The New York Herald Newspaper, July 15, 1844, Page 1

Vol, X., No. 195—Whole Ne. 8795, To th . THE NEW YORK HERALB—daily newspaper—pub- lished every day of the year except ‘New Year's day and Fourth of July. Price ans copy —or $7 26 per an- THE Y HERALD. eve cents per copy, or $3 isper ae naa Posi spa naivance. ADVERTIBERS are informed that the circulation of fhe Herald js over THIRI'Y THOUBAND, and increasing fast, a ‘reulation ‘paper Noor foes Facrig iinet C or the world, and is, therefore, the best amsain the city or pare Tricen moderste-cash Vance. PRINTING of all kinds executed at the most moderate Price, and in the moat el nat ie JAMES GOWDON BENNETT, OPRIETOR ov THE HenaLo EstaBuisMMENT, jorthwest cornor of Fulton and Nassau streets FOR HALIFAX AND LIVERPOOL. ‘The Roya! Mail Suamships BRITANNIA. HIBERNIA, will leave Boston for above pr rts, as fellows = Bhtedsy. Aue $020 ‘ait at, SEA AIt.—A FINE SAIL CLOWN THE BAY, DAILY, Fae et CURT RER CA oe Capt MIL truvedall, with a! views. tly end sae madacing” 1 Wwiva the Haroor, Roytifiextionsy Lam 4 ccervn Scevery, will mekea Daily trip (Sand ed) intuirwoaiher. Gowa the Bay, landive, golog aed Seeabe Fe Will leave Davelay atreat (XR ) lock P.M. ve atreet et o’cloe M, ye atreet (EK iat ig Pier No 1 wh ) atd, touch. ‘ay street at 4. mos street d4¢ and return in time tv at Oven o'clock; comaenciag Monday nod continue anti further ngtice, Fare Twenty ingldven ander Twelve vote of ag, hlloriga. most perfect order will be maintained on ore will be tule to render the excursion en in stormy weather. 3. iy PLEASANT AND CHEAP EXCURSIONS. NEW BRIGHTON, PORT RICHMOND. STATEN TALASD iy ety Ok Ray From Pier No, i, forth River, oot a "Place, he Stearaboat CINDERELLA, wil run au follows, daily. from May 20th ‘to’ October Ist, 1844 Leaves New York,at 9and 11 oy At 399, 6 i Leaves Port Bichinond, at 20 minutes to 8, and 10 minutes to 10.A. My at 1,496 and 36 P.M. Leaves New Brighton, at and 10.A.M.; at 1M, 5 and 7% P. On Sunday— Ne d 11 A. M5 at 3, a Fat nas Fo Michoud, eC 30 miaucnets tad WA SG “Now Works May 18, 1044 myll ém*re REGULAK OPPOSITION. VEN O’'CLK Landing —Cabin inday, Wednesday and ny, Thuredey and Sundays een lengthened and fitted up in a neat and com- fortable style, with new bedding and thronghou ihe has a nucober of olegant Stave date from 2*0 to 300 ‘Hat ter, she will not be General Agent _Possengers taking this boat will arrive in Aloany fn ample time t take che morning train of cars east or west. KF Alter Monon tase tet eave at 6 0% jonday, Ju will leave a the foot of hivecer reeks and Albany at 7. i Pras STATEN ISLAND FERRY. on FOOT OF WHITERALE. © a Chee RAL LAV eta deN PecaNp eM wou, A.M. P.M. }, every hour, fro: . M.to7 P. M12 M, exf FORT HAMILTON AND NEW YORK Leave New York 6 A. M.. 334 P. M. “Fort Hamilton 744 A M , 4d P. M3 Bundays ex: ae Leqves Now Yorke Ay Sts 20nd iy Me wes New X orl My MM. ny Clifton 7}, A.M. 3}g and 43g P. MM. rm (Saadays exrepted.) Se SCHOOLEY’s MOUNTAIN EASTON. foot of Courtant scat, dal Sass a4, AM, by Railroad From esey City to ‘Mor Coaches Mendham, chester, Schuoley's M. Fort Golden, Weahisg a A ington = daily Hintemeci soa hom "Beivtiors, ‘Ber omare aol ay, Patten’s Commercial Hotel, 78 Courtland’ on any nek, from im*re 7.8 On Sanda N. B.—Exyas farnished at to N.B: LUM. Morristown. AUNUEE ARRANGEMENT NEWARK AND NEW YORK. FARE ONLY 184 CENTS. THE? NEW AND SWIFT STEAMER RAINBOW, eevee) an. ted alter: Monday, My 1, will ran na To tp tollows:s-Leave Newuth, fot of Centre gt, mt Tie A cand GEM. Leave New York, Gn Sandasy—eLenve Newark at 8A. M. and 29. M.and New Yori na 10 A. f and 4 P.M. ie feignt jed at very reasonable rat ay 1th, yaad. “ the ice, by 1 ahesteotnation, br appizing aptre B. CARPENTER & Co’s LINE FOR NEWBURGH— Landing at Caldwoii’s, West Point, Cold Cornwell snd Fiski') landing. team boat Jayes ‘MADISON, Capt leave the Warrea street pier every londay afternoon at 2 ery Tuesday and Friday “*iesraraiog will leave Newburgh every Taesdsy momirg xt haifpast Gro'clock, and every Wednesday and Saturday at 6 ovcieck 1m the a ter neon, All bagwage, bank bile madles or pareels put om Lonrd this hacies 2 alvwad, Ww. jock, and H ipeet be he the Hak of the respsctive owuers thescoh, waters SSteced upon the bouk of Wwe Loat, or « bill of indiag oF'recespt ir given for the same. 38 lwtec ont A ¥ 1D HA’ CKET! het Line the che of this line will hereafter leave Ney 1 rk on the ist, and Havre op the 16th of each month, as {cl 2977, Viz = Faom New Yo: From Havas. New Ship ONEIDA, - pees 16th April. ‘Janes Funck. ¢ Ist Note RE, lat Apri Ship BALD MO! ?Rdward Fanek. Bhip bri eo ist Ast January. New shipat. N aia iat Jane, 4B. Pell, Ist February. arch. S are 5 ma wutithurmey Werequived foe, ppectect: Merrie of cal passage is $100. re Will be supplied with every re+ Nee with the exception of wiues and liquors. ‘Woods intended for these vessels will be forwarded by the sub- sctibers, free from any other than the expeutes actoally curred on them. For ees ey to Ds EN, 8 ies5ec No.9 Tontive Building. car. Wall and Water» 4 Pr La pA hei ong Ae, Lien pm ‘ vas oh neket 2ist eT he ler ‘orl ya Ee pacts shup {UTTINGUER. Ira Bursley, master io ‘sail as above her regular day : Kor freight or ¢, HAVING Very superior accoximodations nusvipassed by xy ship in port, epply ox board, west vide af Ben ae ae S SODHULL & MINTURNS, #7 South x. Enver of passage $100. uf ip Liverpool, Joha Eldridye, mast tae lMfusoon Ss! Maccaguer’ “and sal ot het ree + Qist August 422 t2iac te FORK LON DON—Paeket of the 20th Jaly—The Nendid, fi iit ‘ket ship HENDRICK MBB otis eccrine es, Sai aoa regalar r lay. is superior prekec haa very fine accommodations for cabin, secoud eam and steerage passengers, who will be taken very reasonable rates, if curly eephestign be made on board, to W.