The New York Herald Newspaper, February 5, 1848, Page 1

‘NEW YORK, SAT Puttapeneuia, Feb. 4, 1848. The Water Monopoly Question—Philadelphia City versus the Upper Districts—Sale of the Saturday Courier—Child Burned to Death. Our Supreme Court is now listening to an im- portant argument, involving the constitutional. ity of the law authorising the district of Spring Garden to erect water works The city of Phi- jadelphia has had a monopoly of the water for upwards of forty years, and claims the exclusive right to take the water trom the Schuylkill river upto a point several miles north ot Philadel- phia, I beheve as high up as Flat Rock, about seven miles. This right the city claims to have been granted to the Schuylkill Navigation Com- pany exclusively, and was purchased from that corporatio! Under it the city has built extensive and magnificent water works at Fair- mount, and has been receiving a handsome in-. come from its expenditure, the inhabitants of the county elways being charged for water rent, fifty per centum,or one half more than was paid by the residents of the city. Abeut 1841 or 1842, this was remonstrated against; the citizens of Spring Garden especially, thought it unjust that they should pay more for water, which was obtained in and conducted through their district, than those of the city who lived at a greater distance. ‘At first their remonstrances, were unheeded; they then threatened the erection of rival works, and projected the scheme since adopted this brought the council of the city to an offer of moderate terms, to be binding on both parties for a very long term, longer than the districts were willing to contract for. The Northern Liberties district then united with Spring Gar- den, and petitioned the Legislature for authority to build new works and furnish a new supply of water. The city sent up to the Legislature re- monstrances and remonstrators, fortified by the opinions of Horace Binney and William M Meredith, Esqs., (it is said) two of our most eminent lawyers, that the Legislature had grant- ed away all the right ‘to the head of water to the company already named. This opinion was met by a counter opinion from Jno. M Read and George M. Dallas, Esquires, (then plain Mr. Dallas, Counsellor at Law), who came to the conclusion that the Legislature could not constitu'ionslly make such a grant, and had not intended it in the present case. OF this latter opinion the Legislature was, tor both branches of the Judiciary Committee concurred, that a new authority was constitutional, and did not impair the obligation of any contract, and ac- cordingly gave the northern districts the authority asked for providing that the law should not go into effectif the city would, within three months, reduce the water rent to the same price as its own people paid, and keep 1t fixed al ways atthe same rate. This the city would not do within the required time, though afterwards willing; but the two districts, availing them- selves of the law, built the new water works, and set them in successful operation, sup- plying more than 100,000 people. | The city then obtained an injuncuoa from Judge Kenne- dy, since deceased, an eminent though some- What antiquated jurist; and from this decision, the districts have appealed, and the appeal is now before the full bench. A dissolution of the injunction is generally looked for; any other re- suit is regarded as imprebable, and contrary to the genius and spirit of our institutions; yet law 1s so uocertain, that it is impossible to pre- dict with anything more than a general confi- dence. If the injunction is granted, au amicable arrangement would have to be made, as it would be cruel and unjust to deprive the citizens of the free use of this indispensable element. | Vice President Dallas is here, and will argue the case to-morrow. Having given his opinion in 42, he has yielded to the wishes of his old clients that he should support it betore the court, and an eloquent argument is expected from him.. The court-room is filled with a numerous and attentive auditory. ‘To the tax payers the sub- ject is of deep interest, the city having lost more than $100,000 per annum on its northern cus- tomers, and, «s many say, by the obstinacy and mismunagement of the City Councils. Certain it is, that there has been fauit somewhere. _Mr. Dallas’s high position makes him pecu- liarly noticed at this time. Here, as you know, he is all popular with his party, and, indepen- deatly of the excitementever attendant on a popu- lar question, would, in almost aay case, attract afult house. He is a very eloquent speaker, and upon this subject—the constitution—his friends claim tuat he is at home. The. counsel for the eity are, Mr. Olmsted, (its solicitor,) a modest but reliable man,and Mr. William M. Meredith, our A No. 1 of the bar, a man of great genius, quickness, and strong grasp. Having been one of the city