The New York Herald Newspaper, January 7, 1848, Page 1

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¢ Whole No, 4973, ——Sr> NEW PURTHSR ‘News BY THE CALEDONIA. SPECIAL DESPATCHES TO THE | NEW YORK HERALD, * ue, ke, be, France. Paris, Decembar 16, 1847. Report of the Bourse and Money Market. Within the last fortaight public seourities of every do- soription have undergone an unfavorable change. T're- viously to that, it was hoped that the orisis was pas!; that business would resume its normal condition, and that prices would return to and retain their ay ge amount. "The sufferings of the population, in the first three months of the year, were forgotten in the benefits of an abun. dant harvest. Money became more abundant, manufao- tures had become mors active,commerce revived. The fears entertained respecting the possible effect of thy ad- judication 01 the now loan were dissipated the mome: ti s decision was announced, for instead of falling, as was nv- turally enough apprehended, prices rose immediatr'y 01 the announcement. The truth was, that the state o; w1- certainty and apprehension which preceded that cy er1- tion, had itaelf @ most unfavorafe effect on the m rke: Bat besides this, it occurred that at the moment of tie adjudication, the crisis which had affected the English market began to eubside, specie returned, the Bank of England reduced its rate of discount, and assisted com- merce more freely. In short, confidence was in a great d-gree restored at the other side of the chanuel, and wv could not fail to be sensible here of the r ion of thi movement. Nevertheless, this momen‘ a the market has been, within the last ten ouded. Prices,which had risen, have declined, not cer tainly to the very low points to which at one epoch t! had fallen, but etill ene doenasee movement has been general and quite unequivocal . a Yet the only cause ‘Uhtch can be assigned for this which is unquestionably the true cauze,is one that might and ought to have been foreseen, ‘The vast railway en- terprises which have been commenced, vow begin to re- quire feeding on the part of the shareholders. These great works caunct be prosecuted so as to be put into & condition to bring returns to their owners witout @ speedy aod large supply of money; and calls have ac- cordingly become urgent, and must be made, notwith- standing the reluctance of the direotors to press on the shareholders, and, through them, on the market "Phe great northern line connecting Paris with Belgium aad the ports of the Channel, Bo Calais, &o , bas commenced the inevitable pressure by giving otice of a call of 75 sranos per share, making a total demand on the arket of 30 millions of francs, to be paid up before the ead of February. TI! notice had an instant and elec tric effect on the prices of every description of security, ‘and prises dzopped down suddenly. ‘The ‘Threes fell 35 oenty, the New Loan 45 cents, and the Fives 25 cents But ibis was not alone an operating cause. Attention being awakened and alarm excited, enquiries were diresved to the condition of other great lines, and the probability of approaching calls from them, and it coon became known that the Paris and Lyons line will require almost immediately thirty millions, the Strasbourg line 12 millions, and the Nantes line five-or six millions. Several other linea must either make calls on their shareholders or effect loans. In either case the same pressure will be exerted on the market, In short. there isn moral certainty that within from three to four months ry a sum ot hucdired millions must be obtained, or se gre rks must Lo wholly or partially suapended fe prospes! of this yas? presture has inevitably pro- net ¢ epproaching co a panic fo our share t. Lust week the Northern shares fell 25 francs. .yons 18f 7c, the Surasbourg 16f,the Avignon 15f, )rieans 26f 250,the Rouen Sf. 750, and the 0. ihe other hand, there ere not wanting those who \ this panic as unresgonable, and as being to 4 jegree produced by speculators on the bourse, who slouiations, sush as we have just mentioned, in oir- culation, talting care to keep out of view the numerou counteracting and compensati Th contend that the pressure will be lightened, by the payments of the dividends on the three per cents, which will be made ta a fow bei and which will alone throw about thirty millions on the market. Of the thir- ty millions catled for by the Northern company, twenty yaillions will be retyrned to the treasury, and will fing their way bick to the public in the shape of the divi- dends of the fives, whioh, dating from the 224 March will throw from sixty to seventy millions on the market Even the remaiaiag ten millions of the Northern call will not be immediately expended om the works, and o good portion of it will find its way back tothe market to aid in the psyment of tho monthly fastalments of the loan. It is contended, therefore, that the condition of the market is in reality much less alarming then the actual quotations of the bourse would indicate. Under the in- p of a good harvest, if such should occar, affairs, whieh have declined, will revive, and resume thoir aver- age state, What it is realiy important to ascertain, in order te arrive at esfe conclusions as to the pros- pects of the market, is whether the various enter- prises in which the ospital of the country is thas ing gradually more or less absorbed, are realty gocd or bad, profitable or unprofitable. It is contended that no one caa doubt that great traak lines of railway, leading from the cepitalof france to Belgium, and the English channel, to yous and Marseilles, to Strasbourg, and the German States of the Rhine, &o., offer a really and per- manently profitable investment to capitalists. It is fair to look at the profits they must instantly realize,as they ere successively completed, in juxtaposition with the temporary sacrifices which their coastruction renders inevitable. Panis, Dee. 16, 1847. ‘We are still here inthe same stagnant state. The reform meetings go on in the provinces with a certain spirit. The Chambers open on the 28th, when a strug- gle between the ministerial party and the opposition is expected to take place immediately, on the question of the election of the President of the Chamber of Depu- ties. The ministers will proj to re-elect M. Guizot. The candidate of the opposition is not yet decided on. Switzerland. Beane, Deo. 12, 1847. The inter-cantonal war is atan end. The insurgent cantons have submitted, almost without # blow, to the federal authority. Notwithstanding the loud boasts of the Sunderbund, seven allied States have laid down their aras in » week, the federal troops not losing an hundred will fall to the ground. At preseat we aro disbanding our troops. Those of the Sunderbund are already dispersed. New elections are taking place in the cautons of the League, all of which will produce a liberal majority. Italy. Rome, Dee. 8, 1847. In the Itallan peninsula, the work of peaceful reform progres 1n our Eternal City, we have a new parlia_ ment, under the title of a “Council of State,” and a new muntoipelity, which will be the model for similar in- atitations in our other cities. The evacuation of Ferrara by the Austrians is certain. The dispute between Tus- ouny and Modena is in process of settlement by the ar- Ditration of the Pope and the King of Sardinia. The States of Piedmont and Tuscany are advancing steadily in the same course of internal reform. A customs league has been concluded, and although wen still holds back, we have every reason to hope that the King of that country will onen his eyes to bis own interests he does pot frankly adopt aaystem of rational reform, in secordance with the epirit of the times, a revolution will become Inevitable. Views of American Affairs In England. (From the London Daily News, Dec ‘The party tactics of the Congress, which meets at Washington towards the end of this month, will be watehed with keen interest in America, for the stake P for is the Presidency whige, es the assailing party, are most forward in ti vement ; the democrate, as the party in power, display more of diplomatic reserve. Gen, "Taylor, Mr Ctay, and Gen. Soott, have been successively named by sev‘ions of the whig interest ; no candidate has as yet been distinctly named by the government party. ‘The policy of the Union with regard to Mexico seems to be the question on