The New York Herald Newspaper, October 31, 1844, Page 1

ee A a ate Rte Nh THE NEW YORK HERALD. Vol, X., No. 301— Whole No, 3901. THE N AGGREGATE CIRCULATION THIRTY-FIVE THOUSAND. THE GREATEST IN THE WORLD. To the Public. THE NEW YORK HERALD—Daily Newspaper—pub- lished every day of the year exeept New Year's Day and Fourth Price 2 ceats per copy—or $7 26 per annum—postages of July. pPaid—cash in advance. THE WEEKLY HERALD—published every Saturday moruing—price 6M cents per copy, or $3 M per aunum—post- nuus paid, cash in advance, ADVERTISRS are info i Herald is over THIRTY-W1VE THOUSAND and fast It has the largest civcuiation or the werld, aud, is, therefore. ‘he men in the city a¥ country. arn mo: i advance PRINTING of all kinds executed at the most moderate pri and w the most elegant atyle- oT JAMES GORDON BENNETT, Proraipror ov tHe Renatp Estap.isument, Northwest eoruer of Falton and Nassau streets. “COME, NATIVES, AROUSE!” EU HERING: nace Ammaricane come to the GRAND ‘any paper in this ext ‘Thorday by it, it aot ivr, cups the td dStore Hote ad Fulton ae! cet on pet i good citizens, who love Ammen Tce ‘4 of Cetober dist, id lass Meeting, wit Drum and rio ou the fovboxes wil yl ot orn tyranny, and forever tereafier 4 Dy. We expect toreng in: Ps ions and far laden and sisokobbeneaahed se eloquent harangues from Oakley, Green, others; pleasing strains in patriotic sng, from co chests Crom dhe sratcincls sfitod eau mally tach heey e multitude w: d i ii ears of «ll present the alc tirctgs federscene’ he Rockwell, Nagle, an By order of the Ward KE; y ss fA. Kona, G. Seeley, J. Todd, J: Hvendell A: Dorlen aetna, HA ‘Trufior, H. Corw: " LAL kaye De izes A: Q' Thompson, and the Asoc Spe Ra ood atom _ LADIES’ VELVET,HATS. BO SABES rare thant aes foaled sanlioheeat Hett at he has for saleat his cele- N. B—Al d ashi FINED NEATS SOOT OIL, for sale ETE. RUS Orb NT Marine oh, eee, for, ale by PETER sperm oil for ailing machinery of ail kinds the uses of softening and. preserving. lea ment of Glue, lron and Wire.» » a8 well as for all 80, an assort- 423 Lm* re EXCHANGE Fcgarad CONCERT ROOM, D, VA, HE above Room is now. in coinplete order for Concerts, Lectures, &e., &e., and will be let on reasonable terms to Professional Ladies or Gentlemen, through the winter and to the snbacriber, (post paid, )every imform- and advertisements or program: ‘aud pat lished for those persons who. intend v1 the coming season, in advance’of their own arri A. STEVENS, hmon N.D.—The State License Law, requiri i fy, S20 te Sete, na ropeafe tthe lat seriou of the cee Care, a rag certs res. 090 tal BEACON COURSE—TROT Ii NG. THREE TROTS IN . ee eo mile herts in harness. H. Woodruff entersy «. John ‘A. Coneklin enters gr. m ‘Fashion; Jas. Whe Stockton. Immediately after, mateh for $1000—t und rthe saddle. George Soice: of 3 a William: George Young: of Philadel; Seine day, match for $200—amile heats, 1 celebrated vacing horses Fairy Queen aud (020 2t* ree BY LETTERS PATENT OF THE UNITED STATES. CLIREHUGH’S TRICOPHEROUS; on. PATENT MEDICATE URES Baldness, preven ely erndicntes CER and Dalene ay all the other advertived nostru upon a thorongh phi the hair and its connection with the skin, as well as a knowledge of the yarions diserses whieh affect both. ‘The ‘Tricovherous is pot intended fo ann vint the hair wi its application is only t» th: skin, and to act through the skia oa the necees, blood vessels, Ke convweted with the root or oulbof the heir.’ Thus by keep: p the action on the skin encouragtay « healthy cirealation st not be allowed to C sger) the baldest head may be ered with a new growth, aud the greyest heir changed tual color. Itiy admirably adapted ns a wash for the head, haviog the same effect upon Scurf and Dandruff that hot ‘Water has upon sugar, clearing every furfuraceous appearance from the skin, ich is frequently the primary cause of hald- ness and grey hair. In most cases one bottle will stop the h-ir 0 jing off | Principal office, 205 Broadway, (up stairs) ad- Joining St. Paul's. 030 3t* ec PRICE REDUCED. f FIFTY CENTS PER BOF ‘LE. HE CHIEF VIRTUES of the I|COPHEROUS, or i—terbracing arenatheeteg and clanfring qualities iis is eitiee a ended ge Its ‘producing nud. eno in the bull Tcufarly in the ulp which receives the veascle ive and vigor'to the hair scircafation ofthe flujds. the kin from. the effects of perspiration, seurf and dandraff'aud disposing the 1 aia Aud its frequent use wi Itt cuz). eee the hair in beanty and th, to the latest period of Gratuitous advice isense connected with the hair atthe Hair Cutting roadway, ap stairs. corner of 030 3t* re ANUP AL URUhE ANA PORTE NE Pe Mik ale Gutarys agony Remo Files Same Moa i No. 16 PLATT 8TREET. and other deseriptions of 090 Sut rere SCOTT'S WHOLESALE AND RETAIL GROCERY AND WINE STORE, 76 Nassau Street. QUPERIOR TEAS, COKFEK, SUGAR—Also, Wines in WO. everry variety—Otard, Champagne and Cogniac Brandy: Pah ad icceeh bow ey; oe Jemsies Fuga: “Holand in: oudoa Brown Stout; Edinburgh Ale, Fes 0 JOHN Secor ra O° Wholesale and Retail Store, 76 Nassau street. N. B.—People from the country, Hotel and Boarding House Keepers, who bay for cash, will find it to their advantage to is establishment a call. Goods sent to any part of the city fe ofexpense, paar? ‘090 lin rre DoS Lost, ‘The liver colored Setter Dog, Basto, strayed L) from’ No. 3 Lispenard street, on Sunday the 27th ivstant. A liberal reward will be paid on his, return to the above place, He wort a narrow leather collar, with W. i Hyer, N. 8, in faiut Bilt etare which nay havé teen removed Me fat into imp @- Persons are cautioned against detaining him alter 030 2" rre i HEME STOVES ae, Statue of Washington, ‘the, Father of ont Country, i onage. they received. Inst juter, aud the universal satisfaction they fave, has Yaduced the at a great expense, to introduce a |, witha mica door, and surswo female igure stoves have adech Of the purchaser. “They ‘inay” Pe ted ¥ for years, without any ‘expense, with very littlecare. Numerous testiimontals of the goord qualities of the above atovea, rom gentlemen of - eat at udi-g, from all ports of the United States, enn be seen at the store of ihe subscriber, where will also be fo i thian Parlor Stute—an entire new and splendic icle, anperior to nuy ever yet offered to the public; together with a complete assortment of Stoves of all descriptions. JAMES HINDS, No. 114 Grad street, | one door east of Broadway. N, B.