had no power. it Chambers had said that the practice of the English la was against the attorney becoming bail, low it that the case might be ei before the Cou! It was now urged that it would lead to oppression and ex- tortion, and it was contrary to the principles ot law, page 535-15 Johnson, wesa case in point ; also 1 Wendall, 35th page, where the court decided on a writ of error that the Galt of an nener ‘was not good. fpetogtes was made for costs in case the bail was everruled. Motion by Mr. Biunr, in the matter of Sanford vs John A. Scott—It is an action of trover—the trustees were properly appointed. ‘The action was brought by them to recover the amount of some lumber. e question is whether they have a right, as trustees, to bring this ac- act of delivery,thetwo rogues were caught, and the “boo- dle” coataining three packages of $400, found in posses- sion of ason of Dilks who was among the party. They were all committed. Cononen’s —An a meyer oy Deooek pg i oy Cross-examined along the whole lineof F.’s house, four or five feet below his foundation ; the storm came on about the latter part of June or the first of July. Jous Harniort,—I am a mason, and know these pre- Rouse was es ordinary old house; Itwésin May 1800 that house was an ol 5 itwes y that Mr, G. began to pull down his house; after he had got it cleared away, he dug down his foundation about as low as F's cellar; he then commenced about five feet off from F.’s house, and dug pretty much the whole length of F.’s line towards Broadway, five or six feet below F.’s foun- ee I wreaetey, un., On at the house of Jatnes \braham Mabie from tion. It was al that the allegation was false, and the | ation; then *ome arrangement was made to support Fs eee andother wounds, which caused almost iostan- proceeding melicious. A motion was made for a receiver. | wall. ‘Brown went to work end shored up about half of | taneous death. No blame to McGinnis the engi- but bagi rida his solvency. The trustees had filed | ¥.’s wall; this was about the first to the middle of June; | neer or any person. Vi accordingly. another in Chancery against Scott for using a portion it after Brown shored up that half; I unger pinned we together dug out what was left; Frantzkes employed me to dothis; the witness gave it as his opinion that it was impossible to dig and put up the foundation by sec- tions, as described in the opening. Plaintiff employed me; L put in posts of granite; we went down to be as low as at; ‘Temrenance Gamecens.—On Sunday morning, about Jo'closk, as Assistant Ceptain Devoe, was passing the ‘Temperance House kept by Wm, P. and Isasc Valent at 170 Fasex street, he stepped in and found a gang eb Fee Unk nse ey Mir of the debts of the copartnership. In the action of trover, they seek to hold h'm to bail in $1500. The care was sent up by Judge Oakley trom chambere. It was contended that there was no ground for an action of trover, and at all events could not authorize the holding to bail. " it, Geo, Nathaniel Pearce, vs. Gilbert Wilkins. Application by | the bottom of defendant’s cellar; he had then began to ‘and Ro! 1 eae for yud, yen prrbaf ad joo md eee build his own wal betas we began this, ms roar cor phat bets the upper ics were ‘hook # each, suit was two years ol commission was in or had started; G.’s workmen lug a sink there; . March lost fo2 the examination of one Horatio Gent: | nvet 4 and toahulne odeid | eccrine ee worth, which commission had not been returned. A bill wwe hail dagged down and under-pinn ol discovery hed been filed by the plaintiffs, which had for I understood that the tenant in the then Breoan Bor rocnp Drap.