which the rival parties are pre- paring to try each other’s strength. The declarations made on this topio—as yet all on tho whig slide—may be taken as an index of the national wishes. Mr. Clay bas uureservedly acclared against the Mexican war, against all territorial acquisition by its means. profession has been favorably received by the section of public opinion in the Vaited States which corresponds to Exeter Hall in this country, but the real whig party demwurs to it. The indeed, to avoid the dan, profess 'o adopt Mr. Clay’s manifesto, only with a modi- fication, ‘They ask no territorial acquisition beyond a narrow slip of land along the Paoifie, to conuect the harbor of San Fernando with Oregon, and incorporate the port into the American territor: Bot some more fiery spirits deciare against this attempt at compromise, vow that Mr, Clay must bo thrown overboard, and go over to Gen, Scott, It seems pretty clear that Me Clay has overshot the matk ; that his quaker policy will not go down with the electors of the United States. Ana logician, Mr. Clay is quite correot in calling the war with Mexi¢o @ necessary consequence of the annex- ation of Texas. A party inan, he is consistent, having oppored the one, to denounce the other. But, as’a poll ticlan, he thereby sets bimeelf in direot opposition to @ national policy, commenced and persisted in, long b fore the sanexation ef Texas; of which that annexa- tion ia as natural and necessary « consey war with Mexico is of that annexation. Both eventa are simply stages inthe natural develop- ment of antegoniem between Mexico and th which eommanced with their disp astern boundary of Louisiana, both republics were set upon the possession of the terri- Borthward from the Guil of Mexivo, de, jusrorsof the desert to the uses of man, wished for a eld wherein to give free play to this instinct, immedi- ately west of their great mart of New Orleans. The Mexicans, unwilling to surrender a territory which nominally appertained to them, but upon the occupancy of which they had never entered de facto, refused to comply with the wishes of their neighbors, Tae will and power to use the disputed territory were the main ‘ounds upon which the American claim rested ; that of Mexico was based upen duly formal diplomatic titles The Americans resolved to * bite their time,’’ The dog-in-the-manger character of the tenacicus grasp lnid upon Texas by Mexioo soon beoame apparent. The Mexicans, unable to colonize Texas, invited citizens of tho United States to do it for them. The calculation of the Mexicans was that American energy would do what they could not—render available thenaturel wealth of ‘Texas—and that the thriving Yankee settlers would remain contented subjects and tributaries of Mexico. In this balief, the governrient at Mexico began rather too soon to apply to the sturdy settlers it had called in the measure of justice it had been in the hsbit of ap- plying to its Spanieh and Indian populations. The re- sult was an insurrection, in the course-of which the al- most exclusively Anglo-American population of Texas seers itself trom ail dependence ov, or connec- tion with, the central government in Mexico. Texas ‘was recognized as an independent State by France and Eagland. Nowthe time had come for which the go- vernment at Washington, as representativa of the Ame- rican people, had so patiently waited, Texas, free from its former ties, was at liberty, in virtue of its indepen- dence, to contract new. Its adult citizens had, almost to aman, been born citizens of the United States; they were, naturally desirous of relapsing into their old cha- m j} and Texas was incorporated into the Union. Still, Mexico hud not recoguizsd the independence of Texas, and dreams of reannexing it to the Republic had not ceased to haunt its rulers. Though warned by the government at Washington that T'exes; having now be- come an integral part of the United States, would by defended by the troops cf the Union egainst avy foreign invasion, the Mexican authorities levied troops and oon- centrated them in the direction of the Texan frontier. The predisposition on both sides to decide the disputed right to the soil of Texas by arms, was stimulated by whole host of grievances, mere or less real on both sides Mexicans and Ae:cticans were alike eager for war, sud war was inevitable ; which party was demonstrably the — or may bo left to the pedants of diplomacy to ecide. In this war the Mexicans have been beaten at all hands. In » wonderfully short time, with seemingly most inad quate means, the Americans have made thew- seves masters of four northern states of the Mexican Union, of ail tho Mextean seaboard on the Gulf cf Mexi- co, and of the capital of the republic. The Mexican ar- mies have been aguin and again beaten and broken up. Uhere is no real Mexican goverament. The Americans, conquerors in a regular war, are, by all the laws of Gro- tius, entitled to dictate the terms of peace. They have fought weil, and they have fought fairly. Had they not obtained a final and unequivocal recognition of their sovereignty in Oregoa, policy would heve taught them to be contented with the frontier of the Rio Grande. Bat as soverrigns of Oregon, the anurxation of San I pando is an object to them; they hold, and can con- tinue to bold, that harbor, and the intervening territory tor js their frontier; and there can be littin doubt tbat. they will exact this cession, at least, on the part of Mexico, as a compensation for the expenses the war has entailed upon them. We do not take upon us to say, that there has been nothing in the conduct of the United States throughout these transactions, of which Mexico has not cause to complain; but we could show that Mexico has rep-a ly given just cause of complaint to the United Szates. And Mexico, in the wilful ignorance of vanity, has pro- voked @ collision with @ power far ite overmatch in strength Even yet, though deubbed in a manner of which women might be ashamed, the rulers of Mexico (if any there be) appear unaware of how entirely they have been beaten, They seem not disinclined to pro- tract indefinitely, not » struggle, but thesettlement of adefinitive peace. And the consequence of this folly can only be the exaction of still heavier concessions by their antagonists. The Mexicans have their own want of prudence and evergy to thank for the scraps they have got into. That the U.S. are resolved to turn the blurders of their rivals to account, may not equare with the dictates of an ideal morality; but, for proposing to retaia their hold upon the sorthern part of California,where is the State eniitied to throw the firs! atthem? Not France, while it retains the Palati on one hand and Alecia cn the other ; not Prussis, while it holds fast the Saxon province; not Russia, while it reigns at Warsaw; not England, while it retains half its colonies, to sgy no- thing of India. It is ridiculous to attempt to make that @ crime on the part of the government at Washington which, in the case of European governments, is ullowed to be the inevitable coosequence of the more powerful nation in all cases of international quarrel being obliged ta be judge in its owm causa. ‘Tois is the light in which the quostion is viewed by an immense mejority of the ‘practical influential statesmen of the North American Union, and the successful can- didate for the presidency will be the man who is pre= pared to act up to it. That the victories gained by the Americans in Mexico will be @ source of advantage to thei republic, may be questioned. It is more than doubtful whether they wiil be able to relinquish their hold of any part vot the (ppd Sau and i me ico rove their Ireland. Bu’ tart Seivecar Yat to Fecode, without however to justify that virtuous indigna- which would write the annals of the Mexican war a romance, with the American Union for the unmi- tory, and the Mexican republic bi iii tigated villain of the for the suffering saint General Taylor at Natqhez. [From the Free Trader, Dec. 23 } At 9 o’clook yesterday morning tbe boom of old Saratoga aunounced the arrival of our distinguished uest, Major General Zachary Taylor, accompanied by fis alas, Mejor Bliss and Captain Garnett, at the land. ing where the committee of the reception waited upon him, and having taken him into the open carrisge pre- pared for him, proceeded to join thy procession tormed io