The New York Herald Newspaper, March 21, 1843, Page 1

THE NEW YORK HERALD. Vol, IX.—No, 80,—- Whole No, 3293. NEW YORK, TUESDAY MORNING, MARCH 21, 1843. United States Cireutt Court. Before Judge Betts. Marcn 20—Tne Somers Tasoepy.—Judge Betts de- livered his opinion on the questions submitted by the Grand Jury, in the case of the mane eye se : : J in my charge to aes yea aruntzation; in directing your attention £0 the surj-cts you, I ented in sunstance that you had cognizance of all crimes and of fences in violation of the Jaws of the United grates, and triable before the civil tribunals, whether commi ted within the territorial limits, or the admiral ity and marine jurisdiction of the United States. It was ended 60 to guard and qualify that instruction as to avoid asserting or defining the jurisdiction over crimes committed on the high season board of United States ships-of-war, this Court wishing to leave that question, which had began to be agitated, for deliberate consideration and decision. In the course of your deliberations, you came into Court, and submitted in writing, two enquiries, and prayed the points of law contained in attention of the Court to th % estions wero— oer ree aoa Jory any jurisdiction over, or are " the thante melange into any offences committed on board of American ships of war, and whilst on the high seas, if 40, is it their province to inquire into the offence alleged to have been committed by Captain McKenzie, or any other persous on board ofthe brig of war Somers, com- plaints of which are herewith submitted ?” ‘With these inquiries you submitted to the Court th three complaints on which they w founded. Judge Betts then described these complaints against Commander MeKenzie and Lieutenant Gansevoort, and remarked that as the facta presented in the complaints were admit- ted, the necessity of the Grand Jury making any inquiry into their truth was obviated. Although the right of a Grand Jury to present a bill of indictment without proofof the truth of the fé leged in the complaints, was un- doubted; yet it was more consonant with the hum nistration of justice to exempt the citizenfrom the exposure of ® public accusation and trial, when 1.0 offence had been committed. Allthe authorities on this point apply with a f. requet Bet as theinquiries in the pres juvolved examinations of the constitutionality of an act ©. Congress, and alsothe just powers and duties of that court in relation to offences committed im United States chips of war, he deemed not only a mature end careful ¢x- anunation by himseif, and a suspension of the business of be court for that purpose, but also the examination of the question involved in the inquiries by the eounsel of both parties interested,to be necessary and becoming. The request of the court addressed to the counsel for their ex- amination of the matter, was most sa sew ean answered by the learned gentlemen who speared. ‘he Grand Jury had given their attenda from day to day, and heard that able and instruc! penmere occupying more than five successive days. It might be proper for the Court to remind the Grand Jury, that they were not to regard the arguments ef the counsel as addressed to them in their official character. The Court had merely designed to express its respect to the members of the Grand Jury personally, 1m soliciting their attendance du- ring the progress of the legal discussion. They would remember that during the whole of that period, their presence in Court had not been needed. These remarks were deemed necessary by the Court, in order to guard against the possibility of a precedent being taken irom the course adopted in the present instance. The presence of the Grand Jury was not tobe regarded in any way, as weiving or dividing the responsibilities of the Court. The questions proposed were strictly questions of law, which it was the vince of the Courtto decide, and he head no doubt that in propounding them, the Grand Jury meant to the authority and bow to the decision of theCourt. The Court could not fail to appreciate the delicacy and importance of the questions submitted. The occurienceon board the Somers, with all its painful con- sequences, was brought directly in view, but was mani- festly of subordinate importance to the great questions involved, and which effect the administration of criminal Justice, and at once the individual citizen and the gov- ‘ernment. The question ought to be calmly investigated, and decided as a neked proposition of law, and without allowing the judgment to be disturbed by apprehensions, that the conclusions adopted may place the parties in this instance under increased liabilities, and dangers, or afford them extraordinary opportunities of de- fence. Judge Betts then reminded the Grand Jury that the matter had been brought before him in several instan- ces previously to its presentation to his notice by the Grand Jury, and that he had declined granting a war: rant for the arrest of the parties complained of. The case had, however, in these instances been preseoted under special aspects, not involving the main points now sub- — and even if it had been otherwise, be would not ave Fegarded thet pernicious action as interposing any objection to his full and careful consileration of the mat- ternow. Before procnediag to any investigation of the juridical facts submitted, the Court would remark that it never had hesitated nor shrunk from the exercise to the fullextent of the jurisdictien conferredon it by law, no metter over whom it operated ; neither did it ever seek or Permit itself to exercise any jurisdiction, which was not clearly besiowed on it by the law. Neither was it of Gensequence to the Court whether they sat on crimes committed in the navy or the merchant service, or wheth er the parties accused were seamen or officers. The words of the Court, would show that the two judges new in session hed ‘tried offences of every grade, and had sentenced to capital punishment ‘persons guilty of homiesde and other atrocious crimes onthe high seas, and theqnestion now was, whether the jurisdiction of the court extended and were tobe exercised over offences Committed on board the armed vessels of the U. States. ‘The answer to that inquiry must depend on the import ‘and operation of the Crimes Act of 1790 and 1825, in con- nexion with the act of April 21, 1890. If the latter be still in force, that court could exercise no jurisdiction in criminal matters not allotred to it specifically by act ot Congress. (U. States against Bevine,3 Wheaton.) In this case the opinion of the Chief Justice was most un- equivocally decisive on that point, whatever its ¢ffect on the other questions involved might be. On the part of the persons complained of, it had been contended (1) That Congress has power under the constitution, to provide for the punishment 0° offences committed in the army and navy, without trial in courtsof law. (2) That thestatute emablisbing rules for the government of the navy, isan executisn ef that power in respect to thenaval force. (3) That the Crimes Acts of 1790 and 1825, neither in terms nor by necessary construction, embrace offences in the navy, and no offences in the army except such as are ex pressly reserved in the articles of war, fer trial in the civil ceurts. Jo peers of the proposition that this court had jurisdiction in the case submitted, it was urged—(1) ‘That the judicial power of thecourt, under the constitu tion. extends to all crimes against the U. States committed on the bigh seas,ani that several offences aff-ct ng the patie peuce aud welfare, must be proceeded with y indictment and trial by jury. (2) That the Crimes act gives to this Court cognizance of murder and manslaughter committed on the high seas, without tinction of public or private vessels. (3.) That the power of Congress to erect Courts Martial, and punish offences by their sentence, is an implied, and nota direct power, and