The New York Herald Newspaper, February 15, 1843, Page 2

‘Trial of Commander Twetrrn Day—Fus. 14. The Court assembled thie morning at 10.A. M. All the members present, but mo spectators save the reporters. The Journal was first read by the Clerk, and then it. Gansevoort was again placed on the stand and cross-examined by the Judge Advocate. The following portions of testimony elicited in reply to uence, appear to have an important bearing on the investigation. A number of the answers have been omitted as containing nothing new. Alter the tongallant mast was carried away, both Cromwell and Small were out of their stations. At thattime, neitherthe Captain nor myself had determined on arresting Cromwell and Small. When I threatened to shoot the first man whoshould put his foot on the quarter deck, I think Mr. Rogers spoke in a voice of alarm, and said, “its me sir, I’m sending the men aft.” Ido not remember if any reply was made to me by the men, but I ordered them aft and they obeyed me. Previous to that, I was under the impression they were coming aft to destroy us. 1 may have expressed my satisfaction that did not fire at them. 1 felt gratified that I did not,. for! might have killed an innocent man. [A question was asked as tothetime when Capt. McKenzie ad- dressed the crew, explaining to them the plot and his discovery of it. It proved to have been made on the morning of the 28th, after the arrest of Crom- well and Small.1 Cross-examination resumed.—I explained pri- vately to King and Dickenson, my discoveries in relation to the mutiny,and Icharged them both to keep it to themselves. ss Q.—How did you regard the look which Mr. Spencer gave you, when he was sitting on the Ja- cobsladder?: i A.—As a decided indicaiion of malice towards myself; 1knowthat Mr. S. had an operation per formed on his eye, for he told me so himself, but this was a new expression altogether. Q.—When did you first take the papers from Mr. Spencer's locker, and why did you sy 80? _ A—They were taken on the 30th, as I think, and it was done for the purpose of satisfying us on his uilt by getting them translated. It was after he ad told me, that he would have a conversation with me when his mind was in a suitable state. Q.—Did Spencer tell you at any time, that he was willing to answer, and did you communicate that to the Captain ? A.—I told the Commander, fonerelly, of all the conversations I had with Mr: S., but do not know it I told hint of such willingness to answer questions; Postac Tatxens.—There was an unusual amount ah sind of public talking in this city last evening. Every New York, Wednesday, February 15, 1963. | thing under the face of heaven, and a few things be- pas iaaiay 3 > == === | sides, were discussed byfour wise men. First, we Herald Literary Depot. had the great Apostles of the new philosophy—Al- All the new lite: ary publications of the day, ised on | bert Brisbane and Horace Greeley. The former held the cheap cash system, are for sale at the HERALD Lt ; forth at the “Lyceum,” on the “Principles of Asso- TERARY DEPOT of CHEAP LITERATURE tion, Attractive Jedoainns oe hi arty of — Feat ‘ A | Sexes, and Moral Harmony of the Passions”—the West corner of Fulton and Naseau strects. | seseuarthanbetiad “Society,” end ths Tapeeeeaat | of he human species by the liberal use of parsnips s—Gencral Cass. and potatoes, before the General Society of Me- chanics Tradesmen at their ‘Hall’? in Crosby j street. The audiences inthese places, were rather Cincipnati, Onio. Thisevent may te coa- | s¢!ect und philusophical than numerous, and sidered another sign of the time: wdieating pretty j amongst them were a number of gentlemen with re- broadly that the next Presidency is beginning to at- | maikably intellectual foreheads, and not altogether tract the attention of the people. irreprouchable linen. The orators were as usual, In this latitude and longitude, there is a great ex- | clear and intelligible—their ratiocination was distin- citement growing out of the recen! disappointments | guished’ by characteiistic cogency. ‘‘Gratiano in Albany, and we should not besurprised to see the | speaks an infinite deal of nothing, morejthan any “young democracie,” like a bee hive in spring, | man in all Venice; his reasons are as two grains ot swarm in ashort time, and settle upon some dis- | wheat hid in two bushels of chaff; you shall seek all tinguished person. The democracy have plenty of | day ere you find them, and, when you have them, candidates in the field, General Cass, Mr. Calhoun, | they are not worth the seaich.”” Mr. Van Buren, Col. Dick Johnson, Captain Tyler, | “The coming of Christ” was discussed under the Captain Seth Sprague, and various other pieces of | Tabernacle, by the Rev. Nathaniel Southward, to a good timber. small assemblage of the faithful; and the ‘Spirit of It is both amusing and interesting to look at the | Irish History” was resuscitated by the Rev. Henry indignation generating around Tammany Hall.— | Giles, in the upper part of the same building. Mr. There is a constant buz day and night. The “young | Mooney, an unadulterated Milesian, also held forth bees of the democracie” must swarm soon, and get | on Hibernian History, Irish Giants, and Brian a new hive somewhere. Boroihme, at the Apollo Rooms. Mr. Giles’ lec- ture'was very elegantly written, but his delivery is not very agreeable. The words appeared to be jerked out of the reverend gentleman’s stomach with convulsive violence. Mr. Giles gave a rapid and very entertaining sketch of the history of Eng- lish mis-government in Treland, and altogether his lecture was infinitely superior] to the wordy ha- Tangues “sound and fury, signifying nothing”—de- livered before the Mercantile Association this sea- son. The house was thin; a great many of the lec- ture-going Indies being out in sleighing parties to Nowlan’s and Stryker’s Bay. Mr. Mooney is, as we said, a full-blooded eon of St. Patrick, and his lecture was delivered with an illigant bit of a brogue—and a right sensible, humor- ous, instructive lecture it was, Speaking of Ireland and the Irish, we cannot help remarking how much better understood the charac- ter of this people has become within the last few years. But ashort time ago, and the Irishman was known in England, and amongst the refined classes here, only as asavage, clothed in rags, with a hay rope round his waist, and continual blasphemy on his lips. All the miseries of the people of Ireland were atributed to ignorance and brutality, and the tyranny of the priesthood. But the writings of such men as Lever, and Maxwell, and Lover, have exhi- bited the Irish character in ite true colors, and have obliterated a thousand misrepresentations and preju- dices. These writers have shown that centuries of tyranny and misgovernment have fajjed to crush the ardent love of freedom—the buoyant feelings— the chivalric daring—the keen sense of wrong—the indomitable courage, which have so faithfully stood the test in many,a field of trial—and they have also shown that this people, when freed from the dis- heartening and evil influences of their oppressed condition, are capable of attaining the highest posi- tion in the various ranks of society—a fact of which we have ample evidence in this land ef liberty and equality of social rights. NEW YORK HERALD.