—Statues for Stoops, Niches, and other ornamental prar- for sal as above. 630 Im? rre UNIVERSITY OF NEW YORK. MEDICAL DEPARTMENT. rt y Lectores of the ensuing session will be Gx,” 650 Broad instant, at seven tt Univensrey Meptcat Gor lott: Hints for the improvement of the on the advantages of New York as a or Pattison: On the evidences of Design in Mi fassion pice of Medical kd ‘Tuxspay —Prof f the Sheler raimrotesor On the influence of the ~Profusor lane! Ou ne Phosiologe ot Diges- i TAY. Tyohgect Bedford: A retrospect of Medical Educa- ign ia New York. Sato -— r i vhgtie Air Animate and uaa the Relations of Atmos 1 ic ‘1 sg, nn we SR TR HR 025 HEM&Th & lew Pre Secretory Faculty. ie a establushinent examiue as Prices and quality @ saving to them at Jeast beBe a27 tint re ” SCOR LAMERC wail cabana ted, at hi pyoe iE ii i |, at hit D) action, 68 tala cerese bergrtes Pulte asa Beckorans all diseases of a delicate nature; his treatineut’ being mild ‘ys indicioas, requires perther mercury, restraint in diet, or hin drance from business pursuits. Kecent eases ¢? mwdord BILITY, NERVOU! from @ too frequent ii OR CONSTITUTIONAL, Imence of te passions of indis- ind thereby eatsing aightly emissione, and_ eve med impotency, engage the ’s strictest attention, his object beng to reatore the syatem, meniaily and bodily, to thatotate of vigor antnze originally daa gu STRICTU sy Ly disease nod exist withont the patien’ being the least aware, someuimes en yy mal-treat- ment of wi ted medi Tyrotaude and oe red, wil h COR BeoteWelae Coct te tyr qualified edvectisiag Sei i in the eity, iarauiees 4 prloet mt BO made cata aan metho e tii meee ‘Open tomb AM.tOOPM. PP Whee, 63 Gok 080 Im rre EW YORK HERALD. rereasing eat chan for ‘ousiness: toca Bridgepert. Correspondence of the Herald } Bripeeporr, Oct. 26, 1844. Agricultural Fair and Cattle Show—Miller Meet- ing—-Locofoco Meeting— Temperance Celebration —Whig Meeting, &. Dean Bennerr— Although small as a city,we are still in a perfect war of excitement. Politica still predominates, and the nearer we approach the Presidential con- test, the nearer we are to the sanctuary of that long-tailed old gentleman sometimes called the devil By the way of variety, the Agricultural Fair and Cattle Show was held in our c. ty on Wed- nesday and Thursday last. Here was seen some of the choicest specimens of cattle that graze the green and fertile hills of Cennecticut. At the City Hall, the depot for *sinall vegetubles,” might have been seen @ specimen of the ingenuity of our Yankee girls, such as worsted works, rag carpets, bed quilts, &e.,audsoon. Any quantities of huge pumpkins and mammoth squashes, quinces, apples, grapes, and in faet all sorts of “garden sarse” ar- rected the eyefof the observer. There were many other articles too numerous to mention, The speech before the Fair.—This superb and almost superhuman production, ’tis indescribable —words would be inadequate—tongue nor pencil could not portray the features of this unparalleled speech, delivered by his honor, an “attic” spirit, an arch-avgel, and one of Connecticut's noblest sons, ‘ The brave knight of the golden auger.” The Miiler Meeting —These deluded rortals assembled Thursday evening, preparatory to their ascension en high, and to make preparations for such an exeursion, leaving this sinful base below. The meeting Was soon organized, and Mr. Ster- ling, formerly an Episcopal minister, but now an * Adventist,” arose and said tha he expected to see the Son of Man come in great glory before the rising of another sun (rowdies began to assemble,) because the Bible says so. We have had the tat- tying time—the prophecies have all been fulfilled, (great noise,) and we are, it the Bible tells the truch, in the tenth day of the seventh month.— (Terrible noise by the mob. Some one cried out, three cheers. Three tremendous cheers ascended higher than the Millerites went that night any how.) Mr. 8 expected to be persecuted in preach- ing the Lord’s word. (More neise, clapping, stamping, Sc.) He said ‘twas just so in olden times. (Ride him on a rail; hustle him ont.)— Just at this moment in comes the Mayor and hie vigilant posse of polise, and order the sainis to re- tire, and in quick order too. Commantis unn2ces- sary. {s this giving the devil his due ? The temperance celebration. —The Sons of Tem- perance.met here on Friday ; some from your city, and other- from the snrrouuding towns. ‘The day was fine, and the appearance of thia procession of men gave us the most favorable impression. Sober- ness, wet and honesty marked their path, and long may they live to save the drunkard and snaich the inebriate from an untimely grave. The temperance cause has dove wonders in our city ; it has rescued some of the most degraded specimens of humauity, brutes as they were, who are now respected, med and beloved by all that know them. TT! of Temperance were addressed by Mr. Edmonds, from New York, in an able and eloquent style, aud I say again let the noble spirit of temperance flourish—let it be handed down from panei son, from generation to generation, as a sacred memento of one good cau it foarished in 184 A. D. : oa oloce meeting —A gentleman, called the Long Island Shoemaker, addressed a large crowd ot the cemoeratic lacnonoon Friday mgt last. He ke of the great questions betore the Ameri- can people iovolved in the Presidential contest. Che tarift was his principal theme. He spoke re- markubly well fora shoe maker, and received ap plause. “He spoke about an hour, and retired amid ‘hunders ot applause. At this juncture, loud cries resounded through the hall—Pomeroy, Pomeroy Mr Pomeroy, who is one of the editors of the Ke- publicun Farmer, stepped forward and said, that ne did not expect to be caled upon to address the meeting, but as he was called up he would say # tew words. (Go on, cries of go on.) Mr. P. said, that the whigs were trying to make voters to thei tanks under the cloak of protection, the tarifl, &c., and direct taxution. He said, that he knew oi one man, and butone man, who was in-favor o; direct taxation; it was not Polk, Van Buren, Calhoun, Buchanan, nor Silas Wright 3 it war Henry Clay, and, says Mr. Poinervy, perhaps the whigs will say ita he. If they dot will make a bet, although I am not in the habit of betting, yet [ will bet a sixpence that | ean prove it. (A voice in the crowd says ‘I'll take the bet.”) “Ceme on, says Mr. P.”