The New York Herald Newspaper, January 6, 1843, Page 1

THE NEW YORK HERALD. Vol. IX,—-No, 6,-—-Whole No. 3219, GOVERNOR’S MESSAGE. (Concluded from yesterday.) The Superintendent ot the Salt Springs reports the quantity of salt manufactured from the Ist of January to the Ist of Nov. 1842, at 1,956,940 bushels, which ‘is 1,017,501 bushels ‘ess than for a corres. ponding period of time in 1841. The receipts by the Superintendent from all sources for the past year, are $119,401 04 Disbursements for the same period, 40,929 63 $78,471 41 This officer ascribes the large reductien in the juantity manufactured the past year, to an excess in $41, the business embarrassments of the country, r and the increased quantity of foreign importations while the duties were 20per cent. Ttis in all rec important that the quality of our salt should be rendered as Velie as pombe. Its extended use will doubtless depend very mnch on the character of the article. The solar coarse salt is admitted to_be superior, but the fine is said to be inferior, in point of quality to that of an English manufacture which, for most uses, takes a decided preference in market. is subject demands your careful examin»tion. It will probably not escape your notice, that the disbursements appear large. as compared with the receipts. How the expenditure compares with pre- vious years, [am unable to say, nor whether any part of itis for new erections. The diminished quan- iy, of salt manufactured the past year, could hard- ly have rendered additional pumps, reservoirs, or other works, necessary to supply the manufacturer with water. The superintendent is authorized by statute to make such additional works, machinery, &c., for umping water, ashe may deem necessary, and to es all the works bolonetng to the State in com- plete repair. The accounts for expenditures thus incurred, are to be audited by the inspector and paid by the superintendent. é E The disbursement of public money is, under all circumstances, a delicate EB The public interest requires, and the officer shou! id desire, that it should be dene under such checks and guardsas will insure public cenfidence. While onthe one hand, there should be no useless forms, there cannot, on the other, be too much caution. _ 1 recommend that the superintendent be required, before he makes any new erection, to submit, for the approval of the acting canal commissioner on the station of ognal where the salt works are situa- ted, a plan and @etimate of itscost ; and also, at the beginning of every month, an estimate of the ex- pense for repairs. ‘The accounts of the superintend- ent should be certified by the commissioner, before they are presented ‘to the comptroller for final ad- justment. These remarks do not proceed from intimation aflecting the present officers, but from impressions that the system is defective. The clerk of the Auburn prison reports that during the last fiscal year the receipts amount te $64,441 12 And the disbursements for the same period, 67,870 79 Excess of disbursements $2,429 67 He accounts for this excess by stating that for the last year the rations were let for one cent anda half higher than forthe year immediately preceding, which he esti- mates to be equal to A reduction in tl ¢ receipts from visitors A falling off in the several contracts by the ope- rations of the act of 1842 ih confining the labor 073 87 “s a of convicts to the manufacture of such articles as are principally imported, 1,564 00 $4,573 74 ‘The superintendent of the Mount Plessant prison reports the receipts for the same period at $53,935 10 And the expenditures at $2,801 28 Excess of disbursements, $13,866 18 He states, however, that the earnings of the prison should be credited with the labor forthe stone pro- cured for the State Hall, which he estimates at $1,126 00 For the work done on the female pri. For paymenta to sheriffs fo een oe ‘or paym: if convey ing convicts, er 2,361 62 —— 15,996 62 $2,879 66 ‘The report from the Mount Pleasant prison states that the receipts have dimtmished by the opera- tions of the act of 1842, but does not estimate the amount. “There have been 1,417 convictione for criminal offences, by the courts of record, since the first of January last, returned to the office of Secretary of State, by the clerks of such courts; of which 544 were convictions for felonies, including five cases of murder, to wit: two in New York, one in Niagar one in Sullivan, and one in Tompkins. It is esti- mated that if the number of convictions by courts of record from which returns have not yet been re- ceived, are the same as hast year, it would swell ue aggregate to 1585; of this number 602 were for elonies. . The number of convictions by courts of special sessions, is 2, 3 which, added to the number of convictions by courts of record, will make 3,695, as whole number of convictions returned to the Biererary *s Office. ° Our fellow citizens who are engaged in various mechanical pursuits, have on several occasions pre- sented to the consideration of the legislature, leged grievances in consequence of State prison competition. The act of 1842 will, probably, in its ration lessen to some extent, the evil complain- ed of It de porer to encourage the industry and enter- tw the citizen mechanic, and so to direct the jabor of convicts ae not to come in competition with them. But humanity requires that these unfortunate beings should be engaged in some exercise conducive to health ; and it is also essential that the labor should be rendered productive. If it should be found that convicts can be safely and beneficially employed in the mining districts, it aay, be proper to convert most of theirlaborto that object. The granite of Massachusetts hasbeen extensive - r y use in the city of New York and other places. tis represented that stone ef a quality equally good, has been found in the Highland: , about fifty miles from New York. If a careful examination should prove the stone to be good, and the quarries acces- sible, 1 can easily imagine that convict labor could be profitably employed in quarrying and rough dress- ing, which would not materially interfere with the industry of the mechanic. R There are at present in the institution for the in- struction of the blind, sixty-three lor 8 Is, educated and supported at the expense of the State; and in that for the deaf and dumb, in the city of New York, one hundred and eighteen. PG The term selected by these pupils is generally five yearsin the first mstance, which is invariably extea- ded tosixor seven years, whenever the directors and the pupils or their parents or {riends desire such ex- tension. Both these institutions are said to be in a high condition of efficiency and excellence ; capable of affording te those who have been shut out from the ordinary avenues of intellectual improvement, ample opportunity to store their minds with know- ledge, and to secure by their exertions their daily Leia and acomfortable competency for the fu- ure. Itis represented that the contributions required by the act “to provide forthe sick and disabled sea- men,” from sailors and mariners, are regarded as op- presrive. 