The New York Herald Newspaper, January 2, 1843, Page 2

LS NEW YORK HERALD. New York, Monday, January 2, 1843, fc» No paper will be issued from this office to- morrow. To-day is the annual holiday. An Extra at 10 o'clock to-morrow, with the latest news. A Harry New Year.—As this 1s the day to be celebrated with annual calls, cake, wine, and good feelings, we commence this morning with wishing a happy New Yearto all oursubscribers and friends. Judging from our own feelings of general peace and good will, we have no doubt that this is indeed to be the year of jubilee,and that the Millennium has already begun. We, therefore, recommend a uni- versal amnesty to all delinquents—wipe out all old scores and begin a-new. The prospects of the coun. try were never more favorable, and we know of no reason why kind thoughtsand happy feelings should not prevail—why the bankrupt law should not do its work—why creditors should not forget their deb- tors—politicians forget their quarrels, and all -hands unite to usherin the Millennium. Assumrrion ov Punric Denrs BY THE GENERAL Government.—One of the most liberal and generous propositions which have come of late before the public, is the project of the Hon. Wm. Cost John- son, to pay the State debts, out of the revenues of the General Government. We know Mr. Cost Johnson well. Hes a gentlemen—a generous man —a polished person—and thinks with equal ease and acuteness. The following is his famous letter :— Haut ov Reraesenratives, ron, Dec. 20, 1842. It gives me pleasure to fu you with the subjoined statement of the State debts, as furnished to the Secretary of the Treasury from the States which reported to him last year, and which he furnished to the House of Representa. tives at the last session :— . Ausrnact Starement oF tHE Dents oF THE SkVERAL States, TERRITORIES, An Ss REPORTED To Conoi or THe Treasuay, June 25, 1812. Total amount Total ameunt Amount out- F Coe authorized. issued. standing and unredeemed. ~ $1,734,961 47 = wusetts, $6,469,137 00 "5,424,137 00 $5,424,137 00 Pennsylvania, - = 00 Maryland. = City of Washington, = Alewandria, D.C. | = Georg ce, - Virginia, 6,991,307 54 s srolina, 4,152,232 23 entucky, 5,916,000 00 10,924,123 00 - 12,751,000 00 11,858,000 00 Fogo = 3,072,261 00 3,072,261 00 3,210,500 00 6,186,666 00 4,898,166 00 $186,110,233 97 statement may not in all cases be correct at present. The aggregate debt would be much larger. Some States no report. For instance, Maine is not included, and has a debt of about $1,500,000. The debt of Virginia, fam tol, is about $7,000,000. The debt of Pennsylvai ,000,000 ;'and several States that have author. sue and sale of bonds, their debts have been aug- y the sales since the report was published, and many of the States have augmented their debts by an omis- sion to pay interest. I also take pleasure in fury with a tabular statement which willbe the bi ill which I shall report for the ‘‘ Relief of the States.” The tabular statement which I published with my recent address (o my constituents,was predicated upon the present sentation in Congress. The following statement is » the same principle, but so modified as to be icable to the present apportionment law. vo hundred millions of dollars in Government bonds divided among the States, Territories, and District of C lumbia, placing the Territories and District of Columbia upon the basis of one Representative, allowing one lion for each Senator, and the residue »presentation,upon the basis of the last law, woul’l be a fraction of a cent more than $651,982 38, for each Representative in the next Congress. The pro- portion for each State and Territory will be found in the following table, viz : $6,563,876 66 w Hampshire,» 4,607 ssachusette, ‘Arkansas, Michigan, Florida, Wisconsin, Towa, Dist. of Columbia, $20,000,000 00 n will ultimately succeed, {have The people ¥ 2,651,982 38 5,911,891 25 11,779,735 70 7,967,841 42 Kentucky, That my proposi not allowed myself to doxbt for a moment. are far in nee of the politicians on thi they always are upon every thing that liberal, a carried, Let no temporizing, compromising spirit in- fluence the'r course, but boldiy and consistently adhere £ $200,000,000 of stock, and many of those who use in alarm will advance to the pool when the People tro I have the honor to be, and obedient servant, espect, your friend W. COST JOHNSON. We entirely agree with this project, with’ one slight additioa. Why not include all the debts of the private bankrupts, now before the Courts of the United States? The aggregate amount of their schedules is probably equal to $150,000,000, more or less—but if the General Government means to open her liberal purse strings, it is just ‘as easy to an- nounce the payment of $350,000,000, as of $180,- 000,000. It is true, there may not exactly be in the U. S. Treasury at this moment, a sufficient surplus to pay the annual interest on this sum, but what of that? Itisstated in the Mephistopholes of Goethe, that there is an immense gold mine, ex- actly under the Capitol at Washington, and the only difficulty is to dig down to the centre of the earth to get at it. That can be done cheap in these cheap days. Fiaes—Anson—Burorarigs.—The crime of ar- son, which is punishable with death, by our laws, has recently been rapidly on the increase in this city. Developments connected with the arrest of several burglars lodged in the Tombs within a few days, have brought to light no less than fifteen cases of arson, in which it has been shown that after plun- dering the premises of all that they could carry away, these midnight marauders have then lighted the torch of destruction, in hopes that the flames might cover their misdeedsa « peve search for the stolen property. While such a state of affairs exists in our city, the public authorities should be unceasingly vigilant, and the Mayor, asthe head of the Police, should of- fer liberal rewards for the arrest and conviction of those concerned in this double crime of burglary and arson. There is reason to believe that the recent fire in Maiden lane and Water street was produced by such agency, and a concerted plot on the part of the burglars that now infest our city, might repeat the memorable scene of December, 1835, when millions were destroyed in one night. If in the construction of new stores, builders and owners should follow the plan of those at the north- westcorner of Johnand Cliffstreets, by facing the windows with iron bars and placing no shutters either in frontor rear, few burglaries would occur in ovr city, and fire would rarely if ever proceed to diy extent before discovered in the lower story. Burglars cannot werk in the dark after they have effected an entrance, and the private or public watchmen would always be attracted by any signal of light during the