The New York Herald Newspaper, February 10, 1843, Page 2

NEW YORK HERALD. New York, Friday, February 10, 1843. Relations between England and th, States—More Trouble Brewing, We learn from several respectable quarters, by the recent arrivals trem England, that great efforts are making among the holders of U. S. State stocks in London, to procure some active interference en the part of their own government in reference to these debis. The project isto get the Bnitish government to open 4 negociation for the assumption or liquidation of these debts by the U.S. general government— and if the latter refuses to interfere, then the former is to call upon the separate States as independen- cies to pay up, or take the consequences. We should not be surprised if something of this kind were contemplated by the holders of our State stocks in England. There is precedent for it, we believe, in the history of England in relation to Spa- nish and other foreign loans. But we do not believe that the time is yet come to assume a hostile atti- tude on that point. Jt is more probable that the English bond holders will first attempt by money and influence to operate on the elections inthis country. If the political party that gives any indication of being favorable to the assumption of these debts by the general government, goes into a contest, the English stockjobbers and bond holders will endeavor, by every means in their power, to assist them with money, goods, chattels and every kind ef influence to carry the elections. Rich men,holding $100,000,000 by these stocks,could afford easily $10,000,000 or $20,000,000 to influence the elections in this country on such a question— and we do not suppose that any troublesome princi- ple of morality would deter them from trying it. But should this fail, then we may expect trouble with England, not only on this question, but also on the Oregon and other matters. All is not smooth inwardly that smiles outwardly. ed Tue Marts ann Expresses.—No mail came in from Boston yesterday, in consequence of the Nor- wich Railroad being blocked up with snow. That railroad runs through the most “snowy” part of the United States. We are not without papers, however, from Boston, for Haraden & Co. arrived early in the afternoon by the way of New Haven, and gave us intelligence from the former place to Wednesday merning inclusive. And we must here state for the benefit of the post office department, that Mon- day’s mail from that city did not reach here till yes- terday noon. With these irregularities in the mails and regularities in the private expresses, would it not be utter folly in Congress to pass a law to kil the latter? We suppose, however, that Uncle Sam begins to fee] ashamed of the snail like pace of his mails, and finds that he must either}whip up his own horses, or drive ali other nags off the road. Packet Sutp Montezuma.—After many delays occasioned by the late severe snew storm, it was decided that the famous Montezuma should be launched on Thursday afternoon at four o'clock. Accordingly quite a large concourse of people as- sembied yesterday afternoon in Webb & Allen’s shipyard, to see her take a dip into the East River, which had been iced pretty much as Handy Andy iced champagne. She is a magnificent ship of more than a thousand tons burthen, and is an henor to New York. She takes the place of the North America in the old line of Liverpool packets, and will sail hence on the 19th proximo. We think she willmake quick trips. Who is to command her? Increass or Lireratore.—Part IIL of the re-is- sue of Ure’s Dictionary of arts, manufactures and mines is just out. Itis for sale at the Herald Lite- rary Dépot. No merchant, mechanic, indeed no li- brary should be without a copy of this most valua” ble work. Also just published the Book of the Navy and No. 2 of Cooley’s American in Egypt. These, too, can be had at this office. Lecrure.—The modern sophists or lecturers are still busy, working hard to out talk Congress. Emerson, on New England—Neal, Stone, Benjamin Greeley & Co. on the rights of women—besides many others, are still filling the city with talk—and making “‘ the night hideous.” A man who raisestwo hills of small potatoes, where only one grew before, is more useful in his day and generation than these eternal talkers. We would put all these modern sophists into petticoats, and set them a sewing. Fasutonasce Movements.—Two splendid Bach- elors’ Balls are projected by the élite, to be given on Tuesday next, the 14th—one at Niblo’s Saloon—the other at Tammany Hall. A full account of the pre- parations hereafter. Lost Yxsrerpay.—A person lost yesterday, in Broadway, or in an omnibus, somewhere between Chambers street and Fourth, a bunch of five emal! keys, two of which were brass—all on a ring. A reward will be given to the finder at this office. Do 1r.—We do beg Captain Tyler to appoint James Kelly to something, or we shall certainly faint. Wexcr’s Otymric Cmovs.—The most attractive and orderly place of amusement in the city, is Welch’s Circus at the Park Theatre. Families and parties can here witness the delightful sports of the arena, without offence to the mos: sensitive—the performances are in the highest degree moral, in- structive and amusing, in which every member of the family circle can participate with pleasure and enthusiasm. The new pantomime is triumphantly successful, and will be performed this evening with increased effect. City Intelligence. A Brorcn vpon THe City Goveanment.—Yes- terday and the day previous, two sleigh loads of un- fortunate and distressed poor, who were sent to Blackwell's Island as vagrants, were compelled to wait at the foot of 6lst street, exposed to the severity of the weather, uatil one poor unfortunate nearly expired from cold. It is a disgrace to the city that they nave not long since purchased propeity suffieient at the foot of that street to erect a build- ing to protect those who are to be taken across, and also to prevent the escape of the boatmen who every few days are among the missing. Discwarce or Younc Wanner.—This young man, charged with being concerned in the mutiny on board the United States brig Somers, was brought before Judge Oakley, of the Superior Court, in chambers, yesterday, when the following opinion was given, and the applicant discharged from prison :— “In the matter of the soma of Samuel B. Warner, on habeas corpus for a diseharge of his son Geo. W.Warner, “ tappearing by the return made to the writ of habeas corpus in their behalf, together with the admission of the counsel, that the term of service of said George W. War- ner has expired, and no legal cause being shown for his imprisonment or restraint, by virtue of the authority in me voested, | do hereby discharge suid George W. Wiener from the custody or restraint ues y set forth in said return. which fe ts held, as THOMAS J. ” February 9th, 1843. idee Pouicr.—The attendance of thrives the police offices yesterday were few. A tres prowler who says his name is Wm. Reed, wa ed for breaking open the store of Wm. H. Halsted. 5 Washington street, and stealing 25 sinoked hams. A daring desperate rascal, with his associate 5 entered the hall doer of a dwelling and stole a co. on retreating they were discovered and one held the door on the outside while his companion ran away with the stolen article. The preventive system as introdueed by Justice Masel continues to work well. Frozen to DeaTa.—A man whose name is un- known wastound ina steamboat boiler in a yard in the upper part of the city frozen to death A young man named Daniel Andrews died sud denly on Wednesday evening, at the oyster house of Wm. Smith, corer of Mulberry and Broome streets, He had been complaining for several days past of shortness of breath and died from congestion of the lungs. Mone Coats Fouxp.—A number of over coats supposed to have been stolen from the halls of dwell. ings, &e., are in posseesion of officer Baker of the lower police, who will restore them to the proper owners on application at the oflice and rogues at General Sessions. Before Recorder Tallmadge, Judge Lynch, and Alder. man Croli mes. trict Attorney. es Gordon Bennett.