The New York Herald Newspaper, August 5, 1843, Page 2

{ au N YORK HERALD. New York, Saturday, August 5, 1843, MB. BENNETTS LETTERS FROM EUROPE, NO. I Voyage out and arrival at Liverpool— uxtety respecting the non.arrival of the Commbin—D ish Repeal Q ucstion—An l- preted Change of Ministry In Engiand— Mac eady ~Boz—Mr. Bennett's Future Movements, Liverpoo., 19th July, 1843. Alter a delightful voyage of twenty-two days, with the Atlantic as smooth as the North River all the way, we arrived in this town yesterday, at 2 o'clock, in the good ehip Garrick, Captain Skiddy. Lnever enjoyed a more pleasant, casy, or delightful voyage. The only cap-full of wind that looked like agale, was @ fine blow round Holyhead, which lasted fora few hours, and sent us rapidly towards Liverpeol. I have scarcely yet recovered my thoughts and habits for operations on land; but [ shell be under way in a few day and be able to look about me with some attention. We were very much astenished on getting into the harbor to learn that the steamer from Boston of the Ist hed not arrived. Great apprehensions are eoteriained about her, and much speculation is afloat respecting her non-arrival. Jf nothing be known of her on the other side, some serious ac- cident must have befallen her. At the Exchange, which I visited soon after my arrival, innumerable enquiries were made about the weather, the fogs, the ice which ‘he Garrick bad seen on her voyage, and great anxiety was expressed on all hands. I have had no time or opportunity to collect any facts from which to make up my opinions on the present state of government, religion, trade, morals, philosophy, or absurdity of this. mighty country— but I shall do it at my leisure. The materials are ample enough in every department of human life. The Irish repeal question creates still much alarm, but it is beginning to aseume the form of a mere opposition question to the present cabinet, and will probably end in such aresult. On this vital point, the majority of the ministers have already been reduced {o seventy-three in the House, and O'Connell considers the fact ae a prelimi- nery triumph. Vast numbers of troops are concentrating in Ireland—some say 40,000—besides a large fleet on the coast; but I don’t believe there will be any war or outbreak. 1t may end in an ac- cumulation of difficulties sufficient to cause Sir Ro- Extraordinary Charge of Conspiracy to De~ fraud the Atlantic Insurance Company— Arrest of “ Nigger” Hamilton, and James Bergen, a Notary Public=Wall street In an Uproar—Committal for Trial—Letter from Bergen to the Editor of the Herald— Impadent Letter of “Nigger” Hamilton to the Editor of the tHierald—Attempt to Sap- press the Publication of the Proceedings | by B.tbery and Threats, Yesterday considerable excitement existed in | Wall street,and round the Tombs,in consequence of | the arrest oi James Bergen, a Notary Public, and | Jeremiah G. Hamilton, better known as the ‘‘Nig- ger proprietor of the Swn,” on a charge of attempt- ing an enormous fraud on the Atlantic Insurance Compaay. The case has been in the hands of the Police since Januury last, but it was not “ripe” untilsome few days ago. Officers Stokely and Os- born, Mr. Callendar, a clerk in the Police Depart- ment,and Mr, Justice Matsel,in person or by agents, have traced the steps of the parties through seven dreary months, to establish the case beyond the Possibility of centroversy, and they have moved with great care, cireumspection, and secrecy. In the course of their enquiries they got hold of a man of about fifty years of age, of foreign extraction, named Sutter or Sutton, who appears to have been an agent in the attempted fraud, in the prosecution of which he admits that he several times commit- ted perjury at the solicitation of Bergen. This man —a master mariner, who has a wite and family at Buenos Ayres, but has resided tor the last eight months at Staten Island—communicated informa- tion which led tothe arrest of the parties, and on Thursday night the warrants were issued and placed in the hands of officers Stokely and Cockefair,who yesterday morning arrested James Bergen and Jere- miah G. Hamilton, and lodged them in the Tombs. Soon alter their arrest they were brought up for examination before Mr. Justice Matsel, Mr. Wm. M. Price, appearing for the accused parties, and Mr. D. Lord, jr, the counsel for the Insurance Com- pany, forthe prosecution, The testimony of Sutter and Mrs Barstow, was taken at great length, but it will be better understood, and also the nature of the accusation, by the following narrative :— _ On the eighth day ot July, in the year 1883, an insurance was effected by Messrs, Peter Harmony and Co , with the Atlantic Insurance Company of Ne v York, on the ship Ysidia, at and from Calleo to Cadiz, with liverty to touch and trade at Guaya- quil, on six boxes specie, of the value of $17,250— five boxes containing 1229 marks silver, equal to $11,508, valued »t $29,150, and atand from Guaya- quil to Cadiz on 973 Castellanos, gold bullion, valued at $2373. The above property was shipped in the name ot Captain H. Barstow. “Such insurance was eflected atone and a quarter percent, “ on account of whom it might concern, loss, it any, payable to Peter Harmony and Co.” A demand was subse- quently made by Hathaby Barstow, eaid Captain, tor the amount of such insurance, the papers having been presented by Messrs. Harmony and Co., said Barstow representing himself as the agent for Jose Maria Lunar. M:ssrs. Harmony and Co. having no interest in the insurance, assigned it to Hathaby Barstow on the 25:h November, 1833. The appli- ca'ion was refused by the Aulantic Company, on the bert to resign, and then will be brought in a new This country is ina somewhat troubled state, and I will endeavor to ministry and more trouble. give as correct @ view of its condition as I can—but x little time will be necessary to accomplish it. The launching of the great iron steamer at Bris- tol to-day, under the patronege of Prince Albert, is the commencement of a new era in Atlantic steam navigation. 1 suppose she will soon start for New York. Macready, the actor, is going out in the autumn. He has lost every thing in attempting to revive the legitimate drama in London, and now betakes himself to America as hislast resort. Let him have a welcome according to his merite.— Dickens is now very busy wiiting the true history of his travels in the United States, under the nom de guerre of Mortin Chuzzlewit, but it is sad trash at the best. He is now ridiculing all his friends and foes alike, without any respect of persons. Iwill have a great budget the next time I write. 1 hall be off in afew days for some of the Eng- lich watering places, and contrast them with Sara- toga and Rockaway: also for Ireland—tor Scotland —for London—for Paris—for every where. Stare or Arraims in Great Barrain—Mr. Ben- wetr’s Letrexs.