night. This plan, generally adopted, would do more to prevent destruetion by fire, and loss by robberies, than any other that can be suggested, but inthe mean time something should be done tobring to prompt justice and punish with the utmost severity of the law all those desperate villains who not only have the ingenuity to enter a building forthe purpose of robbery,butthe fiendlike desperation afterwards to apply the torch of the in- cendiary Mk. BRAHAM ONCE MORE, AND POR THE LAST TIME. ~This evening Mr. Braham gives his last concert in this country, at Niblo’s. He sails to-morrow at 12 o'clock in the@ambridge. By earnest solicita- tion, he has beén induced to give yet one more concert for the last. He will be assisted by Mrs. Sutton and her pretty little daughter. For a full programme of performances, we refer the reader to the advertisement. The certainty of Mr. Bra- ham and Son’s sailing to-morrow, will fill the house wverflowing. Those who wish for good seats, ! take care to be there in season. It is an array of talent of an order that is rarely met with on either side of the water. IT OUGHT To BE.—As this subject is now up for con- sidera tion before both Boards of Aldermen, and in fact by the whole community at large, we shall take his occasion to show up the whole matter in its true light, independent of all pelitical influences, or party interests. A great diversity of opinion ex- iste on the subject of police reform—not as toits ne- cessity, but the mode of effecting it. Messrs. At- well and Mead, fof the Board of Assistants, have submitted one plan (Doc. No. 42.) ; Alderman Un- derwood is ready with another; Alderman Puray, we stippose, with another; and, for ought we know, Alderman Crolius and the rest of the special com- mittee with stilfanother. At any rate, Mr. District 4 Attorney Whiting and Justice Taylor, who, in our opinion-—with all possible respect to the Honorable the Corp orauon—know more about the matter than all the members of both Boards put together, are ready to s:abmit still another plan. Now in the midst of all these discordant plans and systems of reform, we propose to show up the facts in the premise , together with a few necessary deduc tions frem thein. In the first place, then, we say the present Police organization, so far as it respects the detection, ‘ap- prehension, and conviction of rogues, is a system of bribery and corruption, established, and perpetuated if not sanctioned, by the laws of the State. In this city there is a certain number of rogues subject from time to time, to a fluc:tuating increase or decrease, either indigenous or exotic, as the case may be. The true province of a Pelice, should be to detect, apprehend, and brings to conviction, all these rogues. Now let ussee what inducement the laws hold out to our present Police Officers to effect this de- tection, apprehension and conviction. We have ex- amined the law, and find the whole basis on which rests the bribery and corruption alluded to, to be summarily as follows:— é Fres. Constables and Marshalls (the present police officers) employed in the police office in the city of New York, may exact anc receive for serving every warrant or summons:— If within a mile, oth For returning the same when a party is appre- hended, a ye, Miteace: ‘or going one mile, 13) Taking ¢ criminal lato custody, 19 Conveying him to prison, 12, For going with him to procure security, 50 Serving a search warrant. If the goods are not found, If found, and they exceed in value $1 00 $50, a sum not to exceed, 250 Sreciat Dury. When detailed by the day, By night of twelve hours, Now let us be understood. Incredible asit may appear on the face of it, we say that the above sche- dule constitutes substantially the basis of the New York police system in this respect, that it comprises all the inducements held out by the hand of the law, and all the rewards given or allowed by our statutes to New York Police Officers for the detec- tion, apprehension, and conviction of all the thieves, robbers, burglars, swindlers, rogues and villains, who infest this city. The average of the tariff is perhaps about two and sixpence—a two-and-six- penny system ; or to be liberal, we will call it a three shilling system. Three shillings then, is the inducement te go and search the city through to find the rogue—the same three shillings is the further inducement to risk life and limb to apprehend the said rogue—and the satwe identical, potent three shillings, is the crowning {inducement to ‘convict him. To expect success under such a police system, in eradicating{crime, is to expect that your police offi- cers are going t0 serve an apprenticeship of years in learning the science of their peculiar businese— for it is beth a science and an art—that they will then bring their talents tobear upon the detection of criminals—in thetnext place that they exercise a most unusual and extraordinary amount of philan- thropy, and regard to public good—which is to re- sult in the aforesaid risking of life and limb, in apprehending and convicting the “aforesaid rogues. And all for what consideration? Why, forsooth, for the aforesaid three shillings. But does the law require police officers to feel{a philanthropy, and regard for public good, which in other people would be deemed a weakness? Does the law allow all other men to be governed exclusively by motives of self interest, but require police men to be governed by disinterested benevolence ? The grand defect of the present law is its weakness —we might say folly, in presuming that police offi- cers will act differently from all other men, in that their actions will not be governed by self-interest. And we might add here, that the community are often weak enough’ to blame police officers for not exercising a benevolence and philanthropy which other people never feel. The present New York police system, then, is built upon the presumption that its officers will be govered by honesty, integri- ty, benevolence, and philanthropy—all of which are necessary to its success—and the due reward for which will be the aforesaid three shillings Still people complain of the inefficiency of the police—that it does not sueceed—that rogues multi- ply, and crime increases, and ask, what is the diffi- culty? We'll tell you what the difficulty is—we’ll raise the inner curtain—we’ll develope the grand areanum, and solve the mystery. So here it goes. It is four{shillings. It is a public auction—the law bids three shillings to catch the rogue ; crime bids four to let him go ; and as the law will go no high- er, the police officer knocks down the rogue to the highest bidder, and crime walks off with him.