must be exercised im subordination to the itive powers received for the civil judicatures, (4.) Phat the act fur the government ofthe navy under these constitu- tional restrictions, cén give no authority to Courts Mar- tial to try offences, other than those of a strictly military or disciplinary character, and those committed and drought to trial without the jurisdiction of the Circuit Court, or during war andtime of public danger. The Court did not deem it necessary to enter into a conside tion of the constitutional point. The Circuit Court was but a limited authority, and theugh its decision afforded a rule of action in that particular case, yet beyond that it had no power in fixing the construction of the constitu- tion or the law; and the Court would, therefore, cau- th ly forbear from carrying its examination be- yor the special demands of the present discus. sion. The only pertinent point was whether the actef Congress of 1500 confers on Cow Martial juris- diction over murder committed on beard United States’ pode the high seas? Had Congress the power to pass such alew? Not only were all legislative powers con- ferred on Congress, but also the extent to which they were to be carried was defined. An act of Congress in violation of the Constitution was invalid and not obliga- tory on any Court. But the presumption was always to be in favor of the validity of the law, unless the contrary for it were clear and unequivocal. ‘Judge Betts cited a number of authorities to show that unless the discrepancy between the Constitution and the act in question were palpable, that Court was bound to acquiesce in the au- nk AD. 5 ei pass it: His Honor then read the | the articles for the ‘ution, and the clauses of Powers thus conferred on Congres: the manner in which they h is Honor here took # somewhat e condition of the Courts in relation to these ulara, antecedent to the adoption of the Constit . There were no instances ef the Trecogni- tion of offences in the land and naval forces by tho civil tribunals during the period ofthe existence ofthe Con- tinental Congress. Congress exercised the right of try- ing offences on the high seas immadiately after the Con. federation, ‘That right was retained, and the rules forthe eed of the ny substantially copied from ie Act of Geo. Ii he Court was of opinion that by the English law, as understood at that day, it was clear that courts martial had exclusive cognizance of all offences against the rules and articles for the regulation of the navy, unless jurisdiction was expressly given by statute to some other tribunal. It was clear that there must have been power given to Congress to legislate te some extent forthe punishment of crimes in the sary by other means than trial by jury. And the 6th amend- ment to the Constitution provided that al! offences should be ttied by jury, except in cases arising in the land or paval forces, or in the militia—in time of war or pub lic danger. The question , was whether thie power was limited to time of war or public danger, or whether impliedly limited to cases of simple disciplinary oharacter, or cases tried out of the jurisdiction of the United States? {t seemed to the Court that the terms ‘times of war orpublic danger” applied only to the militia The farther limitation to ample military offences, or ca- fea tried abroad, did not arise out of the language o! the amendment, but was inferred from a supposed conflict of the power and the civil judicature, Whatever the force of that argument, itdid not establish any inevi- table limitation, but only @ possi nding on con struction. But a dubious w nullify ite exercise. ‘The want pable. It Lio been also ernment of the navy ap) aggregate body, end that the power over the individuals Composing ite by the Constitution, been exercised. lengthened view of only incidental, and can be carried no farther than is ne- cessary to conduct the operations of the body. It was proper to remark, that in the statute the pow. er was originally stated to embrece the direction of the operations o! the navy and army, as if to obviate the possible construction that the power extended only to the forces in their augregate character. The convention omitted this qualifying clause as obviously superfluous. The alteration was, however, signific nthe dense just stated. It would be an artifiial and constrained meaning to attach to the terms “ regulation of the navy,” any other idea than that it extende to the individuals. A power to regulate a city ora nation necessarily imptied power over the indivi jual subjacts. e grand total is embraced in the term ‘torces,” but so are ulso the instru- ments—armies—Aivisions— -brigades—.companivs—-senti- nels. Sv also with respect to the “ naval force,” which included fleet: ‘équadrons——ships——boat’s crews. The incongruity contended for between the power and its exercise was not direet and palpable ; it is no more than suppositious and inferen- tial, and accordingly reaches no her tha: to raise a doubt whether such a power exists in Congress. The Court therefore decided that in respect to the Circuit Court, and the action of the Grand Jury, the act of Con- gress of April 23, 1900.is valid,even if in its true construc- tion it gives exclusive jurisdiction to a Court Martial over the homicides complained of in this case. The compe- tency of the Circuit Court under the Judiciary Act, to ex- ercise jurisdiction over offences on the high seas in United States ships of war, cannot be questioned; the whole groundof inquiry is, has that jurisdiction been given to it in express terms or necessary implication, by act of Con- ress? ‘Theargumentson that branch of the case had n on both sides exceedingly thorough and clear. But however agreeable it was to the Court to admire the le- galability with which that part of the argument was conducced, it was not necessary to examine it ior the pur- poses of the present decision. The brief period which the learned Judge could devote to the preparation of his opinion, ebliged him to confine himself to little more than the mere anzunciation of the general results of his examination of the matter sub- mitted. Congress intended to legislate for—(1) offences against the law of nations. (2) Violations of the laws of the United States, within the limite of their jurisdiction. (8) Piracies andfelonicson the high seas. (4) Offences committed in the army and navy and militia, when ina tual service in the United Stat The learned judge then went on to show that the laws carrying out the intention of Congress to legislate for these offences, was to be taken in its extended, and not a limited construction ; that the fact that in no instance, during forty years existence of the law, had a civil court exercised jurisdiction over offen- ces in the navy of the United States, was strong evidence in support of his viewof the law. The navalcode bud been in existence asa separate system of jurisprudence, for a quarter of acentury, when the act of 525 was passed. ‘The presumption was, that if Congress had designed to in- terfere with the settlel course of law, it would have been plainly expressed. [n his opinion, therefore, neither of the acts, those of 1825 and 1835, gave to the Circuit Court jurisdiction over the crime of murder committed on board aship of war, and triable before a courts martial. The general result, Judge Betts concluded, I shall now give ; and in doing so | only discharge aduty de- volving on me to advise you. The law does not invest the Court with any right to direct the Grand Jury what pro. ceedings they may take, or what they areto refrain from. It must be submitted to your judgment whether or not you will conform to the opinion in respect to the law, which the Court now lay hefore you. Whatever your decision may be in this respect, gentlemen, the Court will acquiesce in it, and receive it with the greatest respect. me pestinon ou have submitted te me are :— (1. “‘Havethe