The New York Herald Newspaper, July 30, 1843, Page 2

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

NEW YORK HERALD. New York, Sunday, July 30, 1843 ——=—— == ierenerasueaaiteneendl QQ Al:letiers on businese with this office, and yommunications intended for insertion, must be addressed as heretofore to Jawes Gorpon Bennett, ditor and proprietor of the New York Herald. Tae Poseyits Conrroversy.—Our fraternal ad- monitious have not been without their effect upon Dc. Seabury, the prudent editor of the Churchman. We are glad te find the Doctor so docile. In ac- cordance with an implied advice, he has come out with a labored detence of the Bishop and his asso- cia es, and endeavors, with what success is yet to be cetermined, to prove that Mr, Carey is quite sound in the faith, and is altogether untainted with that leprosy which has been spreading with such fearful rapidity amongst the shepherds aud the flocks with- in the pale of the venerable Episcopal Church, asby law established jin Great Britain and her colonies; and by the grace of God in this hemisphere. Although we give Dr. Seabury all credit lor his do: cility and prompt obedience to our advice, yet we are sorry that we cannot give him the assurance that his defence ia triumphant. He seems to be greatly hampered. Throughout the whole seven columns of his closely printed review of the pam- phiet of Drs. Anthon and Smith, he seems to be slaggeriog under some oppressive influence of which he cannot possibly getrid. Dr. Seabury, according to the “orthodox use and want” of theological dis- pulants, commences by pouring a tremendous vol- ley of abuse on the heads of his opponents We suppose this is done for the purpose of raising such acioud of smoke and ,dust as will effectually ob- scure (he movements of the belligerents, and leave the public and the ‘‘faithfui” in a proper degree of doubt respecting the conflict and its issue. The Doctor appears to be terribly annoyed in con- Sequence of the manner in which the con- troversy has been taken up by the abominable, iatermeddiing, impertiaent, iafidel, secular press.” Colenel Webb gets a very satisfactory amount of drubbing, and we are more than half inclined to be- lieve that if the Doctor and the Colonel were fairly placed against each other in the ring, the spimtual warrior would send his carnal antagonist as expedi- Uously to the right about tace, as did the pistol of Dofl Green Che Doctor complains greatly that his breth- ren, Anthon and Smith, were guilty of a be- trayal confidence; and of contumaciously “dragging” the controversy before the bar of pub- lic opinion. Ha! ha! Master Seabury, the day has gone by, happily forever, when you can expect to shut out the searching light of public opinion. There is not a beam or rafter of the ecclesiastical ed- ifice that will remain unexposed, unvisited by the light of this “public opinion” To be sure the venerable spiders will suffer, and the cob- webs of many centuries be brushed away, but the friends of the truth will not, with Dr Seabury, coinplaia and cry out *Ichabod;”—our hiding places are cleaned out for ever! As a specimen of the Churchman’s “defence” take this (From Drs. Smith and Anthon’s \*Statement.”) ©Q. 8 ‘Do you. or de you not taultthe Uhurch of Rome io yronoauciig, as she does, the Books Apocry phal Holy | Scripiure?” -4ns ‘ido not, either to myself or any one else, at- tem, t to prove a doctrine out of the Apvcrypha.’ ‘The Holy Spirit may have spoken by the Apocry pha, and the Homily as-e thing? The question was here | cral ditterent shapes by the 4 by bis last question Was to 1 ‘not toultthe Church of | ot Rome tor re (Dr Seabury’s Remarks on the above) The accoaut of the answer to thts question is asnear the truth #s could be expected from two doctors who talk about the depsried bing benefitted by the administra- tien of the ‘holy commusioo”” Mr. Carey did not aay that he did not fault the Church of Rome for attempting “to prove adoctrine out of the Apocrypha” His words were, that be did not fault the Church of Rome for read- ing tne Apocrypha, and coasidering i‘, in a loose seuse, Scripture true, that Mr. Carey did express the belief that “the Holy Spirit may have spoken by the Apocrypha,” and it is true that the bishop did renew the question, and skillully elicit from Mr Carey several quo- tations from the Homilies, in which the same thing is asserted; but his object was, as it seemed to m tly to caution the two doctors not to run their heads against the Homilies of their Church in their zeal to trip up Mr. Carey. Was ever such petty qnibbling? The reviewer proves the accuracy of the report which he attempts toimpuga! And so withall the rest of the review. Really, unless the controversy be managed with a fittle more spirit, candor, and adility, we shall not trouble ourselves or our readers with it. Indeed, we believe, it is best, atter all, to Jet the old lady in scarlet, and her refractory daughter, the vixen, scraich away at each other’s eyes in their own fashion, without bothering ourselves about the con- test in the meantime. Our readers have already got quite enough of “ Puseyism,” so that unlike the juvenile patrons of Sherman’s lozenges, they do not “ cry for more.” Let Colonel Webb, then, and the old serpent, who is anxiously watching all the movements, settle the controversy as they please. Hawxine anv Prppiinc.—Feeling, ae we do, interested in the welfare and prosperity of the mer- chante and mechanics ef New York, we have care- fully watchea the proceedings of the Common Council on this subject, and are much surprised at the want of decisive action on this qu estion. The petition against peddling was referred to a commit- tee of each Board, who severally reported favora- bly. The Corporation Attorney was then instructed draw up an ordinance, which wae done, and or- dered to be printed—and there the matter rests.— Now, gentlemen of the Common Council, are you ware that the merchants and mechanics of New York are too respectable and numerous a class of Luzens to be slighted with impunity? The petitions i thie subject, we are told, number already twelve rousand names, without distinction of party, com- ding the Apoeryphafor proof of doctrine.” | | country in her most trying difficulties. Armospuenic Ratuway From Kinestows ( Ltn) To DaLxgy.