? and up went a staunch whig—the money deposited. ‘*What-kind of proof will you gave,” says Mr. P. “Official documents,” says Mr Whig. “Will you take the words of Henry Clay?’ “Certainly.” “Well, here tis on the 146:h page of Heary Clay’s speeches, compiled by Horace Greeley.” (Deateming applause.) Mr. F read Clay’s speech upon ardent spirits, where Clay says he is in favor of direct taxation. ‘What do you say to that,” says Mr P. (A, voice, “give the man his money—he'll die afore election.”) Mr - Whig got inad and sputtered, and things began to assume # s6rious aspect, when a Mr. Clam Mer- chaat wished to know if that whig was a hireling from New York. (No, no.) “None ot your business,” says the whig. For want of paper I must close, ‘The meeting,after giving three cheers, adjourned. I have not room to speak of the whig meeting. Wishing you unbounded success, I am, very respectfully, yours, Tuomas Tuvan. Philadelphia. {Correspondence of the Herald] Putvapgvpnia, Oct. 28, 1844 Dear Sm + 10 o'clock, P. M. ; I have. just returned, thoroughly soaked from Ole Bull’s Concert. Despite the deluge which is, and has been paying a visit to this good city of brotherly love since an early hour this morning, in quantity and quality, sufficient to damp, if not ex- tinguish, even the anxiously looked for fire of the Millerites—the magic of kis name drew to- gether one of the most fashionable audiences that ever assembled within the walls of the Musical Fund Hall. Half an hour before the time named for opening the doors, Locust street was rendered impassable by the throng of carriages in the centre; and, by crowds more hardy, who, trusting to the virtue of India rubbers and umbreline, “ braved the pelting of the pitiless storm,” and waited (not patiently) on the pavé, ready to storm the entrance. To describe the reception of the great maestro would be almost inpossible—to describe his performances,literally so—sufticient to say, all that has been written of yar falls short of reality. Donbting the effect of his new composition of Niagara, he, with that modesty, which so emi- nently characterises him, placed betore the or- chesira, at his rehearsal on Saturday, the intro- duction, withodt naming the piece, The perfor. mers commenced; and, as several of them have described to me, they wereina few mo ments electrified, iss played-on, until as if with simuitaneous impulse they ceaeed, am out, almost in raptures—“* Thi cannot deceive us—this is N So lively is his recollection of the kindnesses heaped on him in Boston, that he is determined this brilliant gem ehall first delight the ears of his foud friends and patrons in that city, and will, consequently, leave for the east immediately after giving his third concert here. § ‘Theatricals here are below par—all the houses, with the exception of Arch street, displaying,night- ly, “* a beggarly account of empty boxes,” Yours, &e. O.P. Supreme Court.—Present—Chief Justice Nel- son and Jus. Beardsley. Rochester, Saturday, Oct.26 In regerd to the naturalization law, the Su- preme Court by C. J. Nelson, decided, that the person applying for natu must have, in point of tact, remained within the Territory of the United States for the five yeare next such application, aceord ing to the very words of the Act ef 181%, and that he could not leave the eountry during any part of the aid five years, for,cither or pleasure, without hav- ing is adroiasion to citizenshi 92. Ha Loom ames Monroe, Mr. D. Wright was is ve. nd for the defdt; Mr B. D. Noxon for the plaintiff; Mr. Wright in . John Mathews eg, Carlos Morehouse. Mr. E. A. Brown was heard for the plaintiff in error ; Mr. Noxon for the defendant in error ; Mr. Brown in reply. 138 Cornelius C. Jacobus et al. ve James A. Scott. Mr. D. Writs Was heard for the plaintiff in error ; Mr. C. DeWitt for defdt in ‘error. Judgment sffirmed, with twice amount of bill of coststo be paid by plaintiff in error. 182, 8 Kellogg et al. vs. Lewis Mr. C.P. iKitkiand was hart for plaintiffs ; ye for detdt ; Mr. Kirkland in repli; 168. Kel & Rockwell vs. Estimate for New York. James Gorvon Bannart, Exg. Sin—Seeing in your paper a whig estimate of the State of New York, which I believe altogether at variance with what I believe will be the result, I herewith send you one, made after the most care- ful consideration, founded upon the canvass of every county in the State, and hope you will give indly given the it the same publicity you have so other. i : $85) 8111118F TiddeteererrSigBren s2 | ¥¢\ 222, 15) 82882 “tao oo 200 = 2000 300 — 1300 500 800 400 600 _ 200 800 1000 + 950 100 1300 = 400 - 800 as 800 - a 00 en 00 11500 100 Demoe'e ma’y,.. . 12000 100 Thi will say is a low estimate ; and add to this what we think the city of New York will give, if no amalgamation takes place, and our majority will reach what our prudeut cal- culators have always claimed. A. I. B. << 188) 38 Mk. Eprror— In yesterday’s paper you published on the out- side a communication containing a statement of the Presidextial vote in 1840, and the estimated majorities in the approaching election, which in the aggregate shows a majority inthis State ot 5200 for Mr. Clay. The writer states that his “ Esti- mates have been made with due consideration and examination of the votes in 1840, 1: and 1843,” and remarks “‘ that as you generaily give very fair estimates,” you will examine hig Whig production, aad if worth consideration, publish the same, a8 “if it is not correct in its DeTalLs it is near enough for general purpoges.”!! {[t so happens that she “* general purposes” of the writerare perfectly un- derstood—the writer known and although profess- edly a “‘native,” is as thorough and out-and-out whig, as his ward or the city contains. He has, as he believes, entrapped the Herald, which we all know to be neutral, into an endorsement ot his opi- nions, thereby leading the numerous readers of your paper to believe that in your opinion it is all up with the democrats! Peaaw! Mr. Native, woald it not have been better to have awaited the result of ihe struggle now being made by the whig natives to induce the demoeratie portion of that party to go over to the support of Mr Clay, before puiting the city and county of New. York down as a tie? It may be well to let it be known in the country where his statement,apparently sanctioned the Editor ot the Herald, 18 intended to have effect, but no man in his senses in this city can give the least importance to this whig figuring. Weer Srexet, Fuataer rzom Mesico.