| Call, see and Dey. Presttential Moveme, on of the arrival and reception of G Re-onganizaTion of Bevuevug Hosprrat.-— A writer in the “Plebeian,” of Monday, enters a somewhat amusing protest against the important changes which are at present contemplated in the management of the Hospital at Bellevue. It will be recollected that some weeks since, we sta- ted that a commitee of the Common Council had re- commended the appointment of twelve visiting phy- sicians and surgeons at this large institution, with a sufficient number of resident medical attendants. Amongst other reasons for this change, we mention- ed that the patients would be better attended to, and that the immense facilities afforded by the Hospital for the advancement of medical science and the improvement of students, would be properly em- ployed. The “Plebeian” is quite opposed to all this, and thinks that one resident physician with a comforta- ble salary, canbe a great deal more useful than four, with the aid of twelve visiting physicians and surgeons ; and that, besides, there is something terribly “ offensive to our sense of justice, in the idea of exhibiting after the fashion of a managerie, hundreds of our inhabitants, whose only fault 1s po- verty, to the gaze and remarks of learning (?) boys.”> In order to enable the public to estimate the force and truth of the first part of the ‘‘ Plebeian’s” objec- tion to the proposed change, let us glance for a mo. ment at the mortality in the Bellevue Hospital, un- der the present efficient system, as contrasted with that in similar institutions, conducted in the mode recommended by the committee of the Com- mon Council :— Filleene, City Hospital. Baltimore. Philadelphia. | P. we had together on the subject. i neennee Mr. Spencer told you he had this plot on board of all the ships he had been in, but that he had never got so far as he had this time, did he tell youhow farhehadgot? = A.—I do not recollect asking him, or that he told municative with me at any time, scheme to Small ? A.--No. Q.—Did he tell you when he had made out the papers found in his locker, and did you ask him? A.—I don’t recollect. é .Q.—It you made none of these inquiries, what did you do in pursuance of the commander’s orders, to find out all about the mutiny ? A.—The commander told me to ed among the crew forward, asked the Mr.Spencer the papers and heard him translats them. Paper was shown Mr, Spencer by you, in th Wore ane if so, what did he say ? names off. Q.—Did he make any remark about any of the names except that of E. Andrews ? A.—He did not to the best of my recollection. Q.—But were any questiops put to him about the names, by you or any one in your hezring, and in the presence of Midshipman Delande ? A —We had a conversation about the name of Small being in two places. Q—Did you tell Small that Spencer had said his name was E. Andrews ? Anite eis yo Ar i .—Were the papers shown Mr. Spencer after the arrest of Wilson, and the ataacmienes before ? ae oe impression is that it was a short time ter. Q.—Did Spencer tell you or any one 1n your hear- Here is a degree of mortality at Bellevue, which is pertectly appalling. It may be said that the pa- tients admitted atjthis Hospital, are of a worse class than the inmates of the City Hospital. But in Paris the average mortality of all classes of patients treat- ed both in the Hospices and the Hospitals, is only one to ten; andjin the Baltimore Alms House amongst the very same description of patients as those admit- ted at Bellevue, the mortality is one to eight.— We think that the inference from these statistics must be cleaily evident toeven uoprejudiced minds, Every one must aduit, that there is something radi- cally defective ia the medical management which produces such frizhifal results. Far be it from us Marriage 1n High Lire.—Married, at 111 El- dridge street, on the eve of the 14th of February, by his Honor the Mayer, Dr. J. S. Oatman, to Mrs. Harriet M. Coles, daughter of the late John Pye. Seldom has St. Valentine’s, fruitful in sweet emo- tions and happy events, witnessed so pleasing a cere- mony, or one conducted with more eclat, or on a more magnificent scale, or which could give promise on his list ? A.—I do not recollect. to insinuate aught against the professional attain- | of more delightful results to the newly married former was arrested ; he added that he did net re- men's and fidelity of the Resideat Physiciaas to | couple, and the seciety they are so well fitted to heh Hoheb McKencie ae ee with whom the charge of this has been | adorn. aving Conversations of a mutinous character heretofore en:rusted. So far us we m. they | ‘The gallant bridegroom, a pupil of the celebrated | vith Spencer, nor what was the reply of Cromwell. have been mea of skill and high char ii ether preposterous to =) on! system adopted, this could Lave been diminished. Bat it rae, that under the | sic vortelity Dr. D. L. Rogers, who possesses so much profes- al renown, has passed through a brilliant profes- ' sional career, of which this marriage is an appro- { priate fiaale—for of all his skillful and successful The objection that it is indeheate and improper to | operations, which have been many, this one pro- sliow students to visit the wards of 2n hospital, is | mises to be the most pleasant, and we may add the very pitiable. That is certainly the verv last chiec- | most profitable, tor the charming bride’s portion, tion that would be thought of by any one who de- | said to be some seventy five thousand dollars, is one sired the promotion of medical science, and of course | of the least recommendations to the preference of a the welfare not only of the unfortunate inmates of | gentleman of taste and fashion. our hospitals, but of the whole human family. We} Among an assembly, consisting of nearly eight are confident that the majority of our readers would | hundred of the éite of our society, and in which art regard it as insulting their common eense were we | and science, rank and wealth, beauty and fashion, at this day to enter into any argument for the pur-| were fully represented, the wedding party was of pese of showing how indispensable clinical instruc- | course conspicuous. The glances at the happy new tion is in the acquirement of a thorough knowledge | made pair, were generally those of pleasure and ad- of medicine andsurgery. The refined and delicate | miration; but there were not a few, we imagined, critic of the Plebeian will find,moreover,that ample | among the fair,to whom the doctor has been, Provision is made in the proposed