1 trast that any application which may be made by this interesting portion of out fellow-citizens, wu receive, asit deserves, an attentive considera- ion. My predecessors have, on several occasions, brought to the consideration of the Legislature, the subject of the Judiciary, and have concurred in the > necessity of some change in the system. Various propositions have been discussed by successive Le- gislatures, but nothing has been effected. All the representations made to me, concur in stating that the court of ae isso overburden- ed with business, that injurious delays are experien- ced in the administration of justice. This is not the fanit of the able and indefatigable officer atthe head of that court, but it results from the fact that the constitution has not made adequate provision for the expansion of the judicial system with the in- creased population and business of the State. A]. though, as I learn, there have been no delays in the Supreme Court, for the last four or five years, there is reason to believe that the labors which now fall upon the justices of that court, are greater than any three individuals may always be able to endure. And whatever exertions may be made, the increase of judicial business in this great State will soon ren- der an increase of the judges indispensable. My pursuits have not qualified me to point out the best remedy for these evils, but I think the time has arrived when something should be done. If an amendment of the constitution should be found ne cesrary, it cannot be brought about ina less than two years, and no time should be lost in taking the first step towards that result. Upon this, as well as upon other subjects, I am not in favor of radical eh aes, unless there is a plain necessity for making them. I would not abandon a system which in te main has worked well, and enter upon some untried ex- periment; but I would enlarge the preseng system, NEW YORK, FRIDAY MORNING, JANUARY 6, 1843. lee Two Cents, 76,000 00 6,707 83 $1,622,607 85 $1,516,373 97 addition to publishing the State paper, in which cer- tain legal notices are to be inserted. ‘The opinion is quite prevalent that this branch of the public service is susceptible of material and use- ful change, and that such change is demanded by considerations connected with pablic economy and retrenchment. ; The printing for the Legislature and the several departments, and the annual publication of a volume of laws is in all respects a mechanical duty, and I see no reason why it should not, like every other branch af business which involves the expenditure of money, be the subject of contract, based upon a just equivalent for the services rendered. The State paper would then only have the insertion of legal notices, most of which are paid for by the individu- alsfor whom the services are rendered. In connection with this subject it has occurred to me that the public interests would be essentially pro- moted by providing for the publication of all the laws which shall be designated by the Secretary of State as of ageneral nature, in at least one newspa- per in each of the counties of the State, together with such laws of alocal character as may be of in- terest to the citizens of they shall be published. This would bring home a knowledge of the laws to the people much more effectually than the pre- sent practice of confining the bleedin to the State paper. The expense would not be very large, and it would be greatly outweighed by the more general diffusion of a knowledge of the laws. The additional expense would be more than saved by the change which has been suggested in relation to the other public printing. The impression is very general that several of the public officers in the city of New York, particularly those who are connected with our inspection laws, are extravagantly paid for their services. This ulti- mately operates as a tax either upon the producer, or the consumer, or both. There may be other pub: lic officersswhose compensation exceeds a justequiv- alent for the services rendered. Should’ you find such to be the case, you will apply the proper cor- rective. aaeae, The privileges franted to banking institutions, doubtless had for their object the public accommo- dation; for any other purpose they would be entirely inadmissible. All legislation on this subject should be in reference to the accomplishment of this end, and the banks should be made to do their duty to the people. A bank, while it pursues the fair and legitimate object of its creation, has the power of aiding all the business relations of the country; but when it is converted to the purpose of accommo dating stockholders, directors, speculators and mo- nopolists, to the exclusion of business men, it be- comes a curse to any community, and [ can hardly imagine a greater evil. Such a system is calcu- lated to make the rich richer, and the poor poorer. The banking institutions should at all times be ee to the control of the legislatnre, who cannot well be too watchful in checking their natural ten- dency to partiality, and*inflated iasues. Every in- stitution that diverts its means from the legitimate purposes of banking, should be promptly deprived of its charter. Every institution that faithfully fulfils its duties to the public, i tected. — i The bill holder does not participate in the advan- tages resulting from the privileges granted to bank- ing institutions. He has no authorised agency in conducting their affairs, and is the instrument of giving circulation to their issues, which results in a benefit to jthe stockholder. Under such circum- stances, with power and duty all on one side, no- thing can be more just, than that the bill holder should be effectually protected from loss and incon- venience. The safety fund system was designed mainly to accomplish this end, and while the fund remained adequate, it furnished the means for a prompt and Deficit in amount o It will beeeen by th $566,619 15 »ceding statement that the secu rities, estimuting the State stocks at their market value, and the bonds and mortgages at their full amount, are in- sufficient by $556,619 15, to redeem the notes in circula- tion. The State of New York is essentially agricultural. The public munificence cannot be better bestowed than in pro- moting and advancing its prospenty. Every business profession isin agreat measure dependent on the profita: le application of labor ia the various productions of the soil, and in improvements in the system of husbandry. Our agricultural societies, when properly conducted, are well calculated to infuse a spirit of emulation and an experimental knowle%ge of the utility of arctation of crops, the cultivation of seeds adapted io the character of the soil, economy in the application of labor, by the intro- duction of useful implements of husbandry, ‘and improve- ments in the breed of animals. The importation of large quantities of grain from foreign countries, in 1836 and 1837, is an snomely in. the history of our country, and will hardly be credited by the next Tec aaerted affords conclusive evidence thatthe ef forts and enterprise of the people were at that time misdi. rected. The State Agricultural Society will doubtles report of their proceed will disclose interestin, lormation. recommend this subject to your special care, under the conviction that it is intimately connected with the substantial welfare of the people. The act organizing the militia of this State imposes a burdensome duty, which to some extent operates unequal- ly. A large proportion of those who perform military service ar- farmers, mechanics and common. labore! The present system contemplatcs an organization, an i spection of arms and equipments, and improvement in mi. pense: Those who are enrolled are required an- ly to meet once by companies, once by regiments, and, in addition to this, the officers, nou-commission: officers, and musician ys in succession, for the purpose of “training, disciplining, and improving in mar- tial exercise.” In case of war and insurrection, the country depends