—A boy, aged about twelve ther; yrars,whove nameisunknown, but’ who has beon not go any lower part would not let Brown in, and I soon” not been answered. Mr. Edmonds opposed the motion—| work. A hole 10 or 12 feet long, and 5 or 6 fect in company with a man ing from door to door, was the countel ought to bave obtained an order to vacate the | piaintinie foundation, was Teft open ‘by deleadant's men | £42 Gead inthe lumber ye otvoh i. Cashing sorner order stay rocevdings. e Court were of opinion fi eeks I should think; I could not dig in sec- i if that thegrder hed been waived, -but there was reason t0 | tn alow ena Abin trace of his ‘could be ascertain. up; the ‘reason, why they lef work was because scared, end were obliged to they put up ir outside walls! think; atthe time of the storm the water threw down a part of G.’s foundation; the water came off plaintiff's roof into the cellar in digging the trench, it caved in; Idon’t think ; they did anything to support wall until Beck: { weil went there; if they had shored up, as Beckwell did, 1 don’t think the house would have settled; I think that Beckwell put down needles; the foundation had started before Brown was employed; afterwards defend- ant cut away brickwork and part of FP Somes and that caused the house tosettle again. (Mr. O’Conner ob- jected ty this because there is an action of trespass pend- ing for this trespass. O'Connor afterwards withdrew his objections.) They began on the year to put up their cel. Jar wall; in consequence of the digging, F.’s house settled cate-cornered, 4to 6 inches on the front corner, not so much inthe rear; I made the repairs upon F.’s house. ‘Their bill in 1889 was about $400. ined by O’Connon—In 1839, the practice was common of digging cellars as deep as gas was. The ground here was dangerous, and the only safe course was to needle it; there were at that time persons whose regu- lar business was to supply and apply needles in such cases name or place of ed, and it is su) , that having no home, he took shel- ter among the lumber in the yard to protect himself from the inclemency of the weather. The Corener’s jury re- turned a verdict of “ death from exposure.” Fevum tHe Dock ann Dirp—On Wednesday night Jast, a man named Russell, fell into the slip tween Roosevelt and Dover street, while in a fit of intoxi- cation, and on being taken out was conveyod to the Tombs, where he was committed as a vagrant on Thurs- day morning. It was soon discovered that he wes sick, and Dr. Macomb, physician of the City Prison, adminis- tered to him, but the diseased state of hi ‘was such, that he died on Saturday from congestion of jiver and bowels. renew the stipulation. The plaintiff to pay the costs, for not being reniy to proceed to trial. Jose L. Dias vs. Bouchard.—Demurrer to 2d, 34 and 4th pleas in the declaration. The declaration is by plaintiff as executor, against the defendant as plaintiff’s co-surety for Castro. In the declaration, the defendant pleaded first easrecns issue, and four special pleas. The three first special pleas were s complicated trust, and the demurrer must be sustained. By the fifth plea, he sets up that after the execution of the trust, he petitioned to be relieved from dehis due to the United States, and among others the Present bond. On the receipt of this petition, it was offer- ed by Bouchard, by an instrument that he sheuld be dis- charged ; and Levi Woodbury executed, and gave to him a release on condition that he should pay the Attorney of the United States $1000 as aconsideration. He did pay it, and now setsitupasabar. To this plea there is a gene- ral demurrer, and this calls into consideration the vali- dity of thatdischarge. The demurrer admits the fact, and consents that the iff be discharged from his liability. as paid the whole bond of $6000, and portion from defendant as co-surety., ndant has been discharged by plaintiff's consent, t! object of which was to discharge defendant without di Le Tort.—This original and extraordinary equ made his first appearance this season atthe Bowery theatre last evening, before one of the most crow: brilliant audiences ever assembled. This great horseman has evidently improved in many of his feats, but he la- bors under the disadvantage oftbeing compelled to ride a horse that is unaccustomed to his mode of riding. Oscar Defe charging the plaintifl. Thedefendant must have known | as this; this remedy is very effectual. T was employed to | Stone, of whose beautiful pantomimic scene on horseback feratly je fcc aan Frater eater 3 A sav & in the award BN She we bi be foot under F.’s | we shall speak more fully hereafter, won immortal honor recover defe ‘o' q sside; it ran back about way. 1 ii it not be in with his act ? The release disc! ouse, on G's side; it ran back about half way. 1, was | by hiesplendid achievement last evening. Mr. 8. B. Howes employed by } settled a little; as to F.’s old wall, it was made out of red building stone, which used to be used at that time. G.’s house was a frame house, with a brick front; it had been burnt shortly before. The needles spoken of, are large andthe other equestrians, received the most unanimous testimonials of public favor. The whole performance isto be repeated this evening. him from all liability ; but if Cad pm poh can succeed in the cause, he renders void the discharge of the U: States. and defendant would be compelled to pay plainti He paid plaintiff $1000 as a consideration. If the contri- butor’s part can be regained by the plaintiff, he loses the | timbors run through under the wall, resting on the cellar | ee value of the release, and the consideration he has paid for | fiver or blocks, with tthe elite Goa. ‘ke de , y it. Ifthe plaintiff had himself released the defendant, he | of the needies‘requires the ground on both sides of the BY THE SOUTHERN MAIL. certainly could not call for it. Can hedo so now under a release from hg he with his consent? The case of Seymour against Minturn does not apply. The absence ofall consent on the part of Seymour to the release by the Bank of the United States, was held to be an important in- gredient. Minturn failed and there was a gener al release Siren him. Seymonr was called on to pay the note, and then brought an action to recover the amount from ‘Mi turn. But the Court held, aud we think rightly, that ti release only applied to existing debts, and not to contin. ent debts, and the release of the bank could not have at effect, for it did not release Seymour. The Court are of opinion in this case, as well as on principle, that this release is well taken, and the demurrer could not be maintained. Judgment against the plaintfff on demurrer, but on the fitth the demurrer not being well taken, judg. ment for defendant. Butchers and Drovers’ Bank vs. Benjamin F. Brown.— This was an action against defendant, as an endorser of aninland bill. The defendant is sued on the endorse- ment. The bill was protested, and no time of its payment was given. To prove the endorsement, the clerk of the court was called, and he swore to directions ate tie given him in relation to any so marked, as he, de- fendant, held securities for all amounts so marked with the figures 198.- It further that the bills were first endorsed by Dearborn alone. | ‘They, ware protested at such, and the endorsement, Dearborn & Co , was not writ- ten on it until afterit had been protested for non-payment. The President was in the habit of discounting notes durin; wall. I went on, and put up the wall, and the needles were removed. There wai some settling; you cant un- derpin without some settling; the settling in this case was slight. ‘The excavation for the privy, or the rear comer, was wh three CA ao feet off. Prowl the Cerny spoken of, objected to Brown’s putting the needles jremises, Mr-arowa intoraed me, © ‘The Court here adjourned till to-morrow, (Tuesday) on account of the ill health of the Judge. James R. Whiting and Prescott Hall, Esqrs., for plain- tiff} Mr. O'Connor and Mr. Schiefflein, for deiendaat. General Before Recorder Tallmad; ge ‘Lynch. William M. Price, Esq., Act District Aitorney. Dee. 5.—The December term of the Court commenced its session this morning. The calendar consists of the following cases :—For murder, 2; rape, 3; forgery, 5; bur- lary, 10; grand jeremy 12; receiving sto! 3 fine pretences, 1; illegal voting, 1.—Total, 35. ious- ly convicted, 2; previously indicted, 27; witnesses in pri- son not able to give bail, 3; disorderly persons, 3.—Total old and new cases, 70. ‘The names of the Grand Jury were then called andthe following gentlemen sworn:—Jacob Aimes, foreman, Benjamin Blackledge, Wm. C. Cornell, Quincy C. De Grove, Daniel Elliott, James Fickett, Samuel Griffin, Ed- ward Flanagan, Philip Henry, Joseph Isaacs, John Knowles, Walter L }, Patrick Martin, Nicholas P. Moore, James Miller, Richard Nelson, Jonathan Purdy, Important From Mexico.