— « , the District Attor- ney and the counsel for defence entered into a somewhat lengthened argument respecting the admissibility of the testimony of Mr. Dey’s creditors. The Reconpen cave the decision of the Court as fol. lows :—It has been properly remarked, that the party in- dicted for a libel, can offer testimony in of of the truth On the ope! fthe publication. There is such a provision in our Con. ion, and in the opinien of the Court this rule is appli- cable, not only to direct aud positive charges which are libellous, but also to cases where the charge arises by imputation, or is fairly deducible from the language, however cautiously guarded. Many cases may occur in which a mere interrogatory may convey a charge as Strengly, and may be equally destructive of character, as adirectimputation. Ifsuch a Charge be made inthe al- Jeged libel, or is deducible trom the language employed in it, the Constitutional provision is applicable, and the testi- mony clearly admissible. Inthe present publication, Mr. Dey’s case is represented as rem: ble and singular on account of the vast number of debts incurred,und the great number of distinct classes of individuals enumerated in the schedule. 1 find but one expression which would imply a want o! integrity or honesty and that is when it is said"'the case of Mr. Dey will be found to be one of great richness in morals.” The expression here used may imply a want of integrity on the part of Mr. Dey. But the very next sentence would seem to neutralize that meaning, for it is added, “‘no blame is attributable to Mr. Dey, as he seems to have been bowed down for years under that system of domestic economy, 'fkc- Dey is, thea, rather represented as a visionary and syeculative man, who had contracted an unusuel number of small debts with many persons in the community. The object, then, in the view of the Court, of this poblication, was rather to hold him up to ridicule than tocharge him with fraud. ‘The defendant, therefore, is prohibited from offering evidence of fraud when no fraud is charged to have been committed. In addition to which I would remark, that the admission of the District Attorney would seem to conform to this opinion. The Dis- trict Attorney doesnot mean to charge that Mr. Bennett meant te impute fraud to Mr. Dey in incurring debt and in his proceedings in the court of bankruptcy—that he has merely been held up to public ridicule, exclu ly the idea to rebut which the testimony is offer Mr. Jonpan.—We beg leave, your Honor, to this opinion of the Court, M wt then requested the District Attorney to meniion the authority on which he meant to rely in sub- mitting the case to the Jury. This request was immediately responded to by the Dis- trict Attorney. Mr. Moraii. then commenced the summing up on the partof the.defence. He contended in a very able manner that the publication in question was fully sustained by the schedules of Mr. Dey—documents which were public property, and which it was perfeatly proper in Mr. Ben- nett to lay before the Jworld Mr. M. commented with great effect on the schedule itself, and showed that any ridigule which had been excited belonged only to that document—that it wa: Dey himwell who had exhi- bited his past career in a ridiculous aspect tothe public ae. Mr. M. quoted from Ri 625, and showed con- clusively that there was not a partiele ‘of evidence that Mr. Bennett was actuated by malicious motives, Mr. Morrill concluded by a very eloqnent defence of the free- dom of the press, and the propriet and salutary tendency of the publication charged as libellous. We regret that our limits prevent us from giving mere than this meagre outline of this able speech. Mr. Jonpan then addressed the jiry—t cenfess, gentle- men of the Jury, said he, that I scarcely can excuse my. self for detaining you fora moment upon a subject that has, by the ruling of the Court in regardto the evidence, heen so circumscribed, and all the legal points of which have already been so fully discussed and developed, and, as presume, understood by the Jury. if it were a case embracing a great amount of testimony, of complicated facts sworn to by witnesses which needed array, and which from the great length of the trial, might have es- caped your memory, and go required to be recalled to your reeollection, it would be a very different matter — But you perceive by the ruling oftheCourt that there Yery little evidence except what consists in these papers. The papers are before you in evidence, and it will be your right to take them into the jury-box during your delibera- tions. Now it cannot be expected that in this state of things there can be much said to enlighten or instruct the Jury upon the case. TI presume that you are now as much in possession ofthe law and the facta in the case, as you will be when the counsel, as well for the defence as the prosecution, shall have been adduced, and the charge of the Court delivered. Every thing has been thoroughiy discussed already, and any thing 1 offer must be even now in your possession. But as it seems to be the disposition of the District Attorney to sum up this case on the part of the people, and I presume not from the simple influence of the duty of discharging his office ; for I am sure thet’ could not have com- piled him to take up this prosecution—but there is an individual who sits behind him, and comes into Court to prosecute this indictment with what spirit and intent Lam willing to let you judge—whether with an intent simply to vindicate the laws from the invasion of the defendant in his newspaper remarks, or whether in a spirit of vengeance, and a desire to put his hand, a heavy anderushng hand, the hand of the law. wielded hy the District Attorney on the defendant in this case, 1 leave you tojudge. 1 am aware that there are a class of indivi- inalsin this community who think thet James Gordon Bennett ought to be punished on every occasion. There are men of high strung morality and piety, of extraordi- uary purity and virtue, like Anthony Dey, the prosecutor in this case, that think James Gordon Bennett cannot be punished amiss, and that if he were indicted for a burgia- ry he ought to be punished for a libel, if there was nothing else against him. In their opinion, no matter with what crime he is charged he ought to be punished for the good of his soul hereafter! (laughter). Now J} have to assure you that my client has no more taste for ‘being punished, or held up at the bar of justice to have his merits or his faults over- led, than any one of you. I know Mr. Bennett perso- ly. I was taught to believe, as 1 suppose Mr. Dey was aught to believe, that Mr. Bennett was 2 perfect savage. 1 expected to meet a tiger. Thad no idea that a man who was so much spoken against could be human. But I found him a retiring, medest, sensible, gentlemanly man. He hos edited a paper, to be sure, and you know its character as well as Ido. There have been many things published im thet paper which I do not approve, which | have no doubt Mr. Bennett, on mature reflection, would now wish omitted. Many things have appeared in it formerly which woald not, I am confident, now receiye admission into itscolumns. But, gentlemen, with that you have no- thing todo. Ail wet ave now to do is, to try James Gor- don Bennett for this alleged libel against Anthony Dey. You are not to turn censors of the public press in general. You are not to point out by your verdict that a man who edits a newspa- per must pursue just such a particular course, and no other, on pain of being indicted, dragged before the ju- dicial tribunals ot his country, andthere punished for transgressing the prescribed limits. It would be an out- rage on common sense, on all law, on descency,on your feelings and integrity, if the District Attorney, or any one else, should have the hardihood to call on youto convict this defendant for any oftence except that charged in this indictment. Let me now call your attention for a short time to the indictment before you. Mr. Bennett is accus- ed here of publishing s certain article in his paper which is set forth in the indictment, and purports tobe in the first place an account of Mr. Dey’s application for the beneht of the bankrupt law ; and Mr. Bennett gives an aecount of the schedules of that gentleman's debta and assets. Now, I am not going to wade through these se- venty-six pages of foolscap. I am not going to call your i ularly or minutely to the scheduleof Mr. Dey, aor the report of it as published by Mr. Bennett. 