& J.T. Parscorr, 16 8. uth atreet, eorner Maiden Lane. ing to send for their friends to come ovt in t the line or who are about to remit mpney, ¢: ie arrangements by applying as above. Sloen20re y HAVAA—Second Line—The obi ith Mowe a ky Master wll an us rt w 2 I OF AMOR OD Me NINCKEN ee No 9 Tontine Rofiding, cor Wall nud Water ats IMPERIAL HOTEL, | Opposite the New Assize Courts and Railway tion, corner % ST. JOHN’S LANE AND ROE STREET, LIVERPOOL. JAMES MORGAN. Propcietor of :he above new modinns Hobmeni, respeetfaliy informs ‘ for the reception of Private combined and elegant and extensive Coffee sind several private Sitiag: Roonia, hited ‘ai nd Ue pub fo 0 Famiiies aud ¢ yle saitable for the recep ies end Visit~ fs suimodavion of parties requiring earty break: ander the personal superin- visitors may rely with co if. lar, comiort, neatuess epprobation of travelle:» gear Seale cf charges will be atristly mus jerate. " i Private Roome for large or sma! Dinner Parties. Hot, Cold, and Shower Batns always ready Lively inlérm-tion reapecting the departure and arrival of the various Railway Trains, Se.m and Sailing Packets, ke To Stra reepoul, it may be necewsary to ob terve that is centrally sitanted, wichin view ol, nad one miaute’s walk fom the Liverpool and Via: cheste aod Grand Junction Kailway Stasioas, and immediately oppo? site the New Assize Courts ; it i also conciguous to theipr €ips! Thewtars, aad other places of public resort, B. Aa'l' avellers Vt) driver to proceed direc [AND O11— 190 bbls No. 1a very superior artile, No 2. For cale in lots to suit purel a K. COLLINS eco, did Stee = boBouth ot ‘Washington. [Correspondence of the New York Herald } Wasuineton, Saturday, July 18, 1844. Bets Settled or Withdrawn—-'* Sober Second Thought” recommended to Col. Palmer—Mem- bers of Congress— Felix G. M’Connell—Specifica- tions Against L.im—Confession of the General, and Sentence—Apology of the Court for its Pro- ceedings and Judgment—John 4. Donahoo,:E4q., and the “ Polk and Dallas” Boys. The bet upon the Presidential election proposed by the “ Fiscal partner of the Globe” is at last definitively settled. Hon. Willis Green, of Ky., we understand is the man who has made the fore- closure. The bet stands subdivided as follo' $100 that Mr. Clay will not get Maryland; $200 that he will not get Maryland and Delaware; $300 that he will not get Maryland, Delaware and North Carolina. Massachusetts, Rhode Island, Ver- mont and Kentucky excluded, Mr. Rives conced- ing them as certain for Clay. Mr. Palmer of Prince Georges, who made such a flourish in the Globe recently, with a prof- fer of $100 each upon some I8 States, and $500 upon the general result, has gerrainty backed out, lt was an “* impulse of excitement, &c.” Gentle- men, when money is to be staked, keep cool, and always let it be done under the judicious decision from the “sober second thought.” oo Among the members of Congress still in town, are Messrs. Dawson, of La.; Payne, of Ala.; Bag- by, (senator,) Ala.; Walker, of Miss., democrats— and Jarnigan, (senator,) of Tenn.; and Willis Green, of Ky., of the House, whigs. ‘Public Documents” and party correspondence have de- manded their detention. A number of them, in- cluding Dawson, Payne, Jarnigan and Hoban, of this city, Causin, Bowie and others of Md., are expected at Grimes and Rood’s, in Prince Georges, to-day ata party, tacueston, f Hon. Felix G. M‘Connell and Hon. Dixon H. wis, (senator,) of Ala., have left on a visit to their constituents and their homes. M‘Connell— a man who would give his last dollar to a poor devil in distress—and who treated all hands, on all occasions, indiscriminately—who spent his money as though he had the rent roll of Prince Esterhazy, or the receipts of the Herald Office, has left us and gone home. A good fellow at heart, as generous as the day is long, he hassadly mistaken the “legi- timate arama.” A continuous round of frolicking —song singing—bravado—bufloonery—blasphemy, and billingsgate unequalled among the cognos- centi of the Western waters, have contributed to the inglorious immortality of a man cupa- ble of doing honor to himeelt, his constituents, his party, and his Cafe His sayings, on the contrary, are treasured only among the nocturnal towdies distinguished as ‘* Never Sweats,” “* White Alley Boys,” ‘‘ Gumballs,” and “ Rangers ;” his doings, prominent over every competitor, are his “treats all round,” his ‘glorious times in the oyster cellars,” and his thoughtless and reprehensi- ble interruptions of debate on the floor of the House. For a man perhaps not over thirty-five, of attractive personal quali and fine talents, and with a young and interesting family at home, the opening of his public career is most unpropitious and unpromising ; and which, uniess atoned for in a prompt, effective, sanatory and comprehensive reformation, will speedily lead to the lamentable resuit of the inoral, religious, civil, social, political, physical and spi- ritual damnation of his body and soul. At ove time last winter he signed the temperance. pledge, and kept it inviolate for several days; when ne coppers became so heated, that the contents of John Foy’s bar were alone sufficient to ‘‘ cool his parched tongue.” Water taken upon his diaphragm seemed to operate like the same fluid when thrown into a blazing frying pan, only augmenting and aggra' ting the flames. Old Conyak, blue-ruim and bla strap, were the sole alternative of salvation from spontaneous combustion. The honorable gentle- man, therefore, resumed his. libations to the godi and has gone home minus his mileage | and Fe. per diem, as happy as alord. Hon. Felix G, “Conne'l, stand up. You have heard the charges for ena you are herein arraigned. Guilty or not guilty? e pause for a response. Hark! a voice from the Jong swamp of Carolina—from the cars bound southward, a voice, fearless, decisive and emphatic—“ Guilty, G—d d—n my soul—guilty, you d—d presumptuous, long-eared, flat-bellied, moccasin-footed, methcdistical d—d fool !—guilty, d—n you, in the first degree!” It is the voice of the redoubtable General—it is his language, and his respouse! Receive, then, and bow in submis- sion und humulity to the sentence of the Court, which is, that you are prohibited frem swearing, under the penalty of blasphemy, and from drinking strong potationa under the penaity of getting drunk; and that from your confessions in the premises, you are hereby reprimanded as amenable for dire- lictions of duty, infractions of sobriety, desecratious of official dignity, thoughtless extravagance, ana wanton violations of the compromises aud reserva- tions of your bodily constitution. The Court, having thus rendered up to justice its duty on this occasion, and having reprimanded, admonished, and torewarned you for the future, in a spirit of brotherly kindness, and from a painful sense of the paramount requisitions of the law, dismiss you with the penalties in your case so mildly adjudged and cheat And may the lord have mercy upon your soul. % _ Seriously, the obligation of justice to violated ob- ligations on the part of G, « Il, has been the chiet incentive to o Spode cane.» asc : ur severe familatity with his private history. In his case it is peculiarly an unpleasant exposition, suchfas we have felt it our duty tomake. We would rejoice in the onward success of the General with his best friends; but we cannot predict it, nor expect it, without the refor- mationsubmitted. That he may come to a “know- ledge of the error of his ways ;” that he may take measures to make his “peace, calling, and re-elec- tion sure,” is our earnest hope ; and the object in this public expose and judgment thereon. “Allah bis millah!” God is merciful. There was a nevel procession in the Avenue last night; some three hundred bors with a fife and drum, and various ‘ Polk and Dallas” transparen- cies, paraded the city, headed by that indomitable Locotoco, John A. Donahoo, Eeq.—the Alderman Purdy, of Washington—thou, ins Dbmahoo} by the way, is no aldermen. He declares that we are gaining the boys over, and that the women will come next, just in time to “ Sweep the Palace For Polk and Dallas.” John Foy laughs at the idea of his proposed ap- pointment to the City Post Office. There was something suggested officially in the matter—and that’s all. Bon. A Nulsance to be Abated, To Tar HonoraBie THe Mayor or ine Crry:— Sir,— _ Believing that it is not only the duty, but the de- sire of the present City Government to correct ex- isting abuses, and to prevent, as far as possible, all violation of law and order, I beg leave to call your attention to a custom of many of our fire and hose companies, which not only infringes, as I am inform- ed, a City Ordinance, and greatly incommodes foot passengers, but frequently places their very lives in danger. I mean the practice of running their engines and carts upon the side walke, which is constantly done at full speed, without the slight- est regard to the safety of those in advance, who are obliged to scatter with precipitation, when the loud bawlings of the boys who drag them give sudden warning oftheir near approach Our streets are no longer safe for women and children while these things are permitted; and I have myself seen delicate females and tender infants flying 1m fear and trembling before such a mob of shouting row- dies, when the turn of an ancle, or the slightest stumble, would have exposed them to be trampled by the heels of their pursuers, and the wheels of their engines. This Il have witnessed, both in the day time, and at might; and as it isa matter that concerns not one citizen, but thousands, | venture to hope that after this appeal for protection, these outrages will occur no more. as Very respectfully your fellow citizen, New York, July 13th, 1844. Crops vw Canapa.— We never remember to have seen the crops in such a state of forwardness at this season of the year as they are at present in thistowu- ship, a3 well as in Waterloo, Guelph, Beverly, and the neighborhood. ‘The hay harvest has aiready commenced, The clover, though short in the stalk, stands very thick on the ground, and we think will yield nearly if not quite an avi crop. The wheat is in a state of unprecedent: ed forwardness,and if any thing a little too luxurious, Kiving rise to a feeling of anxiety lest it should ‘go to Hie,” or be affected by rust, which the present fine and dry weather, however, gives us little reason to anticipate — ‘The até and peas appear thick, strong, and of a good healthy color, and in tact the crops in general, including potatoes, (which have quite recovered from tne etlects of the frosts in the earlier part of the season,) hold out the rospect of an abundant and early harvest, and must of lord ample mattee for Congratulation on the part of the farmers,—Dumfries Courier, July 6, NEW YORK, MONDAY MORNING, JULY 15, 1844. Price Two Cents, SICENE OF THE In the Supplement of to-day will be found a ful and interesting account of the horrible secret mur- der committed at West Hoboken on Friday even. ing, and discovered on Saturday morning. The white spot in the elegant engraving above will point out to the reader the exact spot where the body was found, in an almost north-northwest direction from the centre of New York and Hoboken ferry. Since then, the trunks of the young man who was ar- rested, have been examined by officers McGrath and Staunton, and a pair of black pantaloons, which were spotted with marsh mud resembling that in the vicinity of the scene of the murder, were found; as also a shirt bosom, bearing the marks of the clenched hand of a person who had torn ittrom its place in an apparent struggle. There was also a small quantity of loose powder found in his trunk and several red silk pocket hand- kerchiefs, which peculiarly corresponds’ with the color of that seen in the hands of the man wiping his pantaloonsjat the time of the reportof the pistol, at 5 o’clock on Friday afternoon. These circumstances, combined with the strange and peculiar conduct of the accused when he was brought in presence of the body on Saturday, will compel Coroner Benson to commit him for trial, unless his eminent counsel, &. V. R. Wariaur, Eeq., presents the defence in which we understaud he is able to show that the accused was in the city of New York from the hours of 4 o’clock, P. M., until 7 in the evening on Friday afternoon, the time at which the murder is alleged to have been com- mitted. The accused is now in the custody of Cor. oner Benson,who will commence the investigation at Jersey City,this morning,at 11 o’clock. The name of the accused is P, F. D. Menogs, « young Ger- man, who has been in this country but a few weeks, but during that time has been particularly intimate with the deceased, and has, by this intimacy, ob- tained a perfect knowledge of his pecuniary cir- cumstances. From evidence presented before Die- trict Attorney Harpenpera, it has been shown that the accused arrived in this city a few weeks since, and from expressions made by him during the voy- age, it is presumed that the deceased had about 1000 marks, or $300 in gold, in his ,possesion at the time’ he was murdered, as well as his gold watch and chain, Not a cent was found in the trunks of deceased at the house he lodged, in Dey street, and it is therefore to be presumed that he had either been induced to take this money to change into bills, or that he always carried it about him. ‘The supple- ment contains particulars of the day previous, Great Gas Microscope. The public is not generally aware that the most splendid and powerful instrument of this class that art or science has ever produced, is now in our city. It may be recollected that some two or three years ago a microscopic apparatus constructed by caret for the Polytechnic Institution of Lon- don, produced a great sensation in that city, and has continued ever since a constant object of at- traction. This instrument was reported to be ca- pable of exhibiting a flea, thirty feet in length, preserving the necessary distinctness, in the mi- nutest parts, and sufficient illumination, That ap- paratus was then the largest and most powerful that had ever been constructed. Qn ascertaining the success of this attempt, Dr. Lardner sent direc- tions to Messrs. Carey to construct for his lectures and scientific exhibitions in this country an appa- tatus not inferior in any respect to the polytechnic instrument, but having advantages over it in some points in which it appeared susceptible of improve- ment. The present apparatus, which arrived here afew months since, was the resultof this order. It. at present erected in the room of the Society Library in Broadway, where, to judge by external indications, a permanent place of scientific exhi- bition and popular lectures is contemplated, some- what similur to the Polytechnic Institution, or Ade- laide Gallery in London, to be carried on under the direction and superintendence of Dr. Lardner, who will, it is understood, give it the frequent ad- ditional advantage and attraction of his lectures. The present microscopic apparatus possesses ca- pabilities and powers even greater than those as- cribed to the London instrument. On Wednesday evening the flea was shown with it forty five feet in length! each leg measuring about twelve feet, the mioute hairy ot spicular emanations upon it being a foot long, and perfectly distinct. The bug was also exhibited, the head of the creature being se- veral feet in diameter, and each eye measuring a foot! We shall prepare a description of the optical mechanism by which these astonishing eflects are produced, and publish it in a cay or two. A handsome frame end entablature was erected on Saturday over the porch of the Library Society House, enclosing the following inscription:— DR. LARDNER’S LYCEUM. GREAT GAS MICROSCOPE. Telescopic and Pictorial Exhibition. This indicates permanency. Dr. Lardner will exhibit the microscope, and give one of hispopular lectures this evening. Kentucny Mammotn Cave.—Twenty-six large avenues, and third river, larger than those previ- ourly known, it is now stated, have recently been disco veredin the mammoth cave. ‘A sulphur spring of an e: cellent quality of water has also been found some miles within the cave, Boats of suitable construction have been built expressly for the rivers, #0 that visitera desi rous of taking a water excursion, a dozen or so miles ander ground, can be accommodated. Large additions have been made to the Hotel, and, from all accounts, @ visit to that great wonder ofthe world would be deligh'- ful in every respect ; and particularly about these sun- shiny days. Only think of tho luxury of a pic-nic, at abeut some half aday’s journey beyond where old Sol would think of poking his fiery proboscis ! Minrrary.—The City Grey, Capt. N. A. Thomp- son, start on their Southern tour next Monday al- ternoon, by the way of Norwich. They will be receiv- ed in N. York by the New York Fusiliers, Capt. Cazneav, on Tuesday, and quarter at the Astor House, Thoy w:il remain in New York one day,and proseed to Philadelphia, where they will be received hy the Philadelphia Greys, Capt Fritz, and remain tintil the 19th, thence proceed to Baltimore ‘where they remain the guests of the Maryland Cadets, Capt. Ropes, until the 934, and then take up their line of march for home, via Philadelphia, New York, aud Providence. On their return they will be reosived and escorted by the Noriolk Guards, Capt. Guild, of Roxbury. —Beston To pe Hune.—George Thoinpson, who shot Mies Hamblin, at Bellevue, has been tried, convicted, and sen tenced to be hung at Lower Sandusky, on the 12th inst — M4 the law of last winter, all executions in Ohio are here- te be conducted in secret. ——SS y RECENT MURDER AT WEST HOBOKEN. ‘ue Privare Mat. Question. —We received by Damon & Go’s. express the following decision in the case of Pomeroy & Co. for carrying letters out of the mail, It will be seen that in Boston, Utica, and indeed in every place but in Philadelphia and Baltimore, the Judges charge directly against the government: (From Utica Gazette, July 12) In order to give the public the earliest intelligence pos- sibie, of the recent decision of Judge Conkling in favor of George E. Pomeroy, who was prosecuted by the U. 8. Government for an alleged violation of the Post Office laws, we issue this Extra, It will be seen by this decision that it is lawful to use the private expresses to facilitate the business and inter- communication of the country ; and that private messen- gers may pass over Rail Road and steamboat routes, with Such matters about their persons or their luggage as they may please to carry, or as others may please to send by them, If embarrassments are to be placed in the way of citi- zens, in the transmission of their orders, and the like, oth- er laws than those which now exist must be enacted. Upon the opening of the Court, the Judge delivered his follows & penal action, founded on the 19th and 24th Sections of the act regmiating the Post Ottice Department, passed March 3, 1825 he 19h section it is enacted, that no stage or other vehicle, which regular trips on a post road, or on a road parallel to it, ry letters: that for a violation of this provision, the owner ob the carriage, or other vehicle, shal. incur the penaity of fifty dollars : provided, that it shall be lawiul jor any one to send letters hy special messenger By other sec- tions of the act many other acté ure prohibited, aud de- clared punishable. And the 24th section provides in gen. eral terms, that every person who, from and after the passage of this act, suall procure, and advise, or assist, in the doing or perpetration of any of the acta