essentially on an effective and well organized militia. It would not be proper to dispense with any of the present requirements that serve beneficially to’ accomplish t! end, nor such as are meoassary to keep up a proper organ inspection, But I apprehend experience has shown that trainings for the purpose of improvement in military science, have failed to accomplish that end except incities and villages, where meetings are frequent and convenient. It is said that a raw recruit is as easily in- structed as one taken irom the ranks of the militia. Iam very strongly inclined to the opinion that if the militia laws were so amended as to keep up an organiza- tion by aperfect enrolment, and a full corps of officers, and dispense with all trainings, excepting an aonual meeting by regiments for the purpose of inspection and review, it would relieve the community from a burden, for which there appears to me to be no equivalent. Ifthe system submit a s during the past year, which the particular county where ould be changed as suggested, proper encousagement should be held out for a voluntary organi- zation ot unilorm companies. Associations for such pur- poses should be authorized to make by-laws which should be binding under proper fines and penalties fixed by sta- tute. ‘To such companies the State might loan all the armsand equipments of soldier for the field and camp, under regulations that would ensure their safe-keeping and preservation. The courts martial for the trial of delinquents, as now constituted, are regarded as expensive and vexatious. De- linquents are required to meet at some central place in the regiment, and are sometimes kept there for several days in succession, and the collections for fines are generally absorbed in expenses incurred A reduction of military service should be accompanied by acorresponding reduction in the equivalent now de- manded from those enrolled who belong to the Society of Friends. There is no remark more common than that the times are hard—the people embarrassed in alltheir business re lations, and the public burden is constantly increasing. It is certainly just and proper ; and your time cannot well be better employed than in efforts to mitigate the exac- a government and alleviate the condition of the people. ‘The Adjutant General reports, that from the inspection returns made to his office for the current year, the aggre- gate of the several corps of the State militia are as {ol- lows should be sustained and pro- certain redemption of the notes of insolvent banks, Cavalry, : : : 5.651 and gave greater security to the bill holder, than eee 4 b py Whe wes any other system in practice in this country. Riflemen, - i " i 6,025 Until recently, the public have doubtless felt Uniform companies attached to infantry, 2,545 great securi'y in this system ; but the fund has be- come so much impaired by the failure of several 198,344 This total exh dred and eighty-six in the strength of the State militia. I deem it my duty to call your attention to the considera- tion of an act entitled “‘an act toextend the exemption of household furniture and working tools from distress for rent and sale under execution,” passed April 11th, 1842; In addition to the articles formerly exempt, t those of “necessary household furniture, and working (w0ls,und teame,ownod by any person being a householger or having a family for which he provides, to hiepert pe not exceeding one hundred and fifty dollars.” According to my impressions, this act has not in ll its provisions, met with general favor; and the objections which have been urged with much plausibility, are the uncertainty of the value of the articles exempt, and its ef- fects on contracts existing at the time the law passed. When an indebtedness is incurred by one individual to another, the means and ability of the debtor to pay are doubtless taken into consideration, and serve as a basis. tor the credit. The propriety of any ‘enactment which dimi. nishes the means or lesssens the ability of the debtor to pay is, to say the least of it very questionable. ‘Whether the articles proposed to be exempted are werth one hundred and fifty dollars, or more or less, is a question about which parties may differ, and it is apprehended, will ‘be the source of much litigation. All laws which interfere with the relations between debtor and creditor, by impairing the obligations of con. tracts, have a demoralizing influence upon the peoplo,and seldom, if ever, prove beneficial, even to those for whose benefit they were professediy mad The repudiation of a public debt, is a heresy that [trust is nowhere seriously entertained. Iam confident that the people of every State in the Union would reject the idea of sucl jonor, and that they possess a patriotism and pub- lic spirit that would induce them to submit to any burden rather than incur theopprobrium of such foul disg race. Itis doubtless true that during the inflated period th-rongh which we have passed, many States improvidently enter- ed on the construction of public works, altogether much extended, and under an ill-digested and defe y Hence the lamentable spectacle of ru re credit and suspended and unfinished roads and ca- nals. But looking on this gloomy picture, we should always recollect that this improvidence proceeded from the mo- tive of improving the condition of the States, and not from the intention of contracting debts beyond their ability to pay. The fault that has been committed on this subject may be traced to that spirit of extravagance and s tion thet pervaded every portion of our widely e: community. Kew individuals were exempt from ful consequences, and instead of indulging in feelin, recrimination, we should repair the sad consequences by frugality industry and economy in all the departments of fe. banks, that it is now unable to meet the immediate calls upon it. The contributions required by law will not provide fora complete redemption of the bills of insolvent banks until the Ist of January, 1849. This estimate is ‘don the supposition that no part of the bllis of the banks that have failed, will be paid from their assets. The facts developed in relation to the insolvént banks, show that there hasbeen, in some instances, ereat abuse in their management, and a reckless disregard of moral obligation. How it should have happened that a bank could so improperly conduct its affairs as to cause a total loss to the stockholders, and leave no assets for the rede-nption of its bills in circulation, and yet escape the timely observation of the Bank Commissioners, I am unable to imagine. Tt may have resulted from the want of proper means for ascertaining the real condition of the banks. But whatever may have been the cause, it is quite evident that the appointment of commissioners has not answered ail the valuable ends which were anti- cipated from the measure. It has been ascertained that the issues of some banks that have failed, have greatly exceeded the amount authorized by law. To guard against such an abuse in future, I renew the recommendation of my predecessor, that the circulating notes should be Pence, and countersigned by some public officer. he peorle have already suffered so much from the frauds and insolvenc’ tions, that the subject tion. A In almost all instances, the mal-practice of these institutions can be traced to the neglect or fraudu- lent acts of their officers; and within the last six years, there have been several extraordinary cases of peculation and fraud. I recommend that provi sion be made by law for punishing all future trans gressions of the kind by imprisonment ia the State prison. Phe stockholders have no means of effectually guarding against mismanagement, but they ought to regard themselves as responsible for a proper selec- tion of officers In recommending the most efficient measures for frotecting the public against the frauds alluded to, it must not be understood that I feel any hostility to well conducted banking institutions. Our banks were oe the first inthe Union to resume specie payments after the general suspension in 1887, and the sound institutions have steadily maintained position ever since. 