counsel most earnest in refusing to yield to the request ot the district, nis pride and feelings are embarked im the case, and he has entered upon it with the greatest personal and professional enthusiasm. Mr. John M. Read, the colleague of Mr. Dalla’, is a profound law- yocend excellent schotar, aims at no display, but souad and strong in argument; he was nomi- nated by President Tyler tor the Supreme Court Bench, to the seat now filled by Judge Grier, and was among those whose nominations the Sea- ate had not time to act upon before 4th of March, 1345. You shall hear the result, and I'll let you know, in firemens’ language, when the ‘court passes on the water ” The sale of the Saturday Courier, to-day, at- tracted a large audience to the Rotuada of the xchange. Ibe auctioneer having given a his- tory of the receipts and expenditures of the es- tablishment during the last four or five years, proceeded to offer 11 to the highest bidder. He started at $100,000, and progressed downwards on the diminuendo sealey unul he reached $15,- 000, Without meeting an offer. TI sum was then bid, by Mr. MeMakin, the surviving partner of the concern, and the auctioneer, alter per- forming his duty, in @ vain attempt to procure another bid, was forced to strike it off at that amount. As McMakin was under bonds that it should not bring less than $30,000, he is at least responsible ty the widow ot Mr. Holden for her proportion of that amount; and his recent conduct having had an undoubted tendency to depreciate it® value, it is contended that he is responsible for dameges beyond it. A suit is to, be immediately instituted to test the extent of his responsibility. A girl about four years of age, the daughter of poor parents, named Price, was_ shockingly urned yesterday, in con equence of her clothes taking fire, and died last evening from the effects. . Lhe colored persons put on trial yesterday, for the marder of John Giles, have been liberated, the evidence of the prosecution being insufli- cient to substantiate any guilt. Bewnert’s Hexaiv.—We know of no editor in the United Siates, whg has made suca ustonish- ing exertions to procure the eariiest, the most accurate, and tha mostextensive news from ali parts of the world, as James Gordon Beanett, of the New York Herald His industry is wonder- ful; and, huppily for him, his suceéss has been equal to his enterprise. For yeneral intelligence no newspaper in tae world can go ahead oi the Herald. li is new in politics.—Litehfield (Conn.) Republican, . 8. The New York Herald tas oe got the print- ing of the letter List of the poet office, @ late ex- aminetion by the postmaster showing that its in the city, 18 #ecoud only to the Sun. The Tribune formerly shared the adver- tusiog with the Sun.— Pennsylvanian, Feb. 4 The New York Herald receives the post office printing in New York—its opinions of the Post master General to the contrary notwithstanding, —Philadelphia Bulletin, Feb. 3. Tue TxtxGraru—Evrovgan News;—In con- sequence of the telegrapl being broken betweea Stamford and New York, by tue falling of trees upon the wires, the Acadia’s news did not react: New York in time for the morning papers gene- rally. The Herald, however, did obtain it through means of a special messenger who pro- ceeded to Nantasket Roads in a clipper schoon- er, and having obtaiued papers, arrived in Bos- ton in season tor the mail train. By this meaus, the Herald was enabled to publish the news yes- terduy morning, in advance of all other papers in that city.—New Haven Courier, Feb . SENATORIAL Arrray.— Yesterday morning, be fore the Lieut. Governor took his seat as Presi- dent of the Senate, two members of that body, Merars Parham aud Martin, had some words with one anothe: trom whioh they got to blows, A great deal of confu- sion enucd among the grave genticaen assombied ia the Senate chamber, aud no smalt difficulty was overcome in keeping the combatanis apart. Some one called the Senate to order, by preposiug Hon Walter Brashear an President pr , Whereupon quist was restored, the Senace proceeded to transact more appropriate busi- neeo. It 1s supposed that the rencontre out of the b= speach 4 8, senator the day before.