1 only challenge you, if you have any doubt of the accura- cy of the report, to compare it with the document itself, as taken from the files of the District Court. There is not the slightest cae gor gerbling,no distortion of facts, no suppression of important truth. Mr. Bennett un dertakes to give a list of the classes of creditors of Mr. He does not name every creditor, but he list of the ‘classes and masses” of them, auppose there is nothing libellous in his using tac word “ masses,” which chimes very prettily with “cl ” s with the “administrators,” and “ butchers” and and he goes on with the enumeration of the various Classeso{ individuals to whom Mr. Dey got in- debted. Now, take up the schedules, and you find that all this is true toa syllable. There is not a single person nor amed in the publication which is not to be found in Well, then, Mr. Bennett goes on to de- sets” of Mr. Dey, and his description you trictly faithful. There were “ psalm- bibles” and “ pews,” rtaining to Mr. Dey’s religious character, And then there were “gold mines” and * poudrette” and“ Land Company’s stock” and “flax dressing machines,” and I know not what—ut a wonderful variety and admixture of property. And it turns out that Mr. Bennett in reality gives Mr. Dey more credit for property than he deserves; for whilst it appears that all his property which wes really worth any thing had been assigned to favorite creditors, Mr. Bennett does not state that, but overlooks it, as one might very readily do in looking over the schedules hastily. Now I ask you, s0 far as all this is concerned, is there any thing wrong? The District Attorney has disavowed the imputation that Mr. Bennett intended to charge Mr. Dey with get- ting into debt fraudulently. Mr. Bennett hee charged no such thing, and the District Attorney is precluded from Pressing any such charge. Where then is the moral oftence—the legal offence of Mr. Bennett, in publishing this schedule? Mr. Bennett has told the truth—he has “extennated nothing, nor aught set down in malice.” Are not the records of our courts public proverty? Are they not open to the public? Is not every editor at liberty to publish copies of them, provided they are correct, and not garbled or distorted? Now in this of the pro ceedings, I say that this disposes of the whole matter— these are all the facts charged in the indictment, or rather all the facts stated m the publication of Mr. Bennett, for which he stands indicted. He has published alist of his debts and assets, and he has stated these mi of fact, and these are the only statements w! made. Now, let us see whether aman can publish the truth or notin this case. The District Attorney's doctrine ming one—it is the odious doctrine of the Itisa doctrine of thecommon law—a doc., mon law so odious, se stubborn as it was 0 us from the mother country found it necessary to incorpo which completely overthro — tieman has produced here from'the South Caroli- which the broad doctrine is maintain. | libel shall not be given in evidence. What portion of thathe may think proper to read 1 do not know. I tell you, however, that the substance of thet this und this simply, that upon an indict: yy {he truth shall notin any case be given in tT case was decided'in 1811. Whether an: stitutional provision has since that time Dees intro- ed in that State, we neither know nor care. 1 n eli you that no decision of the Court ot Aipealt of will find is books” and Caroline can overt he constitutio Why, gentlemea, the tional Provision le plain ge any thing can be'made. ry citizen may freely speak write aud publish his sentiments on all subjects, being re sponsible for the abuse of that rignt—anu no law shall be aasecl to restrain or abridge the liberty of speech or ot the ess, In all prosecutions and indictments tor libel, the ‘h may be given in evidence to the jury ; and if it ap- rtothe jury thatthe matter charged as libellous is true puvlished with good motivas and for justifiable ends, the party accused rhall 1 acquitted; snd the jary have a right to determine both the Iaw and the facts.” — vish you to understand me on this point perfectly. The D0 Dusteict Auorney admitted, i 1 rightly understand him, von ne editor had a right to publish cond mentaries or arguments u} religion, science, politics, meastires of the Kovernment,f lie officials, and candidates for public office, provided the truth be uni: formly spoken To these tubjects be restrictedthe press. He denied that it had any right to publish anything in re- gard to private individuals, or to invade the sanctity of the domestic circle and private life. In short the District Attorney denies that @ man has a right to publish any- thing about a private man atall. That is what we com: ae ofinthisdoctrine. The District Attorney takes the road question that everything said of a private man ina private situation, is libellous. Now can you find any doc- trine of that kind in the language of this law? [admit that the District Attorney in general high legal autho rity, that he understands, and desires to interpret justly, the laws of his country; but I ask him where does he find ‘any foundation for such a doctrine in the law that “Every treely write and speak his sentiments, &c” ”—‘'in relation to all matt gle exception—provided the publ ith good motives and for justifial Ispeak it with great respect that the Di altogether wrong on this point. We h: any thing that takes place in private life provi- ded it be true, and doze with good motives and for justifia ble ends. I freely admit thy t when one goes into private lile for the purpose’ of exhibiting a man’s li bles—in all cases of such officieus intermeddling the law very properly pronounces prima facie that it has been done without a proper motive and without justifiable ends. And of whomsoever thu ends into privete life,the law requires strong affirmative evidence that he has acted with good motives and for justifiable ends. But the ground which I took the otherday, and which I still maintain,and which has been amply discussed before you, and you will see the reasonableness of it, and its accordance with the law- I contend that the law permits the publication of any thing about any one, provided it be true, and published with good motives and for justifiable ends. Now if all that we have publishedof Anthony Dey be true—and | defy the powers of incredulity to doubt that it is “true~—then the nly question remaining is —had we a justifiable end, and were we actu ated by proper motives ? Did we do it maliciously for the purpose of slandering Mr. Dey, a man who was a stranger to the defendant, and where there was no nc- quaintance from which mallee could be inferred ? or did we doit forthe purpose of carrying out our discussions on some of the great principles of government ? or perhaps I might with more propriety say, the principles which have governed the business men of this Lahey 4 for the last four or five years? Now, it must appear to the Jury that it is done with good motives and for justifiable ends I beg you to attend particularly to that part of the lan- guage of this clause of the constitution—" And if it shall appear tothe Jury that the matter, charged as libellous, is true, and published with good motives aud for justifiab! ends, the party accused shall stand acquitted.” ‘Now, i not necessary for us to adduce absolute proof that he di itout of will or kindness to a Dey—that he done it to exalt him or give the community a better opi- nion of him. It is sufficient that it appear te you either from the nature of the publication or subject matter ot it, or from any other source that it was done with justifiable motives, and for proper ends; then you shall, by the con- stitution of your country, jit James Gordon Bennett. I care not what clamors e been raised against him —l care not with what holy malice and zeal the prosecutor may be filled—if he has published the truth, and that with good motives and for proper ends, he is to be actjuitted Who}would think, 1 would ask, of indicting the editors of the public press in this city for publishing the records of this Criminal Court? And yet with equal propriety might they be indicted for doing so, as for publishing the records of another Court, for the eee of exhibiting the follies and extravagance of men. The object in publishing the