—This great work, we learn from Saunders’ Newal:tter, progresses rapidly. The work- men are busily engaged in laying the permanent rails, and some hundred yards of iron tube or pipe, 1n which the vacuum is to be created for the purposes of locomotion are laid down, and the valve or top fitted. ‘The engine house and chimney stalk are built at the terminus, near Dalkey, and the engines and boilers inthe course of being fitted in their respective situations The reservoir of water for the use of the steam engine is nearly complete, and will be filled in ashort time, when the mountain stream to supply it is turned on. In the course of the excavation there was met with a large bed of unbaked orimperfcet gramite, the veins of quartz running through it, which presents a very interest- ing feature to the mineralogist. The means adopt- ed to carry off the surtace water, aswell as that of the land springs, have greatly enhanced the value of the land through which the railway passes — Sewers of immense magnitude run from the railway to the sea In seme places, where mountain streams have to be conveyed across, the siphon is most effectively applied, and any inconvenience that would be likely to arise from water is com- pletely obviated. The rate of speed, it is caleu- lated, will be from 45 to 60 miles an hour up the in- clined plane, which is as much as one foot in 60 in some parts, in all quite enough to bring the carriage down as rapidly as will be required. In order to obviate the effects of the centrifugal force, which would be very considerable when travelling at the rate of 50 or 60 miles an jour, one rail is slightly elevated in the curves; this will be scarcely percep- tible to the traveller. The apprehension of danger in any case is folly, for the train is firmly attached to the tube, and cannot stir from it by any possibili- ty. Sosoon as the road iscomplete to Bullock, the working of the railway will begin, at least so far as the necessary experiments prior to its being opened for the public. The carriages are nearly ready; they are not so high as those of the ordinary rail way, part of the wheels being up in the body; they are much more elegant in structure and appearance and fitted with great comfort. Altogether, the works give {air promise of being complete early in July. A neat pathway will be fermed alongside the protecting wall, which extends the entire way to Dalkey, and a more agreeable promenade than this will torm, combining pure airand a magnificent view of Kingstown Harbor, Howth, &c., cannot | well be imagined. No public work excites so much general attention, in every part of the world as the Atmosjheric Railway from Kingstown to Dalkey. ———— Ex-Presipent ApaMs.—The movements of this distinguished statesman, during a tour through the Canadas, for health, recreation, and curiosity, have elicited, and justly too, substantial evidences of the respect due to the patriarch, the poet, and philanthropist. There is in the octogenarian history of this great man records of diversified talent, un- flinching honesty, deep thought, and persevering rectitude, that at once disarm his few, very few, political opponents @f their enmity to hia long che- rished and unhesitatingly carried out principles; and at the evening of a |'fe devoted to his God and his couatry, it is delighttul to a vivid imagination, such as his, to view the setting sun of his existence still hallowed by the reflection of its beams upon foreign soils and foreign systems. There is about this vene- rable man a bewitching sorcery, that seems to at- tend him, and pursue him, in all his thoughts and actions, and identifies him with the history of our How that } man has lived for nearly a century within the | “sound of the great Babel” of Niagara and not “felt its ssock,” to “hear the roar she sends | through all her gates at safe distance,” and not un- til now realising ite sublimity, is an anomaly wor- thy of that record that must emanate from the pen- cil of hisimagination. In the visit of the old maa, however late, to the most grand and the sublimest of all sublunary scenery, with a mind lofty in | thought, matured by time, and disciplined by sensi- bility, what may not be expected, as an almost testamentary bequest, to ages yet to come, and peo- ple as numerous as the spangles that glitter round this fountaia of almost supernatural grandeur, from his poetic genius. Who has united, with primitive simplicity, the qualities of statesman, orator, and poet, with more profusion, than the subject of cur immediate article? and who, when the curtain drops upon the latest act of his life, can command more justly the tribute of a nation’s sympathy % Loss or THe New Orveans Packet Sutp Meme puts —-This ship, on her voyage from New Orleans for New York, went ashore on the Island of Chico- macomico, thirty miles north of Cape Hatteras, at half past three on the morning of the 22d July. She lay close to the beach in six feet water. On the 22d, the small boat, with the first officer and three men, started for the shore; she was turned over immediately, but they all arrived safe on the beach after a hard swim. On the 28d, the passen- gere, with their baggage, were landed. The cargo it was expected might be saved. The ship had not bilged, but it was thought she could not be got off A letter from Captain Allen says:— “Masts cut away; rudder unshipping; struck while tacking, at half past 8 A. M., 22d July, and drove clear on the beach, wind N. E ; have thrown over- board 300 or 400 sacks of corn; commissioner came on board on 23d; all cargo will be landed on the beach, and sold there; ship lies in six feet water, 80 miles north of Hatteras and 7 miles south of New Inlet; is not bilged and leake but little.” The Memphis is a valuable ship; she cleared at New Orleans for this port on the 7th instant. The vessel is insured at the different offices in posing our most influential tradesmen and mechan- have united thernselves into au aesociation le €xpress purpose of putting down the present em of peddling goods through the city. ics, wh Ram Roap Accipent.—Friday afternoon about 4 o'clock, the regular train of cars coming in from came in coutact with an accommodation train sentirom Albany, and some five or six cars We could not learn in Albany last evening,up to 7 o'clock, the time of the boats start- ing, whether eny lives were lost. A man was des- patched on horseback from the spot where they came together, but was so fatigued when he arrived in Schenectady, that he could give no account of it, more than there were some five or six cars the we were shed smashed. Cars were sent from Schenectady with physicians, &c. It happened eix miles west of Schenectady. Since the above was in type we learn thatno one was seriously injured, several received slight flesh wounds, but nota bone was broken. A Srecimen or Humaniry.—A few days ago a constable im tae city ot Washington, having a war- rant placed in his hands,called at the residence of a debtor, aud inquired of one of the inmates whether the object of his search was at home He was answered io the affirmative. Having stated that his errand Was one of business, he was invited to walk in, and he was conducted into a dark and retired chamber, lille thinking of the scene which was to be exhibited to his view; for there lay the poor debtor, not in the enjoyment of life and health, as was expected, but clothed io the habiliments of death —a corpse! He bad paid the debt of aature! The officer, of course, immediately left the premi- ses, deeply regretung that, on such an errand, he had thu en led by one bearing the form of man, but lost to the fiver feelings of our hearts, into the solemn presence of the dead! New Yor« ano Erie Rairoap Company.