—N. 0, Pie, Jan, | conducted to the gentlem Interesting Incidents of the War—The fe- ception of Gen. Pierce. (From the Coueord (N. H.) Patriot, Feb. 3.) Gen. Pierce arrived in this town en Jan. 27th. by the first train of cars from Boston. Aitnough snow had fallen the night previous, and torrents of rain were pour- | ing down during the whole day, yet between ‘hres and four thousand persons were at the depot, for tla purpose of welcoming Gen. Pierce back to New Hampshire. His arrival was announced by the firing of cannon. The moment that the Geueral stepped from the cars, he was received with the hearty and enthusiastic cheers of the multitude which bad assembled to grest hia, Cheer upon cheer and shout upon shout followed. He was room in the depot, until the meeting was organized in the large Railroad Hall in the same building. meeting was called to order by Gol. Josiah Ste- and Gen. Joseph Low was chosen President of the meeting. ‘The cheering having subsided, Gen. Low addressed the meeting as follows Gentlemen—I do not propose to detain you but for a moment, You have not come to hear me, but to hear ope who has often interested you on otter occasions. Fellow-cltizens—We are assembled to perform a pleasant nervice. We are met together, not to disc political questions of the day, nor to expt ence for this or that man for pubilc office. mon, we are here in this great mass for eur prefer- No, gentle- more grateful service, to tender our respect and gratitude to the sol diet who has fought his country’s battles upon the bloody fields of Mexico—(cheere)—to thank him and the heroic survivors whom he led in the unequal contesta, and to express our sincerest sympathy and condolence for those whoue sons and kindrod fell in the conflict, end are numbered wi@the mighty.dead. I well remember that, at my first interview with our friend, after his ap- jptment to the command of the 9th regiment. of say- ing to him, “ Surely you will not accept the offloe and sever the tender ties of husband and father, toenter upon that perilous service,” and his emphaticreply, have accepted, and from thet moment commenced th arrangement of my affairs with a view to my d»parture. When | left the Senate of the United States, it was my fixed determination to devote myself exclusively to my profession, with one only reservation—if my countr; should be involved in war and my services be required, those services were plighted upon that country’s altar, and that plodge must and would be redeemed. It is not however, my purpose to remain in the army, but s9 soon as I oan feek that the war is at an end, I shall return to my family and my profession.” * * And now, sir, (addressing Gen. Pierce.) in my own name [ congratulate you upon your safe return, aud in behalf of this great assembly, I congratulate you, and bid you a hearty welcome to this the capital of your na- tive State, and the towaoof youradoption. (Tremendous cheering, whioh continued for some moments.) ‘As Gen Pierce stepped forward to addcesa the mest- ing, the shoucs and cheers were deafening. Tne oheer ing’hay Gen. whioh the president of the remind him, if there had been at his home long, aad da; and enxious, sleepless nights, aside from the conscious nees of having performed a duty which never fails to bring its own reward, a greeting like this would go far to compensate for all. His heart was fall, but not so the language he would desire to command. ' He felt an em- Darrassment in responding to the remarks of the presi- dent, for whioh he could hardly account He was grate- fal, he hoped, profoundly grateful, first to that Being who not on'y guides the destioy of nations, but watches over the fortunes of the most humble individuel He was also grateful to the numerous and excited assembly whieh stood before and around, to weloome him back \o the town of his adoption, The enthusiasm which had drawn the vast concourse together was not so much oa his own account as on acc uot of the great number of th-ir gallant sons brothers, and friends with whom iv had been his forcune to serve. Tho siroog demoustra- tions of ferling which he observed, and which re acted upon himself, sprang, he wae sure, from a deep aud abiv- ing revorence for ths memory cf the brave men who had laid down to their final repose in the borom of a foreigu soit, In responding (raid Gen P.) to your reception, a set peeoh would be out of place. if nov a ration of the generous impulses that seemed to pervade all hearts Even between the curs and this hall may questions had besn propounded as to the bearing and fate of iadi- vidusisin his command; and he might not, perhaps perform more acceptable aud grateful service than to refer to the 8th R-egimeat, which was assembled in such haste, and in such hot haste met the enemy Tair motives could not fail to be appreciated. They left their New England homes in the bright sunny days of spring, not merely to encounter the ordinary dangers of the field, but to meet the pestilential breez+s of tue csopicr the worst posible season of the yer. There were in this audienoe those whose wives afd children would have clung srouad them at parting under such circumstan: ‘There were many who parted for tht last tice with just euch wives and children. And there were ard-nt ouths just emerging from their minority, carefully and oven tenderly reared, who lett thelr fathers? roote wit “ Partiogs such ‘The life from out young hearts In & time of great emergency, in sn hour when the safety of our army seem:d to depend upon immediate support, they responded to their country’s call with an alacrity and a sel:-sactificiug spirit