The New York Herald Newspaper, July 23, 1843, Page 2

LS TT, NEW YORK HERALD. wee New York, Sunday, July 23, 1843 = [= —_— & Allleiers on businese with this office, and cemmuniecations intended for insertion, must be idressed as heretotore to James Gorpon BaNnett, ditor and proprietor of the New York Herald. The Case of the Scoteh Murderess, We yesterday gave the decision of Mr. Commis- ioner Rapelyea in this case, whereby he reported 'o the President that the prisoner is @ proper subject to be given-up to the British authorities, and now we proceed to give the subsequent movements in relation thereto. The Commissioner dispatched hie report to the Executive and the prisoner was remanded to her place of confinement, there to be kept until the President has taken such steps as the necessities of the case may require. Mr. Warner, he prisoner’s counsel, however, notwithstanding the unfavorable decision of the Commissioner, has not relaxed his exertions in behalt of his client, and being of opinion that such a case has not been made out against heras the treaty of Washington and the laws of the State of New York require, to warrant her delivery to the British officers, he has applied to Mr. Recorder Tallmadge for a writ of habeas orpus. ‘The tollowing is the petition on which the appli- tion was Dased :— To tue Hononaste Faepenicn A. Tattmaner, Re- conpe® or THE Crry or New Yoru :— he petition of Thomas Warner, of the city and coun- ty of New York, residing at No. 20 Duane sire torney and counsellor at law, humbly sho} y Honor—-That Christina Cochran, alias Ch ina Gil. mour,of that part of the Kingdom of Great Britain and Ireland called Scotland, lately arrived in the barbor and city of New York, as she hada lawful night to do, and with the purpose of residing in the United States of Ame- rica, as she had and has lawful right to do, without let ur ertheless, upon some complaint made to Silvanus Rapelyea as a commissioner of the United States, your petitioner shows tbat the said Rapelyea assumed as such commissioner to act under the tenth article of the aty of Washington, concluded at Washington on the day of August last past, by and between Her ) y Quees Victoria andthe President of the United States, ithough said article of said treaty had not been made effectual, confirmed, enacted or acted upon by Congress, © AS to Vest in said Rapelyea, as such commissioner, avy judicial power to proceed under said article of said treaty in any Manner howsoever; and so assuming to act under said article of said treaty, the said Silvanus Rapelyea, without authority of law, issued a warrant to the Mar shal of the United States for the Southern District of New York, directing him to arrest the said Christina ochran, alias Christina Gilmour, and to keep her in ustody until the further order of said Silvanus Rapelyea, and thereby the said Christina is uniawiully restrained ot her liberty, and unjustly detain. din custody by Silas M. Stilwell, the Marshal of the United States, or Mon. mouth B, Hart, or James Thorn, under the order of arrest nd commitment issued by said Rapelyea as such com- nissioner: ur petitioner further shows that the said tenth t is agreed that the United States and Her Majesty shall, upon mutual requisitions by ir ministers, officers, or axthorities, respec- ively made, deliver up to justice all persons, who being charged with the crime of murder, or assault With intent © commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek'an usylum, orshall be found within the territories of the other, provided that this shall only be done upon such evidence of riminality, as according to the laws of the place where fugitive or persom so charged shall be found, would fy his epprehension and commitment for trial, if the or offence had there bi committed ; and the re. tive Judges and other Magistrates ofthe two govern: ts shail have power, jurisdiction, and authority, upon complaint made under Oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such Judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and ifon such hearing the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining Judge or magistrate to certity the same to the proper executive authority, that a warrant may iasue for the surrender of such fugitiv ‘The expense of such apprehension and delivery # borne and defrayed by the party who makes the requisi- tion and receives the fugitive. That if the said article had been made effectual by enactment of Congress, and said Rapelyea as such Com. missioner, were authorized by the laws of the United States to act as a magistrate in carrying into effect said article, his certificate by the terms of the treaty would be conclusive upen the President of the United States, and as no appeal could be taken from the decision of such Commissioner #0 acting as a magistrate by reason of the absolute obligation of the treaty requiring the President to deliver the (ugitive person charged upon certificate of any magistrate. Your petitioner humbly represents that the said Chris- na, in the peculiar circumstances under which she is ed by an officer acting without the authority of law, and without right ef appeal or revision of said Rapelyea’s proceedings, is exposed to unlawful and tyrannical pri- Vations of her unquestionable right te dwell in this land of freedom, and under the protection of its laws. And your petitioner further shows that the process of said Rapelyea is in the words following:— To the Marshal of the United States for the Southern District of New York, and to his deputies or any or either oftbem. Whereas complaint on oath hath been made to me charging thet Christina Cochran, otherwise Gilmour, did on the second day of June, 1842, abscond and fice from instice, and is about to arrive at the port of New York, the said Christina Cochran, otherwise Gilmour, havinj been charged with the crime of murder in Scotland, an¢ sufficiont evidence having been laid before me as would justify the apprehension and commitment of the said Christina in the place where the alleged offence was comm tted.” Now, therefore, you are hereby commanded, in the of the President of the United States of America, to whend the said Christina Cochran, otherwise Gil- mour,and bring her body forthwith before me, er some ther Judge or Justice of the United States, or United es Commissioner, ora Justice of the Peace, or other magistrate of the State of New York, wherever she may be jound, then and there to be dealt with according to low for the said offence. Given under my hand and seal this 21 day of June, inthe year of Lord one thousend eight hundred and forty-three, and of our independence the sixty seventh. SILVANUS RAPELYEA, [u. 5.) United States Commist er forthe Southern District of New York. That said process is not issued by any Court ef the United or sny Judge thereof, nor have thi Courts or Judges of the United States any exclusive ju: diction in the case, or supposed case of said Christi nder any lawsof the United States, nor has the said apelyea, as such commissioner, any jurisdietion by en- ng said complaint or issuing his said warrant, or unlawful or unautoorised arrest end detention