Grand Jury any jurisdiction over, or are they to make inquiry into any offences committed on poral United States ships of war, aad whilst onthe high seas 7” This isa very broad and general inqui roing entire- ly beyond any’ facts submitted to mes as ouisting in the complaints before you. It is an enquiry whether this Court can take cognizance of any offences co mitted on beard ships of war on the high seas; and includes the con- sideration also, whether the Court can take jurisdiction over offences committed by others than those connected with the naval force. [have, however, prepared an an- awer to that inquiry. (2.) The second inquiry is—“ If so, isit the province of the Grand Jury to inquire into the offences alleged to have been committed by Captain McKenzie, or any other per- son on boardthe U.S brig of war Somers, complaints of which are now submitted 1” This includes al-o the consideration of the case of the seamen en board that ship, whether you were to inquire into the alleged mutiny, and apply the laws of the United States in that case made and provided. In reply to your request for my opinion on these ques tions, I state :— (1.) The Grand Jury has Jurisdiction to indict persons not belonging to the navy for offences committed on the high seas on board ships of war, and [also think they have power to indict persons belouging tothe navy {or felonies committed on board vessels of war on the high seas, when such felonies are not within the jurisdiction of the Courts Martial. (2.) The Grand Jury hes no authority to inquire into the homicide charged to have been committed by Captain McKenzie on board the U. 8. brig of war Somers, nor into the offence of mutinous conduct of any of the crew of that vessel. Alter the delivery of this opinion, a few friends of McKenzie applauded, but were instantly checked by the crier. The Grand Jnry then retired and shortly afterwards returned, and rmed the Court that the complaints against Capt. McKenzie and Lieut. Gansevoort, had been éismissed on account of “ want of jurisdiction.” The Grand Jury were then discharged with the thanks of the Court. Common Council. Boanp or Acpramen—M y, March 20—Present, Al- derman Woodbull, President,in the chair; Aldermen Ba- lis, Underwood, Martin, Crolius, Smith, Gedney, Leonard, Purdy, Hatfield, Carman, Stewart, West, Davies—Alder- men Bonnell and Lee absent. Alderman Davies moved ® suspension of the rules in order to concur with a resolution of the Boardot Ast tants toallow the Mechanics of the cit: large Hallover Centre Market to hold a to alien law applicable to this city, ¥ companies occupying said hall having con Petition from Terrence Fegan for payment for a horse injured by the bad state of the public atreets. From per- sons residing in the vicinity of engine company No 44. to restore the members to their cempany. From John Jacob Astor, by ene ing Seventeenth street, between avenues A and D ym citizens of the fifth ward, fora hose company and house in Thomas street. A long petition was received from Mr. Hoffman, argu- ing a case previonsly passed upon by the Board of Al dermen, Referred to the counsel of the Board. Petitions from J. Thurston and others, for a free hy- drant in Reed street. For the introduction of the Croton water in the City Hospital and police office ;, and nume- rous others for free hydrants in garious parts of the city. A number of reports were presented in faver of and against applications for reduation of assessments. e committee on rvadsand canals reportedin favor of working aroad through the 8h avenue, from 59th street to 155th street. Ordered to be printed. The same committee reported in favor of regulating the northerly haif of 120th strect, joining Hariem mar- wet ‘Adopted. @ same committee reported in favor of allowin; John Reed $350 for injut ler ciceived by the ovectusniug of his wagon from a pile of dirt in the street. A petition was here received from Isaac Brown, for lease of pier foot of Clarkson atreet. The committee on finance reported in favor of leasing the Harlem market to Mr. Hardenbrook, for three years, at, $100 ry Adopted. e ommittee of Finance reported in favor of leasin; the northerly side of the pier’ foot of Duane urese te James 8. Cheesman for $500 per annum, to be used fer landing ice. Adopted. ‘The Committee of Arts and Sciences reported in favor of presenting a stand of colors to the First Regiment of New York State Artillery. ‘Alderman SwrrH asked if the expense wes limited. Alderman Punpy said that this regiment was the largest in the‘city and had heen established immediately aiter the election of Governor ‘vompkins. ‘The Special Committee, consisting of Aldermen Under. wood, Bonnell and Jones, towhom was referred the pa- pers relative to the defalcation and embezzlement of John Ahern, late elerk to the mayor, presented a report in which they state that th: tered npon the immediate performance of their duties in September last; that they extended back as far as 1327,when John Abern commenced k, and continued down to the time that he left in that in this investigation they find that the defi ciencies in bonds are commutatione from June Ist, 1937, to July 24, 1842, while John Ahern was clerk, is $8,019 25. That the number of passengers commuted, for which neither receipts nor accounts have been obtained, is 8,965 ; that the number of passengers having arrived frem foreign ports, in vessels bringing ten or more passengers, none of which have Been accounted for, is 1046. That many of the bonds taken for eee are found to be erroneous, insums varying from $300 to $10,000 each. That two hundred and sixty-four reports of masters of vessels were not sworn to, and also that great negligence has existed in the supervision of almost every d ment wate of business, over which John Al has Alderman Crotivs offered a resolution giving a reward of $259 for the apprehension of the marterer of Char G. Corlias, who was shot in Leonard street last evenin ‘The Board then adjourned to Menday next. fi Boann or Assistaxts.—Petitions of several individuals pe She from tax; of several citizens for free hydrants. f rates by Alderman Brown to grant the use of the fall over Centre market to the Mechanics of New York, for the purpose of holding » meeting therein on the 25th inat. in reference toa lien law. Adopted Reports of Committe: ‘Of the Croton Aqueduct Com- mittee recommending aconcurrence with the Board of Aldermen, in appropria|ing $3,073 95 for the payment fdamoges by bursting of the C: ker stre Concurred in, wzinlen aad wirsacenmesl OF Committee on wharves, piers and renewing the Jesse at the foot of Warren str 8 in favor of to Messrs Powell & Co. Conourred harass cl Of Committee on Police, Watch and Of Committee on Finance, recommending concurrence in the report and resolution of the other Board in favor of executing a covenant po be given to Messrs, Carman and Arcularius and others lessees of Brooklyn. peli ale i hdiiabealeiniaiccian Papers from the Board of Aldermen.