The New York Herald Newspaper, February 3, 1843, Page 1

Vol, IX.—-No. 34,——Whole No, 3947. NEW YORK, FRIDAY MORNING, FEBRUARY 3, 1843. Price Twe Gents, "TO THE AMERICAN PEOPLE. I beg leave to give notice tothe AMERICAN PEOPLE, ‘of all classes and conditions, that I am making prepera- tions to republish, in the cheapest style, end in the week- Jy quarto form of newspapers, a diversified ond valuable selection from the RELIGIOUS LITERATURE of Chris tianity, produced by the men of genius belonging to ‘every sect during the last two hundred years. ‘The reson for attempting such a project is plain. Ma- terialism, infidelity and immorality, of all kinds, have of Jato been iudustriowly circulated throughout the country under such imposing names, and to so great an extent, that something must be done to revive the ancient spi rit of Religion an.) Morals. Lecturers of all kinds—so- phists on every subject—the worst and wickedest litera- tureof France and England, re-produced in the cheapest forms, have demoralized the age—and upset all the esta- plished land marksof morality and religion throughout the land. It is therefore necessary that something should be done But who is todo it? If none other will, I shall. I propose to republish in the cheapest form, in quick succession, a selection from the works of the best and purest RELIGIOUS AU THORS, be they Presbyterian, Episcopalian, Catholic, Methodist, Baptist, or any otherdenomination. These se- Jeetions will not be on religious comtroversy—but such as treat on practical piety—on good works—and on the ge neral princip!es of Christianity, without the bad spirit of sectarianism. To cerry out this project well, J possess a large printing establishment, and the Henauo, a daily newspaper, of thirty thousand cireulation, now eonsidered the principal advertising orgam in the country, capable of giving hroughout the Union intelsigence of these works as they appear. This Printing Establishment comprises 10 presses, 60 printers, 10,000 pounds of type, and aconsump; tion of about 660 reams of paper, of all kinds, per week. ‘We have every means in our power to carry this pro- Jet intu operation—and we believe that the American publio is ready to aidand assist any man, who will threw himself into the breach, and endeavor to revive the an- cient piety, virtue, and principles of our forefathers, in opposition to modern scepticism and immorality, which are stealing stealthily over the present generation, under the masks of geology, mesmerism, fourierism, finance, neurology, transcendentelism, human perfectability, and the whole train of modern philosophy and light literature. JAMES GORDON BENNETT. To Business Advertisers. Advertisers and men of business, who want to make the selection ef a vehicle for their notices in the ap proaehing spring busizess, are particularly called to the followiag authentic doeuments, relative to the circulation of the two leading papers in the city :— New Yous Henatp Son Orrice, N. ¥., } Orrice, Nov. 1, 1842. Aug. 29, 1842. Masons. Pensse & Baooxs: Mr. H.V. Buren :— Gent uRMEn :— su .— Please to deliver atthe Please deliver at the Sun Merald Office, New York Ottice, N. Y., five hundred Seven hundred and reams of paper per week, for reams per week of the six months from the 15th of sined. paper 28>32— for the October, 1842, to be of this Daily Herald. quality, size and weight, the Also 60 reams per week of same to be paid for in cash the large sized 32 *46 forthe every two weeks. ‘Wevkly Herald,for one year M. Y. BEACH. from thisdate, to beof que’i- I accept the above order, ty equal to this specimen. ~ and agree to furnish the pa- ments to he made each per accordingly. week in cash, in full for that HV. SUTLER. week. Aug. 31, 1942. QUAMES G. BENNETT. Witness, M. 8. Beacn, We sccept the above or der and will deliver it as di- rected. PERSSE & BROOKS, No.61 Liberty street. Janus Rowe, Samver Bemar, alo occas By these documents it will be seen that the Herald hes a much larger circulation than the Sun, and is therefore decidedly the best for advertising. Yet we would not ask any person to select either paper, contrary te theiT own views and feelings. The psper maker for the Sun ea very reepectableand very honorable man—and a capi al paper manufacturer. So also sre our paper makers, Messrs. Persso and Brooks, with whom we have dealt to the extent of nearly $260,000 in paper. Advertisers will Yemember ther facts. Te the Public. THE NEW YORK HERALD—dsily newspaper—pub- lished overy day of the year exeept New Year's day and Fourthef July. Price 2 cents per copy—or $7 26 per an- num—postages paid—cash in advance. THE WEEKLY HERALD—published every Saturday morning—price 6} cents per copy, or $8 12 per annum— postages paid—cash in advance. ADVERTISERS are informed that the circulation of the Herald is over THIRTY THOUSAND, and increasing fast. Ti hes the largest civculation of any paper in thie city, or the world, and is therefore, the best channel for business mon inthe city oy cowntry. Prices moderate—cash in ed- vance. PRINTING ofall kinds, executed at the most moderate prices, and in the most elegant style. JAMES GORDON BENNETT, Prorat ov tae Heaarp Estasisnmenr, Northwest corner of Fulton and Nassau streets, AGENTS, ‘1 n0 following is a list of the its for the Herald, where subscri will be received, and single numbers = ere found tor sale regularly aT WaT PLacE. ‘AGENTS. Blizubethtown, N. J. bethtow n, je New Brunswick, N. J iavi Wheeling, Va.. New Le n,Con., L. L. Sperry, New vy William A. Fry. sad . Loak. Savannah, Ga. Nashville, Ven A. Billings. UNITED STATES TEA EMPORIUM, 121, late 129 Chatham street, New York 2 ' HE, CANTOR TER EM EWH cise to fe "Tah cee uae Tage tera 4 ‘Their gscorument, « ‘, pow rful uredes.of Green and — cof nertnets aud igevect to merge nid purchasers are eajle wm the toll fully and. promptly decided ad 1 eae eh eee Cavemane. £0 supply them Toasted every 4a) I parts we in Ameriom, for the sale o- 418 im? a ~~ air that thoir quality and 2g {bite establishments, beads of families, ‘ano ol the United States execnted with PSE art unde lS Se I SE weg eee “s = 3 Hah & a5 eee Sas bee $252 are Hi e328 2523 3353 = Ps es z Fy cs &. 