—We received yesterday the first communie:tion, written by Mr. Bennett on his ar- rival at Liverpool. Having arrived on the day pre- vious to the departure of the steamship, he could do little more thaa notify us ot the safe termination of his sea-voyage, and his intended future move, ments. His letter, however, will be read with great interest, corroborating, as it does, the accuracy of those views respecting the Repeal agitation, and the position and prospects of the Peel administration, wih were expressed in this paper before his de- parture for Europe Mr. Beauett has visited Great Britain at a most eventful crisis in herhistory. There never hasbeen before a period in her career at which there has been such a combination of circumstances, influ- ences and events, so calculated to awaken the fears of all interested in the stability of her institutions: Every where the elements of disorganization are a work. Wellmay oneo! the most violently anti-re- publican presses ia Great Britain exciaim— ‘ « around in the country,or to remoter causes beyond this couatry, and we behold, as it were, the very elements of the social fabric heaving beneath the awful noise as of distant ruin comes upon our ears, and even they who sit in pelaces aud in castles are forced to think ef the surg- ing waves of political distraction, which seem not unlikely to sweep them from their seats.” But very differently does the friend of hu- mao rights regard these “signs of the times.” He sees in ali thie the moving of the spirit i liverty on the face of the waters. The struggli of the oppressed Lrish people—the quiet bat no less eiguiheant progress of events in Scotiand— he spas rnodie movements amongst the discontented masses in Englund and Wales—the startling growth of yund democratic principles in the churches of Great Britaim—all these betoken in the clearest manner, the existence on the other side of the At, jautic, and in an emaipotence soon to be more fully exhibled, of those glorious principles which have been bringing forth the blessed fruits of peace, and order, and national prosperity on the soil of the new world. With the example of republican America constantly before their eyes, with an awakened oe of the possession of that moral ioree which wisdom and intelligence create—with uewly acquired and just notions of popular rights, the people, the masses of Great Britain, have at last fairly entered the field of conflict with the few who have heretofore trodden them under foot, and who ca our feet boon ousness doubt the issue? e months ago predicted, the Peel adminis- tration must resign. Will the whigs—the moderate whigs—have on easier seat? We trow not. They are just as ready to stand by their order. Their hearts are equally hardened agsinst setting the peo- ple free. Bat they will reluctantly make some eon- cessions,and proportionably increase the strength of What then? The veorue will assume the reine of government themselves. Nothing but the weachery or the folly of the leaders of the peo- the people. ple ean postpone that much longer Unbeliever in the advancing might of civil and religious liberty, waite litle ere you hoot at our opinion. Aud iti: atsuch @ stirring time ae this thet Mr. Benoett visite the old world. Of his competency to take am extended and just view of the progress of the revolation, we are not required to speak. He will at all events give us something better than the mogniloqueat and blundering description of scenery aud hashed -up guide-book information, with which two or three ne» spaper scribblers are at present loading her Majesty’s North American mails. The it budget” of which he ae vile eu + no oral witeres ground of alleged traud, when Barstow instituted proceedings against the Company in the Superior Court of this city, in the name of Joseph Maria Lunar, sometimes called Hesea Lunar. Barstow being the only apparent agent in the direction and prosecution of the seperedings, the Court directed that legal proceedings should be stayed until autho- rity could be produced from the plaintiff Lunar, by Barstow, constitutivg him bis agentin the business. Barstow was believed to have proceeded to South America or the Westein Coast, for the purpose of finding Lunar, and has not again returned to this city. His wife, however, some years after, was understood by the Company to be engaged as his administratrix in presecuting such law suit. Mrs. Barstow, on her examination before Justice Matsell, gave the following statenlent:—Her hus- band, Hatherby Barstow, commanded the ship Ysidia. He returned to this city on the 6th Novem- ber, 1833, and reported to her the loss of his ship and cargo, a portion of which was this large amount of specie, which he informed her had been insured on his own account and risk, and that the insurance company, having refused payment, he had com- menced a suit against them, Messrs. Johnson and Ogden being his legal advisers. He also informe her that the specie was the preperty of a Mr. Lunar, but does not recollect having beact him say where Lunar lived. Inthe month of December, 1834, her husband informed her that it was necessary he should proceed to South America to find Lunar and bring him to this city, or procure documentary evidence of his ownership of said property—and that he ac- cordingly sailed for Vera Cruz in the brig Paragon, and has not again returned. She heard of him only on two occasions, the first from Captain Trask, who told her he had seen him at Vera Cruz, and that he (her husband) had taken charge of a letter tor him, which letter arrived sale at its destination at New Orleans—the second time was from a friend, who informed her that a Captain Snow had seen him in Guatamala, and on making inquiries through the Consul, she found he had left there. This was the last report she heard of her husband. About six years after his absence, a Mr. Thompson cr|led upon her, representing himself to be an insurance broker in Wall street, and inform- ed her that he could recover for her the money that her husband had in litigation with the Atlantic In- surance Company, and solicited her to take out letters of Administration and proceed with the suit. These solic*tations were renewed at several subse- juent periods; and afier advising with her father, tephen Kingsland, she called upon his legal advi- sers, Messrs. Tillou and Cutting, and placed the matter in their hands, and had the papers delivered over to them from her husband’s lawyers, Messrs. Johnson and Oaden, in whose possession they were. About 12 or 18 months afterwards, she was called upon by a colored man named Jeremiah G. Ham- il'on, at her father’s house, by agreement, when he informed her that