—Suits have been brought aguinst six or seven hundred of the most responsible of the stockholders, by the eredivors of the company, on the ground of their personal liability for misfeasance or nonfeasance The brig Antelope arrived at Holmes’ Hole , « half houre trom New Wall street for $50,000. The amount of insurance on the cargo has not yet been ascertained. Captain Balaree of the schr. Union, at Norfolk, from Ocracoke, saw the Memphis on the 24th inst. | one day after the above accounts left—she had only | the bowsprit and stump of mainmast standing—laid outside the breakers, and boats were plying between | her and the beach, apparently landing cargo. | The following is a list of the passengere:— Mr. Samuel Kirkland and lady, Mr. F_ 8. Harman,led: four children and two servants, Mrs.J W. Smith, Mise Smith, ana Master Henry Babcoc! M1, Some of the passengers, who arrived at Norfolk by the Elizabeth City st te that the M.| ex- perienced a gale on Friday evening from the north- ward and eastward, with very thick weather, which continued till the next morning. They left the wreck on the morning of the 25th, when Capt. Alien was making arrangements to send the crew by sea to New York. The M had ina iull cargo of to. bacco, cotton, lead, corn, wheat, &e. Captain Pedriek was despatched trom Baltimore to render every assistance, and Capt. Sturges left this city this morning overland. A lighter, with the steam pump on board, is to leave immediately. The Memphis was worth about $60,000, and the cargo valued at about $60,000. Vessel insured in New York, and partly in Boston. The cargo was principally insured in thie city. The following is a list of her cargo and con- signees :— 500 bales cotton R Irvin; 67 Storm, Dubois & Co; 912 pigs lead EK © iliins & Co; $46 ske corn Gray & Crosby ; 80 bbls lard Thompron & Adam; 75 KK Coll ns & Co; 9 hhds tobecco G Hyde; 8 ' C Crane- 7 bbis 2 hf pipes bran- dy JH Tabor; | ckcopperA D Learing; 686 sks wheat Hick# & Go; 691 to order; 149 do; 962 Spoftord, Tileson & Co. 61 nbistobacco PJ Francia, 661 pigs lead’ A Averill & les hemp BH Field; 18 bbis castor oil E K Col. 56 do molasses; 6640 sundries WE Lawrence; bacco J & D McGregor; 6 pkgs Brown, Bros & Co, 68 bales cotton Storm, Dubois & Co; 4478 pigs lead eg heeds 16 bbls flax seed WE Lawrence, 8 hhds tobacco J ‘unter. Han, Srorm.—The vicinity of Stamford, Ct., was visited yesterday afternoon by the most severe hail storm that haw occurred for years. The violence of the wind was euch as to tear up trees by the roots, overturn the stacks of hay and grain, and de much other damage Dowe tito Ewoun. The. Twenty-first Regiment marching one day In aa orderiy way To sack and to slay An inadequate mass for their limited pay, For though victory may Be the sunniest ray ‘That over a Marischal’s caput can play, Vil venture to say Till the world turns gray The dollarum dibs will hold paramount sway. Well, this Regiment marching in valiant array, With colors so gay, They Beporon’ to meet with an overthrewn chay, With a baby inside otf it trying to pray ; So the enfant trouvée They carry away And adopt as ther daughter, sans ceremonie. Dear Reader, you’ll please to remember this case Of abduction took place A long time before the first scene of the piéce, And though Sulpice the sergeant, moreover the bavs, Has had many a chase, In trying to trace Out her father and mother, or aught of her race, That might embrace A danghter so lovely in figure and face ; But vain his endeavors, so now you may see The pretty Marie fe contented and hpppy as happy can be. a » Fullof glee, Ora little tarreé, Or any thing else that occurs to thee, ‘That will with those characteristics And the soldiers adore their young Makes most undeniable coffee and tea, And warbles moreover magaificent); Now this little Marie a short timo ago, Contrived co inveigie a bit of a beau— One Tonio— Adapper young Tyrolese peasant, although He’s rather 80 #0, ‘Aa pecuniaries go, And I’m angry with Marie for stooping #0 low. But love’s rapid fow Will frequently throw ree. ghter, for she Strange together, for weal or for woe, Let the atoms surrounding them lke it or no. Now Toney uu must knew, > ¥ ‘Are singing great love to each other, when | The Sergeant observed them, and he wasn’t «lo In detecting how matters were going. “Uh! ho!” Said he, rushing down with his gills in a glow, “ The pearl of the vingt uneime musn’t bestow Her hand on a mandit paysan, and @ foe.” But the sergeant stout . Was soon put to the rout, Love had carried the poorly defended redoubt Of the heart of Marie, and no menace or shout Can send such a conqueror right about; “For” suid she with a pout, “If my amiable mother don’t know that I’m out, ‘What isit to you, Whatever 1 do. 80 please Mr. Sergeant I'll follow my gout.” “Mille x yeux, Sacre bleu, Quelle une audacieur,” Ba:d the grande militaire, in a deuce of a stew. In a mom unavailable passion he flew, For Morie wastrue, To her new Amorouc, And stuck to her peint, like a gallon of glue; So they compromised things in a minute or two, By putting him thro An inductory few Mere matters of torm toa soldier he grew. ‘And now I expect In the tri-color decked, His comrades consider that he might affect A duchess elect, Or a Queen, if her Majesty didn’t object. Now the fun’s what I think I may venture to call Uncommonly tall, : ‘When a slice of good luck nearly ruins them al Making Toney the brave, sing prodi,iously small. A Marchioness something, bah ! what’s her name? l really forget, but li the same— Suttice it to ray she’s an elegant dame, Of the old regime, All powder and hovp,e /a Louis Cingurene, Has come to claim The glory and pride of the vingt uneiene, She calls Marie her niece, and she takes her away, And ter of course there’s old Harry to pay. You’ll please to remember, some time has passed Since line the last, Merie having cast Her merino for satin that can’t be surpassed, And a natural fund of good breeding amassed, Grows into a lady remarkably fast, And she lives in @ beautitul palace ameng A magnifique avistocratical throng; But you piainly perceive there is something wrong, For instead of the light hearted rantanplan, A teeling of sorrow pervades her song. A nobleman grand Has offered his hand, With the wealthiest dower that ever was read, But Toney, the peasant, still runs in her head. Sv the Marchioness said, “To Toney, the peasant, you cannot be wed, For a very good reason—because he’sdead, So oblige me and marry the Duke instead.” And tue dutiful darling the’tears she shed, And her little heart bled, Prepared to encounter the nuptial dread; And they leave her alone, and she gazes round ‘Those beautiful walls, an ideclares she’s found But little centent on nobility’s ground, ‘When her startled ear catches a well known sound; With a rapturous bound, She flies to the window, and, marching by, Her beloved old regiment blesses her eye; ‘And her paire beats high, ‘And she fain weuld cry, But her brain is dry, And the tears won’t come, and she does’nt know why, No more de I— But oh! her delight’s in: ible, when The company enters the chamber, and t! Sbe embraces the flag, she embraces the David and Robert, Themasee and Etienne, She kisses them over and over again, But where is poor Toney ?