The New York Herald Newspaper, October 13, 1844, Page 2

NEW YORK HERALD. New York, Sunday, October 13, 1844, ‘The Yew Klement im the Presidential Con- test—E ctraordinary Revival of the “ Na- Uve” Party, An extraordinary re-action has taken place with- in the lagfTen days in the “ native party” of this city. Their last meeting astounded every body. From a state of great and evident prostration, the “natives” have regained a strength closely ap- proaching to that which they exhibited at the spring election, How is this? What is the cause of this remarkable revival—this change from weakness and insipidity to strength and activity 7 These questions are very easily answered. The “ natives” hold precisely the same place in public estimation as they did three weeks ago. Their worthlessness, inefficiency, and unfaithful- ness to solemn promises are regarded just as they have ever been regarded by all honest men. But one of the two great political parties, contending for empire and the “spoils,” have discovered that the “ natives” can now be made useful; and, ac- cordingly they are introduced as a new element into the Presidential contest. We are quite satis- fied that the last meeting of the “ natives” was swelled to itg extraordinary extent, by the atten- dance of the whigs of the district in which it was held ~The whigs are already, it ia thus apparent, prepaiing to abandon their tickets, as they didjlast spring, and form a coalition with the “natives,” voting for their congressional and legislative candi- dates, and adopting all their principles about natu- ralization and foreigners, the Pope of Rome, and corduroy breeches, on condition that the *‘ na- tives” in return vote for Mr. Clay. This is the explanation of the recent ex'raordinary revival of “‘nativeism” in this city—a revival which pre- sents many very interesting subjects of reflection and remark. Oa looking over the reports of the speeches de- livered at the late meeting, we are struck by the remarkable temper and spirit which characterizes them In consequence of the want of proper ac- commodation and the tumultuous character of the assamblage, the reporters could not make a full report, but they have given us enough to enable us to form an accurate judgment of the violence, | intolerance, and fanaticiam of the orators. Ac- cording to the repert in one of the morning papers, one of the speakers, in alluding to the probability of a disturbance of the peace at the polla in the next election, declared with great vehemence of manner, that if native American shou'd receive a blow it would be the signal for the extermina- tion of every foreigner! And this abominable and detestable sentiment was re-echoed by the crowd with every possible demonstration of al- most frantic approbation. Then came the candi- date of the party for that district himself, who mcunted the stand and made a long epeech, in which he characterized Mr. Maclay as a “vil lain,” and used a number of similar elegant epi- thets. Indeed, it is hardly possible to convey any adequate idea of the extreme violence and intem- perance which characterized all the speeches deli- vered on this occasion. One of the most singular features in this new de- velopment, is the adoption of ‘ The Bible—the Bible,” as the rallying cry of the party. One hard- ly knows whether most to ridicule or pity a set of men, who, with hearts filled with all uncharitable- ness, rush forth breathing vengeance against all American citizens, born in other lands, and who have already placed their sacriligious hands on the | sacred ark of American liberty, yet shout out “the Bible—the Bible,” filiing, at the same time, the air with their blasphemies. Yet with all its violence, bigotry, folly, and blas- phemy, this great revival of ‘‘nativeism”—for great it certainly is—it will exerciee a most important in- fluence on the decision of the Presidential contest. If the union between the whigs and the ‘‘na- tives,” in this city be consummated, as it doubt- less ‘will, the alliance’will have a majority of nine thousand in the city, and the effect on the State may be equally decisive. We conceive, therefore, that is the most important movement of the day in reference to the Presidential contest. The chances are that it will be carried through com- plete. We will watch attentively the progress of this singular development from day to day up to the election. If it be conducted successfully to the end in this city, itis all but certain that Mr. , Clay will be next President of the United States. ‘Tue Episcorat Convention—Tue TROUBLES OF a Bisnorric.—We give in this day’s paper a con- tinuation of the curious proceedings in the Episco- pal Convention at Philadelphia. Dr. Hawks, it will be seen,‘is now the subject oftrial. But the charges against him are of a different character from those brought up against the “ brandy and water bishop.” The doctor has long been known as an able and eloquent divine, and an ornament of the church. At Flushing his speculations were rather unfortunate, owing to circumstances over which he had no control. But his character al- ways stood high. It is certainly amusing enough to see the man- ner in which the bishops of this church are now hauled over the coals. ‘Uneasy lies the head that wears a mitre,” would now seem to be the correct reading of the text. We certainly cannot imagine that all this arraigning, examining, trying, and hard, handling of the poor bishops can help the church. In most inatances we fear that rival- ry, jralousy and bad motives, are at the bottom of these unpleasant wranglings and trials. Tue Expresses wiru Poriticat, News During the last few days we have seen how little depen- dence is to be placed on the political intelligence | purporting to be brought by expresses. Those things are generally filled with the mere assertions of gamblers who have bets pending and in order to induce weak people to offer wagers. All sorts of forgeries have been perpetrated in this way, and we perceive that one of the Philadelphia papers off-rs a reward for the arrest of forgers issuing ex- | tras in itsname. There is mo dependence to be placed on any intelligence except that brought by the regular mail. Sivourak Eerece of Dirtomacy in Pourricar Movements —The coalition of the natives and the whigs in Philadelphia eity and county, has had a eiogular effect on the election in that State. But for that carious union Shuak would have had twelve or fourteen thousaad majority. The local revolution in the ely bas influenced the State to he extent of more than ten thousand votes and nearly defeated the democratic candidate. “What great events from little causes rise!” Bon Mor on tHe Jexsey Evection.