front ofthe city. The procession, composed of the General, Colonel, and Lieut. Colonel and staff offlosra of the 4th Regiment of Mississippi Militia,the Adams Light Gaard, Natchrz Guards and Cadets, aud an imum throng of eitinens, proceeded up: Main street to the Insti- tute Hill, where the ceremony of crowning the hero by the young lady pupils of the institution took place. Af- ter this ceremony was over, the procession moved through our principal streets until it arrived iu front @! the City Hotel, where the General was wolcomed by Meyor Stockman in any eloquent and appropriate | aiyie, to which General Taylor ropiied in a few brief rentences. Immense chering grested there speeches and the smiles of thoussods of ladies, who thronged every window in the vicinity, and a perfect crowd of gentlemen, welcomed the great hero to our hospitalities | After the king was ovet andthe applause had sub- sided, the General was conducted to the parior of the hotel, where gentlemen and ladies,to the number of reveral thousands, pret upon him, eager to vake by | the heud the gallant man who hed performed such pro- digiesin valor, and led our arms to victory and renown | against euch fearful odds. . A mort sumptuous entertainment was spread in the dicing room of the City Hotel, of which every body, jadies and all, partook. After the ladies retired, the following regular tonats were read off by Captain Nevitt and Judge Dubuisson, and were received with great applause: — lst. Our Country! May-she be always right; but, right or wrong, our Country 2d The President of the Un'ted States. 3d. The Memory of Washington. 4ch. The patriota,sages and heroes of the Revolution. 6th. The Union.—Withered bs the arm that would be raised for its deetruction; palsied be the tongue that would give utterance against it Gth Gen, Zachery Taylor—Eulogy may be exhausted io extolling the velor of the soldier, the comprehensive- ness of the leader, hut the love and gratitude of the Amerizan people are inexhsustibie; they honor and re- vere in him the attributes that ranct.ty their veneration for Washington 7th. The Army and Navy of the United Staten. Sth. Major General Scott. © 9th, Our flag—the herald of freedom, the type of victcry; bemeato its ample and protective folds, virtue, liberty, and equal rights tind there » dwelling place 10th Mejor General Quitman and the officers and pri- vates of the first Micsiesippi Rogiment—Miesissippi proudly points to her jewel: llth. Ths Battle of Buena Vista —that eventful etrag- gle, where the indomitable valor of four thousand Ameri- cans, in open field, achieved a glorious victory overa mighty host of twenty thousand Mexicans. History has yet to await its paraliel. l2th. The memory of the galiant dead who fell in Mexteo. . 13tn. The Ladies. } ‘The sixth called General Taylor to his feet, and he re- | plied to it in a short, but feeling, and highly appropriate speeoh. A large number of ¥ iteer toasts were elso handed ia, one only of which we could hear; that was— the gallant soldier and accomplished gan- © this Majer Bliss ga’ Natchez and Adams county—renowned for the hospitality of their citizens and beauty of the ladies; this day’s exhibition more than confirms this reputation.” hi jay the utmost enthusiasm seemed ‘eat crowd assembled to ?o honor to our t, and many were the tokens of esteem, ind gratitude he received. Gen Taylor, Maj. Bliss and Capt. Garnett remain in our city until to-morrow—they will then take passage for Baton Rouge on the steamer (id Hickory, The General the enjoyment of fine health, and looks much | ather beaten than wo expected to sce him ee “4: campaigns fe Mexies, a ‘ourier gives the fol Tato the Mayor's welcome jah following reply of Gen. Mr. Mavon—The warm and affectionate welcome with which the people of Natchez have honored me, oan be but feebly acknowledged @ny words of mine. Few now remain who were on tho active scene of life when | first became acquainted here; but I see their children around me, and the open hands and hearts of their sons, and the bright eyes of their daughters, render this greet- ing doubly weloome. You have alladed to my services in tho field In such flattering, though I fear, undeserved terms, that [ must fay & few words in rep! To the bravery ot our troops, regulars and volunteers, are our successes in Mexico due; to thelr bold ta and stout arms we must as- cribe the brilliant victories which have shed so lustre upon our arma, and none among thom hi more conspicuous than the First Regiment of t] ‘Iuteresting War Intelligence. THE DEPENCE OF GRN. SANTA ANNA—THE BATTLES OF CONTRERAS AND CHURUBUSCO. Derantment or Wan, Tenvacan, Nov. 19, 1847, The despatch of your Excellency, under date of the 6tb inst. informs hat in obedience to a decree of the General Congress, of which you send ins a copy, re- lative to the documents whioh may exist relating to the events of the siege and the loss of the capital, his Exeel- lency, in charge of the Supreme Executive Powerdirects that I sholl present a report of those military op»rations, in order to bring them to the kuowledge of the Supreme Government, Complying with the wishes of the goveromont, and with the duty Imposed on me by the character of ge- neral-in-chief of the army with which I was invested at that time, | shall proceed at once to give a plain narra- tive of that part of ay operations which is sti!l wanting, Your Exoelleacy will perceive by the annexed note, whioh | was on the point of addressing to your Exoel- lency when | received your communication, and which explains its motives and object, that I had already made » report which embraced events which took place ante- nor to my entrance into the capital at tue end of May lust I have explained ia my official doouments that the object of my march from Orizaba to Pusbla was to in- crease, equip and organize the small force I had at my command at that date, and to make a vigorous defence, in cane I should be assisted by the powerfal resources of that Staté. Unfortunately, | found that city dismantied, without troops, without materials of war, as the genral comtnanding had ordered them to other points ; and b: the near approach of the army of the enemy wuo foi- lowed my tooteteps, aud left meno time for any under- taking, | was foreed tocentinue my march to the capi- tal of the Republic Lexpected to find in the cxpital great preparations tor defence, but discovered, {ustead, symptoms of revo- lution, which were fortunately dispelled by my presence. L also perceived with regret that its abandonment had been determinedupon, believing it destitu'e of means of defence, and that the adminisiration of Tobacco, the archives and other phirats, had already commenced be- ing sent to the interior. I hastened cn this account to call @ meeting of all the generals present, which took place the day after myarrival, In conformity with their decision, | resulved to take charge of the government, an indispensable atep in order to prepare for the defence in accordanos with my wishes, As there was go litile to di f, and as an army, fortifications, materials of war, and above all money, were absolutely indispensable, my difficulties were as great as my efforts were required to be. On this point Trefar to vouchers which rust appear in mialsterial departments, and which [ heg may be presented by the ministers who had the painful ta:k of being associated with mv in those days of affliction. | do not annex them, as at this place | am d+prived of my private ar- chives; but the government oan easily procure them in order that it may bs mada apparent that every thing was attended to, and nothing omitted which evuld ae- cure s good defence of the capital against @ victorious army, provided with every nppurt nance’ required to carry on wat with success. His Excellency Don Nico- las Bravo, general of division, was appointed general. in- ohief of the army of the east, and Gen. Don Manuel Rincon bis second in comm: His Excollenoy Gen Don Gabriel Valencia, wi ppointed to the army of the north, with Geo. Don Mariano Salas as his secoud in command, These two generals prooseded at once to their destination, but the other two resigned a few days after their appointments, in consequence of which Gen Don Manuel M Lombardini was nominated general-in-chief of the army of the enst, discharging his trust to the ea:isfaction of the governmant, until, owing