plan for securing | through a ten years’ professional career, 80 deeply complete privacy to all patients who desire it. We | devoted, and who have so warmly met his gallant believe, however, that all gentlemen who have at- | advances, and reciprocated hie polite attentions, in tended public hospitals, ¢an testify that it is very | whose glances envy struggled with more amiable rarely indeed that any patient objects to the decor- | feelings. ous and proper examination of the medical attend-| Sharing in some degree the attention attracted ants or students. by the principal and most interesting personages of The tone and spirit of the article in the Plebcian | the wedding group, Mr. L., the groomsman, and the indicates that something, which is not altogether | bridesmaid, the aceomplished daughter of Dr. M., disinterested philanthropy, has suggested it. We | of East Broadway, performed their trying and aw- are glad to find, at all events, that this matter has | fully responsible duties, ina manner so admirable, been taken in hand, in the proper spirit by the Com- | that a selection from their whole circle of acquaint- mon Council, and that there is good ground of hope | ance, could not have furnished the happy couple with that in a short time New York will be able to boast | more appropnate seconds in this delightful encoun- of an hospital as well conducted and valuable as | ter. Guy’s, or the Hotel Dieu, and in which the mertali- At nine o’clock, the crowd had become fashiona- ty will not be altogether so profitable to the under- | bly oppressive. ‘ The house was filled to its utmost taker, as it has heretofore been within the walls of | capacity up to its fourth story, and the whole party Bellevue. was divided into happy groups and coteries, in Arrival or Cartes F. Minuer ann Wire.— which the marriage of the doctor, his professional ‘This arrival is momentarily expected in the packet career, pleasing begersaed bids ane, and good schooner Empire from Norfolk. This packet sailed | rune, were the subjects of conversation. There on the 8th instant, and it is time she was here, un- was also much talk of the tour of Europe, which the less her destination has been changed. Great excite- happy Soars about to make under or rh wal ment prevails among the friends of both husband soma peammany ast fortune, which can add plea. and wife. 11 is altogether a most extraordinary, | “U™° °F 8ive ¢clat to the enjoyments of travel. curious, and romantic affair. Milleris a bold and desperate man, and if attempts are made to arrest him on his arrival here, we should not be surprised if the affair should end in tragedy. he could not recollect it the captain told Cromwell he regarded him as a dangerous man. Q.—Did Small at any time say that on body else was in the mutiny except himself and Wales believe that he was engaged in it, When I said to Small, “ I thought so,” I considered that he had given me certain information ‘hat Cromwell was in was clear and confident. tell you the whole truth ? A.—Not to my knowledge. Q.—At what time was it that Spencer asked what cent? not; he seemed very anxious that Cromwell should be eet at setts Thave no recollection of Spencer’s saying, when the captain told him that he should die in ten minutes, that Cromwell was innocent, and begged that a delay might begranted. I think that about the time when the prisoners were going for- ward, the captain said to me that Spencer raf told him that Cromwell was innocent, and asked me what I thought about it. {[ told chim that I thought he was guilty. I do not know if I proposed to ask the petty officers or not ; but we did it, and nobody said he wa: but one ; Ithink Dickinson said it before. well, and did he ‘not ask for the forgiveness of and Small? A.—He did not ask Cromwell to forgive him st heard him ask Small, and [am under the impression he asked Wales to torgive him ; Small did not say you have brought me and Cromwell to this. Q.—Did the Commander show you his letter to the officers before he sent it to them? A.—I’ve ‘no recollection of seeing the letter be the quarter deck, but IthinkI saw a draft, and I think the Captain told such a letter to the officers of the brig,I’ve no recol- lection of advising him to send sucha letter ; I had @ conversation with the Dr. and Mr Perry in rela- tion to taking more prisoners ; I then said if we took en, meen nome of them we had must be put to eath, By the Court—Was that conversation before the council of officers was held? Wirness—Yes, sir. By Jupae Apvocate—Was a sail reported on the 28th, civil time, standing three points.on the lar- board bow ? A.—The log book says, discovered a sail on the larboard bow stan, ins to the eouth and west. This was from 4to 8 The course of the Somers then was north 65 deg. west. ‘ anne any attempt made to hail or overhaul er A.—Ido not know, sir ; I’ve no recollection of that sail, except that after we arrived here I heard some of the officers talking of it; I’ve no recollect tion of having any conversation with the captain about pu our prisoners on board that vessel. Navat.—Liat of officers attached to the United States store ship Erie, sailed from Boston for the Pacific Ocean:— Thomas J. Manning, Esq., Lieutenant, commanding ; George Hurst, Richard W. Meade, Lieutenants; William E. Le Roy utledge, J. P. Decatur, Passed is, Purser; William Grier, Assistant Surgeon; A. Smith, George N. Ransom, W. 0 Crain, Stanwix Gansevoort, Midshipmen; J. A. Manning, fre oe Clerk; Alfred Huighly, Boatswain. ‘asvenaens.—J. W. Dorr, United States Consul to Val- paraiso, Chevalier Ferdinand Pettrich, (sculptor) and his Great Musica, Worx —Mr. A.P. Heinrich has issued proposals for the publication in a splendid form of hiscelebrated “ Wild Wood Spirits’ Chant.” The composition is descriptive of and founded on the following ideal and real subjects:—The Genius | son, for Rio Janeiro. Adjourned at 3 o’clock. of Freedom slumbering in the forest shades of Ame- = 7 rica—Incidents of the voyage across the Atlantic, | LADt®s’ Fain—Tax Poor.—A fair for the poor will | Mn. Brnnerr Tam somewhat surprised at the silence hitherto maintained by the press of this city, and of the country generally, in regard to the new office law which has already passed the Senate. As yours is the only paper that has taken notice of it, I beg leave through its valuable columns to call on’all in- terested, to take this matter in hand before it comes up for final action in the House. If passed, it will be productive of the most injurious eflects to the country at large, but to the press and those con- nected with it more particularly. If this law goes into effect, it must ag gp injurethe magazines, perhaps stop them. If eo, American authors must starve, printers beg ; in short it would reduce thou- sands of respectable, hard-working men with their families, to actual want ; the artist may throw aside his tools, if this the only medium for the circula- tion of American literature and American arts, is closed. I would respectfully represent the expe- diency of getting up a petition there is nota sen- sible man in the city who would not willingly sign it), and let the house know, if they do not already, be held at the Lyceum of Natural History, Broad way, near Prince street, on the afternoon and even- ing of Wednesday, the 5th inst. * The room will be openedat 2P. M, for the reception of visitors.