of hristine. And your petitioner farther shows that cause or pretence of such confinement or restraint in dy, to the best knowledge and belief of said Chris tina, and of your petitioner, is the suspicion of her hav- ing committed the crime of murder, which your petitioner humbly shows to your honor, was not sustained before said Repelyea as commissioner by any legal proofs what- ever, and nevertheless said Rapelyea has certified under said treaty to the effect that she is a ‘ugitive person with- n the provisions of said article of the treaty, and there- ipon the President of the United States will be constrain- ed to deliver her, the said Christina, into foreign cus- and she will be carried away from the United ates Whereupon, your petitioner in behalfof said Christina, who is now in Close custody in the debtor’s jail, in El- drige street, in thecity of New York, humbly prays thet the people’s writ of hubeas corpus, ‘may be issued in due form of law, addressed to said Silas M. Stilwell, Mon. mouth B. Hart, Sheriff of the city and county of York, and James Thorn, keeper of said prison, directing them or one of them forthwith to have the body of the said Christina before your Honorat such time and place as your Honor may appoint; and then and there to produce the warrant of commitment, under which said Christina in held in custody, and in prison: and to show the true cause of her seid apprehension and detention according to law in such case provided THOS. WARNER Signed ity and county of New York, ss—Thomas Warner of said city, being duly sworn, doth depose and say that he is the petitioner in the above written petition, and t the contents thereof, and the facts set forth in the suid petition are true. New Signed, THOS. WARNER. Sworn the 22d dey of July, 1843, Before me, Signed, F.A. TALLMADG The Recorper acceded to this application, and sued the writ, which will bring all the parties be- tore himon Wednesday next. In the meantime, Mr. Warner proceeds to Washington to lay all the tacts of the case, and his views thereon, before the Executive, for the purpose doubtiess of interceding with the President to delay the iseuing of the wi rant for the prisoner's surrender, until the case can be brought before other authorities for argument than that which has hitherto passed upon it. The Petition and Remonstrance to the President was in the following terms ;— To His Excellency John Tyler, Preesdent of the United States of America !— ‘The Remoustrance and Petition of Christina Gilmour, humbly shows that your Remonstrant and Petitioner is the same person described and proceeded against before Silvanus Rapelyea, a Commissioner of the United Btutes, appointed under theact of Ist March, 1817, within the Southern District of New York, whoon yesterday, *t dey of July current, made a certificate to tne ef. ‘thet your Remonstrant and Petitioner isa fugitive from justice,from the United Kingdom of Great Britéin sod ireland, and ought to be delivered to some officer of Her Majesty, Queen Victoria, tv be taken away from the United States, and dealt with in said kingdom, as @ per gon charged with tbe crime of murder. Whereupon, your Remonstrant and Petitioner, humbly shows that all said proceedings have been instituted and conducted as she je advised, without due authority of lew according to the constitution and laws of these United @ates, and without any right cn the part of her majesty Queen Victoria, or any offer acting under her wuthorit prive your Remonstrant ap Petitioner of her just and legal right to romain free and unrestrained in these United States! * +the batter to eneble your Kxoslieney te und 4 ee morte Of her remenatrance end potion, wae Curation humbly shows and submits to your Excellen- First—That there has been no requisition made upon the Government of the United States or its officers in any proper form of law, to warrant any s whatever against her. Second—That tnetreaty of Washington, made the 9th day of August iast, under whieh it is pretended, that seid Christina is liable to be arrested and proceeded against and sent away to the kingdom aforesaid, has not been made effectual to this end by such prerequisite legislative enactments of Congress, as can alone authorise her arrest and delivery as a fugitive, within the scope of that trea ty. Third—That by force of the Constitution of the United States the ju iciary power of the United States was, and is, vested in one Supreme Court and such inferior Courts as Congress should from time to time ordain and establish: That Congress has not ordained and establish- ed any Court with jurisdiction over such cases es your panne, and especially Congress has not authorised any ‘ommissioner to act thus judicially upon thejcase of said Christina, and she submits that Congress has no power under the constitution to vest any such judicial authorit; in any commissioner, but only in a court properly so call- ed and constituted court of record, whose proceedings may be revised by t of error or of certiorari, and her case be brought to the knowledge for revision and deter- mination ofthe Supreme Court, whose protection, under the laws of nations, she hasan indefeasible right to claim even against the express provisions of a treaty, ifsuch had and ought to depriveany of the subjects of Great Britain oftheir right to such protection in a foreign land from the highest judicial tribunal of that land, inasmuch as no such treaty could divest subjects of Great Britain of their rightto personal liberty in a foreign country under the laws of nations for offences charged as coiamitted in said kingdom, until the Parliamentot Great Britain shall have sanctioned such treaty, to this effect,which as yet has not been done; and in mean time the Supreme Court of the United States is bound to protect your petitioner's personal liberty against such arrest on such imputed charge of crime according to the Jawsof nations. And your peti- tioner avers that she is innocent of the crime laid to her oharge,and claims the protectionef United States accord- ing to its existing laws and the laws of nations. Fourth—That your petitioner's arrest and restraint of liberty has been and is unlawful, even if the treaty were operative and effectual per se; because there has been no proper requisition made for her arrest and delivery, according to its manifest provisions. Fifth—That the treaty does not include female fugitive peesene but is limited in its operations against males only. Sixth—That even if the Commissioner, said Rapelyea, was authorised to act, the proceedings betore him were not founded upon any documentary evidence that the po- lice officer named therein as a witness had not any autho- rity whatever to apply for and obtain her arrestor to re- ceive her in custody. Seventh—That the proceedings of said Rapleyen were illegai and exceptionable, in this, that he admitted evi- dence against her not preper to be admitted according to law, ou primary examinati ns, according to the laws of the United States. And that the said Commissioner re jected evidence in exculpation ef your petitioner, which he eught. according to the iaw of the iand and of the State of New