ty the approach of the enemy, I took commund-in-chief of the army, in virtue of the extraordinary powers wich the supreme congress had been pleased to graut by its deoree of the 20th April, for the better success of the war against ouc invaders, Having designated the points which were tobo transiently fortifed in the first ana second line, not a moment was lost in obteining materi- als, laborers, &c, and in leesthan three months respec- table fortifications were raised, which were directed first by the general of brigade, Don Casimiro Liceaga, and afterwards by the chief of engineers, Don Ignacio Mora y Villamil, and these officers not only gave proofs of their skill, bat labored with a perseverance and ac- tivity whioh must always redound to their honor. Im- mense sums were inverted in #0 many works, nesessary for soextendedaradius, but thera never any Want of the necessaries, as can be veriied by the commissary of the army. As the ranks of the regular arny were exceedingly deficient, it became necessary to have recourse to raw levies,and to the bodies of the National Guard. (here was no clothing in the stcres, no supplies, no acocoutre- ments for horses, no utensils of any kind, and it beoxme necessary to procure them by making contracts. Hav- ing hardly any muskets, hed to order purchases at any price, and with those thus obtained of which many were without Ley par? and with such as were repaired in the armory, from those previously rejected, | suc- ceeded in —— may focore. As the pesteriel ban war was very scarce, indefarieabie niet tillery, Brig. Gen. Don Maazuel Carrera, to pe what was necessary in the large workshops established for that purpoee, where the work was carried on cessation, and which required large sums of mon: Many pieces of artiliery were brought from san Luis, and others from the south, and even those cast of iron, which were in bad condition, wersrendsred fit for ser- vice, Nothing was neglected to place the capital in the best state of defence. On my arrival in the capital, thers existed no other sum in the treasury then one hundred aad odd thou- sand dollars, in drafts ot the clergy, part of the million and a half granted to the Government during the days of my absence, and [ obtained the sume which so many end multiferious domands required, in which | was most efficiently assisted by the Minister of Finance and his good connections. In the equares and in the suburbs the reoruits were daily dritied. and the chiofe exerted themselves eo en- ergetically, for the advancement of their corps, that in a tew days they were transformed isto brilliant bri- £ 8, which inspired the most flattering expectations. ‘he fortifications advanced projigiously. In ali dires- tions were seen workshops engeged in making equip- ments for the troops. Ninety pieces of cannon were gat in readiness, and at Jength 29,000 men were armed and equipped, inclading in this number 5000 veterans of the army of the north, and the twenty-four pieces of artillery brought by his Exceilency, Gen. Valencia, feom San Luis Potosi. ‘herofore, on the lith August, when the enemy showed himself in the neighborhood of the Peaon, our sit- uation wes imposing, and confidenceand enthusiaam were visible in every couatenance. [ appeal to all the inha- bitants of the city to beer witness to this fact. His ocllency, Gen. Don Nicholas Bravo offered his se and I piaced undye his orders the line of Mexi Churubuseo and San Antonio. “is Sys Don Juan Alvarez, with ths division of cavalry which | placed under his charge. | ordered to station himself in Nanacamilpa,in order to gain the rearof the enemy, aad to place himself between him and Puebla as soon as he should have pasged San Martin ‘Tesmelucen. ‘The in- structions given to this general must exiat in the War Department; they wora, tant following the rear guard of the enemy, he should harrass whenever possible, and to attack with decision whenever he should see him enga- ged with any of our fortified points, to take advantage of every error, and to act with due prudence. His Ex- cellency Don Gabriel Valencia, with his complete divi- sion, [ ordered to take position at Pekcoco, and trans- mitted to him instructions which be must have in his possession, and which must also be found in the office of the Secretary of War, in the Department of Operacions His principal object was to watch the euemy, in order that if he should take the direction of Texooco, he might fall back on Guadaloupe Hidalgo, where, taking porsession of the fortified positions, he was to await or- ders and reinforcements; but if the enemy should de- cide upon attacking the Penon, then he was to attack his rear guard, in which movement the division of caval:y under the command of Gen. Alvares was to co-operate, having recoived timely instruction to act in concert with sald general | proceeded to the Penon in order to be in front of the enemy, and to be able to direot the opera- tions with ruc At this point his Exoelleney, ge al of division, Don Manuel Rincon, prevented himself, and I entrusted co him the command of the principal fortifications ot thateminence At the same time, aad with equal enthusiasm, his Excellency Gea. Don Jose Joaquin de Horrera presented himself to me, and I ap- pojuted him my second in command. His Excellency Gon Dou Jose Mariad’ornol was alto employed as quat- termeot-r general, manifesting the greatest angiety t» serve tho nation ja this cam: 2. ‘As it is impossibie to carry in the memory the num- bor of troops, @rtillery, amimuuition. Ko, which garri- soned all the points, and asim order to give an exact detail it would be necessary to have before my eyes the goneral returns, which wee imporsible to obtain here, nor the plans, which the director-in-chief of the engi- neers ought to furnish, I will limit myself tospeaking of tho eventsingesaral, and of my reepective measures, reserving to myselt to present them with the das reqai- d accuracy in the historical sketch whieh | om ing, in order that the nation may know how much bas been done in its service and who aro its faithful ser. vants, The invading army, under the orders of Gea Scott, disdained the battle which was offered to him at the Penon, no doubt because our positions appeared to him yery strong. and I think his good fortune preserved hia from having failed agsinst them, as the Penon was perfectly fortified, and as even bis projectiles could have been of little use tohim In the plan of this important point may be aeen the works that had been arranged so skilfully, and the merit of such stupendous iabors per- formed in 89 few days Gen. Scott having taken the direction south of the capital, after reconnoitering the fortifications of Mexi- calcingo, which he dared not attack, Rnowing that there alzo he could be combated to advantage, | was under the necessity of changing my headquarters to San Ma- teo Churubusco, close to the bridge of Sau Antonio, the mostadvanced point of that line. The march of the « y waa Inborious and slow over the road he had to pass, and chis time was employed in fiaishing some for- Udoations and in improviug others. Gen. Alvarez fol- lowed the rear guard, burning for an opportuaity to a tack It. There being no doubt that the design of t! énemy was to occupy the city of Tiaipam, Gen Valen- oia was instructed to chang» nis position, by withdcaw- — ‘Texeoco to the city of Guadaloupe Hidalgo, ia order to pass afterwards to the village of San Angel, which he did. Brevet Gen. Don Franoiseo Perez, commander of a | aplondid brigade, numbering then 3,000 men, waa order- eu to take position at Coyoacan, thus covering the line formed by Mexicaicingo, the bridge of Churubusco, the convent of the same name, Coyoacan sad San Angel reating on and serving as@ reserve for the point next pI For myself, | can only claim the oredit o wing horas my daty to the best of my ability. . " to San Antonio, This place was well fortified and garri- roned, anu as ailour foroen were contiguo so anal they end T became there ‘be the Tom peoted by some reconnoirsances of the enemy, that he intended to march on T'acubaya. Gen. Valencia was ordered to fall back on Coyorcan and to supply Churu- busco with six pieces of artillery, believing him to be at San Angel, where he ought to have been to wait for fur- ther ers, My plan of concentration on the second ve was beceming indi able, and it was also neces- for