The New York Herald Newspaper, March 20, 1843, Page 2

' 4a ALD. Super Berr’s Oris . 1 pterest is felt with regard to the opi- nto be delivered in the Cireuit Court this morn- y Judge Betts. That it will bean able opinion, d rable to the acknowledged legal ability of his distinguished Judge, no one can for a moment ioubt. The legal questions involved in the case, although of such deep interest, and presenting am- ple grounds of discussion, are yet easily expressed and understood. We may state the great point of controversy in a very few words. Had Congress the power, or have they attempted, in the organi- zation of the navy, to create a body, allegether dis- tinct and separate from the subjects ol the civil power, amenable only to the naval, code ? or do the individuals of whom the naval force is eom~ posed, retain all the liabilities and responsibilities of citizenship, with the added obligations and liabi- lities imposed by their official position? In other words, was the naval code meant to embrace only those offences which only the members of the naval foree could commit, such as breaches of discipline, and also such crimes as might be committed by them beyond the limits of the civil authority, and the immediate punishment of which was called for by aecessity, or was that code meant to embrace all crimes, of every description whatever, committed by persons belonging to the navy ? These are the questions on which Judge Betts is to pronounce. It is of course impossible to anuci- pate the judgment. We shall, if possible, give the opinion in our evening edition, but at all events, in to-morrow’s paper. Pourrica Movements.—Last week the whigs held their ward meetings preparatory to the charter elections—and on Wednesday evening (the night after to-morrow) the democratshold theirs for a like purpose. These meetings are of some importance—not alone in shaping the course of events towards the charter elections—but as affording an indication of future movements connected with the presidency. For it is very evident that the presidential question will mingle with every local election hereafter. At the whig ward meetings, therefore, there was only one sentiment in reference to the presidency, and that wasin favor of Henry Clay. For once in their lives, the whigs are united on that great statesman ; and if they do not succeed in 1844, they may give it up forever. But in avery different box are the democrats pla- 1 They have several candidates and some discordant views. Yet itis evident that Martin Van Buren and John ©. Calhoun are the most prominent ones, for Captain Tyler has received the fina! coup de grace in the great row in the Taberna- nacle, irom which he can hardly recover ; and even more so by the the ultra defeat of Isaac Hill’s Tyler movement ia New Hampshire. Ve may expect, therefore, that, at the ward meetingson Wednesday evening, opinions relative to Van Buren, Calhoun and Tyler, will be unhesitatingly expressed. In arleston, S. C., a large meeting has nominated houn—so also in Detroit, Michigan. If Mr. Cal- houn’s friends among the “‘ young democracie” of New York have any force at all, we presu ve they will show their hands at the primary meetings. We doubt whether Captain Tyler has much, and we should not be surprised to see his recent conduct di ce miable souls. pproved in mary respects. The politica! signs will be curious and important aboutthese days. Watch aud pray—then eat and drink—then upand ran. Don’t be fools. Arrest or Com. Pexry.—We are informed that Commodore M. C. Perry has been arrested at the suit of Eagene Sullivan, brought by Scoles & Coo- per as his attorneys, for a violation of the order of Judge Greenwood, in're-imprisoning Sullivan for the same alleged cause for which Judge Greenwoed had on habeas corpus directed him to be diseharged. For such a disobedience of a Judge’s order on habeas cor- pus, the offending party forfeits $1,250 to the person aggrieved; and is moreover deemed guilty of a mis- demeanor, and punishable by fine or imprisonment, or beth in the discretion of the Court. This is another circumstance in the centest be- tween the civil and military power. Loss or tat Concorp.—Additional particulars have been received of the loss of the sloop of war Concord. » Capt. Clark of the Maria Theresa, at Boston frem St. Helena, confirms the repert of the loss of this ship, in the Mozambique channel. He states that Capt. Boerum, Purser Hart, and a seaman were irowned November 21, by the upsetting of a boat, rossing the bar of the Zanzola River. The ollicers and crew arrived at Cape Town in a British vessel. The John Adams was at Cape Town, and from accounts received thence she, was daily ex- pected at St. Helena. Captain Boeram entered the service in 1811, and was much respected by all who knew bim. Parser Hart was a brother of Dr. Hart of this city. The seaman’s name is unknown as yet. ‘anatoca Dismastep.—We iat the U. 8, sloop of war Saratoga, which sailed from Portsmouth on Thurs- day, for New York, intending to join the African «uadron, dropped her anchor off Wallace’s Beach, | in Rye, in the gale of that nightand morning. They | were obliged to cut away her masts on Friday morning. An officer arrived in Boston on Saturday morning, for the purpose of getting a steamboat to tow her back to Portsmouth. The Express was sent to her assistance. Sinaine.—It will be perceived from a card in another column that Madame Sutton has opened private classes for fiaishing lessons in singing, at her residence. The distinguished attainments in musi- cal science, and the great voeal powers of this ac- complished artist are too well known and justly appreciated as to render any formal eulogy unneces- sary. Madame S. has had the fortune to enjoy the tuition of two of the mostcelebrated masters, and none can exce! her inthe rare talent of imparting a thorough knowledge of her divine art. and what mi the system A new, prove @ most attractive feature, in ted by Madame Sutton, is the selec- tion and arrangement of the studies for the pupils, which consist of beautiful airs frem the favorite Italian and French operas. New Hampsuine from 164 towas. tion.—We have returns They give the annexed result:— yler candidate White, mi atic Hubbard, Whig “Colby, Abolition “ Hoit, 2,358 Oi the Representatives chosen, 101 are democrats, 89 whigs, and 10 conservatives. The democrats in the House, last year, had a majority of about se- venty. The “ Tyler party” is advancing backwards. Navat.—U. S. ship Boston, Capt. J. S Long, from Macao, for Pacific, via New Holland, sailed from Angier Roads, Oct. 27—all well. Captain Ramsay, now in command of the sloop of war Van lalia, isshortly to be tried by a Court Martial at Norfolk. It will make no difference with his commaud, however, as the Vandalia will con- tnue uader his orders. tTHam THeatke.