—Gov. Shannon presented his credentials to the Presideut on the 2d ult. The latter was attended by the four Secretaries, and the audi- ence lasted some time «ne of the men who was concerned in the robbery of the Ambassadors, has been arrested—a hundred ri naving been despatched in search of them as soon us the intelligence reuched Puebla, We jearn that Santa Anna was to be married a second time on the 11th inst. In the meantime, there is great anxiety and much ex citement taronghout the c.untry in reference to the designs, which are agid to be uadeubtedly enter‘ained by Sunta Anna, of overthrowing the presen, Congress, and, perhaps, deatroy ing the representative system altogether ; id Well intormed peryons think tuat fitteen days will not elope without some movement to this end taking piace. It t# supposed that the first “ grito” will be heard trom he military at Jalapa, but it is antrespated that the move- ment wili meet will resistance. Considerable anxiety is aiso fel’, particularly at Vera Cruz, to know to what determination the French Govern ment will come, in refs ence to its affuirs with this quasi Republic, and the anticipations are, that there will be a rupture. At Sacrificios there were five French men-of- wer, an English frigate oad slovp of war, and ouo Spanish man-ol-war. ‘The sudden arriva' of Captain Espino at Vera Cruz (this gentleman is commander of the Mexican steamers ut New York,) created much surprise, which wasallayed by ascertaining that he had come for $30,000 to deiray the xpenses of the repairs at New York. He was to sail fcom Vera Cruz on the 4th justant, in the 9 gun brig * Santa Anna,” tuking with him the $30,000, and Commo dore Lopez is, also, a4 a passenger to New York, where he goes to assume command in ciuef of the three vessels. It vas rumored ot Vera Cruz, that Commodore Moore was ‘o beon the look out for these three steamers from Balti- more These Mexicans seem to be as afraid of him as men well could be of any thing, for they fully expect him, we doubt not, to these vessels on his own hook ,with- out any aid or assistance from any body. Doubtless they think him in le:gue with his Satanic Majesty, and expect that notable personage to aid him in the daring schemes which they attribute to him, and for tue accomplishment of which, hia gallant conduc: heretofore has probably given him the reputation The Minister of Justice, Manual Baranda, has published along justification of himself in relation to the difficulty between the House of Representatives and himself, caus- ed by the articles which appeared in the Guvernment Journal, of which he is the director,throw ing imputations on the dilatoriness of the members o. that body, in re- terence to the loan forthe campaign of Texas. The horrible atrocities committed by the wretch Uru ena on the French sailor at Megailen have been taken up by the Mexican Senate. One of them, Don Gormez Pe- draza, stigmatizes them as outreges which are more re- pugnant to human nature than the worst crimes perpe- trated under the worst of the Roman E perors. It ap- peara that the poor sailor’s pereon was abused in the mont beas'ly manner by this fend in human shi An,en- juiry has been inst tuted by ‘be Minister at under the direction of the President, into these horrible cruelties We gave a statement of them in our last summary of Mexican news ; and the poor fellow it seems has become insane. We trust that the miscreants will be brought to condign punrhment. infermatien received at Mexico from the Ecuedor, to the 17th June, it appears that the contest between Vi- vanco, the Dictator of Peru, and Castilla head of the i surrection, has degenerated into a war of massacre and extermination. Literary Notice. Persgcurions or Porgry.—-Historical Narra- tives of the most remarkable persecutions occa- sioned by the intolerance of the Church of Rome— by Frederick Shoberl—Harper and Brothers, 82 Olifl street. Price 25 cents The author of this work is, of course, a zealous Protestant, and is somewhat known to the world as the translator of Thiers’ history cf the French Revolution. He has given in this volume some most graphic and thrill- ing sketches of the most prominent of those cruel persecutions,,by which the history of the Papal power is distinguished. Itisa book which will be widely read, and will do much to increase the hostility ot Protestants towards the adherents of the Popish religion. Corron Factory Wantrp at Vicksnura.—We copy the following from the Vicksburg Whig of the 12th inst: ‘We are authoriz d by five planters in Warren county to # that they wiil give lowing remium to any man, or company of meu, who will esta- Bitsm and put in operation, e eotten factory in the city of Vicksburg, fer the len tare gh . coarse sore ‘the lanters deeming the principle of home manufacture es- tially Fenwrime A torhe wall being of the south, offer to give, as a bonus to the enterprising person who will commence it, ninet: ‘ales of cotton each year for five: years to come, an parchase all the cotton cessary forthe use of their plantations frem the factory. Revsase oy Mantin Luruge.—The Providence Herald contains an account of the release of Mar- tin Luther from the Algerine prison of Rhode Island. The fineof five hundred dollars, which had been imposed upom him, and in default of which he was imprisoned, was paid by the le—' when,” says the Herald, “ the jailor unlocked the bolts and bars that held incarcerated this victim of Algerine tyranny—and Martin Luther, who was imprisoned for bis fidvlity to his princi; ame forth again tothe world, amid the shouts, cl and congratulations of a large conconrse of people, who hal colleeted around the prison te regtive him.” Suocxine Tracedy.— Kelsey, of Coneaut township, Crawford county, ‘owt his throat with @ re zor, on the Sth instant, but was still alive onthe 17th. On his wife hearing that his attempt at suicide was ions of fidelity, took poison and hill. the last the slanders that were o1 jen it hei ing nei . The husband be- Cae deranged when he heard of her death. They have leit three children, the yo ingest only two years of ago. Mitterism—A young man named Heath, be- longing to this town, being evidently insane, was com: mitted to yall for safe on Thursday uight, andthe next day sent to the Insane Hospital at Worcester. He has een @ zealous Millerite abeut here for some time past He te naturally « Tote good ie pro! bly rained by the Millerite delusion. Spring field ican, NEW YORK, THURSDAY MORNING, OCTOBER 31 in Chaneery. Before Vice Chancellor McCoun. Ocr. 18.