— Thus we solve the mystery. Here is bribery and corruption, legalized. Rogues cannot be caught, so long as they are able to offer more to go clear than the law offers to catch them. Let those without sin cast the first stone at the police officers —we blame them not They are governed by self- interest—so are all other people. Thus it appears that crime is made to support the Police. It supports its officers—it sets their table for them, and gives them their bread-and-butter; in fact, it is their meat,{drink, and lodging. Abolish crime and the police must starve. The more crimi- nals, the more bribery and corruption, The more crime, the more pay. Nor is even this the worst of it, for the multiplication of police officers does but nfultiply the mischief, inasmuch as there must be a corresponding increase of crime to pay their ex- penses and support them. Hence all the well known animosities and hostilities which exist among Po- lice officers. Thus much on the New York Police asit is. In our next article we shall show what it ought to be. Nanxin.—In the official despatches from the commanding officer before the walls of Nankin, to Lord Stanly, it is stated the city contained about 1,000,000 of inhabitants, a large portion of whom were Tartars, and who trained up all their able- bodied men as soldiers, and who: united with the Chinese regulars in the defence of the city Nankin he stated to be surrounded with a wall twenty miles in circumference, and from twenty- eight to seventy feet high, and penetrated by three principal gates. It was defended by 15 or 20,000 regular tro. ps. The place was invested by the Cornwallis, Blond, men-ol-war, and heavy war steamers in the river, within 1000 yards of the walls, and by 4500 regular British and India troops on land; and was finally carried, and at last accounts remained in the hands of the British. The Drum Tower is nearly in the centre of the city, and overlooks the entire place ‘The great Porcelain Tower is said to stand a short distance without the walls. The greatest resistance met with was from the ‘Tartar part of the city. Suppey Dearn.—George Wilson, Esq., known as an old practitioner at the New York bar, and as the tutor of James R. Whiting, Beq. oar efficient Dis- trict Attorney, died suddenly on Saturday evening of disease of the heart, at the residence of hisson, in Sullivan street Puoaress or Fanatacism.— There isno animal so intractable asa bigot. You can do soMething with a fool. The raging maniac can be cooled into sub- jection. Even a woman in a fury, will sometimes condescend to incline her ear unto reason. Buta bigot can neverbe brought into successful pupilage. He will not hear the voice of the charmer, charm he ever so wisely. Parson Cheever was not satis- fied with exhibiting his intolerance at the Taberna- cle. He repeated his address at his own church in Allen street, last evening. We are heartily sorry, that our gentle chastisement has had no effect on the meek spirit of Parson Cheever. His want of docility mustbe classed in the same category with the ingratitude of Colonel Webb, when he turned a deaf ear to our words of condolence, and turned up hisnose at a box of the best Prineipes|that ever loaded the evening gale with their fragrance. A,second hearing of Mr. Cheever’s address, has not improved our opinion of its merits. It present: curious admixture of good sense and folly—charity and intolerance—piety and the rankest bigotry. Mr. Cheever’s principles, it would seem, have been gathered, like the paragraphs in his address, from the four winds of heaven. - The discourse is made up of scraps from all sources—from writers sacred and writers prefane—from writers in prose and writers in verse. His sentiments are equally diversified in their origin. He gave utterance to some, worthy of @ martyred patriot, to others, which would add in- famy to an inquisitorial butcher. Mr. Cheever’s great failing consists in his inability to take an en- larged and comprehensive view of his subject. He sees it only in detail, and an accurate perception of even those is unfortunately often prevented by his prejudices and feelings. In attempting to discuss the question ‘* What constitutes a State?”, Mr. Cheever has brought with him all those sectarian views and clerical prejudices which have unhappily so often prevented the occupants of the pulpit from taking a useful part in the examination of important topics connected with the science of politics. But we will allow the public to judge for them- selves of the liberality and charity and good sense of the Rev. Mr. Cheever, by presenting them with the following extracts from his address :-— Mr. Currver’s Orinion or Forricnens, “ The second great danger which threatens us, consists in the unprincipled means caper es by the demon of par- ty spirit. The materials of these come to us in agreat measure from abroad. The North and the South ought to have united in protecting this country from the shoals of tgnorant and vicious emigrants that pour in upon us from the oldworld. The admission ef them as native elements, is like opening a vein, and injecting avirulent poison in- to the system. The most iron constitution would sink beneath such a process. But to think of these dregs from the putrid sinks of Euro) bought at a price here by party spirit—ob iti able wrong! I do not wish to be We have had foreigners worthy of We had a Lafa: ette, who fought side by side with Washington, the bat- tles ofour native land, and when he comes to his adopted country to see its prosperity in his old age, we receive him with the joy and filial reverence of children. 1 lov: the virtuous and intelligent families of foreigners domesti- cated amongst us. Some of them are of my most beloved personal friends. I love to consider my country as an asylum fer the hy Lore but not as an asylum for the icked—the abandoned—the profligate— the ‘ unwhipt of justice’—for those who in their own country would only the poor-houses and the jails. It is a very different thing to make this country an asylum of the oppressed, and te make itthe Botany Bay of all Europe. Has not our disgrace in the eyes of Europe been found in the sedi- ment ofthat torrent of emigration which they themselves have poured upon us? It deed, a melancholy thing that we could not for a season have been shut out from all connexion with the old world, and been left to grow up and leap into manhood, with our natwe materials—our native materials. ‘These men are unfit to mingle in the admis tration of our free institutions. In general it is a fact that those affinities which lead men to emigrate do not indicate the right sort of character for our institutions. Th: ub- licans of Europe are not the men we want.