—Among the numerous and excellent melo-dramas continually produced at this theatre, none can exceed in powerful incident and dramatic effect those announced in the bill for this evening. “‘ Woman's Life,” a play of intense in- terest, presenting « faithful portraiture of the many trials which oftentimes beset the life of woman, is verfully cast, and po will be performed in a most pressive and effective manner by the entire strength of the company. This, with a superb ray o raciions, is sufficient to ensure an | Highly Interesting from the W Further Particulars cf the Awfal Karth- quake at Guadaloupe. ‘We have received a variety of letters, papers, and documents from various quarters, giving further pare ticulars of the recent awful earthquakes which have desolated Guadalouje and other French West In- | dia Islands. } The first of these letters is a communication from | M. De la Forest, French Consul ef New York, en- closing a letter from Guadaloupe, announcing the opening of the ports of that island for the importa- tion of certain articles specified. The others are | extracts and translations made from letters and newspapers from Guadaloupe, and co; ied from a New Haven paper, whose conductor received them from a mercantile house of that city. The particulars now‘turnished by these papers are of the most thrilling description. We have never heard or read of any thing so heart-rending—so dis- tressing—so overwhelming ; and we trust that mea- suresmay be taken at once in this city to make available the opening of the ports of these islands as indicated by the annexed correspondence : New Yorx, March 18, ‘843, Six :— 1 have the honor of add B youn copy of a letter, 1 received yesterday fromthe Com ire Général Or- donnateur de la Marine at Guadaloupe, sti inl events occasioned on that Island by the the sth of Febr last. You will find also herewith a printed ordonance, by the Governor, at Pointe-a-Petre, on the by which the harbors of said colony are open to the intro- duction of provisions (victuals) of all kind, and timber. Please, sir, give publication to these papers in your es- timable journal. Accept, sir, the assurance of my distinguished conside= ration, ng the aw. arthquake of s oi od 1th February, The Consul General of France, Officer of the Royal Order of the Legion of Honour, L. DE LA FOREST. Basse-Texae, 14 Février, 1843; Monsieur Le Consut Genenar:— Un violent tremblement de terre vient de ruiner la Guadeloupe. Villes et bourgs, maisons dhabitation et usines dans les campagnes, tout a éte détru cousse a’en lieu Je8 du présent mois de Février, res et demie du matin, et plus dune minute, An milieu de cette 1a Pointe a-Pitre, le si du commerce de la colonie, ville populeuse et sante, surtout lethédtre dan di Au tremblement de terre a snecédé Vincendie qui a achévé de tout anéantir, qui a fait périr sous les décombres, sans qu’il restét aucun moyen de leur porter secours, part des malheureux qui pouvaient avoir su Premier e pasa meins de 4 abmille ames le no ictimes, C’est une infortune immense et qui appelle tous les ‘se- cours du dehors. Mr. le Gouverneur, qui s’est rendu sur les ruines ala premiere nonvelle de ce funeste evi- nement, a pris un arrété pour Vouverture des ports de la colonie. J’ai Yhonnewr de vous en adresser,par Ses ordres, quelques exemplaires, en vous priant de le mettre a la co: naissance du commerce dans |'étendue de votre consu’ de le faire publierdansles journaux du ressort. Des v: vres et des bois de construction sont ici de premitre no. cessité, et on est assuré den trouver le placement. Agréez je vous prie, Monsieur le Consul Général, Das. surance de ma haute considération, Le Commissaire Gri, Ordonnateur, (Signe) PARISET. [From the Courier de la Martinique, of # eb. 14, 1843.) My pen trembles—my thoughts are confounded— Tam thunderstruck !—T_ know not where to com- mence the recital of this everwhelming calamity. Sth of February !—O day for ever celebrated in the annals of humanity !—Day forever execrated !—Day that willlive in the memory of man as one of those that witnessed the accomplishment of one of the most dreadful decrees of Providence ! It was on the 8th of February, at 35 minutes past 19 o’clock in the morning, that a violent and pro- tracted shock of an earthquake was felt at St. Pierre. I cannot tell you the terror that seized on the inhabitants. When recovered ftom this fear, the thought immediately turned on the fate of Fort Royal. With what anxiety they were expecting the boat that would bring to usthe news of the destruc- tion of our capital. At last, towards three in the afternoon, we were relieved. Fort Royal had been spared. The hand of God had abandoned this spo: to allthe heavier in other places. The danger over, life had returned its wonted course, except an_in- voluntary terror which reigned every where. The shock had been se long that they feared to cee it re- newed, and the sad remembrance of the Ith of January established but too much such fears. The nextday, about two in the afternoon, a boat that had arrived almost unperceived, brought a letter, one single letter, from Basseterre, which announced that Point a Petre wasno more! T forbear to describe the awful impression of this terrible information. The catastrophe appeared so appalling, thatthey doubted it. Yet, the letter was there ; every body could read the tacts. We enter- tained the most lively fears for the fate of Point a Petre, when a schooner arrived this evening, con- firming the total destruction of that city. Nothing official, however, had arrived as yet, and the cap- tain, in consequence of orders received, gave no de- tails; he knew nothing, hid heard nothing. The boat had been sent on a speculation! Can you un- derstand that a man in such a moment, in presence of such an event, could employ the faculties of his mind in the combinations of a commercial opera- tion, whose success is based on the total destruction ofa ci This is too awful; no word exists that can qualify such baseness. Let the report be true or false, we did not wait for its confirmation to prepare the succors. By a spontaneous movement a subscription list is opened atthe Exchange, and is in a moment covered with names, and M. Dulieu, mayor of the city, whose conduct deserves the greatest praise. can hardly re- ceive all the donations that crowd on_ him from all sides. Immediately the place Bertin is crowded by the population; the whole city, old and young, rich and poor, every one, bringshis mite. A sublime and spontaneous feeling that a unanimous sentiment had brought forth! Generous devetion of a people that forgets its own misfortunes in order only to succor those whose misfortunes are greater still ! Yet it was a most beautiful’spectacle to see in this multitude some noble hearts who, in this solemn moment, forgetting their own wretchedness, wished also to contribute to relieve a misery deeper than their own! If we wish to relate here all we have blime devotion, this article would not suf- ice. ind anything more touching than the gift of a poor black fellow who brings his 25 cent piece, and begs they should return him two cents to buy him some flour; and of that poor negress who brings two bundles of sugar canes, for she has no money to give; and the old woman who offers two shifts to make lint, she says, forthe wounded! Are you not | moved in seeing such sights? What, compared with this modest offering, is the splendid gift of that man who brings handluls of gold, which he does not need? Find ia the whole world a population that will fur- nish the example of such generosity. It was necessary, however, to provide for the most urgent wants of the unfortunates which the scourge had spared. Provisions are bought and given, boats are offered to carry them. The news had been known at three only, and at five adirst convoy otf four boats was setting sail for Point A Petre, loaded with provisions of all kinds, and linen and medicine. A young doctor, as distinguished for his learning as | his philanthrophy, listening only to the voice of his heart, abandons his patients, his family, his friends, and embarks for Pointa Petre, where he thinks his aid will be as useful as the provisions. Mr. Boulin who has already received a baptism of fire, and whose arm bears the mark of anoble wound, goes also again to expose himsel{ to the horrors of a city that breeds pestilence. He fears nothing—he staris | instantly. A sublime self abnegation, whose re- ward 1s in its own satistacticn However, nothing appeared; our eyes, continu- ally turned to the Point of the Preacher, were anx- | Jous to pierce through the expanse of the horizon.