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

NE‘ YORK His ALD. ——— O> Mr EB. B. Torrie is authorised to receive adver- Msements for this paper, at the following office prices :— Tarr Somers Case nm anonymous writer, sign- ing himself “ Pinkney,” comes out in yesterday's Courier with the first of a promised series of arti les in defence of Commander McKenzie. Some people would be disposed to doubt the propriety of sucha procedure just now ; but the writer is evi- dently one who gives himself as little trouble about the strict observance of propriety, as he does about the tacts of this very case. “ Pinkney” deals largely in gratuitous assumptions, and with amusing sang Jroid takes for granted as well established facts, mere assertions and statements which are altogether unsupported by any evidence as yet developed. Be: fore proceeding to examine his reasoning, we beg to present the following specimen of “ Pinkney’s” magailoquent style—it is in the true “ King Camby- The sturdy and manly sense which once character- ized the Anglo Saxon mind, seems to be wearing away and perishing beneath the corrosion of a sickly sensibility, compounded of a bad system of philosophy and a worse m of religion. An attempt to convert an American el of war into a pirate; to tear down the honored en- n of our country and run wp, in its place, the black and bloody flag of the ireebooter ; to arm, murder and lust with Fesistiess force upon the common highway of na- Seems, in some quarters, scarcely to have excited anemotion of horror. But the depraved and desperate men who had devised this hellish plot ; who had already rificial knife and beheld, in imagination ms bleed ; who were ready to thrust mnocent women whom they might en- are, into the pirate’s brothel, and im- molate them at the shrine of the outiaw’s lust ; these men, the Aostes humani generis—baffled in their bloody and bru tal purpose, and crushed beneath the severe blow with which necessity had armed the law and its ministers, are wept over by men who will be just as ready te weep over the punishment of any other criminals, and to lament the prevention of any other crime.” After this eloquent exordium, the writer proceeds to lay down his positions as follows :— I. That there was sufficient evidence of the existence of @ mutiny, and that Spencer, Cromwell and Small were ineers on board the Somers. II. ‘That there was an apparent necessity for the execu tion of those mutineers, to preserve tue vessel, her officers and crew. HL ‘That if Commander McKenzie, judging {rom appear- ances, and from facts within his knowledge, and acting upon the unanimous advice of his officers, deemed the ex- ecution to be necessary, there was no malice ; and the ex- ecution in conformity ‘with such conviction and advice, was an act of duty, and justifiable in judgment of law, even though it should now seem to have been unneces: sary Now, as to the first of these assertions how has it been supported by the evidence? There was, strictly speaking, no “mutiny.” The statement re- specting the insubordination of the crew, neglect of orders, and so on, were not at all made out in the subsequent investigations. It is true, that Spencer and Cromwell, looked at one or two of the officers with what was regarded as ‘“‘a most infernal ex- pression,” butthere is no evidence of positive dis- obedience, nor utterance of threats to overthrow the authority of the Commander. Spencer had, in- deed, formed a “plan of a mutiny, but we have been unable to discover any satisfactory proof of his hav- ing submitted it to Cromwell or Small, or of their having united in a conspiracy. A plot had been tormed in the mind of this thoughtless youth, and committed to paper—that was the whole amount of the matter. The affecting allusions to the design of capturing the New York packets, and violating the female passengers, are wholly unsustained by fact and are now generally correctly estimated. ‘ But admitting that these men were mutineers, then comes the question as to the necessity of their execution. We think the facts as developed, ren- der the solution of this inquiry very easy indeed. The fact that Spencer, Cromwell end Small were arrested, and that at different times, without the least resemblance te any thing like an attempted rescue being presented—that four others were after- wards confined, with the continuance of the same subordination—that for five days after the arrest of Mr. Spencer, perfect good order prevailed, nothing appearing to interrupt it, but the “groups” of boys wondering what it all meant, and which ceased when their curiosity was satished—these surely afford sufficient evidence that there really existed no serious grounds of apprehension for the safety of the officers and the brig. As to the third position assumed by “Pinkney,” itis only to be remarked that the absence of malice did not justify the commission of the deed for which Captain McKenzie is at present under trial. If it were done from cowardice or tear, it were equally reprehensible as if perpetrated through malice. The opinion has gained much ground that Captain McKenzie and his officers acted with panic-struck precipitancy—that every thing appeared threatening and portentous of disaster and murder. The Court of Inquiry justified Commander Mc- Kenzie, but we doubt much whether any one ot its members would have acted as he did in the sane circumstances. He wil] probably be sequitted by the Court Martial likewise. But that matters little. There isanother bar at which Commander MeKen- zie has been arraigned, and there his justification and acquittal are notso certain. That is the bar of calm, unprejudiced public opinion. Surveyor or THE Port.—It is rumored about that Major Noah has been appointed Surveyor ot this port. We presume it is notso. it_is so, the movementisa very injudicious one. The Major, when Surveyor before, never performed the duties of the office, and it is not likely he would do any better no He is, we dare say, a very great friend to Mr. Tyler, and there are several ethers here who having been on every side and betrayed every side, would, we presume, be willing to do the same thing for Mr. Tyler, if he would but give them en office But the alliance of these names with the President, as his friends, would be political death to him, or any other man. Nothing could have been done more prejudicial to the interests of the President than the establishment of the miserable little syco- phant papercalled the Union, under the management of Major Noah. The paper has died, and has done nota little to prevent Mr. Tyler from being respect- edin New York. There is no propriety in making offices for the support of worn out party hacks, who never did any thing well for themselves or any body else; and certainly there is great wreng in displa- cing good and efficient officers to make room for such persons.