worchy of the days of the revolution. He was aware that there must have been much anxiety and no little speculation on account of the detention of his command at Vera Cruz. His orders were to proceed immediately from the coast to the ar.ay in the interior; ? utit wasan order murs easily given than executed. Without any fault on the part of the government, and from causes above human cou- trol, there was a total want of the means of transpor. tation. The efficiency of the Quartermaster’s Depart- meat had been brokem by the effects of the -limat+ and cunsequent disease, and on th ry night of bis arrivai in the harbor a stampede occurred among the wild mules which had been collected, acd more than « thou- sand ware never recovered. month of July was u voldably passed in tierra crliente, and when he finsliy left the coast, many of the animals had never been in narness before. The character of the march for the first day or two witn such teams could bs more easily imagined than described. He*regretted to say that the indefatizable Major Smith, who suceseded Capt Het- sellin the Quartermaster'’s Department, nsoriticed his life to his devotion to the service. He (Major Smith) saw the last of the train depart, and in a jew days, from exposure and fatigue, fell a victim to the yemito Gen. Pierce trusted that in the circumstances ju which he was there placed, he felt the weight of the responsibility that rested upon him. And in the general health, pa- tient endurance and cheerful service of bis command was to be found the most ample reward for the odnstant oare from which no humare officer could ever escape It was due to the 9th Reginent to say, that at Vera Cruz, om the march—under the sun where it casts no shadow—in drenching rains and harrassing flanking service, officers nnd men were ever cheerfal. always ready. He had never heard the slightest murmur. He had never heard a soldier or officer that the delay was unfor:uaate. They were auxious to go forward, not 80 much because they desired to escape from the vomito region, at from a Yankee curiosity to see what was before them. "A more cheerful set of lads could hardly be found around a New Englond fireside. Although he received no Dewspspers from the time that he left Vera Crus to the arrival of Gen. Patterson’s train, the day before he (Gen Pierce) left the city of Moxico, he was aware that most of the incidents of the march to Puebla had found their way to the Stat 4 he would trouble hia friends with no deta In the march, in the fight everywhere, they exhibited qualities that have ever dis- tinguished the Anglo Saxou race. The question war never who woul: be ordered forward, but uniformly press who should have the privilege of the advance It wae fain to speak the praise cf a regiment, that entered jaebla in August, 610 strong, and ia Deceiaber could not muster 120 effective men. They bad spoken for themselves. Individual instances of valor and devotion might be multiplied to any extent, aud among them not a few frofa your own town. ‘Chere was printer F. Henry Carswell, whose gallantry was marked, and who euteres Mixaoque in perteet heuith, never having been touched or harmed in a single battle, but died suddenly of fever Sergeant Stowell, avother printer, was shot piump through the chest’ He (Gen. P) thought that Stowell could uot live an hour; but whea he found him at the convent, the next day, he was blessed with # clear mind aad unflinching firiitude He said, “ General, it is uli over With m«—will you write home thought, the first and inat with the army, “ speak of me? Did they say whether | behaved w Aad this was theapirit the leled devotion which scoured to us victory, and gave us possession of tha city. He (Gen, Pierow) coud not ov it the name of Serzeaat Pike, who having behaved with distinguished guilantry in all the preceding engagements, fell, preasing up oo the causeway tothe gate Belen. He wav in one of the arobes of the aqueduct, when # bomb from the castie exploded, and killed every man in it except Pike, and his leg was literally (orn off by the shell. but rendered worse by Ube pretended smputation that followed. The bons of his uhigh was found protrading two inches, two or three days after. There was a svoond amputation Some defect made e third necessary, when he (Gen P.) ou are not ike replied I want it they will out it so that it will atay cut? The young men were all printers, and to them reminded him of & fact for which he had never been able saticfac- torily to account. It was, that among the new levies, Keeeded any other vocation by 20 per veni. te uniformiy brave, incelligant, and efficient The ninth regiment sustained wn irreparable apultepec in the death of ti allont aud accomplished commander, the lainnated Ravsom His appointment was bailed ia New Fogland with unl versal approbation; aud, in the camp, Im the field, every- where, be realized the highest hopes that