—Sxconp Day.—- The Cruger Case-—Mr. Wood's argument coniinued —From this last source—from her requiring agcounts under, interfering with, and twice re- ve that order, itis that the waters of bitterness have flowed so copiously in this ca e—an¢ here, said Mr. Wood, I fey down the proposition without fear of contradiction, that although property be settled upon a married woman, if she brings the income into the household, the husband has @ right to take and dispose of it as he pleases without powoiepesrpand in virtue of the high common law, common sense,and seriptural principle that he must bethead of that family. Nor will this Court interfere with his doing 10, unless some special equity and strong reason is shown for it, such aa wasteful: ess, inebriety, or ill ueage on the part ofthe husband. Ifalady, because she happens to have ‘| separate estate, is to be absolved from all subordin: tion, and all conjugal duty—ifshe is to make arrangements not m, but in delance of her husband, and to re- gulate every thing through the power of mouey, accord- ing to her individual discretion, what is to become of the economy and harmony of’ the domestic circle the order of socicty, or the morals of the community ? In the large experience your Honor hus. had is adsudieatin a 6f thie hind, gon. must recog. Peon extreme peril of such a state of things. So, it is at their y would aut troduced on the subject of the separate estates of married-women—although that act wax barely declaratory of the law ax it now stunds, that mor- riage settler ents Tay exist—-snd it ia not going tov far to ase that { feveloped in the features of the case now before us, will have no little influence in pre- venting the passage of even such a law, ‘There is:0 reater moral miracle on record then the amelioration of thecondition of wor as produced by the doctrines of the Christian religion. T! change was wrought, not by learned men from the philosophic schools of Greece or Rome, but by one coming, without any power of persuasive truth, from thi an obacure corner, and a despised —and what did he, the great moral Precr tor, ine attics of man- Petts at og speaking with authority, for himself, and Apostles? Nothing has done more to advano caure of civilization than his precepts on this very head, no higher praise can be givea to our good old common law, than that it has adopted those pre cepts. This may be seen in the leading case of Manly v. Scott, 1 Modern 129, which, as‘ has been remarked in the notes to ‘a Justinian 424, ‘‘ embraces the soundest principles upon this subject, as placing the relative situa: tion of husband and wife upon the best footing for each ofthem, and as being most in unison with the law of England, the precepts of Christian nd the dictates of natus] reason, civilized expedience, and the general apis of the laws throughout this country.” Then, what se Je prevepte and principles that have had so kallow. ing an influence on the union of man and women, io el ing to her, and so civilizing to society 7 Are they that she is to be, by her wealth or by any other means, not only independent of but in command over the man? Far from it—the inj ions of scripture, and the mandates of the law are, that she shall be in subordi- nation and subjection to him Still le+s do they allow of her rating from him whenever she pleases, >r even for the one excepted cause without the authority of a ju dicial sentence. According to the doctrine in the case of Manley vs. Scott, read to your Honor at a prior stage of these proceedings, “the woman of herself, in contract: ing marriage, makes a solemn vow before her God, that ashe will live with her husband in the holy state of matri- mony as sppointed by him, to obey, serve. love, and keep to him in sjckness and in health, till death them do part, and by departing (rom him vgainst his will, she breaks all these commandments, and ner own vow.” An expreen command tothe contrary is laid upon her by the law of God, “to the married 1 command ; yet not! but the Lord ; let not the wite depart from her husband.” 1Co rinthiang 7, 10; and the Judge adds, “ if a woman be of so haughty astomech that she will choose to starve ra ther than submit and be reconciled \o her husband, let her take herown choice. Tho law is in no detault which doth not provide for such a wife.” “Ii ane depart from ber husband against his will, and wi!l not submit herself unto him, let her live on charity, or starve in the name of God” “Her evil demeanor” and “her own wilfulness” “hath brovght it on her.” And in this connexion it is as well to remind the Court of the rule well established in conformity with these principles, that a wite who deserts her husband without cause establish d by a judicial de- ciston, cannot receive the favor, protection. or a'd of this tribunal even when she reeks for a msintenance out of what wasjonce her own'property. See Atherley ,Bine Clancy, and har Sal the most authoritative text books on thia subject, These being then the greut principles of religion, and the law on this point, how are you to carry them out exe pt by making all pro perty, aeparate or in c*mmon, subject to the contro! of the hus sand whenever brought within the jurisdi of his household? If the wife chooses to bring it there he is to use and dispoze of it ar he pl 6, and without acconnting to any one, otherwise their ive positions will be entirely reversed, and the order of society dis turbed, and contention and miser inevitably ensue For this we refer to 17 Johnson’s reports 494, and Clancy 362, 3. It iatrue that Chancery will, at times, interfere with and modify the rigid principles of the common law, ond adept them to the peonliar circumstances of a given case, But then there muat be potent reavons and a #pecial equity for such interference. I there any sufficient ground or any ground at all for this Court to interpo tween the husband and his sacred marital rights in the present suit? He has not even been » victed of infilelity, cruelty, or i) usage towards his wife, or of being a spendthrift, a gambler, or a drunkord.