trials and convictions of the candidates for Sing.Sing, is to put the Community on their guard, and to serve the cause of morality and the eos order of society. With asimilar meritorious and justifiable object of correcting the standard of business morality,has the publication com- plained ofbeen published. Ifthe doctrine of the District Attorney is to be carried out, why does he not bring an indictment against the editor who has published that such and such men have been convicted of theft and sentenced to the penitentiary. as wel Might not such a publication be just indicted as that which is now complained of, which merely paral, describes a schedule, in itself s premely ridiculous? Most certainly. Areany such d tinctions to be made? Is not the humblest culprit at this bar as much under the protection of the law as James Gordon Bennett? And if Mr. Bennett is liable to a prose- cution for libel on this ground, at the suit of Anthony Dey, why not the editor who publishes the fact of the conviction ofthe thief? Need Iany longer urge that for publishing the truth in relation to this application for the Bankrupt Law, Mr. Bennett has been guilty of no libel? Is there any thing which shows that he publishe it maliciously? Tonly refer you tothe language of th publication itself. He calls Mr. Dey “a gentleman,” and there is as much slander i pplication of that epithet, as there is in any other part of the publication, Hecalls Mr. Dey an “eminent lawyer, a man of business and a Christian.” He says that he was represented as aman worth $200,000 shortly before he failed—and that we have seen to be true 7 Mr. Beach, who swears he does not know what poudretteis. (Laughter.) We contend, gen- tlemen, that all our statements aretrue. We contend that Mr. Bennett has published the truth for the purpose of giving to the community information in relation to the operations of the Bankrupt Law and the credit system, and did in fact, what, according to the doctrine of the Dis- trict Attorney, he was clearly authorized to do. Now comes the remaining question, has Mr. Bennett held An- thony Dey up to public scorn, contempt and indignation ? There are some men, gentlemen, I suppose, who think that from the peculiar situation they occupy in society, their persons and all their cencern rendered sacred. Thave no doubt that Mr. Dey regards himself as such a ersonage, that for Mr. Bennett to mention only Bis "name in’ his paper is libellous. But, gentle. men, | do not know that you are bound so to regard Mr. Dey. 1do not apprehend that he has any pe- culiar immunities which do not belong to his fellow citi- zens. vy of you, have just as good aright to regard the publication of our names in Mr. Bennett’s paper as an insuit,as Mr. Dey may fancy himself to possess. 1 do not suppose that you willbe led to believe that Mr. Ben- nett is bound to refrain from all mention of the name of Anthony Dey. But what has Mr. Bennett really said about Anthony Dey? Has he charged him with any crime or frend? -Notvut alt. With any offence against morals? No. {ask youserionsly, gentlemen of the ju- ry, has Mr. Bennett charged Mr. Dey with any moral tu itude, or crime, or fraud? Tsay he has not. Has Mr. Bennett represented Mr. Dey in any ridiculous ‘aspect, in: dependent of the facts as set forth in the schedule itseli 7— Has Mr. Bennett fone into Mr. Dey’s private family circle? Has he invaded the sanctity of the private circle? Has he spoken of any personal deformities, or any private foibies. Notatall. There ison the Sapte 4 a strikin, forbearance on the part of Mr. Bennett. He has, I thin! Ican safely say, manifested a cautious determination on his part not to put ferth a single remark or circumstance calculated to injure the feelings of Mr. Dey, except in those light and playful remarks to which Ishall call your attention by end by. What, Task again and again, is there in the remarks of Mr. Bennett, independent of the facts shown {0 be true, that és calculated to make Mr. Dey ridi- culous ? Mr. Jonpan then commented at considerable length on the language in the alleged libel, and showed conelusive- ly, that it was sltogether destitute of malice,—that ittwas couched in friendly terms, and not at all calculated to slander or defame the character of Mr. Di He asked if the jury werethere to try the propriety of Mr. Bennett's literary taste? Was it for the purpose of erecting a stan- dard of literary taste, by which all newspaper editors were to de regulated, that indictment had been brought ? Surely not. ‘The only question for the jury was, whe- ther the publication had been made with motives and for justiftable ends. I trust, said Mr. J., that this is not the jury that will aid the complainant in his vindictive efforts to crush @ newspaper editor for the faithful discharge of his functions. I trust there is honor and justice enough in that jury to say, “Mr. Dey, you should not have come into court—you should have allowed these remarks to pass unnoticed. Your schedule stands itself an imperishable monument of your folly and extravagance. record of your madness and folly is already written plainly enough in the sufferings of red widows and orphans” —for, gentlemen, there are administrators’ and trustees’ estates which have been wronged and ruined by these speculations. “ You should have kept out of court, and net added notoriety to that injustice, which, whether in- tended or not, is permanently recorded in your own schedules.” Mr. Wurrina’s Sreecr.—In consequence of the lateness of the hou: impossible to write out for to-day’s paner, the notesof Mr. Whiting’s very ablespeech, which he felt called upon to make in reply to Mr. Jordan’s address to the jury. He laid down the law at length, and cited nu- merous authorities. He claimed, according to the con- stitution of our State, that “Every citizen may freely ‘peak, write, and publish his sentiments on all subjects (such’ as law, religion, politic Brandreth’s pills, kc not on all individuals. He maintained that there was a dif: ference between the private citizen and the public citizen —that the editor might speak of the one, but not of the othe: reference to the ree of the Recorder, it will be seen that this doctrine w jolly upset. He paid Mr. Jordan a very handsome compliment, calling him a pro- iound lawyer, a strong and powerful reasoner, and an eloquent orator. He said he should endeavor to procure Mr. Bennett’s conviction and punishment, if the evidence and the facts would justify it: he should endeavor to prove, that upon the face ofthis publication, Mr. Bennett has mated @ plain, clear, flat, and palpable falsehood. I shall show you, gentlemen of the jury, that Mr. Bennett has falsified the truth in the matter of that balance of one cent. The cash account;correctly stated, stands thas :— Casm Account. 14th Nov. bought 2 candles, 17th Nov. cash on hand, 28 From which it appears, gentlemen of the jury, that so far from Mr. Dey’s owing a balance of onecent to some un- known ¢: r, he actually had28 cents on hand. And I shall contend, gentlemen of the jury, that Mr. Bennett has falsified the truth in this matter of the one cent ba Cents. 29 lance in a very material point to my client’scase. there- fore this paper hae a material falsehood upon its face.— There isalso another statement equally false; I refer to pews, psalms and bibles are the assertion that Mr. Dy 1 in salvation to $2,166.79 wet. It ain't true that this $2, y of the New Jerusalem are lculsted to help Mr. Dey to heaven. And T assert, boldly and fearlessly, that Mr. Bennett has utter @ falsehood in stating it.