—Loyalty is a vir- tue, but those crowds who come from Europe, are loyal to nothing but ignorance and unsettled principle. The man who is not loyal in acountry like England,can have no pa- triotism here. Ifthe kingdoms of Europe had conspired for our destruction, they could not have adopted a more saga. is in than to roll over us this groun: wave from thei Mn. Cueeven’s Orinion or Newsraren Literatur. “Another evil, anda great one, my brethren, is to be found in the state, prevalence and power of our newspi per literature. It is left in a great measure to chance, or to the upturning of political party scum, whe shall be its leaders and what its shape ; and yet there is nothing that should be guarded with more watch{ulness—nothing into which the spirit f a pure morality and a high political Bonor, audg truv petelotioes te cnmet mantbut eo bree ed. The influence of our newspapers on our higher li- terature is deplorable. Butthis would be nothing if the public utterance of our newspapers were the utterance of truth. They are becoming a school of sophists, worse than those of Greece, who according to Schlegel destroyed the purity of that Republic. No Sophists ever walked be- neath the open ar ofthat elicious clime,and pee the peo- ple whose influence was to be compared to the daily issues of the newspaper press in this country. Nor can we the painfulness of our emotions, when we see these schools of thousands of our people under the care perhaps of mere hirelings—when we see some of the leading jour. nals of our land in the hands of men utterly destitute of moral principle, and of men sometimes not only destitute of moral principle, but who make the most blasphemous scoft of religion and all her sacred institutions.” Ma. CHrever pecomes a ProrHet anv Previcts Imror- tant Pourtican Event: “I am afraid of Romanism. Romanists move in aclose phalanx, There i: wer in the Vatican at Rome, which they all acknowledge. It isan amusing | ag which Burnett draws of the Man of Sin, the pe, whom he represents asa rheumatic old giant, h's teeth and mumbling to the passing pilgrim: never be better till more of ey are burnt? (Laughter in thechurch.) Giant Grum has to be sure got the rheuma- tiz, but his arm, my brethre: still long enough to reach here! And if it be true that ‘atholic voters can y the balance, who can say that the assertion will net turn outtrue, than inten years the President of the United States will be nominated in the Vatican? * * . * . * » After Mr. Cheever had done’ aman in the Sun- day clothes of a mechanic, got up in the front of the gallery, and said he had got something to say. Mr. Cheever then hastily gave out a hymn, and the leader of the choir struck up a lively air on a very large fiddle, accompanied by the voices of a dozen very pretty girls, dressed not altogether with puri- tanical preciseness, but on the contrary, attired in something of the style of the daughters of Jerusa- lem, who came in for a share of the reproof of the wisest of Kings. After the hymn, the congregation dispersed, but the man who had arisen, and who was no other than the “Preaching Cartman,” made a short discourse in the lobby, which was principally directed against the “unholy priesthood who caused the people to err from the words of knowledge.” Stereuinc.—Yesterday afternoon and evening, the Bloomingdale Road and the Third Avenue were full of sleighs, with their jingling bells, to a very late hour—only half a dozen overturns. Nowland’s Prospect Hall, that capital place, where the attend- ance is so good—the suppers and mulled wine so ex- quisite, and the rooms so comfortable—were crowd- ed. The sleighing is now very fine—and if the pre- sent clear frosty weather continue a few days longer, all New York willtake a sleigh ride. The theatres and concerts are very much reduced during the evenings that sleighing is good. Insurance AGarnst BurcLary.—Would it not be well enough for the City Corporation, while they are on the eve of considering the re-organization of the Police department, to suggest some plan of in- surance against burglaries, the proceeds of which to be devoted towards payment of the Police and offering of rewards to secure the arrest of the bur- glars that are nightly engaged in their depredations throughout our city. Wetcn’s Otic Cinces at tHe Park Taratre. —Mr. Welch will open the Park Theaye on Thurs- day evehing, with an entirely new, grand. and unique style of performance. To-morrow or next day, he brings on his unrivalled equestrian troupe and magnificent stud of horses from Philadelphia, where they have recently been performing with brilliant success. A great number of artists and others have been for a length of time employed in making suitable ulterations in the house, for the reception of Mr. Welch’s unequalled company, each individual of which is represented as far superior to the general run of performers. Mr. W. appears determined that no efforts on his part shall be want- ing to present the public with a chaste, elegant and unparalleled style of entertainment. The arrange- ments are all superb, alike as regards decorum and tefinement, and we predict for Mr. Welch an amount of success hitherto unequalled in this city, ‘x OF all places of amusement this day and eve- ning, Barnum of the American Museum presents the most magnificent novelties. Twelve perform- ances are to be given, and General Tom ‘Thumb, the wonder of wonders, remains one day more. -quested to say the rey City Intelligence, Crty Poutox.—The city was uncommonly quiet last evening and the evening previous. The Police officers were properly distributed for the purpose of preserving order, and Saturday night passed off with no extraordina- ry exhibition of rowdyism or rioting. About 12 0’clock, however, aband of “Calithumpians,” with tin pans for base dryms, and tin horns for trumpets, marched into the Tombs, and notwithstanding two of the Justices were within calling distance, took possession of the offi- cer’s large room, and began to discourse such music as was rarely heard by ears of mortals. The lead known as the King of the “Dock Burroughag of the Fourth Ward, in resisting the arrest of tl! party, knocked down Sweet, tripped up Colvin, and while in the act of falling, kicked Relyea in the abdomen so seriously that he was complaining all day yesterday. “A rescue” was cried, as King Tom fell, and down came all the invincibles, indefatigables, and energetics of the premises, who succeeded in restoring order and landing the whole band of Calithumpians in the cells of the Tombs, from whence, after a few hours reflection, they were released, under promise of good behaviour. During yesterday, a black fellow named Bob Williams, of “ Five Point” notoriety, and Henry Hooper, the colored steward of the ship Rienzi, in an alley leading to the rear of 13 Orange-street, when the former pitched into him, without any cause, as he aileges, an drawing a razor, cut the throat of Hooper, from the left ear all the way round tothe centre of histhroat. The