-The demo- orats of Tammany Hall are now cursing and swearing at the interterence of Captain Stockton in the Jersey election, and deelare that it has re- wulted in the’explosion of a second “ peace-maker.” They affirm that but for him they would have had a large majority in the State—but have been de- featedj by Tompson, in consequence of his unpo- pularity and connection with the cod-fish aristo- cracy of Jersey. There’e a good deal of truth in this. Tue Breve iw tee Evection.~The new party are going to rally wader the Bible in the next elec- tion. We will see what effect it will have on their morals. Heretofore tie old parties have fough' under the back of the devil, instend of the book oi God. If the “natives” only allow the Bible to guiderthem it yaill be of some ndvautage to society. We willsee, ” Cassius M. Cray will be in thie clty on the 280 instant, aad make @ great speech. He will be quiv a feature here. By the last accounts he was iv Connecticut. It seems that he has abandoned th: -ontroversy with Garrit Smith, or is afraid to meet him. Agricultural Gonvention—American Anstitate. E This body re-aesembled on Saturday morning at 10 o'clock, and proceeded to business, after the minutes of the previous day had been read. Mr. Waxesan arose to bring before their no- tice a series ot resolutions, which were connected with the protection of American production. He proceeded to argue that preventive duties were necessary to guard egainst the prejudicial influence of foreiga competition, The resolutions were lengthy, but their general teuor was expressive of the desirableness and wisdom of the protective policy. Oa the resolution being put they were carried unanimously. The Paesipent said that he wes in possession of anum- ber of thut were furnished to him by parties the least o zant of their truth, anda which fully eubstan- tiated the views he had expressed in relation to the agri- cultural interest of the United States. The paramount importance of a home market could not be too much dwelt upon, aod ite practicability could not be doubted by any whe viewed iu a proper tight such facts ax he pro- te. He was informed that the Middle- chusetts, consumed no less thad 1,200 fiveces of wool per day, and thut the aggregate annual value of the supply required for that estabdlishmen, amounted .o halt a millon of dollarsy ihat went to show the possibility of finding a market at home. As to the prejudicial influence on the true interests of the country of f reign competition, it could no: be better proved than by the fact thut, previous to the adoption of the protective tariff of 1840, i was common for the distil- Je:s of this country to supply themselves by foreign con- tracts with barley ut 55 cents a bushel al @ time when its price here was over eight shillings Io regard ‘0 prices, th: her seid that it was highly imporiant for them to cbiain new modes of consumption for the agricultural pro duois by their application to new fabrica. The Presi dent, afer making an aliusion to the caltivation of bemp. pro'uced a sprcimen of the famous New Zealand grass whose excelent quali'ies were long known and admired in the fishing Ames of the n tives of chose Islands. He | bad the pleasure of informing them that frieod ot his in | New Bedford baa ordered two barrels of the seed of that plant and promised him ons, for distribution in the Amert- ean Jnuticate and he had strong hopes of yet seeing it uur- ish on the banks of the Ohio and Mississippi: Mr. Mesos introduced the report of the committee ap- pointed to draft an address to the peopie of the United Siates. and read that document, which formed the chief art of the committees report It recommended the eatab- ishment of Farmers’ Clubs,whose ¢ ffurta should be direct- ed to obtain, thi their representation in Congress, the formation of a * Hom Deparment of Agriculture” in the government, and the introduction of agricultural schools, and such measures generally as would carry out the new and enlightened aystem of agricn! . On the motion being put, a member agricultu hefelt particular pleasure i motion, Government had been toe rem the tarmers interests. It was only lately thrown its ligat on agriculture, and the Federal Govern ) ment being rich, had the means of aiding riculture, and he thonght it cam+ now seasonably to demand the estab- lishment of the new ds par meat asked for, and he thought | they should urge upon their representation to Congress | thar it should take immediate action on the case. Mr. Mesos thought that the American Institute was a | good working boty, and that it wonld be more suitable than the sub committee recommended in the repost tor the | carrying out the measure | Some other members spoke a few words, when Mr Bakaen observed that us almost every motion was made a question of party, he thonght it would be prudent to mike every effort withio their power to guard against | the action of Congress assuming any thing of a party color, wnd asked if that was the tine to moot thefconsideration, The Passipant said that any remarks members might chose to make would be acceptable, but he syprehended that a government whose operations were carried on through and re ted on party, would find it difficult to re- main unsff-cted by its. vibrations ‘A good deal of consideration having been given tothe } question of the refereace ot the report to either asub- | committee or the American Institute, on the motion of | Mr Knapp it was referred to the Agricnitural Committee of the American Inatitute. i? Me Kyarr, alluding to the resolution of the ‘previous | day, us to the publication of the Convention’s proceed- ings, moved that parties be invited to subscribe to a fund for difraying the expenses Agreed to. Mr Van Eps expressed his admiration of the President's address yesterday, and he wished to see it in the hands of every child During the last yearhe had visited eight | hundred schools, and perceived a lamentable deficiency | in their knowledge of the principles of government and pe aleconemy. Hethought education should be of a ind corresponding with the institutions of the country. In New York they had sixteen thousand young men, who, perhaps, had never read the constitution of the United States, although they came forward to exerciee | thefranchise. He trusted that that Institute would take | some step in the matter, and that the time was coming when the peaple would know and think for themselves, and not be led by designing men, who flattered them, led them, and c. alled them sovereign, but spoke of them be- | hind the scenes as rabble. | The Convention shortly after adjourned. | In the evening a display of fireworks at the Fair #round went off with accl.mation, and in the course of the day the performance of a band added the delight of music to those othe largely enjoyed by the spectators of the extubition. | THe New Yorx Gattery or Fine Arts —We hail with joy this commencement of @ national gallery of paintings, and it is with pride we see a cultivation of a taste for an art which has