— Ordered flags of the city be displayed on the 18th of ape soe in honor of the centennial anniversary of Thomas Jef, ferson, Ordered that a-correspondence be opened with th Seer Me onthe Navy, relative to the coastruction of a Dozk at New York, to ba operated with Croton water. Communication trom Couvsellor Graham, show that au ordinance, pagsedon the 13th Dec. 1342, relative tothe clerks in the Mayor's office, cvofliccs with the Sate legisiatura. Reverred Report of Commites on Finance, ia favor of leasing te the Society jor the Reformation of Juvenile Delinquents, acertain lot of groaud. Concurred ia Report ot C teeon Waarves, Piers and Slipa, in favor of leasing the souch side of the pier at the toot of Duane street, to the New York aud érie Ruilroad Cy. for $500 ver annum. Referred. Ofsame Committwe in favor of leepening the water be- tween Jay and Duane streets Referred. Report of Commixteo on Wharves, Piers, favor of allowing Ward Brown to erec! foot of Laight street, for which they a annum, and Slips, io pier at the 10 pay $50 per Of Street Committee, in relation to giving permission to some one in Broad street, to erect outside stairs to his building. Non.concurred in. Of Street Committee, in favor of repaving White street, between Broadway ani Church street. Adopted. Invitation to the Clay ball this evening at Washington Hall. Accepted. Resolution, by Alderman Wareaman, to restore the pay of aldermen sitting upon the bench of the Court of Sessior Laid on the table, Alderman Scovxs then called up his new system of Police. Alderman Brows presented a new plan of Police, un- dersood to come trom the magisirates and clerks of the Lower Police, including Justices Stevens, Matsell, and Parker, (excepting Justice Merritt,) together with Bar. ney Osborne Ic is as follows :— ‘ An Oxpivance ron The EsTaBLisHment anp REGULATION OF THe PoLice or THe Ciry oy New York. The Mayor, Aldermen and Commonalty of the Cit New Yor follows of in Common Council convened, do ordain as Articie First, Src.1—The Watch Department as at present organised ishereby abolished, together with the oltices of Street Inspectors, Health Wardens, Dock Masters, Day Officers, Sunday Officers, Inspectors and Assistants ot Hacks, Om: nibuses, Stages, Carts, Pawnbrokers, and Junk Shop’ Sxc.2—In lieu of the Watch Department,and the various offices mentioned in the foregoing section, there shall be established a Day and Night Patrol, consisting of five hun- dred abie bodied men, between the ages of 21 and 61, citi- zens of the United States, and housekeepers. 2c 3—The city to be divided into Six Police Districts,to niorm as near as may be to the present Watch Districts, and the Patrol to be divided im proportion to the wants of each district, Sec 4.—Each company of the patrol to be under the immediate direction of two captains and four assistants, the whole subject to the orders of the Mayor, Aldermen, and Special Justices. Sec. 5.—All prisoners whe may be arrested by the pa- trol or otherwise, to be taken directly to the Police office nearest the station where the arrest takes place, and in all sin which itcan be done, the witnesses required to attend, and forthwith prefer their complaints. Src 6—Each distriet to be provided with a station house for the accoramodatien of the patrol, and to be known as the head quarters of auch district, Sxc 7.—The patrol to be divided into two great compa. nies, and to do duty alternately di d night, and to be relieved every six hours in the day time, aud every four hours by night. Sxc.8.—A suitable number of the day patrol to be se- lected for station and squad duty; those devignated for station duty to be posted at proper and prominent ee in the district, which shall be known os lice stations, and sign boards shall be placed in conspi- cuous places in the Districts, designating the Police tions. The duties of the stationary patrol shall be to afford information to strangers and others, to tran: the Station houses orto the Police ottives, all requi for assistance; to quell riots, and for other purposes; to give immediate notice to the Police of all offences com- mitted, and to perform all and every service that may be required ot them when applied to by citizens er strangers, who may call upon them for assistance, advice, or infor: mation. Sec. 9—The Squad Patrol to con each District, whose duty it shall be t trict in a body, for the more effectual preservation of the ublic peace ; to report ell delinquents ; disperse all un- jawtul and idle assembleges ; to remove, or cause to be removed all obstructions in the public thoroughiares, and prevent all disorderly and suspicious persons trom mii g- ing in bodies, brougnt together for lawiul purposes, or in places of public resort. Src. 10.—The patrol, with the exeep'ion of the station meu, to wear no distinctive dress, but to carry a suitable embiem or device, by which they may, when necessary, make themselves Known, the others, viz: the men, to wear an appropriate dress, or part of dre which they may be known. Rec 11.—There shall be two police offices, as at pre- sent; the business of said offices to be conducted by six magistrates and six clerks, and a scrivengr shall bs as- signed to each office; one magistrate to/be on duty at eech office at all times,day and night, and the magistrate who may be on duty at night tomake a return of all un- finished business to the sitting magistrate at sunrise in the morning; the magistratc and clerk who perform the night duty to be relieved from duty the following day Sec. 12.—The magistrate on duty at night to select a suitable Lumber of police officereto attend the office at night, in order that no patrol man may be required to leave his post on any business connected with the detec. tion of offenders, &*., which officers shall be taken in turn, or by sections, and who shall receive no extra com ensation for such services, except such rewards as may fe veluntarity offered forthe recovery of melon proper ty, &c., and the fees herein Src, 13 —Forty Police Orticers to be appointed and ree! fixed salary in lieu of ail allowances now made by laws for extra services, and lor attendance upon Courts, to attend the Crimival Courts in turn upon a requisition of the presiding Judge through the Clerk, and to serve all criminal process issued from the two police oltices. Sec 14.—Police Otficersto beunder the special direc- tion of the Special Justices, and not to be detailed for any service without the knowledge and Consent o! oxeof the Justices ; itshall be the duty of the Police Officers to tend the Police Otfice daily und every day, to perform ‘a services appertaining to their office as may be re. quired of them. it of four men in atrol their Dis- fter mentioned. o Arricte Two Appointmen's how made. Sec. 1.—The patrol shall be appointed in the manner following, vi The whole number shall be divided, as near as may be, into as mary equal parts as there may be wards in the city, and the Alierman and Assistant of each Ward shall nominate a numoer +quil to twice their propor ion of the whole oumber heretofore mentioned, and furnish a list of the persons so noininated to @ Board of Appoint. ment consisting of the Mayor, Circuit Judge, Recorder, and Special Justices, who shall select one haif of the number from each list so furnished as the patrol, who shall receive a certificate of their appointmen's trom the Mayor; trom the rejected portion of th« lists so furnished, the Aldermen and Assistant of each Ward shall select six persons, and the whole numberof persons so selected shall form a chance list for purposes hereinafter men tioned. Ske. 2.—The police officera to be appointed as at pre- sent from the Constables and Marshals. Aaticir THIRD. Term of Office. .—The Patrol and Pouce officers to hold their offices during good behavior, and removable only for mal practi , in office, neglect of duty, or immoral and licentious conduct, in the manner hereinafter pro. vided. Sec. 3. The Captains and Assistant Captains of the Pa- trol to be appointed in the first instance by the Common Council ; and therea'ter by the Mayor on the recommend- ation of the Special Justices from the body of the Patrol, and in case of a failure of a majority of the Special Jus- tices to recommend, then to be selected from the body of the Patrol by the Mayor ; the said Captains and Assistants to be Citizens of the United States and Householders, and to be removed inthe manner and for the same causes pro. vided for the removal of the Patrol}. Anticie Fourtn. The Patrol to be assigned to their respective Districts by the Joint Committee on Police, &o., and they shall be as- mgned to the Districts nearest their residence as far as it may be practicable to do so, and when assigned to their stations, their posts and 8, shall be fixed by the Cap- tains of the respective Districts; the said Captains shall in- struct their men in their ‘and see that the same be faithfully executed ; and visit, when on duty, each of the be) stations in their district at least once in each tour of uty. Ske 3—All vacancies to be filled by the Mayor; the patrol from the chanee list fn rotation, and the po ice officers from such of the captains of the patrol as may be recommendd by a majority of the special justi- ces; but if no such recommendation be made, thea the Mayor to select from the capteins and assistant of the atrol, and as often as vacancies occur in the chance ist, they shall beulled by the Alderman and Assistant of the ward, from which the appointments was originally made. Incase of the death, resignation, etion or dismissal of any of the captains, the vacancies to be filled by one of the assistants of the same district by the May- or. Aaticir Firrn. Removals. Src. 1.