gash was not deep, or his life would have been taken in the affray. Williams was committed for examination. On Saturday evening a new set of rules and regulations for the better government of the police officers, while in the office, were read, in the presence of all attached to the lower police. All cursing and swearing, as well as the Mse of obscene and vulgar conversation, is ordered to be dispensed with. All unusual and unnecessary noises, ditto. All disputes, quarrels, tricks upon each other, and numerous other obligations are imposed upon them, which we sincerely trust will tend to reform their habits, and improve their manners to “that extent which is greatly to be desired in this community.” Tne Court or Gexenat Sxsssons commences its January term on Tuesday morning. ‘The following rules, in relation to the officers appointed to attend this Court, have been ordered on the minutes. They have long since been needed to preserve order, as the Court has resently been the most disorderly of any other in thiscity. We publish them for the benefit of the officers and the public :— On the first Monday of each term, two of the officers areto be selected in rotation by Jacob ) High Con- stable, to attend the Grand Jury during their session. No other duty will ordinarily be required of those lay of each week of the term, five officers are in rotation, and stationed as follows : one on each side of the bench,one at each end of the railing inthe rear of the ber, and one at the door of entrance, who shall continually hold their staves of office, and if any officer so stationed shall omit to be at his post during the ak ofthe Court, in the week for which he is selected, it shall be the duty’ of Mr. Hays to repert his name to the Clerk. The Clerk is required at least once in each day, to call the roll of the officers appointed to attend this Court, and to notethe delinquency of those notin attendance. Offi- cers who are absent on such call without sufficient ex- cuse, will be returned by the Clerk as absent on that day. Applications for temporary leave of absence, not to ex- ceed one day, must be made through Mr. Hays, whe is authorized to grant such leave, when there remain at least six officers on duty in Court. y A breach of these rules will subject the delinquent to fines, and in case of frequent repetition, to a discharge from attending this Court. Fines.—There were several alarms of fire yesterday morning, but no damage was done to any building worthy. of note. U.S, Ctreuit Court, Before Judge Kent. Dec. 31.—The People vs. Phoeniz Bank.—We are re- rts of evidence given of this case in some of the papers, do not at all meet the real issues. We give them in the following ch: of Judge Kent to the j Fy, We simply give the most important ideas conde webs The Court and Jury have nothing to do with consequen- . Asto variances, they are immaterial—I charge you 1 forthe bank may except. So with re- &c.—I deem them Now with re- butone single question, and that relates to the discount of the note for $13,000, dated Nov. 19, 1836. Evidence relating tothe other charges has been excluded by the Court, so as to leave them without legal proof. Thishas been done by an imperative sense of duty, in relation to the laws of evidence. These rules are salutary, and must be upheld by the Court, and the true question is whether there was acorrupt agreement to take more than 7 per cent on the loan of $12,000, or was there ataking of more than 7 per cent, in fact, without a corrupt agreement. The bank discounted the note, and gave a draft in Natchez forthe amount. This draft was sold by Nel , Carlton & Co. in the market, at a discount amounting Il to $413,18, and thus N.C. & Co. actually paid more tban 7 per cent, not perhaps to the Bank, for there is no evidence of connexion between the buyers of the drafts and the bank. How does the bank meet this? ‘They «uy thot the: Ging uRreeMENL ve- tween the bank at Natchez and the Phoenix Bank, where- by these Jngirutions were to collect for each other with- ont ch: id perform various services upon the same terms. This agreement was in July, 1885; the usury c Led was more than a year afterwards, and hence it could ave been a device to take advantage of the pressure of thetimes. The books of the Phenix Bank show that the Agricultural Bank was in Nov., 1836, heavily indebted to the Phenix, in sums varying from $125 to $80,000; and the Cashier shows that the Phenix Bank had assets of their cor- respondent which were reducing these balances from time totime. But there is no specific proof as to the assets of he A. B., held by the Phenix, although there is proof that such assets existed. Now as tothe question ot fact. Were the Phenix Bank on the 19th of Nov., 1836, in possession of assets, which gave warrant that their debt would be paid? Had they ground to believe that the $12,000 loan- ed N.C. & Co. would be paid bythe Agricultnral Bank in New York, for ifso then the ‘argument for the bank im of $12,000 was worth par to them. lo you believe that the Phenix Bank had assets on November, 1836, belonging to the Agricultural Bank of Mississippi, which would have satisfied the $12,000 loaned N. C. and Co.? For, in my view, if the Phe- nix Bank had worth par to them, there would be no usury in lendi them, although below par in the market, unless such funds were imposed upon the borrower a8 a ion of the loan, for there Ira difference between seeking such funds voluntarily by the borrower, and for- cing them upon him ¥ the lender. (9. Peters—U. S. Bank, vs. Waggoner.) ‘he owner of depreciated proper- ty is not bound to part with it at a loss, and the question is whether the lender imposes a hard and unconscionable condition upon the loan. Now, ifthe Bank had the tunds in Mississippi—if these funds were worth par to them, and they did not impose the draft oa N.C. ani'Co., asa 'con+ dition of the loan, then there was no usury, unless this was a device to evade the statute, for the jury must look at the real facts of the case. Yet, this charter is not lightly to be taken away, and stricter rules are to be observed n ordinary defence on a Joan of money. levice to get more than 7 percent. on the loan for the benefit of the borrower of funds, which he was quite be | to take: It would be severe, indeed, if this were not a device, to take away this charter because Nelson C. and Co. lost 413 dollars on this loan, from which the Bank derived no benefit—for there is no proof that the Bank colluded with the purchasers of the draft. But, if the Bank imposed upon the borrower this draft as a cendi- tion of the Loan, then it would be usurious, even although the Bank was’ not benefitted by it. (At this point the Judge read his notes of ‘Mr. Carlion’ idence.] Carlton says that he never told Mr. Delafield what use he intend- edto make of the draft, and if it was Carlton’s own spon- taneous act, then there was no usury. But, if there was a burthensome condition, then the transaction was usury. The verdict of the Jury was for the Bank. U, 8, District Court, Before Judge Betts —<Anthony Dey, Dec. 31, Per Curo’ t person interested and entitled to gainst adecree of bankruptcy. 