—alas! now her tears How freely and fast— when she suddenly hears A voice well remembered through changeable years, And fancy her joy, when, saluted with cheers, In an officer’s dress her old lover appears. Dear reader, there isnt much more to disclose, The Duke has his congée, as you may suppose, The Marchioness shows Inclination for blows, And doesn’t seem willing the matter to close. ‘When Toney just throws Out a delicate hint, that a secret he knows, A mistake into which she once happened to fall, The theught she was married, but waen’t—that’s all, A slight error that gave them a mother apiecs Making Marie her daughter, instead of ber niec So she (es hercensent, but I really must say, ’Twas brought about in a most scandalous way. Tue Great Matcu at Cretaza, Mass.— We yes- terday gave the time made for the first twelve hours by Elworth and Fogg in their great pedestrian match at Chelsea, Massachusetts. We now add the time made for the succeeding twelve hours,as follows :— Elisworth’s time. Fogg’s time. 18th mile, 12 16 13 = Math * 12 31 18 - n 16 12 60 1s ie 12 35 vy 12 - 13 “a 1s (65 9 18 i 68 o © Se] 12 18 “ 50 aby 63 3 646 10 oy la 35 iM 96 lh % The medical attendant of Mr. Elworth reported him in good condition. He weighed 1504 lbs. when he started on Wednesday afternoon. Mr. Flogg is aiso in good trim. He made quicker time daring Wednesday night than his companion, upon several occasions. It isto be observed, however, that the time of walking each mile is optional on the part of the pedestrians, provided they accom- plish their mile within the hour. Laxe Trape.—The exports of three of the staples of Ohio—wheat, flour and pork—from the port of Cleveland, during the first ten weeks of navigation this season, ending on the 15th instant, are valued at one million and @ half of dollars. Of the flour exported, 253,372 barrels were shipped to American ports, and 17,982 to Canadian ports—making a total of 271,404 barrele. Of the wheat, 273,618 bushels were shipped to American ports, and 4,629 bushels to Canadian ports—total, 280,247 bushels. Large shipments were made during the same time by steamboats, which are not included in the above. Gg The ordination of the Bishop elect of Rhode Island, will take place at Providence on Friday, August 1th. Bishop Onderdonk will be present by invitation of the Presiding Bishop. Sreamsuip Corumpta.—Under the maritime head of the Halitax Herald of the 24th inst. received via =t. John, N. B. and Eastport, by the Penobscot, we find recorded the arrival of “H. M, Steamer Colum- bia, from Bay of Fuady, on the 28d inst.” From this it may be interred that the steamer had been got off, and taken to Halitax, but the statement in the marine news is not in any way alluded to edi- torially in the body of the paper.—Boston Courier. The above is not the mail steamer Columbia, wreck- ed on Seal Island, but a British government steamer, on a surveying expedition, along the Bay of Fundy and Gulf of St. Lawrenee. Qc Mrs. S. Butler, wife of the distinguished tra- gedian of thatname, who is herself celebrated ab an eloeutionist, givesan entertainment to-morrow eve- ning atthe Apollo Saloon. We believe she is about todepart for Europe, aod therefore this is the last F ‘imme the readings ef thislady canbe beard. city gence. DeatH amona Nosway Emianants.—Considerable ox- citement wascreated in the vicinity of pier No. 2, Easy River, yesterday morning, arising from the death of two young children belonging to a Norway emigrant that ar- rived from Havre in the ship Argo, on Wednesday last.— On arrival at the Quarantinethe New York Passage As- sociation Line, through their agent, Colonel Jonathan D. Stevenson, contracted with 124 of the passengers to con. vey them to Milwaukie, Illinois, by tow boat, canal and steamboat, for $7 50 per head. They were therefore placed on board of one ef the tow boats of the association and brought to this city, from whence it was agreed that they should be conveyed to Albany yesterday. The sbip contained emigrants from eight different countries speak- ing different laoguages,and owing to a,pertion of the Nor- wegians being on board of another vessel, considerable delay was experienced in making the transfer. The two children on whom the inquest was held, died yesterday morning, and those whoare opposed to the powers and privileges conferred upon this Passenger Association,took advantage of this circumstance to attribute the cause of their death to the crowded and huddled manner in which the emigrants were placed on board the tow boat. The father of the children, who were one andahalf and two anda half years old, testified before the Coroner that they had been sick with diaerh@a and pains in the chest for twe weeks on ship board previous to their arrival at this rt, and that he knew o! no cause for death except such liness. This statement fully relieved the Passenger As sociation {rom any immediate cause of their des After hearing the testimony, we made an examin: ¢ found a mass of human beings cover- romiscuous manner, mixed up with ing her deck it luggage and the freight, resembling a knot of mites in arich old cheese. On corkscrewing our way among th them, we perceived no less than three children on the threshold of the grave, and several others whose atten. uated forms showed the ravages of disease. It was there- fore strikingly evident that the accommodations provided by this Passenger Association were not such as were equivalent to the health and comfort ofthe emigrants, and it is really to be hoped that in their laudable efforts to effect a good, they willnot allow their ageuts to undertake to accomplish more than is inthe power of the asso: These emigrants are a hardy, tough looking body of men, and most ill favored women and children. Their large silver broches, thick woolen socks, double latched shees, short jackets, presented a singular and un- tume rarely seeu among us. In their habits they appeared to be peculiarly ind although no doubt laborious, will add nothing in the way of cleanli- ness to the neighborhood where they settle. The party consists of nearly the whole population of a small town in Norway, jong whom are thirty or forty of their poor, which they compelled the association to convey te their place of destination gratuitously. After the hearing of considerable testimony, the jury returned a verdict of death from disease, but reflected upen the association for crowding such a mass oi human beings in so small a Space as the deck of a North River towboat. Counteareiter 1x WiLLiaMesuRcn.—Bernardes God- fred Leonard, a German, was arrested in Williamsburgh aday ortwosince by that active Marshal, Runcie,on a charge of uttering base coin, and after much trouble the case was brought home to him, and yesterday he was committed for trial. The sum of $27 25 cents was found upon him, but unfortunately only 26 cents was lawful money. The modus operandi by which he made his pro. fit was this; being particularly partial to cigars and can- dy, apples aud teffey, and in some cases small doses of a ic, hemade many small purchases of those articles, paying tor each in quarters, and receiving change in cur. rent coin. The village Marshal, Runcie, had traced him through this city,and having discevered his whereabou' was enabled to find his dies and other tools forthe mauu- facture of his stock in trade. Ropsino 4 Lapy in THE Punic Street.