—Poliee officers shall only be removed by the Mayor, Recorder and District Attorney, for malieasunce. corrupt, immoral, and licentious cenduct,neglect of daty, or any malpractice in office. Sxc. 4.—The patrol men to be removed by thejoint com. ee upon police, upon complaint being made to the n thereof by the special justices, or any of them ; id committee shall hear the complaint, and proofs in relation thereto, the party complained of tobe suspended from duty until a decision shall be had; but ne deduc- ion shall be made from his salary if the charges "be not sustained. ¢. 3.-Upon complaint being made to the said chair man of said commitiee, two weeks shall be allowed to hear and determine the matter; at the expiration of which time, should no decision be ad, the party complained of shall be restored to his post. Antici® Stxrm. Sxo. 1.—The chance list to be kept in the poli and the chancemen to be detailed by the sitting ma; in writing, upon the requisition of the captains of the dif. ferent companies. Src. 2.—Sooks shall be kept at the police offices, and also by the captains of the companies or sections, in which shall be kept the names of the chancemen, and the number of days erformed by them, and the names of the parties in whose place or for whom they act. Src. jokness or Uisebitity only te bean excuse for absence from duty. Snc.4.—In all other cases a pi consent of th» captain of his company substitute a chance- man who shall be paid by the patrol man employing him, andafailure to pay the party employe!, shall be con. silered a suificient cause of complaint for eglwct of duty. 4, to preserve the ders tor olfences oom # ant render every assistance dud i mitted in their proses facility to the ministers and oiticers of justice. To make themselves acqu ante! with the characier asd busing # of every inhabitant or oth: their beut, and report to the captain all suspicious p all bawdy houses, receiv- ing shops, pawnbroker shops, junk shops, secord hand dealers, gaming houses, and all places where idlers, tiplers, gamblers, und other disorderly and sus- picios pervoas may congregate, to caution stran- gers and others agamst going into such places, and against pickpockets, watch stuffers, droppers, mock auctions, burners, &c., to direct strangera and others the \d gayest way to their places of destination by directing them to the station posts ; and, when necessary, to cause them to be accompanied to their destination oy one ofthe Squad patrol ; but in no case shall a patrol- man passthe boun tary of his post, except in pursuit of persons charged with offences. Tosee that the lamps are properly and sufticiently lighted, and repert the name of every lamplighter who may negivct his duty to the au perintendent ; halt of the patrol off duty to attend all fir to preserve the peace and protect property; the du’ now required and performed by the otticers, mentioned in Article Lat, Section Ist, to be performed by the patrol under the sp cial direction and instructions of their captains. 0. 3.—The captains of Companies to keep a book, in which shall be entered in alphabetical order, the names and residences, together with the occupations of all well known offenders, which book shall at times be open to the inspection of the Special Justices, their clerks and police officera. In case of riot or any other sudden emergency requiring the services of the trol, a signal may be given by the different alarm bells, when the whole body off duty will repair to their head quarters, and receive further instructions from their cap- tains. Src. 4.—All information respecting offences committed, or of suspicious per-ons or places, to be: communicated to the police proper, and madea matter of public record in the police office: the services of the whole depart- ment may be secur-d in the detection of offenders, and the recovery of property, and for the more effec:ual pre. vention of crime. Ske. 5 —In case of the absence of any of the captains of the different companies, the duties required of them shall be perfomed by the oldest assistant, who, while acting in such capacity shall possess and exercise the powers and rights ot Mach cacisie 3; and inc a0 of the absence of one or both of the assistant captains, their duties shall in like manner be performed by a person or persons selected from the patrol by the captains of the respective dis- tricts, and when vacancies occur in the posts of the patrol in consequence of such service, their places to be filled by chancemen who shall be paid for the services upon the Certificate of the acting captain certified by the magistrate by whom he may be detailed, such certifi. cates to be presented to the comptroller semi-monthly. Auricur Eicntn. The scrivener In each office shall Keep a proper book or books in which shall be entered at length each and every article of stolen or other property which shall be brought to said offices, or which shall be taken from prisoners, and what disposition may be made thereof; also a receipt book for property delivered from said office; altoa book to contain a statemont of known burglaries, larcenies, olen property, ke; the entries in the last mentioned book to be made by the police officers; the said scrivners shall also perform all and every reasonable duty required of them by the special justices. They shall be appointed by the Common Council, and removable at pleasure. Aaticur Nintn. Chancemen. Src. 1.—A Chanceman, acting in place of a Patrol vo- luntarily absenting himself, without providing a substi- ll be entitled to receive $1 25-100 for each and " ve hours daty which he may per‘orm, which shali be paid to him from the salary of the party for whom he shall be substituted. Sec. 2—In case of excusable absence of the Patrol the Chan oman to be paid by the Common Council, provided, however, that such sbsence shall not continue for more than seven successive days, after which time they must be paid from the salary of the Patrol man for whom they may be substituted. Sno. 3—The salaries of the Patrol to be paid ser ly to the Captains, who, together with the A give bonds io the sum of thrve thontand dollars Sec. 4—The Captains of the Patrol to pay their men in the manner prescribed forthe pay nent of the Watchin section 2, title 3, chapter 16, of Corporation ordinances. Src. 5 —No Chanceman shail be posted for any tour of duty for any time less than 12 hours,and in order to ascer- tain the absentees on the patrol the roll shell be called once in twelve hours, morning and evening. Aaticie Ten. Duties of the Police Officers. The duties of the Police officers being defined by law ne alteration is deemed necessary. Anticur Eveven. Sxc. 1.