The New York Herald Newspaper, January 5, 1844, Page 2

NEW YORK HERALD. New York, Friday, January 5, 1844. _ confirmation by the Senate of the nomination of Mr. Upshur, as Secretary of State, and of Mr. Nel- von, as Attorney General, leavingall the other nom- inations before that body open and undetermined, has created a good deal of remark and discussion in certain political circleshere and elsewhere. The | tioned: singular selection which the Senate have made of | former these two gentlemen, and the mode which they have adopted, it would really appear, and such is the general impression, that there will be a great | McVean stands “letter A, No. 1,” with the Gov- deal of difficulty in the way of confirming the other | ernor; but there are other than personal matters to nominations, embracing Mr. Henshaw as Secretary of the Navy, Mr. Porter as Secretary of War, sev- eral diplomatic nominations, and also nominations to office in the Custom Houses of Boston and New York. Ever since the commencement of the pre- sent session of Congress. there has been a great deal of private operation going on in relation to these nominations, by the friends and enemies of | profess “to know all about it.” Hon. John R. Liy- the various parties ; and a great variety of effort is still going on in order to defeat or confirm these nominations. One of the most remarkable of these efforts, ot which we have heard, is that attributed to Mr. Webster, who is represented as decidedly in favor of*Mr. Henshaw’s nomination, and also in favor those in the Boston Custom House and Post This has created a great deal prise. It is well known that for many years Henshaw, Rantoul, and others associated with the Boston democratic party, have been the greatest opponents which Mr. Webster ever had in the State of Massachusetts. They furnished the ma- terials for all the attacks made on that distinguish- ed statesman which have been circulating for years through the democratic papers of the coun- uy. The recollection of this sufficiently notorious state of things occasions peculiar surprise in the minds of those who now find that Mr. Webster is absolutely in favor of that section of the democra- cy in Boston who have succeasfully persuaded the President that their influence would give him the vote of New England in the next Presidential elec- on. Another teature in these movements is the singu- Jar position and efforts which distinguish the vari- ons cligues in this city by whom, during the last year, the President has been so egregiously duped and deceived as tq their influeuce and importance aimongst the democratic party here. We have heard circumstances related in connection with the causes which preduced these appointments, which would make a horse laugh like a hu- of Vilice. man being. Now in relation to all these nomi- nations, although there may be a great deal of interest felt by the parties interested and by their friends, yet we do fully believe that President John Tyler feels the most perfect indif- ference wkether they are rejected or confirmed.— He is qui unconcerned whether they hang by the ey s during the whole of the session, or are Kicked out at once. And we believe also that he has very good and sufficent reason to regard the Whole matter with this perfect indiflerence—for no man has been so deceived by individuals pretend- ing to have influence amongst the dmocracy, as he has been during the last eighteeen months.— Amongst those guilty of this now perfectly exposed deception, we include the democracy of Pennsyl- vania, New York and New England—at least those individuals who claimed to have the influence amongst these classes, but all of whom were the most miserable, broken down set of politicians that ever scrambled for a living in this country. What may be the effect of a series of promises now making, by all those persons nominated to of- fice, to various partiesin the Senate for the pur- pose of getting their names through it, is impossible to predict. But thi- they may rest assured of, that the country will insist ona rigid examination into their claims and character—that there are names there that ought undoubtedly to be rejected—and that the President himself is quite indifferent about the matter. That’s all ‘Tue Granp Jury, anp Post Orrice Rerorm.— We perceive that the Grand Jury of the United States Circuit Court have made a presentment against the post office system and the Post Office Department, as now managed, stating explicitly and broadly that, under its present organization, and its present managers, all confidence in the in- tegrity and usefulness of the Department has been lost, and that the svoner Congress goes to work for the purpose of reorganising it, the better it will be for the Department itself and the community at large. Indeed, there can be no question that the Grand Jury in this presentment, have expressed the strong- est convictions ever felt by any community. Du- ring the last thirty years, no department of the go- yvernment has so rapidly and so much degenerated —#o utterly lost its efficiency—become so entirely divested of character and dignity—as the Post Of- fice Department has during the short administration of Mr. Wickliffe and those associated with him.— Yet Mr. Wickliffe is aman of talent, he is. We admit this. He sa man of remarkable, peculiar, extraordinary talent. But his talent consists in his thick-headedness, which outstrips every thing of the kind we ever recollect to have met with in pub- lic men. We really hope that Congress will do something at once in reference to this all-important subject. We see that Mr. Merrick is on his legs again in the Senate in reference to this matter. But, as we said some time ago, we have very little confidence indeed in the capacity of that individual to give us a post office reform. ~ Reportina in Wasuineton.—A terrible fuss was made the other day by a Mr. Bidlack—a green- horn from Pennsylvania—because, forsooth, the reporter of the New York Herald had mistaken a communication, which the honorable gentleman presented, for a petition! This very important mistake was trumpeted abroad by all the Wash- ington papers, who make tremendous pretensions to accuracy and enterprise in reporting the Con- gressional proceedings. But the fact is, that these very papers commit more egregious errors, more silly blunders, and more strange mistakes in re- porting, than any other papers in the country. Why, it was only the other day that a speech ap- peared inthe Intelligencer attributed to Mr. Steen- rod, but which Mr. Steenrod altogether disowns and denies! In the Globe too, the Congressions reports are very often exceedingly slovenly, meu- gre, and unsatistactory. The Mr Herald in « manner immeasurably superior to that of the Globe in the Globe ‘Tue Lrsrexarp Witt Case.—The Surrogate de- cideu yesterday: will of the late Robert Stewart wart. This decision cuts off Webb from getting a shil- ling of the Lispenard property, so that our old friend will have to do as we do, go to work for an honest living, and trust to no legacies. Is not this gallant soldier now ashamed of his conduct to his amiable relatives, whom he dragged so vulgarly into the newspapers? Say so, and be forgiven. Conoresstonar Exection tx Massacuuserts. - Three Massachusetts last Tuesday there were elections in the sixth and seventh both whigs. No choice in the third River Nav vaTION.-The North River is open to Poughkeepsie. There ia a good deal of ier, ho vever, as West Point | of sur- recent speech of Adams, which excited sach interest in and out of the House, was reported in the New York proceeting, erroneous views of the case in hand are ine- We particularly refer to the first | to r half of the speech, which was very miserably given 4 morning in favor of the validityof the | morial before you. Notthe semblance of evidence was given to sustain the charge of fraud made by Mr. Webb against his brother-in-law, Lis- penard Stewart, and his sister-in-law, Mrs. Ste- attempts were made in three districts in Tt is supposed that Heyxers.—Something of an excitement has been for some time in existence in our democratic ranks, concerning the judgeships, &c., to be filled up in a short time by the “powers that be” in Al- bany. First in importance and emoluments comes the office of Surrogate. This will soon be vacant, by the expiration of David B. Ogden’s term. For this place, valued atsome $8000 ver annum, we have heard the following names prominently mem- Hon. Charles McVean, counsell sr at law, member of Congress from Montgomery county, and the counsel of Edwin Croswell in | several of the libel suits brought against him. Mr. be taken into consideration in the settlement of this question, Hon. John W. Edmonds, counsellor at law, formerly Senator from Columbia county, | and now first Inspector of the Sing Sing Prison. Mr. ; Edmonds is a man of much weight and influence | with the democracy of the State, and he is put ' down as certain of the place by many persons who ingston, counsellor at law, -and formerly Navy | Agent of this port, under the administration of Mr. | Van Buren. Of him perhaps it may be said “last | and least.” These three gentlemen are the promi- nent candidates. In the second place comes the judgeship of the | Common Pleas, worth about $3000 to $5000 per anoum. Alderman Waterman, of the Ninth Ward, goes in for this place ; so does Thos. J. Smith, for- merly of Florida, and James M. Smith, Jr, once a resident of Lockport, in this State. It may so | happen that neither of these applicants will receive | the appointment. Very uncertain men are politi- | cians, and the getting of office is not by any means | 4 surety. Wecome then to the vacancy soon to happen in the Marine Court, by the expiration of Judge Ham- mond’s term. This seat is worth perhaps some $5,000—depending in a great measure on the capa- city of the holder to use his ‘ten commandments” judiciously. The name of the squabblers for this office is legion: Hon. ©. P. Daly, Daniel Stone, Esq., William Shaler, Esq., Thomas W. Clerke, Esq., Allan M. Sniffen, Esq., and John Smith, Esq.. and,unless we are misinformed, James Green, Esq., is also on hand for the place. An Examiner in Chancery is also to be appoint ed—and.for this situation, worth perhaps from $600 to $1000 dollars, there are so many young shoots, that we have not space or time to mention them. We can only say— Oh, how wretched Is that poor man that hangs on prince's favour ! ‘There is, betwixt that smile we would aspire to, More pangs and fears than man or woman have, Tue Hory War.—Can THEE be Cuvren wirn- our a Bisnor.—The third or fourth gun in the Ho- ly War, was fired last evening by the Rev’d Dr. Potts, and it may, therefore, be called the evening gun of the Church Militant in New York, It is as follows: Rev. Dr, Ports ro Rev. Da. Warnwricnt.—Rev. and Dear Sir—I had prepared an answer to some of the points in your last communication, and I was about to send it to this day’s paper, when it struck me that there should be a previous settlement of the question as to the form which this discussion should take, or rather the channel through which it should be made known to the public. 1 will, therefore, withhold my communication until this question be arranged. I believe each ofthe plans you notice has its peculiar claims. I should prefer the oral form, because of the grea- ter freedom it affords ; and besides [ have no objection that this or ay other subject shall be brought before a public tribunal. 1 consider this to be a subject vitally af- fecting the public interest, nor can it be, as some among you seem to hold, a degradation of theclaims of the Church to defend ‘them before a popular assembly. If, therefore, your mind be not entirely made up, I beg you to consider this point. Ihave, however, precluded myself from any right to insist upon this, and indeed any other form—but e ob- ject of this note is to request you to meet me half way, and to agree at least in the selection of one of the daily journals. I have this objection, and it is a serious one, to the employment of the columns of the religious journals, viz: that, as they appear only once a week, the discussion would be proteasten interminably. Besides, these jour- nals are not circulated among that class of readers who are likely to be influenced by the discussion ; for proba- bly their minds are made up upon the point at issue, { therefore beg, should you utterly decline an oral dis- cussion, that you will at least assent to the very courte- ous offer of the “respectable journal” in which our com: munications have already ‘eppowed, and which has 9 claim upon us for the courtesy ithas already extended to us ‘As soon as these points are settled, 1 will he happy to give a respectful notice to your last communications. With much regard, Rev. and dear sir, 1 am yours, & GEORGE POTTS. Tuunspay Mornina, Jan. 4, 1844. Weare decidedly in favor of the ‘ oral plan” se- lected by Dr. Potts. Do, Dr. Wainwright, agree to that mode of discussion—and give the whole world a chance to hear you. If it be confined to a newspaper discussion, only a small portion of the community will ever see it—and should it be pub- lished only in the ‘highly respectable” old wo- man, called the “* Commercial Advertiser,” very few will ever see it at all. Get the Tabernacle at once and have an oral discussion ‘Then all the newspaper press will spread it by reporters each morning ontheir one hundred thousand wings to the farthest parts of the earth. We will promise to surpass all the other*papers in our reports, and give it at least to fifty thousand readers at once each morning. Tue Sraren Istanp Murver.—-Tue Cor OPENED TO THE Pusric.—Our reporter arrived last night at twenty minutes to ten, from Port Rich- mond, having chartered the good sloop ‘‘Hunte ’,” Captain Richard Taylor. The trip was made in forty-five minutes—a run unprecedented in the history ot sloop sailing on the bay. The good qualjties of the little craft, and the skill of her cap- tain were well tried, as it blew a gale, the sea Tug Orvices to ue Given away ny THE OL? U. S. Cireuit Court. Lady.—Cutler vs. Oatman.—Th mort is case Was resumes Jury to ive the plaintiff verdict. Upon ¢ de! jendant’s case he wi had seen the ‘plaintiff and the widow together, except those who had been placed by him in the Witness box.— A female, who lived in the same house, actually swore that she had never seen them together in any | or way; yet this was at the very time when Canniff nd his wife swore the plaintiff was spending his nights there till two o'clock in the morning. Was it possible, for the widow to receive the plaintiff every second, third or filth night without all the inmates being aware of it! The mother too, of Mr. Cutler’s to be wife never iaid her eyes upon Mrs, Cole; and that she had heard him talk of her as he did of every other Woman—but us to his marry- ing her such an event never entered into her mind. Yet this was during the time that according to Mr. and Mrs Canniff's evidence they were spending their evenings together. fe (Mr. Girard) would not go over the other evidence of this description, but merely observe that of all the numerous witnesses none but two, Mr. and Mrs, Can- niff, had ever seen the parties together at uny time or place, But he would go further. ‘The widow was remo- ving in the fall of 1841 to her father’s house; she was at a certain house about to enter into a etege to convey her; the defendant was in the bar at the same time, yet he ne- ver went out to assist her into the conveyence. Was it ssible if she had been his betrothed wife, he would ave so behaved? Was it possible he could have been en- gisel to her i he thus behaved towards he je permitted her, in fact, to help herself into the stage, and why ? Because jhe did not dare to face her, because he had publicly bragged that he was to have her with a knowledge that it was untrue. He could not bear to look upon the face of an insulted woman. He was with her every night, was “he? | Why | where did he put himself “as soon ov hin day-trade |. was over, of violating the laws of the United States by speculating in casks, which the jury understood hy at the gamblis table, for twenty witnesses had traced him there during the montha of May and June, when it was sworn he was visiting the widow till two. o'clock in the morning. Under these circumstances it was with difficulty he, (Mr.Girard,)could refrain from ind’ gna- tion in considering the conduct of the plaintitf. Let him get the money of the defendant if he could, but let him not steal hercharacter. Let him take her $50,000, if he could, but not her honor. ‘This wretch, however, would take her money and at the same time trample down her character ; and he contended that this action was the off: spring of a conspiracy, because here he was seeking to defame her character, whilst it had been proved e publicly declared “le knew her as well as he did his former wife. He culled upon the jury to put down such vile slanders, by giving a verdict against the plaintiff, ‘To return to the evidence— where had the plaintiff bern traced ? | Why. he har been traced skulking and hiding his face in a stable, not da to meet the indignant frown of a virtuous woman—flyii from her presence to the brute beast, Was that cons with their billing and cooing, and hugging and ki To look upon the frown of an indignant woman wi rific. God defend the man who had to encounter a virtu- ous indignant woman, when he met the flashing light- ning of her eye! Virtuous indignation would strike the mont daring man to the ground quicker than anger, or the exercise of the violent passions ; and the plaintiff’ would sooner have faced the devil upon earth than the virtuous indignation of Mrs, Oatman. He could well imagine what Mr. Cutler must have felt, and therefore he dared not venture to meet her. ‘The learned counsel then pointed out the witnesses whose testimony went to prove that the plaintif’ had denied, in their presence, being engaged to the widow, But if that were not go, it had been proved that at the very time he said he was engaged to the wi- dow, he boasted he was courting a number of other wo- men. He, (Mr. Girard,) hada list of thein, and he found they amounted to the exact number of Blue Beard’s wives. First, there was Miss Russell, who he thought bad $500, but as this expectation turned out to be false he would not marry her. Miss Russell stood in his afections aa high o¢ $200, but the money gone,the love dirappeared—-jumpel cut of the window ‘The next was Ellen Hoffman, since mar- ried—whom he familiarly addressed by the name of his “lovely woman”—and her brother, by the cognomen of “brother-in-law.” She was a very good-looking wo- man. ‘The third was Mrs. Tasek, but who she was, he (Mr. Girard) did not know. Then there was Miss Holmes; the names of the fifth and sixth he could not re- member; and the seventh was Miss Curtis, who had now the happiness of sharing his bed and board; and he (Mr. Girard,) hoped he had got his match ! Could any thing hetter show the real character of the man than this wholesale courtship? All this was at the time he was court- ing Mrs. Cole, and he was only waiting for her till after Old Pye’s death. Why, this man ought never to be allowed to enter any house wherein there was a woman. Here- after let no Woman, married or single, young or old, dare speak with him, or go to church with him, for they would find him the most dangerous man they had ever seen; they would be liable to an action for breach of promise of marriage. His character, however, was now exposed & Jax. 4—Alleged Breach of Promise of Marriage by is byMr, J.W.Ginanp addressing the Court andJury upon the part of the defendant. He commenced by con- teuding that the evidence was insufficient to induce the the first branch assure the Jury that he had ransacked his notes with the greatest possible care and vigilance, and he could not find thut any other people ‘ourt of Oyer and Terminer. Before Judge Kent, and Ald, Emmans and Woodhull. being the day fixed for the trial of Peter Williams for the mu ance of spectators in the Court. The down fiomthe Tombs guarded. by two officers, placed at the bar, His Honor Judge Kent was delayed for some time in consequence of the absence of oue of the Aldermen. The Bench having been organized, Peter Williams wes put to the bar and the panel ofjurors called by the Clerk, when 23 answered to their names. Judge Kent asked the prisoner’s counsel, James M. ;| Smith, Jun., if he had any objection to the Court directin, the Sheriff atthis time to have fifty talesmen in attend: ance at 2o’clock, by which hour he hoped to be able to proceed with the trial. and received the directions of the Court, and the prisoner was remanded untul Tue Evening Session About 2 o'clock, the ritoner, was ‘ain placed at the bar, and the jury called, James M. Smith, Jun., ap- petted as his counsel, and, selected the following jurors to try the John Kean, Jas. S. Greig, *Israel Minor, Abm Peitch, Auron C. Burr, an Griffiths, Roe Lockwood, Jas. L. Mather, Israel’ Post, James Myers, George Phillips, and Nathan Brown. One juror was excused for conscientious scruples, and ten challenged peremptorily. Bexsamin Byea was the first witness called by the Dis- trict Attorney—I live at No. 133 Elizabeth street; | am 21 in August next; I know the prisoner, but did not belong toany engine company with him; I wasin West Broad- way at the time of the occurrence; I went about 7 o'clock; it was a Sunday night, but I do not know the date; we went to the houise of one Laund, at 179 West Broadway, the right hand side going towards Canal st; he has a bar- room there; several persons were there; whenwe got there Lounds was there, but not Williams or Stanley; the pri- soner and three others came in some minutes after; prisoner called for something to drink ; all the party drank; while Williams was drinking one of the party made a distur- bance, by laying down on the floor and kicking the chairs about; Peter Williams and a man named Camp had a muss, when Camp got up and went out; in a little while he came back and told Williams to come out; as he did not go they pulled him out; after they had gone afew minutes I heard there was a fight in the street, and went out, and saw Camp and John Lynch squaring at each other. Several persons were standing round; 1 did not see Williams at first but he came up and threw stones at them. He had one stone in each hand when he came up ; the next thing I saw was Peter Williams run- ning towards East Broadway, and xeveral people chasing him, and I then went and stood on the oppositefside of the street and saw Peter Williams come back with a knifetin his hand, which,he was wiping on his shirt sleeve ; he said “gee there”; it appeared like blood that was on the knife ; it was a knife with a long blade jjI said “hallo, Peter”; he made no reply. When he first came into Lound’s he had his coat and hat on, and I believe he had his coaton when he threw the stone; Ido not know when he got rid of them ; after this | went down toward Lispenard street and met Camp ; then | went further down and returned ; heard there was aman stabbed and went to the doctor’s shop where | saw the body brought out ; I then went to the watch house and saw Williams. While we were at Lounds’, Peter Williams was told to keep quiet ; the two Camps were making a noise; Williams said, as he was coming along with the stone, “Iam oxe of Eleven’s fel- lows—who wants to fight.” His Honor directed tht a recess of one hour should be taken to permit the jurors having some refreshment. ‘The court and jury reassembled at 6 o’clock, when the District Attorney opened the case in a very brief state- ment of the facts as he expected they would appear in ev- idence, Cross-examined.—That was the first time I had been at Lounds’ house for ten weeks; since the occurrence, I have been there twice; it was a dark night; I saw no one following the prisoner when he came up with the stone ; he said “I am one of Eleven’s fellows! who wants to fight ™ I did not hear him say “why are you following me ;” Ilsaw some man following him with his coat off; did not see if the man overtook Peter ; at the time I went out and saw Camp, there was a large concourse of people, and Camp had his coat offbut Lynch had his coat button- ed up. By the Court.—I saw unumber of persons run down West Broadway, and afterwards I saw him come up; | supposed he must have been one of those who run,because he came up. Danie Ennerrs, acamined.—l live at 151 Elm street; 1 was present on the Sunday night spoken of ; I saw Wil- liams come up the corner of Canal street with a couple of stones in his hand ; He came across from Laurens street ; I saw him throw one of the stones and say, ‘I’m one of Eleven’s fellows,who is the man that wants to fight me?” ; he did not address any one in partiqular 5 jere were twenty or thirty persons standing about and look- ing on at the fight between Lynch and Camp; I heard no one answer Peter, and he throw one stone in among the crowd; I do not know what he did with the other, but Stanley came up, and Peter ran off; [do not know what he did with the other stone; Stanley did not speak to Williams at the time; when Wil- liams turned and run towards West Broadway, Stanley most completely. ‘There was no better test in cases of this descmption, for the discovery of the truth than a view of proba! a. Was it probable, then, that this lady ever could have taken this man for her husband, ‘for better for worse” He was a man in middle life, forty- five years old; he had five children, and was laboring un- der probable consumption. Was it likely she would marry aman thus situated? Engaged as he was, in a business by day of violating the laws of the United States, and by night in violating those of morality at the gambling table, was it probable she conld have ev Could er consented to have him? ny woman of refinement and delicacy ? She was then addressed by the gentleman who afterwards narried her, He had been an ancient beau; and when e Was cought bye gentlowau Uke TM, War i het Would have selected a fellow like the plainti@’? He Girard) would not pursue the simile of Hamlet, ind ask the jury to look upon that picture and upon this, He would only say that if the jury took the probability of facts into consideration, they would say it was impossible for the widow to have taken up with the plaintiff. The ivarned counsel then adverted to the law in cases of this lescription,contending that,under all the circumstances.if the lady had made the promise which was alleged,she was absolved from it. The ground of absolution he stated to the gambling propensities of the plaintiff, and his ill e of his former wife, facts which would prevent any ‘oan of refinement from’marrying him. Another point of the cage was tl in 1843, just eight days after Mra. Cole was married to Dr. Oatman, this plaintiff of wound ions, whose tender sympathies and delicate sensibil ties had been so grossly outraged—what did he do? Did he rash to the edge of the water, there to drown his cares ? No, he rus! into the arms of Miss Curtis. On the lth of February, 1843, Mr. and Mrs. Oatman were married. On he 27th of the same month, Mr. Cutler took to his bosom curtis ; and two days afterwards he commenced th to heal his injured sympathy. Under all the circum- inces, he contended that the jury couldjnot have even a lingering doubt that Mrs. Oatman never did promise to marry the plaintiff. Mr. Juan followed upon the part of the plaintiff, strong- ly urging that the learned counsel for the defence had dis- torted the whole facts of the case; had placed circum- stances, in themselves insignificant, prominent, and given the whole an aspect anda character which it could not properly bear. There was no reason whatever for the im- phtation that this was a conspiracy upon the part of the plaintiff to deprive Mrs. Oatman of her character and to pocket her money. ‘The plaintiff merely sought compen- sation for agrievous injury which had been done to his feelings, which the law said he should have. 1t had been said that sufficient evidence had not been produced to provethe promise ; he (Mr. Judah) admitted that more might have been given, but the poverty of the plaintift™ could not contend against the wealth which now belonged to the defendant in bringing testimony forward. Witness- ex were expected by him, but they had gone away, he be- ing unable to maintain them here. Under all his difficul. ties however, he contended that the plaintiff had made out a'case very different from that — which {fe running very high, and the wind being nearly northwest. We have merely time to state that the report in the Sun of yesterday, of the murder of the infant by Polly Bodine, was a most base fabri- cation; the verdict of the jury was that the child was still-born. The following memorial was pre- sented by the several reporters, and the result was, that the doors of the Court were threwn open at half past two: Lo B. B. Phelps, Esq. the Commissioner of the Supreme ‘Court, and Lot C. Clark, Esq. District Attorney for the County of Richmond:— Sins— We, the undersigned, representatives of the New York Daily Herald, the Daily Express, True Sun, Tribune, and Plebeian, newspapers, of the city of New York, respect- fully represent that the subject of the examinations now niing before the honorable Court of which you are of. cers excites the greatest interest and anxious expecta- tions of the community —That the conductors of the press are called upon every hour in the day to convey informa- tion through their columns of what is developing with regard to a matter of so deep an interest as that now un- | der consideration—That in their opinion, and in that of | the public generally, the ends of justice cannot be snb- | seeved hy any further proceedings in private, the parti to whom the finger of suspicion has been pointed being sready under arrest—and that no harm can result to any | partyconcerned by the public being no longer kept in sus- | Moreover, your memorialists respectfully repre- | pense, | Sent, that by a longer pursuance of the present course of | vitably promulgated through the community—views | much more likely, in their tendency, to prove injurious rties interested than could ‘possibly result from | the publication of true and accurate information. We | therefore take the liberty to humbly request of the honor- able the Commissioner and the District Attorney sach ac- | cess to the Court of Enquiry as shall result in’ enabling | us to discharge our duty to the press and to the communi- | ty. And, as in duty bound, we respectfully lay this me J St JAME, ERWOOD DOYLE, \N. Y. Herald,” F. OTS, Express.” JOSEPH BARBER, “ True Sun.” B. B. PHILLIPS, “Tribune,” &e. Port Ricemonp, Jan. 4, 1844. Josern Gutick.—This celebrated militia fine collector has commenced an action in the Superior Court against William Brown and John McKibbon, City Marshals, for damages in the sum of $400, for arresting him at the house of Ebenezer Peck, Esq., while in the act of removing property in pay- the learned counsel on the other side had de- scribed. Mr. Judah then proceeded to comment upon the evidence, iat | that the doctor would never have thought of marrying the widow if he had not known she possessed 50,000 charms in the shape of that number of dol And the widow herself would have married the plaintiff before her father’s death, when she was ignorant of her fortune, because she wanted a husband to keep her; but when she became worth 60,000 dollars her affections changed, She then preferred the gallant physician to the hard-fisted carm: His learned friend, alluding to the personal attractions of ht two beaux, , with asort of triumph, asked the jury_to look, in the words of Hamlet, “upon this picture and upon thi He (Mr. Jus Jah) would also ask the jury to look “upon this picture n that,” and having done so he thought they would tind that if the unhappy carman was ‘a satyr,” they would not in the same breath prononnce the learned phy- sician to be exactly an “Hyperion.” Before the death of old Pye the widow was content to accept the plaintiff for her husband, but after his death she jumped all at once from the hogshead into the gallipot,and enabled the doctor himself to set up in the gay style in which he now appear ed. The doctor, however, would as soon have thought of swallowing hisown physic as marrying the widow, had not been for her 50,000 dollars ; but when the was so richly gilt, he found himself enabled to gulp it down, Astothe allegation of the plaintiff bei blor, he (Mr. Judah) denied it; and if he wa to Mrs. Cole at the time she made the promise. The learned counsel concluded an energetic speech by callin upon the jury to give the plaintiff such damages as woul¢ repair, in xome degree, the injury he had sustained. Mr. Justice Kew then charged the jury. The action, he said, was brought to recover compensation in damages for the breach of an alleged engagement to marry. he learned counsel for the defence had mentioned that this was the first case of the kind brought before a jury of this State; it was only the second instance which he (the Judge) recollected, of a man suing a woman for the breach of a promise of marriage. It was therefore of rare occur- rence; hut it nevertheless was a good ground of action, if made out. Now, to make it out, the jury_must be satis fied that there had been a bona fide and effective engage- ment or promise of marriage; and the promise must be re- ciprocal, otherwise the engagement was not binding in law. If'this—the first point—was proved to the satisfac- tion of the jury, the next question was, had there been any good cause shownfor the breach of the engagement; and, lastly, if the jury believed that no such cause of breach had been shown, the next inquiry was, what amount of damages they would give—-a question entirely for their consideration. The evidence with regard to the alleged promise Iny in a narrow compass, as he would point out. ‘The learned judge then want over the whole testimony on this branch of the case, with some degree of minuteness, adding some comments upon the chief fea- tures in it, Promises of this sort, he remarked, were treat- ed by our Iaw as contracts; but, at the same time, they ment of a militia fine. The Legislature should, at \ts present session, so modify this odious and ri- diculous law as to allow an enrolment of citizens to answer all the purposes required, instead of com- pelling them either to turn out in parade asa laugh- ing stock tothe community or be subjected to an onerous fine, to be collected in an onerous manner Pennsyivania Leaistature.—It met in Harris- burg cn Tuesday. Mr. Snowden was chosen speaker of the House, and Mr, Bigler speaker of the Senate, were contracts which differed a little from those in mer- Here the gore gd pall) ig i mony, in which each party engaged to spend their lives together, and therefore the courts ha@ said, that if there | was a suppression of fucts upon either side, of a nature to destroy the future happiness of one or the other, if the | contract were kept, the party 0 deceived had a right to | break off the engagement. Herein the con racts for mar. | Hn differed from those of an ordinary description it the jury believed there had heen in this case a suppres: sion of truth upon the part of the plaintiff, they would say so. The evidence, as it bore upon this point, was then | read by the Judge, who concluded his charge by again | stating to the jury the points to which their duty was d’- | cantile pursuits. followed him; I ran after them, keeping Stanley in sight until he got to the corner of Beach strect and West Broad- way; we “stoped at the confectionary at the corner of Beach; I thought Stanley overtook Peter Williams before he got there; but I can’t say positively; Williams ran in the confectionary, but I thought that Peter stopped, turn- ed round, and ran again before he got to the confec- tionary; 'I did not hear him say anything, nor see an blow ‘struck, but he turned and faced Stanley; bot! ran tothe corner of Beach street; Williams appeared to be ahead; Stanley tried to get in but could not, and he went down the steps; Stanley told the man to put him out; the man would not, and then Stanley came up on the side- walk and said he was stabbed; [ went with him upto the Nactacls hep, in Canal atice i aide the door of the conlectionary ; held the door to keep Stanley out; when I saw Stanley he was trying to getin; | do not know that Williams was holding the door, but I thought he was; I saw a boy’s hat laying in the door-way with some blood onit; I saw that before Stanley told me he was stabbed; when we got to the drug store, I saw the wound in the neck of Stanley; I id not see Williams again until I saw him at the watch house; he gave me hia knife, and told me to give it to one of Eleven’s fellows,and they weuld take care of it for him; {saw no blood on it; Itold him to take his knife, and af- terwards gave it toAldermanTilloujhe said he hoped*he’d die to-morrow, and some more of them before to-morrow’s stin;"I do not knowwho brought Peter to the watch house; { wasthere when Peter’s coat was brought in, it had a leaden weight of about two Ibs. in the pocket. Cross-examined—t think Stanley had his coat off when I saw him ichacing Williams; Ildid not see any blows pass between Camp and Lynch; [heard Lynch say something about fighting; Peter spoke before he threw the stone; | thought it was thrown towards the crowd, and not merely Iropped in the street; [have conversed about this since the occurrence: don’t think that Peter said,“what do you want to fight Eleven’s fellows for?” I did not hear him say any thing about having been knocked down; I was not ex- cited; I had not been drinking liquor; Peter ran directly he threw the stone; Stanley followed him, and I followed 1 do not think Peter was knocked ‘own twice,but that he was not; Ido not recollect of his calling out; he might have been down without my seeing it; [noticed about ten persons when I turned out of the confectioner’s to return; they jhad not taken their coats Stanley; I wont sw off. By the Jcny.—I saw spots of blood on the hat which ly in the front of the confectionery, but did not pick it up. id blood had been spilt, before’ I knew that Stanley had heen stabbed. By Distaict Arronsey.—I saw Peter Williams and Camp in Lounds’ bar room, before I saw him act with the stones. There was an interval of five minutes between faving the bar room and his coming with the stones; id not see Stanley in there. I did not know him be- fore. I knew Lynch by sight. I donot run with any engine. y a Junon.—Stanley was not taller than Williams, but he was stouter. I thought Stanley came out of the crowd as if he intended to accept the challenge to fight; he had his coat off. Saver T. Wensten examined—I reside at 190 West Broadway and am a painter by trade ; I was in the house of Mr. Lounds that night at 7 o’clock ; I went to get some- thing to eat ; while there, some young men came in and drank; afterwards they an be biter | and the bar- keeper requested them to keep quiet ; although one of the party, called Camp, went out and returned, requesting Williams ‘to come out; after that I heard there was a fight, and went up to the corner of Canal and West Broadway ; there was quite a crowd, all strangers to me ; w the crowd in the carriage way, between the sidewalks ; I saw no fighting, only much talking ; I saw one man stooping in the treet, as if looking for something,’ that appeared to be Williams ; | saw Lynch step out of the crowd, and next I saw Williams ranni n the street pursued by some one in his shirt slfevga ; I saw more running, but the man appeared to be the hursued who was in his shirt Sleeves ; | followed the party “with my eye, aud when near Lispenard street I saw\one falfand I think the other stumbled over him; in an ‘instant they appeared to be hoth on their feet again and run off as before ; I staid a short time near Launds’s, and the next I saw was three persons coming upon the west side, as if returning ; {followed them with my eye until I saw them go into a Irug store, and I thought I would go and see what it was. but before I got up I heard a man say somebody stabhed ; when I saw the two persons fall heard something like a shriek of pain ; I suppose I was two hundred and fifty yards off ; I thought it was the one who was pursued that made the cry. Wits Larancr examined—I keep an oyster No. 177 West Broadway, next door to Mr. Lounds’ ; liama ran into my place makinga noise, and | ordered Hien gut she said hewould go when he got ready ; I said he'd go before, and got up to go round the counter, when he went alone, hallooing at the top of his voice; in afew iminutes I heard acry of fight, fight,and went out; saw a crowd at the west corner of West Broadway, but did not go up tothe mob; they appeared to be coming down to- wards me, and some did come, but 1 would not let them in; finally, naw two men square off, and just as T got my ‘con them, aman with his coat off tried to get into my place; Ishoved him away and said he must keep out of there ; then the'mob seemed to Ret away, and Williams came up with the knife in his hand, without coat, hat, or vest; the knife he was wiping either on his shirt or his suspenders, and he had blood on his shirt ; he said nothing to menor I'to him ; he kept walking up and down by my door, saying that he had a good mind to give me the lengt of it I old him it he attempted. to cross my door with the knife in his hand his lite would not be worth much ; he then turned round, and left Pctlce. Cross-eramined.—There might have been some three or four of the men who came up without their coats ; the; his distinctly | all appeared as if they had been in a fight ; | know Lyne by fight and saw him that night ; when Williams firet came to my house he had his hat and coat on. Bexsamin Ri at 116 Division street, and am a printer; wat with Stanley and was with him on the night of this occurrences; Jahn Lynch and others were in company with us We started that Sunday night; some of the party said let go down town, and at the corner of Hudson and Canal streets, we heard that some one had been insulted, and come one anid Jot’s go and see, We started to go down ( nal street, and-before we got far we heard a row in Wes Rroalway; I went on down until we got to the corner and | saw neople running in every direction; I dont distinct! recollect where Stanley was; I moved over tothe 8. E. corner of Canal street and West Brondway and h or saw a blow struck; | rected, The jury, after consulting together for a quarter of an | hour, returned @ verdict for the defendant. | to Vork strect, and on returning I met Lynch on the west de of the street; I propos Jan. 4 —The Sunday Assassination in Canal street.—This ot Daniel Stanley, there was avery largeattend- prisoner was brought | ‘The learned Counsel making no objection, the Sheriff | saw a movement of the arms as if several were engaged—after that Theard John 1; nch’s voicein the crowd where the fight was; I then went over to him to godown Canal street, when he said “where's Stanley Pas he suid this | turned saw Stanley su) y two ry much said “there hie fe "and {followed across to the drug’store at the corner of Laurens street; | went into the store and | they had opened his shirt by this time, and he was covered vith blood; I put my hand down to see where the wound was, and he said “for God’s sake can’t you get me some ausistance?”—Iwent out for a Surgeon,and returning,heard ‘that he was dead. 5 ‘was an’ American, and @ machinist by trade. Ido not know what induced | Stanley to take of'hixcoat. He had drank something like | three glasses while we were travelling about. 1 did not | pe, particular attention to what he did with his coat when ¢ took it off. 1 did not see Lynch take his coat off: Cross examined.—At the time \Stanley was carried into | the drug store, he was without his hat or coat. I have | not seen his coat from that day to this. | By the Covrr—Stunley was a stouter man than the | prisoner. By the Disrnict Atronyey—I was through West Broadway in the early part of the afternoon, when some one said I had better go on, or I should be whipt, My par- ty had gone on ahead, and I had fallen bebind. [ then went to the cornerof Hudson and Canal streets, where | | met with my party, and some one said he had been insult- | ed. I cannot tell why Stanley took off his coat. |. By the Juny—Before Stanley took off his coat I spokefof | what had been said to me in West Broadway. It was then that some one said, “let us go into Canal street, and | along West Broadway.” Jon Lyxcn, examined.—I am a coppersmith by trade, | and was acquainted with Stanley, and with him the night of this affray ; we started out at the corner of Hudson and Canal street to go down town, and in Canal street we heard a noise; Stanley was ahead of me and the rest; 1 did not seeany one take off his coat; in West Broadway saw Camp, Without his coat, making anoise ; I returned to Stanley and some one came behind me and knocked me down, and cut me in two places with a knife ; 1 got up as quick’as ! could and heard some one call out that he was stabbed ; I followed him over to the drug store at the cor- ner of Laurens street, and saw Kelley undress him ; I ask- | ed if he was dead, he said he believed he was, but there | were no doctors there—they had better (a after two doc- | tors ; the two doctors came and they said they could do | nothing for him—better take him round to the hospital ; a | | cab was brought and the'weunded man taken to the hos- | pital, but we found bim dead ; I did not believe it at first, | but felt of him and he was cold; when I was struck | down I was standing by Stanley, and when I got up again | [did not see him at first, but in'a minute or two I saw him | supported between two men wounded ; 1 do not think there was time for him to have gone to Seach street and have come back in. Cross-Examined,—| had not drank more than three times that aftereoon; when we started off fora walk we went first to the corner of Pearl and Broadway ,and from thence across the Park and down to the Battery. (This witness underwent a verylong cross-examination in relation to his drinking on the afternoon of the affray, to his taking his coat off, and other unimportant matters.) I have no recollection of striking any one that night; | was sober, and my menery is first rate; I have sworn I do not know Peter Williams, and I did not strike him; I have never had persons interfore to keep me from whipping him; I did not belong to Engine Company 27, but 3or 4 years ago I ran with it; I believe the Company was disbanded; I was not with No. 27 at the time the Catholic Church was on fire; 1 mer have been out with No. 27 once ina while last winter; there might have been a (raped between No. 11’s men and No. 27, but Ido not know of it Here the Court adjourned to Friday at 10 o’clock. Amusemen: Broapway Circus at Nrpio’s.—The pressure here continues unabated, and the sublime perforin: ances have attracted more general and fashionable atten- dance than ever graced a similar exhibition. ‘There is a rinciple of sterling worth illustrated in every act— Zach has his peculiar accomplishment, diversified by those interludes of wit and humor which are scattered in the arena, without verging upon anything not consistent with the utmost propriety. This evening Mr. North and the other favorite performers will make a splendid exhibi- tion, and the two usual Saturday performances to-morrow will be peculiarly deserving of attention. Miss Reynoups’ Benerrr.—This excellent and worthy young actress for the first time makes her appeal to the visiters at the Chatham Theatre for a benefit tonight. It should be borne in mind that she has but just recovered from a fearful illness of some seven months duration, and likewise that the occasion is her last appear ance but one in New York, as she leaves next week on a southern tour for the winter The new and petty comedy of a Lesson for Ladies; Miss Reynolds as Miss Delbieux; ‘The farce of the King’s Gardiner, in which she enacts Ma- Jame Galashard; The Irish Tutor, with Williams as Doctor O'Toole, are the by selected, in ull of which the Mag and dance abound. The celebrated serenaders go throug] their unique and varied melodies, and the famous Albinos of City Hall memory, make their first appearance. We trust that some thousands will, on looking over the bills on Saturday morning, say each to his neighbor, “ you know all about that, don’t you?” i, Gey. Tom. Tuva, who 1s on the eve of his de- varture for Europe, the Gypsies, and the most mag- hificent performances, are drawing crowds of visiters at he American Museum. ‘To-morrow will be a great holi- lay for families, schools, &c., with splendid entertain- nents at 3 o'clock in the afternoon and 7 in the evening ; and as Mr. W. B. Davidson, the fancy glass blower of the establishment, takea his benefit, with increased attrac- tions, there will of course be full houses. THE NEW VOLUME OF THE NEW WORLD. he first number of the sth volume will appear on Sat- arday, in entire new type, and filled with things good and choice. Now is the time for new subscribers to com- mence. c Contents. 1, The Answered Prayer—An original Poem of great uty, by Miss Sarah C. Edgarton. Still "more Notes about Europe, extracted from un- Diesden and Berlin. piquant and stinging PUDlished journals, Hasbat y 3. Letter to Charles Dicken: epistle to the great “Boz.” 4. Retrospect of the Stage—Another of those amusing reminiscences of the olden time. 5. The Rajpoot Bride—An Indian tale, of the most ro- ‘hantic interest, from the ic Journal. 6. The Parisian at Sea—A nautical tale, translated from the French of Eugene Sue. . 7. Jest and Earnest, a short story; Capture of an Alliga- tor, a thrilling sketch. Epiroriat Anticirs. 8, Hernando Cortes—A review of the late works on Meaico, in which is embodied the history of its Conquest vy Cortes, &c.; a most brilliant and powerful article from che pen of H. C. Deming, Esq., which will command uni- versal attention. ; 9. Pulpit Sketches, No. Vil—Rey. Dr. Skinner, of the Presbyterian Church. 10, Theological Tilt—The battle between Drs. Wain- wright and Potts. 11, Dr. Sewall’s Pathology of Drunkenness 12, Post Office Oppression—Exposition of the meanness and tyranny of Mr. Wickliffe. 13. Letter from Gen. Lewis Cass—Gould’s abridgment of Alison’s History of Europe. i 14.—Letter from Illinois—Very interesting account of matters in the Hoosier State. 15. Letter from Washington—A few words about Ole Bull; Governor's Message; and all the news and chit chat ifthe day; literary, musical, &c. P Price for all the above is only 6} cents. To mail sub- ccribers $8 a year, including a copy of Deming’s splendid ‘ranslation of “The Mysteries of is.” Ci ry street, and examine the various new and cheap works issued and for sale by J. WINCHESTER, Publisher. 0G- YET ANOTHER !—On Saturday will be pean ey en- sd, at 30 Ann street, a new romance by Eugene itled, the Female Blue Beard, or Le Morne-au-Diable, by Sugene Sue, author of the Mysteries of Paris, Matilda, Therese pers tom ke. For this exciting romance there will be a great ind especially smong the ladies, who will be in a twitter ‘o know who the Female Bluebeard is, The scenes are incidents are strangeand full of interest to every lover of she wild and romantic. Gg, Price 20cents complete in one volume—to agents $16a hundred, Address early. J. WINCHESTER, 30 Ann st. site AN OLD MAID, INFALLIBLY, WILL THAT who suffers her face to be disfigured with hairy *xcrescences, or her forehead to remain mean and low, vr her face pimpled, frackled, blotched, rough, sallow. or ‘arse. What | shall the gay, the young, the blooming ‘ellows fall in love with such unsightly faces ?_ No, they ever will; but ‘there's hope for you, girls. Dr. Gour- aud’s Poudre Subtile will eradicate forever any superflu- yus hair you wish, and his famous Italian Medicated Soap will make your sallow, eruptive faces look as smooth, as white as monumental alabaster. For chapped hands, ten- ler feet, weak eyes, tetter and morphew. its effects are al- nost miraculous, One cake will suffice. Buy no where Ise but at 67 Walker street, one door from the corner of Broadway. ‘Agents—76 Chesnut street, Philadelphia; 2 Milk street, 3oston ; Gray, Poughkeepsie; Tousey, Rochester; Heim treet, Troy ;'F.C. Ferre, Midditown, Conn. ; Dyer, °rovidence ; Carleton, Lowell ; Mathewson, Norwich. CONNELL’S MAGICAL PAIN EXTRACTOR. ~The most extraordinary article ever used for the follow- —burns and scalds, frosted parts, chil- clas, bruises, ringworm, scrofula, salt 1s, eruptions, fever sores, barber's itch, sore tie doloreux, boils, piles, inflamed skin, cuts, ‘c, N. B.—Any person trying the Magical Ex- ‘ractor for any of the above named: complaints, and is not perfectly satisfied with it shall have the money refunded. Tobe had only genuine at 21 Courtlandt street. {tG- GENTLEMEN AND LADIES, WILL YOU BE without the genuine Oldridge’s Balm of Columbia tor your hair? You may depend it is the only article that 1s ture to prevent baldness, and keep the head free from tandruf, We have known it to restore hair on the bald ieads of persons seventy years of age. Messrs. Comstock «Co, 21 Courtlandt street, give reference, to any that vish, to those who have been perfectly bald for years, ind have had their hair restored within the last two nonths. Be sure yon get the genuine, with the signature of Comstock & Co, on it, or none. STRANGE BUT TRUE,—The proofs that we have seen of Indian Vegetable ‘Elixir and Liniment, for the cure of rheumatism , are incontestible. We do not he- ¢ to say to the afflicted, that we sincerely believe it to »acertain cure, and recommend them by all means to try it. Tobe had at 21 Courtlandt street A CARD.—TO THE 100,000 MARRIED AND UNMARRIED GENTLEMEN OF NEW YORK—The versonal comfort of so large a body of our fellow-citizens | is certainly worthy the utmost endeavors of all who love | their fellow men, Prompted by this laudable desire, hav- | ing in view the abatement of agreat personal, as well as reneral complaint of the deieterious effects which bad having soaps produce on the skin, by irritation and chap- —it induced the inventor of the " Tuberose am” to prepare an article, which should com- ving the f shaving © ‘ame time soften the beard quickly. After much time «pent in experiments, he offers his article with confidence, 18 possessing all the requisites of the best articles import- ‘J ‘without their bad effects, especially to those whose ‘a tender. One trial will convince the most in- of its, superiority over any thing yet offered to ‘Sold wholesale and retail by &. Phalon, 214 . Zieber ‘Washing- ja Avenue ; Co. mainly in the Island of Martinique, and the characters and ig sine a gentle emolient for softening the beard, and at the | BY THE SOUTHERN MAIL. | Washington. {Correspondence of the Herald.) Wasuinoron, Jan. 3, 1544. Withdrawal of Calhoun from the Baltimore Con- vention—Duff Green in Specs, §c. §c. We have a little curious news here in relation to the movements of Calhoun and his friends. I un- derstand that the South Carolina Senators here have received letters from Calhoun totally separa- ting himself from the Baltimore Convention and all its hopes and contingencies. Like Mr. Bu- chanan, Mr. Calhoun has withdrawn his name privately, and will soon do so publicly, from that Convention. What his fuure course may be 1 know not, but it is possible he will let things go by default,and insist on Congress modifying the tariff, or make that the basis of a fresh agitation in the south for 1848. At all events, the withdrawal of Buchanan,and now of Calhoun,will reduce the can- didates of the Convention to Van Buren and Cass, for all believe Dick Johnson is out of the way. The friends of Clay are rising unions every day ectio t the aspect of aflairs. The detections in the loco- oco ranks will increase up to next November,when the chances of Van Buren will be smaller than at present. You have no_ idea of the bitter hostility of Captain Tyler and all his friends to Van Buren, ind to them we may soon add those of Calhoun, Cass and Johnson. 