1 would make no change in the present system, merely for the sake of change, or in a spirit of hostil- ity to banks. No restrictions should be imposed that are calculated unnecessarily to embarrass the banks; but every solvent institution has a deep in- terest in the adoption of such measures as will re- vive and restore public coi fidence in the banking system. That system has become so interwoven of some of these institu- femands your careful atten- Success in the great work of improving the condition of a State by the construction of roads and canals, depends very much on a prudent system, which shall have for its object the public good, rather then the gratification of sectional feeling or personal cupidit; The public stocks of several of the States are discredit- and consequently much uepressed in the money ma ket; but the people of these Sta ould not despaii Most of them possess a territory unsurpassed in its ferti- lity. Every part of the glove is contributing by its sur- lus population to the settiement of the country, and pre- paring the way for the most important results. - [ indulge the cheerful hope that the time is not very distant when that s0.asto meet the public wants. I commend the | Maine, 90,000 00 whole subject to your careful consideration. _ by lntareat The statute makes it the duty of the State printer | 4eposite 6,707 83 to print the legislative journals and documents, and $4,073,664 23 the laws passed at each session of the Jegilature, in | Bond and mortgage with the affairs of the people, that it cannot be aban- doned without great public inconvenience. But the banks can only be supported by such a thorough re- form of abuses as will ive the people a sound cur- rency, always convertible into gold and silver with- out expense or delay. . SS Tout i distant period of time, will be unsurpassed in'magnitude, Eighty-five associations and ii embrace the present occasion to exhibit, in a brief | most, if not all the States, will find means to resuscitate. ividual mh a th have deposited the requisite securities, and receive i i y v manner, the gratifying position occupied by this Siate, circulation notes therefor, under the general banking | iy her sgricuitural, commerci .” their credit and finish their public works. The State of New York should cherish the hope that such expectations will be realized. Her natural position, in reference to inland commerce, enables her to furnish the channels of communication for atrade that, in no very and manufacturing in- law. Seven of these have been closed by their own | teresis. . officers, and have redeemed their notes at par, ex- It appears by the last census thet the population of the cepting $1,108 now autstanding, for the redemption | United States amounts to 17,069,666 of which the State o1 of which an equal amount has been deposited with | New York has 2,428,917, equal to more than one-eighth of the Comptroller. Twenty-six have been closed by | ‘he, whole population. Cy ‘The number of bushels of grain raised is 615,526,302, of he Compiraliey, that had at the time ¥ Ue peg which this state has 51,721,927,equal to nearly one-twelith Securities of these banks consisted of bonds * part ot ie Weer The number of heads of live stock are 74,264,322, of which tl part. ‘The number of which this State fourth. ‘The numberof commercial houses engaged in the for- eign trade is 1,108 of which there are in this state 469,equal to something less than one-half. The eapital invested in foreign trade is $19,295,367, of which there belongs to this State $49,583,001, equal to nearly one-half. There are 4,006 woollen manutactories of all kind}, of which there are in this State 1,213, equal to more than urth, ‘The aggregate value of woollen goods manufactured, is estimated at $20,696,999, of which this State has $3,697,- 33) and mortgages deposited, State Stocks, $419,497 96 1,111,200 00 $1,530,697 896,764 20 State has 10,128,042, equal to about one-seventh pounds of wool produced is 5,302, 114.0 8 Of which the Comptroller hes entitled to 9,945,295, equal to one- sold and realized And received from the receiver of the Bank of Western New York, Bonds and mortgages aro now in suit for collection, amounting 400 00 to 91,615 00 And bonds and mortgages are held in trust for the Albany City Bank for the redemption of ‘the notes of the Farmers’ Bank of Orleans, amounting to 26,250 00 equal to about one-sixth part. Th the manufacture of woollen there are 21,343 persons {, and in this State 4,336, eqnal to one-fifth. 955,039 30 Loss to bill holders, exclusive of interest in case the bonds an mortgages unsold are re- seemed at par value, $242,519 70 Paki ay ‘*ssociations and maividual bankers The notes in circulation amount to SrcURITIES, Vix: employ Ly capital employed is $15,765,124, and in this State $3,409,349, equal to more than one-fifth. ‘The value of cotton manufactured articles is estimated at $46,350,453, and in this State at $3,640,237, equal to about one-thirteenth part. The number of persons employed in the cotton manu- factories is estimated at 72,199, and in this State at 7,407, equal te about one-tenth. are now in $3,695,605 00 Market Value. b i; 1314 remo: Sts eon ap #1:000,000 00 The capital employed is estimated at $61,100,369, of 666 000 00 which this State has $4,900,772, equal to about one-tenth. Arkansas, 590,000 00 There has been paid from the publictreasury, for all Michigan, 629,000 00 rposen connected with the establishment of the State Alabama, 44,000 00 mnatic Asylum, the sum of $259,415 70. This sum was Kentucky, 91,000 00 disbursed for the purchase of one hundred and twenty five acres of land, the erection of a building five hundred and fifty feet in length, three stories high exclusive of the basement. The building is located on an elevated and commanding site, about one mile from the city of Utica, and will accommodate three hundred inmates. - ‘The act of 1812 appointed nine managers, to whom is assigned the general control of the property, the appoint- ment of a superintendent, the establishment of by-laws, rales and regulations for the management of the Asylum. On the 9th of last September, they appeinted Doct. A. Brizbam, superintendent and physician. This geatleman has for several years been engaged in the retreat forthe insane at Hartford, in the State of Connecticut. Some devay has occurred in preparing the building for the reception of patients, by the necessity of repairing some defects in the furnace for warming it, and in provid: ing for an adequate supply of water. It is now contem- plated that patients ill aieaceieatiae early asthe 16ch instant. ‘The managers will doubtless report to you a detailed statement of all their proceedings, and I cherish the hope that this institution will soon dispense its relief to that un- fortunate class of our fellow-citizens, for whose aid and comfort it has been established by an enlightened spirit of phifavthropy. At the extra session of the last legislature my predeces sor communicate? a report from Mr. Broadhead, in relation to his