or crimes by this act forbidden, shall be subject to the sume penal- ties and punishments as the pervons are subject to who shall actually do oc perpetrate any of the said acts or crimes, according to the provisions of this act. ‘The do claration contains twenty counts, each ebarging tbe de- jendant with having procured, advised, and uswsted a cer tain vehicle, to wit, a railroad cer, pertomning regular trips on a@ ruilroad, in thia district, such read being & post rvad, to convey letters contrary to the iorm of the statute The evidence in behalf of the United States, assuming that the witnesses are entitled to credit, establishes the fact that many letters were received by the ag ot the defendant, for the purpose of being conveyed, and were in ‘fact conveyed for hire by his agents, yg under the name ef messengers, on the road ‘coated in the declaration, in the cars of the owners ce tends to prove that this of the defenda its sutli was done with cieucy for this latter purpose, being however denied by the counsel for the defeudant. On the other hand, it ap pears that the defendant's mesrengers travelled on the roads in question merely in the character of passengors, purchasing tickets for that purpose from time to time, and that the owners ol the cars and their agents were igno- rant oi the fact of their having letters im charge. It ix moreover admitted by the District Attorney, that in order to subject the owner ofa vehicle to the penalty provided by the 19:h section of the act, it must appoar that letters were conveyed in such vehicle with his knowledge und assent ; and that no penalty has therefore been incurred under that section by the owners of the cara now in ques tion. Under this etate of the case | am called pon by the defendant's counsel to instruct the jury, anoug other things, that in order to render a person liable to the pen- alty provided by the 4th section of the sct, it must be shown that by his procurement, assistance or advice, some other person has committed the uct forbidden by th 19th section ; and that the plaintiffs have therefore fai in point of law to establish aright of recovery position has been strenuously and very ably ¢ the District Attorney, who cribed an the 24th section, taker 19th section, is a distinct and independent offenc: may be committed by one person without th. i pation or agency; of any other person, This is hot a new que: pn, though it is one of recent origin in the courts. It was involved in the case of the United States vs. Adams and Dinsmore, tried near ly a year ago in the D.atrict Court for the Soutbern Dix trict of New York, though from the report of the case read yesterday by the defendant’s counsel, the ynestion does not appear to have been very distinctly presented to the court. ‘The opision of the court is, however, understood en favorable to the construction of the n dant’ counsel in the pres e United States va. Kimball, tried a months since in the District Court for the Massachusetts District, and reported in the law reporter for May last turned directly upon this question, The opinion of his honor Judge Sprague upon it, alter argament is elabo- rate, and apparently well considered; and it ws cordance with the instruction now asked by th dant’s counsel. He I that a person who by apassenger in a railroad car, iv not lable to th This pro nte! ith the which pen alty provided by the 24th section of the act, unless the {the car is liableto the pe d by th ion. The cave was carried to the Circuit Court by writ of error, and the decision of the District Court was affirmed by Mr Justice Story. If these had been the only decisions upon this question Ishould have felt little hesitation in yield r authority. But a contrary decision having lately been made by the earned Judges of the Eastern District of Pennaylvania, in the case of the United States vs, Fisher, and us it would seem also from imperfect report istrict Court for th the United States va, ( to consid by the District Attorney, by the District of Maryland, in the care of our, I have felt it to be my duty un original one, aud especially to scrntiniz ting judicial opinions pronoun edin the cas mball and Fisher—these opinions having, as it is understood, been published ander t sanction of the learned Judges themselves. In doing this, { have been essentially aided by che luminous argu ments of the learned counsel by whom this trial hag been conducted. I had read the opinion of the Judge of the Massachusetts District upon its first appearance two months ago, and was forcibly impressed with the conrse of reasoning by which hi 1 have already intimated, t have hesit quiesce in it, had there been no conflicting decision, and but for the forcible argument of the District Attorney in the presentcase, My attention has therefore been chiefly directed to the reasoning of his honor Judge Randall, and that of the District Attorney. The learned Judge, in as signing hie reasons for the conclusion at which he had arrived, ia reported to have sad, that “offences even of the highest grade, may be committed through the medi- um ofan innocent agent. and the employer be answera- ble as principal,even although not present when the act was committed.” he adda, “one who employs he age of discretion, todo an ent for it, although the act was done in his absence.” This is undoubtedly sound loctrine ; but | am not able to perceive any propriety in its application to the case in question, ‘The reason why one who employs achild or an stot, or instigates o mad man tojcommit # erie, in himself direstly reapensible as principal, instead of being but an ae ry before juct, i#, that the immediate actor is irresponsib every offence Committed, some one must necessé ble an the principal oftender. In ihe cages enppored by arned Judge, if the intermediate agents were uo countebie for their acts at all. it could only be ax princi pals ; but being irresponsible, he #y whom their « prompted, ia justly substituted ‘in their plac one who should malicionsly unchain a wild beset in whe midst of a populous town would be held accountable na principal, for the injury which should accrue But the reasons of this doctrine do not exit when the nu Inwitl act is perpetrated by a person who ix himvelf ame nuble to the Inw for hia acts, and therefore the doctrine it velf is inapplicable to auch acase, The ewner and con ductor of the railroad car were such persons ; and if they d the act forbidden by the 19th rection, they ple for it as principals But it wes con- | ceded that in the eye of the law they did not commit it justly gto an old and well estely lished I vind and not the act which the Ke . Kor ily be s were constitutes the criminal, Neither was it pretended that the aot prohibited by the 1th section—that of convey ing letters in a vehicle regularly performing trips on a pos roid—was committed by the defendant. ‘The churye Foote a7) V8 oR BES: DoS? percon of having advised commit an offence not in fact committed by him, involves in my judgment, a degree of inconsistency wholly irreconcilable with that precision and certainty which the law demands in the administration of penal justice, and which are essential to the security of the citi zen, Besides, if the principles applied by the court in the ease of Fisher, had really been applicable to such a case, the defendant ‘onght to have been prosecuted, not under the 24th section, for procuring, advising and assisting, &c., but under the 19th section, for actually conveying the letters. Sy this means the inconsistency just mentioned at least, would have been avoided. It was further re marked by the learned Judge, appears by the port, that while it was true that penal statutes were to be construed strictly, they were ‘ not to be con strued so strictly as to defeat the obvious intention of the legislature, when that intention can be collected from the words used in the act.” This position, in its just sense is also incontrovertible; but in my opinion ‘it does not warrant the decision in support of which it was adduced The question was, whether a person who sends a packet of letters by # passenger in a railroad car over a post roud, without the kuowledge, and against the consent of the owners of the car and their agents, is within the words of the act, I think there are no words in the act descrip tive ofsuch person. No doubt the design of the act was to sccure tothe United States, so far as could bedone without improperly trenching upon the freedom of the citizen, the entire emoluments auising from the transpor tation of lettera on post js. But this design, however obvious, does not authorise the judicial branch of the go vernment to extend the act to descriptions of persons not embraced within itsterms, however strongly and mis- chievously their acts may tend to defeat its design. It often happens thet what the courts, in giving a construce tion to statutes, are bound by the ‘settied rules of inter pretation to consider the intention of the legislature, falls far short of the general policy and objects of the act Chis remark may be well illustrated hy reference to the 3d section of the amendatory post ottice actof 1827, by which it is made penal to "set up any feot or horse post, forthe conveyance of letters or packets upon any pest-road.” Now, it is very clear that the transportation of letters in railroad cara drawn by steem, ie in direct conflict with the design of this prohibition; and yet it seems to be agreed on ail hands that no penalty is incur. red under it by the conveyanco of letters in thia mede, be cause the act contains no words dounigtice of such ap offy For the same reason, the act of 1825 ought not, as I think, to have been construed to embrace the case of Fisher. If Covgress had really intended to prohibit the conveyance of letters by poxsengers, it would have been easy, by apt terms, directly aud plainly to declare such intent. ‘Phe practice of sending letiers by passangers in the public conveyances on post-ronds, has always and notorionsly prevailed, and must have Congress in 1826. Until recently, letters were thus only occ ge, not for but as a. mer While the pra r be supposed that Congress did just to ineertere with it another to it may reasonably not deem it hecessary 01 ‘Thegpractice has now, on some of the principle port-roads, become a regulor ey stematized business, carriedon for profit. But I cannot acquiesce in the argument that its extension hax altered its legal na ture or enlarged the jurisdiction of the courts If it hax become an evil requiring correction by the public authori of th ty, itis the provin e legislature to apply the remedy The District Attorney relies chiefly on the term “ pro: cure ;” and his argument is, that however it may be with the words “ advise and assist,” there is no absurdity in the charge against the defendant of having procured the car to carry letters—because by paying his passage, be acquired a right to a seat, ond then used this right tor the purpose ef carrying letters, Im my judgment this is an unwarrantable interpretation of the word procure, as used in the act. It can, in my opinion, no more be ap- plied to an inanimute thing, than the words advise or assist, With which itis associated. It dows not mean, to obtain or get possession of ; but to induce, by persuasion, bribery, or other means, acting on the will of an intelli gent being. It is admitted, that the offence described in he 19th section, can only be committed by the wilful ect of tome person ; 1 hold it to be clear that no penalty can be incurred under the 24th section, except by proc ssisting the commission of that offence . therefore, | shall consid i he jury upon this point in accordar request of the detendant’s counsel. Another, more important queetion bas been raised, viz. : the Constitution and far whether ‘era upon Congress the power to restrain a private citizen from carrying letters in compe tition with the mail of the United States. But upon this as well as upon the other points relied on by the defen: dant’s counsel, it is unnecessary to express any opinion, d I forbear therefore to n accordance with this epinion, the jury rendered a verdict in favor of the defendant. Most Suocntna Tracepy.—A tragical occur- rence took place last evening on the New Shell Road, of acharacter most extyaordinary in this communi ty. Aman had accompanied to the Lake two females one of whom resides in Love near Esp snade street. 1, returning, the driver beard the gentleman complain of illness, saying that it affected back war Accordingly he chan the females, both of whom till then had been on the back seat. Immediately thereafter the driver heard the report of a pistol, when one of the females jumped from the conch. ‘The other was shot ded threugh the br The horavs had taken fright at the report of the p the shrieks of the women and ran off As soon as the driver could check them he turned and saw the man inside with his pistol poiated to his mouth as it to blew h head off Seeing that he was observed, he turned the pistol upon the driver, who #t once sprung from the box ‘The murderer then leaped out himself and fled mto the woods The driver heard him twice discharge his pistol —one of Colts revelving but whether with a view to commit eu done so, we are ‘not who sprung from the carriage was severely bruised only; it was at first reported that she had broken a limb. The body of the deceased was at once taken to the watch house of the Second Municipality. » naiae of (he man who cominiited the atrocious act was Bond, or som thing like it. He is said to have been from Philadelphia or come Northern city, but more recently has been a epec ulator on the Levee.” What could have induced him to commit so cowardly and murderous a crime, we have vot yet been able to learn. Rumors are afloat of j« the like, but itis mere rumor, nothing definite being yet known. Since writing the above, welenrn thatthe name of the unforiunate girl was Ca'harine O° who lived with her mother at the corner of Magazine in the former street the murderer also lived. have beem marr @! to-day to young man, but so far on we can Journ Bond was desy Jy In love with her, « had on Kevernl occasions dishonorable p which she reje ring she we husbend, it may | © our Cont for the purpove of sewin NOON WAS it: duced by Mrs, L, to uecou Bond to the like Aa there was a wound on the m of the girl, it is evi dent that she endeavored to ww istol; but the ball entered her breast aad she a instantly The scene The unfortunate victim—who was expired almos at the watch-honre was m but st distressing t seventect * of age, pretty, and in full was laid out ino kdrees, while her 1 ax close at hand wife of Bond, who keeps a ver's shop at the corner ef Delord and Magazine ets as also im the room, ¥ deautiful woman, not more twenty-three yeors ‘« age, Mra, Lennen was not present, having been badly injured while leaping from the coach. She is much blnmed forthe part sue bos taken, althongh with whet justice time will unfold. Itis thought by some that Bo: hitled bimselt inthe swamp, while others suppose that he nly fired the pistol with the intention of deceiving the driver.—N. O. Pie. July 6. —The political excite- s very high in Louisville, Ky , botween par ‘The Courier says, the dous excitement of 1840 waa but a fieble fume c with the burning enthusiasm of both parties now the 4th, two politicians had a fight, when one w ogainst him wus that he procured and advised or avsistert another to commit it. But a charge against one bed #0 severe yi that he died on Friday, Two others wire stabbed on Friduy night, Heap Quaprers or THE Axwy, 2 Apsorant Gengrai’s OFFicr, Washington, July 8, 1844, Promotions and appointments in the army of the United States, made by the President; and by and with the advice and consent of the Senate, since the Ist of January, 1844. 1. Paomorions —Secand Regiment of /Artillery—Second Lieut. William A. Nichols, to be First Lieutenant, June 1, 1844, vice Pitkin, sesigned ; Brevet Secoud Lieutenent David Gibson, of the Third Artillery, to be Second Lieut. June 1, 1844, vice Nichols, promoted. Third Regim ; wirtillery—Brevet First Lieutenant George H. Thoma be First Lieutenant, April 30, 1844, vice Ketchum, resign- e 1 Lieut. Horace B. Field, to be First Licutenent . vice Fi eased; Brevet Second the 4th Artillery, to be pril 40, 1844, vice Thomas, promoted ; nant Churles L. Kilburn, to be See 27, 1844, vice Field, promoted. fanty—Second Lieutengut Gwrrett tenant, January 81, 164d, vice Coxe, Second Lieutenant George W. Walluce, to be March 1, 144, vieo Muse, rosigned ; les D. Jordan, of the @ih In- 1844, view Barry eLean, of the » 1844, view Wallace, fo ny Brevet ad 71h fntentry, to be Hofman, & iene . 1644, vice Lieut. 1 webrod R. Job on, t Livutenant, Kebrmary 29, 1644, Wi « + Brevet ad Lieut. a. Regiment Berry, to be Firet L wesigned First Lieut In, 1ndd, vie! bu moted w oJ Wiuamsom, of ibe 1b Infantry, to be Second Livutenant, Febrnary 29, 1844, vice Johnson, promoted. Sizth Regiment of Infantry.— 9d Lieut t# A Armistead, to be Livutewunt t tcond Li to bo § etead promoted $ s Lieut. Chori Hanson, to be March 16, 1844, vice Bue ker, cashiered ; e Lafayette MeLaws, of the 6th Iniantry, to be Second Lientepant, Merch 16, 1s Hanson, promoted. Brevets.—Lieut, Colonel Bennet Riley, of the 2d Regiment of Infantry, to be Co- lonel by Brevet, “for long, meritorious and gallant ser vices, te tuke rank as such from the 2d dey of June, 1840, the day om which was fought the battle of Chokachatta in Florida, in which be particularly distinguished himsel by his bravery and good conduct ; Captain Jobn J. Aber- crombie, of the Ist Regiment of Infantry, to be Mejor by Brevet, “for gallant and meritorious services in Florida, to rank ae such from the 201h December, 1897, the day on which was fought the buttle of the Okeschobee, on which 80, IP. kden, deceased ; Bre ker,of the $4 Infentr enth occasion he acted,” in the language of his Commander, Brevet Brigadier General Taylor, ‘ with the greatest galluntry alfff coolness,” Il. Arroinrmunts.— Medical Department, nt Surgeon Joseph J. B. Wright, to be Surgeon, March 26, 1844, vice Macomb, deceased; George Buist, of South Ca- rolina, (late Assistant Surgedn,) to be Assistant Surgeon, June 5, 1844 Ordnance Department —Richara J. R Bee, of Georgia, to be Military Storekeeper, April 4, 1844.— Tvansfers.—Captain Jobn Caney. of the ai Artillery, to the 3d Intan'ry, to toke place on the Army Register next below Captain Van Horne; Captain Henry Swertwout, »€ the 3d Iniantry, to the 2d Artillery, to take plece on the Army Register next below Captain Grayson; Second Lieutenant Cyrus Hall, of the 8th Infantry to the Ist_In- lantry, to take place onthe Army Register next below Lieutenant Denman; Second Lieutenant Charles D Jer- dan, of the lat Infantry, to the 8th Infantry, to teke place on the Army Register next below Lieutenant Clark. HI. The following named Cadets, groduates of the Mili- tary Academy, are attached to the Army as supernumer ary officers with the Brevet of Second Lieutensnt, in con- formity with the law and the direction of the President, to take rank from July 1, 1644: Baxver Sxconp LinuTRNANTs aTTAcnEn To THE Conre op ie TovocrarnicaL Exainrens, ‘ank. Comp'y. § Regm't. 1, Cadet Williom G. Peck, of Connections.” ies, Brever Sxconp LinuTaNants attachap 10 THE Dnacoon Anny. 2. Cadet Joseph H. Whittlesey of N York, D 2d Dray 7, Cadet Altred Pleasonton, of the Dis- 9. trict ul Columbia, Cadet Augustus Cook, of Kentucky, K 2d Dings. 10. Cadet John Y. Bicknell of Tennessee, 1 2d Drege Brevet Scop LicuteNants ATTACHKD TO THE ARTIL- ueny An. B det Dray 3. Cadet Samuel Gill, of Kentucky, Bath Art, 4. Cadet Deniel M. Frost, of New York, K Int Art. 5. Cadet Asher R Eddy, of Rhode Istand, —-K ist Art. 9 Catet Francis J. Thomas, of Maryland, — © Sd Art. 8 Cadet Thomas J. Curd, of Kentucky, | C Ist Art. Brrver Seconp Liguranants attacued To The InvaN- try ARM. 11. Cadet Simon B. Buckner, of Kentucky, _1 9d Inf, 12. Cadet John Trevitt. of Ohio, Had Inf 12. Cadet Erustus B Strong. of Arkansos, — B 7th Inf, 15 Cadet William VT’. Burwell, of Virginia, 6th Inf, 16. Cadet William Rew, of Delaware, D 6th Inf, 17. Cadet James 8. Woods, of Pennsylvania, A 4th Inf. 18. Cadet Winfield 8. Hancock, Pennsyl- vonia, K 6th Inf. 19. Cadet James M, Henry, of the District of Columbia, K 7th Ink 20. Codet Alexander Hays, of Pennsyl- vania, K 4th Inf. 21. Cadet. George {Wainwright, of] Masea- cbu setts, F oh Inf. 22. Cadet Henry B Schroader, of Marylond, b 84 Int, 23 Cadet Joseph Smith, of New Hampshire, G 5th Inf, 24. Cadet John J. © Bibb, of Kentucky, D sd inf. 25, Cadet “George W. Hawkins, of North Carolina, D Ist Inf. Tho foregoing assignments to Regiments and Companies will be regarded as a temporary arrangement, necessary tor the convenience of the service. Vacancies will be filled according to seniority in the particular4ym, in con- formity with the established rule. IV.—Casvavtirs —Resignations (6)—C er, 34 Infantry, February 20, 1844; Firet Lieut. James M. um, 3d Artillery, April 20, 1844; Firat Lieut. Sam'l, &. Muse, Ist Infantry, March 1, 1944; First Lieut. Ferdi- and Coxe, Ist Infentry, January 31, 1844; First Lieut, Lucius Pitkin, 24 Artillery, June 1, 1844; Brevet 2d Lieut. Stansbury, Ordnance Department, May 31, 1844.— Deaths (4)— First Lieut. William Frazer, 3d Art. at Lan- caster, Va,, June 27, 1844; First Lieut. B.C Eder, 6th Inf, at Key Wert, Fla., March 30, 1844; Second Lieut. A. T. Hoffman, 24 Inf at St. Augustine, Fle, June 26, 1844; Surgeon Edward Macomb, at Fort’ Monroe, Va, Merch 4, 1844. V —The officers promoted und appomted will ir proper stations and companies without dela pn detached service, or acting uns ions, will report by letter to the commanding officers of heir respective regiments. VI.—'The uaual leave of ab- bn ulations is hereby gagnted to the eu; at the expiration of which (September juin their proper stations and companies acceptanees of appointments be reporte! to the Adjutant General of the Army ; ind in case of acceptance, the birth-place of the persen appointed will be stated. Vill.—Conxnetion —Made by and with the advice and ronrent of the Senate —Captain Frederick Searle, of the Quartermaster’s Department, to be Major by brevet, " for gullantry and good conduct on severul eccarions in the gh le the Florida Indians, te date from November 4, 1819 9 The above is a substitute for the announcement made in * General Orders” No, 66 of 1842. Otis Wheel- 1 5 Fr specin! instruc: Arrex Onvyx.—1 So much of “General Orders” No. 45, of 1841, having reference to the detail of eubalterns or the four companies of Light Artillery, aa requires the st Lieutenants to be annually relieved, is hereby re vill, in future, be attached to those rus the firet lieutenants of Artillery companies. respective Colonels will accordingly select the it utenants who are to be permanently ‘assigned to he light companies, so that the arrangement may teke tffeet alter the 30th of September next 3.—The brevet 2d li ante now attached tothe light artillery companies will be transferred to other companies aiter the Ist of October, when they will be relieved by other brevet 2d lieutenants, so that the complement, in- “luding the graiuates of this year, will be two for each light company, KR. JONES, Adjutant General. e name of Anxoun E Jones, a First utenant in the 2d Regiment of Artillery, having been changed by the Legitlature of the State of Maryland to Anson Eizey, he will hereafier be known tand recog- nized in the army accordingly Mrwonanpum -- ‘Tux Froops axp tie Crors —The following is an extract of a letter from ao experienced planter near Nachor toa commercial house in this city. It is deted July 2d:—'The destruction of cotton by the flood in Ar. kansax, on Red River, and in Mississipph, wiil not be less than 890,000 bules— in a few daya it may reach 400,000, or perhaps 460,000. This is th: mneral belief.” eNTENCE oF ‘THe Treasury Not Forocers.— Judge McCaleb yesterday over-ruled a motion for on arrest of judgment in the case of Holliday and Watson, who huve been convicted of forging and uttering U. 8. ‘Treasury notes, and then proceeded to pass rentence on «ll the parties, ax follows: Breedlove and Watson, each to ten years’ imprisonment at hard labor in the Peniten- jury, and Holliday, on the first conviction, also to ten years’ hard labor in the Penitentiary, and on the second sviction, to five days’ imprisonment and to pay a fine of $26,000.—N. O. Tropic, July 6. A Tunittine Iycipent.—The Amherst Cabinet contains a Jetter dercribing the mejaneholy event lately 4 in th pow paper, of the blowing up of a by, Vi, cauning the death of tto nd adds of ruin ; “Mr. Smith was the fi he canght up the isfignired ox not te & his sense aacene of colamity he amd The tte wafferer looking said, “Lem your hours after tothe seen to, whoee features were bo gnized rec yet alive you? with tender emoti And the poor Ind died in a rrr cere boy, Pa!” HARPS—DOUBLE AND SINGLE ACTION, AT 385 BROADWAY. J, F: PROWNE beve to coll the sitertion of admirers of J. this delightfol inarnment, tthe large nnd sf gant ase rt: roent of Uerpe he has for sale at 38 Broadway ‘The righ bribe lirey of tone, lighters of toneh \ nef there Harps eannot be exeetl d nud Ne The roeted on the bert priaciy veal the moder t of London nat P as tirtean prices . nad 108 bear the test of © he, ‘ o (Maker from bend be Ne 305 Broadway, and 7:)4 Chambery suet N.Y J1) lw Lewy)? beta bliohed 1810,