—Compensation of the officers named in this or- dinance. Special Justices. Clerk: Der snnum, Patrol men Captain Sre 2 —Police oti rd tho same fees as are are now allowed by law, and when sent out of the ennty on public business to be allowed their actual ex- penses to be paid by the supervisors. Ske 3—Ali fees paid by prisoners arrested by the Patrol shall acerue to the Corporation ; and the clerks of Police are hereby authorized to receive from such pri soners the same fees as are now provided for by law for sted by constables and marshals ‘he Board of Appointment shall annually re. port to the Common Couneil the sate of the Pol oe, its Operation, together with such information in possession as may promote the wellare and efficiency ofthe department, and shail also recommen: what, it any changeshould be made in its organization or otherwise ; the allalso recommend such alterations in the com yensatien of any or either branch of the department, as shall tend to graduate such compensation according to the increase or diminution of crima; they shall also re- commend the distribation of small rewards tu officers inguished themselves by extraordinary 5.—All ordinances, parts of ordinances, resolutions, &o. now in force, and inconsistent with this ordinance, shall be and the same are hereby repealed Note.—The time tor the foregoing ordinance to take effect is not provided for. By the proposed plan it will appear that a saving to the city of at Least $25 000 per year can be made without taking into consideration the bene ficral and economical effects of the prevention of crime which it is confitently expected will be brougut about by the proposed change. Alderman Brows thought this plan altogether the best yet presented to the board, and hoped it would be referred to the specialcommittee. Ordered to be laid on the table and printed. Alderman W. Dongs moved that when this Board ad- journs it adjourn to meet on Wednesday next, and that this he made the special subject of the meeting. Hv was for prompt action on the subject, in order to take advan- tage of the present session of the Legislature before it adjourns. Lost. ‘The Report of the Special Committee (AldermanScoles’) was then taken up for discussion. It was read. Alderman Warenmas was in favorof asking from Le- gislature the general power for the corporation to make tor the city of Ne « York such a@ Police aystem as they ne deem proper. Iderman Scores thought that such an application would be unsucc-ssful, and result like the dog’s pursuit ofhis shadow. This wasonthe ground of the jealousy and management o! thecountry members of the Legisia ture, who will be likely to oppose any application of this kind for ‘he sake of coercing the New York Delegation inte their own measures: It was finaily agreed to apply for the full power, and if they could get it, very well—if not, then apply Ifa loaf, or power to pass the plan proposed by the Special Committee. » following plan, section by section, was then pass- is as follows :— AN ACT FOR THE REORGANIZATION OF THE POLICE DEPARTMENT OF THE CITY OF NeW YORK. The People of the State of New York, revresented in Senate and Assembly, do enact as follows: Src. 1. The Common Council shall designate and ap- point one of the special justices for preserving the peace in the City of New York, the principal police magistrate. In addi to the other duties incumbent on seid ma, trate as auch special justice, he shall receive and ti nizance of all complaints made against any of the police office reafter to be appointed, and shall forth- with lay the same before th yor ofthe City. It shall thereupon be the duty of the or, the said princi- pal police magistrate, to proceed to the investigation of the said complaint, and to hear the parties in relation thereto. If, upon such investigation, the Mayor andthe said principal police magistrate shall be satistied that the said complaint is altogether frivolous aud unfounded, it I be diemisse!. T!,on the contrary, they shall deem nt to’ be substantial and well founded, mein writing, with th sir opinion thereon, Common Council, at the next joint meet- ing, and shall be empowered lo their discretion ti the police officer complained against, until the Council have acted upontie matter by the passnge of a resolution to retain or remove the said police officer During the suspension of suc ¢ officer, hi shall cease, and his pay for the period of such suspension shall not be allowed to him, except by a resolution of the Com- mon Council. Seo 2. There shall be appointed by a warrant, t ned by the Mayur, the prieipal pollen magist a majority of the other special justices, police who shall perform all the duties now imposed by any Jaw or ordinance upon constables or marshals, except the service of civil process. It shall be their duty to attend daily at the police office, and obey the orders of the ma- aistrates; and allcrimin@l process shall be served excl sively by the said police officers, it shall slso be the duty of said police officers to act as Sunday officers in such ward as may be designated by the principal police magis- trate, under the direction of the Alderman or Assistant Al. derman ofthe ward in which they may be appointed to act by the principal police magistrate. They shall re- atrol man may, withthe | ceive for thei 1 ervices cil shall designate per annum, in.q! to be paid by the Treasurer, w Comptroller, and no fees or rewards except provided. The police officers fe be appomied ander this ei they may deem proper, as Poliee officers as the Mayor, the yrincipal Police magi- strate, and @ m.jority ol the other special Justices may unite in recemmending as deserving of the some, for su perior fidelity and extraordinary e-ertion ; and if, at the ead of the fiscal year, itshall appear that there has been an important decrease of crime ak compared with the pre- ceding year, the Common Council shall be empowered to appropriate such an amount of money as they May deem pr per, to be equally divided among the said Police officers, ia addition to their regular pay, a8 above pro- vided. Sxc. 4.—Each of the Aasistant Aldermen of the city of, New York is, by virtuc of his offi e, a justice of the peace and may in his discretion exercive ‘mil the powers now r hereafter to be conferred on any of the spe- for preserving the peace in the city of New rk, in the same manner ani to the same extent at the same may now, or at any time hereafier be exercised b} any of the aldermen of tue sautcity. And they may wd minister oaths, or affirmations to depositions, or othe struments to be read in any of the courts of this stat periorm all ether acts that may be perf. rmed by Com sioners of Deeds, Src. 5—All laws or ordinances, or parta of laws or or- ces inconsiste1 h,are hereby repealed. As svon as th ment was passed, or rather approv- ed, @ paper was introduced from the Board of Aldermen, to authorise the Mayor te offer a reward of $250 for the apprehension of the person who this evening shot Charles @ Corties, at the Carlton House, Concurred in. Some little further business was done, and the Board adjourned to aext Monday, the 27th. General Sessions, Before Recorder Tallmaige, Judge Lynch, and Alder- men Smith and Gedney. James R. Wanting, Esq , District Attorney. eH 20,—At the opening of the court, on motion of J. ©. dart, E+q , Jon Lomas was admitted to practice as counsellor and attorney of this court. A Mupsicnt Arraay.—John Gilmartin, a genteely dressed young man, a tailor by trade, was tried om a charge of assault and battery with intent to kill anews- boy named ‘Thomas O'Connor, of 128 Anthony street, on Saturday night, the 4th of February, by stabbing him with a knife. O'Connor testified that wh:le in company with three of his associates, Gilmartin and a man named Michael McGonegal,called them across Anthony street, when one ofthe boys, named Lynch, was assaulted by MeGonegal. who return knocked him down. That Gilmartin then called “watch,” and on witness endeavor ing to escepe fromthe watchman, he pursuee him, and stabbed him with aknife in the right hip. The panta- loons of O'Connor were presented in court, the lining of which was covered with bivod. E}ward Lynch, one of the boys who was present at the effray, stated that they were called across the street as before mentioned, and supposing that McGonegal was going to s nike him, he knocked himdown, and while O'Connor was running, he saw Gilmartin strike O'Connor with hishand. The defence called Michael McGonegal, who was present with Gilmartin. He testified that the boys came across etof theirown accord, and one of them called mn of a bitch,” and a driver of a dirt tailor, testified to the good character of Gilmartin, and also that he never saw him carry any kind of knife, except a small scissors knife that had been left in the store onthe night of the atfray. James Car. boy, testitied that in conversation with the n told that “ Little Dick,’ Lynch, general character of O'Conner aod Lynch was not very good.