mission to England, Holland, and France, to obtwin or transcribe papers affecting “the colonial or other history of this State.” From this report, and a letter dated at London the 34 of last December, pears that the agent cannot prosecute the object of his appointment to a successful termination, without a further appropriation of five or six thousand dol- Jars. He states that he is in the midst o1 int inations, and that important documents have been selected for transcription. It i; doubtless desirable that this under- taking should notbe feustrated for the want of adequate means to carry it forward. If the legislature should con- cur in this opinion, their early attention to the subject is rendered proper, in order that the agent may be relieved from the painful’ position of being engaged ina foreign mission without the requisite means. A concurrent resolution was adopted at the last ses of the Legisiature, requesting our Senators and Represen- tatives in Congress to make use of their bust efforts to pro- cure the passage of alaw refunding fromthe public trea- sury the fine inflicted upon and paid by General Jack: Since that time,the President of the United States, in a juat and magnanimous spirit, commended ‘the subject to the attention of Congress. Although the sentiment of the people of this State was expressed through your prede. cessors, yet it will be highly preper that it should again be heard through you, until, mingling with the voices of the people of the whole Union, the National Legislature shall feel constrained to consummate this act of justice. WILLL Cc. BOUCK. Avsasy, January 3d, 1843. Washington. (Correspondence of the Herald.] Wasuineron, January 2, 1843. Circulation and Influence of the Herald— Bankrupt Law—Great argument on its constitutionality in the U. S. Court. James Goxvon Benner, Esq. :— T have not the pleasure of your acquaintance, yet Tam not unacquainted with your valuable and valued Herald. At home and abroad, I am a reader of the Herald; and here I beg to notice a fact, which is full of instruction, especially to all news- paper editors, in the fact that in all the cities, towns and places where I have been for four months past, (and within that time I have made the whole circuit of the northern, western, and southern States) my attention was always attracted to the almost universal demand for the Herald—‘ Ben- nert’s Herald.” Atthe north, west and south—at hoteis, reading rooms, parlors, steamboats, I ob- served the New York Herald was the medium of news, of intelligence, of instruction, and of amuse- ment. Here at the metropolis, the Herald is in the hands of every one, male and female, Senators and Representatives, Judges and Secretaries. Now, there is a sound, practical moral in this fact, and it is not difficultto search out. The Herald is inde- pendent—it is not under the control of any of the Wail street cliques—its editor is fearless, honest, and not controiled by narrow-minded, corrupt specu lators. The Herald now wields an immense moral ower, which is felt throughout the length and readth of these United States The great work of reform—reform in morals, politics, trade and newspaper publications, in which you are so zea- lously and successfully engaged, is a work worthy the age and country, ana you will find your reward in the gratitude of a generous people. “Go on, per- severe, strike boldly and fearlessly at any vice and abuse which exists in our land. Not wishing to encroach upon the privileges of your regnlar Washington correspondent, I will only say en passant, that the all-absorbing topic here just now, is the repeal of that act of abominations, the Bankrupt Law. Inthe House, we trave already had rich scenes. Speakers have given us the origin of thig law, its objects, its history, how it wasenacted, who were the wire-workers, who the tools, who have been benefitted, and who have not. If the Herald will give the public a continuation of splendid schedules, a la Webb, of military notoriety, we shall soon see the end of this law. Tom Marshall, Col. Webb’s friend, hasthe floor to-morrow, aod a rich treat may be expected; the galleries will be full, while the Bankrupt law 1s creating such a sen- sation in the two houses of Congress. Next week the theatre willbe changed. ‘There is a case, under-tand, pending betore the Supreme Court of the United States, brought up from the de cision of Judge Wells, of Missouri, involving the constitutionality of the law, This is a grave ques- tion, and great interest is felt by bankrupts, (Col. ‘Webb of course included) as tothe result, ‘There isa great shaking among the dry bones. The Hon. John M. Krum, of St Louis, Mo., is here, and is expected to argue the case in suppdrt of the law. Judge Krum is highly spoken of fare as a sound lawyer, and able in argument. This gentleman was pointed out to me the other day in the Senate Chamber ; he is apparently quite a young man, has an intelligent, sprightly countenance, and his phre- nological developements indicate a well ba- lanced mind. Itis said Senator Crittenden, is to be hisopponent. It will be an interesting and able discussion, and the court room will no doubt be filled to overflowing, Should the Court sustain the opinion of Judge Wells, what is to become of your military friend, Col. Webb, and his certificate of final discharge? Oh, the dear Colonel, do pass him round once more. Tr. [Will our correspondent give us a sketch of the argument?—£d, Her. Baltimore. [Correspondence of the Herald.} Battimore, Jan. 3d, 1843. Great Temperance Meecting—Tom Marshall, called the Honorable, a little the worse for wear—‘* Poor Tom's a Cold.” James Gorvon Bry Derr Sir + On last evening the Rey. Robert M. Brecken- ridge’s Church was crowded to excess. The cause of this dense gathering was an announcement in the morning papers that the Washington Tempe- rance Society would hold a meeting there, and the Hon, Tom Marshall would address the meeting; the publie were respectfully invited to attend. ‘“ Poor Tom's a cold,” says Shakspeare, and had he been present on this occasion he might have said poor Tom has a devil of a bad cold, with equal truth. The Champion of Temperance and Col. Monroe Edwards, not to mention the immolator of calf, was on the present occasion distressed with a very bad cold, insomuch so, that his usually brilliant temper- ance efforts were completely marred; he spoke about half.an hour with much difficulty, and then retired—his indisposition threw an universal gloom over the whole assemblage, pretty nearly all of whom were attracted by the report of Mr. Marshall’s brilliant talents. Well, all I have to say to them is, better luck next time. Yesterday we lost one of our oldest and most ta- lented physicians, Dr. Nathan Potter, who lias been one of the professors in the University of Mary- land for the last twenty years. I think he filled the chair of the institutes and practice of medicine The old gentleman belonged to the old school of medecine, and would not depart from it; calomel with him was the staff of life fer the sick; he firmly believed init. May he rest in peace Last Sunday I had the Honorat pointed out to me in the Baltimore Cathedral. Mr ©. is quite a young looking man, much younger than Lexpected to see, and would he turn out a moustache | think he would be thought a beauty Judging frem appearances, | would write Mr. © Jown a yery devout Catholic. Cushing isa very swart fellow, anda single man to boot; so ladies read his speeches and wateh his future movement George Bancroft, Beq , lectures to-night before the Mercantile Library Association; subject, the “ Soirit of the Age I do noi know how the gen tleman will treat the subject; but [ think the spirit of the age and the present time, runs on temperance, cheap novels, humbug lectures, and awindling on a arge scale. » Esq. -— daleb Cushing Breacw or Promisk.