1 think the hedules and inventory of the bankrupt are specific and precise enough in all particu! T cannot find, village property at Poughkeepsie and Hyde Park are sufficiently identified by reference to the recoriled deeds. It was not necessary to give the names of individual pro- prietors of newspapers—the reference is sufficiently exact to avoid all misapprehension on the part of liabilities. The proceedings must stay until the inventory is amended in the particular pointed out. Cuatuam Trearre.—Mr. Forrest appears this evening in his celebrated character of Metamora, one of his best and most attractive parts, which alone, regardless of other superior entertainments, must cram the house to the ceiling. Secure seats early inthe day. Anafternoon performance will be given to-day, commencing at half-past one o'clock, and the successful and deeply interesting drama of “Jack Sheppard,” in which the delightful Mrs? Thorne sustains her original character, together with a great variety of other novelties, are an- nounced for the occasion. O@- Among your calls to-day upon the gay and bean- tiful, do not forgot that there is one individual in this city more strange, extraordinary, and wonderful, than any hu- man being who ever set his foot upon this continent, ‘This personage is no less a man—and less he could scarcely be—than Gen. Tom Thumb, jr., Commander-in Chief of the Forces of Lilliput. He remains for this one day to exchange the congratulations of the season with our citizens, and will deliver a political address, suitable for the eccasion. Barnum has made every arrangement to give splendid performances every hour throughout the day and evening. 0G> We know of no place, where an hour can be more agreeably and profitably passed, than at the New York Museum, You view the wondrous works of art and na- ture, in every form and shape ; behold the splendid Pic- ture Gallery, containing the portraits of all the gallant heroes of the revolution—witness the magnificent physio rami ones, and see the entertaining performances, all for one shilling. ‘This is the last day Queen Victoria's dresses, will remain. Literary Notices, ’ Hawry oy Orrerpincen—A Romance.—FYom the German of Novalis. Sold by Bartlett & Wel- Ford. This work is a translation made from the edi- tion of Tieck and Schlegel. The life of the author 18 chiefly drawn from the one written by the former. The completion of the second part is also by the same writer. We have not had time to read this volume yet, but invite the public to look’ at it, Farner Oswaip—A genuineCatholic Story— New York, Casserly § Sons, 108 Nassau street. 1848. This story or novel has been written to counteract the alleged pernicious influence of “Father Cle- ment,” and many similar productions. All the ob- jections to the Catholic faith are taken verbatim from that work ; therefore the admirers of ‘“‘ Father Clement” would do well to be candid enough to read “Father Oswald.” Bent.ey’s M1sceuLany, AND Dusiin UNIVERSITY Magazing, for December. These valuable works have just been sent tous by Mr. Mason. The Ma- zine contains a continuation of Jack Hinten, the uardsman, and other interesting articles. ‘Tue Lapy’s Wort», for January, 1848, by S. Post, Beautifully embellished, and with the usual amount of interesting matter. Tue Rainzow, or Opp Fetiow’s Magazin, Jan. 1843 —By Adee § Estabrook, 160 Nassau st. Tue Democratic Review, for Jan. 1843—By the Langley’s, 57 Chatham. It contains a portrait of John C. Calhoun, and the usual amount of valuable reading matter. Tue New York Lecat. Onserver—By Sam’l. 42 Ann st. We again call the attention of the members of the bar, and of our merchants to this valuable weekly. Te deserves a place in every office end counting room. Oor Mgss, or Jack Hinron—Nos. 23, 24, and 25; by Carvill § Co-—Geutlemen will please call and get their numbers. Mr. Himes has sent us the “Midnight Cry."—We have heard it before. Tne Meronants’ Maaazine—Jan. 1843; vol. 8, No. 1.—This nomber begins a new year and a new volume; it is, therefore, a good opportunity for any merchant who may not have heretofore taken it, to commence with what he should, by no means, be without, if he consults his own interests. New Music, Tue Snir on Fine, with a lithograph embellish- ment. It isa descriptive scene, the wordsby Chas. Mackay, Esq.; the music by Henry Russell. Tne inpian Hunter, with a beautiful lithograph embellishment. A song written by Eliza Cook.— The music by Henry Russell. Tue Op Crock, with another splendid lithograph embellishment. A ballad,!by Eliza Cook—the mu- sic by Henry Russell. The above beautiful poems are all by Messrs. Jas. L. Hewett & Co. 239 Broadway: Capital New Year’s presents. , AnorHer New Year.—Mr. Editor—Sir—On look- ing back upon the past and Nee Be | the fu- ture, what a vast theme 1s presented to the human mind for reflection—what untold changes have taken lace in the affairs of men since the last New Year? ‘ow many millions of souls have been swept into eternity, and how many more must in the course and order of God’s decree be carried away on the same stream before another New Year? These are truly serious questions and not easily answered. To the man of the world they will pass from his mind like chaff before the wind, and like it, never to be moved from its hiding place, until the Almighty in his power shall cause the earth to tremble, and man to stand amazed. Then, not till then, will the mau who makes this world his God, contemplate seriously upon those matters which concern his eternal welfare. We may endeavor to veil our faces from the eye of Omnipotence, and make a mockery of religion—but oh! there will come an hour when that veil will be rent asunder, as with a flash of lightning, and man will stand naked betore his. maker, in all the shame and degradation to which the unbelieving are all destined to bear. Ah, yes, that hour come (and Jet those mock who will) when the sun-lit hills and the mountain altar —the cataract and the gentle waterfall—when the beautiful streams and the leafy groves—when the verdant plains and nature will be clothed in her most beautiful garbs, and all is bright and worthy of the spirit’s worship, and when man feels himself most secure. Ah! yes, all these things shall pass away, and atthe sound of God’s voice, even thou thyselt shall be driven back into the wild chaos from whence thou sprung, and those that knew ye once shall know ye no more forever. q