had ever bees entertained by his most ardent admirers, It was grsti- fying to learn, most gratifying to ull the army, that tne State of his nativity had mantiested such « ciation of his qualitie sid such a noble tribute to hi distinguishe hose remaive ure now Ov their way ‘and spoke in terms of the hichest praise of U L Dana and Potter of this town, Lieut. Foster, of Nashua, all wounded; and Lieut Smith. of Wakedeld, who was killed, But, said he, why do | speak thus par. tioularly of the 9th regiment, and of the otftoers from this State’ Not because they were distinguished above others, but because he was addressing their neighbors and friends, Im the command with which he ad- vanced from Vera Cruz, there were not only all arms of the service, but men from the Carolinas, from Texas, Mis- souri, lows, Mich! Onie, indeed, from almost all parts inion, and it was impossible to say what portion of the command was most distinguished for courage, pa- tient endurance and discipline Surprise hed been ox- pressed that the new levies and volunteers had exhibit edeuch firmness and courage. It was in the ra besides, after the army descended into the valley, it was well understood that every stzuggle was not for victory merely—it was for existence. It would be the mont ae- rious misfortune, howaver, if on account of the exeel- lent condust of theraw troops, any inference should be drawn against the indispensable necessity of thorouzh military eduostion and discipline. The old army it was, after all, that gave the general feeling of reliance and security. He desired to retract an opinion which he had formerly entertained and expressed with regard to the Military Academy at West Point, While you bave an army, you must have that ecademy, or another like . The military knowledge and ecience furnisbed by that institution in these campaigns bad not been mere! conspicuous, they had been indispensable. al lant, acoomplished and devoted body of men than the fficers of tho old army, including the ordnance, engi- and topographical engineer corps, he did not be- the world could furnish. Nothing could be more the remark of that distinguished officer and statesman, Col Jefferson Davis, that “If they (th West Point officers) were the white gloved gentlem as had sometimes been said, they had steeped their gloves in the blood of the enemy.” Without such men the stars and stripes would not have floated, on ths 14th of September, upon the Palace of Mexico. ‘They had commanded the admiration of the country—they had establishes their olsim to its gratitude, which he hoped might be manifested in a substantial way ; and he would take occasion to say that next after the vindication of his country’s honor and the per- formance of his duty, the gallant soldier thinks of rank ‘Astonishment bad been expressed at the disproportioa- ate lose of officers. It was easily explained. ‘They every jed and cheered on their columns—and in that 8 another cause of the success of our troops, new Hence perhapsthe loss of some of the most allant epirits in the army, at a moment when we could east afford to spare them Col. Ransom, to whom had before alluded, was passing up the steep at Chapul- tapec, in advance, waen he fell. Col. Scott, of the samo State, (Vermont.) the best shotin the army, and who perhaps the audience would better recollect asthe Capt Soott, having been asked, while leading his men. to take the advantage cf a protection from the enemy’s fire, which his position afforded, replied, “ Martin Scott never yet stooped.” Atthe moment the sentence was con- cluded, he received a bail throagh his heart. Falling with his feet to the foo he deliberately placed his cap upon his breast, as if his last thought had been to die gracefully us well as bravely, Lieut. Col. Graham ro- ceived five wounds, and yet coutinuedin bis saddie at the head of his men; and as hereoeived the sixth through the heart, aud as he slowly came to the ground, said. “Forward, men! forward! you know my word is for- ward.” Ho spoke of many other gallant officers, and stated the fact thatfrom the time that the army ad- vanced from Puebla until it resched the city of Mexico, there wore at no time above 7.500 effective men. They advanced upon a city of 250.000 inbebitants, defended by 35,000 of the best. tro; with admirable fortifications muvitions of war. The boldness of the movement. and the skill and energy with which it was prosecute !, would perhaps never be fully appreciated antl long afcer those engaged would have slumbered in their graves. He had been informed that censure had been cast upon the commanding gengral, on xccount of the armisti agreed toat Tacabays, in Avgast In his judgment, Gen. Scott's cource was dictated by both wisdom and humanity, Andit he (Gen P) were in the same posi- tion as # commissioner again, there was nothing in that armistice which, with his knowledge of the facts, be would desire