3 2 RK NiW ORLEANS. LOUISIANA AkD NRW YORK LINE OF PACKETS, For ‘accomme shy] It ite te despatch a ship from this bort on the Ist, thy 10th, ‘oth, och, aud 2th ot month, com ; enciny the 10th Getober coptina: ‘oder of 2 year’ wisereby Geet delays ied tesstpemona jer rear, whereby great will be j reventad during the summer months. ‘Tie folewing chips wit! commence this arrangement Be Se i PI MISSISSIPPI, Captain Hilliard. hip LOUIS: , Cayxain Hi sip HAKSPEAIE Canis Miser, hip GASTON, Captain ath Ship HUNTSVILLE, Captain Mumford. Ship OCMULGHE, Capuin Leavitt. Suir NASHVILLE, Captain D Ship MEMPHIS, ‘Ciytain Knight. Ship LOUISA, Captain Mulford. These ships were'all built in the city of New York, express- for packets, are of light draft of water, have recently beeu wly copperéd and put mn splendid order,with accommodations (or passengers unequalled. for comfort. ‘They are commanded by experienced masters, who will make every exertion (o give eneral satisfaction. ‘They will at all times be towed up aud low the Missinsippi by, stonmnboats. GA jer the owticrs or eaptaing of these ships will be responsi- ble for jewelry, bullion, precious stones, silver or plated ware gr for any, latiers, paral or package, soa hy wee board of them, noless reguler lading are 1D same AD’ the value thereon expressed, Wor freight or pesaaae, K COLLINS & C: Bouth st, HULLIN Has sb Got ‘Agent tn, New One d se Doles sores al seas? top ‘ortsed, and gree eare wil be taken to bave the goods correct measured. i NEW LINE OF LIVERPOOL PACKET». To silfrom New Yo ¢ 25th and§ Liverpool en the 13th w YORK, ene 26th February. Ship SIDDONB: Cay Govbeasth An » SHERIDAN, os gle Depeyater, 45th May. IVERROeL Ship SIDDONS, .B. Cobb, 13th Febraary. hip SHERIDAN, Captain F. A. Depeyster, 13th Naich. Ship GARRICK, Captain Wm, skiddy, 13th April Siu HOSCIUS, Cyialy John Collna, iath May. ; ‘These’ hips are all ofthe Gist class, apwards of 106 tone, built spthe city of New York, with such improvemenu ascombine Great speed with unusual’ comfort for passengers. Every care nas been taken in the arrangement their accommodations. h The price of passage hence is $100, for which ample stores will Ge period: Thies shins. ite Gamiounaded Wy experianced masters, whe will make cvery exertion to give genera atisfe- a Neither the captaing ot owner of the shite wil be responsi jetters, parcels or mt by therm, anleas Te- ae at lof lading are signed therefor. or troight apply to INS &'CO. th at, Ni Mk JAS BROWN K'COnLE Lotters by the packets will be charged 1234 cents pe sheet: 50 cents per ounce, and newspapers } ceut each. OLD LINE LIVERPOOL PACKETS. af sts for Li reafter be "Tbpiechodin toe folkswtag ofhcn eeteatiar that wien tee day of sling falls on Sunday, shipe will sall'on the succeed ing tf For New York. For Liverpool. 1 ly I The SOUTH AMERICA, {June q 6) et 1 lov ot Bailey, QFeb 1 Mar 1s ‘The ENGLAND, Jane 19 ug = 7 Oct ec, 7 Teeoxronte a oe? Re os hi 20 tote Nor i Dee 19 2 thbone, Mareh 1 April 19 The EUROPE, jaly Sent Nov EG Manan Mar ip i, 7 The NORTH AMERICA, § Ata 1 Bert 19 618 tons, Dee 1 Jan 19 A. B. Lowhber.¢ April 1 May 19 The NEW YORK, At Oe 7 508 tons Dee 19 eb 7 B. Cropper.¢ April 19 jane 7 ‘The CAMBRIDGE, Bett tT tons, Jan 1 feb «617 ‘W.C Barstow. May 1 June 19 ‘The COLUMBUS, sept 19 Nov '9 700 tons, Jan 1s Mar s Peiniesallaeashaebate thaidon stellen wld Wobien tok is ity, an a will be observed as speneeslnt te ee tr pemeas ectwerd iy use Apel ot Ome Handred Dollars, for which ample stores. of every description ratte tenieedl tesserae: ote te Te, RE yy Singh ee fe24 Ih BARING BHOTHERS ECU. Deal. TAPSCOTT’S GENERAL PASSAGE OFFICE, 43 PECK SLIP, NEW YORK. Ya ae es The subscribers beg to eall ithe attention of their and ‘the. pablic yenersity,. to theif saperior ar for bringing out passeuse:* from, and reaniting m pact of England, Leland, Seodacdo: Wales, intne my ket shins, c NEW Eesy ‘WE LIVERPOOL PACKETS,” VIZ.— 8 BC'S, Capt. Coll in apts {NGU: apigin Bursley? 8 st Captain We if Ship ROC} GB Cavtain Palmer, New ship LIVERPOOL, Captnin Eldredge, Sailing twice every month; and NITED LINE,” wertor first class American shipa, sailing every ten days, shi ach month throughout the ity of reby preventing the possi sary detention. firect from London, Bristol and Greencek to New York. “Also fiom_ Liverpool to New Orleans, Mobile, Savan nah, Charleston, Phi . Bostou and Baltimore taro, « porte m Briiah ‘North America, ean at all umes } rms, rsous Wishing. to send for their friends, will not fet! to che advantages to be derived from velecting this, ine in prefer. ence to any other, ey may rest assured that unusnal care will be taken to Passage agreeable, the ships. being Eited"sp with an eye solely tothe com/onof passetta in all chses where the parties seat for decline coming, the money will be refunded without any deduction, os wauel. A free passage from the vanous seaports of Ireland and Scetland, cap, lno be secu s Tl ‘pat kets for whieh the snbseribers are agents. sail ag follows, viz >—'o and from London on the Ist, 10th, and 20:h of each mont>, Toand from Liverpool oa 1 7 ioih, and 25th of each month, New Orleans, Mobile, nab,'ans a, Weekly thr vaghont the season. “4 REMITTANCES. Pemqentn the coer wishing (o send money to their friends by enclosiug Abe onan they, wish owe, with the name and ad- dfeas of the parties to receive it, may tely ona draft for the unoamy being arded per firtt packet, after the receipt oe f, and an acknowledgement for the same returned per mail. i amount bl demand, with- Be ptt sed hr ed of Ireland and branches, Eastern Bi ef Scotland, id their branches, M J B: &Co., feats iene a'Biam’ bak Scr in evi ci f Great Brit I Further pariculers imode koown on application, if by letter, ay voass"W, kJ. T. TAPSCOTT, 43 Peck Blip, N. York. seilles on the rom New York. Marseilles. own, N 1 at KPUON Cas Sylvester, feb I RIE, Di jar 1 SPONT Cart x Mar et ren cone ; Apli. Jun | hoes copperee and copper fastened,and have sreelleut