—Journal of Commerce. Thus speaketh David Hale—and he epeaks the truth. The establishment of the Union, and the lu- dicrous attempt made by Noah,Fisher, and othera,to create an exclusive Tyler party here, have turned out to bethe most melancholy abortion we ever saw. Yet Captain Tyler—good, easy, trusting soul—was made to believe that such a movement would re-elect him to the presidency in 1844. Da- vid Hale, however, is wrong in one point. Noah does not want to be Surveyor—he desires to be sent out as Minister Plenipotentiary, with a cocked hat on his head, and a sword by his side, to settle the difficulty with the Emperor of Morocco. This is his darling passion, and it is probable he will be ap- pointed to go, for that purpose, to Tangiers. It is no less certain, how: , that the appointment of Ma- jor Noah on such a mission will be considered a reater insult by the Nmperor of Morecco than the original quarrel. Major Noah has been in that coun- try before, and is well known Meeting Anovr tHe Saitor’s Home.—A great meeting is to be held the Shakspeare to-morrow evening, of all those opposed to the “ Sailor's Home.” What is the object?) What dothey want? What are their purposes? Tue Frere Foi —This new pantomime came off last night at the Park. {tis a gorgeous display of scenery aided by most ingenius machinery. We shall speak of it more fully hereafter: in the mean- time the public will notfail to visit the Circus and see it tor themselves; it must have a great run.— Mrs. Howard as a Belle Maugerite, did herself Breat credit. She is ae nimble-tooted on terra firma as she is upon hi yack. ‘There are several acts of magic and enchantment that are very surprising.— The last scene in the pantomine is exquisitely beau- tilul, and produces great effect It will be med again to-night Ovp Pamosorny. —That section of the new-light philosophy of the Present fragrant age of a dirty world, which is led on by Horace Greely & Co., has undertaken to reply to our remarks on the new association project, in a sort of argumentum ad hominem, as follows:— The Editor of The Herald has laid claim to be in ad vance of the age fn ideas of Reform and general i ment; be has promised from time to time anew Philoso phy, new Doctrines—social, religious and political. We see, however, in his paper nothing but neem ‘ons and pro- ‘There is nothing positive, attirmative or con- He protests against the Banking System ; he protests sometimes agninst one Party; sometimes against another; he protests against all new Theories, Views and Doctrines, but he gives nothing new or constructive. In attacking’ new Doctrines, he pleases, no doubt, that Con- servative spirit which exists throughout Society,and thus gains the applause of the Multitude —Tyibune. The new-light philosophers must have read the Herald to little purpose if they have not discovered long since the leading ideas of our philosophy. It is very simple, and very easily understood. We are perfectly satisfied with the present sys- temsin religion, philosophy, politic finance and banking. The banking system is as perfect a piece of machinery as it possibly can be—what we con- demn in that, and in other systems of the present age, is the want of moral integrity —the want of com- mon honesty—the want of honor and good faith. The schemes of the transcendentalists—the Fou- rierites—and all other modern reformers,are entirely erroneous in their very inception. The error consists in directing the attention solely, or exclusively, to mere intellectual or physical education—and ne- glecting the cultivation of the moral affections and principles. The Great Founder of Christianity fully understood this wonderful principle of human pro- gress. He took the socialand political institutions of society ashe found them inthis age, knowing very well that the moral affections and moral principles contained the real essence of human im- provement and general progress. Soin the present age—government, agriculture, finance, politics, doctrinal religion, literature—every element of intellectual and physical progress, are well enoughasthey are, without attempting any violent or sudden change. What we want to in- crease happiness, and to give the greatest impulse to civilization, is the right cultivation of the moral principles—the increase of integrity—the growth of honesty—all of which may be comprised in one rule, “love your neighbor as yourself.” No revul- sion would have ever taken place in the banking system, if integrity and moral principles had govern- ed the financiers. Neither would the violent politi- cal, personal, or religious feuds disgrace the coun- try, if the honest and moral affections of the present generation had been better cultivated in youth. In fact, the great error of the age is the utter neglect of moral education. We have intellectual education— fashionable education—<cientific education—but no moral education. This is our philosophy—these are “ our doctrines, social, religious, and political.” In the present day they are entirely novel—although they are asold as the “sermon on the mount.” We were taught in that school, and we have endeayored to practice them through life—and a part of the same doctrines is the cash system applied to newspapers. Be hon- est—tell the truth—love your neighbor as yourself.— That is enough. TrraL or Commanper McKenzix.—The follow- ing is an accurate list of the names of the members of the Court Martial, appointed to try Commander McKenzie :- Captain JOHN DOWNES,* Parsivenr, “GEO. C. READ, ‘WM. COMPTON BOLTON, DANIEL TURNER, JOHN D. SLOA’ JOSEPH SMITH. GEO W. STORER, ISAAC McKEEVER, BENJAMIN PAGE, JOHN GWINN, “ ‘THOMAS W. WYMAN* ler HENRY W. OGDEN, IRVINE SHUBRICK. Juver Apvrocate, WM. H. NORRIS, Esq. of Baltimore. The members whose names are marked with an asterisk, had not reached the city yesterday at one o’clock, in consequence, as was supposed, of the non-arrival of the Boston steamboat. The other gentlemen met on board the North Carolina at 10 o’clock, and after waiting until the time mentioned, adjourned till this morning at 10 o’clock. The Judge Advocate remarked before the mem- bers of the Court separated, that he did not expect that they would do much to-day, as he had not yet had an opportunity of examining the record, the minutes of the Court of Inquiry being still in the of- fice of the department at Washington. The pro- ceedings of the Court Martial will not, it may be presumed, possess much interest. Day's Inpia Russgr Boat.