—As Mrs. Kinsley, wife of Hudson Kinsley, of No. 129 Franklin street. was proceeding along Broadway, with her reti cule hanging loosely on her arm, a yellow boy named William Johnsop, made a grasp at, and ran off with it and its contents, which was but about half a dollar in smallchange. The hardy rascal was pursued by some persons who witnessed the daring theft and taken tothe lice office, where he was fully committed for a petit larceny. Her reticule was valued at one dollar. City Prison Retoan.—Keeper’s return of prisoners committed, discharged, and remaining in prison, for the week ending Saturday, July 28th, 1843 :— White Black. Total Male. Female. Male. Female. Committed, 135 83 4 3 225 Discharged, 72 31 5 - 4 Sent to Blackwell’s Island, - - - 64 Remaining in Pri- son, pares 12 141 (Signed) JOHN WHEELER, Deputy Keeper. Thouks to our efforts and the generosity of the Alms House Commissioners and Superintendent, potatoes and rice have been furnished the inmates of the City Prison tor their soup. Axotnen Ronsery axp Anaxst.—On Thursday last, a most eS and cleverly executed robbery was Peers ted upon the office of John Kerr, agent aad commission merchant, No, 105 West street, in the middle of noon day, and in such a'manner aste cause the integrity and excel- lent character of certain persons employed about the office to be temporarily doubted and distrusted, but the issue of the case has completely wiped from the miad of Mr. Kerr whatever of suspicion the unexplained loas of his property may have caused. It appears that in the office of Mr. Kerr there was deposited certain sums of money, in bank bills of various denominations, as also a check drawn in his favor fonathan Johnson upon the Seventh Ward Bank of this city, for $65—the amount of paper money being over $500—and these were placed the same pede | in the drawer of the iron chest, by the clerk, Doctor #8. Smith, which drawer was locked as usual, the safe door being unlocked. On discovering the loss, every person about the premises was called in and examined, and it was an almost rsal opinion that the office had it tbe! since the money had been so deposited. T' as the most curious thing, and what rave to suspicion such a deep shade. In this extremity, ir. Kerr came to the police office, and when narrating the whole affair to the magistrates, they selected officers Stephens and Gil Hays forthe intricate work, and to them was the matter related, and the ind office shown. The moment officer Stephens saw th the manner in which the robbery had been com: the gang who had committed it was pi active mind. He assured Mr. Kerr that the robbery was done by other hends than those of the persons engaged abovt him, and gave him to understand that before twen- ty-four hours the guilty parties should be in confinement. ‘his staggered Mr. Kerr, whose astonishment was only brought to acli~«m, by the officers presenting before him the'foliowing day, one of the thieves anil a portion of the very money whi certain marks he at once recog: nized as his The way in which the officers tracked the robbers was this:—About two weeks ago the drawer of the iron safe of a merchant in Cedar street had been opened in the same manner, and the parties were arrested at the Dry Dock with the property in their pos- session, and this arrest disclosed the gang, its leader, and the way in which they performed their operations. The mark on the drawer of Mr Kerr answered exactly to that on the drawer in Cedar street, and without further loss of time the officers made for the Dry Dock, end there ar- rested William K. Russell, # young man about 18 years of age, who,finding the game all up with him,and hoping to acquire ing at the expense of his honor, made a full disclosure of the robbery, and where the other person connected with him in it was tobe found. Notime was lost, and about five minutes previous to the starting of the Philadelphia boats the officers pounced upon John B. Medler and Joseph Warren, who had purchased their tickets, and in another five minutes would have esca, for the time by flying toa distant city. On Russell was found a smali portion of the money, he having paid $35 to Warren for money borrowed from him, but yesterday the entire amount was recovered, and Medler was fully committed. Warren was allowed to go clear asthere was no testimony to criminate him. During the examination of Medler in the back oftice of the Police,in the presence of his mother,he made a sprin through one of the open windows and reached the ground, the height being about 20 feet, and before Justice Matseli could put his head out of the window andcry “stop thief,” he hed aprang over the railing and was making for a hiding plac re through Walker street, a whole ft rs and citizens giving close and eager chase, The full cry of the pack ji1izen to stop the pur- sued one, who was again remanded back to the more se. cure custody of his cull. The brother of Medler died while serving out his term of apprenticeship in the State Prison at Sing Sing. or a Counterrerter at Witt URG — ago the arrest of John F. Bauer was pub: lished, for passing on certain persons in Mulberry and Roosevelt streets some spurious Mexican quarter dollars, and on examination ‘of hivtrunk, by officers Stanton and F. Smith, a quantity of dies, moulds, and materials were found, together with about $1 the same spurious coin. After his commitmeut he made such disclosures of accomplices, houses of certain be closely w tion of the i and fearing lest he should blab,kept out of the way, while officers Stanton, Smith, Freme and Dennison were on con- stant duty day and night to detect the parties, but with- out suceess, On the 26th ult. a Ger ailing himself Bernard Godfred Leonhardt was detected in Williams burg, endeavoring to pass away same bad quarter dollars in payment for three and four cents worth of apples, can- dies and such cammod; Among the persons so de. ceived was Johnson ©. Hill, who keepsa drug store on the corner of Fourth and Grand streets, Williamsburg, but who detected the counterfeit, and after watching the movements of Leonhardt he cansedbim to be arrested by a joung nan, a newspaper carrier we believe, whose name is Edward Trrrier,who after much trouble and hard pull- ing, brought him to the Police Office, near the Ferry, and delivered him into the custody of officer Runcie, who brought him before Justices Parish and Remsen, and after preliminary examination, he was remanded until yesterday, when he wasagain brought up before the same foe chk th ind the following facts were then clearly pro- ved against him :— First, the attem;tto pass the spurious money at various stores in that vicinity; next, when arrested by Terrier, who deserved much credit in the affair, he made the m earnest entreaties to be allowed to escape, cla: captors by the knees, and crying bitterly, ts pitious stories ut his wife (or rather wives for he sta- ted that he had seven!) and his five children—but finding it fruitless,he mext tried force, but wasequally unsuccess ful~ stratagem like wise failed,and then he had recourse to theold game of disposing of the coin by slyly throwing them behind him, hoping on being rearched thus to escape detection—but Terrler was not to be deceived—and atter delivering his prisoner to