to alter. ‘The question was not what advantages we could gain; but how we could streogiben the existing government iu what w: elieved to be their desire to make a pence. It was known that the commissioners who met Mr. ‘I'rist were in favor of acoept- ing his proposition, but the government wa: and the mob in the city, He had kept the audience, deuse as was the masa him, too long upon their fert. He was here, not aby matter in controversy, but to meet: his Still, the subject of the war was vecessarily friends. presented to their consideration by the occssion Be fore engaging init, it was his belief that it was irresiati- bly forced upon us. If he had ever doubted before. con- Yersation with the most intelligent men in Mexieo would have oufirmed bim in the opinion that afver the annex- ation of Texas, it was unavoidable on our part. Con- quest was, evidently, neither the cause nor the object of the war, and yet he was constrained to say that there hid seemed to be, in the obstiaacy of the Mexiouns, the uniform success of our arms, and the present state of our relations with tiat country, something like the irresistible force of destiny. For owe, it had been and aetill was hie hope that a peroe juet and honorable to both nations might be in some way achieved. The obstacles .o such a consummation‘as he spore ended, had arisen fiom unexpected soure here wax, unquestionably. in Mexico s formidable und intelligent parcy, who had resieted gotiations so long as they could hope, through our army, to ercupe from the milit-ry misruie under which that country had literally groaned for the last twenty years Again, the party desiring peace. and sincerely striving for it, had been embarrassed and weakened, if not dis- couraged, by the course of things here. President [ler rera aud the Mexican Congress, who were understood to be in favor of peace, might be so weakened by the decla- rations of our own countrymen, that they would not dare to conclude a peace. When ai the camp near Ju- lupa,a paper published in that city was brought to him, the whole of the first page of which, and a port of the se cond, was filled with ex racte from the American press and from speeches made in this country, which induced the editors La say, (hat while the intelligent and virtuous portion of the peopl+ of North Am+riea held such senti- ments, nathing remained for them to add in jusiification of thetr course towards the United Stars. jay that he read the bitter denunciations of t and all connected with it, from newspaper articies an: speeches made at home, he saw posted by the way side, and upon the ranches, the proclamation of Gen. Salas to the guerilias, with the watchword of “Death te Yan- kees, without mercy.” Thus, with communication cut off from the coast, with no knowledge of the situa tion of the army in the faterior, with daily rumors of strong forces to obstruct their marci, was there furnish. ed from our own coun:ry food which fed the ferocity that pursued his command at every tura. The eifvot it was calculated to produce upon the Mexican goternment and people was sufficiently obvious. What was the feeling inspired in his own commend, it was unnccrsssry to However lightly their position mfgbt ba regard- id would resist ne- ed at home, they Knew there was but one course and that wasto go forward. In the office of the Secrecary of State, in the vity of Mewico, a large coilection of extracis from newspapers and speeches of our own countrymen were found filed away in the pigeon holes, and had been used in preparing proclamations to inflime the Mexican populaion, He brought mo accusation against any party or auy man. Men of all parties in this country exercised their own judgment and expressed their own opinions, in theit own way, and #0 he trusted it would ever be; but he could not but regard it as most untortu- nate thst upon a great question, involving ihe blood of our countrymen, and ro deeply and vitally the interests of the nation, we could not present an woited front. If we could have done #0, he firmly believed that months go there would have been a peace, just and honoradie to both nations. If we could do so bow, he thought the skies were bright and promising. Gen. Pierce, afer agein thankiog the sudience for their kind reception, sat down amid repeated aad enthusiastic cuvering. INCLDEN’ The lamented Cap Buona Vista, had th OF THE WAR. William T. Witiis, who fell at @ sous under him; one «bout 17 years old, who, id, fought over wud around hie fs ther, until the dead and wounded were gone cif. When the Cage Captain was found, his little son was found dy him, with seven dead Mexicans, and, strange to tell, the boy was unhurt, Captain Blanding, of South Carolina, a young man, in one of the Mexican battles, led into sotion forty-two men, aud they came out of it with filty eight of the en- emy’s balls in them, NAVAL INSELLIGENCE The U 8. sloop Piymouth, destined