the troops and t: ia and indignation which I ience of my orders by Gen. Va- leneia, be attested by Gen Torael und the Minister of War wo handed me his answer at eleven o’clock at night on the 18th of August. The same generals can algo reveal the pres which [ then made in conse- quence of so irregular a proceeding which upset all my combinations. ‘ly first determination was to deprive General Valencia of his command, and givethe same ordar to his second in command, but the above named general calmed me by judicious reflectioas, springing trom the best intentions ; and after a long consultation, in order to avoid a rupture in front of the enemy, | finally consented to inform him, that without approving his arbitary conduot, he might act upon hisown respon- sibility ashe might think proper, Hattering ourselves, it is true, that this message would make him retrace his steps Uafortunately it proved otherwise; he con- tinued stubbornly to pursue the path of perdition which he had marked out, and to-day the vation deplores the result. On the nineteenth, at about two o'clock in the afternoon, an aid-de-camp of General Valencia resented himaelfto me at Sin Antonio, informing me in nis nate that the enemy wes approaching Padierna, the pino» where own accord stationed the Division of th» rth, audalded that from the capnonade which he ad heard along, tae road he consl- dered the battle commenced. This information was to me the confirmation of the great misfortune which | had foretold the night previously, aud showsd that in spite of himself the disobed general began to see his error. Notwithstanding his ular conduct, from that moment | only strove to save him, aud to save the worthy soldiers which ia an unlucky hour I had placed under his charge. [ therefore despatched an aid to Co- yoacan with orders to march the brigade of Gen Pores to Padierna. and { started immediately ate gallop for the same point, accompanied by my staff, by the Regl- ments of Hussars and the “2d Regiment of Vera Cruz, together with five pieces of artillery. I overtook said brigade issuing from Coyoacaa to Sun Angel. and owing to some cannouading which was heard, -{ made them ac- celerate their pace until they reched the height front- ing Padierna, from which [ could observe the fatal posi- tion of Gen Valencia. Vhis happened at 5 o’clook in the evening; and al- hough [ endeavored to form a jurotion, it was found possible, being cut off by the enemy and by the ground which he had left in hisrear ‘There was only one pass- able road left from San Angel to Pedierna, which was very narrow and commanded right and left by positions of which some battalions of the enemy had already taken possession, I sought a passage by the flanks, bat [ became convinced by thore weil acquainted with the locality, and also by my own observation, that it was not eaay to undertake any further operation dariog that evening, as on the right it was rendered impracticable y & deep ravjne which extended for more than a league towards some height situated south-east of San Angel, and by broken ground and rocks on the left. Night having overtaken ine during my reconuoitering, I bad no other resource than to encamp and wait for the day. Shortly afterwards a violent storm, accompanied by torrents of rain, obliged me to order the infantry to take shelter in the neighboring village ot San Angel, with orders to present themselves at thecamp at the break of day, where I left the cavalry and artillery, who passed a cruel night, as it did not cease raining till day- light. ‘Taking into consideration the sufferings which the army of the North-must undergo during the rain, with- out shelter, aod that neither men por arms would be fit to give battle the next day, desiring, also, to avoid the defeat which I foresaw, [ ordered Gon. Valencia to spike his artillery on that samo night, and to fall back upon San Angel, for which purpose he might employ the same guide who conducted my aid, Col. Don Jose Maria Re- miro, bearer of my order. Unfortunately he spurned and diaobeyed my order, and remained in that fatal po- sition. Unenay from the apprehensions which the teme- rity of Gen Valencia meuge tiny Gorey in me, | ordered, at the first raysof day, the brigade whioh had taken eltor in San Angel, to commence its march. ‘I'he same was done with the brigade of Gen. Rangel, which | had drawn trom the citadel, determined to open a road to Padiorna at any cost. I was marching at the head of these brigades when I heard a firing of musketry on my vanguard; the pace was quickened, and before mo ap- peared equads of our cavalry, who were in retreat, aud from whoa: I received the fatal tidings that | apprebend- ed. Aseoon as | had no longer any doubts about the dofeat of Gen. Valencia, | commenced my countermarch with the deepest sorrow. This general, either badly advised, or guided by. @ blind ambition, thinking a vio- tory casy, with the splendid division which he com- manded, rushed into crims with a double view, either, if fortune favored him, to epproprinte to himself all the glory; or, if he failed, to throw on me the responsibility and the consequent discredit. This is proved by the YORK, FRIDAY MORNING, JANUARY 7, i848. jurious to reputation, can no longer keep seorst what, in those days, it would have been treason in me to publish. As in the annexed report, previously referred to, will be found the events subsequent to the armistice, | conu- clude for the present, adding copies of the correspon- Seay ah, preceded resumption of hostilities, marked No, 4 Your Excellency will please receive the assurance of my particular esteem, God and Liberty! ANTONIO LOPEZ DE SANTA ANNA, To his Excellency the Minister of War and Marine. In the Mexican papers received by the New Orleans, we do not find the continuation of Santa Anna’s defence or report upon the battles of Mexico, the armistice, &e., else we would give it. Two or three letters from him are published, written as late as the 20th of November, from Tebuacan, but neither of them possess interest for readers here. An impression prevails that by the New Orleans later dates from the city of Mexico were re- ceived § This fi error. ‘The Teviot brought us letters and papers. from Mexico five days later than the former teamer,—N. O Picayune, Dec. 30. LATER FROM GEN. WOOL’S LINE. From the New Orleans Picayune, Deo. 30 The United States steamship Telegraph. orrived yesterday from the Brazos, whence Deo 24th. She brought over Messrs. Stephenson and Shaw with the remains of the late Capt. Stephensoa, Dr Haley, wife and child, and Mesers. Geo Judkios, J. Mau- ran, and Coudas, Captains Dubs and Stotesbury, and Mersrs. J. Nixon, andJ B Fontatoe, and forty on deck The following are the first general orders of Gen. Wool, upon assuming the command of the army of occupation: Heapguantens Anmy or Occvuration i Mowrenny, Deo. 9, 1847 ORDER NO I. The order of Mej Gen Taylor, No. 132, places the un- dersigsed in the comand of the Army of Occupation In eatering upon the important duties assigned him, he wonld announce to his command, that no efforts oa his part will be spared to place it iu the most efficient condition, in order to be prepared to meet any move- ment which may be required In there efforts, ho anti- cipates to be ably sustained by his troops, and especialy by his officers The people of the United States are anxiously looking in this direction for an honorable termination ct the war. ‘The victories so glorious to our arms at Palo Alto, Resaca de la Palma, Monterey, Buena Vista, Vera Cruz Certo Gordo, Contreras, Churabuseo, and the city of Mexico, have failed to produce the desired result. Mex- ican armies, one after er, have been beaten and dispersed, and their capital taken; yet the Mexicans would continue the war As peace, from all we oan learn, appears far in the distance, we are culled upon to prepare for coming events. Pleasure must give way to duty; our whole duty, and nothing but our daty Obe- dience, order, discipline, and justruviion murt be ropidly enforced, which the iaerest, honor, and glory of our country imperiously, demands. All orders, hitherto issued by Moj. Gen. Taylor will be j enforced until otherwise directed. The following officers are announved as chiefs of the staff attached to the Army of Occupation Bvt Capt Irvin McDowell, assistant adjutant general at headquarters; Capt. W.D