ne for passengers: price Of cabin passage will be $100, exclusive o' wines ““Gocds ssdarewed to BOYD & WINCKEN, the cen wil be 9d free of other «I than these actually paid. WerBelgtc orramage tol * iS |, BROOM & CO., orto ota BOYD & HINCKEN, Agents. SPRING ARRANGEMENT FOR 1848. IT E N. ¥. Britain and irelend by the re- sailing on the lat, 7th, 13th, 19th and ‘of esch month. the old Black Ball line of packets are as follows:— ip ‘ORK, Captain Cropper, *" CAMBRIDGE, Captain Barstow, « CO! BUS, Captain Cole, aes ane VORTH AMERICA, Ca Captain Waite, OXFORD, Captain Rathbone, P The wwercial Live i composed of forty superior. fast iting ships, all comunanted by men of great ‘ss sh pe will alo be despatched from. Li jew Oriewus and Mobile, three times per Savanosh, twie |, to the differ the subscriber, rear 194%, begs to ju the United land, Scotland and Wales, that they eam al dated by tne line of packet ships sailing ax ¢ more facility and quick despaten to ell-known American ships, compris- |, in addition to the ROT be ts, every three or four days ing any detention. Those 1 assured that every thi ill be executed with his asval ’ these arrangements t to comreand preference for tins tine, aud a continur tio, vablic patronage which his been so liberally bestowes for many years past; and in all cases when parties decline coming [plow is refunded, as customary; a ft e can alsy paneng: by See in the different ports in Ireland Spear ve 8 an val my Gey regard to his arrangements * y te hei trieuda residing in any part of the United Kingdom, will pleane notice on the teceist of the amount here, with name an¢ address of the party to recerve it, dete for the amount at, he co 98 ver pound eel will rmarded per ste or by fir A . turned through sve. Poattice "Wor further pai OEDY Letter ost SY He RDMAN, NOUS Jom WROD SONS Gove Biases and Neptune at, Waterice Do fn Reortand-—Setars Darvel Wishes & Co. Glaagom. a lreiand—Dinnis Deloay, sy in, Menare. J nh Londonderry “Mur Ing ho Uretinaregl Lice wil 1 “al ine wil detpatened by his Liverpool ag during the svasony the sending for their friend tected. with his busine prom} Alley & Co, Beliast; ir. Wan, Calta, POR) Gauk Notes wanted ora shore Nah en Patledaisnia ono at ri to asy va Wall st and ie, ay J try for their frien make the secessary arrangementawih the fe them come out in this auperior Line o iverpeo! unctually ou the 7th and {8h of every mon have a first rate class of American trading ships, yy shall be forw: with care and des- pate! Should the parties agreed for uot oome ont, the sioney ill be ato those who paid it here, without any Youae pool Packets, comprise e OXFORD CAMBRIDGE, land, Di Iso TT, GROLE, AMES rx igh wl be, paid om demand at any of the Bi ° : e-pefoel hes, in alba principal towne througout Rng! ro Apply, or address, (if by letter, post paid.) eee See EROTHERS & CO. 35 Fulton street, New York, i N.B—The Ol Line of Livrrpool Packets Liverpool on the (st and {oth of each ees J 19th of each mouth, Parti id country will fiad advantage to select this favonte Line fc nce to anv other. OLD ESTABL! AGE OFFICE, 61 Packets: for their conveyance, in ame ISHED EMIGRANT PAS pool, that just care will be taken 'o have them despatahed without delay in Liverpool,aud will always endeavor to merit » coutinua ice of the public patronage which has been so liberally bestowed for many years 3 aud thove remitting money can have di Yanks and branches throu: iy further particulars, Ri jr i + sons sendiug for their friene, may rely. ont the United Kited OAR ATA Set 0! Packet of 25th Febru. GARRICK, Capuain will positively sail as above, her regalar da Ving agcommodations unequalled for splen comfort, apply on board, at Orlvans wharf, foot of i. K. COLLINS & CO. 56 South a Captain John Collins, of 1106 tons, will succeed he Ter the shine of chis will only be reosi and Hale's News Room. iced a disla Caigh a y rely on the ships of this line sailing Loar rt 526.¢ PASSAGE FROM LIVERPOUL—The ve jperior packet ship, MEMPHIS, Capt Knight, wi I from Liverpool early in March. 1s0us Wishing to send for their friends can have wht out in her or aay of the regular packets by applying or if by letter, post paid, t> JOSEPH McMURRAY, 160 Pine rtreet, comer ut South. P $—Drafts for any amount, branch, or ageuey of beak, un given by epplving es above. able at sight in any bank, fand, Ireland and Begcinnd, WE, —{ Secoud Line )—The . Pell, master, will BOYD & MINCKEN, No. 9 Tontine Building, ‘ACKET FOR MARSEILLES—Fcbraar The ship TRESCOTT, Capt, Lawrene 10 ‘5 BROOM orto BOYD & HINCKEN, Aseria, 9 Toutine Building. DKAFTS ON IRELAND, &e.—The subscribers on demand, without ver. f iretand, the Provin- 5—Messrs. Janes Bult, Son ankers, Landon, the Exchange and Discount their branches th: AND~The PACKET FOR HAVi Ship ST. NICOLAS, sail on the Jat of February. iscoant, or any IN Ute LAND—Thi bish Bal ik Of Ireland, jank of Scotland, the branches inthe priicipal 0. the country wishing to remit money to their i, Ireland, Scotland, or enclosing the amount they wish to remit to the sal with the name and address of the parties to whom it isto be tent. A draft for the amoant will be forwarded the first jacket after the receipt thereof, and acknowledgement of the sain te- we, TAPSCOTT. 41 Peck slip, New York. Ito persons residing in any pa large or land, mv the same manu his predecessor in busi- ness. havy done for the last hirty years, and more; also, to any part of England or Scoiland. : remitted hy Jetter (postpaid) to the subscriber, or Jy deposited witn him, with the name of the person or jand, to whem it is to wn, will be immediately transmitted nd receipe Lo that effect riven or for persons mm lreiand, warded tothe sender. i i t money with or claims on persons in any pert of jected by the subseri- in any partof the United to them accordingh THOR MeBRIOR, REMITTANCES TOK ‘LAND D remitting money toany partof the old obtain rom the subscribers dratts at jo the Royal Bank of Ire'and and o Prescett, Grote, Ames & Co, Bankers, Loudon. which ai free of discoant or any charge whatsoever, im all the prin ingdom. For terms, apply or ROCHE. BROTHERS & CO., ext doer to the Fulton Bank. ‘ax heretofore have a rej ver, for persons residiny Catinda. and will be iv. 2 I, 6? Codarec. LAND, IRELAND 3.