— The jury, after a short absence, returned a verdict of not uilty. . Passive Counterreit Movery.—Old Joe Dilks was tried for an indictment for forgery iu the second degree in having in his possession a large quantity of counter feit two doliar bills of the Otsego County Banks, with in= tent to pass them. Abraham Carman, shoemaker, of Ninth s'rret, was called by the prosecution. He testified that Dilks o to bim and off-red to sll counterteit notes of the above description at the rate of $15 per $100, and showed him one ofthe notes, which was preduced in Court, and testified to by the witness; that he met D ks at the North American |io'el to receive $270 of the money, but they were arrested before the bargein wag completed. In the cross-examination by Counsellor Ter- hune, he was asked if he had been in the State Prison at Trenton, but the District Attorney objected to the ques- tion. Ovticer Hilliker stated that riaan informed him that Diil 1 offered te | him the counterfeit money, and by am arrangement with Carman, he succeeded, in company with ofticer Parker and Capt. Blouck, in arrest- ing the accused, and a man named Dean, who was in com- pany with a boy ov whora they found $270 in counterfeit rs notes of the Otsego Bank, “The defence called Samuel Pearson, of Newark, who said that all he knew sbout Carman'was that be was tried and convicted for passing — Ditricr Arroanyy —Stop, stop, sir, that won't do Witsess —!he character of Carman was generally bad,and [would not lke to believe bin dh a was his eross-ex- rider oat Dilks tended bar for witness. aj honest of he wouldn't have trust emination the District Attorn:y q oned him very close asto hiv acquantance with Diiks aod the neighborhood of the “Pierson Tron Works,” in New Jersey. Witm stated that he sold ont his tavern in New Jersey after keep. ing itoue yearjand faiied afterwards but had Jot taken the bankrupt law. As the witness was leaving the staud he said to the District Attorney “if you have any doubt about my character, | can refer you to Governor Peo sing on.” Distnict Atrorney —We shail be better acquainted ut some future time, perhaps. Apaanam Canaan was again called to the witnes by the defence. Texnone —How long “id you reside in Newark? ve of your business, (Laughter. Ternnune.— Coe witness bas stated that he never lived in Newark, and we wi-h to impeach him by his own tes e when at Newark? do not know that that isany of your busi hier) Trancne —How much did you get to give the infor- mation about Dias Wrrxese —None of your business. (Lenghter.) The witness here stated that he gave the information to the officers hetore he made the arrangement for the arrest of Dilks, and otticer Rely ea testified that Carman came ‘o him volantarily, aod informed himo! the fact ot Dilks having counterfeit money fer sale, without any reward or favor being held out mining up the c for the wcution, the District Attorney commented with great severity upon the testi f the witness Pearson, who had been called to r Up the character of Dilks, and beat down that of Carman. He likened him to one of the Dilks gang of counterteiters, and dwe t with auch force, that P. arson attempted to interrupt him seve- raltimes during bis remarks. Qa conclusing, Pearson rese, with cousiderable excitement, and said—"lt you want my character, Governor Pennington. ot New Jer- sey, can give it to you betterthan you can” Distarct Atrorn+y—You lave given it to us yoursell, as much as we want of it. The Court charged that the circumstances, as present. ed in the evidence, were strongly against the accused, and the jury, after un absence of nearly an hour, returned a verdict of guiity, and the Court remanded him for sen tence. c. n.—The case of thi ron, who, Mayors clerk, stands charged with zaling the funds of the Corporation, was set down this day for trial. James T. Brapy, Bxq., his counsel, ared in court and presented an affidavit to postpone the irial, om the ground of the absence of Wm. H. Kobinson, formerly Clerk ot Commissioners, who is alleged to be a material witness for the accused. The affidavit avers that Robinson is now absent in Guayama, South America, and that his know- ledge of the charges against him, at connected with the accused, was of such # character, that he could not pro- ceed to trial in safety during his absence. The Distaict Atrosey, with Davio Gnanam, Eq, for prosecution, agreed to waive all thw points of t mony alleged by detence to be offered by Mr. Rebinson, for the purpose of bringing en the trial Mr. Braor still contended that the affidavit as presented was autticient in « legal sense, to compel the court to post- pone the trial until the attendance of the witness could be procured, or his testimony taken by commission. After considerable conversational argument. the Re- corder stated that the court were ready to give an opinion but an intimation ing been thrown out that sel might agree to some stipulations between them selves during the afternoon, they would present it to-mor- row. Upon consultation, the counsel not being able to agree, and Mr. Brady renewing his application, the court pro- ceeded to deliver their opmion. The Reconprr stated that the indictment having been found in November last, it was plainly evident that laches existed on the part of the defence, without going into the particulars of the case, they should decide that the cause must proceed to trial. Mr. Brapy then offered a stipulation, in which it is agreed that no testimony shall be offered against the ac cused except euch as relatesto the barks “Isabella” and George,” and the defence was alto to be confined to the same points. Time wasthen given til! Wednesday to prepare thestipalation in thw form agreed upon and the case will th refore be commenced ou that day, Forrritep Recoasizaxces—The following named per- sons not appearing their recognizances were declared forfeited, and ordered to be proseented forth witk ;— James A. Lusee, of 22 Willett st, hairdresser, charged vith bigamy, bailed by John T. Wyant. Joho Cummisky, indicted for petit larceny m stealin: money from William E. Bird, of 214 Front street—baite: by Joha 8. Mognus, and Ebenezer M. Peck, Esq. Andrew Ribberg, for blacking the eye of Godirey Pal mer—bailed by Wm. Rahmer. The Court then adjourned to this morning at 11 o'clock. Ctreuit ¢ ourt. Before Judge Kent. Marcu 20.—Josiah Howe vs. Pinckn bye in this case was for plamntff, 960 fosiah Howe vs. Simon Shinder.