— Impatience was at its height. This silence presaged nothing good. The sea showed nothing afar offbut the vast mirror of its dazzling azure. All wascalm; our hearts alone were agitated with a sinister pre- sentiment. ‘The whole of Friday passed in a fright- ful doubt. Nothing had been seen! The offerings still poured in. The same eagerness, the same ge- nerosity. Zeal redoubled as uneasiness increased! The gevernment had received no official report. All had been active after the letter received at Basse Terre. Atlast, on Saturday morning, the telegraph reported the Mouche, the colors at half mast. Ne more doubt, * * ‘The disaster must have been tremendous! The whole population rushed to the Place Bertin. They were numbering the strokes of the canoes that were returning from the vessel. The people, on disembarking, were surrounded and al- most suffocated in re‘ating the details. The catas- trophe was awful, The city of Point A Petre was nothing more than a heap of ruins! and to increase the calamity, the fire, as if jealous to see the work 0} destruction accomplished without its intervention, was raging among the crumbling houses, the stones that smashed the wounded. Any thing that imagi- nation could conceive the most dreadful, could not approach the reality. The letters received contain- edfrighttal accounts. The Pointe is nothing now but a cemetery, whence exhale groans issuing from under the rubbish. Every thing is @erturned—all are destroyed, annihilated There was in Saint Pierre but one > Justice, and the city who had disavowed her God, and had caused the blood of the just man to flow, could redeem herself by her submission ; but here, oh, God! neither submission nor repentance could save her; her hour was marked on the clock of eternity, and her doom must be accomplished! Immediately zeal redoubles; persons run. from door to door to ask for clothing ;—the daily labors are abandoned ;—the chest of the rich, the trunks of the poor, are emptied ; and each one hurries to give all the linen he can spare. This is not all; in every house you may gee the women, the children, occupied in preparing lint. The exchange soon presents the same spectacle. Every where.activity and labor prevails. Theyfear to lose te. They would ie that for each moment lost it is a wound- ed man that utters his last groan. However, the Mouche ia only confirmed the news; the principal details were wanted. Her mission called her to Fort Royal. But some vee sels arriving to-day from those places of desolation haye told us allt We kiiow but too much! !' Oer pen refuses to trace the picture of that de- struction of a city, in which not a house is standing, not one !****and which the fire continues to con- sume. The few wooden houses which the scourge had spared are a prey to the flames, which have made as many or more victims than the earthquake itself. Unfortunate people, who found themselves buried under the ruins, not being able to extricate themselves from the vast heaps of rubbish, reached by the fire, saw every chance of rescue vanish. The young girls, old men, women, half bruised between blocks of walls, demanded sticcors which were im- possible ; for the fire, advancing hike a raging sea, rapidly engulphed them. The violence of the ele- ment frightened those whose courage and devoted- ness prompted them to brave all to snatch these un- fertunatestrom their horrible death. 5 Saturday evening the city was still but.a burning furnace !!!! Finally, to terminate their sad reci- tals, here is a letter written upon the ruins of Point a Petre to Mr. Braffin, a merchant of our city. It says more than we can express, all possible narra- tions. “Thave received your letter. Thanks for this remembrance. Iam well. Allis ruined or lost ;— all! all!!! This evening we employ the artillery to finish throwing down the walls in ordet to save the laborers from their probable crumbling —Since last night we can no longer take the dead bodies away. There are too many. Yours, February 11th, 1843. P. 8. Write to my wife.” Three things alone aré peering over this yast ne- cropolis, The front of the crumbling church is there standing, with the face. of its clock still uninjured, the hands of which point out thirty-five minutes past ten, the hour in which was accomplished the ruin of a ay the annihilation of a whole popula- tion The hour of eternity had struck, and ina shorter time than had been necessary perhaps for the hammer to rise and fall, the =i of destruc- tion was accomplished. The :ilence of death had succeeded the tumultuous noise of life. The poor and the ich, the free and the slave, Were lying in the same shroud of stone, and the reddish glare of the He was lighting the funeral pyre of that annihi- lated people. Asa.pendantto this sad spectacle, upon a part of a wall of a house half fallen, a pic- ture was preserved, as by a miracie—a picture of the ruins of Babylon. A singular coincidence—the traditions of the past, wita the reality of the present; the picture of human devastation, in presence of the divine destruction. And farther along, Hpamine G8 this scene of desolation, the portrait of the king alone, preserved by a strange fatality, seemed to prontiee protection and succor to those who have had the good fortune to escape the disaster. Yes, sire ! you will come to the aid of that population without an asylum—rich yesterday, and to-day ru- ined, without bread, without clothing. Sire, God has preserved your image here, as he Fas preserved your days elsewhere, so that you may send succor to a whole people, as you have brought a remedy to the evils of our couxtry ; for God, in his terrible justice, has wished to leave to you the noble mis- sion to relieve so great a misfortune, and your pic- ture, preserved in the midst of this tighiiel catas- trophe, was there to wara the unfortunatesthat they had not lost their all—that they still had a father. Herel stop. Itis still under the deep impression of all those dreadful recitals of calcined bedies, drawn from under the ruins still smoking three days after the event; of unfortunate people whose voices ate begging for succor that no human power could bring to them, that I write these lines. Pressed to give these details, I do not know how my pen runs. Here is no pretension to the elegance of style; there are still so many things to be said. Must we speak of the admirable conduct of Mr. Barmont, in the midst of this population, without asylum, and dying from starvation; must we show you some wretch sucking a piece of a sugar cane to allay his thirst! Shall I retrace the picture of that deputation of Point Petre, coming to meet that of St. Pierre, the Mayor covered with a_sailor’s jacket, and in the middle of all this the Gevernor in tears, a to impart to everybodyte reetgantiga whtctr he hiielt probably had not; so much he felt the enormity of the evil, and the impossibility of repairing so great a disaster. Ishall say aothing eitaer of Rear Admiral De Moges, whose destiny seems to be to carry help to great misfortunes A singular casualty! This same man, who, four years ago, was present at the destruction of the capital of the island of which he was the governor, annihilated by an earthquake, is called en to-day to bring help to another city, overthrown likewise by the same scourge! I can- not describe such scenes.