—Persons proceed by letter, host aid, to P. $.—The subscribers evasion of first class Ameri pool, during the eomisy year 1813. above For passage, ay; iy as BHITISH AND NOK MEMICAN KOLAL MAT STeAM SHIPS, Of 1200.tons 440 hot Under contract with the Lords of essrla sre sceompanied. Dy pplied with Frances? Pac ats. ed to $120. No Be: ured antil paid fer. INDEN & CO'S, No.3 Wall. STATEN ISLAND FERRY. Foot of Whitehall street . the steamer STATE ‘AND. "NEW YORK. 9AM. ae REGULAR OPPOSITION TO CATS KILL, and intermediate landit bares Regular days from ys ys and Ratardays.— rhs 25 centa—BStpper he new and fut steamer leave Robinson st. pier ‘are to or from Catskill iye'apeve named, there will een Catskill and New York ( wand passage at reduced prices. D LIN EW Vout to ‘On and after Tuesday, ‘will rana line of stages from 7 i] a eo hy al icati places) for freigh at BY o'ele 4 Seamap of Rewery apd, Broome v7. Wednesday. end, Saturday oe ea Ling of rages will continue to rm Plane every day at 8 o’clo rd ‘AM DEWOREST, Chester and chroggh W York at 2 o’elock, 1° NEW LINE LIVERPOOL PACKETS.—Pack- well known, fast 1 ymmenced her regular tri ‘Thes commedations ot this ship tor cabin, second cabin and re passengers,canpot be surpassed, having all the improve- of the pew modelled « bee om E 1 to sont ing Slip, oF to 85 ww ey &t. Persous desirous of wh Bitn cone South at. cor. South tt. Persous esiryus of sending for their friends i try, can have them breoght oat om favoral aoove favorite ship, which leaves Lit her regular day, and tl Dy aman payable on deund, without Tivcount, ia all the principal towns of Greet Britain ‘and Ire Hottinguer will sveceed ail ow the 16ch Mareh, her reaular day. 20, ladia Rubber Hose Pipe, le for the Croton water. best for the. pape of irrigation, the Roehester, and a UM HOSE PIPE— Fosse PREM! rs and perfeetly tisht, saitabl wate! ay thing of the kind yet iutroduced. Ix’ is quite clean “ithe preference of vshments and others singe the incr Rubber by the ad of rower nner defying all comnerron ard ngth o- calibre, With et prpes aad ¢ Oures ablishment Piumoers and the trade are . Warehouse of the Roxbary india HORACE H. D. Brecessoy to How! ‘Trial of Commander MeKenste. Szconp Day, Tuurspar, Fes 2. All the members having arrived, the Court Mar- tial appointed to try Captain McKenzie was formally organized this morning at 11 o’clock. Very few civilians were present. The precept authorising the organization of the Court was read by the Judge Advecate. It was addressed to Captain John Dowaes, appointing him President of the Court, and directing him to try Alexander Slidell McKenzie and such other indivi- duals as may be legally brought before the Court. The Jupae Apvocare then asked Commander McKenzie if he was ready for trial, and it he had any objections to any of the members of the Court. Capt. McKenztx replied that he was ready, and that he had no objections against any of the mem- bers. The members of the Court were then sworn by the Judge Advocate, and the latter by the Presi- dent, according to the usual form. The charges were then read by the Judge Advo- cate. They are as follows:— CHARGE I. Mvuaper on Boarp a Unitkp Srates Vessx. on THE Specification lst. In thes thay ti ication Ist. In this, that the said Commander Al- exander Slidell McKenzie, of the Navy, commanding the U.S. brig Somers, being on the high seas, to wit, In 17 deg. 84 min. 28 sec. north latitude and 67 deg. 57 min. 45 sec. west longitude from Greenwich, or thereabouts, on the Ist day of December, A. D. 1842, did then and there, without form of law, wil'ully, deliberately and with ma- lice Sorethoo ht, hang and cause to be hanged by the neck at the main yard of the aforesaid brig until he was dead, Philip Spencer, an acting midshipman, then in the service of the United States, thereby violating the 21st ar ticle of the uct of fonetese saith “ An Act for the bet- ‘er government of the Navy of the United States,” ap- proved April 23d, 1800.” t Bon Specific Exactly the same asthe previous one, substi « Samuel Cromwell awaltite Mate,”then ind borne on the mus- id brig for “Philip Spencer, Acting Mid- hipman, then in the service of the United States.” pecitication 3d. The same as the 2d, substituting “ Eli- sha Small, seamen,” for Samuel Cromwell, boatswain’s mate,” CHARGE II. OrrRession, Specification 1st—In this, that the said Commander Alexander Slidell McKenzie, of the Navy, commanding the U. 8. brig Somers, being on the high seas, to wit: in 17 deg. 84min. 23 sec. north lat. and 67 deg. 67'min, 84 weet long. from Greenwich,or thereabouts,on the first day of December, 1842, did then and there, without good and sufficient cause, and, without form of law, oppressively kill, by hanging and causing to be hanged by the neck at the main yard arm of the aforesaid brig, Philip Spencer, an actin midshipman, then in the service of the United States: thereby violating the 8d article of the 1st section ot the article of Congress, entitled “An Act for the bet: ter government of the Navy of the United States,” ap- proved April 23, 1840, Specification 2d.—Same as tne above, with the same al- terations ag in the second specifications ef the first charge. Specification 84. the second, with the same al. teration ar the third specification of the first charge. CHARGE Ill. Inveaar Punisument. Specification 1st.—In this that the said CommanderAlex: ander Slidell McKenzie, commanding the U. 8. brig Somers, being on the high seas, to wit: in 17 deg. 34 min. 93 sec: north Jat. and 67 deg. 67 min. 45 sec. west lon. from Greenwich, or thereabouts, on the ist day of December, A. D., 1942, did then and thero exceed the limitsof his au- thority, and violate the 30th Article ef the Act of Con. ress, entitled “An actfor the better government of the Navy of the United States,” approved April 23, 1900, by hanging snd causing to be hanged. by the neck, to the main yard arm oi the said brig until he was dead, Philip Spencer, an acting Midshipman then in the service of the United States. Specifications 9d and 8d.