— Mr. Whiting pronownced a most eloquent eulogium upon the Herald. H id it was Mr. Bennett's pride and glory that his paper wos circulated in every land and in every clime upon which the sun in the firmament of heaven ever shone. If you go to England you finditthere. In France it is almost the only American paper that can be found upon file. It penetrates through the pathless snows and dreary wilds of Russia. Upon the summit of the Alps ‘ou may see it. If you travelto India you findit. Itmay be found in Switzerland and Germany—upon the seven hills of aneicnt Rome, and upon the time-honored and classic soil, and beneath the balmy skies of Italy, there you may read the Herald. Cross over the Bosphorus—go into Asia—and, in short, wherever the Enghsh language We deny that such 795 37} in the cur- is spoken or translated, there does the New York Herald circulate. In view of this immense circu: lution, and of this immense power wielded by one Mr. Whiting spoke of the g caution aud etion which should be used in conducting the papar Whiting touched upon almost every thing pertaining to the cose, not forgetting even the matter of poudrette, Upon whick he dwelt at length, and pronounced 1 most beautiful eulogium He also prononneed another culo: «um upon the credit system, upon which our forefathers ‘ought and bled, and died. In evidence that the article in question was recy, spicy, and caloulated to excite ridicule, he appealed to the effect which the mere ofitin court had upon all who had heard it, there a solitary individual in that room, not excepting even the Judge upon the bench, who did not laugh outright? Some remarks had been made about bleck mail. Mr Whiting stated that Mr. Dey expected that Mr. Bennett would come into Court say that some rich creditor had come to him and otfe edto give Mr. Bennett 9 much ifhe would publish the article;and that he,would say to the Court, that Mr. So and So, a responsible man, had given him so much to publish the article, and he had accord- ingly done it. But Mr. Bennett had done no such thing. ‘The Reconpen then delivered the following CHARG! 4 GextLemen oF THe Juny :—Mr. Bennett is indicted for an alleged libel upon the character and reputation of Mr. Avthony Dey. 1 cait hardly deem it necessary to detain you long with any remarks on the law or facts of the case as they have been so fully examined by the counsel. The Jaw of libel bas undergone avery important change under the Constitution of our State. “(The Recorder here read the clause in the Constitution, which as we have again and again quoted, need not be here repeated) The law was, formeci exey aitreat, A libel, gentlemen, has been defined to be ‘a malicious defamation, expressed ei- ther in printing or writing, and tending either to blacken the memory of one that is dead, or the reputation of one that is alive, and expose him to public hatred, contempt or ridicule. The publication of the alleged libel has been admitted jn this case by the defendant, and the only questions for yoti to decide are, is the publication libelous, and has it been do th ** good motives and for able ends?” And is thet which is charged to be libellous true iu fact? It is not charged on the part of the prosecution that the rer he libel imputes fraud, or criminality, or corruption to Mr. Dey. But that on the centrary, it holds him up to public ridicule, and in- cites public contempt. It is not necessary, however, that a publication to be libellous should impute fraud or crimi nality, noreven that it should be false in all cases. The holding of an individual up to public contempt, contume ly and scora is Libellous, and forthe simple reason that it tends to a breach of the public peace. here there private wrong thereis in all cases a corresponding Beivatg remedy, and In that respect it may not ve indictable, be- cause the public have no interest in it. But where it af- fects the pudlic peace, it becomes in all cases indictable. Thus it is that an assault and battery, or a violence com- mitted on an individual, asit tends to a breach of the pub- lic peace is indictable, although it does not deprive the individual ofhis private redress for the injury. | remarked also that it is not necessary in all cases that the libel should befalse. Many remarks may be made ina public Teer tending to expose an individual to ridicule by describing some personal deformity which really ‘exis's, but et these remarks will properly be held to be libellous. The first question, gentlemen, that would naturally pre- sent itself toyour minds, is what is the character of the publication before you inthis case? It is alleged, on the part of the prosecution, that the publication is calculated tehold Mr. Bey up to ridicule, and thereby to produce a breach of the public peace. On the other hand, it is stated that the publication is innocent in its tendency—that it is playful or spirited—that it charges no fraud nor immorali- ty, nor does it exceed those bounds applicable to the liberty of teen. It 1s also stated, on the part of defence, that hi liscretion: contracting debts, and embarking in injudicious speculations, should be held up as a beacon and warning to others—that therefore Mr. Bennett was fully justified in making these ark. [The Recorder here succinetly summed up the arguments of counsel and he proceeded.) Remarks have been made here in relation to the liberty of the press. The law was formerly, as I stated it, that any publication, however true, might Le libellous, and the remark you have probably all heard, “the greater the truth the greater the libel.” However true, ifthe re- marks made were calculated to hold a person up tu ridi- cule, they were libellous, and the truth could not be in evidence. The only question then was, whi effect on the individual and the pu! mind? Isit culated to cast reproach on tne individual? If so, it is li bellous. But our constitution has adopted a new princi- ple, and one of which I think all must approve; to wit, that when the truth is spoken, and the motive and ends are gocd, the truth can be given in evidence, the Ju being the judges whether the motives and end were si ficient to jusiify the publization. You will also perceive from that section of the Constitution which 1 read, that an individual may publish precisely what he thinks pro- per, no matter how libellous or censorious, but heis held at the same time responsible for the publication, and for the abuse of his right. In some countries censors of the press are appointed, and have the power of prohibiting the publication of works submitted to them, which may not accord with their views of politics, policy, or religion. In this free country the only censorship of the press is that which is exercised by the Jury. You are the enly recog: nised censors of the press, It has been repeatedly asserted the pressis at liberty to animadvert on public men, but not on private individuals. 1 do not know any such dis: tivetion. You h ive the same right to assaila private man asa public man, Both have the same protection, and li- bels against both are judged by precisely the same rules oflaw. Theonly distinction of which I am aware, | respect to the probable motives and objects of the publica: tionin each case. It not unfrequently happens, gentle. men, that in cases of this description counsel indulge lib- erally in declamation respecting the freedom of the press. The alarm is often on those occasions sounded, that if you restrain such publications you restrict the liberty of the press. Noman, gentlemen, admires more than I do, and would make greater efforts to sustain the liberty of the press, but Iam bound to respect the limits assigned to it by the constitution. The influence of the press in diffusing cor- reet principles in science, in morals, in civil government, and in maintaining the best interests of society is immense. Itis when properly regulated a source of infinite blessing. Buton the contrary, when it descends to attack private reputation, with bad motives, to gratify vindictive feel- ings, to expose individuals unjustly to ridicule, it becomes a loathsome reptile, whose very touch is degradation, whose breath is poison, and whose bite is death. Gentle- men, Ido not intend to occupy more of yourtime. Ihave called your attention to the great and fundamental princi. ple of the law of libel, and | am happy that in cases of this kind, the court can, a3 they are hound to do, repose in the good sense of the jury for the decision whether the publication has been true, and done with good motives and for justifieble ends. That duty rests on you, and you alone. If in the publicati de by Mr. Bennett in rela- tion to Mr. Dey, he w: good motives, and for the attainment of good ends—if it were done forthe pur pose of exposing hivindivcretions and extravagance, and so warning the public against pursuing a similar course, without inculpating Mr. Dey’s morality, his character, or his standing, you may then say that his motives were com- mendable, an I that he is not guilty of alibel But if, onthe other hand,you consider that the publication was made from vindictive feelings, or merely forthe purpose of ra tifying his own passion to assail the character of individu als,tand to amuse a portion of the public, or if from any mer- cenary motives, then it is clearly libellous, and it becomes your duty 90 to pronounce it. Inthe performance of your duty, Gentlemen, I am confident that in accordance with the oath you have taken, you will carefully examine the whole subject, and draw the lines which T have endea- ribe; and that your own good sense as en- lightened, and guided by the views of the counsel and of the Court, will lead’ you to conclusions sustained by your own consciences and satisfactory to the com: munity. With these remarks, Gentlemen, the Court sub. mit the case to your consideration. The Jury then retired under charge of an officer. Concnusion. i After the Jury had been out some time, they came into Court unable to agree, standing 7 to 5. One of the Jurors, Mr. Daniel Robbin, arose and stated that several of his comrades wished to know, if the publication of the schedules and remarks were calculated to hold Mr. Dey upto ridicule, then were they libellous. Recoxper—They are. And then the question will be, are they made for a justifiable end ? Mr. Ronatss.