2 i Duff Green is here quite busy with the President and Cabinet. He is organising, measures and col- lecting capital for the establishment of a dail newspaper in New York, which, in due time, sill swallow up all the other New York papers, and then die off itself in three months, because none will exist to oppose it. Mr. Henshaw, Mr. Porter, Mr. Upshur, and that genius Wickliffe, are to give him as much patronage here as he wants or can take. It will be afree trade Calhoun paper, and will be also an organ of the anti-corn law league of England. | rr 2 ; ere will be some rigid examinations in the Senate before all the nominations are confirmed— particularly in those, of Henshaw and Porter.— Can you tell by what influence one Towle or Fowl, and some others, were appointed in the New York Custom House ? [rather think they will go by the board, from what I hear. z Mr. Benton and the western members intend to pass a law to take possession of the Oregon at once. By and by Congress will be in motion in earnest. Look out tor a new post office law, worse than ever you dreamt of in your philosophy.— Wickliffe is as obstinate asa mule, and Merrick not much better. ‘Washington. (Correspondence of the Herald.) Wasuinaron, 2d Jan. 1844. James G. Bennett, Esq.: Dear Sin— Mr. Allen’s resolution asking for a copy of the letter of instructions to Mr. Everett relative to the Oregon territory, came up for adoption to-day.— But in consequence of the illness of the Chairman on Foreign Relations, it lays over afew days. It is doubtful if the President gives a copy of this let- ter in answer to this call in the present state of ne- zotiations upon this subject, especially as Mr. Pack- enham is 00 shortl to arrive. ‘Should the President decline, as he well might, to Hive the copys the pro- bability is that, a similar resolution will be passed in “secret session.” ei Mr. Jernigan’s bill to divide the United States into iat military districts, was read twice and re- ferred. : The suit of cloth worn by the President yester- day—very elegant—was ‘‘native American,” and prestited 43 him by a friend in Philadelphia. i ‘The weather to-day is very unpleasant. The air is chilly, with a drizzling commingling of raining, snowing and mcctinge he clerk of the weather probably overstepped his duty yesterday—on which occasion he was the hanes fellow alive, and is now getting over his frolic. Yours, &c. Ss. B. Wasuincron, 3d Jan, 1844. James G. Bennett, Esq. :— Dear Sir:—Much interest was felt to-day to know whether the Senate would act upon Execu- live appointments or not. They did not. Many vetitions were presented ; one by Mr. Buchanan, trom Philadelphia, for reduction of postage. Mr. Atcheson’s Bill to extend the time for prov- ing pre-emption rights was read twice and refer- red. Mr. Porter, of Michigan, gave~notce that he would introduce a bill to extend the Cumberland coad through Ohio, Indiana, and Ilinois. Mr. Crittenden gave notice that he would intro- Juce a bill to change the time of meeting of the Supreme Court from 24 Monday in January to Ist Monday of December. ett The Senate shortly adjourned—not going into Executive Session at all. The copenRnenies re- fore remain in statu quo. Very likely there will ve no hurry in acting on them. i P.S. [learn that the whigs of the Senate will hold a caucus this evening to discuss the political character of Mr. Henshaw (and other matters).— [f he -does not refuse to yote for Van Buren, the Senate will reject his appointment. They are not nelined to add more to Van Buren’s strength.— They have written on to New Orleans to get a re- sponse from the great oracle of Ashland, to guide ion in the midst of this labyrinth of cabinet ap- pointments. So itseems Mr. Clay will have to straighten these matters 8. B. er all. Wasninaton, Jan. 3, 1844. Wonderful to relate, this has been a dies non in the way of debate, and to-morrow 18 likely to be the same. ‘The House seems to have got a surfeit yesterday ; so, by nearly common consent, resolu- ions to lay over from the States in rotation were sailed for. This is preliminary to the real business of the session. By half past three o’clock the chair had got the length of Ohio, when a motion of ad- journment was made and carried. It was dry and -xceasively tiresome work ; nevertheless the wes- tern members demurred at being thus cut off, but when told bythe Speaker their turn would be the first business in order to-morrow, they yielded con- sentto adjournment. 2 . I send you the resolutions seriatem in the order of arrangement. You will perceive that some of hem, and the votes thereon shadow forthcoming svents. That of Mr. Rhett, and the action had on t, clearly demonstrates the fact that the north, and specially the Van Buren file leaders, will not go with the south on the question of the tariff. They will not commit themselves to any thing explicit antilafter the Presidential contest. ‘The motion. of Mr. Black, of Georgia, however, permitted of great latitude ‘in the construction of what would ve a revenue tariff for the economical administra- ion of the government ; therefore many of them ceadily swallowed it. One vote more, and the Van Suren Speaker would have had to show his hand. Several of the Pennsylvania delegation were ab- sent, or remained silent when their names were salled. This is curious when taken in connection with the fact that in no other State in the Union is the public mind more unsettled than on the ques- tion of the tariff. The protective doctrines, even with the democracy, are, if any thing, looked upon with the most favor; and the whigs hope success- jully to ride triumphantly over the State on this robby next fall. Meanwhile it was necessary for the Van Burenites to perpetrate some sort of locofocoism. Dr. Duncan there- ‘ore offered a resolution to disconnect the public monies with banking institutions. Be bee ~ ere the ay ‘ent strong for it, Treasury., The Penies. ‘The. committes of nd jes. to bring in a bill on the subje report will accompany it, thus ast and the West, the North and on this cardinal measure, perceive by the vot Means are inatructed ihave no doubt a ram Aemonstrating to the the South, that they are still, the unterrified Kinderhookers. It may be still fresh in the recollection of your readers, that a Lieutenant of marines named Tansill, was tried by acourt martial about the middle of last summer. The charges prefered against him arose out of some supposed violation of the rules of the service, and for ungentle. manly conduct. ‘This young man having raised himself from the ranks by his own merit, excited, it is said, the jealousy of those who procure their epaulettes by’ the more aristocratic road of influence. ; During the last Florida campaign, it was either his good or is ‘bad fortune to be commanded by Lieutenant McLaughlin, the officer under whom & poor but respeta- ble private, named Pierpont, a cousin of the Rev. Mr. Pierpont of Boston. died from the effects of a flogging, un ifully inflicted upon him while recovering from a se vere sickness, for some trifling breach of discipline. Lieut. Tansill, as was supposed, published in a St. Augus- tine paper animadversions on the , and called to it the attention of the public. This, as might have been expected hy him, raised him up a host of foes , the more particularly ax many of the subordinate officers had laid themselves open to rebuke for unbecoming con- duct—and since then, he hae been the object of espi- |Gnage and persecution, with a view to cateh bim tripping, that they might report him to the Department. He was caught at last, and the object of this introduc! is to tell you how, Last Monday (New Year’s,) he went, accompanied by his wife, to pay, along with tho ds of others, the compliments of the day to the President. He went in uniform—and it appears tl a breach of mili- | tary discipline, he having no right to do so until released jin since his trial. Some from arrest, under which he hi | very gentlemanly and gallant officer reported th Bec. | retary Henshaw, and the Secretary took it in high 4ud- geon, It is generally thought that an officer under arrest | Fieharred irom wearing his sword; but this is the first time Lever heard he had no right to put on his uniform, | if it so pleasod him, After living nearly @ year in sus. pense, waiting the action of the Head of the Department in,