—Same as above with the alte- rations as in the second and third specitications of the first charge. CHARGE lv. Conpuct unagcomina an Orricen. Specification—In this, that the said Commander Alex- ander Slidell McKenzie, commanding the U.S. brig Se- mers, whilst in lot. 17 deg. 84 mi, 28 sec. north, and lon. 87 \leg.57 min. 45 sec west {rom Greenwich, or therea bouts, did, contrary ira oa ager 0! Article 32d oi the Act of Congress entitled “An act tor the better govern- ment of the Navy of the United States,” approved April 23, 1800, on the 1st of December, 1842, behave in an unofticer like and unfeeling manner, by addressing taunting and wn- officerlike language to Philip,Spencer, an acting Midsbip- man on board said brig in the service of the United States, the said Spencer then and t! cre expecting the immediate execution of death upon him by the orders of said Com- mander McKenzie. CHARGE V Cavenry anp Orraxssion. Specification.—In this, that the said Commander Alex- ander McKenzie, of the y, commanding the U. 5. brig cruize, to wit, between the 80th day of September, 1542, and the 25th day of December, of said year, did oppress and cruelly use and maltreat the crew of the sud brig, and inflict upen them cruel and aunecessary punishment, in violation of the 34 article of the Ist section of the Act of Congress, entitled “ An Act for the better government of the Navy of the United States.” Approved April 13, 1900. (Signed) A. P. UPSHUR, ‘ Secretary of the Navy. Navy Department, Jan. 23, 1543. ter roll of Indmit that Acting Midshipman Philip Spencer, Boat- swain’s Mate Samuel Cromwell, and Seaman Elisha Small were put to death by my order, as Commander of the United States brig Somers, at the time ana place men. tioned in the charges ; but as ‘under existing circumstan- cos, this act was demanded by duty and justified by neces- sity, I plead Not Gnilty, to all the charges. - SLIDELL McKENZIE, Commander U. 8.'N. Commander McKenzte then pleaded not guilty, and asked permission to have the assistance of John Duer and Geo. Griffin, Esqs., as counsel. This request was granted. The Jones Apvocare then stated, that in relation to charge fourth, “‘ conduct unbecoming an officer,” he should prepare a paper which he would probably submit to the court to-morrow, showing the reason why he would not offer any evidence respecting it until he should get the vpinion of the Attorney Ge- neral. The Junge Apvocate next fread a paper, in which he expreesed his opinion respecting his posi- tion. He did not regai imself as occupying the position of a public proseentor before a civil tribunal. Presipent—What is your object? Your duties are clearly defined by law. Jupaz Apvocate—It Commodore Downes will hear the paper read,he will perceive that very object isto avoid objections which have frequently been urged. Mr. Norris then went on as follows:— The Juvar Apvoeare, before the examination of testi- mony begins, desiresto state to the Court, that he does not regard himself as occupying the position of a pr cuting law officer in the civil tribunals. His cory heves akin to that which was devolved on the English Judges at that time when traversers were put on trial without the privilege of counsel. A prosecuting officer in the American Court, where the benefit of assistance is always allowed the defendant, usually contents himself with presenting a prima facie case, and if compelled to resort to witnesses believed to havea favorable feeling to- ward the defendant, studiously uses no more than is abso- lutely indispensible; because otherwise he would be pre- vented from sifting their pro by cross-examination, or attacking it by of positive impeachment of charac: ter, should they be itness contrary to that he believes the truth, the principle being that no one shalj thus dis- credit his own witness. But Imust not be made totake a position at all disabling me from extracting the truth of the Fransection. 1 could by « high witness prove the hanging ef Midshipman Spencer, seamen Cromwell and ‘Small by theorder of Commander McKenzie, and close the case ; the rule of law being, that after the death is shown to haveoccurred, actually or constructively by the defend. ant, it is presumed to be made, and it is his duty to prove a minor degree of crmbialig or his entire justification or excusabil A in effecting it. This will be the general course in civil jadicatures, in order to retain the rights of cros#.examination and impeachment. The duty of a Judge Advocate is,'as I tated, supposed to be that of the English Judge ino ithout the privilege of counsel, but the Judge's rights were, to any question that would be legal from either site. I shall not expect, there- fore, to be restricted by the technical rules in these par- ticulars, and be treated and restrained as an ordinary pro- secutor. I wish to elicit the whole truth, whether favora. ble or adverse to the defendant, and if I do not extract what legally ought toserve him equally with his own counsel, it will be only from inferior capacity, knowledge, and that sagacity which a partisan feeling does only give. But [ must be ti in advance by the defendant and his counsel of their intended course. ‘ Do they design not to contract my privilege toask any questions that would be legal from either side, or is it meant after the confu- sion of slovenly practice before Courts Martial, to insist upon my duty as the English Judge, for the benefit of the defendant? but, as the American. utor, for the disadvantage of the government. therefore, most respectfully desire of the defendant and his counsel, to signi'y what position they would require the Judge Ad- vocate to ocoupy. If Tam ‘not to have, without excep- tion, the liberty of an examination in the nature of judgm of trut! , let the defendant say 80, and I shall c cause wicer the manner of a jaw officer in ord before a civil tribunal. I shall call only t who wilimakethe case against the