—These are only the prin- cipal facts that I give you here. Time presses. Another may write a longer article. L. B. BertHEMET. Procramation or rae Governor or Mantisique. Crtizens or Mantinique,— The earthquake of the Sthof February has laid Point Petre in ruins, and such as remain of its unfortunate inhabitants, are without bread and without shelter. We thank Providence that we are permitted to send them help in this awful calamity. On the receipt of the news of this distressing event, the inhabi‘ants of Port Reyel and other villages, repaired to the spot with food and clothing. ‘The nights of the 9th and 10th were passed in loading the steam frigate Gomer with provisions and other ne- cessaries belonging to the government, and she was im- mediately dispatched in aid of the distressed. A subserip- tion is now opened for ve sufferers, and all receipts will be placed in the hands of M. Liot, Treasurer. Done at Fort Royal, Feb. 11th, 1843. DU VALDAILLY, Governor of Martinique. Tuts Eveninc.—Great doings this evening. First and foremost is that Clay ball at Washington Hall. It is given by the Third Ward Democratic Clay Club, and will be asplendid affair. We advise all the young locofocos to attend it; but they must waeh their faces, comb their hair, and brush their boots. These political balls constitute a new feature in the system of electioneering. The tactics are new, and must be understood before they can be suecess- fully encountered. The locofocos must therefore attend, , and get instruetions. It may’ be easy enough to cope with coons; but when the contest is with the ladies, a logs of liberty and bondage for life may be the consequence. Next is the concert of Mrs. Edward Loder, at the Apollo. Itisher first in this country. Then we have Haydn’s grand Oratorio of the Creation, at the Tabernacle, by the New York Sacred Music Society. Last, though not least, is the tail of our comet, in the Southwestern Theatres, up among the stars ef heaven. ‘These constitute amusements enough in all con- science for one evening. Mr. Barnum, however, thinks otherwise, and brings out a new star, in the person of Mary Darling, who has just arrived on the Jast beam of light from the new comet. We have always supposed that the beautiful exhibition of magical illusions might be carried to a much high- er pitch of perfection than it has yet been in this country; und the importation of a foreign star in this line, by the proprietor of the American Museum, indicates that we are to have this devoutly wished for consummation. Mary Darling, direct from the comet, appears this evening, with a very high reputation to sustain, and a strong curiosity to gratify. A Chinese juggler will also give us a touch- of the antipodes. Important From Nicaracua.—We learn by the Prompt, at Boston, from San Juan, whence she sailed on the 20th ult., that the authorities of Nica- ragua betray a decided aversion to American and British merchants, and lose no opportunity of placing embarrassments in the way of landing and receiving cargoes. Send a sloop of war there with plenty of powder and shot, and their aversion will exhibit adifferent aspect. xs Tue Srorm.—The storm of Thursday was really terrible in its effects. It not only completely disar- ranged the mails, but caused the loss of much life re cry of desola- tion. Terror and consternation were depicted on all faces. Ail those who had an acquaintance, a friend a relation, in the unhappy city, inquired after him’ Such a one? Dead! Such a one? Dead! Such a one wounded, and sach another wounded also,— Oh, God! oh, God! what great crimes had there j been commited by this unfortunate city to be so cruelly visited? When Jerusalem sold our Divine Lord and shed his blood, your anger did not fall eo heavily upon that devote? city.! The voice of your Prophet had announced and she could | ave hi (te. Your ven- though t endows, You had charged men with (he execution of your unalterable and property. it extended as far East and South as wehave heard from. Our advices from the East are from Portsmouth, N. H. [From the Boston Courier, March 19.) A severe gale and snow storm commenced on Thursday night, and continued, with some inter- missions, throughout the day yesterday. The wind commenced at North East on Thursday evening, blowing very heavily, but shifted tothe South East before morning, blowing with equal violence, and during the snow storm yesterday afternoon, there was e strong breeze from the North West. Our co- ‘mns to-day give some melancholy particulare of | the effects of the gale at sea, in our vicinity. : ‘Tue Somers Cast—Exrraorpixary INcREASR OF tae Frevtne—Tug Prrsona.itY—aNnD THe Gene- nav ExcireMENT.—In the Courier and Enquirer of Saturday, we find one of the most extraordinary articles that ever yet was written by a sane man, published in a sane newspaper, or spread before a sane community. We believe that in the whole history of literature and polities, including also all insane asylums, nothing equal to it in originality and other qualities, ever yet appeared since the days of Doctor Faust and Mephistophiles, Here it is: [From the Conriet and Enquirer) 7 ScournretisM.—The Union of Thursday publishes a letter from John Snyder, a Tyler Loco Foco member of Congress from Peanayivania, justifying his calling upon the House of Representatives to censure Judge Betts for not having taken the Gase of Mackenzie out of the hands of the Court of Enquiry when that body was investigating it. In addition to his abuse of us for presuming to hold him up to the contempt he merited, he makes the follow: ing appeal te the relatives of the mutineers te assassinate Judge Betts if he does not comply with their wishes in re- lation to Mackenzie. “And would it not be far more honest in Judge Betts to acknowledge his error and do justice? I hope he will think of that final judge who ‘will listen to no special pleadings. If he do not the relatives of those murdered individuals yet ahve may, in a natural spirit of revenge, redress their own wrongs, which the law has, thus far, denied them.” Can any thing be more infamous than this? Can scoundrelism ofany kind go further 7 Here we have a member of Congress virtually calling upon the relations of Spencer, Cromwell and Small, to assassinate’ the trict Judge if he will not loan himself to what the Hon- orable member from Pennsylvania denominates th “natural spirit of revenge!” And this call is made in the way ofa threat to everawe the Judge at the very moment that he is called upon to