Kraser, chtef of wngineers, d aid-de-camp; Maj. Lewis C: r, 3d Deagoona, ting inspector gen Washington, 3d Artillery, chivf ofartillery st Saltillo; Capt G.D. Ramasy, ordnance department, chief of ordnance at headquarters; Col. Henry Whiting, Assistant Qr. M. Gen , chief of the uartermaster’s department at Japt. E, 8. Sibte nt quartermast: jeadquarte: ‘apt. TB: rd, ohief of the topographical corps at Sal. L’ Sitgreaves, corps of topographical engi- t headquarters; Capt, A. B a, commissary of subsistence, chief of the commissary department at the Brazos; Capt. J.C. Casey, commissary of subsist- ence at headquarters; Surgeon Jarvis, chief of the medical department at headquarters; Mej. D. Hunter, cbief of the pay department at Matamoros; Maj. W. A Spark, paymaster at headquarters. We have the Matamoras Flag down to the 22d of De- cember. Inthe number ofthe 19th, we finda notice of several murders of Mexicans committed on the San Fernendo road. Among them was Ramon Kaz, a noted outlaw Another was Jose Maria Fendey and two of his servants The bodies of several others were found mur- aks of these murders : —‘Noth- which induced thé killing of these men, or who were engaged init has Shad trapapired, but weinfer,from rumors afloat as to the dally occur- rence of hostile meron 1 between the traders and rob- bers who infest the roads for ths purpose of plundering them, that the bodies found were of the slain in some such meetings ” The rancho of Capt. Capestran, near Matamoros, has been burned, and, as is alleged by Americans. Colonel Davenport is investigating the case. The Flag saya tbat large numbers of Mexicans are emigrating to the Texas side of the Rie Grande, for the purpose of availing themselves of the protection of the American laws, should the Rio Grande be made the boundary betweon the two countries. ‘The following items are from the Fiag of the 19th inst : “The Monterey Gazette of the 4th instant, publishes a ‘between military Gol. Jao. W.Tib! rl whtoh he pestened $6.2) havo ozon, velyieg no aaodon the support which he would meet with from the factious, who are in seal b-of every pretext for showing by to in the atrocious manner they nov do; batto such attacks 1 shall only oppose fuc:aand witnesses which wili make truth Prevail and justify the rectitude of my procs 88. * To the willage of San Augéd I united all my forces, and a part of those dispersed at Padiernia, who declared that “all the ammunition being wet, and it being impossible to return the enemys fire, the troops sought salvation in flight.’ I despatched two aids with orders to Gen. Bravo and Gaona to fall back without losing a moment, on the fortidieations of the Candelaria, while [ contin- ued my retreat on Churubusco. At the bridge of Panza- cola | ordered the brigade of Gen. Rangel to return to the citadel, which he did. On passing by the convent of Churubusco I notitied Gen, Rinoon of what had be- falien the division ofthe North, in order that he might be on his guard as commanier of that point; and az at that moment my principal streation was directed to the troops and trains at San Antonio Mexiculciao, I has- tened to protect them in their retreat, and stationed at the bridge of Churubasco, the brigade of Gen. Perez, At this place [ was informed’ that Gen, Gsons had already commenced his march on Candelaria, and that Gen. Bravo wasabout moving. A few moments afterwards the companies of St. Patrick, the battalicn ef Tlapa, and other pickets, arcived at the bridge, all of which teoops Lordered immedistely to reinforce the neighbor- ing convent of Churususco, which was garrisoned by tha battalions of Independencia and Bravo. To this point I miso ordered the five pieces of artillery which I brought from San Angel. I was occupied ia tening the movements of tue troops and trains from San An- tonio, the vanguard of which began arriving at the bridge, when in ite rear the firing commenced. About the same time also the fring commenced at the convent of Charubusco. The troops of San Antonio were then thrown into confusion, aud absadoned the materiel which they brought with them, which created great con fusion, and was {focreased by the approach of the enemy, who arrived with intrepidity close to the trenches, An active fire was ope.ed upon him, notwith- stending, and we succeeded in checkiag his firat Impetus, the battle raging violently. Ina moment, when the firing ceased, | observed that & battalion of the enemy was proceeding by our right flank, to the estate of Portales, in order to take us ja the rear, and cut off ourretreat, To feustrate this object, I orde: the col- onel of the 4th battalion of light in‘antry to take pos: session, by # rapid maroh, of that building, and as I per- cnived rome hesitation, | went personally :o have it pro- perly executed. Tne battalioa of the enemy being re- pulsed with great loss, our recreat was seoured. At Portales | received a despatch informing me that the convent of Churubusco had surrendered, and that this occurrence had disheartened the troops who de- fended the bridge, ro that ® part were retreating with General Bravo by Mexicalcingo towards the Penon, and others were falling back by the straight road. This fur- ther misfortans occasioned the loss of immense materiel, and convinced me of the necessity of failing back with- out lows of time on our second line. This [ did with all the forces I could unite at Portales, arriving at Candela- ria between five andaix o'clock at night. ‘he troops whom General Bravo took with him could not return to the capital unril the next morning. The audacity of some of the enemy's dragoons went ao far asto oross at fall gallop the column which marching frora Portales to Cand: leria, and they reached the parapets of this point, where, b-ing recogatsed, they were fited Upon, and ail Killed except one officer, who smade prisoner. This offlcer declared ment, with a good deal of candor, that ing under- stood from one of our prisoners that In that troop was vata Aans, he had formed the resolution wij en who were willing to follow him, to reach hi and take his life, as,if they succeeded,they would acquire glory, and if they failed they would die with honor.” As soon as I was informed of the declaration, | ord-red that the prisoner should be treated with consideration, and | declared that far from being offsnied at his boldness. { admired his valor afd paid him the homage due to him, During the remainder of the evening and the night nothing of any importance occurred; notwi:hstanding whion, | took such steps as I judged’ necessary to ne- cure the defeage of our second liné, which | expected would be soon attacked. ‘At 4 o'clock in the morning of the following day, every thing was prepared for the combat, in spite of tl bad condition iato which we had been placed by t! previous occurrences; but as at tl o'clock | received the causeway of La Vega o deepatch from Gen Soott, roposed the armistice which is already tion, a copy of which [ annex marked ich [ accepted instantly.on account of our desperate situation, as will eppear by No. 2, Tho calamitous events at Padierna and the convent of Churabuaco, the loss of one-half of our best artillery, of 80 iuany Cannon and muskets, and finally the loss of more then one-third of the army, had caused such dis- may that if the enemy bad rene «ed his attack as I ex: pectad, be would most assuredly haveocoupied the city without much resistance. This conviction made me consider 48 au interposition of Providence this unexpect- poourrenes, which came to change the situation in ch we were, which it effectually did. Whowil deny tou the 8ta September the army of the enem: caped tnost fortunately from being destroyed? but for the cowardice of some of our soldiers—bat selilshness of 0 many citizens—what a different aspect won! tthe Republic present at this moment! Noone will @ay that the conferences which took place with the commissioner of the Caited States were preju- dicial to the iaterests of the nation. Having been made public, they have already manifested to the world the + governor of the plaza of Monterey, aud Francisco de Morales “ Col Tibbstts charges Gov. Morales with assisting in raising guerilla parties against the United States forces ; and besides, that he, Morales, was not | ly elected, acoordiag to the lawa and constitution of the State of Nuevo Leon. Col. Tibbatts further prohibits him from exercising gubernatorial euthority in said State, and all persons are prohibited from obeying his orders, and any disobeying this prohibition or order will be considered asenemies of the United States, and treated accordingly. it appears that Colonel Tibbaits required, in the first instance, that Morales should take up his residence as Governor at, monterey. “To all of which, Gov. Morales replied by declining the invitation and returning a thousand thanks for such ‘s distinguished mark of consideration as the invitation evinced—etating, as @ reason for not accepting it, that the Government would be without energy in the presence ot an enemy’s force. “ According to the Monterey Gazette, Canales is still giving escort and receiving tribute from merchants. Oo the 2d inst, atreia of carts losded with merchante’ goods, are mentioned as having entered Monterey from Camargo, which came through uader escort of Canales’s troops, and paid him a very considerable sum.”’ THE REMAINS OF DR. SLADE. It has been announced by the presa that the remsins of the late Dr Slade, Surgeon to the 15th In , ar rived here on the New Orleans. This proves to be erro neous They were placed on the steamer Portland,which in expeoted to arrive in a day oF two.—W. O. Picayune ec, 30. g ARMY INTELLIGENCE. We have had information from the six companies of voiunteers who have marched—three under command of the Colonel, one day’s march ahead of the three under command of our respected citizen, Mejor Reunle. They were all in good spirits and well Parts of four compa- nies yet remain in quarters here, who will march as soon a3 filied. under command of the Lt. Col.—Detroit Free Presa, Dec, 28th. The U. 8. steamer Edith arrived yesterday from Vera Cruz and brought over the following passengers: - Lieut Col. Fiesos, Louisiana Battalion; Capt. Kenzie, Te: Cavalry; Lieut. Pegram, Lieut Shattuck, U S } Lieut. Lamphere, Lieut. Wyatt, Dr Campton, U 8. A J, W. Williams, Coms. Dep’c; J A G Fisher, Quarter: master’s Department; W. H. Miller, with the remeine of late Lieut. MoClearry, 15th Infantry; W. Bearneler, sut. ler, Kentucky Volunteers; U N. Swaine, Mr Teviole, Mr. Wilson, De. Hamele, Mr. Aubrey, Mr. Duboo, Mr Michell, Mr. M. W Gunegal, Mr. Spekens, Mr. Egan, Mr Eastman and 118 discharged soldiers and team: ters. Died on board of the Edith. privates James W. Mitchell and Sanford, of Capt. Stapp’s company Illinois Mounted Volunteers; Patrick Curtis, Company G, 8th Infantry; privates John Mundell, William D: Smith, Benjamin pow’ and one other, unkoown.—N. O. Picayune, ec, 29. Count or Over anv Tr Jan, 6—Before Jus- tice Morse, Aldermen T'appsn and Feeks —Trial of Martin Hare for Bigamy, continued consrquence of the reports of the trial in the newspapers, this worn- ing, the Court room, from an early hour, was crowded to excess. The Court, as usual, was organized at 10 o'clock; but from the loss of pepers, neglect of witnesses to at- tend, aod other jocidentsl matters connected with the trial, not having been provided for, the public business was delayed from 10 to 1 o'clock in the afternoon. It was at length agreed between counsel on both sides, to read the notes taken, by the prisoners counsel, on a pre- liminary examination of Miss Fox before Judge Ed- monds, subject to all jast exceptions, The paper was then read,atier which the prisoner's counsel said he had no further testimony to offer. Mr. Cutting offered to put in evidence a atatement mate by Miss Fox, before cial Justicn, om the 234 August Last, for the purpose ristent with ber ou the trial yesterday. Objected to, on the ground that it was never read to, or signed by, Miss Fox wo T. Curuos, examined—W made the statement. rend to her by Justice Osborne. Cross-examined—Does not know what the motive was g up that paper; it was drawa up by Mr. resen| present when she d saw her siga it; it was first the room at the time; there present, myself, Mary, Mr. Whiting, and Justice Osborne, and no one else; | now remember the purpose for which the paper was drawn up: it was in consequence of a demand wade by Hare’s counsel that it was drawn up. Q.—When he was brought before Judge Jones, on habeas corpus, was there any affidavit’ A-—[am not prepared to say. | think there was an affidavit made by Daniel Nestle I think it was before her examination before Judge Edmonds that this afi. davit was made. a —Are you sure it was withiu a w. ok of her examina- tion’ A—TI do not know what lapse of time there w: between the adjouroment and her examination ; | a) therefore, up in consequence of & declaration made by the prix ner’s cou! Prisoner's counsel again objected, that declarations made out of court cannot be imtroduced to show that a witness told the same story out of court as that given on the stand. Mr. Currina, for the prosseution contended that when the adverse bap introduce evidence to show that wit- ness has told a different story om s former examination from that which she told on the stand, the rule of court extravagant and unjust pretensions of Uhat Government, whish, abusing ite or good fortune our misfortunes, wish us and to deprive we of ono-haif of eur . But.aa in the 4-4 of the armistice motives been attributed to me was to it other statements m: by the witness, whiob were substantisily the same as the evidence givon on triel, to corroborate ter. The dupes said, the Court were of opinion thet the ne oe evidence was not admissible, The course now insisted on went to raisa a collateral issue, which was the case in tn cause of Rob vs. Hackley, cited. Objection sus- ained. The prisoner’s counsel then proceeded to sum up, and was followed by Mr Cutting on the part of the prosecu- tion, Atter Mr Cutting bad finished his argument, the Court adjourned to to-morrow (this) morning. Surneme Count, January 4-—Special ‘Term.—Be- e Harris cisione—Slosson va. Duff—Ex- 0 master’s report upon claims to surpius mo- ising from a sale of premises, under a decree of foreclosure Duff, the defendant, being indebted to James Burtis in the sum of $934 94; to Peter Morris, $635, and to Mathew Duff $1 650, on the 4th December, 1846, confessed a judgment for these three debts. On the 6th Janaary, 1847, Alfred G. Jones recovered » judg- ment against Duff for $10 109; both these jalgments were alien upon the premises sold, and the pisinciffs in both judgments claimed the surplus moneys Ths claims on both judgmenta were resisted by the plaintiff ‘The claim on the second judgment was resisted on the ground that the jadgment confessed to Burtis included in it am usurious loan, ‘The tacts in relation to the loan were as follows:—Burtis kept an exchange office, and was in the habit of lending uncurrent money, to be paid in cur- rent funds. From time to time he had leat Duff uncur- reat money, and the condition of the loan was, thoy shouid be repaid, in current fands, ina week ‘The mo- ney thus loaned would pass curroat In the way of trade, aod could be converted into specie st a discount of about three fourths of one per cent. Held that these fucte were not sufficient to taint the transaction with usury that it might fairly be regarded an an exchange of er dits from which the parties derived # mutual advai tage, Duff obtaining the immediate uss of what was equivalent to apeoia to him, and saving a woek’s interest, aud Bartis receiving money Fr le by the New York banks for his bills, pecia paying banks, at lean inconventen jens expense, than by presenting the bi! redemption. Exceptions to ma: ter’s report allowed. and ordered that surplus moneys b paid to plaintiff in the first judgment Dunken ve Lawr ner —Motion for reference to asce tain the damages sustained by the defendant, by rea ton of the istuing thy injunction in this cause. Counr—When an injunction in dissolved upon the bill alone, it is @fioa! dee sion that (he plainti iv not equ tsbly entitied to the injunction ; but when un in- Junction is dlssoived, uv6a the coming ia of the anawer, the defendant is not entitled to a referees until after the final hearing, on proof, for it mey appesr that the Dil is trug, and the answer denying the equity of it is false; and although the tnjanction had been dissolved ! upoo the answer yet, in fact, the plaintiff was equita- bly entitled to the injunction Motion grasted In the mutter of John Mason. a Lunatic —Motionto set aside the pracesdings for the appointment of a cem- mites in