officer Runcie, he returned and picket up eleven or twelve of the quarters. @n searching his quarters at No. 60 West Broadway, in this city, about $12 of the same kind of coin were found, also six dies, some being for half dollars. A quan tity of plaster of paris, andother material, similar to ¢! found in the room of Bauer, in Walker street. day Leonhardt endeavored to bout him long story ing received them from another German, a Henry Lockheart, who owed him a id paid him in such coin— af money in Germany, and that the dies, plaster of paria, &c. were left in his cara by John F. Bauer it happened,told the very same story ebeut Leon! ‘The result of the exeminstion was thet Leonhardt was committed for trial in default of bail, in the sum of $6000,aud Charles A.Alien,who was 4 ly suspected as being an sccomplice, was bound over sum of ), to apy a a witness at the trial. Leonhardt is about six feet high, dark complexion, arog black hair, and large whiskers, moustache an imperial, his forehead is uncommonly low, the intellec- tual and moral developments being very scent—his age is about 36 years; and he has been in the country some six years, having been engaged in that time in teaching French, Latin and Music. His conduct during the ex- amination betrayed much unmanliness and want of even common spirit.” It is to be hoped that the rest of the gang will be traced to cheir hiding places, andthe community relieved of such impudent scoundrels. Vice Chancetlor’s Court, Vice Chancellor McCoun has been engaged with the argument inthe case of David Leavitt, Receiver, fc. 0s Lewis Curti nL Graham, and Richard Blatchford, Trustee, ¢c. for the last few days. It is a case of conside rable importance—and in order that our readers may have a correct account ef its merits and of the paints in issue, we have procured the following version from a le- gal gentleman who is conversant with it in all its bear: ings. Itasan action in relation to the North American Trust and Banking Company—the facts elucidated in which show the causes which led to the destruction of that ill-fated institution and the ruin of so many of its stockhelders—the present claim slone embodying abeut $2,000,000 werth of bonds and mortgages given by own- erson their real estate for stock of the company, the whole of which, and much more, has been lost. The bill in the present case has been filed by Mr. Lea. vitt, receiver, on behalf of the general ereditors, to set aside two essiguments for securing bonds amounting to a million and half a million of dollars, and for which the bonds and mortgages already alluded to were placed in the hands of defendants as trustees for the security and payment, when due, of the bondsof the company. it appeared from the opening of Geo. N Titus, Esq. ‘associate counsel on behalf of complainant, that the North American Trust and Banking Company commenced epe- rations in the year 1888, under the general banking law, ‘on a capital of $2,000,000, and, as early as August of that year, began a general speculation in State Stocks, and, te the close of 1839, had purchased such, on credit, to the amount of $6,000,000tor which they gave negociablecer- tificates of deposite (although no deposites for the purpose aad been made with them,) payable on time. Of the stocks thus bovght, besides Illinois, &c. ft Arkanaas, in August, 1838, $1,000,000, (300,000 of which ‘was wholly on speculation,) in Jan. 1839, $1,200,000 of Indiana; in August, 1839, $800,000 Ohio; and in the latter i of 1889, or commencement ef 1840, $1,100,000 more indiana. At this time the bank owed. according to the sworn re- turn to the Cemptroller, on the 4th Jan. 1840, to the city banks, on demand, $161,065; to the country banks $441,- 909 42; to depositors and State stock on time, $1,712 14839; to London houses, ible in £ sterling. $2,417,783 67; liabilities in Fi $29,2°6 73; to stock ot Arkai $44, 0 its circulation, $157,€65; to individual de; in all $5,061 910 61. 8 of the bank, according to the sworn return, in July, 1839, $8.187,900, in 280,000; and in July, 1840, $3,097, Between January and April 1846, the two assignments to defendants were made by the officers uf the company, and the bonds and mortgeges placed in their hands as trustees. It was contended by Mr, Titus, thatthecom- pany being at the time insolvent, it had no right, agreea- bly ‘tothe provisions of the statute, to make such special rusts. It is further contended that when the officers made their sworn return in July, 1840, which was the succeeding ene to the trusts being effected, they say their assets were $3,927,517 32, but make no mention whatever of the bonds having been assigned to Messrs. Curtis, Blatchford and Graham; also that the bonds for one million and a half a million, which were intended to be secured by these bends and mortgages, were not included inthe return made to the Comptroller in July, 1840, as forming a part of the in debtedness of the bank, nor were the one anda half mil- lion of bonds ever entered in the booksof the bank till after May, 1841, more than a year after their execution— and further, that Mr. Graham, one of the trustees, was the counsel of the Board of directors, a member of the finance eommittee, aud one of the directors of the company du- pee all this time, so that he must have been aware of the facts. The history ofthe transaction, as shown by the argu- ment of counsel is this: The million and the “first” half million trusts (so that there appear to have more of them) were executed, the first to securethe payment of 900 bonds of £225 sterling each, payaole at the house of Messrs. Palmers, Mackillop, Dent & Co., London, on the Ist February, 1945, and also dated en that day, payable to the order of Walter Mead, cashier, and by him'assigned in blank before they were delivered. There was ne consi- ration hetween Mr. Mead and the bank for the bonds. For the half million trust 450 bonds for £250 sterling each, jued in the same manner,payable in the year 1847, The million bonds were sent to Palmers, Mackillop, Dent & Co., to be sold and negotiated in Europe at a dis- count of 10 percent., payable on the 1st May, Jure, July and August, 1840. The half-million bonds were also sent to the same house, and they remained in their hands till the close of the Inthe meantime Messrs. Curtis, Graham and Blatchford had effected,on behalf of the bank PI in from the United States and Girard Banks for $241,250, for which the bank gave negotiable certificates of deposit for $250,000, payable at an averagecredit of 9} months from the 1st July, 1840; and in order to secure the payment of the certificates, 270 of the half million bonds were, by direction of the officers of the bank, delivered by Palmers, Mackillop, Dent & Co. to Mr. Jaudon, agent of the United States Bank, then in England. The balonce of the unsold bonds on the two trusts, Messrs. P. M.D. & Co. ‘hold, and claim that they had been specially pledged 0 them. It appeared, also, from the statements of Mr. Titus, that a large amount of billsof exchange and deposit were, in addition, issued by the officers of the company, payable in pee which greatly tended to the destruction which ensued. The trustees say that an