defendant. This ia thought by the government to bea case of great impor tance, and it is not unlikely that an associate of masterly ability, and whose capacity has been ennobled by age to command the respect of the whole country, may be sent now af a ecoadjutor. In consultation thereof of public opinion, Ishall not proceed in the trial till! am advised whether such the designot the government A delay very desirable and expedient under he court, as I per- ceive an important point at the outset of this cause, I have not had an opportunity, from the recency of my appoint- ment, and the difficulty of commanding the use of ks = away from ones ewn office, of thoroughly examin- ing. Mr. Duxr said that he quite agreed with the Judge Advocate that his duties were of a judicial character, and that he did not stand in the ¢l ter of a public prosecutor. Of course he was not to be confined by any technical rules in the exa- mination of witnesses. The Jup@g Apvocare then remarked, that as he had foreseen a point which would in the outset of the case excite some discussion, and which he had not had sufficient time and facilities of access to books to examine, and that asthe government re- garded the present a very importent case,and would probably associate with him a law officer of great experience and distinguished character, he would not go on this day, but defer all further procedure until to-morrew. By that time he would have heard from the Department,and would be fully pre- ared. P The Court wasthen ordered to be cleared for pri- yate deliberation. After three quarters of on hour had elapsed, the Court was re-opened. 2 The Juno Apvocate then read the official letter trom the Navy Department, appointing him Judge Advocate. ‘The Court then adjourned till to-morrow, at 10 o'clock, A. M. Albany. [Correspondence of the Herald.) Axsany, Feb. 1, 1843. Retrenchment—High Accusations against the|Gover- nor—State Printing Excitement—Quarrel between the Hunkers and Subterraneans—A ppointments, ec. &c. My Dear Sir:— Legislation begins now to assume a business-like appearance. The days of retrenchment and econo- my appear, at last, to be approaching in earnest The Hon. Mr. Ely, of the Senate, chairman of the committee upon that all-engrossing subject, has re- ported bills in that body, reducing the salaries of the principal officers of Government from ten to fifteen per cent. When Flagg seated himself in the Comp- troller’s chair last winter, he cut down everything under his contro!—his own clerks, and also every manon the canals, about twenty per cent. Even the clerks in the Bank Department were visited with his economical displeasure, to the tune of two hundred and fifty dollars. And now, Mr Ely, in his bill, reaches the high officers, who thought the embarrassment of the State demanded retrenchment only among the deputies and subordinate officers. __ The Hon. Mr. Dickinson,of the Senate, is engaged in bringing charges against the public transactions of Gov. Bouck, when canal commissioner... The Senator,alleges that he (Col. B.) has squandered hundreds ot thousands of dollars in fetting contracts for excavations, locks, &c., on the enlargement of the Erie Canal. This assertion, the honorable Senator pledges himself to arora if the Senate will allow him to send for persons and pers. Senator Dickinson is undoubtedly an honorable man, and will endeavor to Ritotan tiate his assertion. But it is somewhat remarkable that this serious charge should be made at this late day’? Cel. B has been out of office four or five ears, and during that time been twice a candidate for the highest office in the gift of the people of this State. Would it not have been noticed, nay more, would it not have been justifiable in his political op- penents, to have laid these facts before the people during the canvass? We all know that candidates for office have their characters, both public and pri- vate, searchingly scanned during a political contest, especially where it rages with the ferocity of New York polities. (am inclined to the opinion that if Col. Bouck have practiced the partiality now alleged against him, the vigilant eye of Thurlow Weed would have discovered it, long ere this. The great excitement that existed here a week ago, in relation to the State Printer, has nearly sub- sided Croswell and VanDyck have made an amica- ble dissolution, Van taking two thousand dolla! cash. This is considered by those who appear miliar with the circumstances, as being a good bi gain, for it is rumored that he never paid a dollar in the concern, but drew out five hundred a year. , After my return from Saratoga yesterday, I was informed that anactual declaration of war had taken place between the old Hunkers (Crosswell & Co.), and the young democracy (John Van Buren & Vo.), and that an Inshman had been imported from some of the western countier to draw the weapons in sup- port of the ultra section. You may expect some ep during this engagement—all growing out of the wonderful difficulty in distributing the spoils. To-morrow we expect many of the New York ap- pointments will be disposed of. Of this] am hearti- 4 thankful; for it will relieve my own mind from the Aicst anxiety which I have felt for three or four weeks in relation (o my own application, as well as relieve my pockets from the heavy expenses of re- maining at Landon’s. Although several appoint- ments will be confirmed to-morrow, yet I do not be- lieve that any individual 1s at this moment aware of hisfate. The Governor possesses the most singular faculty lc 4 applicants for office, that ever was known. They are all treated with the greatest politeness, but not a word of committalism ever passes his lips. i An exciting debate has just sprung up in theHouse, Mr. W. fall laid on the table, yesterday, a joint re- solution directing the Attorney General to institute and conduct in the name and on the complaint ot any citizen agrieved by the Virginia inspection laws, one or more suits, to test the constitutionality of those laws. Governor Bouck has advised the cae af New, reek, to Sales “back