this matter, oo the ground that the inquisition taken upon the execution of the commission o! lunacy, was insufficient The jury found that Mason was far wexkeued aod impaired in the faculties of his mini asto be mentally inoupsble of the government of him- self, and of the management of his affairs It was, therefore, contended that to give the Court jurisdiction of the person and estate ef the lunatic, the jury should have found, in the languag» of the statute, that he waa “ofunsound mind’? fhe Court held, that though the return of the jary was informal, it was’ sufficient to give the Court jurisdiction, and that the proceedings for the apprintnent ofa committee were regular iVolf vs. Henricks—Motion to eet aside execution issued to the Sheriff of Queens County, and subse- quent proceedings. In May, 1840 & sutt was commenced ia the NewYork Common Pleas, by plaintiff, against de- fendant, and judgment recovered in 1843, which was subsequently affirmed in the Supreme Court, aud after- wards by the Court of Errors. In November, 1846, en- ricks was appointed by the Duks of Saxe Ailenbargh, au independent sovereign of Germany. bia Consul at New York. It was insisted that by the constitution aud laws of the United States, the federal courts have exclusive jurisdistion against foreign Ambassadors and Consuls, and that Henricks was withdrawn from the State Courts, when he received his appointment. Tho Court held that the question of jurisdiction is to be de- termined by the state of things at the time the suit was oommeneed ; and as at that time the State Courts bad exclusive jurisdiction, the subsequent appointment of Nenricks as Consul did not divest their jurisdiction. It was also held that if Henricks could at all avail himself of his appointment to defeat the jurisdiction of the State Courts, he could only have done so in the Common Pleas that having himself brought @ writ of error and remov- ed the cause into the Supreme Court, he was excluded from denying its jurisdiction. Motion denied. Titus vs Cortly —Motion denied, with $20 costs, to be paid by plaintiff. Judge Harrie’ written opinions in the above cases, are at the offlice of C. A. Dawson, Esq , 53 Wall street. Surremr, Covnt—Genenat Trnm.—Presont, Justices Strong, MoCoun, and Euwards.—The People va. Madame Restell —The argument of the writ of error in this cause is fixed for to-morrow (this) morning. y then took up the argument-callendar, and eal first cause, which was in part argued. ‘It 1s understood ke up two or three days, me Count—Genunat Txnm.—Proaent, Justices MeCoun and Edwards.—January 5.—In re Madame Restell —An apptication was made on Tues- day, to the Suprome Court, to ndmit Madamo Restell to ball, pending the writ of error to reverse her convic- tion, ‘The Court gave its decision this morning, deny- ing the motion, not on the ground that the case wes res judicata, or that the Court had not power to go behind the conviction, but that it did not appear before them that there was probable cause; and, moreover, as the | District Attorney had expressed that he was ready to proceed with the argument of the writ of error at any moment, they theretore held their interference was un- wecessary. The Court soon atter adjourned. Unirep States District Count, Jan, 6.—Before Judge Betts,— The United Sta’es vs. Henry Huttleson.— Liabil- uy of Masters of Vessels in case of not bringing back their Crews.—This was an action to recover the penalty of & bond given by the defendant to the United States. The defendant was master of the bark Anahusc, and gave the usual clearance bond on the departure of the veasel for Rio da Janeiro, in November, 1844,conditioned that he would bring back to the United States all the persons whose names were sigued to his crew-list. He did not, however. bring back one Ailen Taylor, who weut ont as second mate, and the action is brought to recover the penalty ofthe bond, ‘The defence was, that Taylor deserted at Rio, but the evidence failed to estab- lish it, and the jury found a verdict for plaintiff for $400. FF, Marbury for the U. 8; W. R. Beebe for defendant. Count or Genenat Sessions —Jan 5—Befora Re- corder Scott and Alderman De Forrest and Kelly. Jonas B. Phillips, Eaq., District Attorney.* Semrenced —Samuel Oppenheimer, who was convicted yesterday of receiving goods, knowing the name to have een stolen, was placed at the bar for sentence, at the opening of court this morning. In cons+quence of it having been shown in the course of the trial that the acoused had previously sustained an excellent character, and in consideration of the jury having recommended him to meroy, the Court sentenced him to be imprisoned in the penitentiary for the brief period of 60 days Trial for receiving stolen goods —Patrick Leonard was then placed at the bar for trial, on a charge of bav- ing, in the month of Uctober last, received from @ lad, about 16 years old, named Hugh Donigan, about $60 worth of crockery and glass ware, knowing (he same to have been stolen. ‘The jury found the prisoner guilty, and recommended him to the mercy of the Court —Sontence deferred Tr al for grand larceny —John Smith. indioted for grand larceny, in having been concerned with Feltus Solineider in stealing a wagon, worth $50, belonging to Baruck S.ten, on the 2d of April Inst Mr Stren examined —The wagon in question wae stolen from the front of my house, No 201 Second-st. In consequence of information obtained, I went to Smith's house with an offlorr Smith refused to let the officer enter his premises without a search-warrant On loouing down juto Smith’s cellar, we discovered the wagon taken to pieces A search-warrant was then obtained, and the property recovered ; it cost me $74@ few months before it was atolen Offlosr Stance examined —I went with Mr. Stien to the house of Smith in 47th-street, where | found the wagon claimed by Mr. Stien as his property Smith denied having it, and refused to let me search the honse. ‘On the part of tho defence, Eiten Moone tertified that, while at Smith’s house, she saw two men take the wagon there. The prosecution then produced several witnesnes to show the bad character of the witness who bad testified in behalf ot the prisoner ‘The jury rendered « verdict of guilty —-Senteuce deferred. The court then adjourned Count or Grvenar Sesstoss, Jan 6,—Before Reeord- er Scott, and Aldermen DeForrest and Kelly. Jones B Phillipa, Eeq , Assistant District Attorney. Sentenced —Vatrick Leonard, who was convioted yer- terday of purchasing from « led, a lot of glass and crock- ware, knowing the same to have been stolen, was brought into court this morning, and sentenced to 60 days imprisonment in the peaitentiary. ica of Guily.—Charles Dumas, indicted for an as- sault and battery, plead guilty to the indictment, and the court suspended judgment in his case. Trial for Grand Larceny.—Feltus Schneider was then called to trial on an indictment for grand larceny. in having beea concerned with John Smith, in stealing @ wagon worth $50, the property of Barrock Stien, on the 2d of April last. Ihe testimony adduced in this case was precitely the same as that elieited om the trial of Smith, yesterday, wnd also resulted in the conviction of the prisoner. Sentence deferred Trial for Grand Larceny--Mery Reed was next called to trial on an indictment for keeping a disorderly house = at No. 30 Orange st. On the part of the people a aum- ber of witnesses testified thatthe house of the accused was the resort of thieves and prostitutes of the most de- praved and disorderly character, were passing in and out of the hous» at all of the night. Tae case will be resumed to mortow, until when the court at this stage adjourned. Court Carexvan—Fi tondyke vs. lutobings; 24, Cireuét Court - 23, Wor Ys. Hoffman; 28, Hen- dersoa vs Jones; 30, Ley va F ; 32, Barnes va Jowett; 33, Tuoker ve. Kings Co. M Ipaurance Co, 35, Eamons ade Lee; 36, Prince ads. rest; 39, Bor ton ads, Wemple; 38, Burton ads Lee; 40, Wil Parmalee; 41, Burton va. Spear; 42, Hall; 44, Ward mor Pleas, st py h va Hubbard; he Mayor, &9: 1 bury vs Myers; 30, Beeman vs Hanston; 96, Grant vs Hol- den; 100, Manntug vs Dayton; 6, ‘Chamberlain va Motensie; & Taylor ve. Nott, 10, Foster va. Brice; 12, Philupe ve. Nelson; 398, Letterts ys, Bowsr; 1%, Moore ve, Russel; 06, Idley ve. Gilmore; 76, Gennin vs Grin.

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