— Should the weather prove stormy it will be held on Thursday. Sievor Raperti’s Last Concert is to take place this night at Niblo’s. A rich musical treat is offer- ed,and will doubtless attracta crowded and fash- ionable audience. The Signor isan artist of great talent, and will, we trust, be honored to-night as his merits deserves, and the arrival of the ‘May Flower”—Tke efforts of power to clip the wing of the young Eagle of Li- berty—The joyous reign of universal intelligence and universal freedom. Mr. Heinrich is aman of great originality of genius, and his present under- taking is worthy of all support. GG The attractions presented at Welch's Circus during the present week, were never before equalled, both as regards quality and the amount of novelty, To the new and grand pantomime of the “ Devour- ing Ogre,” is added a superb romantic legend en- titled “ St. George and the Dragon,” together with many delightful performances in the arena. The stay of this magnificent establishment in this city, we regret to perceive, is drawing to a close—it has thus far afforded a series of chaste and elegant enter- Tainment to oy izens, whi New Music.—Dubois, of 285 Broadway, has just published that beautiful ballad, ‘* Those lovely eyes,” by Mrs. Lee. Also, the duett, “ Come with thy lute to the fountain;” and Libiteky’s celebrated have met universal | waltzes and gallopades; and L’Enfu Quadrille Dia- | the evil effects of such a law. Please insert this im x robs ti it lows will be felt by all el bolique. your valuable paper. Ww. one shou t e omit irs Thie . apchtin po ¢ mirpsnet eh Tux Sronm—This city was visited yesterday | Cyarnam Tuxaree.—That quaint and origina) Drary” wader itp yreaest with a great fall of snow from the Northeast, which enius, the “ Great Western,” has been again en- Coe Wesdilin tobe eit lar nas again made most excellent sleighing. Unless | © gf st ; i sat morrow night + leo wil be presented saged for a limited period. He is an immense the storm has been more severe in our vicinity, the favorite here, and has proved a great card to the , poe nails will not be deranged more than they are at on the occasion sa anusual array of ne preeent manager. He appears this evening in his popular ; a He a — extravaganzas, and in connection with the highly Tue Govervon Gunerat of Cancda atili conti (x9- We again return our thanks to Pomeroy & successful dramas of the. Six Degrees of Crime,” nies in @ very precarious state. Very ttle hone is | Co, for Albany papers in advance of the mail; and 7 and the “Muleteer of Palermo,” will doubtless catertained of his recovery, draw a {ull house, aleo to Adams & Co. for castern papers, Icannot, of course, recollect all the conversations me. Mr. Spencer was not disposed to be very com- Q.—Did he tell you when he first broached his : 0 use my best dis- cretion, and I did 80 ; 1 obeyed the orders ; I inquir- tty officers so as to find out the state of the vessel, I also show’d Q.— You say that on the 30th of November, the e pre- sence of Mr. Delande, did you ask him any ees. don’t recollect, except that he read the im her far his conspiracy extended to the names Here the witness went over the conversation be- tween Cromwell and Capt. McKenzie, when the In reply to another question, the witneos stated that A.—His conversation about Cromwell led me to the plot, if there was a plot atall. Small’s manner Q.—Did you at any time tell Small he had better Cromwell was confined for, and said he was inno- A.—I’m not certain if it was the next morning or tanocent “he ought to have thought of that before.” By that he meant, {that Cromwell ought to have thought of .—Did Spencer ask for the forgiveness of Crem- fore the Captain gave it me on the starboard side of me he intended to address ; ‘Court. Before Judge Oakley. Tue Gaeat Lisrenane Wii, Case. xPLaNaToRY Remanxs.—In 1908, Anthony ied, unmarried, intestate, and without issue, ently his sister Alice succeeded to one fourth or one-sixteenth of the estate whereef her father died seized and »Which is very valuable. Those of the heirs at law of Alice who op) the admis. sion of her will to probate, insisted that at no period of her life had she sufficient mind and understanding to entitle her to make a legal disposition of her property. ‘She died in 1836, and in March following the executor applied to James Cam) Esq., then Surrogate of the ro ity of New York, for probate of the will. The next of kin and the heirs at law of Alice were duly cited, and proofs were taken in support of, and in opposition to the application. On the 26th July, 1888, the Surrogate made a decree re fusing to admit the will to probate. Whereupon, Ro’ ert Stewart, executor of the last will and testament of Alexan- der L. Stewart, (the latter having died during ‘he penden- cy of the proceedings before the Surroga te) ah ted from the decree to the Hon. Ogden Edwards, Circuit Judge ofthe First Circuit, who, on the 24th August, 1839, affirmed the decree of the Suriogate—which decision was confirmed by the Chancellor on the 17th June, 1841, after au appeal to him from the Circuit Judge. ‘The executor, Robert Stewart, then appealed to the Supreme Court for the Correction of Errors, To the clear understanding of the whole subject matter and conseq' of his estate, in question, it is necessary to state, that after the death of Anthony Lispenard, Jr., by which Alice became entitled to one-sixteenth part of the estate of her father, she, by formal deeds, bearing date 6th January, 1803, conveyed to her brother Leonard, and to her sister Sarah, the wife of A.L Stewart, all the estate, real and personal, so acquired by her upon the death of her brother Anthony, in consid- eration of an annuity of $1000, half of which was secured by the bond of her brother Leonard, and the other half by the bond of her brotherin law. In 1915 Robert M. L ingston and wife, (the orphan grand-daughter of Mr. L. tent) being, dialed with the conveyances thus made on the by Alice in 1808, threatened some legal proceedit ground of thealleged lilocy of Alice, and: to quiet ruoh proceedings, the sum of $10,000 was given to them by the parties to whom the conveyances were executed,and they on their part, released to Leonard Lispenard and to Stewart the landsAlice beeame seized of on the death of her brother Anthony, and all the interest which they then had, or might hereafter have, in the personal estate which Alice acquired on the happening of that event, and which, by the deed of 1808, she