York to have received and considered. But refused to do so. although her counsel, Mr. Warner, in- ted upon her Jegal rights to this effect, before the said ner; an ti position ; and your patitioner humbly submits, that if your Excellency, by the terms of the 10th article of said treaty, is bound by the certificate of said Commi er, and Cannot revise hii your petitioner is de- prived of her liberty against the laws of natiens, the laws of England, and the laws of the Wnited States. Wherefore, your remonstrant ‘itioner humbly Excellency will disrey e certificate of ras a nullity, and an act on his part au horised by law, and direct your petitioner to be discharged forthwith from the custody in which she is now held, and suffered to go at large, asiaher right. And to this end, that your Excellency will allow her counsel, Mr. Warner, to be heard befere your Excellency, or such officer of the Government of the United States to which the proceedings im her case may bereferred. And as in duty bound, will ever pray. CHRISTINA GILMOUR. Dated July 22, 1943. __ State or New Yorx, City and County of New York, 5 ** Thomas Warner, of said city, counsellor at law, being duly sworn, doth depose and say, that the et forth in the above written remonstrance and petition are true. Sworn this 29d day of July, 1843, before me. T. W. Thus th®icase now stands. Mr. Warner left this city for Washington yesterday afternoon, and may have an interview with the President and his law officer, the Attorney General,to-morrow. The Pre- sident, it is highlyprobable, will accede to Mr. War- ner’s petition for delay, for he may desire to hear Mr. Warner fully on the subject, and Mr. Warner must necessarily return to this city to argue the case on the return of the writ of habeas corpus, on Wednesday. He will state thisfact, then, to the President, and the President will adjourn the argu- ment to a future day, so as to allow Mr. Warner to appear before the Recorder on Wednesday. If Mr. ‘Warner succeeds there, well; if not, he returns to ‘Washington, and it is within the bounds of possibili- tythat a cabinet council may be held on this impor- tant case—important, inasmuch as it is the first under the treaty ; and the proceedings thereon will in consequence become the precedents in all future cases—but important further, because Congress has not passed such a law as would incorporate the provision of the treaty, which is applicable to this case, amongst the statutes of this Confederacy, and supply the machinery by which it can be carried into effect. The case presents many difficulties, and great in. terest is felt in its disposal, respecting which, we shall report at the earliest possible moment. Tuer Mysterious DeatH 1x WILLIAMSBURGH.— In the Herald of Thursday week we gave a report of the evidence taken on a Coroner’s Inquest at Williamsburgh respecting the death ot Robert Whitford, an Irishman, who was found with his throat cut in the bed of Edward Nix, with whose wife Whitford had had an improper intimacy, and wethen stated that many ramors were in circula- tion which showed a dissatisfactiqn in the public mind with the verdict of the Coroner’s jury, that the deceased had committed suicide. It appears that the subject has not been allowed to slumber from that period to the present, but further evidence has been sought to throw light on the mysterious subject, and with what result we know not further than that yesterday morning a warrant was issued by Squire Parrish, of Williamsburgh, by virtue of which the village marshal, Runcie, arrested Ed- ward Nix atthe store in which he is employed, in Maiden Lane, in thie city. oa the charge of mur- der. He was taken back to Williamsburgh in cus- tody of the officer, and was committed to the cells, there to await an examination on Monday next. We learn that the District Attorney of Kings Co. has been requested by the Justice of the Peace to be present on the part of the State, and the prisoner will have the legal advice of Mr. JonnCooke. The warrant, we believe, was issued on information given by a stocking weaver, named William Way- men, who worked with the prisoner at that busi- ness, at Nottingham, England, whence they came to this country and have kept up an acquaintance at Williameburgh. Amongst other things, Waymen states that previous to the death at Whitford, Nix had told Waymen that he would take Whitford’s life; jealousy was the cause; and the prisoner was often heard to say that he should come to be hanged sometime or other on his wife’s account. Admis- sions subsequent to the death of Whitford, we un- derstand, will also be given in evidence,but we can- not give them satisfactorily until they are taken on oath before the examining justices. A@ricurural sENCE.—We are much gratified in finding that agriculture begins now to be more generally studied as a science in this country. Many valuable works on the subject now issue from the press, and are extensively read and studied. Among them, one of the most important and instructive,is a republication of Professor Johnson’s Lectures on Ag- riculture, which has lately been commenced by Mi- nor and Saxton & Miles in this city. In republish- ing these lectures, at a price within the reach of all, a very valuable and important service will be ren- dered to the agricultural community. We are hap- py to perceive that the desire to possess large tracts of land, without the necessary means of properly cul- tivating the same, is subsiding. By a judicious ap- plication of skill and science, and a more enlighten- ed and enterprising system of husbandry, a small farm may be made not only to yield more than one of « much larger size, but without producing that ex- haustation of soil which has affected whole tracts of land in sections of country formerly fertile and con- taining vast capabilities of production. To the prac- tical man, the reasoning and facts of Professor John- son cannot fail to be of the greatest advantage ; and they are given in sucha plain,\simple form as to be fully comprehended by all. Hissor Doane, of the New Jersey diocese, has issued « manifesto declaring his “ unwavering con- fidence in Doctor Pusey’s faithfulness to the stan- darde of hie Church, and hie integrity as a Catholie Ch olmman,!* Tue Pusryrre Conrrovarsy.