track” in uk lation to tryin; jury, runaway negroes who Re nat aughtsn thie Sate, thereby repealin; te law, which was 'y the igs to grati ie abolitionists. Mies toda » cat the most rabid abolition nature—so and bitter against the south, that it would be well for the oppo- site party to circulate it throughout the whole south- erm copay in order to let the people there know what Mr. lay’s friends in New York are doing to- wardsfcontributing to his defeat in 1844. The question, what is to be done with the Erie Railraid,is undoubtedly the greatest business ot the session. There are hardly two men who harmonise upon the subject. Some are importuning the mem- bers to assume the entire control of it and make it a State work—others are in favor of re-erganising its directorship, take the State in as a three million partner, and then issue stock to make up all the defi- ciency neceesary to completion. Another sug- gestion has been made, and that is, for the State to make a donation of the three millions loaned to the company, and have nothing more to do with the rotten concern. Tam not sure but this would be the most judicious course to pursue. It is such a magnificent folly—such a ens humbug—that the tax payers of the whole State ought to pay the Legislature to get rid of it as soon as pcasible. Yours, &c. Jox Surrx. Albany. (Correspondence of the Herald.) Axsany, Wednesday, Feb. 1, 1843. The Weather and the River—Abolitionieom—State Printing —Office Seekers and Religion, We had a rain storm yesterday, which complete- ly swept away all the last fall of snow. The navi- gation isagain uninterrupted. To-day the weather isatill mild, with rain and snow. The legislature are still occupied in interminable discussions on that never failing topic, the Govern- nor’s message; and the worst of it is, there still re mains a dozen or more speeches on the subject yet to be made. The Senate have not yet got through with Mr. Dickinsen’s charges of fraud and corrup- tion against Wm. C. Bouck, while Canal Commis- sioner. He is of opinion that a man cannot pa 100 a rod for stone wall, without committing a frau Mr. D. pushes this enquiry with a pertinacity wor- thy of a better cause. In the House, yesterday, Mr. illlis Hall made a very able and eloquent speech on his resolution directing the Attorney General of the State to commence suits,in order to test the con- eétutionality of the Virginia inspection law. Mr. Hall has pie improved vastly since he wasa member of the House before, and his speech was listened to with marked attention. Mr. Hathaway, of Chemung, intimated hia intention to reply at an og" day. i The Atlas, which is now under the editorial charge of H. O’Reilley, still continues its attacks on the new State Printer. Mr. Croswell has not as yet re- cae either to the Atlas, or to the statement of Mr. ‘an Dyck, but itis understood that he will do so in aday or so, The partnership in the Argus has been dissolved, and it is now tader the jomt control of Messrs. Edwin and Sherman Crosweil. A number of the office seckershave left us, and the animals are not so numoruus ae they have been. Tt is found to be rather expensive living in Albany, and a great many of these gentry, like the fox an the grapes, have come to the conclusion that the ‘game isnot worth the candle.” No New York appointments have been Promulgated, and the would-be office holders from that city ite ferocious. They have been kept from their p vas of the spoils so long, that they have grown per- fectly ravenous. Among the prominent new comers, igour old friend, Major Joe Hopkins of the Pewter Mug. What he’s alter, has not leaked out. To aid his friends, is the ostensible object. Mr. James Carey, comes backed with a host of testimonials from New York, for the office of Flour Inspector. Don’t he wish he may get it? Tt is thought, that the Legislature will adjourn on the fourth of March. They can do this easily enough if they choose, without the slightest detri- iment to the publie interests. But there must be tewer epeeches for Buncoinbe. sie The religious excitement still wages with in- creasing interseness. In every church almost, ae: tracted meetings are being held, Verily, the Mil lennium approaches. ‘Smon. a Peter Relorsen & Co, Su— Although much has come to light through your valuable miscellany, in regard to this notorious iadi- vidual, not a tithe of his attempts on respec parties are known to the public generally—for people are more or leas averse to finding their names asso- ciated with such a character in the columns of a daily journal. 4 Peter’s a clever fellow—a good looking one too, as your admirable lithograph delineates. (n yeur second series, you might give him the advantage of the chapeau dé bras, small sword and tri-colored cockade, when enacting the part of attaché to his Royal Highness, the Prince de Joinville. : eter ’s paling Fae lies in the commercial routine, as there are very many who must recollect him, when established in sundry offices round about the Exchange—in all the plenitude of business and bus- ue, clearing out (and I presume literally so) a vessel for the West Indies. “ Peter Reiersen & Co. request Messrs. Hol to in- form them their lowest price jor 500 boxes of soap, suita- ble for the Cuba market, on time, and if their terms suit, references will be given.” ‘ ym id business prospeet, soon brings Messrs. Holgates, hat in hand, to wait upon Messrs. Peter Reiersen & Co. Out of the many, some few victims were drawn into the snare. The captain who sailed in their employ, was a geod looking, honest kind of a sort of an eastern chap, and talked weil about the prices of coffee, beeswax, cocoa and raw hides. But all thiewas no doubt done Jegally—one of the company, it ie said, was man ski d in law—his advise was always taken in intricate transactions— there is no robbery, you are legally swindled—it is nothing more than a ** commercial responsibility”— the parties become unfortunate—the excellent bank- rupt law gives the finishing stroke—you lose your money lawfully, and ought to be eatisfied—you gain ‘xperience, if nothing