—a letter received in Philadelphia, dated Mexico, November 8th, states that a treaty had just been concluded between the Mexican Government and our Minister, General ‘Waddy Thompson, for the payment of the awards made by the late Convention at Washington. The payments to be made ir instalments of one-twen- tieth every three monthe, and the proceeds of the Mexican Custom House and of some of the taxes, are pledged to the American Government for the fulfilment of the treaty. Tue Fmst Day or Tur Srsston.—This being the day appointed for the annual meeting of Congress, both Houses will be called to order in their respective chambers at 12 o’clock. a The officers of the two Houses remain unchanged, ie same as at the close of the last session, as fol- jOWS :— {x rH Sexate.—Willie P. Mangum, President; Asbury Dickins, Secretary; Edward Dyer, Sergeant-at-Arms and Door Keeper; Robert Beale, t 5 Ix rme House or Rerngsuntatives—John White, Speaker; Matthew St. Clair Clarke, Clerk; E.M, Town- Doorkeeper. Hone Sethe knot cige and appeteton yc 'the dofeciss, | Thompson Price, Thomes Rows, Eghert Starr, Charles P. | #04: Sergeant-at-Arms; Joseph Follansbee, It woesneertac tgltatiguonetise consiiuted’s guaran: Bin} he nny Abekgataanne ry pebes, bans irae ' ipso theo Aig tee, and not an endorsemeut. In the subsequent stages of Jag tity teen thay ratiredio ‘heir'dwe Philadelphia, the trial, it was shown, that Soorpramise hed been made, bios in a general sense, when they - {Co dence of the Herald} anda couple of notes were taken in discharge of the claim g j ofthe bane 444 aealled gaty the detuadeny. Asta the 5 Thabane of she pekinese called, and thirteen Purapetruta, Dec. 5, 1842. obligatory force of the endorsement, it is alleged that a eee ee les Come wes Melia: hehe BA: Dear Bexnert— : pte eres peers Sat gle § Groped sy gees Deesite ward Kelly, natives of Ireland, were arraigned for triaion | In the case of Alexander a new scene in the dra- ma has presented itself. Just as I predicted in former letters, the plea ofinsanity has been entered. Herry meaning. The custom of merchants was that the name should be written in full. This cannot avail. It is set- tled that pencil writings are sufficient, and if the en. the charge of counterfeiting silver fifty cont and ten cent pieces ‘hey ‘were indicted for a misdemeanor in this ‘ourt for trial, as the United States law does not cover the ‘i crime of having in n, unless it can be satifactorily | M. Phillips, Esq.,the junior counczel for the prisoner, Tarp to bobt him. There were several anstances in | own that the same persons were eoiners, ‘The coansel | ooened for the defence this morning, in a brief and Pode: rho a of ma nee Dee ae feoot wil plea of gaily, 2m order to obtain as punishment as | pertinent speech; after which ceveral witnesses were clear and conclusive that the letters were written by the pene Reins ha Ey te, Sinn tate aoe called and examined, and numerous depositione pre- defendant, and he must be heli to his obligation. ‘The dis- | laced on tele), and tacok Hoye, Tigh Comm previges in. | sented and read, in all of which a studied, and I tinction taken between the law and the custom of mer- chants cannot we think avail. In an action by a stranger, such might avail, but as between this defendant and the parties to whom this signature was known, the rule cannot apply, if it apply in any case, forthe cause fa: The same c ms are an answerto the ground that the in only a guarantee. It was not so intended, but was given as an endorsement. The next objection is the want of effect in the title of the bill. It seems to have been drawn in favor of Dear- born & Co., but the discount drawn by Dearborn alone. The defect does not seem to have been discovered until after it was protested. Then the defendants are applied to tocorrect it, and they did so correct it. The i had the beaeficial right and interest in the bill by dis: counting it. The want of the name of the firm wasa matter of form, They could have been made to give it by formation received, in company with Justice Matsell, Clerk Ostorn, and officer Tappan, he entered the premi- kes occupied by McIntee and Kelly, inthe third story of the house 269 Stanton street, and there found a number of fifty and ten cent counterfeit pieces of the current coin of the United States. On searching the parties es of the spurious coin were found in their pockets, and the wife of McIntee threw some of the coindown a hole in‘the floor of the room. Justice