H. B. Mr. Epitor :— Knowing that truth may be elicited through your fearless paper, now that the Court is in its course of enquiry, and the great subject matter of investigation is, whether any necessity existed for the hanging of Spencer, and Cromwell and Small. Permit me to ask for a description of the brig So- mers, her tonnage, and the arrangement of her decks. We wish to see if any separation existed between the quarters of the men and those of the officers, and if the three prisoners could not have been confined in a state room, and being there bound in a strait waistcoat and ironed by their feet to a bolt, and the room locked or bolted, could not have been effectually kept trom all sight or hearing of the crew—and if disposed to be clamorous or noisy they could not have been gagged to quiet and order. And we are told ty old and experienced captains that the Somers, as far as regards her navi- gation, Sir, even four men betore the mast could safely conduct her across the Atlantic, without any officer being called upon to soil his hands by asai- lor’s duty. hether in steering for St. Thomas, at two days distance, and with a steady “trade wind,” all the crew could not, if found expedient, have been kept below the deck, and only (arte, or as man’ as needed, called to each watch—and ‘if all the off cers, fifteen, armed and 1n possession of the ammu- nition and weapons of defence, could not have kept the crew in order two days longer, for the trade winds admitted ofa certain calculation as to the brig’s arrival within a given time at St.Thomas, where any assistance could have been had to secure, if it had been thought advisable, all the crew. No blood had been shed, no resistance had been made to the securing any one of the prisoners. We could make many comments upon the testimony of Commander McKenzie, but we refrain from doing so ; yet wetfeel that the evidence we are to obtain from the actual Court Martial, and the zeal of the Th Advocate, will be different from that which a trial before the United States Court is expected to mig bl we cannot, when poets are eulogising Capt. McKenzie, refrain from asking by what code of motals or law, bee pea letters of a mother, have not only been made known to the Secretary of the Navy, but communicated to others, taken from the trunk of Spencer, and having no relation to the mutiny ! We also ask, what must not the American ublic think of the officer they have elevated to onor and cemmand, who has dared to proclaim to the world “that for those who had meney and friends in America, there was no punishment for the worst of crim This is the gallant officer so worthy of his “country’s gratitude”—and so hu- mane to the feelings of the man he was to hang. Bridgeport. [Correspondence of the Herald.] Brivaerort, Dec. 30, 1842. J. G. Benner, Esq.— Sn I noticed a few days since in your money article, the most sensible remarks which have yet been made on the subject of railroad communication be- tween your city and Albany. You will find your account in following up those remarks, with illustrations of the expediency of ex- tending the Harlem road to the Connecticut line at Port Chester, and thence along the coast to Bridge- port and New Haven. You are probably aware, that with a view to this, a survey hasbeen already made, the result of which shows the praticability of con- structing a road at a moderate expense. The pa- pers ak of getting to New Haven by Danbury, sa shows ignorance of the country and the ints where its business and travelling concentrate. Kiet the Harlem road be extended, as you propose, to this place, and it becomes the most splendid stock in the world; for it will take, four months in the year, the whole mass of the northern and western, and nearly al) the eastern traveling, besides an in- caleulable amount of business at all times. Let a charter be obtained, and the books opened for sub- scription, even in these times, and their would be a ush for the new stock, and the Harlem stock would imme now is. ely run up to 100, discredited a: There is no project ot the day which it will pay so well to , and the advocate for which will find so much favor with the public. Uninterested even in the Housatonic Railroad, I have, since reading your remarks, been so forcibly impressed with the certain practicability and the great importance of this extension and junction of the Harlem and Housatonic roads at Bynam River, that Lhave taken the liberty to address you, with the hopefof inducing you to pursue the subject Yacuting.—The English yacht Dolphin, pierced for tweive guns, was off Galveston on the 17th ult. ‘This is the same veesel that was at New Orleans a short time ago. GG The Amphitheatre is to give an extra perform: ance this day, for the accommodation of juveniles and fa- milios, commencing at two o'clock precisely. rt aa Matters and Things in Dover—Law Deck Newburyport, Mass. {Correspondence of the Herald.) Newnuryrort, Mass., Dec. 25, 18: State of Things—Churches—Clergy—-Religio Polit 4 James Gorpon Bennerri— Dear &1 . Honestly believing the Herald to be the very beg paper in the country, and anxious to extend the cir. cnlation of some important facts and incidents neve} before brought to light, we expose them to you fo, the information and benefit of the readers. ¢ your widely circulated paper. Whatever we wrij we hope will be. properly appreciated. “Let hii that readeth understand.’ Newburyport is a rich place tor isms and fanatic. for all sorts, sizes and colors, find here an ampl field for speculation. If Newbu be ap nexed to Newburg, a town adjoining, and thus con verted into a city, as is contemplated, and whicl! we hope will be speedily done, it would certain’. #} supercede Boston, so far as notions are concerne.’ Let us look fora moment at its varied religion character. _ zi We have in our midst 5 churches, dedicated Congregationaliem er Preabyterianism, and a hi anier naaae cannot be found enlisted in the prope, gation of these doctrines, than here. Its ad: ocate are Rev. Dr. Dana, Mr. "Withington, Mr.i ° icf Mr. Campbell, and Mr. Stearns. ‘The first, D, is a kind hearted old clergymen, whose carth! tabernacle will soon crumble. We understand. is now confined to his chamber, severely sufferin,. * with biles or sores, to try his patience, doubti in the case of Job, whom we read about in the O}, Testatement. He isupwards of 70 years of agi, and has spent the most part ot his lil churches in this town—is distinguished and faithful minister, and thus far has lived an emplary life, through much tribulation. We tru: he will receive his reward hereafter. é Mr. Withington is a nervous, powerful preache’ and a most righteous man. He is somewhat note | foreccentricity of charaeter, but this does not, insome cases, injure his dignity, nor lower t standard of his faith. He is upwards of fifty,tar,. has preached here from 20 to 30 Fe ‘ A) Mr. Dimick is between 40 and 50, and has preac ed in this town from 15 to Rape fats No one sc say aught against him but the Millerites—in their timation he is considered, with you and I and oth men of stability and talent, as a scofler! We wits in connection to commend to the attention your readers (if any of them are disposed to cou, tenance the fanatic Miller) a sermon preached |* rr. D. at his chapel, about a year since, afterwar’ published, and now in circulation. The motto the discourse is “The end of the world not yet 4, Miller’s delusion is summarily disposed of, and cay} didh Mr Campbell is about the same age of Mr. Dig ick, but his style of preaching is entirely differe: * Mr. D_ is remarkably mild, while Mr. boisterous. He has preached there some three four years in the Temple street Church, the large meeting-house in the county of Essex, and we lieve with success. 