—This new invention iscalculated to be of more value, we apprehend, than the inventor himself seems to attach to it. We have had occasion to advert to the inventions of Mr. Day before; but fornone do we think he merits more praise than for his conception of so ingenious and wonderful a boat. The great and all-important ad- vantage of this over any thing of a flexible boat kind yet invented for transporting persons or property on water, is that the weight ef persons in it is beneath the buoyant power, making the center of gravity something like the cars attached to a balloon; there. by ensuring perfect safety against upsetting, and lessening the chances for accident. Its model is most perfect, presenting the appearance and form of a Grecian gondola, and may be impelled with very considerable speed and great ease. It is so light as only to weigh twenty-eight pounds, and will occupy when exhausted, less than the space of one cubic toot, yet will sustain a dead weight of over one ton: Its length is about eleven feet, and four wide—will comfortably accommodate four or five persons,who might with perfect safety cross any stream this side ot the Pacific Ocean. ° Itis provided with'very inge- niously contrived flexible air pumps, with which the boat can be fully inflated in the almost incredibly short time of four minutes; while much less time is consumed in discharging the air and folding it up. These air pumps are connected with, and form part of the boat. We have neither time or space for a full description, but we venture the opinion, that when its value is appreciated, no travellers through new countries, travelling expeditions, or corps of engineers, will feel prepared to depart without them. For the use of the army on our frontiers in time of war, the advantages from them would be incalcula- ble The one we saw is intended as a present to the Bey ot Tunis For Hupson anp THE InrermeDiaTE Lanpines.— The comfortable and substantial steamboat R. L. Stevens, will leave the foot of Murray street, at 5 o’clock this afternoon for all the landings between this city and Hudson. Communication with Bostox.—Adams and Co., and Pomeroy and Co. supplied us with Boston papers yesterday afternoon in advance of the mail. Cnatnam Tueatre.—The grand pantomime of the “* Black Raven of the Tombs,” which has been produced in a style of unequalled splendor, with new scenery, dresses, decorations, &c., has been drawing overflowing houses since the first night of its performance. It is truly a brilliant affair, and displays the superior tact and ability of the manager with marked effect. It is to be performed this eve- ning, in connection with the very interesting drama of the “Brigand’s Oath,” in which the pretty Miss Adelaide Phillips appears, and the succesaful drama of “Rinaldo Rinaldini.” A most attractive bill, and one which will doubtless draw an uncommon house, Gq The Mummy at the American Museum has shown signs of astonishment lately, at the unprecedented and in- creasing crowds which daily and nightly throng that establishment. What wonder ! In all ite three thousand yours, it has never been the witness of such a combina. tion of attractions, It never saw a dwarf like Tom humb, so small, so handsome, so every way delightful— rauch gorgeous and thrilling spectacles, or euch utiful and funny sights as are seen nightly in the grand saloon. This is the last week, and Saturday the last day and farewell benefit of the General. HE ‘oLick Sysram—Tue Primary Meet- 1ngs—Morx Exrosurrs.—Tie District Atterney and Justice Taylor have both submitted their plans of a new Police. And the people now look to his Honor the Mayor to come out and improve upon both sys- tems, give them definite shape and proportion. Thore is no individualin this community who hes had greater advantages, more ex; erience, or who is better qualified to. submit an organized plan of a ood preventive Police than Robert H. Morris. Let him prepare it without delay, and present itto the Common Council. It will be there received by both political partes with favorand respect Then let the Common Council act upon the subject prompuy; and as legislative action must also be had upon the new organization, let both political parties concur unanimously in submitting it to the Legislature. Now is the time to strike while the iron ishot. The whigs profess to be in favor of a reform ofthe Police. Theycan have the concur- rence of the locofocos and the Mayor; indeed it would be necessary for them to endorse it over in order that it may receive vitality from Albany. But we are not aware that any opposition to a re- organization of the Police will be found in either of the two parties as such. The great difficulties to be encountered are in the fears ot members of the Com- mon Council indiscriminately, to come out openly as the advocates of a reform. They are atraid of the influence of the Marshals and others whose ten- ure of office may be affected by the re-organization. The “primary meetings” stare them in the face like 80 many “devouring ogres,” Atthese primary meet- ings the Mayor’s hundred .marshals make their influ- ence felt to a degree that is a perfect terror to your Common Councilmen. Each marshal is able to bring with him atthese meetings from seven to ten vo: ters. They are dead set against any ‘police reform, and have decreed political annihilation against any charter officer who shall dare even to propose a re- form, much more to vote for it. If, then, it be true that all charter nominations are in reality made— notat the general nominating conventions held at Tammany Hall, and at Broadway House—but at these primary meetings, and if those one hundred marshals control the vetes at these primary meet- ings, then the whole mystery is cleared up in rela- tionto the fearsof your Common Councilmen to vote for apolice reform. People wonder and won- der why the Common Council do not decide at once upon a police reform. Both political parties— every body—all are agreed upon its necessity, and are in favor of it. Why, then, is it notdone? We have already answered the question; the reason is to be found in the influence wielded at the primary meetings by persons whose tenure of office would be affected by a reorganization of the police. We shall have more to say on this subject anon. City Intelligence. * Tue Way To GET ovT or Prison.—The practic under the habeas corpus system, formerly so much in vogue to obtain the release of rogues from prison on straw bail, &c., has been superseded by a new lawyer’s trick, that is such an outrage upon all jus- tice that we feel bound to expose it. A few weeks since, Thomas Parks, notoriously known as an old thief, and but recently out of State Prison, was ar- rested and fully committed on two charges of “clear and flat” burglary. The person engaged as his counsel immediately took measures to ob- tain his release, but knowing that an appli- cation for a writ of habeas corpus could avail no- thing, as bail would bedemanded in a large amount on the twe charges combined, and wishing probably also to avoid the expense,he applied to deputy keep- er Homan, for copies of the two ‘commitments against his client. The lawyer then presented one of the commitments to Judge Lynch, and bail was allowed tobe entered in a small amount. He then applied to Recorder Tallmadge with the other com- mitment, and without explaining the circumstan- ces or stating thatthere were two charges against his client, obtained his release on bail that was there presented. The ends of justice were thus tri- fled with, and Judge Lynch and the Recorder cer- tainly deceived and imposed upon. We have not been able to ascertain who was given as security tor the appearance of Parks, as no return of the bonds had been made yesterday to the Clerk of the Ses- sions. The manner in which this business was ma- naged, however, gives good reason to believe that the security is not any better than it should be. Elizabeth Case, the notorious passer of counter- feit money, who stands committed on two charges of forgery, was also discharged by the same means used in the above case of Parks. Cuarcr of Forcery.