Matsell the evidence of Mr. Hays, and also certified that they found an iron skillet in the room, containing metal to manufacture the coin, with moulds, plaster of , callipus, and other imple- ments used by counterfeiters. The defence provet by se- veral other persons that the previous character of - er was good. Mr. Paice for prosecution stated as the reason that the doubt not succeseful, plealof insanity was attempted. The captain of the steamboat Constitution, plying between Baltimore and Frenchtown, on board of which Alexander was a passenger, swears inthe most positive and conclusive manner to his insanity. As such he received him—as such he treated him— and as such he placed him in charge of the railroad conductor. The depositions taken in Kentucky, din treutal sabetage of tae Pemoner: “Verity, this biosdy grata en indeed deme farsical cltarac- ter. ilton J. Alexander, like the cold, premedita- ted murderer, Wood, will be acquitted solely on prisoner was not indicted for in the second d bill in equity, but having done so voluntarily, it could not under the statute,instead of for mi , that the the stale and absurd ground of insanity. Oe ee Tn eee hee ett eek a Pon | trict Attorney for the county, as well as Mr. Ogden for AUB o' lock, the apiaion ofthe three Judges was United States, upon consultation, coricluded that there was some doubt of the jurisdiction of the Court of Sessions over the offence; if the prisoners had been indict- ed for forgery in the second degree. They had therefore concluded to try them under an indictment for misde- meanor at common law. ‘The jury, after ashort absence returned a verdict of guilty, and with Kelly the prisoner was remanded for sen- tence. Grand Larceny.—A German named John Vant, a watch maker by trade, was then tried on a charge of Grand Lar- ceny for stealing clothing and «2me silver spoons, valued adout $90, from the lodgings of John Kraw, 274 Broome street. It was proved that prisoner boarded in the same given in the case of McEwen and Shea. Jud; Barton and Conrad were united, adverse to the application of the prisoners for a new trial, but Judge Doran differed from his colleagues, and was favor- uble to the application. Thus, Tipe ise iaing mat- ter has been disposed of, and no honest mind exists in this community who does not believe in the jus- tice, tor once, of the decision of the two first named Judges. The crime with which McEwen and Shea stand convicted isa bold and infamous one, merit- ing the utmost petalty of the law. The prisoners were immediately taken in cuarge by the proper officers, and will be sentenced on Saturday next. against Dearborn, which was afterwards compromised, and the agent of the bank was willing, if it did not invali date the claim aguinst the drawer and acceptor. Au in- strument was given, but nothing was to invalidate the re- pepe: of N. B. as against the other parties. By this the Bank reserved the rights of the other unim. paired as against defendant. Wethink on the whole, the making of this compromise and this instrument from the bank, relieves the case from all difficulty, and thet branch efthe defence: must fail. But it is contended by the de- fendant that he has the whole right to the compromise. On the other side it is contended that he had not that right. It is not a case involving fel rays of application. There is an entire compromise, the eum ‘was towards house with Kraw and when he left the goods were mis. all the obligations. It would not be just that the defen: | sing. On the arrest of prisonera portion of the clothing | _ ‘The ship Sybella, which hasso long obstrubted an toother claims, ‘The money must be divided among all | “#* found on and about his person, amounting In value to | important ge in the River Delaware, below the claims. Judgment for the plainciA, and the propor. | fvedollars. The jury returned a verdict of larceny | this city, 1s now lying at our wharves, above tionable part must be paidon iaguee only, and the Courtthen adjourned till Tu morning | Walnut street, having been raised by some enter- Judge Tallmadge differed from the opinion. Was this | * 11 o’clock. prising citizens from your city. Her cargo at the an endorsement to the custom of merchants? _— time of the ter, was