arrangement was made be- tween Palmers, Mackillop, Dent & Co. and the officers of the bank in September, 1838, by which the latter should draw bills of exchange on the former, to sell or negotiate in the city of New York or elsewhere, which P. M. D. & Co. were to accept and pay, the officers of the mit funds in season to ake chased here on credit, and for which the certifi Be it were afloat in the ndon to meet the bills of exchange. The a 8 rket, were nearly all sent to ‘ice of the stocks fell, and the officers of the bank were placed at the mercy of the London house in relation to their indebted- ness here. In about two months after the arrangement as to the bill further arrangement was made by which the officers of the bank were permitted to issue negotiable certificates of deposit, payable to P. M.D. & Co. in London; they were drawn payable to the order of one of the officers or cirectors of the bank, in round sums of 250 or £1000 stg. each—they were engraved certificates and evidently intended for circulation. The issues of this character, payable to the heuse in London, during the years 1888, 1839 and 1840, exceeded $2,000, The bills, it is said, were principally accommodation bil vd the certificates were i without any money being de- posited, although the; rported to widences of de- jit madehere. Under these arrang it 18 alleged y the defendants thal indebtedness created against the bank in favor of Palmers, Mackillup, Dent& Sens ee the commencement of 1940, to the amount of ,178. ‘To show the advantage to the bank of the various ope- rations about this time, it was stated that the loss sus: tained by iton stocks, speculation in cotton, or other bu- siness not connected with banking, was, between Janue ry and October 1840, $766,515 54. The Trustees allege that the two trusts were created for the purpose of previding means to pay the debt duethe London house. It is denied on the part of the receiver hat the ari angement was made with them by the officers for the eee of providing means for the payment of the debtecontracted by them in the purchase of the stoexs upon spedctifation. ‘The receiver alleges that the officers had departed from their business, as they had no ree to purchase the state stocks on speculation, and at a time too, when they did not have a dellar on hand,but purchased them with cred- it, and gave their certificates payable on the average in 12 months, some of them being due in 6 months, when they were presented for payment, and the bank commenced being pressed, their difficulties increasiug, and thet in the winter of 1840, the time of the assignment being made, the association was totally insolvent, andthe Trusts were against the provision of the statute, a d also that the cer- tificates were intended to circulate in violation of the re- Iso contended that the Trusts ought to be broken on account of the business footing of the Trus- tees, Mr. Graham being acknowlcdged as insolvent, Mr. Curtis (son-in-li.w of Mr Bi , late President of the as- ing thet hi embarrassed, though not 0 endanger the Trust,and Mr. Blatch- 1 attorney of Palmers, Mackillop, l take care of their interests in preference to others. The gentlemen, he |, had given no securi- ty, and the creditor: without assurance thet the money i 5 and that Mi tchford has now in his hands as- f the association, connected with other gentlemen in the Trusts, bonds and moctgnent and other property,to the amount of three anda half millions of dollars. " The Vice Chancellor remarked that the present appli- cation is connected with the legality of the trusts, and if the counsel intend to impeseh the trustees, he could do so afterwards. Mr. Titus replied that he thought both could be included in the same charge. Itis also contended that usury was exercised. These are but the points of the argument. Mr. Titus was fol- fee on the other side by Mr. Noyes, and Mr. B. F, But: er. Messrs. J. Cleveland, Geo: Wood, Bidwell, Foot, C.C. King, also appear as counsel in the case. We ehall give the decision of the Vice Chancel- lar assoon as it is known, and may probably give some further details of the case in the mean time, Avrenxoon Excunsions.—By refering to our ad- vertising columns, it will be seen that the Staten Island Ferry Co,, from Whitehall, deapatch ‘a boat at 2 o'clock to the new wharf at Clifton, near the Narrows, returning at a quarter to 5, except on Sun- days, when the hour of returning will be 6 0’clock, thus affording our citizens and their families during these sultry afternoons, a most delightiul retreat. The very thought of a ramble through the fine groves and natural forests which abound at the Narrows, or along the sea shore on the south side of the Island, where the sea bathing is to be enjoy- ed in high perfection, is most refreshing, and a quiet shady seat on the bank, with a fresh breeze from the ocean itself, thereto gaze upon the enchanting and truly picturesque scene of land and water, with all our commerce passing to and fro at your very (eet, isaluxury mach to be desired, and all these somforts and luxuries may now be had after dinner for a mere trifle Onatnam Tueatre.—The bare announcement Mr. Kirby is to commence an engagement at ‘his theatre to-morrow evening we conclude suffi- cient to ensure a full house. New York, {Corseapondence of the Herald.) New Yorx, July 26th, 1848. Alledged abuses in the Quarantine Department, Sta- tan Island. Mr. Eprror:— Since you have called the attention of the public to the wash-house nuisance, of the Doctor of the Quarantine—(a nuisance not yet, T believe, aba- ted)—said Doctor has, in the exercise of his duty, assumed powers which none of his predecessors ever dreamt of exercising. What in- terest said Doctor hasin this new arrangement of shipping emigrants exclusively from Statan Island,by a combination of boat owners, through him to their accredited agent, Mr. Stevenson, (who holds, be- sides this agency, | believe, a responsible office un- ler Governor Bouck,) I cannot say—but the facts are these. Some time since astir was made toget an Association on foot to protect the emigrants from imposition, practiced upon them by runners and tavern-keepers The several boat lines gave bonds to the Mayor for their faithful fulfilment of the con- tracts made with emigrants; and it was concluded best to have Agents on the Quarantine Dock,to book as it is called,) the emigacts there. So far good. his arrangement would certainly benefit the emi- grants, and no complaint should, or could be made, if it was a general one—but this isnot the case. We hear from good authority, that the Agent for the Wes- tern Railroad, and others, after having offered to pre any bonds the Mayor might deem requisite,has een refused permission to be on the Dock at Sta- tan Jeland, or to have. an agent there to book pas- sengere—and everything isdone by the Agent for the boats to prevent any emigrant from using the cheap and expeditious route per railroad for Buffalo; and as the Doctor will not permit any one except Mr. Stevenson, Agent for the boat fines, on his Dock, it would seem to usa stretch of power that must have some geonns which I cannot guess at. I doubt much it R. H. Morris does well understand this movement, for! do not believe that he or the Governor would uphold the Doctor in this proceed- ing. By ingerting these lines and calling public at- tention to the case, you will oblige one who takes an interest to see that those clothed in brief power, do not exceed their limits,and impose for their own, or seme favorites’ benefit, on the public in general. Yours, é&c. F) Le B We give this communication, but have no dates to enable us te express any opinion on the matter. Some explanation seems abeolutely necessary, in order to set the matter right before the public.