— Wherefore, then, must your Honor reverse the order of nature, the precepts of religion, and the law of eur coun- try as between these parties? The solitary inducement assigned is, that it will gratify the lady’s peculiar idiosyn- crasy about money matters Why shonld sho he exempt from ‘he condition of ordinary females? What, though she has riches, and has talents, is she to be above all law, and the most holy duties ef life? Has this led herto peace and happiness ? Were it not better to bring her down to the condition of a dutiful wife,and a peaceful member of society, by diepelling the rad and suicidal hallucination in regard to her husband, under which she bas gone astray? One of the most revolting inatances of the error of her ways is to be seen in the private confidential let- tergshe has had paraded in this case, written pf her hua- band to herself and others, buth before and since their morrisge. These have been read, page after page, doy after day, by one of the opposite counsel. For what pur- pee? They assuredly can have no pearing, on the lecision of this case. The sole object of this gross vielation of all matrimonial, or even social confi dence, manifestly, was to enable them, if possi- ble, to disparage my’ clicnt, her own husband, through ridicule and misinte pretation of what wes writ: ten long ago. unguardedly, and with no idea that it would ever come to such ‘base nes. The gentleman might as well have read the odes of old Anacreon or of Tom Moore, the Anacreon of Ireland, as these love let- ters, for aught they have to do with the issues of this cause. And let me remind those wh» are disposed to criticise these effasions, either as to their sentiments or style, that perhaps their own wonld scarcely bear print- ing so well if perchance they should ever be brought to ght throngh the frankness of their wives, or the offici- ousness of counsel. Mr. Cruger, however, will euffer no disperagement from any one’s candid perusal of his cor. respondence ; and all that he has to be ashamed of about it, is its production. The counsel who opened on the other side, and who indulged go much at large in critcising these letters, is a novice in such matters. He has devoted himself so entirely to the Inw, that he has hed no time for look- ing into the affairs of the heart, or for appreciating the hallowed intimacy of married life. Hence is beno more s competent judge of amatory epistles, than he is an appropriate adviser in connubval difficulties; and there: fore, when he comes to look at these letters with his merely business-eyes,this application of them easily ren- ders their contents Indicrous, Thus hv cannot enter into rit of Mr. Cruger’s letter, written to dirlodge a rival ad interfered with him, and draws the inference who from the one to hia friend, the late Mr. Legaré was unfit for business How far thie was the cw be judged of from the fact, that he was for ten years in partnership with the Attorney General of South Caro- lina, and in the receipt of a handsome income from hia professional labors, on which alone he had to rely, whe- ther at home, or abroad on his travels. So again, the tse that has been made of the letter to Mr. Cruger, inter- cepted by, his wife, from a lady at the South, js most unjustifiable According to Mrs. Cruger’s own atatement ofthis affair, it took place seven years before her mar- rioge, and ft is not ascértained by any thing in evidence what the character of thia licison was. It might have been merely Platonic, for aught that appears. But of whatever nature, it was a matter with which she had nothing to do—ieast of all should she ever have betrayed it to aliving being, especially when she came to a know- ledge of it hy twice violoting her husband’s letters against his express inhibition. It occurred at a time when no vn- agement or even interconrse between herself and Mr. Cruger was subsisting, and was divulged simply through an application from the lady, at a distance, for charitable assistance, as she hed failen into poverty and ill-health ; and yet under these fabten it is that Mra Cruger site in ent on hei ind, and rebukes him “ for ing bis head upon her clean breast with the dark secret in his bosom,” and then af- terwards, with @ inll knowledge of thie dark secret ig re-uni to and lives with him hagr a year. — If the opposite counsel con sympathize, and join in charge or reflections on Py, client grow of th circumstance , 21] J can do isto quete to them not aa other men, stance by Mrs, Monroe, inthe letter to her sister, conati- tating exhibit 66,in which she trnly says, justified with any one if you upthe exc our husbend before his marriage His feank contession me an to that effrir, expression of sorrow for it, especially when Inved ou by the fascinations of a mir guided woman, has altered my feelings towards hiin 4» '« it. Besides, you raid you had dropped that, Ng bring it up now!” Aye, indeed, “why bring it up now” The response to that question would em! a volume of censure we will refrain from unfolding, and the rather turn to 6 ntemplate the character displayed by Mra. Monroe on this occasion, find throughout her letters and depositions It ix really pleasant and refreshing to dwel upon the oasis looming up in this Cuse, from her plain, straight forward, home- spun ye sense, “pay feelings, rational views and con- tleten integrity of parpore, amid the wilderness of ec- centricities and extrav: jes that characterize hir sis tor's opinions and conduet. hrou wrong ivea— . direct, truthful and sincere. such « person fe copable of stating what that from interested motives, would be enough to make , 1844. us despair of human nature. Every word she says stamped with integrity and trathiulness, and im them is to be found a complete key to all the difficulti of this ec -mplicated controversy—io wit: “my ester Harriet, as usual, gave ond took back again” The next charge made ogainst Mr Cruger is, that he would not submit to his wife's peculiur views, ‘and allow her to have the lead and dictation in every thing. As to the imputation of mercenary motives, this is a two edged sword that had better be withd:awn—avarice may be as much shown in retaining, as in elaiming—in withholding all from a husbend, as in sharing half with his wife, when both the law, and her own acts have given the whole. There isan entire mistuke on this subject, and there must be a new reading of all the characters in the irama Upona fair and candid review of the whole cane, it will be found that it is the husband who ia in the right, and that all the mischif has ariven from the wile’s standing and acting upon singular notions which are incomyatible with the duties of a@ married woman, the paramount principles ef both law and gospel, aud which, W persisted in, ut always lead te the disastrous conse- qnonces she has brooght upon herself. At one time she acquiesced in the programme of Mr. Bard of 186, and had she continued to do so, all would have been well And why did she not let well alone 7 It was a proved of by all their friends, and is perfectly fwr and reasonable. What ngements ix it customary tor Chancery to meke—what would your Hovor direct in a case where it devolved upon you to settle o ward’s property on her marriage? The practice at the Court on such occasians wit be ound in Atherley 200-“4,and I 1 Dessvusure’s reports 158,the caseof Postel ve, Skirving. ‘There the Court secured the principal of the property on the wife and herchildren,should she have any, and if not, to the husband if he survived her,with the whole income to him during the marriage, and this is in accordance with the principles recognized by Chancellor Kent in the case of Bradith vs Gitbes, 3 Johnson’s chan- cery reports 523, in which he declared a husband to be entitled in all respects to a preference over collateral heirs What special reason is there tor deviating from these prin ciples and this practice in the litigauion now before the Court? ‘The husband on the one hand insists that he will not touch adollar of the property unless he ia to be independent and uncontrolled in ita receipt and disbursement, and this in order that his station and ac- tions may correspond with scriptural and J«gal princi- ples, The wife, on the other hand, insists upon having the control of the whole income, even to bis account ing for its expenditure, and her ¥ of directing or withdrawing it at pleasure. To settle the dispute, their friends intercede, and with one voice recommend a di vision of the income between them. Mr. Cruger con- cedes his claim tothe whole income, and ecqmesces in the arrangement. She does the same at different times, but finully flies from it, and repudiates the deed carrying it into operation. What will the Court, which is called.upon to decide between them now du? Most Ireary, the Yast It Cun G0, 18 to confirm and enforce this arrangement, so rew sonable, That it has met is proved by thetestimony of was an old and valued friend of the ing: Mr. Cxnges, only through them, and earnestly solicited by Mrs. ¢ This he gave, telling ber thut all the world were of the same opinion. end whut was her response? Convinced of the propriety of the advice, she made the imprecation, “might she be forsaken of heaven, itshe did not carry it out!” By all the world,he must have m: ant all her friends and acquaintances, 1 of these there can be no doubt but thut she hada plenty, both substantial and ephemeral, real and pretended. Does such advice, so received. con- stitute coercion? ‘To assert it, would beto invert the or- of nature and the theory of the law. Is not the very first question in a case of the kind Were her friends consulied—did they give their advie did according to that advice ? And yet reason and the lawregard as a preventive ageinst coercion, is proof of its existence {| To the contrary of thir, it will be found that courts have regarded the intercession of friend» as repelling the idea of compulsion, and ax ample protec- tion sgainst it, as in the cares of Pawlet vs, Delaval, 2 Vesey, Sr, 668, and 1 Vesey, Jr, 28 case of Strath- more va. Bemas, mm which Lord Ch lior Thurlow ment ons his having sustained a settlement, although exe- cuted by an infant, because it was a fair snd open transac. nd so sanctioned by all their mutual friends ith the approbation of all therr triende, ‘This gentleman know ir, Ogden. jouglas fam: tion, and “with the consent of the fomily.” It has becx id, too, that Mra. Cruger ia particularly sevaitive to bublic «pinion, and that she aeted under the spprehension ot it, But if the advice of her friends and public opinion concur, is pot thia the strongest evidence that what she did was reasonable and right? what she ought to ha one, end what this conrt cught to sustain? To contre- © Wisin, it is pretended thet un‘ue influence and com- palsory cenjrol were exercised over her, By whom? Cerainly ifot by her husbead, for she was living apart frem and im defiance of his influence and con- trol, But, it is said, her own sister, and cousin, and triend exercised that influcuce. Wes this at Mr Crager’s instance, or by his procurement? The witne Mr. and Mrs. Monroe, Mr. Bard, and Mr, Ogden, indig pontly repel the imputation ; and Mrs. Monroe and Mr ‘Ogden, who alone took any part in the making of the last teed of appointment, distinctly ewearthat Mr. Cruger had nothing to do with the mak ing of that deed, or of the on: that immediately preceded it” There are two kinds of in- finence which will vitiate a deed or will—imposition or deceit, and duress or coercion. These are generally mised up in the transaction, though they have their dis- tinctive marks, and the rules of Jaw and equity differ widely in relation to them. At law you cannot go be bind the contract unless there is both deceit and frend in the first case, and imprisonment, or threats of danger to life, limb or health, producing physics! fear, inthe se- cond Equity, however, will pro ect the weaker party from even overpowering more! influence which deprives of free agency. But it that party, instead of being the weaker, holds the other at erm’s length, refuses obedience though due, and acts and moves with perfect independence, where is there apy occasion for the Ses oe tion of chan- cery? Between the inclination and the will there i a wide difference. The inv ion may have been opposed ta ma- king a deed, butil volition was free there 18 no ground for interference. There is no instance on record of an in- strument having bee aside because of mere importu nity or disinclination, u less there was superadded weak- ness ofintellect, deception, or extreme illness. Here there was nothing of the kind; the truth is, as shown by the evi dence, that at the time Mrs. Cruger made these deeds she was not only afree agent, but both wished and willed to make them. Her afterthoughts, ond the malignant sug gestions of others, it was that made her recede from the convictions of reason, and the better ie nt emabined tha to terminat# family disputes, and aronable terms and; made tpon proper advice, will ¢: provision e 4Russel, 34, ond 1 Story Fqnity 148, rection 132) ‘Thus of Corey ve. Corey, 1 Vesey 19, even where the party was