considered a valuable one, consisting principally of crockery ware, railroad iron, slate, &c. remains almo-t entirely in the ves- sel, in anundamaged state. The Government offi- ceraof this port had Cres heard of her bei raised, before au Inspector of Customs was hurr onboard to look after the duties upon her one ‘This isa small affair, when the benefits resulting from so great an enterprise is looked into, and the ay yea yp a ntlemen beste been at in getting the long lost la above water. ‘There were several arrivals ye terdav from for- He thought not. The interests of commerce required that the name should be signed on a note in that form, in which it was most notorious. He held the defendant not cl able on this endorsement. As to the other points of tne case he agreed with his associates. The Court will commence this day with a double ca- lendar. The Court then adjourned. Court of Common Pleas, Before Judge Ii am. Dec.5.—Frederick W. Frantzkee v . James Gemmel.— Mr. Whiting opened the case for the plaintiff. He stated Eprror or THE New York Heratp:— There isa strange story which has been whispered in some circles for the pen few days,that John C.Colt, the murderer, had he not been convicted for the murder of Adams, would have been on trial for another murder. The story is, that a person resident in Detroit, left hishome some two years ago, and started for this city and has since never been heard of. ‘The last he was seen was atthe Bowery theatre in company with Colt, as the story goes, who was that there was an action on the case to recover damages A ‘ pe s Ay 4 which the plaintiff had sustained to his building, incon. | W¢ll acquainted with the inset eae eas gin Rieke preety ie gh ty facia sequence of defendant’s up another buil along } tt f his dis ice a vessel srri at New Onc from. Be! "Tals eatgoes. were side of it. Mr.Gemmel’s house is on the corner of Reade | Orleans from this port having on board a box con- | Currency, from Bermuda. tg The street and Broadway, and runs some 30or 40 feet north to | tai ca human body, addressed to a fictitious name | quite valuable, cons in on meee. ‘ the house of Frantakee. Frantzkee’s house has been built | of a physician in the interior. ‘The box was handed | navigation to-day, is still somewhat obstructed with actis 90 06S) Yeasts, end is what is called an ancient house | over to the authorities of New Orleans, who pre- | floating ice, but the mildness of the weather will in law. On the corner lot was a woed building, without | suming it tobe a subject for anatomy, thought no | no donbt soon cause it to any foundation, when Gemmel bought it. In'building his own house, Gemmel dug some 10 to16 feet indepth, and 10 or 12 fect below Frantzkee’s foundation. The rule of law on this point is, thet when the neighbor’s house is what is in law called an ancient house, the other builder Considerable anxiety is manifested for the Mes- sage ot dent Which is expected to ar- rive in this city at an early hour to-morrow even- ing. Itis generally believed, that it will prove an uble and important document, displaying in a fear- more of the matter and buried the body. The eb- ject of this;isto ask you whether there is any grounds for such a rumor—and whether you are able to throw any light on this strange story. If it be not true, it should be contradict It isalso said that District is obliged to sustain it at every expense. Mr.Gemmel was therefore bound to take extra care in hisown house. Mr. Vrantzkee’s wall was well built. \e proper course for Gemmel to have taken, was to have dug down end put up his founda ion by sections of three or four feet atatime, and with great care. Instead of this, Gemmei commenced 4 in the rear, and continued on the whole length of the line till he reached Broadway. But Mr. Frantzkee’s house was so well built that notwithstand- ing the four or five feet below the foundation, the k and mortar held together so firmly that they did not separate. It wasthus left exposed fora great number of days. In the mean time Gemmel went on to build up his front wall on Reed street and Broadway. About that time a i pent et cameon, which car the foundation of Frantzkee’s house to give way, and the house itself tilted over. Gemmel still wenton with his