—Ep, Brandywine Springs. [Correspondence of the Heraid.1 BranpYwink SpPRinas. Sxy Parour, July 24, 1843 Arrivals—-Accommodation—Struggle for a Dinner —Equivocal Repose—The comforts of Fashionable Watering Places. Mk. Eprror :— Here we ure, endeavoring to kill time, which 18 quite atask. On Saturday last there waa a large number of arrivals at the Springs, consisting of merchants, clerks, children of Jerael, and e great many of the Marquis of Carribas’s family. Our host, not having any idea of such an occurrence, had made no provision for the accommodation of the visiters; consequently, it was very laughable to see eight or nine hungry men darting at one poor fowl. Here ettiquette is not known. A number of naughty boys came down from Philadelphia, and kept up such a continual noise, that it was utterly impossible to sleep. They could be easily diatin- gamed on the following morning by their haggard, aca looks. Just imagine yourself ina very small room, without carpet, looking glass, or any convenience—a cot-bed, with a pillow nineteen inches long, seven wide, and two thick, containing three-quarters of a pound of feathers—then, two very long tables, with thirteen servants to wait on the company, which consisted of two hundred and fourteen persons. When you ordered the servant to bring you what you desired, he takes your plate, and if you should be tortunate enough to see him again in twenty minutes, you_may possibly get a small cut of something cold. This is a correct pic- ture of the celebrated Brandywine Springs Un Wednesday we will have a grand display of fire- works, with several balloon ascensions. It was really amusing to see some of the spruce-beer effer- veecence of the Philadelphians, trying to ape the description given in a novel of an aristocratic fa- my As I shall not leave here for some time, | will, as soon as possible, give you the peslieres of some of the aoidtssant fashionables of this place. Truly yours, Veniras. Binghampton. (Correspondence of the Herald.) Bincuampton, N. Y., July 27, 1843. Location of Binghampton—-Hs Prosperity—-Lewis Tappan’s Movements, &c. Mr. Eprror— Dear Sir:— If you will place your finger on the map of the State, and run it along the line of the New York and Erie Railroad, you will find about one-third of the distance between New York and Lake Erie, the place where this letter is dated—one of the smartest villages, it is said, in the southern tier of counties, as well as one of the pleasantest in the State—located at the confluence of the Susquehan- nah and the Chenargo rivers, and at the termina- tion of the Chenango Canal. The New York and Erie railroad runs through the village. Nothing how- ever, appears to be now doing on the road, though 1 am told that an engineer or two are kept here to see that the trout and woodcock don’t increase too fast along the line of the road. This village has near four thousand inhabitants, and its beautiful and compact blocks of stores would not disgrace the commercial metropolis. It has many beautiful residences—almost all of them are at tins season partly hid with the foliage of the trees which surround them, as well ae skirt the streets, crossing inall manner of angles. While surveying the town trom the cupola of the court house, I could not but think that this village pre- sented the finest appearance of any in the State. This opinion is not caused entirely by the change of scene and pleasure of getting again among the green fields and woods of the country, for the Hon. N. Briggs, the whig nominee for Governor of sfas- sachusetts, who ig now here, says it isthe gj asant- est village, with the exception of Cleveland, Ohio, that he ever visited. The Hon. Mr. Briggs has consented, at the re- quest of some of the citizens, to deliver a tempe- rance speech at the court house thisevening. You will recollect it was Mr. B. trom whom the Hon. Tom Marshall received the pledge There are quite a number of New Yorkers here at present. A triend of Lewis Tappan, who Ihave met here, in speaking of Abita Bod 0, you are aware, is now in London, ostensi ly Lye! * the World’s Convention,” says that his main business there is to extend nis “mercantile agency” system, by opening an office in London, to give information in regard to the sanding and responsibility of the New York, Boston and Philadelphia, importere — This friend ot Mr. Tapoan spoke confidently of his succesa, and of Lewis being well qualified to stand at the head of such an inetitution—and thinke that it would be agreat benefit to the honest importer— in fact to the dealers generally on both sides of the water. Perhaps it may be eo, but | beg leave to dif- ferwith him. Ithink it would work iajuriously to all parties exce; ting Mr. Tappan himself. The ae tem which he has now in operation through the country, hasan injurious effect upon the city of New York. Many good and solvent merchants, I learn, have commenced doing business with Albany and Boston—not because they are unwilling their credi- tors should know how their affairs stand, but be- cause they are unwilling to be placed in a situation where their reputation might be destroyed by the assassin’s stroke, without knowing from whence came the blow. ‘ i The Bostonians are travelling extensively Ue the State, extending their acquaintance among the country merchants. ee Mr. hy ely am. a ce $ used to create a prejudice agai aes rer aged Same thinking, for one of pore thbery af "New York, told me he had known a number of young men crushed by the agents of this i tem. “eRVould icnot be well for Mr. Bennett, while in England, tokeep aneye on Lewis Tappan’s move- ments? Yours, Mercnant. Correction —A report was published recently, in ihe papers, of the imprisonment of an American seaman at Matanz:8. A passenger in the Hayne tates that the report isincorect The man in ques- tion deserted from the barque Rochelle, and wasar- vested in the country, about 12 miles from the city, ind having a knife on his person wag liable to im- prisgonment, but on a proper representation being made to the authorities, he was given up to the American Consul.—Charleston Mercuay. Navat..—The U. 8. brig Oregon, Commander L, M. Powell, arrived at Norfolk on ‘Thursday morn. ug from Key West. The Oregon’s officers and crew are in excellent health, and the expedition has ‘ot lost a single man during eight months surveying ervice on the coant of Florida. The U.S, steamer Poinsett, Passed Mid’n E Higgins, commanding. ad attached to the expedition, left Pensacola July nh tor dome slight repairs at Mobile. She will iain eut to operate next season.

Other pages from this issue: