The New York Herald Newspaper, September 25, 1846, Page 1

. Vol. XII, No. 257—Whole No. 4490. ; NEW YORK, IDAY MORNING, SEPTEMBER 25, 1846. KAILKUADS, &o, —SSSSS— aaa LONG ISLAND RAILROAD. FALL ARRANGEMENT, ee Pewee sep wap cas ‘Un aad etter Mi! beh ty: 2 16, wil ran as | Leave Brooxtyx—at 7 0" Greenport, d } | laces, wo A.M Tuesdays, Thursdays and Satur- | euportand intermediate places,at | 5 for Gi {PM tor Warniupdale. 4 . onday, A.M. M rook’ Norwich,) Boston train days.) stopp ng et Bt George's Manor and Farmingdale. Lrave Fansunapace atbis A.M. daily, (except Sundays,) accommodation euavene Vg P.M Leave Jamaroa~at 8 o'clock A’ M., and 24 P. M., for | vn. leave Lami A 1 of the boat from (except Sun- Brook|: A freight train wil m for Gre rt, with a passengers’ car attached, on Mou eda id Fi di atSA.M. Returning, leave Greenport ‘clock P. M.,on Tuesday, Thursday and Saturd» stopping at inter- mediate places. SUNDAY TRAIN. at 9 o'clock A. M.. for Greenport. Re- enport at 24 P.M, for Brooklyn, stopping 37 CENTRAL ANU MACON AND WESTuis RAIL ROADS, GEORGIA, Leave ‘hay is. with th of the State of Georgia, form a cont ‘Georgia of 371 mi ¢ -190 miles , dion“ r “ ie ed from Sayaunah to Atlanta and Ooth- ealoga, nt the following rates, viz : Bugse, Coffer. Lite fiatt Gogps. To ltt. To Ooth- lugar, Coffee. Liquor, Bagging. , lanta. 4 utter. Cheeses Tobacco, “Leathers Se Hides, Cotton Yarns, Copper, Tin, Bar abd Sheet Iron,’ Hollow "Ware : $075 MONET oe new new eee cerceserse + 8050 62! Ox Mealinisent Goons: Cron Boxes of Hots, Bonnets and Furniture, per cubic foot... : $0 20 $0 25 Boxes and bale ry Drugs and Confection. $0 20 p. 100 Ibs. 35 am Map e: 35 hd.” (smatier $9 ery, per cubic foot... .. Crockery, per eubte foot, Molasses and oo $12 00 tte: 1 50 » (sinall) and W! 1 05 t, per Liverpool Sac! % PASSAGE. Savannah to Atlanta... .....+....8i0 00 Children under 12 years of age, half price. Sayannah to. Mac Beet erasese ed to the Subscriber will be forwarded Savannah, Atlanta or Ooth- ‘orwarding Agent, C. R.R als 2m *rre REGUDAR MAIL LINE FOR BOSTON VIA NORWICH & WOR- CESTER, without change of Cars or Bagyage, or without rossing any Fer Passengew (aking their seats at seats through 10 Boston. ‘This through Passengers by this line are accompanie ductor of the train, who will have pe aggage, and who will otherwise giv ease and comfort. rwich, are Insured thet eing the only inland. route yy steamboat avd railroad. through by the con: icular charge of their attention to their 1, North River, foot of Battery Plac y, (Sundays excepted) at 5 o’clock, P.M and arrives in Boston in time to take all the eastern train) ‘The new steamer ATLANTIC, Captain Dustan, | ay, and Saturd ys, at 5 o'clock, P.M. ESTER. Captain Van Pelt, leaves 5 o'clock, P. M, VANDERBILT, sl thre LUEKS alas fe isrespecuug~ ror ed that the recent break every Tuesday, Thursd ‘The steamer’ WORC ; every Monday, Wednesday, aud Friday, at For further information, inguire of J.H. No. 8 Battery Place, North Rive TO WESTER N,TRAVE a the Canal wed ¥> ne ite freshet, hay paired, the PIONEER & EXPRESS LINE, via. : and Canal mmenced its from Vhiladelphia to Pittsbargh, oo regular trips for the sesson on Monday, the etn Keaving —po No, 274 Market street, DAIL o'clock, A.M. By thi te ill avyid ail the fatigue and dan. eect ig i "ravelling ie coaches, both Htailroads being pase For further infurmecios, apply at the old-established Offics ‘914 Marke: street, 5 doors above Highth street. apio emerre ‘A.B. CUMMINGS, i, Pt ety Agent. RITISH AND NORTH AMER. CAN ROYAL MAIL STEAM SHIPS, of 1200 tons and 440 horse power each, un- aap contenat with the Lords of the Adm- Capt. A. Ryric. fart. BG. Lott FROM LIVERPOOL. Sept. 16, 1846. Cambri Oct 1 Hide “Passage Moxxy From Boston to Liverpool From Boston to alfa sting 0. until paid for. ‘These ships carry ex- No freight, except specie, received on R 3 bs At HARNDEN & CO. 5 In addition to the above line between Livarpoot and Halifax, and Boston. a contract has been entered into with Her Majesty's government, to establish erpool and New York direct, vice are now being built, and early next year due noti be given of the time when they will start. Under the n contract the steamers will sail every Saturday during eight mouths, and every fortnight during the other months in the year. Going alternately between Liverpool, and Halifax nd between Liverpool and New York. 813 NUTICE—TAPSCOTIS GENEMAL PIER ATION. OFFICE, Removed from 0 ‘South street—Persons sending for ls le em 7. part of the old apd the subseribers, on reasonable verms, to have them broug m brought ‘HE. NEW LINE OF LIVERPOOL PACKETS. ‘The Ships of ti e are unsurpassed by any other, and their immense ‘demg 1000 tons, and u, ) renders them more corfo1 class ; aud the greatest reliance may be {ualigy tn sailing. The al . George Union Li of high: passee can be : : . ‘Drafh for any amount, ithout discount in all the principel towns of Eanglsud, | Scotland or Wales, ean ue be obtained. we for to further particulary, apply f° PAYSCOTT, | te2Tre _86 South at,, 2d door helow Bi $ DRAFTS ON GK AND IRELAND—Perscns wishing to re ‘mit money to their friends in any part of in oF Ireland,can procure drafts bscribers fo y gata and the steamahip «Great Westesnow ‘fiom ew Yor! ‘tn, by either of whic can be for- warded. Wek JP PAPSCOTT: 86 South atten ani3 ve 2 doors below Burling slip FOR LIVERPOOL = The New Line—hegvlar Packet of 2ist Oct.—The tna fast sailing chet ip ROCHESTER, tons purthen, Capt. a rtton, will as above, her regular day. ight oF sbaying elegant and superior avcom- ions, apply to the Captsin on board, at west side of ‘WOODHULL & MINTURN, 87 South it. Price of » $100. The pecker ship HOTTINGUER, 1000 tons. Cap:ain Ira Barsiey, will succeed the Rochester, and sail ou her regular dav, 21st November. 523 aving a consider. ul as above. “FOR LIVERFOOL—To sail the lst gi October <The splendid new packet ship ST. PATRICK, rather 1000 tons to 1 of her cargo engeged, wi freight, or Ba Ing splendid nccommodati a) For freight apply on board a w3tool *r FOR LIVERPO The splendid fa DACK. Capt, @ sail on the ith Seve ¢ Packet Ship ADIRON- 000 tons burthen, will post- lendid accommodations for persons intending to embark should make immediate applica’ ion on board, {oot of Koose- veltstreet, orto GEORGE SHERLOCK, 150 \iniven Lane, wear South st. Parties wishing can have their friends brought out by this ship. #23 3t*r f ORLEANS—To sail on the 26th o pley, ‘as above, Having #0) imber of ngs the splendid fast sailing new packet INE, Captain Pi Her accommoda- ber’ of second cabin and steerage pas- sengers, are unsurpassed. Apply, ‘on board foot of Pine street, we. FORGE, SHERLOCK 153 Maiden Lane, 4 doors from from South street. ie, jad to and ig can be hi of Great Britain and Ire foe eres, a8 a yee 523 eer and, by applying as above. 7 FOR LIVERP were em! fi UTHERNER, hog sepelar day OL eaular Packet of the 26th at class fast sailing packe: ship Cape. Palmer, will sall as above, for cabin, second e- intending to embark on on board foot of SEP MoM Ay corer of Pine and South streets. a sale ‘Will sali as above, hi PASSAGE FROM BELFAST ST Tpunetually the i5th syemberThe ads Ww packer ship GLENN! r dey. ‘The subseriber has completed his arrangements to havea ‘aptail er regu regular line of first class si . saling the lth of jouth from the above po Beveby presenti the, f.. Kvorable npparepuity to thoes. who may feel desiowe of nose jug thei fiends brought ont from. she north of Trl farther particylars, please =pply (if by letter, post p to SOs Mem Hit AY, corsPing mid Sonth screeds or to Messrs. RICHARDSON, BROTHERS &CO., sime Vor! eet BH ORLEAS pe Tast packet ship ANNE, Capt. Hill, will meet Sesrateh for the above port. This ship's ac- Feabin and steerage passengers are unsure the above port. hd freight or iy FOR N waitin ith jor commodations fo n passed by wid now up for Passage, wi veh wa ete 4 MAN & 1'South tt. st. |. B.—The subscribers will have a regular succession of ‘ships, sailing Weekly for the above port. all 8c! | OPRANBUATS, as TEOPLE’S LINE OF STEAMERS FOR ALBANY, Direct—Daily, Sundays excej at 6 o'clock, P. M. From Steamboat pier between Courtlandt and Liberty sts. Breamboet KNICKERBOCKER, A Houghton, will leave ou Monda 5 fay and Friday evenings, doat HEN DRIK HUDSON, Capt. eon Tuesday, Thursday and Sat _ The nbove boats will at all times arrive in Albeny ia ample time for the morming ears for the Fast and West. Hreighe taken at jerate rates, aud none taken aiter 5 t. A. Wedues- ovelock. . R. G, Crattenden, turday evenings, at: o’eloel All persons are forbid trusting any of the boats of this line, Without a written order from the eaptains or ageuts. For passage or freight, apply on board theboats, or to F.C hhultz,at the office ou the wharf, UNITED STATES MAIL LINE. At Sovclock, P. M., Lauding at Intermediate Pisces From the foot of Barclay street. us Steamboat NORTH AMERICA, Capt. R. H. Fury, will leave on Mouday, Wednesday, Friday, end Sunday after- noous, at 5 o'clock. ‘ Steamboat SANTA CLAUS, Captain B. Overbaugh, will leave 4 ‘Tuesday, Thursday and Saturday afternoons, at s2ire Bo Apply op board, or at the office on the wharf: o’cloc! TO TRAVELLERS GOING SOUTH. NEW AND MOST AGREEABLE LINE TO Fredericksburgh, Richmond, Petersburgh, Va; Lynch- burgh, Raleigh, Welden, NC; and Charleston, S.C. THE PUBLIC are imformed that the new nd splendid low pressure steamer MOUNT ERNON, counecting with the Great Mail reek, leaves Commerce street wharf, Balti- M., for the $4 00 oy Line at Acqu ' more, every Tuesday aud Friday evening, at6 P. above points. Through Tickets to Richmond to Petersbur; to Welden, ‘ to Charleston Being at the same price, more direct a + much more certain than the Chesypeake Bay and James Hiver Steamboat Line, all the wide and rough portion of the Bay, between the mouth ofthe Potomac and Old Point Comfort, being entirely avoided by this Line. Travellers are advised that the Live hereby advert part and pereel of the Great Mail Line thiongh Virginia, and that it is the intention of the Companies composing the Great Mail Line that passengers shall be conveyed by them in con- nection with the Mouut Vernon, always as cheaply as by any any other line, and with more comfort, expedition and cer- tainty, than by any other Line except'the Line via Wash- ington. For (urther particulars enguire at the Southern Railroad of- fice, Prett st., Baltimore, of STOCKTON & FALLS, crat the Commerce st. wharf, or on Tuesdays and Fridays on board the Mount Vernon, of ©. W. GUNNEL, Captain. N. B.—Travellers by the above Line will bear iu mind that they have two hours more in Baltimore thaa passengers by the Chesapeake Bay, and River boats, and. yet reach any point South rsburg at the same time with these last, even when there is no breach of connection by the Bay Line. 318 tm*re NOTICE, TROY EVENING LINE. HOUR CHANGED. ON and after TUESDAY, September 15, the low pressure steamboat EMPIRE, Capt. . B. Macy, will leave the steamboat pier atthe foot of Courtlande street, at6 o'clock, P. M., instead of TP. M..as heretofore. sr FOR. STATEN ISLAND. ON and after TUESDAY, the 15th day of September inst, the boat will run as follows: Leave Staten Island at 6, 8, 10,12 A. M. and 2,4. ard6 P.M. Leave New York at7, 9,11 A.M. and 1,3,5,and7P. M. All freight at the risk of the owners thereof. slat INDEPENDENT MORNING LINE AT O’CLOCK.—FOR ALBANY from the it the pier foot ef Warren at the foot of Hammond st. board. IRON WITCH, com- leaves New York, Tues- eaves Albany, Monday, ‘an Courtlandts, West- Hyde Park, Kingston, aud re 7 O'CLOCK teamboat pier street. Passage $1 59. Touchin Breakfast and dinner provided o1 ‘The swift and magnificent steamer manded by Capt. Stephen R. Roe, | day, Tharaday, aud Saturday. Li fednesday and Friday. Landing point, Newbareh, Milton, Po'keepsie, atskill, Hudson. OPPOSITION MORNING LINE AT 64 O'- CLOCK FOR ALBANY Landing at Hammond street, Van Cortlandt’s (Eeekskitt) Cold Spring, Newburgh, New nheahy Fe Milton, Pough eensic, Hyde Park, Kingston, Upper d Hook, ‘Bristol, Catskill, Hudson, and Coxsackie. Passage, One Dollar. ‘THE new and’ fast-sailing low. ‘stexmboat METAMORA, Capt. P. H. Smith, will leave the pier fout of Warren street on Wednesday and Friday, at 63¢ o'clock, A. M. leave Albany on Tuesday, Thursday and Saturda Passengers taking this boat will arrive in Albany in time for the cars going North and West. Prochiant ca er ate on Beet re ‘are to Van Cortlandt’s Dock, 25 cents; Pow jie, 50; Hudson, 75; Albany. REET TTANCES TO ENGLAND, IRELA AND SCOTLAND. PARTIES wishi small sum to thelr Moa tw manuer through the subscribers, by drafts at sig bie in all the prineipal towns in England, Ireland and Scotland Money may be sent by letter (post paid) from auy part of the ed States to them, giving the address and the name of the party to receive it, which will be regularly forwarded by packet or steamer. "Apply to. ABRAHAM BELL & SON, au2sim*r 117 Fulton street. OLD ESTABLISHED UNITED STATES & GREAT BRITAIN & IRELAND EMIGRANT FFICE.—The Subscribers continue to bring out engers by the regular Packet Ships, sailing every five ; and also forfirst-class American transient ships, sail- ing weekly, at very moderate rates, rafts ein also be, furnished for any amount, parable throughout the United Kingdom, on application as above, ae TOHN HERDMAN 8 Co. st mamh arvect MORNING BOAT FOR ALBANY AND TROY PASSAGE ONE DOLLAR—Breakfast and dinner on board the boat. engers taking this boat will arrive in time to take the evening train of cars from Troy west to Buffalo, and north te Saratoga and Lake coe. NIAGARA, ‘The Steamboat » Capt, Wm. Elisworth, Mon- day, Wednesday and Friday, at7 o’clock, A. M., from the steamboat pier foot of Barclay street. Returning on oppo- ite days. a For passage or freignt, apply on board, or to F. B. Hall, at the office on the wharf. and re TROY MORNING AND EVENING LINE. . MORNING LINE AT SEVEN O'CLOCK. FOR ALBANY AND TROY—From the Stenmboat Pier at the foot of Barclay street Landing, at Peekskill, West Point, New: i Hampton, Miljon, Poughkeenne, Hyde Park,’ Rhi . U. idok, Bristol, Catskill, ‘Hodson, Coxsackie, inderhook and Baltimore, 1 Breakfast and dinner on board the boat. The steamboat NIAGARA, will leave om Mondaf, Wed- aesday and Friday Moruings 7 A. M. ‘The steamboat THOX, Capiaia Gorham, on Tuesday, Tanrsday and Saturday motuings, at 7 o’clock. Returning om of Forposeens oc Reighs apply om board, ores the office ou the what NEW YORK. ALBANY AND TROY LINE FOR ALBANY AND 'Y DIRECT, the foot of Courtlandt at the foot street. The low. steamboat EMPI BB. Macy, swayes the foot of Courtlaudt street, day, Thursday and Saturday evesings a5 Sere, o'clock. ‘The Steamboat COLUMBIA, Capt, Wm. H. Peck, will eore on Monday, Wednesday and iday evenings, mt 7 o'clock. ‘ Passengers taking thes the Moruing Train of Cars trom Troy west co Buffalo, and RE, Captain Tues Bonts will scrive in time to tke aorth to » ¥ all and Lake Champlain. For Passage or Freight, apply on beard, or atthe Office o» the wharf. No freight taken aficr 54 o’elock. NOTICE—All goods, f bank bills, specie, or any other kind of property, pos at the owner’s risk. ir DAILY LINE OF BOATS BETWEEN EW YORK AND STATEN ISLAND, ‘The steamboats SY LPH, tain J. Bre ted, an ‘ATEN ISLANDER, Captain D. Van Felt, will leave as follows :— eg Island at 6, 8, 9, 10 and 11 A. M; at), 2, 3, 4,5, éand7, 5 Lea lew Xr, at, and 11, A.M. ond 1,2, 3, 4,5, 6, 7Tand M. t7 P.M. Ail frelghe se the rik of of the owners thereot. Aatage will leave Vanderbilt's lending for the Telegeaph- 1¢ Station every hour throughout the day. Fare 12} cents. fi 2. SEER TTT PP Me a. RS. dale NEW YORK AND LIVERPOOL EMIGRATION OFFICE. W. BYRNES & CO, of Liverpool, are desirous of in- forming the public of ‘the United States, that, they cou- tinue todespatch A line of first class Ships ‘and Packets to New York, onthe Ist, 6th, Ith, 16th, 2lst_ and 26th of each month; and onthe 12th a d 20th for Philedelpni on the nd 2h to Boston, and ar stared periods t timore: to New Orleans during the healthy season; by any of which lines parties ean engage for their [rieads to be brought out without Smepretmant or delay, this being the oldest and large st establishment in the passenger trade in Liverpool, an having found the importance ot weet Agen United States, for the purpose of placing within the power of the frie: ds Of the pasreogers coming ow immediate cor- whom lations respondeace with a respectable. establ they can rely for # tioh and favor towards the: leaving the old country, | BYRNES & ¢ . 0. offer many advantages to parsen- ¢ attempted, in a direct communica- bed fon A dy oJ Btaves, as the spring xpense, by shippe rt. and also that of and if inited States to whi en f trae from Lei- tthe same cost as direct to New York. mn € ogents in all” UP seaport 4, from whence steamers leave for Liverpool, and in many of the interior towns, who are most attentive to emigrants on embarketion, and by whom any money can be paid that may be requived to precure sea stores, Ke. ‘The persous who act for this Company in the United States “NEW YORK—Mr. Edward Soul, 58 South, corner of OSTON—Nir. W.P, McKay, 52 Mill street. PHILADELPHIA—Messrs. H. C. Craig & Co., Market treet “SALTIMORE—Mr. George Law NEW ORLEANS—Mr. John Toole. Drarts axp Excnanar —Drafis for any amount, at sight, on the Prbvineial Bank of Ireland and all its branches, and alse on all the principal towus of England and Seodand, withoutdiscomut. ity ‘or particulars of terms apply.to,,, BYRNES CO. hy rof Woll st.. New York. 58 Bonth, corrty BYRNES & CO, 36 Waterloo Road, Liverpool. here av cm they grants are saved at their ow! the ports of the verpool, neatly a PW. BYRN payable 822 Im*m —Kegular Packet ling packet shi t, Philip Woo her regular day. e aud comfort- jee, ii For fi able state’ INTURN, 87 South street. f passage $100. lar Riker aio tons burthen, will .. 3 A Pepe u Queen of the West wed ta on her regular “oy a Before Judge Edm In the. matter of grant.—On the 31st sented to the Circuit orari to certify the c tiary on Blackwell's On the ad of Sept the certiorari thats! virtue of a commi in the following wor, City and County Osborne, Esq., one of the speci: in the pity the peace in ‘o the constab) every of them, Court. Circuit Judge of the first circuit, 16, 1846, liza Philips pre- 6 a petition for a writ of certi- er he has been, | thi | medy still left to him, carries uj and of her detention in the peniten- | party would be deprived of all means of inquiring whe- 4 er he had been justly condemned, and be al deprived the keeper made a return to | of an effectual remedy against a on excess of juris was detained in custody by diction. He would, it is tru the latter case, have itmont by one of the police magistrates, remedy by an action of trespass, but that would not — New York, Barn: y justices for prose: New Yor! cs i and of the city of New Youk: These are in the York, to command you, men, to convey to the ho stands cl Philips, wi grant, to of living, be employment she was convicted on c the said keeper, are here! your custody, in said Eliza Philips, sixty days, or unt course of law. Given under my hand and se ‘the poople of th said constables and |penitentiary the body o! te, having n herself, 5 wi mony. the said and her keep for the il she shall thence delivered b; in the year of our Lord, 1 Signed, return, and set lowing words : City and County of New that on thi servin| to be informed and county, tute, who had no tain’ herself, and meaning of the statute. W being heard by m the said justice, on the day an and county aforesaid, upon th |, a8 well as upon th }, taken before thé) e matter, being satiat ion were in all resp MeDor Eliza Philij diction in and ace that the id. Eliz: scription of the statute did therefore convict the said vagrant, and it ap ips was animpreper person to I'the undersigned, thereupon . Nash, Morrill and W. Osborne ig the peace in th ove Eliza hye! B. W. OSBORN. [L. hue controverted the of conviction in the fol- e city county of New and did coy this, unto me and gi’ the sai lawful was By eat the i‘ the said charge ‘@ Philiy a uc} 8 ™! Philips of be! pearing to that the said E} tentiary for the term of two Mr. J. D. Phillips, A red thereto, and Mr. } Mr. Nash claim lowing reasons :-— Ist. The act of who of the Clerk of tl ae ad. Thi cient which itences the vagrant to ma] of conviction thereof, which shall the Legislature filed in the he Court of Se: 23d, 1833—See. III. 4 record of conviction in this cause is i because it does not set out the evidence the vagrant was convicted. So that a court o! view can determine whether the evidence ig admissible or not. 7 Term Rep. 153. 3d. The record evidence upon which ork ; emen of the said city, and | keeper of the penitentiary | tate of New Pitiza before me with being a va- having no home or means 10 lawful hereof te ‘And you, eommanded to receive into itiary, the body of the this, 4th day of August, cts just and true, and 8 gp Vagrant within the de- gare jade and provided, nced him to the peni- 3B. W. OSBORNE. ‘for the fol- up and sign a record » It was passed come until he had suffered the wrong, and while his con- | viction would be exceeding! prempt and si remedf for the wrong done if *viN& | burdensome. 4. In all cases of special and Limited auth ally when it is penal in its character, and cised in dorog: the law, but in canvassinj J. Holtin R. vs Whistler Holt, 215, ty remarks, ‘Every body knows tha ice- | im lice: ch Pp according to the letter, and no farther. nal is plain, and thi to a summary trial different from magna ch a fundamental privilege to be tried Mansfield in R. vs Little, 1 Burr, va Green, Cald. 391,’ and Ab! bot, Ch. eater certainty is required in convictions Yer! Vv id city the defendant. solute pre-requisite to a commitment, not only is the party entitled to magistrate is liable to him in tresp: the magistrate had refused to give denounced cases where poachers are pursued with wi vengean jere was not only that, but sion also”—3 Burr 1722. T' cessity an record being thus established, it to inquire whi record tte bi found among the many examined, is in 1 Ward’s Justi in these worda. The power of a Justice of stanc charter, that a man shall be tried 0 common law of the by hit fand ion tant it Attorney, demur- iota te dewurrer’’ Ai ed that the record was void, requires the j hall be presumed in favor of the Peace ; but the intendment will be when a special power is given to a Justice by act of parliament, to convict an offender ofa justice hath strictly pursued that power ; otherwise law will break in upon him and level all hi Therefore where a trial by ju: he must proceed nevertheless office reco! whole proceeding as “' one o! £ ‘obje only remains must est summary of the law on this subj ithorities whic! 705 ; Tit. Conviction, in restraint of the common law, and in abundance of i is a tacit repeal of that famous clause in the gr: is. equal ainst it. manner, without a trial by jury, it must ap ed is dispensed withel, according course of the common law in trials by juries, and consider himself only as constituted in the place of both judge and jury. Therefore there must be an information or charge against a person, then ho jummary, his im would be very slow and ority, especi: to be ex ion of the common law, great strictness and jealousy ought to be exercised not only in coastru- the proceedings. lings. Lord ith great pro- this being a penal law, ought by equity and reason to be construed That it is pe- highly so, the defendant is put arta; for it is ya jury. Then, when a penalty is inflicted, and a different manner of ace of| trial from Magna charta instituted, and the party offend. y due | ing, instead of being tried by his neighbors in o court of justice, shall be convicted by a single justice in a private chamber, upon the testimony of ome witne I fain would know, if on the consideration of such a law, .$.] | We ought not adhere to the letter.” Hawkins, 2 Pl. C 25 Sec 18; Lord Kenyon in R. vs Jules & T.R., 544; Lord 113; Ashurst J. in R, . J. in R. vs Pain, in'7 D. & R., all maintain the doctrine, that than in in- Ss fay ot » 1346, Alexander Me- | dictments, because the defendant has no o 4 , pportunity of ty, on bring Gap me, | plea to these summary forms, and they must be ta- Special justices forpre- | jon strictly, because they must bo taken as true against 5. It is a well established rule that a record is an ab- id that without it ft te contain. ject, which I 8 the Peace is ls 5 wi before ‘en from time immemorial, beyond the ‘and records. Therefore generally nothing Justice of the Therefore of ina summary 1e@ common roccedings. ihe to must be summoned or have notice of such cl e, and of conviction does not that the | have an opportunity of making a defence, and the evi- the conviction was id, wi dence against him must be such as the common law ap- given in the presence of the prisoner. 6 Term Rep. 75. | proves of, unless the statute especially direeteth other 4th. The record of conviction does not negative the defence which the act gives the defendant, if true, 8 ‘Term Rep. 544. bth {The record ofconviction does not contain, certainty on the face of it. And for the want tainty it is void. 16 East. 13 y competent testimony, and the evidence not ap to be proved, the conviction ought to be quashed. 2 Lord Raymond’s Rep. 1387. 7th. The record of conviction not having set out the evidence generally or particularly, nor stated the facts it is bad on the face o} extraneous evidence—the to which the wit it, and cannot be supported court being summary, and the defendant, without an opportunity of pleading to the itnesses deposed th e judgment conclusi this cer. 6th, The record of conviction does not show that the ty was convicted by the confession of the offender, or wise. Then if the person is found aconviction, judgment and execut all Hf guilty, there must be according to the course of the common law, directed, and influenced icient by the special authorit conclusion there must cord of the wi n'by the statute, and in the hole proceed- ings ,wherein the justice must set forth the particular manner and circumstances, so as if he shall be called to account for the tr ual a superior court, it may appear that he hath conformed to the law and no’ exceeded the bounds prescribed to his jurisdiction. 1 Burns, 364. Aconyisttion must contain the following partic An information or charge against the detendant; ma mons or notice of the information, in order that he may appear and make his defonce; his appearan ive, on matters must be particu! ce Or Non ap- ; his confession or defence; the evidence, if he Hoar nat conto; and the judgment or adjudication. All dl rly set out in the convic- charge in a court of review, the conviction is wholly | tion. {2 Robinson's Justice, 542, Brockett vs. State; 2 void, and the prisoner ought to be discharged. ‘Tyler 167, People vs. Miller; 14 John R., 4 John R. 202] Sth. This accusatien is in the nature of a criminal th ‘information should oerrectly state the time when prosecution, and it does not appear on the face of the | takem,the place, the jurisdiction before which taken and record of col tion that the accused, while before the | the preferred. [1 La Roy 509, 2 Black Com. 141, magistrate, was informed of the nature and cause of ac- cusation egaiust her, or that she was confronted with the witnesses ogainst her, or that she was informed of her rights upon the examination, or that she was in formed that she hi favor, or to have fence. For discharged. Whereupon, after hi spective counsel ad a right to obtain witn the assistance of counsel to bove reasons, the prisoner ought to be the arguments of t! murrer, the learned I upon gave the following Ihave been so frequently called upon to discharge from the penitentiary prisoners committed on summary on the ground of some deren y in the di tl convictio! accused is a vagrant within the description of the ke up and sign a record of conviction led in the office of the clerk of statute, h i thereof, which shi OPINION AT LENGTH. of the all be the county, and shall by warrant under his hand, mit such vagrant, &c. Under this law, and one subse- quently passed, (laws of 1833) somewhat enlarging the description of the offence, and yarying the punishment, the magistrates mainly proceed in the class of cases now under consideration. And the mode of proceeding is riot by a formal trial by a jury, but is by a summary convic- tion, which is described to'be the examination and pun- ishment of offences ina summary manner by Justices of the Peace out of their sessions, and without the inter vention of a jury oran open trial.—Paley on Convie- tions I. The power is W. Jones, 139, 171 5 , 14. upon which summary conviction is on record, ij 2 » 1169, 2 Rob, Jus. 560, per Ld. Man: of 33 flenry Vill,ch. 6 ‘This was in 1644. From that | fell heres, 'Licsd, wed Hare time to the present, statutes have been enacted, extend- | R. vs. Thied, 2 Str. 919, wh” ogee has oes socal na Lae | Ronee tae PRG e a , an x $ and and Wales, the number of summary convictions in | ROx.’*,uamnford, 5 D- and Ry 489; Rex one year (184: The earliest officer going toexecute a wi peace jor a debt, and taking w: the apprehension of @ resc’ obeying the writ, apprehen the officer, until he pai arliament against carr; act of ‘The ne ity of ,) Was 71,7: ation of this new judici thus exercised ich ins' 1 Showe: ry , ite dangers became mai reported (. 43 Eliz) is that of a ch gainst a justice im a hand gun The justice, putting under so summary, 60 arbitrary, so materially affecting al liberty, and so liable fo be perverted to purposes of oppression and wrong, required ftom the Courts gre: watchfulness and care. made by the high tem of regulations and restrictions grew up, and became incorporated into and restrictions were a part of the common law at the adoption of our Constitution, which made the common when by our statutes we Jaw, the law ofour land, necessarily sub- adopted this pecu. jected it to the principl it, and we must therefo fore me, go back to the law as it existed at of our Constitution, and be governed by the rules then established, uoless in the lan they have since been repeale: more im| stood securing to us Section 2 The this 1 cipally the accused, by ment which ma: liberty, and his ¢ VII, Seo. 13. It the case now of th every summa: 8. 00, 60. 28, 649; R. vs. Eaton, Cc 1 Rev. St. 633 53.’ This is rendered necessary by many considerations. 1. For the protection of the accused, that by having a particularly describing the oflence, he may be saved from being @ second time convicted on the sume charges, Valey on Con, 5; Rex vs. Midlam, 3 Burr, record Wal. 2. For the protection of the magistrate, where he has jurisdiction, a proper record, though made out by him- self, is a conclusive defence inany action poo hope on v6, Nanney, | G. & D, 370, 6 Jurich 389; Gray vs. Cookson, 16 Kast. 13, 2 Cow Tr, 651; Matther vs. Hood, 8 Johns R. ‘a. Watkins, 1 Mil. La. Rep. 18) | Fullers vs. Fotch, Holt 287; Strickland vs, Ward, 7 T. | 631; Massey vs. Johnson, 1: suggested in some cases w! tection, even on the 8. In the absence him by reason of 44; Buque cord becomes the ing the judgment British Statutes, extraordinary since our Hence frequent decisions er Courts in regard to them, and the common law. Those reguli liar mode of trial, establi ‘alive to the dange: jurisdiction, have, and revolution, given an appe: which he can review the deprive bim of his property, hiv But our statute provides no such remedy ; our Constitution deprives him of the pro- tection of atrial by jury, and he has no other protection, left to him against the arbitrary exercise or wanton abuse of this extraordinary power, except what he may find ‘in such parts of the common law and of the acts of the legisla. ture of the colony of New York, as together, did form the law of said colony on the 19th of April, 1795.”—Const. Art. is by that common law that I shall examine before me; mindfnl throughout that no be deprived of any of the rights unless by the —Const. Al jaracter. that bi jonviction. 12 Dalt. c. 24 4; 1 Sal jastin vs. Carew, 5D. & R. 568, 3 B 28. » 2¥. R. vs Buck, 1 Str. his action in the prot rate of jurisdiction. ‘accused has ofre only means the sgelust him, and’ of 4 defect or . is not in confor. mity to, but is in derogation of, the common law; derived solely from. the proceedings under the authority so created, must be strictly conformable to the special law in from which all their force is de: statutes, and all the Immediately after the cre- instead of convicted and imprisoned fine of £10, under color of the guage of our Constitution, or altered. And it is the rtant that thuse rules should be well under- rigidly enforced, because our Constitution in al by jury, secures it only in tho: in which it had been heretofore used.—Article 7, been incorporated into our ‘was that which required a record to be made of Paley 332 R \2 East. 81. And it hes been ir the record is not a pro- | all provision for an appeal, the Laem-vs, Hooper 6 T. R.224)} So that it ma; with the jurisdiction—before a magistrate \y appeer that it had been given within the time limited by the statute; that the power was exercised at a place commensurate having juris in her } diction ai that place; (2 Salk 473;) that the offence was er de- | directly charged and not by implication, and containe3 in express terms,§every ingredient necessary to consti- tate tho crime dl y the statute. [Rex vs. Brad- he re- | ley, 10 Mod. 155, Re vs. Freelawnoy 1 T. R., 192, 2 Ld Ray judge | 791,2T. R.24.] In describing the offence, a mere com- pliance with the terms. not warrant the conclusion,y. a criminal information, R. v: vs. Pearce 9, East 358, R. vs. Davis 6 Hoole Cowp. 825. conduce to the opinion of the magistrate, 2 Rob. Jus, 648. It must appear that the summoned, or ap} Allason, 2 Str. 678, R. vs. Venables Ib. 630; justice may proceed to judgment; but , COM- | Simpson | Str. 44; vs. Stearns 19, J. R Chase vs. Hathaway, 14 Mass. R. 224. defen, fessio’ by evi o . 41; Son vs. People 12, If he denies the charge, it must idenct court msy judge whother the: tont—Rex. vs. Tully, 1 Str. 16 sed, that it in the presence of the a he had an opportunity of cross- pont, 8 + whole evidence which stance, judication. Rex vs. Killer, 4 and A., 696 ; Rex vs. Taylor, 2 Chitty, R. 6 wealtl vs. Hardy, 1 Ashmead, R, 4Ul. sufficient to state e said offence fally proved,” for thi nifest. eri’ ’s of the , from set out—2 Rob Just. 551. trate upon the evidence, as to the guilt or the prisoner. Rex vs. Harris, 7 \ rson- | Mason, 4 Dail. 266. And the adjudication we Rex vs. Clark, Cowp. 61 M., 57. 4 Ad. and E., 615; Rex vs. Patchett, R. Hazard, 13 East. R, 51; Power vs. Peopl ions je, 4 John R., 292. the jud, whole fg as @ necessary cow the liability to error or misapplication, private and discretionary sed—Introduction to Every ben 2 requisite to su) appear on the conviction itse: dity must be determined by what aj it, not by reference dehors. been seen in the course of thi principles which pervaded the se Ca 338, n, rs of rin- to judg. event. And it has view of the manifold di of so summary and ai the more necessary for them to assert and gers arising from and property, unless he has forfei' ing | of the com: answer such charges, as according to will justify forteiture or In the State vs. Sa Val i ee, In this countr; fron’ accu im of natural n against him. justice dear to the human he: 1k 200, . & C. 147 viction founded upon ez parte accusation, is 147; It is not on! lation of the most case of Rex vs, University of Cambridge, ror; and on this point, the jexpressions of J seul are so impressive, that | caunot avoid in (The objection, ons the Judge, for want of never be gotover. party an opportunity of making his defence if In Geter vs. Commissioners 4 roceedings must be as nearly av possible i} the | put in the place both of judi | Eused must be summoned j charge ree | nity of be ng view- him must all be on oath, agreeable to whe- | and reduced to writing, or at least so much The nt must be set forth, whether of denial or con- mination. to the charge, must b r Lord Kenyon; 3B. is to state the result of the evidenc: and not the evidence itself. Rex vs. Reed, Doug. 490 Rex vs. Lovett, 7 T. R., 122. And the evidence for the de- fendant as well ax that forthe prosecution must bi Rex vs. Clarke, 8 T. R , 220. The record must contain an adjudication of the magis arts quently occurred to our rary a jurisdiction, th suspension of ‘ innah, Chart. 235, the courts of Geor- language no person can Be injured, in his personal property, without an opportu. nity ofdefending himself. Ho has the right of being con- with his accusers, and of being apprised of tl udi alteram partem, is a max- ciated with every principle of our jurisprudenc: le by which the social compact is supported. all the judges agreed that the want of a summons was an incurable er- the statute will not suffice, for ir a megistrate merely states the facts of the offenco in the words of the Bet, when the evidence does subjects himself Ky aes 8. The particular circumstances which .T. R, Wi, Ard, _ must be set forth, and not the mere result or conclusion, from them, accused was ared betore the magistrate, Rex vs. and if he ne- lects to appear after proof of being duly summoned, the e must state all these facts in their] proper order in the conviction—R. va. State vs. Stokes 1 Coxe 392; Bigelow , Wend, 348; plea of the be supported nd the names of the witnesses must be set re compe- a Rex. vs. Blaney. ‘Andr. 240. The evidence should be stated to have been given may appear xv. Vie Burr, 1163; Rex vs. Crow’ , LT. R, 125; Rex rwoll, 6T. K., 75; R va. Lovett, 7 T. R, 152; R. vs. low, 8'T. Ry Lilay,'2 Chilt’, 5: and to justify the ad- R., 2063 ; Rex v 2 Str, 999, per Lord Harwick ; r Lord Raymond, vide also, 2 vs. Dot 78 ; Common: It will not be was dul innocence of yr vs. ery point to which it refers must be precise and exact, a judgment for too little being as bad as a judgment for too much. Morgan vs. Brown, 6 N. and 5 Kast., 339; 139; Cumming’s case, 3 Greenl. That the de- sign of the conviction is not merely to record the fact of ent, but to show that the proceedings required by justice had been regularly observed, and the sentence legally supperted by evidence, is everywhere eviaced already ished inregard to) by the language and sentiments of the ablest judges in examining the question be- | from they time of Lord Holt, who himself, on ‘all oc ie adoption | casions regarded the obligations of recording the ise against to which @ tribunal is necessarily ex- ‘aley on Convictions, XXXIII. rt a conviction, should 6 T. R. 538, and its vali- ars on the face of Tt will have that the same before the ng) revolution have been regarded in onrowncourts since that yurts in the maintain the rinciples on which personal liberty is dependent. The jupreme Court of Massachusetts in Chase vs. Hathaway, take occasion to say, it is « fundamental principle of jus- tice, essential to every free agen that e citi- zenshall be maintained in the enjoyment of his libert; ther by the stand- nity, and has had opportunity to and anso- jo species of despotism that the human mind can con obvious dic- Int justice Forte. serting them. f notice, can he laws of God and man both give the | he have any) Tobaceo Inspection, 1 Bay's Rep. 387.—The courts of South Carolina say, the according to ourse of trials before juries at common law ; as | these justices or commissioners are, on these occasions, es and jurors, the party ac- ; there must be a specific him, and he must have time and opportu. heard in his defence. The witnesses the rules of law, as is neces assis, condemned. A certiorari, a re- | sary to the conviction. And in cases of conviction, there | the record alon | on habeas corpus he can avail himself only of objections convicted as a va- | apparent on the record, so flagrant as to render the com- E| mitment absolutely void, not voidable only. Without a record, therefore, and that of a proper character, the | ought to befa record of itjunder the hands and seals of the Justices or commissioners, in which so much of the testi- | mony must be set forth, as will bring the offenders under the terms of the law, and evince that they have not ex- | ceeded the powers given them by the iaw. if this is | not done in such convictions, the common law will | break in upon them and level all their proceedings. These principles are deeply imbedded in the system of Jaws in our State also, and as thousands of our citix | are yearly subjected to the operation of this sum: and’ dangerous jurisdiction, it is of the highest impor- that the rules wich have been adopted ior the pur- of wesiealoing it within due bounds, should be tly and carefully preserved. Testing the record in this case by these rules, it cannot for a moment be sus- tained. The information merely states the offence in the words of the Statute ; it ot stated whether the a cused pleaded to the charge ; nor whether she was pr sent when the witness was examined: nor is any part of evidence set forth ; and the record is so drawn up, that while two mal it is one of the females who is convicted of being a vi grant, and one of the males—which one does not appe —who is therefore sentenced to the peniterttiary for twe months. © record being void, the prisoner must be discharged. State Constitutional Convention, tion from Cayuga county for an equal distribution of the Literature and School Funds to the cause of Education. Referred. On motion of Mr. Men, the secretaries were directed to notify the Chancellor that the Registrar and Assistant Registrar of the Court of Chancery have not made return to the resolution of 13th August, and that the Chancellor be requested to cause said return to be made. ‘The Convention then proceeded to the considera. tion of report No. 2, of the finance committee, ‘on the power to create future State debts,” kc. The question pending before the Convention being on the amendment of Mr. E. Huntington, striking from the 5th section of the report the clause requiring the submission ot laws borrowing money to the people. Lost—70 to 34. The question then recurred upon the motion of Mr. Shepard, PrcBonoe so to amend the Sth section that the State shall erealter control no debt or liability. Lost—73 to 31.— The section was then agreed to-—-72 to 36. Mr. Chatfield proposed the following additional section :— No direct tax shall be levied on the parle, of this State, rr) Jong as the revenues of the State shall be sufficient to meet the demands of the several sinking funds to pay the debts of the State in the preceding article provided, and the expenses of the State government. Mr. White moved to add to this section the following : Provided, however,that no more than $200,000 ren shall be taken from the canal revenues, until the Erie canal enlargement, and the Genesee Valley and Black river canals are completed. The amendment of Mr. White was rejected—87 to 55, and the section offered by Mr. Chatfield was rejected—72 to 42; and then the Convention took a rece: ArTERnoon 8: ‘Mr. St. John offered the follow- ing additional se “h— © pro’ ns contained in section three of the next preceding article for the disposition of the canal revenues, shall continue in force until the Ist day of January, 1950, and after that time the whole of the ordi- nary expenses of the State government, except such por- tions thereof as shall be provided for by other means than by a direct tax, shall be pe from the said canal re- venues, and no direct tax shall thereafter be levied upon the people of this State to pay the whole or any portion of such expenses, unless there shall be a deficiency in the said canal revenues, to pay the same after comply- ing with the provisions contained in sections one and two of the said article.” Mr. W. Taylor offered the following substitute:— “9 —. If at any time after the period of five years from the adoption of this constitution, the revenues of the State unappropriated by the last preceding article, shall not be sufticient to defray the necessary expenses of the government, without continuing or laying a direct tax, the legislature may, at its discretion, supply the deficien- cy, in whole or in , from the surplus revenues of the canals, after comp! ying. with the provisions of the first two sections of the last preceding article, for paying the interest, and extinguishihg the principal of the canal and eneral fund debt; but the sum thus appropriated rom the surplus revenues of the canals shall not exceed annually $350,000, including the sum of $209,000, pro- vided by the third section of the last preceding article, for the expenses of the government, until the general fund debt shall be extinguished, or until the Erie canal enlargement and Genesee Valley and Black River canals shall be completed; and after that debt shall be paid, or the said canals shall completed, then the sum of $672,500, or so much thereof as shall be nece: be annually appropriated to de! ernment.” Mr. Smith moved to strike out the word five and insert eight. Agreed sition, as amende St. John’s propos i 58, noes 60, ‘The 7th section was then adopted; article, as amended, laid on the table to be printed. On motion of Mr. Loomis, the report of com: number 17, was taken up, 57 to 37. ‘The. article relate to the powers of corporations other than banking. With- out progress on thi le, the Convention adjourned. Mr. Brundage’s name was included yesterday in our report in the aflirmative on Mr. White’s amendment to Mr Russell’s resolution relative to tho disposition ot the surplus revenues of the canals. Mr. B. voted in the ne- gative—Albany vIrgus. On Railroads, New Yor, Sept. 22d, 1846. Dear Sir,—I have been to Buffalo and back during the last week. The distance between Albany and Buffalo 826 miles by railroad, and done ina little over 25 hou: The travelling time is from 12 to 20 mil frequent stops. Between Utica and Buffalo the time is slow, and the cara very poor and uncomfortable, and at Rochester a delay of half an hour happens in all cases, and the luggage transferred to another car on the samo spot. There is no just reason for this detoution of the passen er, who is compelled to remain and identify his k,&c. The refreshment hous beyond Utica are Poorly supplied with the poorest viands. Coffee, bread and butter, which i ond rate, while th est quantities, are anything but invitin; ngry traveller. All the foregoing was freely discussed by the passengers in the cars, and we congratulated ourselv: on the improvement that would occur on,the completion of the Erie railroad, whigh will be wider snd the ead city more comfortablo, and thetime. and Dunkirk or Buffalo, 24 newts ig ‘The Erie Road will be completes een New York lace of 3 @8 hours. in The people of Cleveland, Erie and Northern Ohio gen- 1231 miles, erally, are moving in the matter, and by the time the Erie road is done, the other branches will be con- nected, The Canadians will have their road, 222 milos, bet) Buffalo and Detroit, completed in about 2 years, and ‘Tun it in 11 hours, making the time between, New York and ara about 51 hours, including stoppages, to which add the 7 hours for the Chicago road to the Mississippi, ‘gives 58 hours. We may salely predict in 3 years, to go to Cincinnati in two days from New York, and in 5 or 6 years to the Mississippi, 200 or 300 miles above St. Louis, in less than three days; and when im- toved locomotives and improved rails are in general use, it will be accomplished in astill shorter time. The routo via Buffalo and Sandisky to Cincinnati, with all,the pre- sent disadvantages, is done in less than 4 days, and hun- dreds of Kentuel are travelling that I% r the first time. A Menenant. U.S. Cincurr Court, Boston.—W. W. Wood- worth vs. T. Hale and al., and Woodworth vs. J. Stone.—In these cases injunctions were eo at the May term, 1845, and at the May term, 1846) motion was made, in the first named case, to dissolve the injunction. ‘An opinion was given at the same term, retaining th injunction as to one of the defendants, but dissolving it as to the other. Among the objections which were then Urged ogeinst ihe validity of the patent wore the follow: ing : that the patent was signed by H. Sylvester, as act- ing commissioner, and not by Edmund Burke, the cora- mifecioner; and 2d, that tl ent had been altered at the patent office since it issued originally. At the present adjourned session of the same term the motion to dissolve the injunction was renewed as to the first case, and another made as to the second hecag both of which’ were disposed of on] Monday. Each was found- ed on the same grounds, accegapanied by new evidence offered under the first objection, to show that Mr. Sylves- ter, at the time of signing the patent, was not acting un- der any appointment made by the President by virtue of the 8th seation of the act of Congress, May 6, 1792, but being then chief clerk, claimed to be authorized to it in the necessary absence of the commissioner, under the power conferred by the second section of the act of July 4, 1836, reorganizing the patent office. In respect to the second objection, the alteration of the pat it tent, it was farther proved that a mistake as to the time it was intended to run when renewed occurred in the tent itself, as well asin the record and copy of it; that years, but was meant to be for twenty- eight; and was afterwards altered to twenty- ight ; and it was shown that the Secretary of State sub- sequently expressed in writing his assent and sanction to the correction of the mi , though he was not con- sulted at the time when it took 8. Mr. Justice Woodbury ee: the decision of the Court, it the injunction, on the ground that uthorized by fair construction of 1a to sig sence of the commissioner—that the teration of the patent was made valid by the subsequ sent of the Secretary of State—and, finally that junctions ought not to be dissolved for mere tec! objeections.—. ston Post ous Intelligence. Rev. Charlet ©. Shackford, formerly of South Boston, has received an unanimous call from the Unitarian 50 | ciety, at Lynn, lately under the charge of Rev. John Pierport, and before of Rev. Wm. G. Sweet. Mr. Shackford has accep*ed the invitation We learn from the Pittsburg Chr Rel le that fifteen new f erection inthe Catholic churches are now in progress 01 | | diocese of Pittsburg, all of which it is expected, will be ready for service during the present your. Arrange ments are also mode for commencing ten others early A large concourse ~ riner’s Church, at Boston, Sere ay oanected with the Seamen's Bethel, under , connected Are Muspices of the Boston Port Society. of people attended the laying of the new ndone female are named in it, | ‘Wepnespay, Sept. 23.—Mr. Yawger_ presented a peti- | More of the Mexican News, [From the N. O. Picayune, 16th a The Courier of last evening says a letter has been re- ceived by a highly respectable commercial house in this city from Vera Cruz, that the Mexican Executive has rejected the overtures of our Government for a treaty of peace, on the ground that the subject of peace cannot be treated y the Executive without the sanction of Congress, and that th Congress will not be in session till the month of Dece: ber. The Courier also learns from the same source thi ths Mexican troops at San Louis Potos n order- ed not to march towards Monterey. The Courier seems to think it doubtful whether this Tejection of the overtures of our Government was approv- ed by Santa Anna, and whether in fact he was at the mo- ment presiding over the Government. T tions which have heen made to us on this subject, both verbully end by letter, are tothe effect that Santa Amna was actually in the city of Mexico, and really,though not nt. This However this may be, We cannot doubt, upon reperus- ing a letter which we received on Monday, from an officer of the Navy, that Gen. Santa Anna does in fact control the Government of Mexico. If, however, any advantage can ve gained by him hereafter from dis- ‘ing the course which Gen. Sales and the Mexican inet have pursued, Santa Anna is precisely the man nich disavowal. He isa monster of duplicity, and his affected reluctance to assume the reins of pewer at once and openly, may be a subterfuge by which to cape frown the fulfilment of pledges which has gi ‘That this reluctance is affected, is false and hollow, we have no doubt; the only question with us is, who is to be made the victim of his duplicity ? (From the New Orleans Delta, September 16.