else. va : Jos Sut & Co. More Dry Decks and Dry Facts, First—The friends of the Sectional Dock say that the Secretary of the Navy is in favor of having such a dock built for Government. opinion, is important, we quote as follows—“Conscious of my inability to decide the question, I have selected the most eminent talent in a and eg on to name the Committee, who, after examination, reported Jn [avo of ethene Balance Dock, and against the clional. x *Second—Tbey say Foster Rhodes, Eeq. is a Na- val Architect, and his certificate is decisive, and the Devil on two Sticks publishes a letter of Mr. Rhodes; but since that letter was written, Mr. Rhodes hag recanted, and says ‘‘The Balance Dock isthe one on which a veseel can be rebuilt. Ican construct on the Balance Dock, and do away with the prejudices of its opponents. J have never de- cided against the Balance Dock.” This is an im- portant fact. Samuel Humphrey, Esq, successor of Heaty Eckford, is the chief Naval Architect, but Mr. Gi bert’s opponents say, ‘He is aloof from all practical connection with the improvements of the age.” Taird—They say the Sectional Dock, feet long, 140 broad, and 15 deep, would be but 900 tons short of 5200 tons "1 Gilbert’s Dock does not require 15 feet of depth; eight feet is sufficient. ‘ Fourth—They claim that ship owners and ship- wrights are authority, and that they are in favor of 4 Sectional Dock, Se Now the fact is that most of the same ship- owners and shipwrigkts, whom they claimas in fa- vor of the Sectional Docks, and others to a greater number, have sigued and petitioned tor Gilbert’s Ba- lance Dock, and their signatures were obtained sub- sequently. ‘The Case of Parks. ‘To tTH« Eviror or tHe Heratp— Sim :—I have taken the “Herald” through “good re- port and evil report,” ever since the second number of its existence in this city, and occasionally have contributed articles to its columns, and [ have usually regarded it as peculiarly the vehicle of accurate iniormation of matters and things in geveral; but in the case of Parks, alluded to this morning, your informant has certainly discovered i ‘The Police egistrates had full: ined into th The Police mi exami e par- ticulars of thetwo charges brought egeinse Parke, and de- cided upon holding him to bail in the sum of $600 in each case, for want of which he wes committed. All that their Honors Tallmadge or Lynch had to do with the case, was to perform the mere ministerial act of taking bail for the amount already decided to be proper by the Poliee magistrate, and for refusing to do which, when satisfactory hail was offered, they would have been liable to an action for false imprisonment et the suit of All the discretion they could possibly exercise in the case was to decide, not whether the case was r to be bail- ed at or not, for that had been 6! ided in the affirmative by a competent judicial officer, to wit, the com- mitting magistrate; but merely to decide whether the par- ties ‘were proper bail. Those gentlemen justified heir affidavits are wu record, and if false, they ai le to a prosecution for perjury; but they now pan me to reiterate that they are here upon the spot, ‘and that they are able and willing to abide by the respon- sibility they have undertaken; and they further fos will be prompt in noticing any libel ed against them, in reference to the have thought to adopt. {pen einer othe aor named apr ‘eden "ahowe alto, totally out of place, and perfectly inapplicable, forthe efloct of a habeas corpus would have been to enquire into the whole merits of the case, a proceeding wholly supe- tory, because it had been already enquired into, and adjudicated upon, and the giving bail was merely carry- ing out that adjudication. ith reference to Mrs. Case, the svme remark: apply precisely, though with more force, for it happens that she is not the real Simon Pure at all, but a worthy and respect- abla widow lady of fifty years of age; who, if 1am eorrect- ly informed, was never within the wallsofa prison before in her life ; but unfortunately happens to bear the same name with another person, whose reputation is somewhat notorious. g The insertion of the above explanation will much oblige yourold subsbriber. THE LAWYER ALLUDED TO. Horers.—The recuscitation of the City Hotel in New York, by its again reposing in the arms of Meesers. Jennings & Willard, has led to a discussion in the new: rs of the day, as to the merits of the other hotels in your great ci F The Courier and Enquirer, with its accustomed fairness in noticing the City Hotel, referred to many of your prominent and well managed hotels, but said not a word the well kept, and justly celebrated hotel of the Messrs, Howards. writer of this ie not inte- rested a farthing in the success of any hotel in New York, but he deems ita duty, which he owesto the travelling public to say, that althor the Courier and Enquirer, may not rank Howard’s Hotel among the first in your city, one of their customers, who visits the house as olten ag once a month during the year, knows it to be equal, if not superior to any other hotel in New York, or in the Union. The Messrs. Howards are always attentive to their guests, and all under them know what to do, and howto doit, Ifa young man gives them a call, John pot whois known as far as the house is known, will devote his time to him, and use every endeavor to make his stay agreeable. John is one of the boys. At Howard’s, you will find al two copies of your sprightly Herald on file, whieh is more by two than yeu can find in some of the hotels, which are cracked up by the Courter and Enquirer. Mux Street. Bosron, January 27th. Ctreult Court, Before Judge Kent. or & Christopher v8 Bond & Mow —The +4 we Teaught res verdict in favor of the de- nd, and further find a verdict against in favor tif; against ;Moss inthe action of trover in $777 97. SULLIVAN, 4 J. "WBa'wili close the debate on Capital Friday ev mele. ‘The seri , tne apeakere wil fime themeel to the area it expe of the debate on this res |) firet argument, and the HUGH MAXWELL, Prey W. B. Weawoop, Secretary - ¢ Boath‘st.