always ranked supreme in every civilized country. The time will soon come when our home genius will | need no “ halls afar” to display his efforts, or no | English patron to cultivate his latent talent. This collection (thanks to its worthy, but alas! late |,owner, Mr. Reed,) 18 the result of a fostering cate, | of a deep love of the arts, in the elevation of ge- | nius; and many a leading artist of the present day | can trace his rise on the walls of this gallery. | Amongst the number, we observe Mr. Reea’s | discrimination in the sweet picture of Mr. Flege’s “« Match Girl.” The chief attraction here is Cole’s celebrated‘*Voy- age of Life,” attempting a critique of which would seem idle in us, so many having been already made; | and indeed, the present paintings have been so often | before the eyes of the public, that for the same | reason we would not particularize any single paint- | ing. We perceive Mount’s correctness of drawing | unhappily connected with a hardness of outline; Inghem’s ex'raordinary finish, and we would add, | almost life-like detail, his exquisite touch, in con- | junction with that waxy appearance in the flesh so | peculiarto him. There are one or two small land- | scapes by Cole, which are, of course, exquisite. Altogether, the collection is good, and we antici- pate the most benehcial results from it. Tempest 1n 4 Trapot.—The greatest possible commotion and excitement prevailed on Friday evening in and around Tammany Hall, in conse- | quence of the nomination of a highly respectable | and wealthy young gentleman named Gardiner, as one of the thirteen members of Assembly. It seems that Mr. Gardiner is wholly unknown in the | democratic party, and received his nomination mainly because he happens to be the brother. | law of President Tyler, or, as some of the noisy | politicians will have it, the brother-in-law of the Custom House. Everybody seemed to be loud in | the expression of disapprobation, and there will | probably be difficulty at the County meeting on ac- count of this nomination, and another made at the | same time. | Taxtve tur Ver.—We perceive that Miss Vir- | ginta Scott, the eldest and most beautiful daughter | of General Scott, has taken the veil in Washington and entered uw convent. A few years ago this young lady went travelling in Europe, and was es- teemed as the most lovely and accomplished ludy that ever |efi these shores. She visited France, | Germany and lraly, and in those countries the im- posing ceremonials of the Romish ritual so dee) ly affecied ker mind that she became a Catholic What a strange and mysterious impulse it must be which induces one so young—so fair—so gifted— and so elevated in society to bury herselt in the eternal gloom of a nunnery! Mituxriem.—This piece of fanaticiem is break- ing out afresh in ll parts of the country. From Baltimore, Philadelphia, Boston, and many of the small towns in the interior, we are receiving ac- counts of the most ridiculous and lamentable ex- travagance committed by these weak enthusiasts. It is fortunate, however, that the 23d inst. will bring them all up standing, for that isthe last day by their reckoning. Aonicuutusat Fains.—The Annual Fair and Cattle show, of the Queens’ county Agricultural Soeiety, was held on Wednesday at Jamaica. A very able arid learned address was delivered before thd Society, at 12 o’clock,- inthe Presbyterian churek, by he Hon. Gabriel Furman, On Wedaesdaynext the fair of the Suffolk Conn- ty Agricultural ‘Society will be’ b¥ld at Comac — The anniversary a Ul be dehvered by J. Lawrence Smith, Eeq Botts anp Jonzs-— culigion'on the Sth ingt , st Henrico County, C H, between Mr. Botts, and Mr. Jones, late Sp aker oi the House of Representatives, a quarrel ensued, and # segular fight took piace between them. Mr. Botts ap pears to act most insanely. Flour BeTWeEN Mass: nsyivania Election. = - Whig majority,... ... Countie Forty-seven, Whig loss since 1840, . 1,636 There are eleven counties to hear trom, all oi which were democratic in 1840. They will proba- bly give 2,000, or thereabouts, for Shunk. This will make his majority a little over 1,000. It is not likely to be far from that, either way. Ohio Klectto: Gov. 1844, Pres, 1840. Pais hd Wh. Dem. “Wh. Dem. 2 - 269 - Ft = 24 = 4 - m1 = (1280 45, — low - eT - 630 - _ 5 199 - 292 — 112 - + 1,192 — 14% - 42 - 116 - Ph: %* -— "= 6 - 400 - 313 Ptiies Were Jefferson, = pl Fairfield, = Wt = oS Columbians, - ‘2 = “b 5,191 3,285 9,335 1,988 3205 1,938 Whig majority,........ + 1,906 7,397 New Counrervait —E. Charles & Son of the New York Bank Note List, have handed us a de- scription of a new and dangerous iseue of counter- feits which have just made their appearance in this city, viz. la lacework ground, in the centre of the bills. On left side ale portrait, Right side figures 1,2 &>. over a fe- le figure holding @ shield. The genuine notes were engraved by Rawdon, Wright & Hatch. Tue Great Foor Hace over THE Beacon Course, TO-monRow.—This interesting match, that for some time past has excited considerable atten- tion, to contest which some of the best pedestrians of the old country have travelled some thousands of miles across the Atlantic, to compete with the best pedestrians of the United States, will be de- cided to-morrow. Every preparation is being made to have the affair go off as it should do. There will be several persons on horseback to keep the course clear. There are 300 men engaged to pre- vent if porsible the intrusion of improper charactere; 200 feet of additional stand room has been erected, making upwards of 800 feet altogether, so that all may view it with ease, at the expense of 25 cents to $1k. It is expected that about thirteen will start for the race—eight Americans; two natives of Ireland; three from England. The betting is 5 to 4 on the field against any one ; Stannard against any one, even; 4 to 6 offered on Gilders and Price, 4 to7 taken; two to one against any others. Even betting that 10 miles are not done within the hour—3 to 1 against 103 miles being done. ‘The following are the terms of the race :— ‘A purse of $600 to the person who will run the greatest distance within one hour—$260 (o the second in the race —$100 to the third best in the race, and $50 to the fourth ; if, however, the first in the race does not perform ten miles within the hour $300 only will be given; and if the second, third, and fourth do not perform 9} miles within the hour,,they:will receive but half the above sum, and nothing if nine miles are not performed. Personal Movements, Mrs. Hamilton, relict of General Alexander Hamilton, one of thej most distinguished men of our country, is now sojourning in Philadelphia, A seat has been assigned to her in the Convention of the Episcopal Church now assembled in that city, and she has been a regular attendant daily. Although nearly 90 years of age she