—A trial for breach of pro- mise of marriage took place in Cincinnati on the 28rd ult., which resulted in a verdict of five thou- sand dollars damages. The-parties were Henrietta Terry vs. William Terry. Ee) subponasto serve for Dingler , | believe the man In the bar part of the night was named Van Rensselaer ; Mr Pierce had charge of the bar # part of the evening ; I not know that there was a change in the bar keepers that night; I live at 29 Norfolk street, with my mother and sister ; | donot sleep there. Q—Where do you sleep sir? A—I decline to Q—Why de celine t A.—I had as ieave answer as not; I sleep with a wo- man ; she is not my wife; #he lived last night in Anthony eet; she is the friend I met m Broadway on the night 1 saw Dingler. Charles Peance called and sworn for defence. An argument here arose as to the order of the court, whether this witness had been confined in the jury room i i ers, but he was finally al- dd been in General Sessions. Before Recorder Tallmadge, Judge Lynch, and Aldermen Underwood and Martin. ww S$. T. Mason.—At the Jan. 5.—Death of ex opening of the Court w York bar, and jor State of Michigan. He also pre- ollowing resolutions, which were seconded sented the by M. J. Bacon, Esq s— Resolved, That this Court has heard with unfeigned regret, of the sudden death of Stevens '’. Mason, Esqzy late Governor of Michigan, and a member of the Bar of this city. Resolved, That from respect to the character and abili- ties of the deceased, the Court will attend his funeral, and recommend that the members of the Bar do likew Resolved, That these resolutions be entered on the mi- nutes of the Court, and a copy duly certified, be transmit ted by the clerk to the family of the deceased. The Broadway Cottage Rape Case Continued. of William Dingler, impleaded with Gabriel Hatfield and John Underhill, ona charge of rape committed on the person of Ann Murphy, at the Broadway Cottage, adjoin ing Masonic Hall, on Saturday, Dec. 3, was resumed trom yesterday. ‘The prosecution conducted by the Dis- triot Attorney, aided by Joseph W. Strang, and Jonas B. Phillips, Esqrs. Messrs, Price and Shepherd for defence. The other prisoners, Hatfield and Underwood, were also in Court during thetrial. The Court room was crowded to excess during the day, and the front doors were elosed soon after the opening of the Court in order to keep out the crowd that were rushing on and filliog up every ave- nue of entrance. ‘The trial bar keeper at the ingler on the night of this occurrence ; I did hot kee her come into the bar room ; I was out st the hy- drant getting water at the time ; I was gone about ami- nute anda half; when [ returned with my pail of water, I met Dingler and Ostrander coming out ok the tear ;the girl was not in the bar room at that time; I remained there until the girl came in; she came from the back room; she must have went in while | was absent, after Dingler went out J filled a pitcher and the tea Kettle on the stove before she came in from the back room —she came in alone and commenced jawing the persons sitting in the barroom; she said they were a parcel of blackguards, ‘and that she had been abused there—she was very angry—she did not act as though she was perfectly sober—I usked what was the matter with her, and she attempted to strike me, as T thought—I asked ber who had been abusing her—she told ine to go away, that they were a parcelof sneaking black- guardsand vagabonds—this was before Dingler came in— hecame in as [was endeavoring to persuade her to go vut ; Mr. Ostrander came in with him—she said nothing to Dingler when he came in—the bar room was light— a gentleman named Morrison was endeavoring to per. suade her to go out; “come along,” says he, patting h the back, “my good girl, I want to see you in privat then went out aud several watchmen came in with her in afew minutes—Mr. Elkin, one of the watch who was among them, turned her round and asked her to look and see i! any ofthe men there had abused her—she said she saw none—the first time she went out with John Morrison ¢ second time with the watchmen—I did not see her out either time. s-examined by Whiting. —I had been bar keeper weeks before the night in question; Tam a sad- dler by trade, and was out of employment—I was in the bar room the whole evening until the time that I went out to get the wate sually remained all day, except going to my meals; I was not absent getting the water more ‘han a minute and a hali—there were twelve or fourteen persons in the place when [ went out—all the prisoners there—when [ went out of the bar-room there were no persons in the rear building that I know of ; if there had been, I think I should have known it. There is a square table, astove, and afew benches in the back room ; it is impossible for any light to shine into the back room from the rear of the bar room ; there is no way to get into the back room except through the ber room; as she was coming from the door she said, “ I'ma decent girl; I've got no home ; I’ve been abused.” Jake Roome was there that night ; he was in about twenty minutes before, and asked if any one had a dollar broken bank note ; he went outof the front door ; she did not address any one when she came in ; I spoke to herand told her it was ne place for females, and that she had better go out ; she shook me off and said she would’nt go ; she did not say how she got through the bar room ; I told her if I had been there she should net have went through ; she was very spicy, and cried from passion ; she did not make fight, although her athers were ruffled ; she did not complain'of being vio~ lated ; this was before Dingler came in ; the poorly dressed, in a greasy silk bonnet, without feather or rib- bands on it ; when Dingler came in he took oft his coat ax usual, ond hung it up; Mor Ido not know where Morrison lives ; y one offer her adoilar to go away ; she returned in a few moments with the watchman ; on coming in she ran to the back door and * this was the door I was through ;”” she did not say that was the place she was violeted in; I took her by thesleeve and told her that I did not want any muss there; ove of the watchman said “don’t be in a hurry, Charley ; Piltake her away ;” Dingler did not leave the place from that time until the watchman came in again ; there was no other bar keeper there that night ; a person. can get into the rear building by climbing over the M sonic Hall fence ; it is about twenty feet h gh. By Puicx.—It’ is impossible for a person to recognise another in the back room from the light in the bar, Mr. Stokely came there last night, aud had to take a light to find the way out into the back room. By Distaict Atroxney —I have been indicted for an assault and battery on her; she complained that I had treated her roughly that night. Mrs. Exumina Mircuext called and sworn.—I reside at No.8 City Hall Place; I keep a boar house from M:. Fordham; I knq Ann O'Neal, who lived with m iy the name of Ann O'Connor also; | have seen the same woman in the Tombs, and she is there called Ann Mur- phy; | had asubp@na and came to the Tombs to see if the person concerned was the one that had lived with me; she came to live with me on the first of September; I did not agree to give her wages; she said sie wanted a home; she lived with me two or three weeks; 1 am a married woman and hayeone child; when Ana Murphy lived 48 OWL atinUM VETY HID, obs eenerally went out between seven and eight o'clock, and did ndt return until eleven sometimes; a gentleman called at my house and enquired for a girl named Catherine; I told him there wasa giri lived there by the name of Ann, bat ne by the name of Catherine; she came home one ht with a man; she was intoxicated a good many times when she lived with me. Question by Paice.