nd acting under parental influence, the court enforced hia deed, as it w: @ reasonable ar- rangement, and made to seitle disputes in a family.” And this is consistent with enlarged views of society, ond # due regard for the morals and mavners of mankind, since such disputes area bad example in themselves and pro: dnce contention and vnhappiness far beyond the indi duals primarily concerned ‘The facts in this core, hows ever, show neither imposition ov coercion, and strong proof of one or the other must be made out to induce this court to rip up so rearonable an arrangement as the deed appointing Mr. Cruger one balf only of the income, {t cannot be pretended that there was any deceit, fraud, or imposition in the making it. Mrs Cruger understood what she was about perfectly well; she was not misin formed or, misled; the transaction was a very simple one, and she was not 1 person to. be oesily deceived ; nor was she likely to be intimidated or forced into doing what she did not choose to do. ‘This is certain from her whole character, as displayed by her letters and her conduct, and the testimony of those who know her well. Then, what witnesses have been produced to prove either deception or compuision ? Not one. ‘Those who attested the execution of the instrument sre Willinr L Morrie, the cominissioner, who also took her acknow- of it: William Douglas, her brother and tinstee Mrs. Eliza G. Douglas, the wife of her other brother, and . Why were none of these examined to the fact which must have been within their knowledge, bad itexisted, of her having been forced or duped into making this deed’? Again, it was executed on the 19th Nov , and after having slept upon it. then separated from her hus band; the next day, as appears hy the certificate of ac- knowledgment, she went before the commissioner and declared that she hed executed it freely and without an) favr, or compuision of her husband. We say she is bound, and’ estopped by. thie acknowledgment, and go from it ither that solemn avow ‘ true, or her present recantation ; Unt the latter can not be received in evidence at all, as this would be allow ing a deed to be reveked by parole. On this ground it was deoided atter fall consideration, that althongh du ress may be proved fabs? jeclaratior that he had executed a will under coercion, is not compe- tent evidence in the case of Jackson va. Kriffer, 2 Jobn son’s Reports 31. How far this acknowledgment Is of importance and conclusive, we refer to the case of Meriam vs. Harsen, recently dec by your Honor, and tothat of Grout vs. Townsend, 2 Hill 969, where the court say, ‘a married women mi hese her_estate by deed, aud when she makes » conveyance in the forme pre. seribed by law, she is as effectually concluded as any other grantor from denying any admitted fret which is cesentielto the effect and operation of the deed;” and to the case of Dezell vs. Odell, 3 Hill 229 According to the decision in Sandford vs. MeClean, 3 "aige 129, the disability of the wile is removed by ser private examination before a Commiasioner, which logully ascertains that no power and Coercion has beer, exercised by the husband in toat partieulercase” This is a judicial examination, equivalent to, and intended by the etsinnen to supersede a married woman's appearing in open court to acknowledge her deed. In the case of Whitall v. Clark, 2 Edwards, 149, relied on by the other «ire, there were peculiar end strong circumstances to aweke your Fonor’s suspicions, and te indtice you to ree fer it to a master to take the wife's private examinati nr There the mai had but just taken place, and the wife ined with her bend,'who wns insolvent, ina bil) o ‘vacate a settlement made shortly before. It dors aot appenr from the report that she had ever acknowle'g- ad the deed overri ling the settlement, they thusjwished to enforce against the consent of the trustees, and the Court justly regarding the bill, though in the name of both, ar eally the act of [ha husband--very properly directed on examination before a> officer, certain whether the wife was acting withow’ coercion. [To be continued } Navat.—The U. 8. brig Lawrence, Commander Jarvis, sailed from Pensacola on the 18th instant for Vera Cruz, where, it is stated, she will await the return of General Duft Green from the city of Mexico. f The U. & brig Somers was to sail from Phila deiphia on Tuesday for Noriolk 0 a Pennsylvania Election. — Pres't, 1840. 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NEW YORK AND ERIb RAIL ROAD. ™ FOR MIDDLETOWN, GO-lin.~ &T_ PLACES, #ROM THE FOOT OF DUAN 42 ‘The sieambont UT: A leaves every moruing a? 8 o'clock, A. M., and every afternoon #t 3%, P.M , (Sandays excepted,) for Piermont, where yengers will take the commodious cass of the company for dest Middletown, be, &e RE urning—lrave Middletown at 6g A.M. and 5 P.M, Stages from Middletowe to Uvego, Bing a ton, Hones- dale, Carbondale, Milford, &c , in counection with the elernoen line from New Yor a FREIGHT NOSICE ed from 9 o'clock A. M. to 5 P.M. and forward- tbh tiATE STREET. Freight re For further partiealars, en, agent, corner of Duane and 0% 3mm. Hy NEW YORK AND HAKLEM RAILKOAD COMPANY. , will be October, as ir times a day each yey: Leavin " Ha F = AUTO. Me 10.90°A. Moe 1 BE mill eave White Plains, at 8 A. only, after leaving the City the Bow Fy. Vaunball Ser. yx i will, however, le ‘before the ime of starting from passengers aloug the fi ariem Trains, for Marlem and inter will ran as follows: Leave Crty Hatt: ui Ato A.M, Ex STATEN ISLAND PERKY. 'y OF WHITEHALL, will ragiae follows om aud eer Bape. 39, Fhe Boe NE RH PO) Le Ky ELAS MO at 8 , ud 10, A. My 1236. 6 4 P. 8 All be particularly tisk of the owners PEOPLE’S LINE OF STE i MBOATS YOR ALBANY. iret pt om he Sot ot ewan ten oa m P. 5 Se a retain ROCHFSTER, Captain A. Houghton, on and Mero Esai nas, ot 6 o'clock. ¥ Are tnt OF sve o'elork, Ph. Landing 1" Intermediate Pincen, Bet dlenmabeont Nerip AMERICA, Gemain RG. Cree IMBLA, Captzin William H. Peek, "Thereday nod Matariny ‘Afternoons, at & reise .M. }, and are nt the CI " of the above jimes will arnve Sr sai ve oar araaft gal ae me weet. ‘hed with ew tnd ae ea and tor and ee- ‘arn forts ne any ‘the boats of this feieut, apply om board, or to PC. Sehaien, or freight, apply om the wart AN NEW ARK ) # ONLY 1 "ne NEW AN, RAINBOW, ON’ Reptember 10h will run daily, aa follows (Bundey redtt tee He q of Ceatre street o'eloch A — ves MThot the pire