is lively and cheerful and relates anec™ dotes of revolutionary times with all the fervor and, ima gination of youh, Miss Mary Wickliffe, the beautiful daughter of the Post Master General, is to be married on the 16ta inst , to aeon of Mr Merrick, the Whig Senator from Maryland. Hon. Franklin Pierce and Levi Woodbury, are making 8 political pilgrimags through New Hampshire Dr. Darlington, of Westchester, will deliver the annul address before the Philadelphia Society for the{Promotion of Agriculture, on the 16th inst. Gen. Jacob G. Davies has been nominated by the De mocracy of Baltimore for the office of mayor, and the Whig convention have nominated J. O. Law, Esq., the present incumbent, for that office. Theatricals, dc. Mr. J. M. Scott isdrawing good houses in Cincinnati. Mr Noah is giving cuncerts at Detroit. Mr.A.A. Addams made hia appearance at the Pittsburgh Theatre on Wednesday evening last, in the character of Hamlet. George Barrett, just returned from a successful trip to this city, Conner, who is re-engaged, Silsbes, the Yankee, and Burton, the manager, play in a popular comedy at the Arch street theatre, Philadelphia, and draw crowded houses. Mr. Walcot took his farewell benefit at the Albany Mu- seum on Friday evening. He is about to join Mr. Mitch ell’s company, in this cit; Mr. J.B. Gough, the Temperance Lecturer, is at Po:t. land, Me. The Hutchinson family are giving Concerts at New- bnry port. Green, the reformed gambler, lectures in Boston each night to an audience of 1600 persons. “Yankee Hill,” as heis familiarly called, had a fashion" able audienceon Thursday evening in the lecture room of the Chinese Museum Pailadeiphia. ‘The Orphean family are drawing pretty well at Buffalo. Mr. Le Roy Sunderland is lecturing to the Bostonians upon Pathetism, or his theory of explaining the phenom, ena of mesmeriam. © Me. Henry Patiira.—The Philaderphia papers state, that the concert of this gentleman on Thursday evening ‘was quite a treat. Mr. Phillips is a singer of great powers, and his manner is peculiarly pleasing. He hus a way altogether his own of introducing a song, generally doing it by narrating some anecdote in point. Altogether he is one of the best performers we have seen in our city fora long time. Mr. Anderson is now in this city, and is expected again to appear at the Park in the early part of next mon! Mr. Macready, Ryder, Wheatley, and Charlotte Cush- mau are still at the Melodeon, in Boston. Mr. M. sails for England on the 16:h, Mr. R. soon after, and Miss . some time later. The latter is to take a farewell benefit here, before she leaves the country. It ia seid thot the celebrated Taglioni is about making usa visit. Itis currently reported that Edwin Forrest proposes paying a visit to Europe. Sporting Intelligence. Wasninoton Racks.—This sport commenced on Wednesday last ; they were well attended, and the amusement pretty good. The following is « summary :— Finst Day—Finst Race.—A sweepstakes for three year olds—subscription $400, forteit $100. Two mile he! The entries for thie race were, Major Thomas Doswell’s br. filly, by Priam; H. Pendleton's ch. fluy Myra Guins, by Critic; and P. R Johnson's br colt, by Cetua. ‘i hae first named paid forfeit, leaving the field to the last orse, s , SAME Day.—Sweepstakes for three year vores ion $100, hall forfeit, Mile heats, rT. Dosweli’s br. flily, hy Pomonkey...1 Willismson’s ch colt, b; Mile heats. P. R. Johnson’s (W. Fields) b. g. Old Kentuck, by Nog ory 4 years old + ‘A. M. Payne’ (J. M. P..N Polk, by Comet, 6 years oli..... William Holmstead’s ch. colt, by Emancipatic Hyeara Olds ove e vee cece ecrsesrecseersees G0rWwD James B. Kendali’sch. f., by Drone, 4 yearsold, 1 93 2 Time of third race—ist heat, 1 454 ; ui heat, 1 664; 34 heat, 1 50; 4th heat, 1 55}. Srconn Day.—First Raco—Mile hea:s—Purse $100. James B, Pa be. f., by Priam. ....seeeeee b Tabam Packett’s bm Ana Howard, by Priam... 92 4 Purse $200 —James pee, ss UD Time—Ist heat, 151 ; 2d heat Mile Seconp Race —Tw Wiliainson’s ch, fi P, i. Johnson's Solontl, by Prinm, 1 9 9 Col. F Thompson Harris. by Priam, = 2 dist heat 8 67; 2d heat 3 53, ad heat 4 0, y —Citizen’s Prate, $200—Two Mile heats, Col F Thompson’s Pryo wes ove ee O. P. Hare's b JB Kend T R 8 Boyce’ Alamode, P R Johnson's s £ Myra G Jame Wriliamson' b f, May ble Time : Jet heat 8 60; 2d heat Cireult C B fore Judgo Kent Ocr. 19.—Arguments were superior Court. Before Judge Oakley. 12 -Wm. J. Wood, ws The Lockport and Niagara RotteS Go Action upon bonds, It sppeare thet in 1942 the plaintiff Jouned the above Company a large sum of money, tuking their notes. which latter the deiendants subsequently took up, passing twenty two bonds of $1,000 euch, upon which papers this action ia brought to reco- Yer. Defence set Up was usury, the Compauy contend- ing that 14 per cent per moath was charged upon the noes, and that the uaaey” ep atie® to the bonds equally with the notes, the former jatter being merely an ex change of securities, Verdict for plaintufy, to tull amount of claim, with $1,321 22 damages, and 6cents costs ©. ‘W. Noyes for plaintift—Foote and Codwise for defendant, Common Pleas, Before a full Bench. Oct. 13 —The followiag decisions were delivered,when the court proceeded to hear arguments Mr R—— ads. Wiliam Mitchell, Public Administrator. —This is asuit by the Public Admnstracor. It war brought by a former Public Administrator, and is contin. ued by his successor in office. Tue former enters upon the record asnggestion of the appointment of theflatter, which is demurred by defendant for insuificiency. De- murrer overruled, George Mc Cortney ve —— Stratton-—This suit was origiuully brought by a contractor against the owner ot buildings upon which he was at work, to recover the amount of contract, the defendant having entered upon the premises and refused to ailow plainuff to compiete the work, alleging he had departed from the contract, and injured the defenuant by using inferior materia's in the work. Thecase having been submitted to referees, the latter reported in favor of defendant. Plaintiff then mov- ed to set aside report of referees, and the court d cided that the law allowed a buider to recover for work done, which bas bee: accepted by the owner But there is to be deducted an ample allowance for all such damages as the defendant has sustained by the departure from the contract. The defendant contended that he did not aban- don his contract, but was geil ep and is conse- quently entitled to recover the whole contract price.