—A young man was ar- rested yesterday ona charge of presentinga check, purporting to have been signed by James Lynch, grocer, to the New York Bank on the 27th inetant. for $500. The check was doubted by the teller, andieturned to the possession of the person who offered it. He states that he received it in payment for bills exchanged in his business as a broker, and that he returned it to the person from whom he ob- tained it atthe time it was refused by the teller. On examination he was held to bail, but the check being out of the pogsession of any of the parties the prosecution will amount to nothing, and will there- fore, probably, be dismissed without being taken before the Grand Jury. Drownep.—A marine named Griffiths, on_ board the Independence, jumped overboard last Friday night with the intention of swimming ashore and deserting. The tide at the time was runuing strong, and the gunfortunate may quickly sunk. His cap was afterwards recovered, but his body has not yet been found. A Museum Rossgp.—On Sunday morning last the building 130 Chatham street, occupied as a hat and cap store on the first floor bv William Banta, and asa museum on the second, was forsibly enter- ed by burglars who pried off the lock from the front door of the entrance to the Museum. They then descended through a trap door into an area in the rear of the building where they. raised a window and then passed into an entry which led to a door in the rear of the store. The panel of the door was broken and the thieves then passed into the hat store from whence they stole twenty five yards blue black silk,a hat and other fancy goods valued at about $70. Officer Sparks and Colvin ebtained a clue to the bur- gare yesterday and arrested a fellow named James illiams, who says he is from New Jersey, and his partner, William Norris, who hails from any wheres A portion of the stolen silk and other articles taken from the store were found where these men had sold and pawned them, and they were therefore fully committed for trial. Street Pickrocxet.—Yesterday afternoon, as William Wilson, a black man, was passing up Broome street, he felt some one tugging at his coat pocket, in which was his pocket book, containing $40 in bank notes. On turning round he found the hands of a man in his pocket, and seizing him placed him in the hahds of an office of police. The fellow had contrived to dispese of the pocket book toa partner, as it could not be found on his person. He said his name was Leonard Baum, and was fully committed. Femate Ropser.—A man named Samuel Gerty, entered complaint yesterday against the wife ef Ber- nard McGuire, of 79 Goerck street, charging her with robbing him of $9 while asleep in the bar room of the house. She was arrested and committed. Warren in THE Tomas.—A black fellow, name! Peter Titus, was committed yesterday, charged by Gittord Johnson, boss waiter, of 73 Laight street, with appropriating a pair of China vases, plated cas- tors, &e. to his own use, he having been sent by Johnson to convey them to 240 Mulberry street, where they were to be used at a party. Mr. Eprror:— _ lam not a reading man, but having accidentall seen a late number of the Boston Courier, I found, in the congressional column, that a Mr. Fessenden had told the assembled legislators that the “terms of enlistment ot the marines of the Exploring Ex- dition had expired at sea.” Now, asl happento be aware of your extreme talent for discovery, can ‘ou assist me with the information as to where this r. Fessenden acquired his knowledge of a trans- action upon which he makes so broad an assertion. The terms of at least six expired in port, where ships were clearing aimost daily direct forthe United States. Four of the above number were scandalous ly and brutally treated, ironed, imprisoned, half fa- mished, and flogged. The details of the meluncholy story are preparing, ind the eitizens shall one day know how vilely their detenders are abused. Under the fatigue cap ofa United States marine sometimes jes an understanding, avd beneath the jacket he har assumed tor the service of the republic,beats a heart brave enough to defend them 1am, Mr. Editor, &e., &e., Ons or Tax Punisuen Max From ALBany.—The steamboat Utica, Captain John Scott, (the second cousin of the same John Scott whose rifle made the coon say “ gone”) ar- rived last evening at eight o’élock from Albany, and wil! again leave for Albany, this day at five o'clock. Our private accounts are very interesting, but un- ripe for publication. The devil is to pay among the office seekers. Madame Sutton and Signor De Begnis gave a concert on Monday, which was well attended, and they give another to-morrow night We annex the following letter from our corres pondent :— {Correspondence of the Herald.) Acsany, Monday, Jan. 30, 1843. So irregular and uncertain has been the commn- nication with New York—one day a steamboat, and next day not—that | have found it almost impessibl« to send you anything, that I could caleulate with any degree of Ceriainty, would reach you within the present seasen. The navigation, while | write, is effectunlly closed, and ef course the Housatonic ronte will be the most expeditious again. In both Houses of the Legislature, though avast amount of talking is being done up, but a very litte real business is disposed of. For the last three or four days, the Senate have been engaged in the dis- cussion of that vital question—whether common ru- mor, is correct 1n insinuating that Governor Bouck, white Canal Commissioner some years ago, did or not pay a littie more thanhe ought, for some work on the canal wear Port Schuyler. The democrat: say no. The whigs, Messrs. Dickinson and Root, in particular—yes, and are continually offering reso- lutions for the purpose of obtaining information on the subject. Mr. Dickinson in the Senate to-day, offered a resolution of that nature, and in the re- marks with which he accompanied it, used the fol- lowing language:—“I aver that Wm. C. Bouck, while a Canal Commissioner, fraudulently and wan- tonly expended the public money for the benefit of interested partizans.” Mr. D. pledged himself to make good all he has charged, and more beside. That “old white horse,” may have stumbled once after all. However, Mr. Dickinson will have tough werk to induce the people to believe it. Mr. Rxopks, in the Senate,’ fede aterse @ reso- lution instructing the Committee on Manufactures,to inquire into the pxpedicacy of abolishing the inspec- tion of salt; which was adopted. The following bills were d:—To repeal the act in relation to inspection of leather, passed in 1841; to exiend the time of Daniel Leavitt, Receiver of the North American Banking and ‘Trost Company 3 for making a final dividend and settlement, rela- tive to the trustees of the Seaman’s fund and retreat in the city of New York, and to incorporate the New York Floating Dry Dock Company. In the Assembly to-day, Mr. Dary presented a tition from seven thousand citizens of New York, for an alterationin the lien law, which was referred, after some