—Now state what transpired be- tween you and Ann Murphy as regards her honesty. The prosecution objected, but stated that that a ques. tion asto her general character or habits as a woman of chastity, was admissible. Witness continued.—She sometimes would come home with men, and sometimes not. ivG.—I had a controversy with her; office after 1 had Grokerged her and made complaint about her wages; I went into the kitchen almost every night, butdid not when I knew out; I sometimes rang the bell for her when | out. lid you not discharge her when you knew she was running out nights. A.—It was my fault, perhaps; she often went out with- out my permission; about a week after she came with me, the man called for her by the name of Catharine; I think there was a girl that had lived with me by the name ot Fon Prosecution. Sanan Buans called and sworn—t reside in the rear room of the second story of the Uouse at the Broadway Cottage; onthe night of Saturday, Dec. 3d, [ heard the cries of & woman in the yard of the premises; I went to the door, but saw no one; the cries ceased axl went out, and appeared to go through (he bar room. Cross-eramined by Snevnenn for defence.—The screams continued for two or three minutes, but Ido not know how many times she hallowed. ‘The name of Alderman Crolius was called by prosecu- tion, as also that of Jane Schermerhora, the colored wo- man who occupied the oyster cellar underneath the Cot- tage, and who was examined on Wednesday evening, but not answering— Lonenzo B. Suernenn, Erq., proceeded to open the cause for defence. He stated that they would prove that the girl Ann Murphy, on whom the rape is alleged to have been committed, was a prostitute, a thief, and a drunkard. That Dingler was not present at the time the rape was committed, and also that his reputation as a man stands fair inthe community. On closing, the District Attorney called the colored woman, Jane ScHenmennonn, who deposed that Dingler was in the oyster cellar on the night of the 3d of December; she asked him what was the cause of the noise and scream- ing up stairs; he answered nothing; I did not know the other two men who were with Dingler on the night in questior Crarkson Cro.tus called and sworn.—{ was at the watch house on the nightthe girl, Ann Murphy, was brought in; she said two men had violated her person; [ asked her if Hatfield had done anything to her; she said that ho had not; that he was sitting in the barroom when she was taken’ through; after hearing the story of the girl, I told the Captain of the watch to go up and bring down all the persons that he thought had anything to do with it; when Dingler came down with the watchmen, she selected Dingler from among a crowd of about a dozen asone of the persons who had violated her; 1 asked her to look round and see if sine could recognize any other person; shedid so, and 8 she saw no other person that had injured her;” when she charged Dingler as being one ofthe men, he said that the man who took her through was named Roome; | asked him why he allowed it; he said that Roome had passed through the bar-room in that way before. P é Cross-examined by Price for Defence.—Dingler did not say at any time during the evening that he was guilty of the charge ; I was somewhat indisyosed that night, or I should have went myself; I told captain Fenton and cap- tain Eldridge to go, and take men enough with them to bring all in the house if there was any resistance ; while in her presen: outrage had been c said that the house was a in presence of the girl, Dingler was brought into the Watch house as one accused of the offence; Dingler was placed in the grating in front of the Captain’s stand at the watch house before shecame out of her room; she could have heard all that passed there; I do not know that Stoke- ly come out with her. Q.—Why did you permit Dingler to go home without security that night ? : ‘A.-Tconceived him @ responsible man as he had a li- cense to keep a public house from a pretty high source. By District Artoaxxy—You say you let him go that night; did you take her statement in writing that night ? -—No, I did not ; it isnot e soma 5 he was the pri- sonerof thecaptain of the watch, and being a marti man and his property at stake, I let him go home and co sidered myself responsible for his appearance, and if he had not been there I should have had him arrested under all circumstances and at all hazards; officer Sparks had his orders to bring him if he was not there at the minute ; | Tet him go on his own honor, but felt it my duty to see that he was forthcoming in the morning ; Captain Fenton had en the name of Dingler when she pointe! him out, By Parcr—I believe that Stokely came down with the irl; xhe Was in the watch house when | came the iound her in the private office of the captain of the wateh 5 Stokely made these charges against the house after Dingler had been brought into the watch house; these re marks were made to me; Dingler said that Stokely had Some antipathy against him trom former transactions. The girl wasin the private room of the captain of the watch at this time. By Disraict Arronxry—I do not think that the girl could have seen Stokely at the time he was talking to me. She sat with her back towards the door. The evidence for prosecution here rested, and the counsel for defence calied, Cmances Ostraxpen who was sworn—I was at the Broadway Cottage on the evening of the 34 of Deeembei Dingler was there; {saw Ann Murphy come into tho: premises on thatevening; it was between eight and nine o'clock; she was with Jacoh Roome; she walked right through the bar room, and Dingler went out with me; she went a faras the back door with Mr. Roome—she made no resistance at allas she went through the room; [heard no outcry made by her; she went through apparently of her own accord, and was smiling when she came in; no one touched her when shecame in except Roome. | lost sight of her at the back door; when the girl came in Dingler was talking to me about two feet from the end of the bar; he went out with me, and we went to the corner of Broadway and Pearl street; | lett him at the correr of Broadway and Pearl street; | went across Broadway, and | Catharine; I do not think that there was one of that name Dingler re: ed at the corner; I returned to the cottage | atthe time she lived with me; I had six or seven boarders in the course of two or three minutes, and there found | “t that time—male boarders, except a gentleman and wife; the man that came home with her I think she said Ding! he stoop; I walked in the h ing- ; + CRO HE abe tlb-ag ther pial wer ckentins || brothenindaw; Thad ne servant with mo etthe ive che ler came in behind me, and the girl was standing at the door. He went up and spoke to the girl | came to the house; she said a girl had sent her to me. and 1 did also, she was crying and jawing together; Task- | By Price for defence—She slept in the kitchen ; T wan od her what was the matter with her; she made no reply; | ted her to go up stairs, but she refused. L then lef her and went ito the yard; when I came back she was gone; that uight or the next night afterwards, T heard Mr. Rome say something about a dollar, Mr. Roome has left the city, I believe. Crosseramined by Distnict Artonsry.