—For myself and thote who me, 1 would say that we think Mr. Bennett ii fiable in publishing the articl was his duty todo so. Wetl on thecommunit by g the whole matter to the world. To deprive ir. Bennett of such a rizht, would be an infraction of the rights of every private citizen as guar- anteed to him by our democratic institutions. (App! Mr. Rosnins said he weuld put one more quest his Honor the Recorder. It is this: If a juror think Mr. Bennett justifiable m publishing these remarks, would it be right for him to give a verdict of guilty 7 Reconpen.— Moat certainly not. ‘The Jury then retired again. In about half an hour they returned, declaring that although they now stood six to six, yet there was not the remotest probability of their ever agreeing. We therefore end the report thus:— The Jury disagreed—stood 6 to 6—and were discharged. Tue Lapy’s Worty.—We understand that Mr. Peterson, the publisher of this popular lady’s maga- zine, has engaged Mre. Ann S. Stephens, ourtowns woman, as editor of his work. This isa wise se- lection. Mrs. Stephens is perhaps the best female writer the country affords. Her prize tale of “ Ma- ty Dement” has never been equalled, while her sub- sequent stories, such as “ Alice Copley,” ‘ Molina Gray,” “The Two Dukes,” and others, have sunk deep into the hearts of her readers. With her effi cient pen, added to his present corps of writers, Mr. Peterson cannot fail to make his magazine the la- dies’ periodi ‘We noticed lately in terms of high commendation, the variety and splendor of the embellishments with which the Lady’s World is adorned, and we hazard nothing in saying that, of his present movement, the proprietor has placed his magazine alongside of Graham’s, though in a dif- ferent line, as a competition for public favor. In the elegance and novelty of the fashion plates, and generally in its claims on the ladies, this new and sterling periodical outstrips all competitors. Israel Post, 88 Bowery, is the New York publisher. At.suoatnea. Majer Noah is very busy scouring up hic old muskets for the great Tyler campaign. Look out for the long tom Steionive.—The sleighing is said to be pretty good out to Nowlan’s, Prospect Hill. At allevents the refreshments and reception at Nowlan’sare al- ways capital. Cnatmam Tnrarei r. ‘coed, an excellent melo-dramatic actor, commences an engagement this evening in his favorite character of Bill Jones, in the thrilling drama of the “ Spectre Pilot.” The deeply interesting play of the “ Maid and the Mag- pie,” and the popular farce of “ Cousin Lambkin,” are also oflered, presenting an unusnally attractive bill, and which must secure the customary crowder honse. The exceedingly low prices of admission to this theatre, without any diminution in thy amount of novelties, meet universal approbation, and the high character of the audiences indicates plainly that cheap amasement is not at all inconsis tant with the dictates of fashion, as some falsely imagine to be the case, BY THE SOUTHERN MAIL. Washington, [Correspondenee of the Herald.) Ae. Ww. TON nesday Nig! aagarerron, WW edneet ne by Presentation of the Battle Sword of Wash- ington and Cane of Franklin to the Se= nate—Passage of the Navy Appropriation #11 in the House, The navy appropriation bill passed the House to- day, with a few trifling amendments; and the sword of Washington and cane of Franklin was presented to the Senate, and then both Houses adjourned. The principal scene of interest of course was in the Senate; and the galleries were crowded with the beauty and elete of the city to see the ceremony. Mr. Bucuanan presented a memorial from Phil- adelphia merchants, praying that Congress would establish a regular line of packets to Chagres, and thence an overland mail to Panama. This was re- terred to the Committee on Commerce. _The Hon. Marrnew Sr. Ciarr Cuarxe then made his appearance at the door of the Senate chamber, with the sword and cane before named, and stated that the House had passed a joint resolution of the thanks of Congress to Mr. Samuel T. Washington, tor his present to the nation, and that the House asked the concurrence of the Senate thereon. The Sergeant-at-Arms took the sword and cane and laid them on the desk before Mr. Mangum. Mr. Arcuer moved to take up the resolution. Tt was read. Mr. Mancum then called for the sense of the Se- nate om its passage. 5 Mr. Ancuen then rose, amid almost breathless silence, and :—Mr. President : It is known to all who have read the will of General Washington, tht he left four nephews, to each of whom he bequeathed a sword. The one now before us was worn by t! ‘ather of his Country through the whole period of his glorious military life, from the mo- ment, when a mere boy, he entered the Colonial service, until his subsequent proc: edings crowned his name with immortal glory. T’ vord was the plaines', a dered intrinsically, the least valuable of the rest ; but in my opinion (and this would be conceded by the Senate and the country) it was by far the most valuable, forit was the battle sword of this great man during the whole iod of the war of the revolution. ‘There was no ques- tion of its identity ; if there were, I could find an argu- ment, satisfactory to my own mind, in its simplicity, so characteristic of its former possentor. It may be thought by some unbecoming the dignity of the Senate to thus consume one moment of its time ; but I, sir, am not one of them. In other climes and ages’ of the world, those who were the precursors in the career of liberty, were honored by their country, after death, with marble statues to their memory ; and although such evidences of the nation’s gra- titude with regard to Washington and Franklin nowhere meet the eye, yet in my opinion these memorials—the sword, the [—excited emotiensin our bosoms far more sublime and grateful to the heart than the towering mo- nument or mausoleum. They bring to our view, as it were, the images of the statesman-warrior and the sage, and inspire us, in a degree, wits the same spirit which produced the achievements for which they were so ethinently conspicuous as benefactors of their country. But who were the persons, and what are the names with which these memorials of the past are associa- ted? Washington! when that name is mentioned we should be presumptuous were we to attempt to add any thing to his fame ; of whom one of the most eloquent men, who wielded the sceptre of a monarch, said that “ amon, the inspired men his was the greatest nameof all.” An itn j for allow me to say that i st were possible for a man as eminent in wisdam and virtue as Wa: ton was to appear in this world, he would not be regarded in so aus- Kicus alight. And why ? Because circumstances must form the element of greatness, and because no man living can be placed uader circumstances similar to those con- nected with the history of Washington. ‘There have been other men who were ed as the founders of liberty in their own country and clime ; but aever can there be another man beside Washington, who will be regarded as the founder cf liberty for the whole human race; and, unless we shall prove recreant to the invaluable bless. ings which he and h is asseciates have committed to our trust, the character of Washington will merit and reovive, in all after time, the highest veneration from all nations of men ; and among the thousands of races which will spring into liberty on the face of the earth, the great example of Washington will plent the germ of republican govern. ment, which will increase and spend its branches, under which miliions will shelter ; and, its ple fruits, they will claim Washington, as we now do, as the benefactor of their treedom.