debate, to the New York delegation. That erudite legislator, Mr. Enock Strong, distin- guished himself in this debate. This man is cer- tainly one of the greatest geniuses uncaged. He is the chap who opposed the mill tax, on the ground that asthe tax was levied solely on mil it was therefore unequal and unjust. Mr. W. Hat pre- sented a petition from numerous editors and publish- ers of newspapers, asking for an amendment of the law of libel so as to place the defendants in civil suits on a footing with persons indicted for libels. The bill to amend the charter of the Bowery Jn- surance Company, after considerable debate, was passed—92 to 16. Mr. Jones gave notice of a bill to repeal the act of 1840, to extend the right of trial b jury to fugitive slaves. The passage of this bill will not fail to give satisfaction to cor true friend of the constitution and the Union. he whigs will go strong against it, and when it comes up for discus- sion, as the almanacs say, look out fora storm about these days. i i Mr. Atcenlaid on the table a joint resolution fix- ing on the 7th of February, at 12 M., as the time for the election of a U. S. Senator. Mr. McMurray made a very able speech to-day, on the Governor’s message, which he had not concluded when the House adjourned. i . The report of the commissioner appointed to ex- amine into the practicability of employing convicts in mining is a most interesting document. Itis strongly favorable to employing the convicts in that manner, and recommends the purchase of an iron mine in Clinton county for that purpose. The com- missioner estimates that a gang of one hundred convicts might be immediately employed there; and that ultumately profitable employment might be given tosome five hundred, under an outlay of some- thing like $170,000 for the mine and new cells. .No New York appointments yet. Itis said that his ‘‘Agriculturalist” has been so bored by his New York friends, that he has come toa conclusion, out of revenge, to leave the city nominations until the last moment. Meanwhile the time hangs heavily on the hands of the poor devils. i Signor De Begnisand Madame Sutton give a con- cert at Female Academy this evening. To-morrow evening they sing in Troy. Simon. LEGISLATURE—SENATE. Tuespay, Jan. 31. Perrtrons Presentrp.—By Mr Varian, (2) from the Mayor and Aldermen of New York, for some changes in the plan of thatcity. Mr. Dickinson of- fered a resolve calling for the amount of canal tolls the present year, and a long and wordy debate fol- lowed, consuming the time tll hunger compelled adjournment. ASSEMBLY. Petitions Presentep and Rererrep.—By Mr. Baldwin, for an amendment of the lien jaw in New York; by Mr. Hibbard, from New York, for repeal of the fire limit law in that city. : . Mr. W, Hatt called up his resolution in relation to the Virginia Inspection Law, &c. Mr ad. dressed the House at length on this subject, denoun- cing the course ot Virginia during the controversy, &e &c. On his conclusion, , Mr. Hatuaway observed that he wished to ad dress the House on the same subject, in reply to the gentleman from Albany, but asfrom the late hour, he could not ask the indulgence of the house, he moved that the resolution be laid upon the table, which was agreed to. . \ The House refused to go into committee of the whole on the Governor’s message ; Mr. McMurray having informed the House that time would not be afforded him to finish the remarks he intended ma- king on that,document. __ On motion, the House adjourned. Rents.—As this is the season at. which this sub- ject occupies the attention of our citizens, I propose to offer a few observations thereon. That, owing to the general depression of business, tenants cannot afford and ought not to pay the previous high rates, is evident, and the justness and necessity of lower rents will appear, when we consider, that while the amounts and profits of business, the value of real and personal estate, and the cost of articles of use and consumption have declined fully one half, rents in general have not declined in proportion. But, say the landlords, ith a large increase in the taxes on our proverty, is it fairthat we should take less rent ? Certainly. Does not the owner of personal properly also pay the increase, and does it increase its value or enlarge his income ? Does the capitalist receive any larger interest for his loans? Are they not ac- tually getting less? And ought not the holder of “ fast” property conform to the times? They can also procure as many of the comforts and even luxu- ries of life, with the rents proportionate to the times as they could at previous expansion prices. I would advise landlords who have good tenants to conform to the times and keep them, and not insist upon such rates as their business cannot afford, the result of which is to break them up, and the landlord lo- ses his tenant and his rent. KnIckERBOCKER. Cireuit Court, Before Judge Kent. Wallis $ Christopher vs. Moss & Bond.—This been up in this Court for some days past ‘The , Moss, @ young man carrying on the ary goods ‘business at Mount Morris, Livingston County, in New k, came to New York city in the month of September ind gave orders to several houses for goods to a large amount, and amongst other hor |, to the plaintiffs, “hs October te sent orders again he different houses to which he gave the former orders. The goods ordered upon both occasions amounted to $14,000. The propor: tion of the goods ordered from plaintiffs house amounted to more than $700. It appears that when the orders were received, Iain.tiffs made some enquiry about the sol- of Moss,and upon that point, reference represented him to be a young ding, and perfectly worthy of credit. representations plaintiffs gave him the goods. Is turned out that at the time the orders were given Moas was a minor; that Bond knew the fact,and the time he made those representations Moss w: refused credit by another house on the ground of his mi nority. In some short time after Moss obtained the goods, it was found he was unable to meet his engagements. He then declared for the first time that he was a minor, and if his creditors persisted in pres im for their demands, he would set up his minority as a defenceto their proceed ings. Subsequently, Mons caused a meeting of his credi- torsto be held, at which he offered to pay them fifty cents on the dollar, and on their refusing to accept t! threatened to plead his minority. The defendants, Bond and Moss, have pleaded separately. The Court has been for nearly two engaged in hearing testimony of the piaintifts tending to support the foregoing statements, and also cotemporancous acts of fraud on the part of the de fendant, Moss McVean & Bosworth for plaintiffs; Mr. Sherwood for Moss, and Mr. Cutting for Bond. In the course of his charge, which was very long, the Judge said ifan infan. obtains goods fraudulently, he may ischarged from the contract, but he must restore the goods, iv ewes of an infant may be If knowing himself to be an ct with the iatention of repudiating it, then it ry unfavorable licht upon his transaction. T/ Bond made false represent yns with the intention to d: ceive them, you must find rdict againsthim. TheJu- ry was ordered to bring in a sealed verdict to morrow morn. Common Council, Boanp ov Aupeamnn,—Wednesday, February lst—Al- derman Woodhull in’ the chair, and all the members pre- referred the subject of authorising a Hoxe Company located in Leroy street, reported in favor of the ob) The seme Committee, reported in favor of allowing Hose Company No. 28, anew hove carriage to be placed on four wheels, and built by contract. “ The Committee on Finance, reported in favor of leasing Castle Garden, to French nnd Helser, for five years, at an annual rent o! $3211, the Corporation to repair the wharf on the outside of the Garden, and the lessees to keep the Premises in good repair, and give security for the payment of the rent. Alderman Sst moved that it lay 0" the table, and be printed. Alderman Lex concurred in the opinion of the report. Alderman Bais said that he hoped a reservation would te made in the lease, to allow the Corporation to ex- tend the Battery even with the Garden, if considered ne- cessary at any future period. Alderman Jongs and Pua- py concurred with the repert. Alderman Bas offered a resolution that the lease should terminate whenever the Corporation considered it nec.s- sary toteake down theCastle. This was lost. Alderman Unprawoop,from the Committee of Financ presented a long and able report, giving their vie relative tothe present manner of collecting taxes, and ma- king assessments, and recommending the abolishment of the + ftices ef Collectors of taxes for the several wards, and establishing on a department where the taxes sh saving iL be Cn by the citizens, th: the yearly expense of 17 ward collectors with fees amount- ing to upwards of $20,000 per annum. Alsoto impose a persanal tax on the property of those persons who resi in towns in adjoining States and Counties, but who trans. act business in this city, and whose property is protected by the city government. The document was ordered to be printed. communication was received from Dr. Doane, Health Commissioner, recommending that applicatiou should be made to the Legislature to allow emigrants the privilege of entering the Marine Hospital at Staten Island, when taken Sick on their arrival in this country. Referred to Committee on Finance, and ordered te be printed. On motion of Alderman Weovuutt, document No. 32, prohibiting the removal of persons mterred in any grave yard i thie city without permit of the Common Council, under a penalty of $260, was called up for reconsidera- tion, the Mayor ing vetoed the ordinance. These- condsection makes it penal in the sum of $250 for.any per- son having charge of a burying ground permitting a dead body to be interred without a certificate for a physician, or an inquest by the coroner. The second, that no cap tain of any vessel, or any other conveyance, either by land or water, shall remove the dead body of any person who has died in the city, beyond the limits of said city, under a penalty of $260. The ordinance was then adopted, notwithstanding the objection ot the Mayor by a vote of 11 to4—Aldermen Smith, Purdy, Hatfield, and Stewart, in the negative. The Finance Committee reported in favor of leasing the hay scales at Tompkins’ market to Mrs. Hannah Earle, for $100 per annum. Joint Meetinc.—Both Boards here assembled in Joint Meeting. Thereturn of the Chief Kngineer for December and January, were read and adopted. Charles Holmes was appointed Dock Master of the Fifth Ward in place of Joseph Webb. He was also appointed Health Warden by the Board of Health yesterday after- noon. Wm. H. Barnesand Simon Ackerman were appointed Measurers and Inspectors of Lumber. ‘Alexander Patterson was appointed City Weigher. The Joint Meeting then adjourned. Alderman Lex moved that the Board now take a re- cess, ‘Alderman Woopnuzt. opposed it because he thought there was nothing at the supper table to induce himto go down stairs. Alderman Croutvs advocated the recess as atime honor- ed practice, and said thathe should always move an ad- journment at 7 o’clock. Several of the members here left tor the supper table, and the recess for thirty minutes was then carried by a vote of 6 to 4. The Committee on Laws, to whom was referred the matter of closing the old post road, reported in favor of submitting the same-to the decision of the Supreme Court, and asked to be discharged—which was adopted. ‘The Committee or Streets, reported in favor of paving a space four feet wide on the southerly side of Bloomingdale road and the fourth avenue. ; : The Committee on Police, reported in favor of paying Dr. Stewart a bill of $12 for medical services rendered at one ofthe city watch houses. ‘The Serjeant-at-arms was here despatched for the absent members, there being but ten in their seats. A resolution to pay William Foey the additional sum of $150 for the construction of a well at 49th street and 34 avenue. He contracted to make it at the lowest price offer. ed, but owing to the quantity of rock through which he was compelled to blast, the sum agreed upon was not sufficient to pay for the work done. A long argument ensued, in which Aldermen Davies, ray, Gedney, and Underweod, took part. The two lat. ter objected to any increase of pay, while the two former advocated it. The Chairman of the Committee that reported this reso- lution being absent, Alderman Purpy moved that the sub- ject be laid on the table, which was adopted. The Committee on Lands and Places reported in favor of allowing the Comptroller to lease all the common lands of the 12th Ws for the term of ten years, at such rents per year, payable quarterly, as he may deem pro- per, said lands ‘to revert to the Common Council in case they should be required for public use, and not to be used for ice ponds. Adopted. d The roll was called at this point, and Aldermen Leon- ard, Hatfield, Bonnell, Stewart, Carman and Lee were found to be absent. The report of the Committee on Roads and Canals of the Assistants in favor of altering the grade of 24th ani bor has between 6th and Sth avenues, was concur- red in. The Finance Committee presented a report recommend- ing the appointment of Samuel Gilbert Jr. as_an appraiser to settle the amount of rent to be paid by Hunt & Ran- dolph for lease of premises occupied by them at the cor- ner of West and Fulton sts.—Ado} |. ‘The joint commuttce of Fire and Water reported fin fa- vor of employing the Sexton of the Presbyterian Church in Spring street, near Varick, to ring the bell of that Church fa cases of fire, at. $75 per annum, and also the bell ringer of the Church in 2iststreet, near the Ninth Avenue at $50 per annum. Adopted. This plan was a fopted in preference to placing a lerge bell. on Clinton Market. The Committee on Streets reported adversely to the construction of a Sewer in Thames street. ‘The Committeeon Streets reported in favor of discon- tinuing further proceedings in opening 128th street, be- tween Fifth and Sixth Avenues—Laid on the table. The Committeeon Laws concurred with the Board of Assistants in paying Henry M. Carpenter $244 26 for costs of an ejvctment suit commenced against him by Philo T. Ruggles and Francis $8. Brown. The suit was for eject- ment from a lot of land sold by the Corporation toMr. Cars penter when the property belonged to the sbove named gentleman—Adopted. Alderman Uxpenwoep presented a resolution autho- rising the Comptroller to sell at public auction the follow- ing real estate :—Three houses and lots known as Nos. 37, 39and 41 Bondst. The five story store corner jof Liberty and Green streets; feur houses and lots known as Nos. 1, 8,6 and 17 Third Avenue; house and lot on Hammond st. running through to Perry he re of ground at the corner of Beach and West sts., and two lotson Water st., corner of Pike slip. Adopted. And the Board adjourned to Monday next. Boanp or Assistant Avpeamen—Sreciat, Meetina, Fen. 1.