he had a pewer of attorney from Mr. Lunar to receive the papers, and that Mr. L. had arrived in this city, and had already taken the necessary steps to prosecute the unsettled suit in person. He also informed her that unless she gave up the paper voluntarily, he would be compelled to take them trom her by law—but he was reluctant to enter on sucha course, as she wasa female! Mrs. Barstow consulted with her father, and he advised with Messrs. Tillou and Cutting, who recommend- ed that the papers should be delivered up, as the proper owner having arrived, she could not legally hold them. On such advice she executed an order, directing Messrs. Tillou and Cutting to deliver up allsaid papers to lawyer Anthon, who was Mend en authorized by Hamilton to receive them. This was done, as she has reason to believe, and this is the only knowledge she hasot the case. a The Insurance Company having had some inti- mation of what was transpiring, had a man named Richard sution, alias Sutter, arrested, and ater considerable trouble, he made the tollowing con- fession or etatement of the matten— About three years ago he beeame acquainted with James Bergen, a Notary Public and Jasurance Broker in Wall street, with whom he transacted some underwriting. In October, 1812, he had se- veral conversations with Mr. Bergen, in which he related to him (Sutton) the circumstances of a case in which he was engaged, ia endeavoring to reco- verfrom an insurance company a large amount of money, to cover a loss of specie and bullion lost at sea. He recollects the name of the captain was Barstow, but does not recollect whether the name of the ship or et the insurance company was told him at such conversations. On one of those visits Mr. Bergen invited him to dine at Clark and Browne’s, where they drank several glasses of brandy and wine, both before and after dinner, and returned to Bergen’s office, where Bergen informed him that the insurance case which he had told him about, was nothing more or leas than am intended fraud upon the Atlantic Inswrance Company, and it was necessary, for the purpose of carrying out the affair clearly, that some person should make oath that he was acquainted with a Mr. Lumar, the al- ledged owner of the property, and thathe hed seen Lunar subscribe a certain affidavit. Bergen pro- posed that he (Sutton) should be the person for that business; and he being at the time pretty much excited by liquor, consented, having been pro- mised that he should receive some thousands of dollars for such service. The affidavit was pro- duced ready drawn, and they together proceeded to the office of Mr. William Austin, a Commissioner ot Deeds, at No. 14 Wall street, and before whom he made oath to the truth of the contents of #aid affidavit. Alter leaving Austin’s office, he was taken by Bergen before another Commissioner of Deeds, whose office was in the same building with the Courier and Enquirer newspaper office, where he made oath to a second affidavit—ot the contents of which he was perfectly ignorant, except, that as they were entering the office, Bergen told him it contained @ statement that he (Sutton) was Mr. Lunar—the alleged owner of the property. The Commissioner's name he believes was Snowden.— He further says that he never afier saw that affi- davit, nor did he at any time hear it read While things were inthis state,and before swear ing to their affidavite, he had met Hamilton, the colored man, at Bergea’s office several times, but had no conversation with him. However, shortly had sworn to the affidavits, he met Ham in Bergen’s offi vere st Was made Known to him by Bergen that Hamilton was concerned in the conspiracy to defraud the Insurance Oompany. ‘The Atlantic Insurance Company of New York. roduced by officers of the crush apy man who dared to oj) fearlessly as I have done. by ny, y frlends end the public that [ have never yet committed an act for which I should hide my head with shame. this reason the public should suspend its opinion until both sides are heard. produeed a confidence between all parties, several conversations were had upon the business and its prospect of success. He met Hamilton three times at Hamilton’s house, on two of which occa- sions Bergen was present—the third interview Ham- ilton and he were alone. It was at these interviews that Hamilton and he consulted about how their future movements were to be regulated,.and the flans for carrying out the fraud were more fully matured, Hamilton appearing to be the chief mover. Hamilton, also, promised him that he should be well paid for such service. From all the information he could obtain at these interviews, he was lead 'o believe that Captain Barstow was dead. “ Jn January last Bergen called on him again, end told him that to effectually carry out what had al- ready been so prosperously dene, it wi that he should swear te another affidavit. proceeded to Hamilton’s house, and after a consul- tation between Bergen and Hamilton, they all pro- ceeded to the of of a commissioner, ai the cor- ner of Centre and Chambers streets, and there he made oath to the required affidavit, the contents of which he is pertectly ignorant, he never heard it read or explained. The name of the commissioner he has forgotten. Two affidavits were signed with the name ef Lunar, when exhibited to Sutton, but as he recollects, the name was not very distinct, “being flourished around very considerably.” Ber- gen had informed him that the amount in litigation was $50,000, and that the suit was to have come on in February last, and again in September next. The conversations between Sutton and Bergen in Snow- den's office,were in the Spanish language Sutton was cross-examined yesterday in presence of the accused parties, by their counse’ L, Mr. Price, when he stated that it was at Brown’s, in Water street, and not at Clark & Browns, that he dined with Mr. Bergen, that it was on that day he made oath to the first affidavit, was then sufficiently sober to understand what he was required to do. “* Bergen,” he said, “‘did not say that he wanted me to assist him in defrauding the ¢ Compa- ny. Ipresume I was sober enough townderstand, and I did 80 understand him, that he wanted me to swear to @ falsehood.” That when he swore to the affidavit in January last, he was sober, and did not know a single word of its contents. i ‘ The accused, under the advice of their counsel, refuse to answer any questions. They declared their peaneense of the entire charge, and were ready for trial. The examination being ended. Justice Matsell de- manded from the p rues bail, Nigger Hamilton in the sum of , and to justity in $22,000. Mr. Bergen in $8000, and $10,000 to justify in. After considerable delay Mr. Benjamin H Day entered the necessary bonds for Hamilton, and he was per- mitted to go at large. We learnthat Mr. Bergen’s bail will be ready to-day. 2 While we were engaged in co; ying the proceed- ings the colored man Hamilton came to the seat and begged us to withhold the publication for one day, and that he would pay any amount we would re- quire. This of course we politely declined, and he then added something about suits tor damage, or former liberality, which we did not attend to,being teo busily ea Ee to suffer anything which such a character could say or offer. The following are copies of the affidavits, which Sutton made, to which reference is had in the pre- ceding narrative. No. 1.—Affdavit made by Sutton, that he was person- ally acquainted with Jose Maria Lunar. SUPERIOR COURT. Jose Maria Lunar vs. The Atlantic Insurance > City or New York. Company of New York. Richard Sutcon, of the city of New York, Master Ma- riner, being duly sworn doth depose and say, thet he is well acquainted with Jose Maria Lunar, the person who signed and swere to the annexed deposition. ‘That he has known said Lunar for about twenty two years, having first met and become eacquail with him at the port of Cadiz, in Spain; that he has since met him in Rio de Ja- neiro, as late e that the said Jose Maria Lunar, signed the said affidavit; and swore to the samein this deponents presence, and is the plaintiff in the above entitled cause. And further he saith not. Signed, RICHARD SUTTON. Sworn this 16th day of November, 1842, Before me, Signed, WILLIAM AUSTIN. Commissioner of Deeds. No. 2.—Afidavit made on the same day with No 1, that he (Sutton) was himself, the said plaintiff, Jose Maria Lunar. Jose Maria Lunar, vs. City oy New Yorx. Jose Maria Lunar, being duly sworn, doth depose and say, that he is the plaintiff in the above entitled cause— that the policy of insurance on whioh the cause is brought, was made for deponent’s benefit, and to cov deponent’s interest in the specie and bullion therein in- sured—that at the time of the lading seid specie and bul- lion on board the ship or vessel in said policy mentioned, ‘and at the time of the loss, he was the sole and only own- er thereof—and that the above entitled suit was brought and prosecuted hitherto for his benefit aud under his au- thority; end further he saith not. (Signed) JOSE M. LUNAR. Sworn this 16th day of November, 1842, before me, THOMAS SNOWDEN, Commissioner of Deeds, No, 3—Sutton again swears that he is Jose Maria Lunar, the Plaintiff. Jose Maria Lunar ve ‘The Atlantic Ins. Co. Jose Maria Lunar being duly sworn, saith that he is the City or New York. plaintiff in the above entitled cause, and that the insu- rance which forms the subject matter thereof was made for his benefit. That he isa native of old Spain, having been born in Madrid. That at the time the said insurance was effected, he was a general trader along the west coast of South America; that he wasan unmarried man, having no fixed place of residence, taking up his abode tempor: rily wherever his business led him. That at thetime the said insurance was effected, his residence for the time bemg was at Lima and at Callao, which is the seaport of Lima. And further he saith not. i JOSE M. LUNAR. (Signed) Sworn the 19th day dere) 1843, before me, J. LABLAGH, Com’r of Deeds. We have received the following letter from Mr. Bergen, one of the partiesimplicated, which we pub- lish at his request :— Avousr 4, 1843. was surprised this morning by an arrest the infemous management of the Atlantic Insurance Company, who hai ars, and who would juc been my personal enemies (or Th ‘of one, whe, by his perjury. I shall give the necessary ba: lacking the Com: in due season, convin 2 For Respectfully, your obedient servant and friend, JAMES BERGEN. ‘We also received at a late hour lest night the fol- lowing impudent letter from ‘* Nigger” Hamilton, which speaks for itself :— issih 4. Sin :—A complaint having bvem made this day at the Police Office, charging me with conspiracy to defraud the Atlantic Insurance Company, in relation to aclaim which has been pending against said Company for ten years, in the superior Court of this city, and said accusation will be ‘ed to be infamously false and wickedly malicious I hereby notify yeu that I shall hold you legally responsible jor the publication of any ex parte statement relative thereto in your paper Respecttully, J.G. HAMILTON. Saratooa.—The “ Sage of Lindenwold” is very busy at Saratoga. He smiles, and shows his last set of teeth more gracefuily and sweetly than ever. A whole host of political intriguantes, male and temale, are in his suite. Martinis raising fresh re- cruits amongst the ladies every day. Tyler, Clay, Calhoun, Cass, and old Dick Johnson, had better bestir themselves. They must come to the Springs at once, or they’re all “ gone coons.” The beauty of the North, South, East and West, continues to wing its way daily and hourly to the great centre of attrac- tion. Hearts are lost and won by hundreds in the fragrant hours of the morning, when the springs bubble cool and brisk—in the noonday when the couches and sofas ef dimly lighted rooms, invite to languid repose—most of all, in the calm eventide, when only the stars look down on the shady walk, the balcony, and the dear, inviting, and most accom. modating window recesses. Mothers are sadly dri- ven, looking after their daughters and their own cavalier servante—anxious fathers and husbands are as fidgetty as parched peas on a gridiron—and more than one doting parent has had reason to sing,toa werry melancholy air:— “Our Polly is asad slut, nor minds what we have taught I oeator te man alive, would ever rear a daughter! For when she’s drest with care and cost, all fine and tempting gay, As we would treat acucumver, she flings herself away.” Dear, pleasant, bubbling, bothering Saratoga! World in miniature—prettily set, too! Sparkling asthy waters—not without gas, either; and occa: sionally saluting the philosophic olfactories with an odor as agreeable as some of thy badly bottled im- portations, a twelve-month old! Lerrers vor THE Paciric.