—I am a brush maker by trade; 1 do nothing now have not since last spring; { worked nine months with Wilson and Brown, up town, some ten years ago; Iwas in the brig Dolphin five or ‘six years ago; I came home in the brig Ruth; Idid not liketo stay, and the purser got my dis- charge; Ihave since speculated in the Fulton market; I have known Mr. Dingler for several months; I endea- vored to get him to make up raffles thereat his house for uliry; I have played cards at whist in the bar room and Inthe back room; 1 have known Jacob Roome for six Q.—In what situation did you find her in the basement on one particular night ? ‘The prosecution objected, and Mr. Price stated that his object in asking the question, was to show by witness thi on 8 particuler evening, she found the girl Ann in a sit tion im the basement, that would not leave a doubt that she had had intercourse with a man. question to be put. Witness continued-—I wsnt down stairs one evening and found the basement door locked ; I said to her “Ann, I want to come in;” she made no reply, and I repeated the question, and again rapped at the door and insisted upon coming in ; she opened the door and did not appear to be undressed, although she looked as though she was prepar ing for it; I asked her why the window was open; she months: he lived up in the village; [do not know the | said she left it open so she could see to get up early in the street; I have been there with the bar-keeper of Mr. | morning ; I told her I thought she had better shut the win- Dingler; he told me he intended to leave the city; | low down and open the shutters, when she conld see as I was in the street halt an hour before I saw | well, she made no reply tothis ; at anoth the girl with Roome ; saw her have hold | she would not let me in as she had her beaw there ; I sent of his arm, but did not see him have hold of as far os once or twice to do an errand ; 1 her arm, I did not see him push or haul her; 1 have seen women come into the bar and get liquor and then go out; on my return to the Cottage [met a friend, a woman, (laughter,) one of her names is Mary Ann Colton; she has two names; she used to live in Anthony street; | re. mained there with her about a minute and a half; there was 12 or 16 men in the bar ro at the time f went ont; George Newber: »; the two priso} in the box were there; Williams was there and George Doremu: ck, nearly the same per sons were there; the girl was there; her hat was a little mussed; Hatfleld was playing cards with Mr. De Groat; Underhill was sitting at one of the tables, I did not hear her say that she had been violated; | went out again in # few moments; { walked up and down Broadway by mysel!; I walked two or three blocks, [then went to the Cottage; Idid not see the watchman go in or ont of the house; when I went back I heard that the watchmon had been there and made this charge; Dingler aske the watchman Stokely had anything to do with the charge, and suid if ad he would not go; he afterwards said he would’nt I think this was about haif past $ o'clock, I have #een giris come in there before. a ae At this point, Rienanp Voonnxes, Beg. rose and wi dressed the court, stating that officer Bowyer had ordered him out of the small room adjoining the court, where the witnesses had been requested to assemble during the ex. Mer he had concluded, the District Attorney sta- ted, that the officer had acted perfectly rightin ejecting he gentleman from toe room, ax he had no business there ‘unless with the consent of the Court. Voonienscoxe again, and in a great nd his knowledge of his duty ‘ourt cut him short by agreci no b t her to the butcher's ; 1 de not think I sent her any where's else, By Distarct Atronsey—The night she said her beau was there, she kept me waiting some time before she open- ed the door ; she sai! the reason she did not let me in was because her beau was there ; Lasked her how he got out; she said he got out of the window Q—Why ‘id you not discharge her next morning ? A.—Ido not Know ; she asked for her wages and then made complaint toa lawyer ; | went to the police office to make complaint aguinst ber, for going to my house and making a noise for her wages ‘The Court here took a recess from 4 to 6 o'clock. Evextxa Session. The prosecution called James Cienett, who, being sworn, deposed a follows :—I waa at the Broadway Cot tage on the night of the 3d of December last—irom 7 0’- clock to half past 9; Tsaw Ann Murphy come im there that eveni jacob Roome was with her; she had his arm ; they walked straight through the bar room and out of the back door ; she fherown free will ; he used no violence towards her ; Dingler was talking to Ostran- ‘er when she came in ; they remained talking for two or three minutes after she went throngh ; | saw Dingler and Ostrander go out ; the girl soon came back from the yard, ond said that she was not a bad girl, and that the fellow. had abused her; she was back in the yard or the rear ree four or five minutes ; Dingler was in the bar ei room when she cane out, he having returned from the mined by Distniot Arrorxer—f am a cab Iriver ; w allender’s employ ment last, the clerk »{ the Police ; this was about ten months ago ; Tnow live with my mother in Vandam street ; I was in the Cottage rom the time the irl came in until #ke went out ; Jacob Roome was there when I went into the house in the eve. ing ; [was doing nothing while I was in there; Roome sd th fore dollar when he came in the first ; he got a dollar from some one in the house ; and ithe hada woman outside and be was going to loft her ; {hod never seen a woman going through there before, vid Idid not know whether there was any place pack there to accommodate them or not; I knew there was a room there: [heard no noise while the woman was back ‘here ; she remained there with Rooms avout 5 minutes ; Jid not come back with her ; (remained there until not know how Roomecame back; spoke to her and kep! turning her ound with bis hand until she w ont; she did not 1y she was violated 9 go back to see who vad abused her ; sh when she came out ; ome of those in the bar roou wrong ; there were from ten to twenty men in the room at the time she came out of the back room ; | sai! it was wrong ; Idid not rise to assist her ; Ihave known Roome for several yeare ; oke of hiv g with the District ens the room th Attorney, that Mr ted, that he was one of the counsel Lhe had aright to Voonnres then # for Hatfield, and as such, he presuam converse with the witnesses. The Distarot Arronwey refused Price and Sheph angel fox r, denied that Mr Voorhees had any thing todo witht on trial, when the examination of witness was resumed as follow: Direct by SuxrHeKo—I do not think she saw Dingler while he was in the bur--+ 4 with her back to with her hat in li he did not charge Mr with injuring her. HILLIPs, for progecution—Mr, Dingler sent for me to come and see hi at the prison ; Ihave seen him seven or eight times ; [do not know why he sent for me; I be: lieve he wanted me to go to Jake Roome’s house to he @ witness for him ; he Sidnot bring it to my recollection that Jake Roome brought the girl in; bh id he thought that if Jake Roome would come upon the stand it would put ed until Mesers. au end to it ; Dingler did not tell me any thing that occur. the girl came out 1 went across to Pinteux’s ; red in that house to refresh my memory ; Edward Carpen- |; reason was, that! thought it was no place ter went with me to see Dingler inthe prison ;Itook some | or me; 1 was under apprehensions of di et