—Elegantly printed, and cheaply got up as the numerous editions of Dr. Pusey’s celebrated sermon are, yet we donot ven- ture much when we hint our belief that they wil) not be asextensively read as they ought to be. Trunk-makers and clergymen know full well that sermons put up in the form of pamphlets, don’t get devoured by the public in very large quantities. Now, there have been a great{many sermons pub- lished, whose best destination was perhaps the work- shop ot the trunk maker, or the grocer’s counter; but this of Dr. Pusey’s most assuredly is not of the number. It ought to be read, and carefully read, by all who wish to obtain an accurate idea of one of the leading points, in a controversy which already agitates the religious woild from Dan to Beersheba; and which promises to produce results equal in mag- nitude to that revolution in the religious opinions of Christendom, which will operate on the minds of men to the end of time. Dr. Pusey holds, it will be seen, the doctrine of transubstantiation, or the “ real presence,” as pre- sented in the creed of the Catholic church. He be- lieves that the sacred elements are the real body and blood of the Saviour of men; and also the he- reticaldoctrine that remission of sins is connected withit. So, careless reader, turn not up thy nose at this dish of choice theological fare, but sit down quietly and read it, as you loll on your luxurious sofa, or ay youwoo the refreshing breeze at Long Branch, or Fort Hamilton, or our own Hoboken. And you, student of the progress of freedom of opinion, you need no invitation to the not unprofitable work be- fore you. All of you have too often spent an hour of a Sunday much more unprofitably than that which you may occupy in the perusal of this dis- course. Tue Late Fire at Sine Sina Prison.—A va- riety of statements have reached us respecting the fire. Several of them have been anonymous, and of course did not meet much attention from us. We have been at last furnished, however, with the offi- cial statement of the Inspectors. Here it is:— Stare Paisox, Moont Purasanr, i July 91, 1843. ‘The Inspectors of this prison, having observed in seve- ral of the public prints erroneous statements in regard to the recent fire among the buildings, beg the favor of your columns for the purpese of correcting those er- Tors. The fire occurred on Wednesday, the 19th, a few mi- nutes aftertwelve e’clock. It broke out in a small shed, in which one of the steam engines was enclosed. Every thing being very dry, and the men having all retired from their work for dinner, the fire spread with great rapidity, and, before it was srremec, damtroy ea one wing and part oltne centre of the middle work shop. _ ‘The loss to the State will not exceed eight hundred dol- lars, while to the contractors it will be more. ‘The fire was the result of accident, and not design. It was caused by the engineer's having carelessly leftsome shavings near the furnace, when he shut off the steam for the noon speil. At the time the fire was first discovered, the convicts were all in their cells. About four hundred of them were immediately let out and set to work to extinguish the flames and save the property. As soon as they became fatigued, they were returned to their cells, and others were let out in their places. Allof them worked well, faithfully and cheerfully. "There was no insubordination among them,nor any signs of it. No attempt at escape was made, nor any disobedience or unwillingness to work any whereamongthem. They could not have labored harder er more cheerfully ifthey had been ent ly at ecg 4 andhad beea working to save their own property. By their exertions, the fire was arrested when in the most combustible part of the building, and when they ceased they returned, without a murmur, to their cells. The Board were not without apprehensions that som: attempt at escape might be made during the confusio: There are no outer walls tothe prison yards, the between the inner and outer yards were open, and citi- zens from the village were running in and out at plea. sure, and mingling freely with the convicts, yet the pri- soners, without any exception, evinced admirable order and subordination. J. W. EDMONDS, HENRY ROMER, THOS. BAILY, THORNTON M. NIVEN, ISAAC BIRDSALL, Inspectors. This is quite a different story from that at first prevalent in this city. But whether the fire was the work of an incendiary or not, the fact is undeniable that there is an abselute necessity for a thorough and searching examination by competent and dis- interested parties, relative to the present discipline and general condition of the prison. Tux Sreretary oy THE Navy.—The Boston Times says that the Hon. David Henshaw has so far recovered his health as to be able to leave Bos- ton last Thursday for Washington We have seen no notice of this in any other Boston paper than the Times, nor have we heard of the Hon. Secretary in this city. The probability is that a paper, which is able to report the arrival of a Count and Coun- tess, is equally able to report the departure of a Se- cretary and suite. P. S- Since the above was in type, we have as- certained that Mr. Henshaw passed rapidly and noiselessly through the city, on his way to Wash- ington last Friday morning. Hon. J.Q. Apams.—The venerable Ex-President, says the Montreal Gazette of the 20th, and the party of relatives and friends travelling with him, return- ed yesterday morning from Quebec. During the day they had an opportunity of seeing whatever was worthy of notice in Montreal, and also received the visits of many ef our citizens. Mr. Adams leaves town for Kingston to-day, at twelve. Broap as 1T 18 Lone.—There is a race now to be runin Alabama that is at present quite as broad as itislong. For Dixon H. Lewis, the broadest man in that State, is running as the Loco Foco candi- dete against Col. Henry C. Lea of Perry county,the tallest man in the same State. Two to one on the big ’un. Cotumpta Cotiece.—At a meeting of the Trus- tees of Columbia College, on Tuesday afternoon, says the “‘ Churchman,” the Rev. Charles W. Hack- ley, A. M., was elected to the vacant chair of Ma- thematics, We congratulate this ancient and vene- rable seat of learning on the accession to her facul- ty of one alike distinguished for scientific attainments —general scholarship, success as an instructor, and high moral worth. Professor Hackley filled the same chair, a few years since, in the New York Uni- versity ; and subsequently became the President of Jefierson College, Mississippi. The best wishes of many attaehed friends accompany him in his eleva- tion to this dignified and responsible post. Vintainovs SattreTre.—“‘Saltpetre,” says the N. H Patriot, “is as fatal to swine as arsenic to man. Our foreman last year salted some swill with refuse salt, which had been taken from a beef bar- rel and stored away; within twelve hours two out three which ate of it, died, and the third was much injured.” We must beg leave to doubt its fatality as against the ewinish race, and to recommend that a course of experiments be tried with the drug upon the herds of hogs now running at large through the streets of the “Empire City.” If the trial shall prove that saltpetre will kill an ““Empire City” hog, then we’ll believe that it is powerful enough to kill any hog that ever squealed Mass Democraric Strate ,Convention. —This Convention will be held at Worcester on Wednes- day, 13th Sept. next, to select candidates for Go- vernor and Lieut. Governor. Max Bonrer.—This celebrated artist arrived in the city on Friday evening. He left last evening in the boat for Albany, on his way to Saratoga, where he will give a concert sometime in the course of the week. From Saratoga he will proceed to Can- ada, visiting Kingston, Montreal,Quebec, and other places. In the winter he will again visit New York, and spend another year in America. Mr. Rakeman left him at Cincinnati, and is now rusticating some- where in the country. cg Mad. Castellan gave a Concert in Philadel. phia on Friday evening. OMr. Russell gave a Cencert at Saratoga last evening. The Rey. Mr. Carey, about whose orthodoxy #0 much controversy has arisen, will preach this morn- ing in the Episcopal Church, at the corner of Thomp- son and Pringe streets, He will now doubters be« oome the lion of the Hiomty Imrontant yrox Navvoo.