—Th growing out of the same transaction —the which we have already twice reported. This is an action for false imprisonment in the same case. Price Twe Cents. ‘Trial of Command: ‘The court met pursuant te adjow and the preliminary proceedings hi Grek ny, the liber rament, at 10 o’clock, heen deapatched, #68 reealled by the Judge ‘ 7 otleman, day hey He wri. sod ting OF after the writ te Len way He also estified that When the Comgsnder addres. aed the crew, he told (bem thatthe ye ng ou bad died * .e that Spencer was arrested, h was engaged in dia ink into Mr. Delarde’s arm, as eieo Mr. Spencer's. Q—Were you put inthe bag, and if so, by whom? A—I was, by Serg’t and one of the petty officers. It was tied overmy head. Q Ke the Accusep— Did you ever prie¢k the portrait of a female pirate into the arm ‘of Daniel McKinley? A—No, sir; 1 prickeda fe male pirate, but it had the American flag to her. Q by Juoae Apvow.ate—What other men on board heve you periormed a similar operationon? A-—I pricked « fort of freemason coatof arms on the arm of Wales; an rren, and other 1} many othe: Ithought it was a letter which the Commander was writing fer Mr Spencer, because it was like a letter. He asked Mr. Spencer if he wanted to write; at fiat he said no, bu: the second time he seit he ‘to writeto his mother. | heard the word “ mo- but dit not take paracular notice ot what else he had ssid to the Commander. cock was then re.called, but his examination did notelicnt any thing new or important. Joun Kavannan, an apprentice, was next examined, but nothing of tue least interest elicited. Jonw Ramsanpr, one of the youngest apprentices, was next examined, and testified that he heard of mo plot to take the vessel, and saw no ill behavior in any of them, or talk of a rescue of the prisoners. Wa. T. Van Brunt examined—Never heard any body say there w plan to ue the prisoners on board the Somers, ‘The Court then adjourned. witha liein bis mouth. — * On the da Court of Oyer and Terminer, Before Judge Kent, and Aldermen Woodhull end Car- an. Marcu 20.—The following are the Grand Jury forthis term :— Jax H. Cook, foreman. } Breman, Abner B ers. | bert, John IeGarty, Amos Leeds Hilton, E.G Lazarus, am. C. rs Levi D. Slomm, T J. White. Judge Kent made a briefcharge upon (he usual topics, and the court adjourned. . And Brady, Jos. Bishop, Pat ‘ter Duffy, ‘Thos. Dagan, G. Fg- Townsend Harris, Jee. ‘ott, Wn. P. Moss, H. County Court. Marcu 20.—Case of Charles H. Jackson.—Resolved, that this Court is satified from the evidence before us, that thecharge preferred by the New York County Med! cal Society sgeinst Charles H. Jackson, of gross miscop- duct in producing abortion on the body of Susan Skaats, is true; and this Court doth hereby, recording to law, order that the said Charles H. Jackson be, and is hereby expelled from said County Medical Society, end ueclare him for- ever after incapable of practising physical surgery within this State. ¢ County Court passed the above resolution, and ad. journed. Key West. [Correspondence of the Herald.] Key West, March 6, 1848. The Streak of Light, or the Comet. Dear Srr— On the evening of the 8d instant, a luminous ray of light appeared in the western horizon, which has puzzled the brains of the scientific ones, and fur- nished anew theme to a few Millerit Ith been visible every night since, and was more dis- tinct and brilliant to-mght than usual. Commenc- ing at the point of the horizon at which the sun dis appears, it extends ina seuth-rastwardly direction ty an altitude of about forty degrees, formiag with the horizon an angle of fifty-five or thereabouts. It has appeared in precisely the same part of the heaveus every eveving, atabout seven e’clock, and disappears entirely about half after eight. Tte light is not quite as bright that of the moon, batis more like the moon’ light seen through a faint fleecy cloud. What is it ? Professor Olmstead, Yaie College, New Haven. Honorep Sir :— “Can there any good come out of Nazareth?” Ye mighty men of gcience must stoop to the council and reasonings of a poor obscure individual—for I shall publish to the world facts which are little known in your theories! The age of science is nw suffi: iently enligutened to open a new door to a vast fieid, and have its wonders understood and comprehended, after mature comparison and deli- beration Now for facts little known and less understood. — Descend with me into sour well to the depth of two atmos heres, or 67 fert, and you may see stars with the nuked eye at noou day,with a clear atmosphere, any day you choose. Now tke with youa tele- scope, and its powers are astonishingly unproved in cleararss of vision and minuteness of the objects examined, And why 1s all thi-? cause the sun, and ali otherlight# are excluded from the eye, ex- Fra lame object through the aperture to which you jon Now then, to bring this theory into practical use, let os construct an artificial well of thin veneering or boards, covered well wich sheathing or pitched pa- per, Sor 10 feet diameter, and 70 to 80 feet long, placed on «frame and: levated asa large telescope, with an epening in the bottom, tobe closed after admitting your observer and the telescope. With this Daily Scope we may soon determine what the head and tail of our Comet is like Gattuxo, Junror. March 21, 184%, bY Namber tmbell te Destzn on Steet G. Chapman, who pe: saoom—S a few weeks, it with an Orginal d by George ving three dollars per anne will appear with many striking and attrae- ive features, distiawnishrug ic from every O'her periodical. will be published with mew type, on fine paper, aud each num ber wil contaits « beantiful original eugraving on steel, de sned atime tne letter-preas which it invest with peeuli-r int-rest. ony extensive corpeaf eorres- of the talent of this country . rs of France, and for proof from several of the popalar authors of Kugland. With s mate ible feller boarers in the literary v veyard, we hope to the Auerican reader a weekly journal of great value ano aousual ercellence. The of were ames, will be sedulousty avowed The Murror will be remarkable, we hope, ratner for good articles without names, for ponr articles with distingmished aames, It will em- nits scope every department of elegant literature, cot prising tales of romance, sheteh-s of suciety and cvery-day Itie, piquaut ess:ys, d. roes! ud-ne-, Nterary tat nee, wit and hnmor, fs poetry. Ue fine sical aud lus revie.ss of te 1b from some of the best wri " ! aim to fost 1 Awe and comp: ng well as im dit will ever'eel sanvy side of things to \omen eves” ‘The work will be published every Satartar, in oumbers of stteeu large octevo superroyal pages, with doable colnanns closed i 4 ueat ornamental cover. J will form, ‘dnty to be, 10 end of the year. two sup-rb volumes, each of fonr handred sixteen pages, filled with the gems of literature and the fue arts. ry law price ar which 1 jodteal iu th considering hd benury. of ite Fim cand the eof is Viterary con ‘of recery- ge the comme it punctual sent to their adress upon their forwarding to Ne eee at No. 4 Aun street, three dottars, free of etpenss. Letters, evclo sng the amount of subseription, may be frank- ed by all postmak rs, Agents, cariers, and sewsemen, will be Il be rigidly adhered to, without h Editor ve. will obli forward- ing Tieakes reper and by. resuming ‘he ecthaage, hich r had was moeeatol “Grolge 20 C1 tor and . No.4 Ann street, near broadway. AT WHOLESALE PRI pyeia RUBBER SHOES. 53 Maiden ‘Seltrng off'at wholesale prices. gentlesen’s Over s, with Tearher vlea,hoth sheet and elwth rubber, are now selling atthe oaoar aelled iaw prices of $ a i@s over shoes of every variety vad bend at eqoally low prices. These goods are the more rarable and elegant articles to be fonnd, aid tm «ll caves ware rauted, Those wno have vot sea our goods are partiemiarly \avited to call and examine before purchasing. Dou’t forget the rapes, 38 Maides Lave, so aingow & RUNTON { OOK AT Tris—Jaat recs 4 © pts, lot fine double wriih eh \ only a re wile mi ied cavstmeres at Ge 6d; Pirting musiios at 4 cents per Inecambnie wresline attd per dth alapseca lustres, Shenes lot eal only 8 tas lot tab e li ytha at only 7s 6d: ngs, cheat tes to WILLE ich atrect Set store below Spring street. » fine le all pay any or stots. 501 Green ever—aa » stantly reeeivi riptions of t from the end, is sojtment, and at much lent rices, at min the city. Gold watches ae low aches and jewellery exchanged or boughs. All watehes p good time, or the re arved Jewellery repaired in the yauner, and warranted lower than at any pias place ity. O,6. Allen, importer of watches w sale and retail, 30 Wall street, ap mn ime og AND JEWS LLERY lower (naa dire! hataetnrers, ab ed to offer & large: etal, thap a S$: eveh.