} It is an interesting question, to be solved by future ad- vices from Mexico, whether this rejection of the over- tures of our Government was approved by Santa Anna, and whether, in fact, ho was at the moment presiding over the Government. We believe the proposal of our Government involved no suspnsion of hostilities till the conclusion and ratifi- tion of a treaty—and this may have been the motive of the Mexican Government for rejecting the offer. The rejection, however, is of no consequenc, and indicates no sign of the future course of the Mexican Government, unless it was sanctioned by Santa Anna, who is probably at the head of the Government. Varieties. We are informed that the Grand Lodge of the Order of Odd Fellows in the United States, yesterday, elected Horn R. Kneass, Esq. of Philadelphia, the M. W. Grand Sire of the Order. This is chief official station in the Order. The New Orleans Commercial Bulletin of the 16th says :—That there is no foundation for the various rumors that have been afloat the last two days, of the prevalence of the yellow fever. The total number of deaths in the city for the week ending on Saturday last, was only 74— a loss number, we venture to say, according to the popu- lation of the city, than occurred’ the same time in an' other seaport or river towns in the United States. Of thi number, one is stated to have been of yellow fever. Another, of that disease, it is reported occurred at the Charity Hospital on Sunday. On Monday, and up to 8 o'clock last evening, no new cases had In private practice, three or four not authenticated. Admit, howeve: curred, and it gives no cause for cabes of yellow fever occur every yet and during this month especially, a 1 apt to assimilate to the yellow ases of fever are > assil 2 lever type. The Charity ital is the index to the health of the city, and Hosp espe- cially to the yellow fever, and the books of that institu- tton show that the city never was healthier, and never more clear of yellow fever, during the month of Septem. ber than now. Literary Intelligence The Philadelphia North American ofthe 24th say that “the Hon. George Bancroft is to sail for England on the 8th October, He has been spending a few days in this city and vi ity, researches connected with the His- tory of the Revolution. He yesterday made a tepogra- phical examination of the field of Germantown, accompa- nied by that enthusi . tic and accurate antiquary, John F. Wilson,, Esq., ‘the walking chronicle,’ and another gen- eres of kindred pursuits, and last evening left for New ork.” ¢ The Hon. Joseph R. Ingersoll will deliver the opening lecture of a course before the Mercantile Library Asso- ciation of Boston. Court ror THE Correction or Errors, Wed- nesday, Sept. 23.—Present, Lieut. Gov. Gardiner, anf 20 Senators.—No. 9—D. B. Moses and al. vs. F. Mead and al. Mr.G. Wood concluded his reply. No. 18—D. Connelly and al. commissioners, ke., ve Town of Gull. ford. Exchanged with No. 13 on the calendar. Mr. George Wood was heard for plaintiffs in error; Mr. N. Hill, jr., for defendant in error; and Mr. G. Wood in re- ply. No. 16—D.Coonley vs 8. W. Coonley; passed with- out prejudice. No. 16—G. P. Frost vs Saratoga Mutual Insuran ; postponed till ufter recess. No. 17—H. Waring vs R. Emmet, clerk, &c ; affirmed on default. No. 13--G. W. Stanton, jr., vs G. W. Stanton; cases dis- tributed, ‘Tria, or THe Kipnavrers.—This trial closed yesterday. The jury returned a verdict after dark last evening, having been out seven hours. They ac- uitted all but # lerson, the justice of the peace, on e ground mainly, we believe, that those thus acquitted were ignorant of the law, and unaware of the facts as to Jerry’s freedom. ‘dly know how the jury could avoid the conviction of all those engaged in the affair, Ithough some, orjmostfof them,were undoubtedly misled by Forbes. The jury was undoubtedly composed of men inclined to leniency towards the prisoners, or none of them would have escaped conviction. The judge, in to the jury, recognized inctly the free- ferry, ured by Allguire bringing im to Cincinnati, a8 w the permission afterwards given him to return to his mistress. Jerry Phinney, who was kidnapped and taken to Ken- tucky from this city several months since, was brought back on Thursday last, and is now restored to his family, been confined in the penitentiary of Kentucky ice he left, and is quit ciated. Five hundred dollars was paid to secure his release. We will not say as wrong to pay thissum ‘that i get him back; but we must say that the idea ot paying fora man who is just as free legally—to-say nothing of his natural rights—as any man who walks our streets, is one that fr cannot relish much, Thi 1m was paid by our ci under tho impression that he could not otherwise be restored to his s1 family. lumbus (O.) Journal, Sept. 9. JUST feccived from Auction, and offered at 9 per cent be- low Importer’s re — 300 Pambour tacked Dresses. 150 de eaty, fine do ace worked do 200 Neapolitan 100 Riviere Embroidered... IMPOKTANT TO THE LADIES. 90 Needle worked, (two Towa). 75 do do” (three row! A large lot colored Organ + usoal price. .. A few very splendid 0 0 ; A rich Assortment of real and imitation Lac Sleeves, French needlework Capes, lered Handkerchiefs, &c. &e. unusually low. PETER ROBERTS, 373 Broadway. SALE, TY YEARS. their old and well it Walker street, to- Soda Fountains, ‘&e. DRUG STORE FOR BL. SRD, FOR TWE. established stand, 63 Bowery, c« ether with Lease, Stock and Fixtui he Store ignow doiag.s good busines and is in complete order. sold low toa gi re y y WEEKS & ANDERSON, wy ttre 30 Fulton, comer Water, and 63 Bowery. Tavel ed in the Gladiator, from edt call at Ro. 100 Pearl street, - 1808 hae Ripisgin’ $36,000 TO LEND N BOND AND MORTGAGE, on productive real es- OX in this city or Brooklyn. It will be divi to Lae, iP Plican Waiel Dike, basement.” weal twee LEECHES! LEECHES! LEECHES! FRESH supply of large and healthy Swedish Leeches, 01 nant su shasers, ap te coat ee ata a cy \ packed up so as to Ge were, vy 18 Im#rh Importer of Leeches, 38 John st. SHIP BLACKSMITH. STEPHEN ROBERTS ORNER OF MONTGOMERY AND sdy Cc near the Tobacco Inspection,} is to do TRON WORK OF VESSELS with the greatest facili doing the top and on the most reasonable terms (l7" Orders from any part of the country for work of vessels, will be panctually attended to. Letters addressed as above, will ree WINDOW SHADE DEPOT, No.7 SPRUCE STREET La LISHED IN 1840, LES, wh 2 i 4 & h, wre, com giao of Tl Gaseripjons Senna 208, Signs, Banners, and Orrice No. #@ Watt sr yercen a TamiMenomanrs’ cheaper team cam be ices. ‘ and Ir aceasta" 18, Company coatinats to mauve neuinat eens PTO! LE AND RETAIL. ‘ing at manufactures JurERMSUN INSUMANUR UCUMPFANE, vigation and | Jobu,C. . Bae, erritt, a, THOMAS W. AKO. T HOVE, Searetary. BROADWAY joke I ’ P om: mith the Teanent of Liver, Meteo te ‘that was invalid ‘home im epnsequguee total Ly) . shee: frereyhs, ears 5 thi yt, We it of Dra. TLE & EDWARDS, Aurists, (381 roadway) Yn he re id has returned 3 Even, . B. M.'s Forces, Jamaica. 38 red bis heari covered his ike bees ngeon to All cases of deafness attended to. Sein see eo See ears, collections of