for the Ei dion, will sail oa Monday next for Norfolk, t Jae the for purpose of going into dock to have here pyer cleaned The following is her list of oflaers: —Gavt Gedney; Licutenan's, Chomas J Page, F Geo. W, Doty, E D'naldeon ; Parsee, Lewis Warrington, Jr; | Acring Master, G V.'Fox; Ausistant Surgeon, William Lowber; Paseed Midshipmen, Peter Wager and C Wells ; ‘Acting Midshipmen, Charles Haralvon, James H. Rowan, Chas. ER. Benham, — Hammont Passed Vidwbipmen George & Weigh ani John L_ Davis are uuder orders for thu ver Alt join iu a few days, Adjutant Gaaeral’s Office, No8, t Washing.on, Jan. 17, 1849 The following order, received from the Secretary of War, is published for the information and guidance of the officers concerned MENTAL ORDER Geeenat Onvens, Wan Derantmenr, Wan Derantaent, Jan, 17, 1843, By direction of the President, tne order of the 13th iactant, instituting a court of inquiry with instructions to conveas ip the castle of Perote, Mexico, ou the 18th of February, is changed and modided by de ailing Bre- vet Col Beiknap, lieutenant colonel of the oth reginwat of infantey,@ member, in place of Colonel Butler, 3d dragoons, relieved; and appointing Captain S. 0. Ridge- ly, of the 4th regiment of artillery, tne judge advocate and recorder, in place of First Lieutenant Hammond, of the 34 regiment of artillery. Tue court will nesembls to the city of Puebla on the 18th day of Februury next, or as soon thereafter as prac. tiowble, instead of the Custle of Perote, with the same disoreiaaary power to adjourn from place to place, a9 authorised in the original order for ite institution WL DY, Sworetary of War, = > By order: —_R. Jon Batanors Dug tue Scare or Manyiann.— Froma statement of the freasurer of Maryland, in obedience to an order of the House of Delegates, re- quiring him to state the balances due the State, giving vames, ko, we flad that $277,004 87 are due as of 11th January, 1343. via: — By collectors of direot taxes for the years 1841, 1842 1943, 1844, 1945, 1846 and 1847... 4.2... «189000 47 By olerks of the county courts. ‘ 19.978 06 By the sheriffs of the counties * 31,167 71 By certain clerks of the county cou; md yaters of wills, for the tax on their 1,117 80 10,785 06 90,951 09 92977,004 87 The Reception of Generals Quitman and Shields by the Vir; Volunteer 8; (From the Richmond times, Ji After the gallant officers who had ite of State, had been received b; the House of tes om Saturday, they were conducted to the te chamber, whiob, like the House, was nearly filed with fair ladies Mr. Speaker Cox received them with ® very happy and eloquent address, tendering them, a. and each, “an old Virginia welcome.” Major General Quitman commenced his acknowledg- ments by remarking, that to see himself on such an oc- casion as this,surrounded by the consoript fathers of this honored old commonwealth, wasa sufficient assu- rauce that he had done his duty to the best of his ability, and performed such services to the country as were in his power. It should gratify the ambition of any man to receive the congratulations of the Senate of rezowned Virginia, and be assured its welcome was tribute of the heart, aud not » mere formal ceremo- ‘This generous tribute from Virginia's great heart, ed emotions in his breast which it almost im- ible for him to reatrain or repress ting of the great American pulse—he had felt it beat in battle [twas thie which bad constantly foroed us on with success. The American feeling here, and all ever the country, had made our armies, whether volun- teers or regulars, iavincible. It was pleasant for him to unite with the Speaker in the character he had jastly given the American army. It deserved the praise of the couatry Gen. Q, said he knew what were the toils of civil life. He thought soldiers were apt to receive too much honor at the hands of their eountrymen, in comparison with thors who had charge of our free institutions, by means of which our army was enabled to acbieveits victories He could not, however, hear encomiums upon the Ame- rican army without giving hia assurance thet they were deserved. There were near him officers of all grades, to whose distinguished geilantry he willingly testified — Bat it was the rank und file of the army whose stout hearts and etrong arias had enabled them to do their duty, and to bring home the sprig of laurel from the fields where they had fought. In one respeot, said Gen. Q.ourarmy deman the contemplations of the philo- sophic and Christian stat Hw referred to the di Cipline and subordination which it had every where di played. As an officer, who had principally commanded that desorintion of troops ganerally supposed to be prone to insubordination - the volunterrs—he here bore testi- mony that they bad conducted themselves as the sol- diers of a fres aud a Christian country. Gen. Quitman concluded by declaring, that the recollection of this soene