4 Mr. Stearns is younger than either of his c leagues, and isa fervid, solemn preacher—he hq however rendered himself obnoxious to the Abo} tionists, in consequence of refusing to cry their mec) ings. He has preached here about six years wi) | commendable zeal and piety. } Mr. Fox, of the Unitarian order of orthodoxy, h a large church here, and is an excellent and high, talented preacher. His Lyceum lectures are of thf highest order ; and his efforts, whether secnlar religious, are benevolent and essentially democr,| tic. He is of middle age, and haspreached here oriSyears. (We use this latter tena without 1 ference to locofocoism, of course.) of Mr. Arnold, the only Baptist minister here, younger than either of the above, and is a sensi modest sort of a preacher.’ He has been here 1 wards of a year; and we believe has united the # fections of his people. ‘he Universalists have a fine church here, our community is so orthedox, they excite but jit attention. Mr. Forbesis their preacher, but rece?’ ly settled ‘ ‘rhe Episcopalians have a church here, but a deotitute of a pastor. Mr. Morse, recently decease reached for them many years, and his loss 1s dee vy lamented. He~ was a most excellent man, a his place will not be easily filled. F, The ahove comprise the only religious liter: ; churches in our town ; enough, say you, inal ec science. This would be an obvious inference. E you are aware we have Elder Pike and his chure and a society of Come-outers, or as some row young, men wickedly term,them ‘‘ Freebooter: e shall discuss the relative merits of these ts latter sects hereafter. We wish, now,.to disc: | politics a little. " Mr. Cushing has entwined fhimselt in the aff tions of his townsmen. He exerts as much proj tionate influence among ithe people here, as de Calhoun among the South Carolinians; you rec: 4 lect he declined being a candidate in the ree contest—and Mr. Robinson, of Lowell, was run the whigs in his stead. There being no ele:ti t the race will be run again. Mr. Robinson will sitively decline—and either Mr. Cushing or Cc' Dancan, of Haverhill, will enter the arena, aa. Manvers, the locofoco candidate, will be distan and -inally beaten. Perhaps there may be t« three trials yet.. J. G. Whittier, the poet, is aby nis and his abolition friends’ are energeti is behalf. They may | mon a choice at ere Mr. J. A. Somerby has recently establis!i newspaper jdepot here, and the Weekly He assures us circulates extensively. — AN Iriverant Piesr Pittsfield, Mass. [Correspondence of the Herald.) Prrrsriety, Dec. 24, 1 Pittsfield— Cler gy—Religion—Iaadies’ Fai James Gorvon Bennett, Esq. :— t Dear Str :— Here I am, domiciled in this pretty vill: Pittsfield, celebrated for its lovely women, a. ing the place which gave birth to two of our conspicuous divines of the present day, viz: Mi and Beach. Pittsfield is situated ina pleasant valley, al’: fifty miles from Albany, and one hundred seventy-five froi lew York. The Great West, Railroad runs directly through the town. * place contains four churches, viz :—C. tion | Episcopalian, Baptist and lethodist. Berfectt mony apparently exists between these respect,” societies, and it is chiefly tothe religious light ; flected from these altars, that isto be attributed healthy moral condition of the ce. The R Mr. T., late of Philadelphia, and recently sett! as pastor of one of the most popular churches the place, recently met with a serious loss, in ij burning of his house, and narrow escape of | fami y He was im tely indemnified for } loss, by the hospitality and generosity of his parisjf ieners, which reflected great honor to them, by for their piety and kindess of heart. Last was the Annniversary Fair of the ‘ Seaman’s He Society.” Idrop’t in at an early hour to nate cursory glance of some of the ‘Belles of Be shire.” ¢ hall was beautifully and tastefi decorated with flags, and a beautiful model of o of our line of battle ships, marine curiosities, & The tables richly and foxuriously laden with t handiwork of the fair ones—the bewitching glav. | of the charming faces, which presided over th and the dulcet strains which emanated from, Soong aan. hg by the Lota ‘ce H,all ined to render the scene one of the most pler), —_ we Cg! have eet : | . Among the many pleasing faces present, w ticed Miss E, H., escorted by the Jalleenen } accomplished Mr.S. We notice RK. tae lodious bass singer: Mr. L., Mr. ©. and Mr. 4 lipemic who appeared ~ several ik attentive to thé “fair ones’” The lovely and Mies Jane I., of South street, we conalderedar the fairest ladies present ; and while we oo” lovely, fascinating face and form, thought, coul but travel life’s dreary waste with such a compan the present would be bliss, the future seem @ | dise. Miss M. B. of South street, we pretty, and many others, whose names to us (ij strangers in the place) were unknown. | about to take our leave, we were presented w letter, postage twenty-five cents, which cont the (ollowing valuable information. | “* Dear You are a handsome man, but can’t com; As we smiled at the contents of the miss~ took one glance more of this fairy scene, and } our farewell forever. Taking the arm of a we dropped into our hotel, the “ Berkshire Ho kept by those “hosts of hosts,” Warriner & Cr, We would assure all travellers stopping at the welcome, and accommodations no: any house in the State. I submit asty remarks to you, with my respects. Auor y # Dover, N, H. [Correspondence of the Herald.) 4 Dover, N. H., Dee. 17,1. + Religion. > J. G. Bennert, Esq :— Dear Sir :— . The Superior Court for this county has ju Poi its term in thistown, Justices Gilehrist and Vv presided. Chief Justice Parker was unable te 1, on eecount of ill health. This court is held for the purpose of dec." questions of law, brought up from the ©. P, Coij and hearing petitions for divorce from th a