— But the referees did not appear to have considered that the proof adduced established this position. The court thinks that an owner is justified in refusing a bu: to complete his work in @ manner subscantially different from the contract, either in the quality of the materials or workmanship’ This power he can exercise at any atage of the transaction, but does it at his own risk, and unless he can prove the fact of substantial breach of con- trec cannot justifiably interfere to prevent the com- pletion of the work. Ev reach of a special agree ment by one party does not authorize either to treat it as rescinded, but some breaches do, olthough the precise rule on this subject ls unsettled, the owner is not bound to stanc by silently arid have a building erected, for which he will be bound to pay it it is being constructed in substance in different from the contract. The Court further decides, that in this view of the case, the evidence nts the nestion, whether the defendant justifiably interfered. From my view of the testimony, two refsrees properly concluded that the defendant wos not bound to allow the laintiff to proceed with the building, the way in whieh Re had procueded. ‘The rule should apply to both parties to the contract ; and if thu coutract is fn sunstance violw- ted by the owner, the builder may consider it rescinded, and sue for damagva equivalent to the contract price The plaintiff complains that the referees should have al- lowed the contract price for the work aa far as comple- ted ; but we are of opinion with referees, that in cases like the present, the value of the working materials only should be allowed, because when the builder disregards the contract on his part in its execution, the owner may refuse to pay the contract price order. ‘The report of referees confirmed with costs ; on Aigenig for plaintiff; McKeen and Pinckney for de fendan’ The Same vs. The Same —This was an appeal from an order ot Chambers, made in another suit growing out of the same transaction. Decision —Order appeal from order must be so modi- fied, as to stay proceedings until the judgment is se: aside, or the motion to set aside the report of referees is determined. No costs of appeal. Tn the case of Andrew McGown vs. John Stephenson and others.—TI Jury gave a sealed verdict in favor of the de- fendants, egainst defendants Stephenson, Eagleston, and Battell, for $49. The Court adjourned for the term.) General Sessions. Before Recorder Tallmadge, and Aldermen Jabez Wil- livms and Jackson. M C. Parerson, Erq , District Attorney. Oct 12—Pleaof Guilt y—Gilbert Dugan, butcher, en tered a plea of guilty of assauit and battery on an indict- ment for an assault and battery, with an attempt to com- mit a rape on Margaretta M Lynch, in company with James Reynolds and two others, on’ the 9th of May, in Washington rquare. A witness was examined who gave the girl a very badcharacter, and the Court ordered him to be fined $10. Forfeited Bail.—The bail of Francis Prusome, for keep- ing a disorderly house at 100 Grand street, eutered by James Creighton, was declared forfeited, as the accused did not apper Stealing Eels.—William Kinney, fish huckster, was tried for stealing 1600 pounds of live eels from Joseph Bishop, of Monmouth county, N. J. Theeels were ta- keninacarfrem the tow of a schooner opposite Red Fort in this city, and two of the witnesses for the prose. cution, testified tha: accused wes seen in the act of re moving the eel from the car, ‘The defence conducted by Wm Swaven, Eq, calle: Stephen C. Duryea, Mr. Minimee, and other witnesses, to show that the sccused was at another part of the city on the night the offence was committed, and also that his general character was good. Mr. Shaler summed up the crse in an able manner, and the District Attorney closed for prosecution. After an absence of about two hours and a half, the jury being unableto agree, were discharged. Acquitted —Mr. Geo. ‘Bowlin was tried and acquitte? upon an indictment for grand larceny, for an alleged taking away ot certain merchandise, the property of Godfrey 8. Wheeler. Wheeler & Dowling had 3 into acopartnertship in May, 1843, for ten Wheeler advanced the money, some $300, to carry on th: business with Wheeler and Dowling quarrefed abou: the afiir, and Wheeler confeased a judgment on a pri- vate deht, for which the Sheriff too! goods on execu being a co-partner, ot course, would not deliver ‘opened another store, and commenced « ainet Wheeler. Under the case no larceny could be made out, and the defendant was acquitted.— The Court expressing their amozement that agrand Jury should have found a bill. Mayor Morris ably defended Dowling. Wheeler, the first witness, broke down. in evidence. Two of the other witnesses named Clamp robbed Dowling, who has them charged ona larceny 8! the Police Office. The Recorder passed a high eulogy on Dowling. and gave bim a very complimentary certifi cate of acquittal at the end of the trial, acknowledging the unblemished reputation of Dowling, and the high au thority therefor of a distinguished British Nobleman Lord Morpeth. Court Calendar—Monday. Circuit Court—80, 91, 92,93, 95, 93, 99, 100, 102, 16, 23,73. 90 % Scvrenron Covat—6l, 60, 8, 84, 85, 88, 89, 90, 9,93, 4 95, 93, 99, 100, 149, Literature, &c. A Watx asour Vick«nure anp Orner Poems —H. G. Langiey, New York,—A rather common place attempt at wit and satire, and only interesting to those who are acquainted with the parties men. tioned or alluded to, and not very complimentary to the residents of Vicksburg. Rooxwoon—By W. Harrison Ainsworth—Burgess and Stringer, New York —This is a cheap work ar regards coat, 25 cents, but the beneficial tendency of this and such like work, of the Jack Shephard class, on the community, particularly the more youthful portion, 1s verv doubttul, indeed. fo Cuvren wirnour a Bisnor—Harper Bro- thers, New York —This is the title of a somewhat voluminous pamphlet, containing the whole ot the controversy between the Rev. Drs. Potts and Wair- wright, with a preface by the latter—all for 25 cents Dounraan’s Intustratep Eprtion or tHe Dovay anp Raewisn Bis.e—Dunigan, New York.—A beautiful and well got up work, remarkably cheap, and of a very convenient size, 48 pages, royal Svo for 124 cents. The whole to be completed in 24 numbers. Hewrt’s Iuuustratep Snaxspsare, No. 28.— Hewit, New York —As beautiful as ever. Rover—Dean, New York—This weekly appears to improve of late—we are glad of it. Tuk Wanperina Jew—No. 4—Harper Brothers, New York. Sncreases in interest as it proceeds. Lrrre Living A@r—No. 22, for October: Burgess & Suringer, New York. An interesting number Tue Quaker Crry; or, THe Monxs or Monk: Haut; Burgers & Stringer, New York. Thisis « romance of Philadelphia life, mystery and erme, said to be founded on facts that have occurrec since 1842 The secret life of the Quaker city is laid bare to the publiceye by these disclosures — The work promises to be one of some interest,but there is scarce au opportunity of judging fairly from the firet 48 pages, Perer Povey, anp ormer Oppities: by Jos C. Nea!—Burgess and Stringer, New York —A somewhat interesting work, illustrative of Ameri ean life, with several illustrati Music.