—Pres:nt the President and a quorum. The mi- nutes of the last meeting were dispensed with. Assistant Alderman Warp calle!up document 57, be ing the report of the Committee on Ferries, on the memo- rial of the Grand street and Williamsburgh Ferry Compa. nies, to be put in possession of certain property appertain ing thereto, and resolutions, that the superintenuent of re- pairs cause the fence established between the Ferry Com- panies at Williamsburgh to be removed on the Ist of May next, and that the Companies be left to settle their claims upon said premises under their itive leases, and the Grand street Ferry be allowed the expenses incurred amounting to $4,440, excepting the sum of $1,195, for re. Placing rack and logs at Grand street in this city, and at illiamsburgh, of which such amount only shail be al lowed as the Street Committee deem just.—Adopted. Resolved, That when this Board adjourn it adjourn to next Monday week, and that the subject of Police Reform be the special order ef the day. By Assistant Alderman Brows, Resolved, ‘That {inquiry be made into the condition of the inmates of the Lunatic py one at Blackwell's Island. rvorts. -Of Street Committee in favor of 37th street between Sth and 10th avenues. Of Assistant Alderman Nessrrt_in favor of leasing the lot of groundon Battery Place to Mr. St. John, with the following amondment to the resolution, viz: that the lea see pay the taxes and that the time be ten years instead of five—Concurred in. From the other Board—A report in favor of paying Mr. Anderson, Chief Engineer, for extra services $333—Con- curred in. passed, and the @perd adjourned regulating Some resolutions were to Feb. 13, 5 o’clock. Puten & Corr.—We thank these gentlemen for Albany papers of yesterday morning, three days in advance of the mail ! Bankrupt List, SOUTHERN DISTRICT OF NEW YORK. William Wiune, New York, late merchant ; Benajah G. Smith, New York, clerk ; John B. Satterthwaite, New York, clerk ; Elisha Sherwood, New York, clerk ; Na- thaniel Washburn, New York, carpenter; John Woolsey, Fiatiands, Kings County, late merchant. Court of Common Pleas. Before Judge Inglis. Jan. 31.—vAddington D. Frye ond Robert L. Shawlws. the New York and Harlem Railroad Company.—The plaintitts sued the defendants, because th bill of about $600. The circum: The plaintiffs are extensive manufacturers of wautical and mathematical instruments. The company wanted to use anumber of instruments for surveying a track in Wertchester county, and directed their chief engineer, Mr. Shipman, to purchase them wherever he could on the credit of the company, Accordingly, Mr. Shipman pro- ceeded to the store of the plaintiffs, where he was well superior gono- obliged known, and ordered, among other thin} meter, valued at $120, which the plaintifts were to manufacture specially for this company. P eround, but there were no funds. Aiter se eftorta to collect their bill, the plaintiffs institu and it came on to be tried’on Tuesday. ‘The plaintiffs led Shipman as a witness who stated that the claimed was correct, and that he had certified a Dill to the company as correct. The defendants the: were not responsible they knew nothing a and insisted that they of their engineer ; that ofthe instraments in question, although they asked the engineer to certify to their delivery 4 from him an inventory of the wame = And they the custom of all engineers to furnish their and jary looked upon th amall potato found For plaintiffs, James F and Marselis, BY THE SOUTHERN MAIL. Og The mail South of Washington did not arrive last night. ‘ Washington. [Correspondence of the Herald. | ‘Wasuineton, Tuesday Night} Jan. 31, 1843. The Oregon Territory—Army Bill—General Jackson’s Fine, The principal business done to day, was the pas- sage ef the Army Bill in the House, and Mr. Cal- houn’s speech in the Senate, onthe Oregon Ques, tion. Inthe Houss, Mr. Currrorp offered a resolution, jnstructing the Committee on Ways and Means to inquire and report to the House, what will be the probable receipts into the Treasury during the cur- rent year from all sources ; and also what will be the amount of Treasury charges during the same pe- riod ; and whether there will not be a deficiency to meet the current expences ot the Government ; ifso, to report the probable amount, and what measures ought to be adopted to supply the means. This was rejected. : 2 ‘The Judiciary Committee reported against pay- ing General Jackson’s Fine, ander any circumstan- ces whatever. The Army Bill was then taken up, and the follow- - ing amendments were concurred in, and the Bill was pened, and sent to the Senate :— 1. Hereafter, in ail cases of apo ae of Ca- dets, the individual selected shall be an actual resi- dent of the Congressional district of the State or era, from which the appointment purports to be made. _ 2. That hereafter the number of Cadets shall be limited to the number of Representatives and Dele- gates in Congress ; and that each Congressional and Territorial district should be entitled to have ene Cadet at the said Academy. 4. That hereafter no Board of Visiters, shall be appointed, unless otherwise ordered by Congress— ayes 109, nays 51, 5. The appropriation for the Board of Visiters, as provided for in the bill, was, in accordance with the above amendment, stricken out. The amendment appropriating $3,000 for extend- ing and ae more complete the meteorological observations at the several military pests, under the direction of the Surgeon General, was rejected. In the Senate to-day a great variety of unimpor- tant business was transacted, among which about sixty private bills from the House were read, and engrossed. i Petitions were presented for the erection ef a floating dock from citizens of New York, by Mr. ‘TALLMADGE; against the repeal of the bankrupt law by Messrs. Wricur and Minter; in favor of the re- peal by Mr. Wricut; in favor of the issue of fo vernment stock, and for relief of Amos Kendall, by Mr. Sruragon, Se. : The joint resolution for the establishment of agen- cies for the inspection and purchase ot water rotted hemp in the States ot Kentucky and Missouri, for use of the U. S. Navy, was debated during the morning hour by Messrs. Smrru, of Indiana, Crit- TENDEN, Bewron, BayaRp, Krna, and others, and put over till to-morrow. The debate on the Oregon bill was resumed by Mr. Catnoun, in an able and statesmanlike