— Associated by circumstances seemingly so fortuitous to the Father of his country, Franklin was the second man in achieving the independence of the States; to him will science long be inebted for his discoveries in electricity ; which, in this particular especially, will establish his fame as one of the greatest benefactors that ever moved onthe tide of ti Franklin, in bestowing the cane upon Wash- ington, said, that if it were a sceptre he had merited it, and would become it. Washington had not only merited, but had gained a sceptre—his throne in the hearts of his countrymen. But, sir, [take my seat, simply to give place to the tribute of respect which ell are anxious to bestow on the memory of those great and good men. There was no applause, as in the House yester- day, and he sat down. The resolution was then passed. _ R Mr. Axcner—I think, Mr. President, that this body cannot pay a less tribute to this occasion than was paid by the House cf Representatives yester- day, andI therefore move that the Ssnate be now adjourn’ his of course was carried, and the ladies in the gallery crowded down on the floor of the Sanate, to ses, handle, touch, and some even to kiss the relics thus presented. 3 i in the House, the first husiness done was a motion by Mr. Taliaferro, that 20,000 copies of the pro- ceedings of yesterday be printed. This was car- ried. Mr. Briges moved to have the following letter of Mr. Washington inserted on the journal:— Coau’s Mourn, Kexawna County Va. January 9, 1843. My Dran Sin—With this you will receive the war- sword of my grand uncle, Gen. George Washington, and the golihe led cane bequeathed to him by Dr. Benjamin ranklin. ‘These interesting relics I wish to be presented, through you, my dear sir, to the Congress of the United States, on half ofthe nation. Congress can dispose of them in such manner as shall seem most he (ito and best calculated to keep in me- mory the character and services of those two illustrious founders ofour Republic. 1 am, with esteem, yours, SAMUEL T. WASHINGTON. To Hon. Gronar Summens, House of Representatives. This, of course, was carried. a Mr. Kenwepy then had his special erder about commercial reciprocities (a copy of which I sent ba made the yaa order for next Saturday. The House then went into committee of the whole, and took up and passed the Navy Appropria- tion Bill, with the following amendments:— The amendment to reduce the pay of officers 20 per cent., was rejected. Ayes. 7, while they partake of Noes. 82. _ A thin House. Many members were off frolick- ing. Nir. M’Kxon’s amendment, relative to allowing no money to be appropriated for the fitting out of the African Squadron was rejected. Ayes. a. Among the aye: Johnson, Rayner, Noes. Not counted. I saw—C. J. Ingersoll, Cave Merriwether, Doig, Burke, Clif- tord, Snyder, Redding, Fornance, Lowell, Gwinn, and M’Keon’ Not much of a show of strength fer the ultra Benton party in the House. Mr. Stanty, however, proposod an amendment, by which the total amount of the pay of the officers and seamen of the whole navy is reduced $200,000 only. This was carried:— Ayes. Nays. 73. 53. Where were the other 114 members? Mr. Mattony moved an amendment that the du- ties of the head of the Bureau of provisions and clothing shall hereafter be discharged by a Captain. Mr. King moved that they be age by a pur-y ser. Mr. Mallory’s motion to put a Captaid here was carried :— Ayes. Nays. 113. No count. Mr. Frssknpen moved that no man shall be ise at the head of the Medical Navy Bureau, who has not been to sea for five years at lata. This was a severe cut at Dr. Burton, and was carried. Mr Levy moved that $500,000 be fs a aaa fora ge dock at Pensacola. Carried. So we shall have two posting docks, One at Brook lyn and one at Pensacola. One is to be a sectional lock, the other Gilbert’s balance dock. The Hon Alderman Leonard is here electioneering for the sectional dock, which he says isthe best. Mr. Ban= ger is here for the other dock. Mr. Cave Jonson tried to get an amendment passed to stop any increase of the navy. This wie rejected :— yeu. Nays. 30 No count. Mr Burner. tried to get an amendment passed, that navy apprentices, when competent, should be se- lected for midshipmen. This was rejected. Very repabioaH this. he bill was then reported to the House, the amendments concurred in, and the bill was read a third time and passed, The House, thinking it had done an immense amount of business, immediately adjourned. The weather, which has been very severe and ve- ty cold for nearly a week past, noe tounge Writ or Quo Warranto uron rae Snener.— Yesterday a writ of quo warranto was isaned by Judge Kennedy of the Supreme Court, at_ the rela- tion of of John Napier ana Samuel C. ‘Thompson, upon William A_ Porter, Esq , Sheriff of the city and county of Philadejphia, to show by what right he exercises the functions of Sheriff; which writ was served upon him this morning by the Coroner. The writis made returnable on the 20th inst. This morning another writ of the same character was ‘aken ont of the Courtof Common Pleas by Ovid F Johnson, Eeq., Prosecuting Attorney of the State,.— Phil. Gazette, Feb. 9. Sales of Stocks at Philadelphia Yesterday. $1100 City 57 of 1863, 92; 2500 Pennsylvania 6’s of 1846, 49; 500 Wilmington RR 6’s of 1°59, 62}; 30 shas Wilming- ton RR, 10; 60 do N OGas,9, Atter Board—4i shas Wil- miagton RR, 9}. LATEST SOUTHERN SHIP NEWS. | L pattem Feb 8—Cid Pauline, Manson, Rio de Janeiro and a mn ALEIXAND ay Feb 6—Arr Gen Harrison, Barbadoes. Sid Sarah Lavin jarauham Ric ‘eb 4—Sid Albano, Buxton, New Orleans; John De Josten. 1k, Feb i—Arr Dieskau, NYork; 5th, Margaret Bal- (Br) Belfast: 6th, Shettand, St Johns, PR. Cld T: Guadaloupe. S!d.4th, Orleons, NOrleans.. 4 Chanueston, Febé—In the offing, Brothers, from Dublin — Cld Warde, Thayer, Liverpool; Cordova, Morse, fomee- el), Havre: Orven, (Noz) Butenschen, Autwerp; Sal- nwin, Mobiles Anguata, (Dan) Christensen, Copenha- ‘Conqueror, (Br) ol; Aquetnet, do, Lady 'ms,do; Mexican, Deminz, Stertin; Cumberland, White, Southera port; Venice, Gill, Boston; Emily, Sherwood, New York: Adrianna, (Br) Hut, West I Franklin Green, Draper, do, Arr 5th, Vu Baxter, Fall River for Savan- nah, in‘distress, Sid Francia Canaday, and Concord, W Indies. An ty Sop ice, (BD mare De—~experienced heavy weather, lost bul war! pra Motu, Jan st Are Great sity Frou, N¥ork: Hees, Post,do; Nichola: Brown, do; Vandalies % Ker, Bel ie Beuoa. Cla New York, Greenock; ‘Tax merlane, Liverpool; Lawrence, Havana; Edwin, do, vi = . Si uu, Boston; Le- Hew Qargane. Jen Ar Pun A eens bor tucker, taverbeols Sune, Dees, Riya 4 ‘aine, And A Hi Baltimeretarocd Dos Amigos, (8p) ber alta, inden, with Toss of bowepeit— Cl lah, Hat pool; Athens, Chase, do; Chan- tellon, Divan New Havens Gomer, (Br) Vesey, Demerarn; Delia, Fales, Baltimore; Valhalla, Haynes, do. General Record. . Baro Vinainta, Baxter, from Fall into Charleston 5th in t. in distress, hi 3d. Atalanta, of r for Savannah, pus beg ran into of thee atancheons and planks! laces, broke the t neer mast and jibboom, jib and forceait and s. aplit. the sampson post, and other bs lay by her til daylight, aud finding they wavted ‘io. assistance, proceeded on hercourse. The shi di cutwater and figure head, lost’ jibboome' chats habeas? welch Other slight im: 8 Alfred, of NYork, Hollander, of Boston, Jee Common Cou: Boax or ALperm.n.—Thuraday evening, Feb. 9th.