had conveyed to her brother Leonard, and her sister Sarah. {AU these wills and conveyances were produced and rei in Court : In the decision given by the Surrogate, he says, in re- lation to these annuity bonds, “The judgment thet Mr. Lispenard had pronounced in his will respecting his daughter Alice's incapacity to manage and take care of property was most amply confirmed. ‘hat the considera- tion to be paid was notoriously inalequate, no bet. ter evidence is —— than the fact that when the trans- by Mr. Montgomery Li- vingston and his wife, the sum of $10,000 was paid to them of compromise; but admitting that the considera- id was sutticient, was it right or fair in the grantees ‘ate their more irvnsl Lispe- ye ‘, neg 7 bonds were consequently lost, and there would be nothing surprising or extraordinary if a like misfortune had befallen Mr. action was impeached in 1815, by wa tion to give in payment of real bonds, without any other security? Mr. Leon nard failed a few years afterw Stewart.” In the Supreme Court, when the question was at e In the affirmative, Senators Dickinson, Furman, Hop- kins, Humphrey, Hunt, H. A. Livingston, Peck,’ Platt, “ Shall this decree be reversed?” the members of Court divided as follows:— Root, Scott, Verplanck, and Works—12. In ‘the negative—Senators Clark, Ely, Hull, Hunter, Johnson and Nicholas—6. Evidence to prove the genealogy of the plaintiffe:— Mr. J.B. SatrentHwaite sworn—I knew Theophilact ard when in Canada; he had three children who survived him, viz. Sophia, Julia, and Esther, the plaintifa in this case; the youngest &}, years of age. hese children Bache Lis Theophilact B. Lispenard died in 1834. came to New York about 1837. ae, here rested. rr. are aliens. Thenon-suit was denied. Gen. Sanprorp then read the eonveyance to Sarah, the wife of Alexander L. Stewart, of her right and title to the estote of Authony Lispenard deceased, in consideration of im during her life. locuments the plaintiffscould inherit from ponard. ‘This again threw the case upon the proseention Mr. O’Coxen then read the conveyance of the person- al propertyrof Alice Lispevard to Mrs. Sarah, (wife of Alexander L. Stewart,) and Leonard L' ard. He next read a like conveyance of realestate to, and by the witnesses same parties. He then introduced the followin, to prove the character, imbecility and idiocy of Alice. rs. SatrentHwaiTe—Knew Alice Lispenard ver, well, from her infanc swered in mono: was spoken to, could scarcely und went out alone, nor at ind what she di. and to put other members of Anthony’s jonentity ; I never saw her do anythi ge round and do thet, and you cou! went her ; 81 was exceedingly ircascible,and at triffes; she had aremark. able mouth, it was watery, and she had an idiotic appear- in her latter years, I saw her often enough to see ance; that there was no change in her- Mrs. Harniet Lee Fri Lawrence street ; my mother’ not living ; T knew Alice Lispen age er capacity and xs. Bur’ Alice, from t! ‘woman grown; I am 52 ycars ol father’s, on the hill. This witness also confirmed plaintiff's position Mrs. Mary Bieecxea—I knew Alice from a ch: iocy. king her 66 years of age.] She confirm irs. Gray sworn and examined. Barrow street; I am da Alice boarded with my mother from 1817 to 1828; my mo- ther then resided in Grand street, between Mercer and Green; she moved from there to Herring street (now Bleecker street), next to Charles street, next to Lawrens street, next to Spring street; next to Nicholas William st. next to Weoster street, next to Bushwick, very silly. tpell, and alao the Lord's pra er. 8) when I would tell her one spell “baker,” as b-a-k-e-r, l saying the letters, and repeating them taught her the Lord's out of doors, by direc enough to keep out of the way of carriages, or to kee from getting run over; my mother always had to wes her, dress her, comb her hair, put her stockings on, and put on her cap; I pulled out a number of her teeth for fear that she would swallow them—they became loose. Witttam B. ark ; keep arefectory ; I knew Anthony Lispenard and was in his service for the last ten years of bis life ; it was at the homestead on the hill ; | wasa general servant in thefamily ; 1 was in the family at his death ; and four or five years afterwards, with his son Leonard ; I know El- sie ; she was 10 or 12 years of age, when I first knew her; she was like a child 6 or8 years old ; I could hold nocon- versation with her ; she would seldom anawer tothe,pur- pose ; Ihave seen her choose a sixpence te a dollar fre. quently, when the two were placed before her for her choice ; she thought the sixpence the prettiest , she did not a conscious at all when her father or her mo. ther died ; she did not appear to mind it at alll, or to know anything abont it; she ate till they told her to stop, and T have frequently taken her from the table. I never heard her ask at table for any particular thing ; she would cry for any thi wanted. ined by Gen. Saxprorp—I am about 68y ears age ; I have seen Aliee the worse for lr I kept the keys and had sole charge of the liquors ; | told Mr. Mont- gomery Livingston, many years ago that Alice was a fool; know’d she was a fool ; she had no memory ; she woul sit in the window looking out day in and day out, with one rr in her moath, and the slobber running down to her wi lirect—1 was for six years steward of the Great Bri- tain, in the employ of Hicks, Lawrence & Co. ; on one oc- casion Mr. Stewart sent for me ; I went to his house to see him about Miss Alice’s property ; he wanted me to appear in evidence for him ; there, was something suspicious about it ; ia the certain 8 al id I did not like the things ; I thought there eavesdropping ; I told him I should appear for Mrs. Sarah Bache Lineaticas their childre: were as near (o me as Mr. Stewarts. [This witness appeared to be &. very shrewd, eficula ting, intelligent fellow. He has owned much property. and we believe does so still.) Wrtam Bro a —| reside at 315 Phew pe street ; am an iron founder ; I knew Alice Lispenard from May 1813to 1414, when we both boarded at Mrs. Freeman’s. She had very littleeapacity. Ls Henny B. Tayioa.—I merly asailor ; Iknow A ihe lived with my mother. When asked how Alico ate, he said she would sit at tne table and shovel im the victuals as fast as she could, and would often have to be stopped, for fear that she would elf 1 hare known her ery for candy like a by. She always preferred a penny to a Nar. mipt.—T am w nor took any notice of her. My father stick at her, and Alice would draw back andsay don’t cousin. He did it in sport. I never heard Alice say any thing more than the words“ don’t cousin,” and these very indistinct. Mrs. Catnanine Hunt.