—“ Silence, Silence & pretty seren- ade, for one, two, or four voices. The dedica- tion, “To the ladies of Brooklyn M_ Society,” wil bea sufficient guarantee of its quality Muy be “* Widow Machree ;” fichael’s best songa—those who have im sing it, it is certain will not be with- fit igonly for the sake of the words ee. be had at Millet’s Music Saloon, Broadway “Hurrah for Henry Clay,” a new whig sone, by George W. Dixon, poet laureate of the whig party. May be had al Attwill’s, Broadway. Mormon Arrains.—The St. Louis Re; of October 2, brings a report that Sharp, the editor of the Warsaw Signal, and Col. Williams, were prison nds of Gov. Ford, Whether they had given up or had been seized at Warsaw, was not known. One of the Springfield cadets, named Norris was instantly killed, while the guard at the camp of the Governor was being relieved, on the night of the 28:h he was shot in consequence of a false alarm purposely given to try the men. F rd’a troops were scatterec about in the neighborhood of Warsaw. Many ofthe per. yons who were apprebensive of arrest, had crorsed the river to Churchy: It was said that seventy writs hao heen itsned against individuals, The Boreas arrived yesterday afternoon from the up: ver Mississippi. At the time ahe parsed Warsaw, all wor quiet, and nobody seemed to know any thirg about Go: vernor Ferd’s§ movements or intentions, Our informants were told at Quincy, that Sharp, the editor of the Signal, and Col. Williams, were prisoners, in the hands of the Governor ; whether they had given thomselves up, or had been taken in Warsaw we conlé not with 'y learn.— 81. Lows Rep. Oot. 9 had of Dubois, Broadway. one of M*‘ ever heard out a copy, blican, Washington. (Correspondence of the Herald.) Wasuinerton, Oct. 11, 1844. Faresp Bennett: ‘s Methinks you have entirely lost sight of the good folks of the metropolis, or vice versa, they have lost sight of you in their anxiety for the result of the Pennsylvania elections. This morning on the news, by telegraph, of Markle’s majority 14,000, every thing looked blank and gloomy in the vicini- ty of the Globe ; no relief for type setting, not even a passing breeze to reveal the names of * Polk and Dallas,” whose flag was enveloped in the gorgeous folds of a star spangled banner, suspended from Blair & Co.’s hickory pole. Vespasian Ellis has received the appointment of Charge d’Affaires to the Republic of Venezuela—a hard working, little Tyler man, some 5 feet 5— and plaguily constant in his attendance on the Prerident. ‘4 : Jemmy Maher, the botanist, has advertised his property, the ‘* Globe,” opposite Blair & Rives’ Globe, for aale ; he intends retiring to his country residence, conisining 27 “ ovas good acres as ever spade went into.” o The repealers intend holding a meeting to-mor- row evening, to collect “‘funds;” they can spare something, their remittances having been few and tar between. Their President, a lawyer Hoban, one of the many delegates convened in your ont some months back, to arrange measures for the ad- vaucement of the canse of Ireland in this coustry, which dwindled into an address, is rather luke warn, but owing to his custom entirely depend: ing on the Irish, he is obliged to be a sort of one Mr. Proffitt, the ex-Minister to Brazil, has let for [ndiana. : : The news ot Shunk’s 4,000 majority, has just ar- rived, and will no doubt shed a glowof joy o’er the loco’s chop fallen phizzes. “ “Whorra! that { mayn’t sin, an we havn't it all to ourselves.” . Yours, Barney. PS. Plaze the pigs, I’ll give ye’s an account of the repale. ‘ Buffalo. spondence of the Herald.) us Bervato, Oct. 7th, 1844. Great Mass Meetings of the Whigs—Emblems— Badges— Banners — Enthusiasm — Dodge and Covert’s Concert, &c. Frrenp Benner :— Ttis reported that the whig rally at Rochester the other day 18 unprecedented since the famous day: of the crusades, and language is entirely inade quate to describe it. Since then we have had our gathering, and I will venture to give you “an ink. ling” of it, as it comes within the province of lan- guage and the power ef description. It being pre- viously announced that the whigs would hold mass meeting in ovr city on the 5th of Octeber, such preparations were made as were deemed necessary for entertaining a ‘‘ multitudinous host.” The morning of the 5th dawned upon us through a cloudy horizon, and betokening an approaching storm. The rain of the preceding day had ren- dered the roads fexceedingly muddy, and every object seemed to have borrowed the sombre huet ot the clouds, and appeared in the most dismal dress. Betore noon, however, the clouds were dissipated, and the sun again looked out from hit fiery pavilion and clothed every thing in the golden Runlight of his beauty. The delegations from the several towns began to assemble at eleven, wit! the various insignia of their groups, such as pole: with living coons upon them, banners with various devices and inscriptions, wagons decorated with fintastic taste and filled with ‘fair ladyes.” A little after twelve the procession began to move through Main street, amid the soul-stirring and en- livening music, and the shouts and hosannas ct the populace. Every house seemed embossed with people ; and from the balconies and windows, the roofs and chimneys, were hung a rich display o! banners. The streets seemed like a.sea of anima- ted nature. The people from Rochester, Lock- port, and the adjoining counties, came in’ to hear and witness the movements of the day. The most interesting object, and one which seemed to attract universal attention, was a large ball, about thirty feet in diameter, which was co- vered with mottoes, and got up by the citizens for this occasion. It was drawn before the procession and, leviathan-like,it seemed to herald the approach: and pioneer the way ot a mighty and invincible vhalanx—a legion of freemen armed with bullote and prepared tor the work of regeneration in the political world. The wagons and et ceteras were made to form & large circle, and within this pale the assemblec mullitade were addressed by Mr. Foster, of Madi sen Co., Dawson, of Rochester, and Fowler, from “Down East.” At the couclurion of each speech the “Green Mountain Minstrels,” would deligh: the people with some of their inimitable wuy songs The speakers were listened to with unwea- ried attention for nearly six hours, and now ang then they would send up a shout of applauce whict seemed to shake the firmanent, as the sound war reverberated by the vaulted canopy abdve. Such enthnsiasm,as pervaded the mass, I have not witnessed since the polidical campaign of 740 The thousands which were present seemed “to live, move and have their being” in one common cause, their country’s weal. Setting aside all partisan feeling and prejudice, it is an ennobling sight to see congregated toge- ther men of every condition in life, of various avo- cations