—The ship Creole saile from Boston for Valparaiso on the 10th instant. Letters for the Naval Squadron in the Pazifie, will 20 more expeditiously by this route than by any ver. Bags aren up at Harnden & Co’e until val! past four on the afternoon of the Oth. Tux Anti: for the publication of a newspaper in opposition to old mother church and Dr. Seabury, her jesuitical son, are rapidly progressing. A good deal of diffi- culty wes experienced in selecting an editor. Some proposed to organize an editorial committee, one half of the number to be chosen from the clergy, and the other half from the laity. But this was ob- jected to by asagacious old churchman, who pithily remarked, that the laity and the priests had never worked together in harness, and never could. It was then proposed to choose a single lay champion, and a good deal of discuasion ensued relative to the respective merits and qualifications of Col. Webb and David Hale, the majority deciding in favor of the Colonel. We regret that no one was present at the conference to urge the claims of a gentleman, whose acquaintance with the scriptures, and the whole range of theological controversy, and more than that, whose sincerity and honesty place him immeasurably above blustering Webb and hypocri- tical Hale. We allude to Mr. George Whitney, familiarly called ‘‘ Uncle George,” the faithful and efficient clerk of our prese-room, and director-gene- rel of our city circulation ‘* Uncle George” could not play the part ofa bully so well as Webb, albiet he wouldn’t have danced so gracefully out of the reach of Duff Green’s pistol; neither can he wrig- gle, and twist, and equivocate so dextrously as the worthy who turns the Tabernacle of the Lord into ‘a concert-room or a pelitical bear-garden, “‘ for a consideration,” but there isin him, we will venture to say, more honest, faithful, sincere, and devoted attachment to what he regards as the truth, than there is in ninety-nine Webbs and Hales, and the half of an Episcopal Convocation or Presbyterian Synod, thrown in by way of a make-weight. We make these remarks for the benefit of Messrs. An- thon, Smith and Co., for whom we have rather a liking, simply because they came out like men, and kicked upabit of abreeze—and we are Iriendly to all sorts of breezes in the religious, as well as the political world. They clear the atmosphere. So, if these gentlemen want a good and efficient editor, they know where to go. In rejecting Webb and Hale, they showed that they were not to be caught with chaff, so we have the greater confidence in presenting our candidate. This anti-Pusyite paper, in truth, will, if conduct- ed in the right spirit, and with sufficient energy and talent, produce very important results. We are just now on the eve of a great religious revolution. On ihe one hand we have all the “ stricter secta”—the “evangelicals”—concentrating their forces, break- ing down their partition walls, and preparing for a grand united onslaught on Rome. Then the Catho- lie church on the other hand is more industriously at work than ever—extending her borders—build- ing up the breaches—strengthening the power of the priesthood—and preparing to wield on any emer- gency the vast power of her great concentrated or- ganization. And then there are the mustered hosts of infidels, sceptics, fanatics, Fourierites, and in- cendiaries of all descriptions, with the devil at their head, all well-nigh frantic with their anticipations of the coming destruction of all the blossoming hopes of the true friends of truth and liberty,whose phitosophic quiet, however, remains undisturbed by the din and tumult of those bustling times, and whose future is full of the blessed fruits of the in- creased intelligence, freedom and happiness of the races which are to come. At such an epoch every movement is important. We like especially to see the press brought to bear on all the points at issue between the disciples of rival creeds. Free discussion elicits and establish- esthetruth. Itshames some who shrink from the light of day into adeclaration of the faith. So let us, by all means, have an antagonist for the “ True Churchman.”” We shall cheerfully stan ee fair play. Gentlemen, when do you take the ground Mepicat Lirerature.—The Messrs. Langley,with aspirit and enterprize which must command appropri ate success, are bringing out several valuable medical works, in the best style, and--important item—at prices ‘to suit the times.”” Amongst them is Pere- iva’s great treatise on ‘Food and Diet,” and “‘Ken- nedy on Obstetric Auxultation,” the latter embellisa- ed with splendidly executed lithographs. Pereiva’s work ought to be in every family library, and Ken- nedy’streatise is invaluable alike to the lawyer and the physician, from its important bearings on the science of medical jurisprudence. Doper’s Portrait or Cray may be seen at 343 Broadway. An engraving is to be made from it, and, if properly executed, will place the best like- ness extant of “Harry of the West” within the reach of all his admirers. TexrLeton.—The terms demanded from the Park management by this great vocalist, have not been correctly stated. We were yesterday shown a let- ter from him to a distinguished and well-known singer here, in which he states his terms, as pub- lished by us some weeks since, namely, an engage- ment for forty consecutive weeks, at one hundred pounds per week, and eight clear half benetits.— This is by no means extravagant, considering the large income wh at present realiz-s in England. It is very likely that Simpson will come to terms with him, and that he will be accom- panied by Garcia or Albertazzi. Nisco’s Garpen—Frencu Troure.—We regret to say this spleadid company have lett this city for the North. The beautiful notes of Md’ile. Calvé have died away, and hereafter we must content ourselves with more earthly sounds. Their en- gagemenc terminated with a benefit to the most in- teresting vocalist of the season, Md’lle. Calvé, which took place at Niblo’s on Wednesday night last, and it was most brilliant. The house was crowded to overflowing, and the audience were in ecstasies of delight with her singing, which was better than ever we have heard from her. Mad. Lecourt was also excellent. Blés was the very picture of the VIII. Henry, and acted the character with credit. After the performance Mad'ile Calvé was called out, and was received with a shower of bouquets. Mad. Lecourt was also called for, which was unex- pected, and she had to come forward in her desha- billé, as she was preparing to leave the garden. Al- together, Anna Bolena was the best opera produced this season. The French company will long be re- membered in New York. Dissxow’s Riwine ScxHoot.—A paragragh appear- ed in the Herald yesterday, which possibly may cre. ate the impression that Disbrow’s Riding School has been closed—but such is not the case, for it is continued as usual. We merely intended to say that Mr. Davis has left that establishment, and is about to erect a riding school on his own account. Rerty to Dickens’s Norgs, ny aN AMERICAN Lavy.—A countrywoman of ours, indignant at the injustice manifested towards our nation by Dickens, and other English writcrs, has taken up the cudgels (such as a lady may properly use) in defence of her abused country. This appears in a shilling book, which the Harpers have published under the title of “ Change for the American Notes.” The book is pleasant and racy, without exaggeration or bitter- ness, and will very favorably compare with Mr. Dickens’s splenetic production. They say Miss Sedgwick is in England; in which case there is some foundation for the guess which some have made that she is the author. For sale at the Herald Literary Depot. New Music.—We would call the attention of our readers to the advertisement of music as published by Atwill, in to-day’s paper. pa Aint Sate Franktin Savt Warer Batus, Castir Garpen.— {n reference to the general and indispensible neces- sity of bathing, we have but few remarks to make n addition to those we have hitherto conscientious ly advanced, and these are simply that the Frank- lin possesses all the advantages necessary for the stibe commnaily e adver seid health aad comlort tisement useYITE Parer.—The arrangements | CHanceuor Kent anv THE B, or THE State ov New Yorx.—A very interesting correspondence between the venerable Kent and the bar of this State, has just been published. It is thus intro- duced :— Ata meeting of the members of the bar of the State of New York, ening the July term of the Supreme Court, at the ae tica, on the 18th of July, 1843, the ta James Clapp. Eu. at Chentngo cousty, Secretar, james Clapp, Esq., of Chenango count; re! thefollowing resolutious were passed ; Whereas, Chancellor Kent will, on the 3ist day of the present month, complete the eightieth year of his and the members of the bar of the State are desirou: once more meeting the venerable and honored patriarch of tho profession,jand of testitying their respect, grati> tude, and affection tor his protound learning, eminent ser- vices, and private virtues. Therefore, Resolved, That on the 31st instant, Chancellor Kent be invited by the bar of this State, to a public din: time and at pinae ss he may be pleased to Resolved, That the following members of the bar bea committee to make the necessary arrangements for carry- ing into effect the wishes of thia meeting. dd (Here follow along |; ry county in the State. A letter was prepared by the committee from New York, and forwarded to the venerated Chan- cellor. It was written with great spirit and feel- ing, and after a somewhat lengthened eulogium on the character, talents and public usefulness of the distinguished man to whom it was addressed, con- cluded by tendering him an invitation to a public dinner. The reply of the Chancellor we cannot re- frain from giving. Every line sounds like solemn music, and imposes itself irresistibly en the hearts of all who can appreciate the dignity of a lofty mind, and the purity of asoul at peace with God and man. Who can read it without being affected? Who can read it without being warned, instructed aud improved? There is a patriarchal dignity, sim- plicity and affectionate earnestness pervading this letter, which bring at once before us the image of the venerable writer—crowned with well earned honors, and not unconscious of the homage of his fellows, but with that justifiable pride, tempered ‘and sanctified by that spirit of humility which adorned the “meek and lowly” founder of the Christian faith. Long may he yet be spared to in- struct us by his example, and inspire and warn by his solemn words of wisdom and advice ! New York, August 1, 1843. To David B. Ogden, Esquire, and the other gentlemen of the committee, representing the members of the bar of the state of New York : GentLemen—I have received your address and invita- tion, in behalf of the bar of the State to a public dinner, with affectionate gratitude. Your kindness and regard have gone far beyond my deserts, and no testimoniul of respect, not even the highest elevation and station, could have been more grateful to my feelings. I can hardly realize that I have attained to the very ad- vanced age you mention, fer my general heal: and cneerfulness have, by the goodness of Di dence, been uniformly prossrved from early youth, and remain unimpaired to this day. You have, gentlemen, ‘met me in the midst of my own descendents, down to the third generation. nati naterum, et qui nescentum ab illis. 1 am living literally among my posterity, as well in professional 5 in domvetio, tee My Eontesnporasion have nearly alideparted, and although during my official career I was familiar with the bar and with the Courts in this Co State, I now perceive that I have acquaintance with most of the gentlemen who have done me thehonor to unite in this invitation. When | first entered into public life as a member of As- sembly, in 1790, there were but sixteen counties in thi now the inv: jon comes from members of the e distributed Oe eee faye of them. 1 am conscious of the high character and dignity of the of names of lawyers from eve- bar of this State, I rejoice in their prosperity, and sy mpa- that concerns their thize with them in every thin, interests and honor ; and if is witl ment and regret that I feel the acceptance of the distinguished mark of respect which they have proposed. ‘he personal details you have so kindly given in your address. entitle me to plead an apology, and I beg leave te mention that, in June last, I had the honor to receive a similar invitation fromthe Philadelphia bar. I stated in ito their respectful and affectionate address, en on the verge ofeighty, and that it appear- ed to me for some time past to be preper and expedient, considering the gentle admonition sted ty that period of , to withdraw, as much ibie, from public duties’ and festivities of every kind ; and that s0 long as my life and health were permitted to continue, to confine myself to domestic retirement, and to the studies and pursuits to which I had been accustemed, and which were suitable to that tranquil position. ‘The ground of that apology net only exists, but you will perceive that the very Tact of its having been then assigned, h. J Aslres to it additional and conclusive force. Tam unwilling to take my leave of my brethren of th bar, without respectfully suggesting that the protection, cultivation and influence of the jurisprudence of our country is confided to the profession of the law. The se- curity of our civil and political privileges greatly de- pends upon an enlightened, impartial, honost [age and independent administration of justice ; and this inestima- ble blessing depends essentially on the character of the bar, and they ought, and I trust they generally do feel, all the responsibilities which such an elevated trust im. Permit me finally to add that, in my apprehension, best way to be useiul and heppy in this life is to cultiv the domestic affections ; to love home, and at the sam timeto exercise a benevolent disposition toward othe! to be temperate and just, to pursue lawful busier whatever it may be, with diligence, firmness and integrity of purpose, in the perfect belief that honesty is equally binding in the discharge of public as of private trusts ; for when public morals are destroyed public berty cannot survive. If we are aspiring, we ought not to lose our diffidence, and if ardent for reforms, we ought not tolose our discre- tion. We ought to listen to the maxims of experience, and respect the advice and institutions of our ancestors ; and above all, we ought te have aconstant and grateful sense of the superintending goodness of that Almighty Being whose wisdom shines equally in his works and in his word, and whose presence is every where sustaining and govering the universe. Thave the honor to be, gentlemen, with perfect respect your obedient servant, JAMES KENT. Excursion To THe Upper Laxes.—By reference to our advertising columns of to-day, it will be found that the splendid low-pressure steamboat In- diana, Capt. J. T. Theatt, will leave Buffalo on Sa- turday, the 12th inst., ona pleasure excursion to Mackinaw, Sault St. Marie, foot of Lake Superior, Green Bay, and Indian Settlements, touching at all the prominent points on the Lower Lakes. The steamboat Indiana is one of the best boats plying between Buffalo and Chicago, and her gentlemanly commander is held in high esteem. To those who have never visited the upper country, this opportu- nity should not be neglected, as the present is the season of the year most desirable for this excursion. The whole time occupied by this excursion will be fifteen days, affording sufficient time for a satifac- tory view of all the important points on the route. A Bit or Apvice.—Have you got a fit of the “blues”—or are you tired of the dust and turmoil of the city—or would that lady on your arm like a quiet stroll on the banks of the Hudson, or on the wood-embowered lane ? Cross over the Hudson, then, by any of the excellent ferries at the foot of Barclay etreet, or Canal street, or Christopher st., and get atonce to the “Elysian fields’—happily named. You will find them more paradisaical than ever, for every evening the most celestial music floats on the summer air. Free instrumental con- certs are given every night on the lawn, and are attracting crowds of the lovely and fashionable maida, matrons and widows, who have mercifully remained to bless our city. The balmy evening air —the leafy woods—music—bright eyes—need we add another word to our “bit of advice?” Nisio’s—The Ravels give a very strong perform- ance to night—Jocko, or the Brazilian Ape, tight rope by the whole family, and the ever welcome comie Pantomine of Mazulme, the Night Owl.— ‘This is an entertainment worthy the notice of “old and young.” Young Marsette is very surprising as the Brazilian Ape—Gabriel plays in three entertain- ments. Parents could not amuse their children more than by taking them to the Garden this even- ing—the bill is of a light, agreeable, diversified char- acter, well calculated to please the young folks, At no establishment in the country can parents take their children with greater satety from inconvenient crowding than at Niblo’s—to the ladies and “‘little folks” seats are alwaye conceded. The excellent Band still delights the audjence by their correct manner of playing the waltzes, gallopades, dec., in the Saloon. John Sefton and the English Vaudivilles we perceive, commence next week. Cuatnam TueatRe.—This house must,be coining money for the management, judging from the num- ver of self-gratified countenances present on each -vening. ‘The manner of getting up the piece to- gether with the talent at command, must insure profitable satisfaction to allengeged. ‘To-night Mr Kirby takes a benefit, and if unusual novelty and nee can command attention, his appeal will not be made in vain e BY THE SOUTHERN MAIL. SSE Examination or Garpner. —J. McLean Gardner, the young man who attempted to assassinate the Hon. Charles A. Wickliffe, “Cuesday last, was brought before Judge Brice yes- terday afternoon on u writ of habeas corpus, and tried by a special jury to ascertain whether he was laboning under alienation of mind at the time of the assault, and whether he was still so, The following are the names of the gentlemen who composed the Jury: a B. H. Richardson, Jol |. Brown, John Hurst, Charles Geno, saamne Herat iyi ler Fisher, Wm. Schroeder, Wm. F_ Murd Colyer, Mareus Denison, Alexander Smith. pe: ites eorge R. Richardson, Esq. Prosecuti: , ney, conducted the examination for the rin rt vid Hoffman, Wm. H. Norris and Joseph B. W'liiams, Esqrs. appeared for the prisoner. The first witness called to the stand was Mr. V. Turner, a Clerk in the Land Office, who deposed that he left Washington on Saturday last in the same boat with the prisoner for Old Point Coifort. On the age the conduct of Gardner was so re- markable, that the witness was impressed with the belief that he was not perfectly sane. After the witness had landed the next morning at Old Point Comfort, he missed Gardaer, and concluded that he had gone on to Norfolk. On Monday Gardner came back to Old Point frem Norfolk in the return boat, aud assigned asa season for not having stopped at Old Point, ee he had origi- nally intended, that no board was placed from ihe boat to the whart at the back part of the boat, where he was standing. He afterwards informed Mr. Turner that he had been carried to Norfolk on sus- picion of having stolen a trunk from on board the steamboat. The whole of the witnees’s testimony went to prove that Gardner was insane from the moment he went on board the steamboat at Washington up to the time of the commission of the deed. Mr. Wicklifle being too unwell to aprear in Court, the Court and jury proceeded to his room at the City Hotel, and heard his testimony, which also went to establish the insanity of the prisoner. The Court then adjourned the further examination of witnesses until 10 o’clock this morning —Baltimore American, Aug 3. » Postmaster General, on Destauctive Fire at Wivminaton, DeLawane —A destructive fire broke out yesterday morning about 2 o’clock, in a stable and slaughter house of one of the principal butchers of Wilmington, totally consuming several buildings on the ground, with cattle, hay, grain, ke. When the boat left Wilmington, at 6'orcleck, the flames were not yet subdued. =a Sales of Stocks at Philadelphia yesterday, 20 shares Wilmington Railroad 11} ; 60 do. Mechanics’ Bank 18}; $558 66-100 Old Annual 6’s 1846 53; $1000 County 6’ 1864 1044. Arter Boanp.