—I live in Spring streot. My husband’s name was Potts; kept a granary. | oftensaw Alice, She was very stupid. OG It isnot easy to describe the romantic interest with which people look at the Indian Chiefs and Squaws, at the American Museum, particularly the old renowned Sac War Chief, his lovely daughter Do-hum-me, and bis noble sen-in-law Cow-hick-kee. In their war danch, and walking about the Museum, they are objects of euch intense curiosity, that the wonders and performances of thisestablishment, brilliant as they are, are almost loxt sight of, The Indians appear at the two day perform. ances, at 2 and 7} o'clock. Bankrupt List, SOUTHERN DISTRICT OF NEW YORK. Charles C. Carpender, locksmith, New York. jiv- cog moved for anonsuit on the gronnd that they willot Alice Lispenard, and denied that She testified to the great imbeci- lity of Alice ; her inability to read, sew, &c. &c., when she ables, aud you She never ll. Mr. Lispenard held the very first rank in society, and his family mingled in the same; Alice always had one to dress her, undress her, wash her, her to bed ; I never saw Alice at church. The ly did go to church con- father was not a church-going man ; I never play ; shs did not appear to know aything A inj the family but shut the windows at night ; she would always id not pret e KMAN, sworn—I reside at 183 name was Lavinia Hewitt; ard ; Lam 49 years , and first Knew Alice when I was about 10 yearso! my mother lived with Mr. Lispenard as house-Icoep- about eight years ; Ithink Alice was a silly woman — an idiot, and was always considered so by the family. Mrs. Freeman’s testimony corroborated the general views sct forth by the plaintiffs in reletion to Alice’s imbecility, in- —I reside 112 Greenwich lane, 1 know ime she was 10 yearsof age. Alice was a J; Alice was living at her ;lam between 50 and 60; I considered Alice an idiot. On crose examination Mrs Bleecker said she was born in 1777 [ma. pinkie points. reside at 109 hter of Mrs. Taylor ; L. 1; Alice lived with her at all those places; Alice’s appearance was Witnoss tried, without suscess to teach her to could, sometimes, after the other, be able to. Alice after me; I don't think it posible to have yer; she was never allowed to go n of Mr. Stewart; she hadn't sense jaLDwin, Colored, sworn—l reside at New- ‘Wasuinetox, Monpay Nicut, _ Feb. 13, 4 Message from the President relative tothe Finances — Two Scenes in the House — Bankrupt Law in the Senate—Hemp, dic. We had quite an exciting time in the House to- day. We had a message from the President on the State of the Treasury, and a flare up between Wise and Fillmore, and almost a fight between Gene- ral Dawson and Giddings. But perhaps I had betterproceed in order. In THE Senate, after the presentation of several memorials, &c. Mr. Youna brought up the question of the report of the Bankrupt Law. He said he should to-morrow move to take it up. His State had instructed him 60 to do, and several other States had similarly instructed other Senators. Mr. Berrien wanted more time There were many important amendments to the Bill to be con- sidered. He would name a day to-morrow, when itshould be taken up. _ é $ Mr. Younc—I am satisfied with that, Sir. Mr. Bucuanan—A great many memorials have been sentto. me on the subject. The anxious to have the law repealed, and day to be named for its consideration. t. BenTon introduced a resolution calling on ublic seem I wish an the President fora copy of the instructions he gave to Mr. Webster previous to the negotiation of the Ashburton Treaty. This was laid over. The resolutions of Mr McDurrte then came up, relative to the tariff, the expenditures of Senn ment, &c. together with the substitute of Mr.Evans. [His resolutions declare the duty of Congress to take measures for the speedy relief of our crippled eommerce, our exhausted ‘ rest of the frightful accumulation of the debts ; presses the example of the British ment in the partial adopt: trade, &c. &ce Mr. Eva treasury, and for the ar- uublic arlia- the principles of free ubstitute proposes as a remedy for our financial embarrassments the es- tablishment of a sound, and uniform currency and a proper retrenchment; disapproves the failure of the States to meet their liabilities, and utterly con- demns the doctrine of repudiation, &c. &c.] tute the majorit for existing evil difficulties. political parties. favored a United Banks, &ec He present troubles. great stances. In sary provision for wai not his political morality. He held that every indi- vidual is under the solemn obligation to use every means in his power to relieve the pone from its ‘What was our situation ? We ed to the world a most unexampled s a the most unbounded resources, a fertile soil, and ev- ery blessing that God can confer on a people, we find the country in a state of the greatest embarrassment. Under these circumstances, were we to stand still and deal in mutual recriminations as to the authors of. these difficnities? Can we soothe our con- sciences by exclaiming with Macbeth, when the genius of ourcountry rises befere us, “Thou can’st not say ; Never shake thy gory locks at me!” No, itis time that every one who desires the pros- perity of the Sens i shoulder to the wheel. enter into the discussion of the cause of the exist- ing evils, so far as relates to one or the other of the Mr. McDurrte said that he had laid these reso- lutions before the Senate of his own accord, and without consultati He was aware th: resolutions of this kind would come more @ppropri- ately from another quarter—that those who coneti- person.— or advice with ony no some that at it was the opinion of longress, are solel; onsible are bound to make all neces- alleviation. But that was ig ectacle; with I did it ; should resolutely apply his He should not) end to He would barely remark, as a warning to all parties, that he considered both as in seme measnre responsible for these evils. Mr McD. here went into a history af the financial op+- rations of the government since the commence. ment of his political life,the reasons why he had States Bank, and condemned State deprecated the expansion of the currency as caused by the removal of the deposites to Siate Banks, and as is again proposed to aliay our He urged that no such measure ought to be adopted, but the people ought to be left to themselves, and they would naturally find a cure in rigid retrenchment andeconomy. Hedenounced the present tariff as odious and unjust, tending to benefit the North, and injure the South; and a vo. cated its modification to a regular standard of duties averaging about 20 percent. We had long been as- sisting manufactures at the expense of commerce— crippling and destroying that great suurce of reve- nue, for the sake of forded us nobenefit. } e' the protective system, in all cander, what claim can the manufacturers of the Mnited States have to this protection? Why should we destroy the commerce to sustain the manufactures? Has this government ever derived a solitary 0 Does this domestic industry contribute a single dol- lar for its support? And will you destroy the great branch of national power for its sake? Why, sir, a blacker instance of monstrous