—We have received the following very graphic and entertaining letter from the new Jerusalem. It gives us a de- scription of occurrences of which we have had va- rious and conflicting accounts: {Correspondence of the Herald.) Great excitement at Nawvoo— Arrest of the Prophet— His discharge and triumphant entry into the Holy Caasee. Navvoo, July 3d, 1848. James Gorvon Bennetr, Esq:— Deak Sir:— ‘i f Considerable excitement has prevailed in our city for the last week, in consequence of another effort on the part of the Missourians to take our beloved fellow citizen, Joseph Smith, and drag him to that State for inevitable destruction. Gov Reynolds of Missouri, a short time ago, made a demand upon Gov. Ford of this State for the person of Joseph Smith, charged with high treason against the laws of Missouri—and having fled from justice, Goy. Ford issued his writ, directed to one Harmon Wil- son of Carthage, Hancock county. Mr. Smith happened to be on a visit at the time te see some of his relatives near Rock River, about 120 miles from this place. Wilson got news of his, whereabouts, and went up and arrested him, having along with him a Missouri officer, with whose aid he attempt- ep to rush him clandestinely through the country to Missouri, before his friends could be aware of his situation; but in going through the town of Dix- ‘on, some disinterested and good feeling citizens ap- rehended foul play, and took the responsibility of forcing the officers to allow them an interview with Smith, when, atter finding the situation he was in, assisted him in getting a writ of habeas corpus pre- paratory to a discharge. ‘Lhe writ was returnable to one of the Judges of the Circuit Court, and not finding any Judge in that region of country, they started with their prisoner for the city of Quincy.— Inthe meantime, messengers had been despatched to Nauvoo, and a company numbering a hundred and upwards immediately started for the ecene of action, most of them witnesses. who. had been through the Mormon war in Missouri, and who went forthe purpose of giving testimony, it heii understood when they started that the trial woul be at Ottaway, to which place they were going when they met Joseph Smith and the officers, who had by this time become prisoners also, and held to bail upon charges arising from the outrageous man- ner in which they arrested Smith, and the effort to abduct him from the State. The escort has now become quite large and very respectable, as some distinguished lawyers and other influential men in the country through which they passed had volun. teered their aid, and declared in Joseph Smith’s ta- vor. The General (as we will begin to call him now, for reasons which the sequel will show) began to think that the officers had had the fun all to themselves, and had done as they pleased by assum- ing the chief command—and the company had now got too large to be commanded by subalterns when the Lieutenant General was on the ground propoe- ed torelieve them awhile, and ordered the line of march to be taken up for the City ef Nauyoo. The officers finding themselves in the situation of the potent Turkish Pacha, who went to take Arabia, and got taken himsell, began to tremble, like Bel- shazzar, and implored the General to save them from harm, wnich he pledged himself to do, and faithfully has he redeemed the pledge. - On Friday morning last it was made known in the city that the General and escort were aperoaching the city, when hundreds of our citizens prepare themselves with horses and carriages, and went out on the prairie to meet him. The procession had not got beyond the suburbs before the General and his company were in sight, when, by the direction of Gen. Hiram Smith, the prpcesriog was arranged each side of the street to let the approaching caval- cade pass through the line, when General Joseph Smith rode through the line of citizens. The sweet tones of music that rose upon the air—the waving of banners unfurled to the breeze—the greeting of ladies and gentlemen on every side, with countenances beaming with joy for his safe re- turn, must have given him conclusive evidence how well he is beloved and respected by all who know him, both Gentiles and Saints, and with what alac- rity they would fly to his aid when in the hour of trial and tribulation. I ucece. whether Prince Robert Tyler’s father, the President, met witha re- ception in either of the Atlantic cities that would compare with the reception of Joseph Smith on Friday last, either in the manifestation of that un- alloyed friendship, the golden chain which binds society together, or in the respectability and num- bers of those who composed the escort. A wnit of habeas corpus was issued by the Mu- nicipal Court of the city, and on Saturday it was ueard,and Joseph Smith discharged. Evidence was introduced to show that there was a misnomer in the writ—that he had never fled the justice of the State of Missouri, but that he with all of his fol- lowers were driven from the State by the action of the people of Missouri in pursuance of the _exter- minating order of Gov. Boggs, and that Joseph Smith had never committed treason against the laws of Missouri, but had exercised the greatest de- gree of forbearance on all occasions, for which his tollowors complained of him when the ruthless band of bandit attacked the homes and firesides of innocent and unoffending citizens. 1 must con- fess that I never heard such a heart rending detail of high handed and heaven-daring crime and enor- mity as was adduced in testimony on this occasion. The citizens of Missouri can certainly claim the merit of having expelled an innocent body of people from their soil, attended with the most savage deeds ot barbarity that has ever been committed in the civilized world—helpless citizens manacled, thrown in prison and ted tor days upon human flesh, and thatthe flesh of their brother Mormons, even the recital of which is too much to be borne by an American freeman—the waters of the Mississippi and Missouri may lave her shores through all eter- nity and not wash out the stain from her dishonored soil—it willrequire another element more terrible to purify her, and the secret of her continued perse- cution of Gen. Smith is nothing more or Jess than thie—they know that they deserve the punishment due to their crimes, hence the anxiety to destroy the lite of the organ through which they fear retri- bution will come. They well know they have nothing against Joseph Smith for which he deserves punishment, and public opinion is getting near right in that matter. The citizens of Illinois are well enough acquainted with the facts not to Jet one of her best and most useful citizens be dragged off with impunity to satisfy the hellish appetites of a few fiends incarnate in the State of Missouri, and I be- lieve there are many who are not Mormons ready with me to swear by the