decide whether his Court has jnrisdiction in the case. We have heard of very: many disgraceful acts perpe trated by Members of Congress; but we con‘ess that this isthe most infamous and inconceivable of any thing that has ever come to our knowledge. What ! a member of Congress gravely threaten a Judge of the District Court ofthe United States with assassination, or what amounts to the same thing, tell him that ‘a n ‘al spirit of re- venge may redress their own wrongs,” if he does not exe- cute their vengeance! Who ever heard of such an out- rage before? And the time and mode of making hor- rible threat, is equally worthy of observation. The time selected, isthe very moment when it was supposed the Judge would be making his decision on the right of a Grand Jury ofthe District Court to interfere; and the channel through which the awful threat is made public, is the favorite organ of the Executive in this city, by which it is countenanced and endorsed ! It is well known that John C. Spencer is the favorite o! John Tyler; and it is equally well known Mr. Spencer i pursuing'Commander Mackenzie with fiend-like hostili- ty through every press in the interest of the acting Exe- cutive. Thus far every attempt to overawe the Naval Court, the Officers of the Navy, and the witnesses of Mackenzi preved a failure; and now a pliant tool of anda member of the late Congress is in- duced to publish a letter pending the argument before the District Court, in which, every other attempt having fail- ed, the Judge upon the Bench is indirectly threatened with assassination if he dare faithfully discharge his duty instead of loaning himself to the vengeance of the Secre- tary of the Treasury and the Executive, Of course, none but a knave and a fool would have dared utter this threat; but we should liketo be informed whether it wes not done at the personal instigation of, or written by, John C. Spencer, and whether its publication here, just at this time, was not in pursuance of his direc- tions? We call upon the Tyler organ in this city to say, whether they would have dared to make this publication at this time if it had not been called for by Mr. Spencer; and whether it was not in violation of their own convic- tions of right, and against their inclinations and remon. strances of that they yielded, because they were told that if they refused ihey would lose the patronage of the al- ministration? The history of Civilized Nations, presents no such spectacle as thiscase of Mackenzie. In the fearl is charge of his duty, he hung at the yard arm of a Na‘ vessel, the Pirate Son of the Secretary of War, we!l knowing that the malignant character of the father would insure him more than ordinary persecution on his return to his country. But regardless of consequences he did his duty, and saved the flag of his country from at the same time that he secured the safety of the ocean. On kis return a Court of Enquiry, comprising some of the most distinguished of our refully i vestigated all the circum mutiny and subsequent e3 and on their oaths as men and their lonor as officer: clared that actof Commander Mackenzie necess: expedient; and instead of censure, awarded him the highest credit for his firmness and decision. They soi- emnly declared to the world, that but for the timely exe- cution of Cromwell, Small, and the unprincipled son of an equally unprincipled Sire, the Somers could not have been brought home, but would now hsve beena Pirate, preying on the Commerce of the civilized world. Ali that man could do to prevent this righteous decision, the madly excited and revengeful Secretary of war (not the humble and distressed father) certamly attempted. But he signally nzie wos then brought be'ore aConrt Martial and puton trial for his life, charged with wilful and deliberate murder! And here the intrigues of John C. Spencer, known to us from the beginning, became apparent to the public.— Instead of the Government selecting os Judge Advocate of this all.important Court, a gentleman of character and standing in the legal profession,—a mere boy in intellect, knowledge and years, was placed in that important sta tion. The resuft has shown that he ia not only utterly ee for the discharge ef its duties, but that he looks upon himself as especially employed by the Gov- ernment to prove the conviction of Sackenzie. Had he been openly retained by Mr. Spencer~and if he procured his appointment he was retained by him, and that, too, with avery heavy fee—he could not have labored more zealously to procure the conviction of Mackenzie, in- stead of seeking, as it is his duty to do, to arrive -at the true merits of this transaction. His whole conduct as Judge Advocate, has been a foul libel upon the official character of that officer ; and he has placed himself be- fore the country in the unenviable attitude of a mere pet tifogging lawyer inthe employ of John C. Spencer. Nor is this all. He has evidently protracted the proceedings of the Court from day to day without the shadow of apo!- of our fellow. Ogy or excuse ; and in common with man: citizens, we think, for the purpose, first, 0} proceedings of the Court reaching Wail honorable aman as Mr. Upshur Department ; and secondly, vised trick, to give time for the interference of the civi! authorities. Such are the conjectures of the public w: regard to the motives of the Judge Advocate for th ning out this investigation ; and we have no heri saying, that from what we have seen of the proceedings, we are of the number who look upon him as the mere ae Mr. J.C. Spencer, and acting under his advise. ment. And now, when all hope of getting Mr. Upshur out of the Davy Department before these proceedings reach there, are at an cnd, and the only chance for vengeance against the gallant and fearless Commander of the Somers rests with the Grand ‘Jury of the District Co the Counsel of Mr. John C. Spencer arguing d for the interference of that Court; and to make their argn- ments more cffective, the organ of the administration in this city, pablishes a letter from a member of Congress, virtually threatening the Judge with assassination if h retuses to yield to the demand of the infuriated and malig. nant persecutor of Mackenzie Such isthe aspect this Som affair now bears; and when or how it will terminate, is not for us to say. Inthe meantime, Mackenzie,thated and persecuted from court to court, by Spencer and his associate blood hounds, has been reduced to abed of sickness, incapable of meeting and contending with his numerous and powerful enemies, as he and the honest portion of the public would desire. ‘But let him not despair. Every honest and honorable man in the country is with him; eud although he may suffer for a time, the period is close at hand when his triumph shall be such as cannot fail to cover with richly merited dis- one his chief persecutor, and oll the willing tools in his employ. ‘Whensueh an insane article can be published ina respectable paper, and spread before a christian and a civilized community, during the pendency of a case of great importance, we are not surprised that such men as Father Miller should succeed in mak- ing thousands believe that the end of the world was at hand—we would not be surprised if Father Miller were right—we would not be surprised if the earth were to be burnt to cinders before ten