—10 shares Camden and Amboy 85}; ber 8 1859 434 ; $1072 do. 1870 48}; $46 State O's —_—_—_ PuiLapenrHta, Aug 4—Arr Germ, Kirby, Arecibo; hwo Marys, Mott, ax N York; Ceylon, Colburn, Piymouth, Lubec. Janeiro; EA sea. Bartimone, Aug Arr Roanoke, Snith, Rio Steuens, Baggs, NYork.. Cld Edwiba, West. Mi Lauderman, Montevideo and + mk Ja. Fome. [Br] Webb, Barbadoe: ier, ‘ ape Hivaen; Carlew, Crow: Gardner, Hill, James River. . Axexinpata,Aug2—Sid Helen & Elizabeth, Smith, De- merara. ‘Rickoxp, Aug 9—S!d Richmond, NYork. Cyanuesron, Aug I—Arr Cordelia, Camden, Me. Emily, Perkins, Boston; Atalanta, Whithev, W Indies. cM og. THIS AFTERNOON, AT FOUR O’CLOCK, eighteen talented performers give a most splendid enter: tainment at the American Museum, and repeat the samo intheevening. That establishment always flourishes— it is always producing something new and good. At pre. sent, the Museum is thronged night and day with visitors. That new saloon will ae. asa Perpetual Fair, on Mon- day next. Many beautiful specimens and inventions ato already there, among which .is one most curieus from Boston. It is called the ‘ Seamless Knitting Loom,” and is propelled by adog. It will attract great attention. 0G- MORE NEW BOOKS.—This day published, and for sale wholesale and retail, by BURGESS & STRING- ER, 222 Broadway, corner of Ann street— Change for the American Notes, in Letters from Lon- don to New York, by an American Lady. Published in Harper's very best style. Price only one shilling. Drop in early this morning and buy acopy. Also, published this day, The Battle of Lake Erie, or Answers to Messrs. Burges, Duer and Mackenzie, by James Fennimore Cooper. Book form neat edition. Price 25 cents. Agents and Dealers supplied at a liberal discount. Both the above are for sale wholesate and retail, by BURGESS & STRINGER, 222 Broadway, American Museum Buildis; OG@- SANDS’S SARSAPARILLA-—This medicine stands unriv) lied, based as it is on its own intrinsie me- int cure of those disea- entirely ve- of ingre. t govern eon aheulthy action, and the powers of na- ture their natural functions. Thousands can and have testified to its efficacy in removing varieus constitu- tional disorders,origmating in an unheal‘hy and depraved state of the blood and other fluids. For chronic constitu: tional diseases, such as rheumatism, king’s evil, scroffula, affecting the glands, ulcers, white swellings,enlargement nd pains of the bones, salt’ rheum, ringworm, barbers’ itch, and other cutaneous diseases, Sands’s Sarsaparilla hos been fonnd in numerous instances to be an efficient remedy, operating mildly and pleasant'y on the gene yetem, purifying and clean Mg the bivod, giving tone and energy to the nervous m, and imparting stamina to thedebilitated frame For conclusive evidence of its su) cacy, see certificates published papers. Pespered and sold, wholesale and retail, and for expor- tation, by A. B. Sands & Co., Druggiat Granite Bui ings,)’ 973 Broadway, coraer of Chambers street, York. Sold also by A. B. & D. Sands, 79 Fulton and 77 East Broad: corner of Market street. Price $1 per bottle—six bottles for $5. Original documents may be seen at our store. rior value and effi- this and other city fg- PROFESSOR VELPEAU’S CELEBRATED ay for the radical eure of gonorrhe and gleet,can only e had genuine at the office of the New York College of Medicine and Phamacy,97 Nassau strest $1 per box. Ww. RICHARDSON, Agent. SUMMER RESORTS.—J. G. Bennett, Esq.— Sir:—Among the numerous and ep places of Sui mer resort, which I have occasionally seen or heard tolled, there is one quiet, delightful and healthy which I have never yet seen publicly noticed, either in “ prose or rhyme.” { allude to “ Highland House,” k by Mr. Schenck, situated about a quarter of « the Telegraph Station, on the hills of Neversi: you will find a good, comfortable, clean house, cCommodious accommodations for families or sons, kept by a plain, respectable family, wh sure in making their gue: ly and respectable comps st, a bis good ti Therefore, to all who desi , a althy and Bacige | retreat—to ramble through fields and woods—climb hills, or explore the crater of a voloa- no,and return laden with lava, &c.—to inhale the bracin, breezes of the broad Atlantic—or to enjoy frem the cupola ever Mr. Schenck’s house, one of the most extensive and beautiful prospects that can well be imagined—I say, go to the « High land House”—all these pleasures can be en- joyed there. The steambeat Orus loaves Fulton Market art every morning, and the Shrewsbury, from the foot of Robinson street, daily. Yours respectfully. Baooxtyy, August 4th. THE GENUINE EXTRACT OF SARSAPA- RILLA, Gentian and Sasafras, as prepared by the New York College of Medicine and Pharmacy, is a sovereign remedy for scrofula, ring worm, blotches, moles, ulcers, pimples on the face or body, rheum affections, diseases of the bones, wasti all complaints arising from an injudicious use of mercury. Sold in single bottles 75 cents each; in cases containing balf a dozen $3.50; in ae a pi $6; care. tully packed and sent to all parts of the Union. is w.'s. RICHARDSON, Office and Consulting Rooms of the College, street. Qg- LOVE RESTORED— Ah! what shall I do, cried the agonized wife, For my home is one scene of vexation and strife; Tam losing my husband’s affection. No pledge of my love for him blesses our bed, Oh! I wish from my heart I had never been wed, Since no babe will e’er bless the connection. Thus mourned a young wife o'er her hopes’ desdly blight, While Lad husband reproached her from merning nil] night, That “sl child gave a zest to their union; A hundred specifics—so callei+-she bad tried, But still adverse fate her fond wishes denied, And blasted love’s gentle communion. At length, when despairing and wishing to die, ome words, giving hope, by a chance met her eye, 1 ne _ hehe srry separ, will try it, , as the lines 5 To 'Nascan ‘arent ah nt, bought, and hopefully used, Lucina, thy glorious Cordial. Se ahaa Now rosy cheeked urchins are ran, round her » Her husband's sffection—long Ly is restored, Gonna ; Lee tonor dinresved, then to Nassau street so, Whether woman or man, soon relief they shall know— Don’t forget, ninety-two is the number. Tt oan be obtained in Philadelphia at 90 North street. Qg- THE CELEBRATED TONIC MIXTURE FOR the cure of all the forms of dyspepsia, Tons of appetite, lassitude, debility produced by indiscretion or protract sickness, a Hf nervous complaints. Sold in Jorge comfortable an —and though | ent. jasnaut Sixt! hotties $2 euch, emall do $1; in cases contalaing halt a searefully packed and sent to all parts of the Nain i RICHARDSON, Agent Officeand Consulting Rooms of the College of Medicine ind Pharmaey, 97 Nassau street. MANY BELIEVEIT IMPOSMBLE THAT ANY abe n be made that will remove hair from any part of he human body. Yet itean bedone, and the most dele cate will not receive the least injury, but actually be left smoother than befere, and the only thing that can do it is ne Chinese Mair Eradicator, from 21 Courtland street. It ie warranted positively to do this, or it can be seen ced hefore parchnsing. Already sre imitations abroad only ardele you want is the “Chinese,” ndst.iathe oaly place to.get itjgenuine,and of Mrs Haye 19 Fulton street,{Brooklyn.