God that made Moses that he shall ee Pe if we can prevent it. The ex- citement and fears of the people are all now allayed, and we apprehend no more difficulty for the preeent. I shall apprise you of other interesting matters in due time. Yours. A GentiLe. A Great Nuisance. Mr. Epiton :— The vaults in the rear of buildings situate between Nas- sau and Broadway, ‘north side,” are a great nuisance. Will you please call the attention of the“ Inspector”? ours, A CONSTANT READER. July 19, 1848. Niblo’s Garden, Mr. Epiror :— Allow me, through the medium of your valuable jour- nal, to ask our worthy and respectable friend Mr. Niblo why the most beautiful operas that have been present to us this season are 80 soon laid aside for other pieces. The company undoubtedly deserve credit fer producing 80 great a variety in the short time they have been in the and it certainly proves their untirin, dustry and remarkable versatility of talent, but we have been per- mitted to listen to the music of the Pre aux Clercs and the Diamonds dela Couronne just often enough to begin to appreciate the composition of their authors, and become somewhat familiar with their sweet airs, when they been removed. All the operas already brought out are most excellent, and the musical public will long remem- ber the pleasure this celebrated company has afforded them. | k the wishes of many of the frequenters of Mr. Niblo’s Garden—especially the temale portion—when T respectfully ask fora repetition of those pieces. A LOVER OF MUSIC. [We have such supreme confidence in the infalli« bility of Mr. Niblo’s judgment, backed as it is by the sound experience and taste of John Sefton, that we are rather at a loss to say anything about this matter. Our correspondent speaks very sensibly, but after all we think Niblo is right. If he hadn’t given such variety, the fickle public would have squeaked terribly, and swore that the company had no talent. In this case, then, we are disposed to say with the metaphysical poet, “ whatever is, is right.”} Joun Strpett, the successful candidate to Con- ress from the first district in Louisiana, is an elder brother of Alexander Shdell Mackenzie, late com- mander of the United States brig of war Somers. Broruer Minusr’s Heauru.—A letter from his son, Wm. S. Miller, postmaster at Low Hampton, dated July 10th, says :— Father is recovering fast from his illness. He was able to spenk a part of the day yesterday, giving us an exposition of the second chapter ot Joel. He will soon be able to be in the field again. (kj The True Sun says that “coat” of Mr. Cush- ing’s did not cost $70®, but $105. G@ Margaret Bishop is preaching in the streets of New Haven. ccmqenonecevuneenanenerte A Wua.e Tracwine 4 Taume.—A dancing mas ter in Albany by the name of Whale in teaching lit- tle Tom Thumd ve dance. Cnty Passina Srunious Mongy.—Emeline How, was com: mitted on the affidavit of Benjamin J. Chambers, No. 202 Pearl, and Robert M. Patrick, No. 410 Pearl st., for at- tempting to procure from them, change for a $6 bill, pur- Porting to be of the Farmers’ Bank of Cattaragus county, No, 842, dated June 4th, 1843, at four months after date, signed James Willey, President, and John King, Cashier. ‘The vignette is a rurelacene, representing a maiden seat” edin the midst of sheaves of wheat, with a reaping hook in her right hand; behind her the handlesof a plough are seen—while to her left in the rear, two cows are placed, the onein a recumbent position, the other grazing. The name ofthe place from whence it purports to be issued, is Ellicotvilie, which is in large capitals. There are anum- ber of those bills in circulation, which are very general- ly used by the “Droppers,” and others et the same class. Rossenr in Oaanoe Sta xet—On Friday Charles Augustus, a seaman, bo: at the Home in Ch street,was saiolling sldar Orange street 4 courtezan of that sink of iniquity, “The Five Points, named Moore, clas; him in her arms, and while coazing the unwilling Jack, she felt in his jacket pocket 11 of money tied in a knot ef his handkerchief, s0 she slipped it out, and was making off when he seized her — She called to her aid a stout bully, who struck Augustus lent blow in the face, causing him to reling grasp of the girl,in order to detend himself, when cond fellow rushed on him and being overpowered, he fled; a watchman coming to his rescue, met the girl, and arrested her, and on searching her, about $80 of the $46, was found in her possession, which Augustus recognized as ot his money—the bills being three fives on the Bank of the State of New York, and several ones on the Leather Manufacturers’ Bank. The bullies escaped, but she was fully committed on a charge of robbery. Very Proren.— One of the unfortunate tribe of Broad- way Gipsies, whose name is Eliza Smith, was arrested by awatchman, while exhibiting her harlotry in a most public and disgraceful manner in the Park. ‘The mi trate on hearing the case, sent her tothe Penitentiary for two months to punish her, and for an example to her tribe to avoid such exhibitions in our public places for the fu- ture. Ifthe city watch would be a little more alert and determined, auch scenes would not be almost nightly witnessed by our virtuous citizens. Founn Drownep.—An inquest was held at the house of Mulligan & Clark, on the corner of Warren and West streets,on the body of anunknown man, which was found floating in the slip atthe foot of Warren street. — The body was that of a man, apparently about thirty years of age, nearly five fest eight inches in height, ra- ther slender. It was dressed in a fustian roundabout, no vest, dark sattinet ts, cotton shirt and slippers. Ver- dict, found drowned. The body lies at the Dead House for recognition. Disonperty Hove) arrested aud held to bail in the sum of $500 to answ: the next Court of General Sessions, to a charge for keep- ing at No. 21 Anthony street a fpctoringe ae yt where impreper persons of both sexes were allowed to resort, and carry on their libidinous practices. Several of the unfortunate females, among whem was a married womamy were sent to the Penitentiary for two months as vagrants. Drownep wmice Batuina.—Yesterday morning, about ten o’clook, the mate of a vessel lying at the foot of pier No. 11 East River, observed a young boy about 18 years of age, strip himself in a boat alongside the wharf, and jump into the river, but suddenly disappeared. He watch- ‘ed fogsome time, but the boy did not rise to the top of the water and was drowned. His clothes, consisting ef an old leghorn straw hat, narrow striped cotton shirt, blue and white cotton p: and a pair of Cobourg shoes, were tound in the boat and taken to the Police office, where they can be seen by any person who may have lost a son or relative answering this d ion, Retaxen.—A convict named John Frazer, who was it up to the Peniter ery by the Recorder for a term of six months, one of which he had served out, managed to escape by some unknown means a few days since, but re- turning to his old haunts, was again arrested and sent back yesterday to undergo the usual punishment for such an offence against the discipline of the Island, and to serve out the full term of his sentence. Stea.ixa sy THe way.—As Patrick Smith was passing sti along Barro’ he observed two sh skin mats, valued at $5, hai 1g on the front railing of No. 48, the house of Mr. Charles Edwards, and slyly slip over his arm and sloped, but a domestic who h mane »vre,followed and came upwith him at the corner of Sixth avenue and Fourth street, where sine seized hold of him and with the aid of some citizens had him conveyed tothe Upper Police, where he stands committed. Crry Parson, Weexcy Retuan.—Keepers return of pri- soners committed, discharged and remaining in prison on Saturday, July 22d, 1843:— Whites. Blacks. Male. Female. Male. Female. Total. Committed, 158 82 6 4 250 Discharged, Pry 3 3 140 ‘Sent to Blackwell’s m4 jand, Remaining in prison, 92 26 13 8 139 Prison, MALACH) FALLON, Keeper. Rio Janeiro. [Correspondence of the Herald.} Rio Janeiro, June 11, 1843. Maranham—Montevideo. Dear Sir :— Our city offers nothing very particular. The Se- nate hadbeen occupied in discussing the marriage contract of the Princess Franciska Carolina and the Prince of Joinville Some objections had been raised against the dowry to the Princess—750 con- tos de reis in silver (about $600,000) fixed by a pre- vious law of 29th September, 1840, in the case of the Princess marrying and fixing abroad—as well as against her retaining her rights to the Brazillian crown, in the event of Don Pedro II and the elder sister, Donna Januaria, falling off without issue.— After some explanation from the Minister of State the whole was approved of, and the money prepa- Ting, aswell as100,000 milreas for outfit and ma: riage expenses. A law allowing the entry of a com- pany of Capuchin Missionaries trom Italy, was also under consideration. fs A new Minister of State for Foreign Affairs had en named in the person of Don Taulino Soarez da oura. ‘An English steamer, “the Royal Sovereign,” of 400 horse power, had arrived from Lisbon by wa: ot Maranham and Pernambuco, and brought bac! three of the Pauliste rebel chiefs, exiled last year—Lima, Leite Basto and Honsem. This steam- er brings the latest news from the Northern Pro- vinces, having left Maranham 12th May. Every thing was tranquil. Some excitement existed at Maranham, the cashier of the public treasury ha- ving eloped the day previous with all the cash in the public bank—13,000 milris.. The steamer was advertising for freight and pas- sengers for Batavia and Singapore. _ y the Nacional schooner Mattozino, we have news from Montevideo to May. The advices were favorable to the Oriental troops. Colonel For- tunato Silva had completely routed the Oribista Chief Melgar atSanco Solo. Celonels Estivao and Cuadra had defeated the Oribista troops in the De- partment ot Mercedes, and taken possess ion of the capital town. 7 “The bulk of the oriental army, under the imme- diate command of General Rivera, had achieved the passage ef the Soldado on the 8th May. A decree had been passed in the General Assem- bly, conceding to the French and _talians who had taken up arms in defence of the Republic, twenty juare ake of agricultural land, and 50,000 head of cattle. The French Legion, 2,904 men tered on parade on the 12th, and had their banners presented them by the lady of General Rivera, in the name of the Oriental Senoras. Col. Thiebault, the Chief of the Legion, received the sacred sym- bal — enthusiastic acclamations of victory or leat! Oribi’s cavalry had made some movements against Minas and the Province of Maldonado, but retreated again. to his old encampment on the Rio St. Lucia, Rivera being under march towards this position with the bulk of his forces from rious points. ak The tat Island and the Morte were fortified and strongly garrisoned. Provisions were plentiful and oxen selling at twelve dollars a head. Yours, &e strong, was mus- LaTER FROM Nassav.—By an arrival at this port, we have received futl files of the “Observer” and “ Royal Gazette,” to the 2d inst. The following extract from the Gazette, may be very interesting to fruit dealers, as 1t makes public a kink in their trade, that may be torned to some ad- vantage :— From our noticing lately the arrival at New York, of the American shooner Billingsgate, early in last month, we thought to have been able to announce her return hefore this, as we understood so soon as they had bay she of the cargo (fruit) which she con- veyed from Eleuthera to that city, she was to be back immediately, but as cargoes like that, take very fre- quently some time to be got rid of, unless the first offer is taken, which is considered to be the most ad vantageous, she may probably have been detained longer than was expected. pistes Navat..—The U.S. ship Constellation, Commodore Kearney, was at Macoa, March 22d. Officers and crew all well. . Mr Cor.—It was stated in the notice of the po- lice examination of Charles Cole, jr., in yesterday’s pane that he had been a director of the Freeman’s _ We are informed, by an officer of that bank that this is incorrect—t he never was elected a director of that bank, and never had an account open with it. Complaints were entered against him, yesterday, by the Atlas Bank, for forging the names of Jona- than Patten, and Ric! ra Martin respectively, to notes of $500, and yo The examinations on these complaints will be held at 10 o’clock to-day Mr. Cole’s motives in these forgeries are difficult to understand, as it is said he had other good paper, en and unencumbered property, on which he might have obtained money; and u Him ait endonentai — aia, or jadelp! yesterday, —e Bank, 5$; 100 do. Wilmington RR. s 6 » 1p. After Board—10 shares Girard Bk, 5} ; $300 Schuy]kill br ire 1852, 109, $1000 Avital gtse RR "1838 i; merica Bk, 301; State 6's, 1843, 8 6 ds ftat, 645 20 shai Wilmington RRs 6 ds flat 114. LATEST SOUTHERN SHIP NEWS r July 2—are Cy one, Crowell, New York; Lois, Honey Southworth, Haddam, ‘nr Sin th, NBedford; ‘Topga'lant. He jew' Haven. Below, Peta} ovaniy Turley Be Jogo de na Norfo ky Matthews, Bisco in Hand fy Bedi 2 . ary, Biish, jelow, Inca, = “Adeone, (Br) Hal W tudes kia Tulv aicAvr Lineoln, Wooster, Thomaston Are _ r, Pareasnuna, July Arr at City Point, Harkeway, olsen, Liverpool. ; July 19—Cld Canbbean, Allen, Sut Key, Suranan Joy WA Excel, Sherwood, NewYork.” Cla mi ich- 0G@- THE MUSEUMS ARE DULL AND UNINTS. resting places ot amusement. They have nothing laugh- able, nothing humorous, and the same old thing over and over again. But stop reader—here is the American Mu- seum, one ofthe most lively and interesting places in the whole city. Why, the gem las engaged for this ri week the best company of performers that can be pro- duced, and challenges the world togive more aon and hacia entertainments than will be found in hi large and airy saloon every evening this week. For particulars see bills and advertisements. THE CELEBRATED LUCINA CORDIAL CAN be had genuine at 21 Courtlandt st. 0G> MEDICINES FOR THE PEOPLE.—The follow- ing are recommended from their superior efficacy in curing all common sickness; and every thing they are recommended for they invariably cure:— The Magical Pain Extractor for burns, scalda, old sores, and all outward Spplicatios is the best article ever made. It will save life in every caseof burn or scald, if the vital parts are uninjured. Deafness cured by McNair’s Acoustic Oil, price $1. Piles.—Hay’s Liniment, warranted to cure any case, no matter how bad er old. Scrotulous affections, and all impurities cured by Com- stock & Co.'s Extract Sarparilla,which cannot be made any stron, Price 50 cents bottle, $4 per dozer yheumatism.—Hewes’ Nerve and Bone Liniment, the Indian Vegetable Elixir, will cure any case when used together. Headache.—8pohn’ kind of sick headache. Worms—Dr. Kolmstock’s Vermifuge, the only safe medicine to use, as no bad effects can possibly arise from its uce. Price, 25 cents. Summer Complaint—The Summer Cordial will cure any case in children or adults. Price, 25 cents. lair Eradicator will remove hair from any of the body, and will not injure the most delicate skin, It can be seen and tested at the store. Balm of Columbia for restoring the hair, and as a teiletto article cannot be surpesset, Oilof Tannin, for leather. This-isbetterthan Neats Foot Oil, as it keeps the leather from blistering, crack- ing andhardening. Every one whe has a harness or car- riage top should not fail to ua lot the above to be had enly genuine at 21 Court- landt street; Brooklyn, 139 Fulton street; ith, 320 Broad street, Newark—and where also can be had gratis a pamphlet, the full description of the above, with city references for everything we recommend them for, and will prove of value to every family. PRESERVE YOUR TEETH, BY AFREE USE of Sherman’s Orris Tooth Paste, which is one of the most delicious preparations ever used for sweetening the breath removing the tartar from the teeth, and preventing them fromdecay. It contains ne deleterious material to injure the teeth, is pertectly clean,and when you have onee used it we are certain you willnot want any other dentrifice. Also guard against drowsiness in church by using Sherman's ‘amphor Lozenges. They cure headache in afew mi nutes, and remove depression of spirits, nervous affec tions, palpitations and affections of the bowels,and are just the article youshould always carry with you. Dr. Sherman’s warehouse is 106 No! st. Agents 110, 373, 459 and 601 arenas 10 Aster Mouse; 227 Hudson st.; 188 Bowery; 77 East Broadway, and 80 Chesnut street, Philadelphia. Lead GENUINE EXTRACT OF SARSAPARIL la, Gentian and Sassafras, prepared by the New York College of Medicine and Pharmacy, is now universally allowed by the medical faculty of New York to be the greatest roe of the blood at present known. The combination of gentian and sassafras with sarsaperilla, and the absence ofall mineral preparations, gives it a de- cided advantage over all other res sold under the name of sarsaparila. It is a sovereign remedy for scrofu- Ja, salt rheum, rheumatism, ringworms, blotches or pim- pth nodes, secondary syphilitic affections, and all oe from an impure state of the blood. old in single bottles at 75 cents each; in cases contain- ing half a dozen, $3 50 ; in do do, one dozen, $6 ; carefal- ly packed and sent to all parts of the Union. W. 8. RICHARDSON, Agent. oa and Consulting Rooms of the College, 97 Nassau street. emedy warranted to cure every MONEY MARKET, Saturday, July 22—6 P, M: The sales were very small, as usual, on Saturday, with but little change in rates. Ohio rose}, Kentucky 4; Illi. nois , Farmers’ Loan }. At the mew Board sales presented nearly the same fea: tures. The following are the leading features of the Banks of New Hampshire this year and last :— Tune, 1842. June, 1943. Dec. Inc. Loans, 3,547,033” 3,173,825 = Specie, 84,874 162,126 = Fy Circulation, 1,010,528 916 M7 - 4 Deposites, ‘597,879 59,074 - 232,305 ‘The following is a statement of the tolls on the Pennsyl vania canals :— Amount oy Touis Recetvep on THE Matw Ling ov THE PeNssyLvania IMPROVEMENTS FROM PHILaDEL! Py AGH, DURING THE MonTH oF June, PARED WITH THOOE FOR THE aM MONTH OF 18 1842. % Canal, $90,378 96 $47,882 71 Kailway, 302 36 32,949 10. Motive Power, 27.223 31 45.477 89% $78,904 03 126,309 7 Deduet June, 1842, Segoe 03 Increase, $47,405 6636 being some 60 per cent, The tolls on the New Yerk Canals are as follows :— 2d week in July. Total to 14th July. 1839. + + «$82,784 $681,179 627,807 793,620 1843, + 63,038 719,570 Quarters of Products shipped via Canal from Buffalo :— ples” bbls. do do casks. bash. do " Pens'and Beans, ao Bron and ship stuffs, do Batter & Lard, Tbs. Cheese, do Tobacco, do Clover and Grass seed, do Flex seed, 2 Dred fruit, do ‘Wool, do do do do do A do do Furntare, do Demestic Woollens, do < est. 2 anal aya foot. 196 62'000 a 70,000 andise arrived at Buffalo via Canal :— 1842 1843, Pounds Merchandise. 7,667,111 Pounds increase in 1843, Connected with this vast increase of produce we sub- Join the following remarkson Mr. Webster's speech from a leading London Journal :— With respect to Mr. Webster's speculation of sti} by treaty with England for the introduction of Indian crn for British consumption, at what he call alow fixed lating duty, we do not believe that Lo Rede uniform daty than one equivalent to twelve shillings the quarter of wheat would be thought of for an instant by our Government. With the present feelings of our Prime Minister he would, we cannot doubt, desire to avoid any negociation on the subject, or any change concerning the -lawe. He has been made to feel so much by excitement and threatening estrangement of friends, eaused or rather pro- voked by the Canadian Corn: bill, that we believe he would be glad to ‘@ his mind at reat respecting experiments i Se i A t 3 But his present feelings may in the course ‘and we do not think it altogether ond ulation and calculation to imagine our to entwrtain @ proposal for the ad- duty. It might in- Government di mission of Indian corn at a high fix volve the necessity of an entire revision of the Corn laws, because existing treaties would interfore to bar any spe- cial advantege being given to the United States. eure not ing of anything which appears at present likely to take place, but of a possibility under altered circum- stances ; and with an impression that th Anti-Corn-law League may in future sessions be di Ministry. We need not say that we are great question, and fer giving the pre- sent Corn-law @ fair trial, which it may be impossible to afford it in a emailer space of time than seven years from the date of its enactment. But it is impossible to conceal the fact that a large portion of the sober-minded reflective merchants of the country are in favor of atixed duty ; we have heard such men repeatedly dec We do not care what the duty is, only let it be fixed and wnvarying.’ To which we alway bce ‘Then you must, in your tradiny -peculations Cap en jate the duty of 20s. as the fixed an permanent on Lev ing ® geod look-out for the operation of causes that may bring the duty down to 16s, 126. 85., or 63’—below which, according te our judgment, it is not likely ever to descend. Indian corn constitates the staple ‘ood of the black population—-amounting, we believe, to abous £090,000 14 pay Lede hao and it would anon became such to qur miners ond manufacturers if the ‘obtain 1 at alow price. ’ ~