and still more various opinions and creed: in the moral, religious and social world, tmpellec by one common object, and conecious of right coming forward to place their gift upon the altar of their country, and join in the general jubilee of joy over the triumph of their political pence A whig concert took place at the log cabin in the evening, and the house was crowded to over- flowing. Each piece was well executed and rap. turously applauded, and every person experienced during the ay and evening ‘‘a feast of reason and a flow of soul.” Yours, E. —_— Fert Mountains, Va. (Correspondence of the Herald.] Fort Mountains, Warren Co., Va, Sept. 30, 1844 Account of Fort Mowntains—Mineral—Sulphor Springs— President Tyler, &c. §c, Eprror Bennetr:— These mountains are'in the midst of the great valley of Virginia, 20 miles from Winchester, from which there is a railroad to Baltimore. They are {ec called the Fort Mountains, from their peculiar con- formation, They abound in the best iron ore, and by recent explorations, copper and manganese have been discovered, the latter in great quantities. The little valley, between two of the parallel ridges» is called Poweil’s Fort, from one of the first set- tlers, who is immortalized as a counterfeiter, smelting and working the native silver of the mountains, as tradition supposes. Tradition fur- ther says that he buried in his lifetime severa! barrele, kegs, and boxes of coin in the bowels ot these mouatains, and not a few experiments, fron. time to time, have been made to find out and re move these undiscovered deposits. From the uni form failures ot these experiments, the notion oj these kege, W&e., like the United States Bank, i becoming *‘ an obsolete idea.” Since the passage of the Tariff Act, a forge and furnace for working up iron, which’ had su-pended, has been kep: im blast, notwithstanding the surrounding yeo. maory remain inflexibly demoeratic, especially since the decline ol the pricesin flour, &c. Passing through severe! counties of this valley, there is a seam of slate formation of some sever miles wide, known everywhere as the Pine Hills Throughout this region, in most ot the innume rable deep valleys, scooped out by the rains, aud the little wet weather streams, there are ulphor springs of the most excellent quality, From six te a dozen may often be found in’a huot of five miles. The Frederick White Sulphur, becoming eclebrated from the jolly and gentlemanly: host, Branch Jordan, Esq , and from the repeated annua) visits of President Tyler and suite, Chiet Justice Caney and othere,is inthis slate region Judge Taney, we are informed, has been in the habit of giving an annual visit to the Frederick White Sul phur for many years past, long betore the present excellent accommodations tor man and beast were thought of. He and the President and hie py have just been rejuvinating there, and hao not left at our latest advices. Tem miles up the valley from Winchester, a mile and a half from the highway, there is one of the strongest white sulphur springs in the United States. Silver is im mediately discolored in its wetere, and a bucket of the clear liquid sitting over night, aegumes the consistency ot blue milk. Takeo irom the spring, it has the Telicious palatable taste ot boiled eggs, ind any quantity of it may be drank without any wher effect than a pleasant cathartic operation (tis on the farm of George Larrick, Beq., and only aeeds “ fixing up,” and a thorough advertising the Herald to set it a going. Pouties are a “bilin.” The reason there wat aot a more powerful revivel at the late camp meet ing near Newtown, is doubtless because the mind: of the people were taken up with politics miore than anything else. Polk and Dallas are eure of the State of Virginia—and this apprehension keep: thé whigs in astute of most daugerous excitement it wen’t do. Even that last letter on aunexa- tion won't anawer the purpose, The locos are bound to have Virginia, if she stands alone. We should be glad, General, if you would call Excitement in Bubbletown—Piety—Politics the moment, ply the money to to be athand. Thé old habitants shook their heads and advised that the town! ance—we are independent farmers. There has not been one individual in our whole town that has taken the benefit of the bankrupt act. honest and industrious people, and very religious. The most respectable portion of us are presbyteri- ans. cietie: are duly and regularly sounded in our ears, and if other mass meeting their meeting: sider turn about to be fair play. t id take the t f the Shannon- dele, the Frederick White Sulphur, the, Bath, the ‘keley, the red, blue, green, yellow, black, and chocolate colored sulphur springs, and also of the warm, hot, and boiling, sweet f we have them all) of the wonderful valley of Vir- sour a d salt (for Binia, not torgetung the caves, T's Fen Sad such kee Yeu will be well reocived. “Th Virginians know how to do it, Truly, Roper. ith salem, (Correspondence of the Herald ] Sourn Satem, Wustcarster Go-} Oct. 5, 1844. ing, &¢. Mr. Bennett :-— I write to you partly ta praise and partly to blame; for while on the one hand | consider that the pub- lie owe you a debt of gratitude tor your independ- : in exposing, in your paper, the nefarious do- ings of speculators, medera financiers and other respectable rogues, in their connexien with divers rotten banks and other corporate shaving con- cerns; and in the misery and distress of those times, I cannot forget that you pointed out the rock upon which we had split, and directed to the only means by which the nation could be restored to true and lasting prosperity; inculcating on the part ot the people a determination to be individu. ually honest, to return every man to industry, and advising the adoption of the only sound, healthful, and uniform curreacy—a geld and silver standard of value. as well as upon the tariff, and the general laws of trade, must have carried conviction to the minds of hundreds, and have doubtless exerted a most salutary influence upon the public mind, Your luminous articles on this subject, This town is vulgarly called Bubbletown, after a New York Wall street broker. Some three or four years ago, this said individual intimated to the select men of this place, that he wonldaive $10 000, provided they would call the town by ful aame, instead of its old cognomen of South Salem, This was something startling and unexpected, and ot course the proposal created no little excitement in owr community—town mectings were called, and much eloquence expended in ita favor. stump orators prophesied our exemption from fur- ther tax tion in support of public schools, and it 18 beawtifi The by a majority in the fervor of to accept the offer and ap- that purpose. A millen- knowledge was conktenily predicted and most respectable in- was agreed num of money should be first paid in, betore