o’clock this morning. at the head of the Navy in this cunningly d- Nevertheless, we have yet strong faith that the dignity and respectability of republican institutions —of the courts of law and justice—of the newspa- per press itself—will not be tarnished by the vio- lence of personal feelings—by the outbreaks of fu- rious family partisans on either side. The public at large cannot feel as the parties do. The great in- quiry going on before the courts has reference to the relative landmarks and extent of civil and mili- tary jurisdiction in a republic—and the feelings of Mackenzie, Gansevoort, Spencer, with all their friends and dependents, cannot be allowed to min- gle in such a public enquiry. Yet it should be ad- mitted that John C. Spencer is doing nothing but what he has a right to do in this affair-—and if he did not pursue the investigation, he would be un- worthy the name of a father. So with respect to the widow of Cromwell, the seaman, who lost his life without a single particle of evidence against him. In reference to the Judge Advocate, we annex the following communication from that gentleman, which speaks for itself : Eprron Naw Youre Henan Dear Sr There is a si lumnies of the of this ca gle point on which I will reply to the ca. Courier and Enquirer before the testimony before the Court Martial is closed, or Judge jon known. ‘8 to the fact and motives for the protraction by it is termed. ing is t infact. The officers of the So- mers declined to give me information in private, though they were the government witnesses. Thus, I was brought to the case blind-folded, and now it is complained that time has been spent in groping my way. I have haa to enquire aterery door, when a simple an- swer would have sent me direct tothe proper house. Almost all the witnesses—all for five weeks—have been called by the accused. As to the motives—st. [fa Court Martial has no juri liction, it is unimportant whether n care be deoided « not as t# the claims of «civil julicature— decided or pending, it, would be eoramnon judiee, and not at all aE RS SS Ie es NE 8 A ED AMES hl Nl Bin BDA IB Eo Atte am alle Sothern SiR Pre Meat Sachs TS Rieck A Re ODE AOE Scie ASS Si celal SO Ritter ARN ea Relea «SEI AS RRR EE AE Biot Bia OE anette Ia ede RS oS | arrest would be no plea—a mere nullity. If a Court Martial has concurrent jurisdiction, that courtin which it first attaches has the decision of the case. Stearns vy. Stearns, 16. Mass. R. 171 ; Bemis v. Stearns, 16. Mass. R. 203 ; State v. Yarborough, 1. Hawks, R. 78; Smith v. McIver, 9th Wheaton, 532 Whether the case be pending or decided, the fact of prior cognizance by a concurrent court is & good plea against the jurisdiction of any other. In the same court, the pendency of another indictment for the same offence is no bar, for in the language of the reat Foster, “Perhaps the bill last found is better adapted to the nature of the case ;” and regularly the rule is to ash the defective o1 But even in the same conrt, ‘at great Foster adds, ‘ But at the same time the court must take care that the prisoners be not exposed to the convenience of undergoing two trials for one and the same fact.” In the same court, case of Swan, Foster’s C. L. 106, it is for the election of the prosecution to take which of two indictments for the same offence that he pleases, just as if inadvertently two bills identical in terms had been return- ed by the Grand Jury. In the case I have cited above, from the North Carolina Register, 1. Hawks, 78, in a criminal case, it was held that the pendency of an indictment in another court ef con- current jurisdiction, where the prisoner could be sent or taken by the Sheriff, was a flat bar to histrial in another county, and before another court for the same offence. The reason for the distinction is obvious—no inconve- nience ‘can arise from multiplied statements of the same offence in the same ceurt—the party can have all but one qnashed. Every vexation and inconvenience would arise by allowing the jurisdiction of a concurrent court to be impeached or suspended—suppose there were a dozen concurrent courts. “ Ifthe Grand Jury were now to find a bill against Capt. McKenzie, if it was on the ground that the Court Martial has no jurisdiction, it is no odds to Capt. McKenzie whe- ther the trial be.pending or concluded—a void proceed- ing being of no service to him. é ‘The finding of a bill against Capt. McKenzie would pre- sent him with three advantages, for if the civil power were to take him from this Court Martial, the case there being unconcluded, there could be no decision of that court of acquittal or conviction, in whole or in part. The indictment in the civil court would be demurred to, and before the Supreme Court could decide the point the witnesses would be d d in case of its dec: sion, either that the Court i exclusive juris: tion, or that having concurrent jurisdiction, its proceed ings should not have been interrupted, Capt. McKenzie would go clear without decision of his case on the facts. Such a determination of a legitimate trial would not, it is conceived, disable him to plead the clause of the con- stitution against being put twice in jeopardy, and whether it would or not, no Secretary would renew the prosecu- tion after this dispersion of witnesses, and of a court be- fore which he was willing to be tried, which was willing to try him, and which the peace of the conntry had only not induced to insist on its jurisdiction, that being the principle on which a tribunal thinking its jurisdiction rightful, yields to another. have always from the first, disapproved the attempt to interfere with the Court Martial, and have to every body stated my firm, unhesitating conviction that a Court Mai tial was the only tribunal, and if not exclusive, that a rightful jurisdiction having once attached, no interference was allowable. Even in case of an inferior court, the superior cannot interfere till judgment or decree—Patter- son v. the United States, 2 Wheaton, 221; Paine’s C.C. R.; Smith v. Jacksen, 453; United States v. Wonson, 1 Galle- son, C.C. R., 5. r Having thus temperately shown what I believe to be the law of the case, it remains only to ask what ill mo- tive can be imputed to one who feels confident that to take the case from the Court Martial before decision, will amount to an exemption of Capt. McKenzie from penalty and legal verdict. Tet were his counsel, I would regard the preposed interference as an advantage, whatever might be my opinion on the facts as to his justifiableness, acounsel should always be glad at the absence of a . His acquittal before ary ‘would equally be hoped before a Court Martial—in either case a proceeding, but no legal trial, would furnish the greater security. When the case closes, I will furnish the public with testimony stronger than any argument, to show the utter falsity of every imputation that has been made by the editor of the Courier and Enquirer. A short time ago he was violent at being struck at when he had no reply, but every license is to be permitted his bad passions or par- tisan imputations and garbling of proceedings and testi- mony. I pronounced (he piper of Mr. Sedgwick, in/open court, utterly untrue in those parts aspersive of me. In the Evening Post of Saturday.1 am reported to have made this remark of Cept. McKenzie’s memorandum said to have been made under the dictation of Philip 9 In the Express a day or so past, I was by inti charged with tampering with the witness, McKinley, and others, when the next day that boy stated, in answer to my question, that he had been spoken to by me but once avtohistestimony. Inthat paper the question was put in the mouth of Capt. Bolton, and a double fabrification emer to avoidthe rebuke for the previous day’s edi- torial. ‘The paper published by you on yerterdey, was dropt your ofticeon my way to Court, having io leisure to make a comment on any thing. I thus calmly dismiss this matter for the present, until replies from the Secretary of the Navy, affidavits of gen- tlemen here, and letters from well known citizens of Bal- timore shall enable me at the close of the testimony, to properly expose the enormity of the savage and false tra- duction of anhonorable stranger, without cause, in a moment when excitement might make groundless asper- civil writ. tions believed. I am, air, very respectfully, WILLIAM H. NORRIS, Judge Advocate. Tar Revorvtion 1x Haytt.—It is now expected that the revolution in Hayti wil! be complete, and that a new constitution like ours be adopted. Very late accounts have been received at the east from that Island. They are as follows :— [From Boston Mail, March 18. The Pandora arrived at Holmes’s Hole on the 16th inst., from Jeremie, brings advices to_the 3d of March. At that time the revolution was in the full ude of successful experimeat. The “Patriots,” no longer “‘insurgents,” had gained ground—and num- bered at least 12,000 strong—and no doubt was en- tertained of their ultimate success. Nearly all the male inhabitants of Jeremie and vicinity were_ac- tively engaged in the revolt. Six regiments of Pre- sident Boyer’s troops had joined the Patriots—all communication with Port-au-Prince was cut off There had been no bloodshed at the latest advices —nor a single act of dishonor committed. {Correspondence of the Herald.) Mercnants Excnanae,, 2 Saturday Evening, 18th inst. Piratical Movements of the Haytiens—Their Pro gress in Civihzation. We learn from Captain Hurd, of the brig Jacob Story, at this port, from Jeremie, that he set sail for Boston on the 17th Feb. at one P. M.; assoon as he got clear of the harbor,a Haytien sloop of war gave him chase with all sail set. He then bore up from N.N. W. to W. with all his drawing sails set fore and aft. At8P. M. the wind being light and find- ing he was dropping astern, the black captain lower- edabarge and made forthe J. S.with sails and oars. At5 P. M. the wind increasing and the sloop of war finding ita bad chase, they clewed down royals, took in stndding sails, hauled up coursers and set signal for the barge to return. We then hauled by the wind and put to sea. ‘Trearricats, &c.—Theatricals, and amusements of all kinds throughout the country, seem to be in a very dull and uninteresting state. It can hardly be said with certainty that there is a solitary theatre in the United States that is at this time making money. We must, however, kee; the run of the old favorites, and have an eye to their where- abonts. Mr. Forrest is in this city, and about to act in a new play at the Chatham—one that has been acted in England with very great success. Messrs. Placide and Fisher are performing at the Park. Flynn is also here, engaging a company for Pittsburgh. In this city are also Mrs. Sutton, Signoras Ma- roncelli and Otto, the Misses Cumming, Signors De Begnis, Martini, Rapetti, Benedid, Messrs. Rake- mann, Scharfenberg and K ossowski. Yankee Hill is playing at the National, Boston Howes’ Olympic Circus is still at the Tremont. Chippendale is in Philadelphia, recruiting a com- pany to proceed to Cincinnati, and opens the Na- tional Theatre there. Mr. and Mrs. Brougham are also in Philadelphia. Welch re-opened his Olympic Circus (formerly the National,) in Philadelphia, last Saturday, fora short engagement. He has made some valuable additions to his company. Many of the leading stars are South. Hackett is at Columbus, Georgia. The Seguins are at Charles- ton. Burtun and Miss Reynolds are at Norfolk. The St. Charles and American Theatres, New Orleane, are both open. At‘the former, Neafie, J. M. Field, Farren and Mrs. Sturt, (formerly Miss, Vos,) are the principal people. The operatic ballet of La Bayadere, was produced on the 4th instant, with Mary Ann Lee as the dancing Bayadere. At the American, young Vandenhoff was starring. Mons. Paul, the strong mun, isthere. Miss Claren- don is giving dramatic readings. Herr Driesbach and his lions are at Baltimore. Dan Marble bas been playing at Mobile; where also hasappeared Mow. Guillot, another Hereules. To Sraak SMoxens.—We have been requested by our friend Henriques, of 61 William street, to state that having received by the two last arrivals from the Havana, a very choice assortment of Normas and Nuregas, he will dispose of them at li- bera! prices to all who will give him acall, Also an elega \tlot of the celebrated “Caballeros (Gen: tlemen:) which the lovers ef the weed will do well 7 Magazine for April can now be obtained at this office, BY ‘HE SOUTHERN MAIL, The Southern mail last evening brought us some very interesting intelligence from the south, parti. cularly from Washington and Harrisburgh. The result of the Tyler Mass Meeting in this cit has reached Washington, and has produced a goo deal of astonishment in the White House. W. learn that some curious and unexpected movement: will be made by the President ina few days. We also give a highly important letter froma cor- respondent at Harrisburgh, developing much politi cal and financial information on Pennsylvania af- fairs. Our correspondent will be pleased to let us| hear from him again. HarrispurG, March 15, 1843. Scenes in the Legislatuve— Politics—Finance— Mil-| lerism— Currency, &c. On Friday, a new scene in parliamentary practice took place in our House of Representatives between, two reformers. The nose of Mr. Deford was pulle«! by Mr. Hinchman, of the city. The first is a reform democrat, whe talks nonsense, on an average to the| amount of $300 a day gost to the commonwealth— the last, a whig reformer, in close unity with that portion of the professed democrats who have swornl vengeance against David R. Porter, and of which| Deford is one. A dispute between them occurred the day before, | in which Deford called Hinchman a blackguar¢, and H. threatened to pull his nose the first chance| he got. As soon as the House adjourned on Friday, atnoon, he proceeded to make his fingers familiar with the gentleman’s probosig, Striking with um- brellas ensued, members interfered, and the bellige-| rants were separated. The affray has given rise 10 universal satisfaction among the poop': had an opportunity to watch io proceed reformers. So disgusted has #very hor our State become with the ¢ ot of the inthe Lagislature—reformers, selves and whigs—that if they each other, from the Speaker John Hill, of the Senate, a gre be conferred, or more pleasure of the tax-payers. A_resolutioy expel Hinchman, and a com: mine into the circumstances. | the people more than $100,005 five of the united brethren ( been expelled at the commenr A challenge. extemporane oii, eay, between Messrs, McCu' » the Senate; but there wen’t is the stronger man of the ‘\ thrash Champueys in a fist { would be called upon to deci rte; the la ter would have a decided advantage, on account | the small mark he would present. Mr. McCully is} one of the most modest and mild men ix the Legis- lature, and withal, gentlemanly and courteous to, wards his fellow members. He must have consic- ered himself grossly insulted when he replied to Judge Champueys, waving all constitutional objec- tions toaduel. Judge Champueys is also a very gentlemanly man, but in this matter is thought to have sank himself very much in the estimation of the public. He is choleric, and came into the Se- nate under the impression that he would be ‘he| leader of the demccratic party in that body. He measured his strength with some of the members, found himself lamentably inferior to them, and then] joined the reformers against the Governor. Having’ so far mistaken the position destined for him in the} Senate, he now feels cross towards all who oppose] him. The House of Representatives isa kind of beai garden. The presiding officer has been a whig, Ce-| mocrat, Buchanan man, Johnson man, Cass ‘nan, and nowa Buchanan man, anti-Porter mun, and one, of the United Brethren. He commands no respect} —members regard him as no better than a. political, weathercock, in whose course confidence cannot be placed. The consequence of this want of respect is| seen in the daily brawls which take place—brawls| in which the lie is freely exchanged, and the mem.-| bers disgraced. ‘ 4 The Speaker of the Senate is a men entit! d to more respect, receives more, but \ t can: t! command order on all occasions As 1 instance of the order kept, Ihave seen «) many :3| five or six Senators on the floor at once. ail spe: ing, the Speaker telling the Clerk to call the y: and nay, andthe Clerk calling them. Tn debate, Senator Crabbe of the city said, not long since, that he “ would as soon think ef appealing to a dog for sympathy, as to the Senator from Butler, Mr. Sullivan—that his language was that of a black- guard, &c.” Both whigs, the first the most gentle- manly. At the very commencement of the session, re- form was spoken of—speechified about, and voted upon, It has been the continued question until this day, and not one measure of reform adopted. It has cost the people nearly or quite $1,000 a day, for sixty days. All the reform intended to be effected, he cutting down of the pay ef the heads of de- partments, and the clerks, the whole cost of which 1s about $34,000 a year. More than $20,002 of this sum, is raised from the revenue of two depart- ments, so that the actual cost to the people of our whole State administration does not exceed $10,000 or $15,000 a year. The Legislatare costs the State $177,000. The contingencies of the House alone last year, were over $37,000. The course of the United Brethren is to save at the spigot and let out at the bung hole. f : Ihave been informed, that the wife of a leading reformer sports at home, publicly, as presents from her husband, articles such as have been furnished members at the expense of the State!! No one acqnainted with the manner of doing business here, doubts how he obtained them. Yet_this person is loud in his anathemas against Goy. Porter, and in favor of reform. ‘The postage of the Honse for February, was over $6,000!! Not $500 of this could be said to be for actual business of the House, for which the St.te ought to pay. This is reform for you A speech called the ‘Great Speech of Mr. Lemon Peel, a red hot reformer,” made its appear- ance in pamphlet form.the other day, which has «x- cited the wrath of the Speaker of the House, who seems to think it was got np in imitation of his great speech. It hasgiven the United Brethren to under- stand, that there is away of reaching them with- out having recourse to the miserable newspapers published here. The speech is humorous and sar- dee castic, and hits off in excellent style some of the leaders. I am of opinion that it willbe of great service in reforming their conduct. Se low have certain members suok themselves in the opinion et the public, that maay people believe _ that carpeting which was taken from the garret of the House, may have been appropriated by one of | the retormers along with the candles, papers, We. | They are in the daily habit of appropriating to their own use, More than 2,000 Ibs. of candles have bi a used already, and not a single night session held !! How can we ever pay the interest of our State | debt under this system of expenditure? Nota dol- lar willbe paid this year. We have excellent men in both Houses, but not enough of them. [n the House, Messrs. Elwell, Barrett, Lowry, James, Kerr, Brawley, Boul, Sipes, Bash, Reber, Bachman, Potteign, Beil, McBride, Sherwood, McKinnon, &e ec. are demoorats, who are anxious that a reform in the expenses of the Legislature should be made. So are Messrs. Kid- der, Horton, Wilcox, Gibons, Fegely. and Headly of the Senate, but not having a sufficient number of votes, they cannot carry any measure of reform. The reformers have a holy horror of your paper— they dread its influence, and would rather enceunter fifty feeble shots in one of the subsidized presses of this place, than one good wholesome round from the Herald. believe that 10,000 copies of the Herald could be sold in this State, did it contain pictures of a reformer about leaving the capital, with « wheel barrow load of plunder, and his arrival at home in the madst of his family, distributing soap, candles, bruehes, perfumery, paper, quills, sealing wax, albuins, portfolios, &e. &e., and the most se1- entific mode’ of pulling Anose! | have seen rough copies representing this, intended for lithographing ; and also another representing a worthy member of a former legislature whitewashing the United Staies Bank,and Old Nick slipping a bundle of sone. thing into his breeches pocket to buy lime with. They will make their appearance absut the time of adjournment. r . Anew Cass paper will be out next week, which will be conducted with spirit. The Johnson paper is now neutral as to President The Keystone 13 neutral likewise, and a State o¢ministration paper “according to circumstances.” The other two papers are tor Mr. Buchanan, The Pennsylvanian of Saturday has a tack upon Jas. M. Porter, Sec’ry at War. ‘The cause of thisis, that it could not get the sheriff's printing from W. A. Porter, of Philadelphin It has no cir- culation of any amount in the interior, and very le in the city, und never had a respectable stand- ing. It is published by two old federalists, and is said to be edited by a person who patched up some old siories, called them his own, and published them in book form, in imitation of other would-be au- thors. ‘The Globe also interferes with our politic It is read by few, ond despised by all. Its day of influence hus ; v. | hope never to return. y ate No apportioncent bill hasyet passed—neither has any other) whic bil), except one to burn monthly $100,000 of relict ene ‘There were only $50,000 in the treasury taken place. President Tyler has made many friends by his manly and independent course, and although he vill be denounced by the violent particans, the peo ho are tired of the extren to whieh derma Gave hurried them, look upon him as 4 I believe he will have a the last burning was to have ogi most excellent officer.