— Alderman Woodhull in the chair and lermen Under- wood, Wartin, Smith, Gedney, Purdy, Carman, Bounell, West and Lee. This was aspecial meeting held for the purpose of acting upon the “report of the Finance committee upon the finan. cial condition and policy of the city of New York, recom- mending an application fer various laws in relation there- to;and on the Comptroller’s report in relation to the an- nual tax bill, with the draft of an act therefor.” ‘The meeting was called by adjournment at the hour of five o’clock, but a quorum was not present until seven. A resolution from Alderman Cro.tvs, laid over from last meeting, en airing intothe pro} riety of applying to the Legi ure for abolishing the office of Wi commis- sioners, and authorizing their duties to be performed by the Croton water beard, was referred to the law commit- tee. Alderman Carman introduced a resolution calling upon Mr. Meigs, late superintendent of roads of the 12th ward, to deliver to his successor 2000 stone hammers and sledges in his possession—referred r Alderman Purpy introduced the following:—Whereas, ithas been represented and ears evident, that it has been and is the custom to de such criminals of whatever grade has a ten- deney to corrupt the morals ofinnecent persons— Therefore, Resolved,that it be referred to the Committee of Police, Watch, and Prisons, to enquire into the necessity of providing separate epartments for the convenience of such persons as may be required as witnesses—adopted. ‘Alderman Lex offered ajresolution, calling upon the magistrates of the upper and lower Police to place a list of fees chargod at their offices conspicuously placed in each office, in order that the public may know the charges— adopted. ‘Alderman Lex offered a resolution, Gres upon the Comptroller to enquire into the accounts of Jefferson Ber- rian, Superintendent of Streets, in 1839. It was intimated by the Alderman that he had never closed his account with the Corporation, and probably might be as much be- hindhand as some others who had been arraigned before this Board as defaulters, Alderman Davies moved to lay the resolution on the table, which was lost by a vote of 6 to6, Alderman Jones, Crolius and Davies having come into the board since the reading of the minutes, Alderman Davies then moved an adjournment, which was carried by a vote of 8 to 5. Several attempts were made to bring up the document relative to the tax bill, but the absence of several ot the members, induced a postponement of all action until the next meet B. The Board then adjourned, but we understand a special meeting is to be ordered on Saturday ufterneon, at three o’clock, to discuss and paas the tax bill. O@Tue Ixprans on Honsepacx.—Should the weather define to-day, the whole party of Indian Chiefs, at the American Museum, will appear on horseback, at 1 o'clock ona splendid stud of horses fromthe Bowery Amphithe. atre, and ride through the principal streets, costumed and Pannted, as on their war and huating parties on the prai- ries. They are said to be the finest horsemen in the w orld, and with their noble figures, will make a brave show.— To-morrow they will appear, both afternoon and evening, it being their last day, in their most splendid dances, feasts and ceremonies, In every way these are amost interest- ing set of savages, and no one should fail to see them. The charming forrest belle Do-hum-me, breaking more hearts than her father, the old Sac Chief, ever did heads. ~ QG> LITERATURE.—Just issued from the press, and for sale at this office, the new Historical Novel, Bianca Capello, by tae popular suthoress, Lady Bulwer. Price 18} cents per copy: Also, Blackwood’s Magazine, 18f cents, and the recent- ty published novels of Scott, Bulwer, D'larseli, Dickens james, Smollet and Miss Landon, all of which may be had. = ie Also “ bd Lapated gers lyin ing jison’s istory of Europe, Cooley’s parks’ Washington, end Thiers’ French Revolution. “i 0G- THE ATTEMPT TOFORCE SPURIOUS PRE. parations of Sarsapariila into market on the reputation of the genuine Bristol’s Sarsaparilla, which has been prov- ing itself for more than seven years, meets with but slim suceess where the real article is known. Read the fol- lowing, fromthe Watertown, N.Y. Register, of Jan. 23, 843:— “We would call the attention ofthe public te Mr. A. B Hull’s advertisement in another column. The wonderful cures effected by Bristol’s Extract of Sarsaparilla, isin re- ality astonishing the world. We are informed by the Agent for this county that it sells with great rapidity ; an- swering the fondest expectations of those who areafflicted with scrofula, and other impurities of the blood.” Sold wholesale and retail, by Wm. Burger, 50 Courtland street; at retail by Rushton & Co.; Milhau’s, 183 Broad- way; Aspinwall, 88 William street; Syme, 63 Bowery; ippe, 167 Division street; 211 Fulton street; J. Syme, Fulton near Water street, and Drugguts generally. IMPORTANT TO SUFFERERS BY FROST.— Dr. Freeman (one of our most respectable Physicians) re- lated the case of a young sailor who had frozen and when he was called wasin such distress he thou; he would have the lockjaw. He at once prescribed Dal- ley’s Pain Bxtractor, kept at 71 Maiden Lane, knowing it to be the best remedy for burns, an! thought it might be in this case ; it was applied, and to use the doctor’s own words, ‘it acted like a charm,” relieving him immediate- he and curing in avery short time. Humanity dictates that such a remedy should be made known to all. LINIMENT DU DR. HEWES POUR LES 08 et les nerfs, et Elixir Vegetal Indien.—Excellens articles sad les Rhumatismes, les foufures et les Cassures.—Ils lonnent dela force aux membres affaib is, detruisent la contraction des nerfs, les engourdissemens et les engorge- mens. —Les articles garantis ont le nom de Comstock et ir H'enveloppe de chaque boutele et sont vendus au No. 25, rue des Magasins, New Orleans, and 71 Maiden lane, New York. A MIRACULOUS INVENTION TO FORCE THE GROWTH OF THE HUMAN HA(R.——By the power of science, hundreds can testify that after applying with slight friction to the scalp of the head a scientific tion called Jones’ Coral Hair Restorative, the ‘Drced te grow wharever itis applied, and the soots thereby strengthened, which prevents the h falling off, the scalp being restored to a healthy condition, all scurf or dandruff destroyed, new life and impetus is giv- en to the roots, they ww as in youth, soft, di nd silky, (even if the hair is light, redor grey.) ‘The public need not take our statement, or the inventor's; you must believe, when these persons give their names, and eerti- fy the above are the qualities of Jones’ Coral Hair Resto- rative. Mr. W. Hopkins, 92 King strect, New York. Mr. Phillips, 498 Broome, corner of Wooster st. The Hon. Judge Edwards, of Philadelphia. Mr. J. Pearson, Navy Yard, Charlestow: ‘T. Power, grocery, Fulton street, Brookly: We could offer fifty other names ae found this all it is represented, but if the enough, nothing will convince except one trial ; it is sold ite Fessonste, indeed cheap, on ly sues ae cae ttle, jones, sign of the American ie arn ttreet, Ro Y Agente et Dock siren, Piadelphi, 8 State street, Boston; Zeiber, Washington, D. C.; 57 State street, Albany, or 139 Fulten street, Brooklyn, Farewell to my old face, adieu to my phiz— So covered with blothes till Jones’ Soap riz. Lremember thee wel!, my old dirk yellow face, Whove biemssh no lotion or drug could erase, ‘Till that miracle rose—the great Chemical Soap— ‘That halm for the homely—the only real hope. FOR ALL THOSE AFFLICTED WITH ANY eruption or disignrement of the face, neck, arms, body ot hands, Reader, these are its positive real qualities—you may think it a ‘puft.” No, this [talian puical Seep wes invented by M. Vesprini, the famous Italian physi- cian, and it is a sure and never failing remedy for pimples, freckles, salt rheum, scurvy, erysipelas, &c. and will cure tender or chapt flesh. It will change the color of dark, suaburnt Lag heel skin to @ fine healthy clearness, It is sold by Mr. Jones, at the sign of the American mn 82 Chatham street, New York. Agents=Zeiber, 8d and Dock street, Philadelphia, or next to the American Hotel, Washington, D. C.; 57 State Street, Albany ; 3 State st. Boston; 207 King street, Charleston, 3; and 189 Fulton street, Brooklyn. fr THE PARISIAN LTERATIVE IXTURE, forms of recondary syphilis Pa’ in the bones, catrneous erup. and every other symptom indicative of the existence of venereal taint, thowld use this srecific without delay. Sold in bot(les at $1 cach, in cases of half a dozen bottles, $5, (lorwarded to an: Iressa.) W. 8. RICHA IN, Agent, Principal Office of the College 07 Nassau street.