speech, which was listened to by a large and attentive au- dience. Mr. C. said that it would be necessary in the discussion of this bill, to bear in mind that this is not a new subject, that a controversy has existed between this country and Great Britain as to this Oregon territory for many years; and that the preseut ‘measure extended to the whole terri- tory from the northern boundary of Mexico in la- titude 42 to the sountern point of the Russian pos- sessions in 54. it will also be necessary to remem- ber that many efforts have been made to adjust this claim, and that they have all heretofore proved un- successful. The first of these was made in 1818— it failed to adjust the question of boundary between the two nations, but in lieu of it, and in order to preserve peace, it was stipulated that the ceany should be free and open to citizens of both the States and Great Britain. In 1824 another effort was made to adjust the question of title between the British agent and the distinguished citizen of Penn- sylvania, who then represented our nation at the ‘ourt of St. James, but there proved to be a at difference between the parties which it was found impossible then to reconcile. The effort proved un- successful. The stipulation of 1818 provided that the territory should lie open for 10 years, an | just the expiration of the ten years, in 1827, another ef- fort was made by our minister, Mr. Gallatin, aod after much time and trouble spent in negotiating, it was terminated by simply continuing the convention of 1818, adding eonly, that either party might annul it by giving one years notice. That was all that was done, and all that remained to do was to make some stipulation that neither country should take, possession. Well, it must aleo be borne in mind thot from 1818to this day, there has been scarcely a single session of Cor.gress in which efforts have not been made in one of the two houses to assert the right of this nation to that territory. I well remember that the distinguished citizen of pane and atterwards Governor of that State (Gov. Floyd), persisted in bringing {or- ward this measure, with a similar zeal and ability to the honorable Senator’s from Missouri (Mr. Lion) and that his efforts failed. Now, Mr. President, the question is presented to us, shall this bill share the fate of all its predecessors? Aud that question involves another, and one of the first magnitude, on the settlement of which must dapend the fate of this bill, and that is, has the time now arrived that it will be expedient for us to assert and maintain our rights to that country? Sir, in this discussion, Iwill not include the question of title to the terri- tory, nor the expediency of occupying that terri- tory, as an abstract thing, nor shall I notice the commercial and political advantages of that country, nor the usual conduct of Great Britain, and her ambitious and grasping poli- cy which has been so warmly commented upon Af some gentleman during thisdebate. I will leave all of these points out of the question. I con: jerthe real question to be—has the time now arrived that it would be wise and expedient to assert our rights to this territory as proposed by thie bill For this pro- Poses to assert ourtitle, and that over the whole ter- Titory. Now, sir, Thold that it is not expedient for a plain and decisive reason, viz: that your attempt will be vain and fruitless, if resisted by Great Bri+ tain. And that reason stands on anothor equally plain and simple, because England can concentrate on that territory, a very great and powerful force, and at far less expense than we can do. seem to have forgotten the great occurrences which have recently taken place en the Eastern continent. _ Within the last year all the forces peeees by Great Britain have been liberated. She has just terminated a successful war with China, and has established-a strong force on the shore directly op- posite the Oregon. And what, sir, do you suppose is the distance across, from where they will hi powerful force planted jor years to come? 1s iess than five thousind miles. and ina few weeks they can put a force there, which would be utterly irresistible to any we could oppose to it. The force she might send there, would be backed by that most hardy race of trappers, as well as the swarms ot Indians both within and beyon¢ our lines. Now, sir, what do you suppose we can do on our part 4 Sur, I begin with our Navy. And what is the dis- tance to the mouth of the Columbia river in a naval point of view? If yousail ina direct route, it is over 18,000 miles, or nee halt the .circum- ference of the globe. The ordinary voyage is six months from New York to the mouth of the Colum- bia river. So, sir, the question of overcoming Eng- land there by water is settled; no man can dream of it. Now, sir, what is our hope of sustaining our rights there by land? From the State of Missouri to that country it is at least 2,000 miles, and one-half of that through an almost barren wilderness, aflord- ing no provisions except the game of the forest. Wel, now if it be thus, it will take our army up wards of 100 days to go there ; they would be ex- hausted, and worn out by the journey, and would be obliged to subsist only on such food as they could procure by the rifle. Sir, these are incontestible facts. No man can doubt them—no man ean gainsay them; in the present state of our population, there is an utter impossibility of our maintaining a foothold there, in case of taking aforcible possession And now the next question ie, will Great Britain resist? On this question the whole matter turns. Gentlemen have for weeksbeen holding upto view the hostile movements of Great Britain, her grasping and ambitious policy'towards us, &c., and if such be her disposition, is there any reason to believe that she will allow us to take a quiet and peaceable possession there? Sir, I differ with Senators here. I believe thgt the British min- istry are for peace—that they are actuated by pure and worthy motives; and especially has Sir Robert Peel shown himself, by hia Inte conduct, to be a man of great wisdom and sagacity, But, sir, while [believe that, [have not the slightest doubt that England, in such a case, would fight. I do not say she will make war, but she will do as we do; and if we take possession, she will also; and going on there before us, and being in possession, we shall have to put her out. And then, sir, she, being in possession, will make it a question; and we, bein out of possession, how much better settlement o} titles shall be get? Sir, we shall be compelled to take one of two alternatives—either to shrink back or to make war; and if we make war the whole country isgone and that forever. And should we do the former we should act hastily and rash. . Sir, I may ask you what isto be done ? Shall we abandon this territory 7 As bad as that would be, [know not but it would be better than to undertake war. It would be better ; but here let me say that I do not perfectly agree with my honorable colleague (Mr. McDuffie) that this country is of not much value. hold it to be of much value, in a commercial, and in every