ingratitude can hardly be found. It is a combination of base ingra- titude and monstrous injustice. advantages which I val have over us in the low priee of provisions and la- bor, and earnestly hoped that we should ney able to compete with them under the sawe circum- building up another whick af- Now, he asked the friends of vent from manufactures? He alluded to the Euglish manufacturers never be The question was, at the request of Mr. Evans, put over till to-morrow, and after some private busi- ness, the Senate adjourned. the House, Mr. Moors moved to take up Gen. Jackson’s fine in Committee of the Whole. Mr. Reep—I wish to have the petitions presented from the several States 3 : Mr. Cusuinc—Is not the resolution relative to commercial recip! Srgaxcr—It 1s; and can only be laid aside general consent. Mr. Regp—I gy I wish to be hea This was done. Laughter, and cries ot “‘order, Mr. Horxins—There are several from the Senate. al from the decision of the chair. at least once during thes ession. fe, on, no, order.” : bills on the tabie I wish them read and referred. The resolution, which has passed the Senate, relative to employing hemp in Kentucky and have already published it. r The next question that came up was the Bill from the Senate to pay $7,965 25 to the owners of the slaves lost some years since on board of the Comet and Encomium at Nassau, New Provi- nts to buy water-rotte: issouri was passed. You dence. The British government has already paid the money to this government, and I only mention the matter on account of the scene it produced. The billhad previously passed the House, and came from the Senate with a very slight amendment. Mr. Stanty—This Bill, sir, is merely ta pay over some money now in th ie Treasury to those to whom it belongs. I therefore move the previous question. .Mr. Givpines —If the gentleman will withdraw his motion, I'll renew it. F Sranty—No, Sir; it would only give rise to need- eas discussion. A Voice—Don’t let the old abolitionist waste the time of the House. ‘ AvotikR—Hold on to it,” pte A Grppinas—I appeal to the gentleman as a man of honor.—(Great_ noise and confusion.) Srantx—God forbid, sir, that] shoud live to see the day when that gentleman shall be a judge of what is honorable. ‘The previous question was seconded. Gippines—I call the ayes and nays. Cries of “ Vote This was voted it down.” down. The main question was put. Gippines—I call the ayes and nays. ‘This was also voted down. Gippines—I move to | This was also ic amendment concurred in, and the bill Gippinas—Is it in orde sider? ny it on the table, sir. voted down, and the Senate’s passed. r, sir, tomove te recon- Srgaxer—Did you vote in the affirmative ? Gippines—I dit Speaxer—Yes. , sir. Gippinas—I move to reconsider the vote. In pase- ing this measure Congress ‘ia only assieting slave breeders, and those who steal and trade inslaves, in their nefarious traffic; and the money for these slaves was obtained (rom Great Britain by fraud. Here there was greatnoise and excitement, and scarce a word could be heard, A Memoer, (near him.)—Sit down, Giddings, for God’s sake ; you'll do no good by this violence, Axornen Mewaer (in an under tone)—The d=d old abolition scoundrel! he’s been kicked out once, ane we'll kick him out again. Grppines (excited)—Sir, I mean to speak out my sentiments, if God gives me strength, against these slave breeders, and dealers in this corruy Here the excitement was tremendous, and scarce a word could be heard. Mr. Cusnina said Mr. Giddings had but one idea, and did not understand thi: subject. Itwas merely to pay to certain of our citizens m hat Great Brteta had sent them. ees ae oe Wauter and Staniy both made some remarks, which could not be heard in the confusion. Arnotp—I move to la (Cries of on the table, no.” the motion to re-consider “Good, Arnold”—" No, Trek on Four Mempers.— Withdraw that, Ar- sold. Arxotn—No, sir; it Ido, there are twenty met ers want io sneak, and it will lead to a long de- bate. Apams—I am one of the twenty, sir; I strongly de- sire to speak Great noise and excitement, and cries of “ previ- ous question.” This was put. In the mean time, General Dawson, of Lousiana, imanly mon ls the amiable, t and gentle. shad gone down to cen- city the special order for today. 'y a me De app, who isa thin, weakly man, hs about half as much as Giddicgs, put hand against Giddinge’s back, and pusbed him out of hi 'Y, and passed onto his seat. Gippin urning round)—Mr Dawson— Gen. Dawson—(turning back )—Well, sir. Gippines—Did you mean ae unkinkly’ 7 id. Dawson—I did, sir, Grppines—As a ton insult Dawson—Yes, sir, I did—I did! Gippines— Well, we of the North, have a way to answer those insults, by appealing ‘to public senti- ment. : Gen. Dawson—(sneeringly and goal) — Yew can have what remedy you please. (And he then pass- ed out into the lobby and waited.) The ayes and noes were counted. Ayes. Noes. 140, 138. So Giddings’s motior to reconsider, was laid on the table. . Grprinas then rose and said, he had a question of privilege. He then told what passed between him and Gen. Dawson. He added; “I feel fo personal anxiety abou ir; but I wish to know if members are to be intimidated from expressing their honest sentiments on this floor. I fear not for my personal bia a only ask the Honse to protect its own jignity.”” peta did not see the occurrence ; therefore, I presume it was very slight; or I should certainly have prevented it. Catuoun, of Mass wished the manual read (Sutherland’s) which relates to such affairs. i We Sir, in all good temper, I would say, that often ts gentlemen out of the way in the aisle; jeman from Louisiana has left the House— is more kind and courteous in his bearing thatgentleman, The affair was so slight that we who sat close by, even, did not see it; there are but afew days left of the session, when most of us part, perhaps forever. We cannot examine this matter, without bringing up & most exciting subject, that of abolition. Let the matter go, then, sir; let it rest. . Cries of “ohyes, certainly.” _ Gippinas.—Ileave itto be decided by the House. een ae ‘was but a very gentle push, after all. Wise.—The gentleman will not say he has re- ceived the slightest hurt, I am sure. Mr. Apams.—I. panes, sir, it was not a threat that he would cutthe throat of the gentleman from ear to ear? -Order. The House will come to or- There is no motion before the House. So the subject was dropped. 7 bie reciprocity question was postponed till Wed- nesday. ¢ : Wiss tried to get the House to go into Committee of the Whole to take up Cushing’s Exchequer. Ne- gatived—Ayes 79—Noes 98. d 3 The motion calling on the President for informa- tion relative to Jonathan Roberts was ream So was a similar One relative to Calvin Blythe, his predecessor [By the by, I may as well here state that the com- mittee in the Senate, in Executive Session, have re- ported against confirming Thomas H. Smith} The House then went into committee of the whole and took up the Army Bill, with the Senate’s amendments. The question came up on appropriat- ing $2000 for professor Espy’s meteorological obser- vations. § Mr. Situ of Va., opposed it. There wasno mo- ey in the Treasury. " Mr. Prorrrr supported it. Mr. Eepy was a very ane and his observations on meteorology were Invaluable. Mr. Pickens.—Mr. Speaker, I oppose the appro- vriation ; we have already too much wind in this ITouse. We have 242 professors of wind here alrea- dy, sir, and that’s quite enough.—(Laughter.) Mr. Houmes.—Sir, that’s the very reason why a ehall vote for it, sir; we have eo much wind in this house, sir, and it’s 80 badly regulated, that I go for a setentific professor to regulate it, sir—(Roars ef laughter.) A Memper.—Well, then, I shall go for a thunder and lightning bureau, and put at the head of it.—(Increased laughter.) ‘The appropriation was rejected—78 to 77. The following message was then received from the President :— Te the House of Representatives :— T herewith transmitto the House of Representatives a report madeto me on the 9th instant by the Seoretary of the Treasury, on the subject of the present and prospec- tive condition of the finances. You will perceive from it that even if the receipts from the various sources ot revenue for the current year shall rove nofto have been overrated, and the expenditures be restraired within the estimates, the Treasury will be exhausted before the close of the year, and that this will be the case, although beghne eet be given to the proper Department to re-issue ry notes. But the state of facts existing at the present moment cannot fail to awaker adoubt. whether the amount of the revenue for pective quarters of the year will amount to the ites, nor is it entirely certain that the res will be authorized. by Congress, may not exceed the aggregate sum which bas hitherto been assumed as the basis of the Treasury calculstions. Of all the duties of the Government, none is more sa- cred and imperative than that of making adequate and ample provision for fulfilling, with punctuality, its pecu- niary engagements and maintaining the public credit in- violate. Any failure in this st, not produced by un- foreseen causes, could net but be regarded by our com: mon constituents as & serious neglect of the public interests. 1 feel it, therefore, to be an indispensable obli- gation, while so much of the session yet remains unex- pired as to enable Congress to give io the subject the consideration which its great importance demands, most earnestly to call its attention to the oft making further provision for the public service of the year. The ore of taxation are Marly within the discretion of the Legislature, but it is the di of the Executive to keep Congress duly advised ef the state of the Treasury, and to admonish it of eny danger which there may be und to apprehend of a failure - a means of meeting the expenditures authorized yy law. T ought not, therefore, to dissemble my fears, that there willbe serious falling off in the Proceeds, both of the custems and the public lands. I Tegard the evilof disappointment in these as er too ~Sebeles tisked, if by any possibility, it may be entirely obviated. While Iam far from objecting under present circu: stances, to the recommendation of the Secretary, that a thority be ted him to re-issue tressury notes, as they shall leemed, and other suggestions whieh he has made uponthe subject ; yet it appears to me to be worthy of grave consideration, whether more permanent and cer- tain supplies ought not to be provided. The isewe of ono note in redem) of another is not the paymentofa debt ‘wnich can only be made, and must be made in the end, by some form of public taxation. Tecannot forbear to add, thet in @ country so fall of re- sources,ofsuch abundant means, if they be but judiciously called out, the revenuesof the Government, ite-credit, and its ability to fulfil all its obligations, ought not to be made dependent on temporary expedieats, or on calculations of an uncertain character. The public faith in this as in all things else ought to be Placed beyond question and beyond contingency. The necessity of further and full provi supply- ing the wants of the treasury, will be the more w1 Fess ea at its present session, should no facilitating the financial dperations of the Government, and improving the currency of the country. By the tid of wise end efficient measure of that kind, not only would the internal husiness and of thecountry be revived and invigorated, but important ad- ditions to the amount of revenue ei ee importations might also be confidently expected. Not only does the present condition of things in relation to currency and commercial exc! » produce severe and distressing embarrassment in the business and pursuits of individuals, but its obvious tendency is to create also a necessity for the imposition of new burdensof taxation, in order to se. cure the government and the country cpuaes discredit, from the failure of means to fulfil the public ements, JOHN TYLER. Wasninarton, Feb. 18, 1843. A letter was also read from the Secretary of the Treasury, estimating the receipts of this year at $14,000,000, or $15.000,000, and the expenses 000; also stating that there ,000,000 now in the Treasury, and there- fore that there will be a balance of about $400,000 in the Treasury next January :— ‘Taxasvny Deratment, Feb. 9, 1843. Sin:—Pursuant to your direction, I have thehonor to submit my view of the prospective condition of this De- partment for the current year:— ‘The balance in the Treasury on the 1st of January lert, appears as well as can be ascertained at this time to have been, $2,840,041 72 e estimated receipts during the bie. 1843, are as follows $5,000,000 Py aston. : $! peepee neous sources —-100,000 00 1 Treasury 4 693,309 96 At evatnattte ticks $20,498,358 36 regate of means, ‘ + $28,323,400 08 mite Sribate of expenditure during the year is as follows :— Civil and miscellane- ous, ‘ $4,445,122 00 Military services, &c. 9,296,493 00 Naval service, 7,801,223 00 Interest on Youn and sianebie ‘reasury notes, X " ——-——— $22,992,773 00; Estimated balance on st January, 1944, $800,627 08 It_will ba eeen that this estimatemakes no sion for theamounts which may be required to meet the appropri- ations for private bills, or other obje. te Leyond the official” estimates, nor for the redemption of Treasury notes, of which there are $11 063.977 69 outstznding and redeema- ble during the year 1848. Of there, whole exeept $2,402,300 66 carry imterest after matt and will not probably be presented tor redempti n. the sum of $2,402,890 56, on which the interest vearce alter the year’ ‘rom the date of isene, will require to be provided nd will not only absorb the balance of 627 08, but willl need a further suppl: vagig enpeaahine! millions to main- tain the public credit. I have proposed io the Finance Sea eet tae Ps ey and font,