applying to the legislature to change the name of the town; but no, this course would be considered an insult to the generous donor, and now what have we got but “North Ameriean Trust end Banking Com- pany” Stock, besides, I believe, some real estate that none of us know much about. It is true that the inéerest has been paid up by the i- beral gentieman on the unproductive part of the pro- perty, but the substance is notthere. Our good name is gone, and we are a by-word and reproach to our,neighbors. It was the men of Salem, not Bubbletown, that fought in the revolution,that hur- nied in defence of the neighboring towns of Ridge- field, Bedford, White Plaine, &c., when they were invaded bya British force. Itwas in Salem that Ma- jor Andre was confined, and the house in which he was imprisoned isstill standing How would those sires sorrow over the degeneracy of their eons who hfve sold the epotless name of their native We had uo need of any extraneous assist- We are an We have regular organized systems ot bene- volence,—we have Bible societies, Missionary s0- H and numberless others. _ ‘The claims of all we don’t contribnte up to 4 certain standard, we are sure to have the whole anathemas of the church hurled at our devoted heads, for just se much money must be raised for these purposes, whether we succeed in raising any thing élee or not. Ever since “‘ haying,” our townsmen have been very busy with politics—attending this, that, or the It is all coon ground up here. The wisest people among us confidently assert that the country is ruined il Henry Clay is not elected. Of course, the ladies cannot remain tranquil while the other sex are so much excited, and they too have their constant succession of mass meetings, but of a more domestic character, as the young men have inveigled them into an attendance‘upon they, the ladies, very properly con- { have already informed you, that we are a very benevolent people, and our rallying cry 18, ‘* Pro- tection to American manufactures.” “He that is robbed, not knowing what is stoler, let him know tt, and he’s not robbed at all.” Bat aside from politics, there are some of us who engage in more rational amusements than in coon hunting. We go a hunung after rabbits, quails, squirrels and woodcocks, among these utiful hilis and val- leys ; then, several small lukes, most romantically ituated, furnish us anglers plecty of amusement. These lakes are tributary to the Croton, and will, doubtless, ata future day, furnish a large reserve supply of waterto your city. The plan of raising them for that purpose, had not escaped the notice of the late water commissioners. In time, these lakes will be a great resort for your eitizens. We have already to entertain a number ef them in the warm season, who play the very d—1 with the fish, and our valuuble time. Yours, ever, City Reform. Frienp Bennetr— ~ Tam pleased to see that you are trying to keep the Felening dynasty of Gotham to their promises; but it is up-hill work. They are neither disposed. to perform, nor to take it riadly to be put in miad of their promises, and their deimouences. You are, however, enutled to much eredat ior exposing their misconduct and dishonesty. Particularly 80 tor exposing and chastising the imselence, the arro- gance, the bigotry, the intolerance, and the scur- rility and blackguardism of the organ of the party. Keep on, sir, until you have brought them to their yenses, aud they perform their promises of relerm ta such a manner that it will be seen beyond cavil. We are told by the organto look at the streets, and see how clean they are now to what they used to be. [, tor one, cannot perceive it, and I have been, and still am, a very close observer of that depart- ment, but cannot see any material change tor the better. The streets are diegracelully dirty, and vat of repair also, Loth cattway and sidewalks, for which there is no excuse. The ‘natives’ are 40 self-sufficient, that to give them advice how to nd keep the streets in repair, wouid be like threwing pearis before swine, in my opinioa—in tact, [know. Among the many reforms needed, the Court of Sessions would be much the better for a thorough cleansing; I do not mean the room, but the officers. (nthe first place there is a great want of punct ity in the judges and attoroeys; they are unitormly half an hour or more after the hour im coming into Court. Tunis ought not so to be, the dispensers of justice (perhaps law would be more appropriate,) ought to be on the bench punctuaily at the hour set, if not a lite before it, io order to set a good ex- ample to jurors, witnesses, &c. 2d. The Judges and District Attorney ought to be ia Court haif an hour before the jurors and wit- nesses, in order to hear applications for postpone- ment of cases, affidavits, S&c., 80 that when the jurors come in they may be ready to go on witha trial, instead of keeping them waiting, and consu- ming their valuable time without compensation, a8 is now the cave, Jury duty has become an unjust burden and a grievous complaint, and | can see 10 just reason why jurors should not be paid for their services to the public as well as judges, lawyers, constables, &c. Why should jurors be compelie to give their services gratuitous for weeke, when referees appointed by the judges get two or three dollars each evening they sit tor only « tew hours ata time? Is this fair—just? By the way, I have 20 good opinion of jury trials; it is so seldom twelve intelligent, judicious men, can be, or are tound to compose « jury. In my opimion—and I speak as a juror who knows—that three honest, intelligent, judicious judges would decide more correctly than juroragenerally do. It ig too common for jurors to rong rather than be kept from their dinners or ir beds. Either let ju be compensated for their time or jury trials idoned, especially in civil cases between individuals. ; 8d. The Courts ought to be holden in the after- noon, after business men have got through with their basiness, ins'ead of the forenoon. Let them be held from 8 to 9 P. M., and punctual attendance or fine required and exacted from jndves, lawyers, constables, jurors, witneeses, &c. Ther, and not ull then, will business be despatched as it ought to be. Talismen, or talesmen, ought never to be re- sorted to or admitted. They ottener defeat than promote justice. I could mention instances within my own knowledge, were it necessary. Jurere ought to be intelligent, discreet, unprejudiced, honest men, Will those whose duty it i complaints and h they will do ty the whole TzaaK. aitend to the above nedied? By so doing credit, and benefit Prorux. Barsanors —Extract of a private letter, dated Sept. loth :—"' The weather continues mest favoruble for *. The country presents the most i » and there ia every reason to be- je crop of thy coming year will be abundant expeotations. beyond el lprevious i