work, and Mr. Frantzkee’s house became so di that the doors got out of order, and the windows would not shut. Some dif ficulties also occurred between the families. Gemmel less manner the views of the President on all the important topica which are likely to engross the at- tention of the prosent Congress. We shal) see. The excitement 3 in the Sat ae Row” still nues. Rumor upon rumor in eve direction, “Who will be Sheri? ena wil be the new Judge?” ‘Who's got that, and who’s got this office?” are questions that meet you at every step! Indeed, the front of that sacred Hall, within whose walls the Declaration of our f lence wasfirst procluimed, presentsa scene d (Sun- js eo that of all description, and which inflicts a stain Bo Site character upon ihe vacua and intelligence of the city of “‘Brother- ly Love. od “A The P Ivanian appeared this morning as a. two cent cash paper. The National and Attorney Whiting has all the facts of the transac- tion in his possession. C110. Cuatnam Tusatre.—A magnificent bill is offered this evening, for the benefit of Charley Mestayer, the favorite comedian. The drama of “ Adriani, the Brigand,” “Match in the Dark,” ‘ Middle Temple,” filth act of “Richard If.” and the “King’s Gardener,” with a great bags other popular entertainments, are enough, in con- science, to crowd a house thrice the dimensions of the Chatham, and will undoubtedly fill that fash- ionable place of amusement from pit to dome. Go early and secure seats. ent on and cut off the gable end of Frantzkee's house, - Evening Courier are united, and appeared this and in 0 doing eat of the chimney of Frantzkee's house, | OG» Baxxox, ofthe Amérioan Museum, is always core | morning, for the first time, under the new arrange Fevonga Sot wana o's wou Tatas ore ot | ring onetime i Erdshtent ls vihor | maak Eeesant agers (her makes wl be el the werk Mr, Frantzkee was obliged to remove into his | AS editors, he lete us ye fs secrets, and we | Tonight, the (wo Miss Cushman’sappearin ‘“Lon- woodhonse. He wasafraid the house would fall. Some | can say, that to our knowledge he will, in the course of | ‘7 ” at the Walnut Street Theatre, thought it would fall, and some thought it would not. We | one or two weeks present one of the most extraordinary the benefit of Mr. Phi and two more unive! now ask for such damapes as are fair, and as will satisfy that has ever astonished the world. On Thurs favori i Phil the ends of justice. novelties vorites with a ‘appear- Evipenci.—The firet evidence offered was the deed of | day noxt, Thankegiving Day, he will also exhibit, for the | ed in the same On Sa eck: Dis, Coster to Me: rants kee, dated May 18, 1897, for 990, | fret time lala country, the most wonderful tiving euri-| ing, the house was Ween iset tis cecsens and oie, Yar Bonne was called te, peers hil Cron. yodlee aang cord. Os Sethian reer ke ein hh et, Ah ‘ie Md O’Conno! ‘idence zi n omen the, re viens siti Thankegiving. Barnum has now several agents in for- ae really ‘y Gi offe eign countries collecting novelties for exhibition. st his establishment. One gentleman seiled to Portugal pur- Pposely for him last week, another leaves this week for proseriptive Fight. Mr. Whiting sald he ce withou ific purpose ; he [ict festa tatecaam, dtgeetce aled the m, and Mr. mor exes ‘The witness testified that the building was built asearly 2s 1804. Downwards on the corner next Englond. Winchell performs this week for positively the | **e walls it will he here wat an old wooden building ; Tam last time. “His Old and Young Mick beste all ereation=-! eater opens as an Amphitheatre,ha: “ae Gantt baw cook eae The Gipeey Gis! yesterday removed the DiDAE Aakusion | fat", ?e Aavesriam Compan pu Ray. Por they dn a ong the from many minds, Her evidences are soripturel and con- | mond & Pratt are worthy ' men. : Way 5 the depth was bara The Olympic Ciretis is doing an excellent business $01 eooanties rede Aerivals, ip our city, and Welsh, the popular manager has irteue tne By ‘lors were put up vel, Fase ee ? ~s uy eo tho Bridgeport ss compelled to are ot, per tier to 4 ; vat from Lowvi 1. ¥., Congress, Sevo- second, building ; they were some ten or twelve fect ae ee ral sthee gu + ae bs t oa as house wes some thirty feet high, or three story hig!