would ever be a proud one to him Brigadier General SurxLps next rose and raid, all he could offer was his ecknowledgmeuts. He oruid not ex- press his feelings ‘This was not only a generous, an en- thusiastic, buta Virginia welcome. He appreciated it for meny reasons, but principally for one: he was an adopted son of our country, and be was gratified to tes- tify his devotion to this great country—the asylum of his countrymen—and gratified that he had been able to that devotion with his blood. He esteemed this sa compliment to an adopted citizen, and an 1of his devotion to the country. He thought there was a greatand high moral in this. This no Gives free liberty to all—opens the rights, the privile, and the honors of this great republic to all of every na- tion, not only on the battle-field, but in civil advance. ment and improvement. It was astounding the world by its energy and succers at home. The same energy which was carrying the republic into the far west, lived around us and on the battlefield. Gen S poke of the citizen soldiers of the United States, and suid that, as their leader in various battles, frequently to death and always to victory, ho had witnessed their bravery and effl- cienoy, But after all, he must say, that it was tothe skill and science derived from the young officers of the reguiar army, that the volunteer urmy was chiefly indebted for its nuccees. He wished to do the regular army justice, ba- cause the opinion he expressed was o practioal truth, forced upon him on the fields of foreiga war The oiti aun soldier possessed bravery. gallantry, enthusiasm— perhaps alittle impetuosity It was just that the na- tion should be proud of citizens who were field by their pi itaelf was a spectacle which must astonish the worl The other day, in Washington, he had seen » distin- guished foreign officer, juet ‘arrived from Europe, who belonget to the Austrian service, a Prussian by birth, and educeted at the best military institution ia Europe. This officer told him he had been sent out by that military school, with letters to the President. und ho was directed to ascertain what new element that fa that onn make men constantly victorious—ugalnst odds—under all clroumstanc-s-in every field. ‘They were now, he said, trying to work this problem ou: ia Europe ‘At the school in Berlin, the best military go- eral bad recently Inid down before his clien the oid prizetpies ertabliabed 1 Kuropoan warfare—princt ples je told them, which had been proved in the ware of the French revolution and Napoleon. But, he observed, it neemed now that soma new element was at work, and thene principles had better be ti tigated. There was a country in the West which had been sappored to be wholly uamilitary, that, without preparation, had arsail- ed a nation of seven milli in # country possessing best natural defences in the world. He referred to rts of France in Afric, and of Russia in the a and their uasuoceastul issue, notwithstanding the vast superiority of the nassiling powers; but, said the military instructor, thia republio gets at once into » war, and is sucorssful in all its battles, whether its army fights in open field, or ia defiler, or in assailing defences, or laying siegs to fortifications | And the offeer was de- spatched to America, to find out, if possible, what was the secret of it ull. Gen. Shields eaid he thought he would be in this country a long time before he ascertain- ed the recret, It was in our institations—it was the prineiple of our government, which makes every indivi dual proud of his liberty, acknowledging no superior amongst his countrymen. it wan this feeling in the citi- zun-soldier, aided by the discipline of the regular army, which had made us viotorious. Gen. 8., in conclusion, returned his hearty thanks to the Old Dominion. pt. Maanunen, in returning his thanks to the peo- plo of his native State for their generous weicome, said it was oxtremly diffloult for him to express his ferlings He was wholly unaccustomed to such scenes; but he stwod amongst a people of nobie generosity, acknow- ledged by ailthe world; and he thought he qould at least appent tohis fair couatrywomen around him to hold him exoused. He had been separated from his na- tive State for many years. Whon he left the University at the age of seventeen, he went directly to West Point, and since he graduated there, had been at remote ata- tions. But he had never ceased his devotion to Vir- ginia, and it gave him high gratification to say hore, in the Stat» of his birth, tha: wherever he hua been, in pence or in war. he had never forgotten to en*eavor to honor, in part at least, the draft of her former illustri- oussons upon their successors. ‘The rcenes of his early life had always been vividly present to him, and were not forgotten on the battle fields to which his duty had called him, Tho soldier, said Capt. M., ean truly say, that the happiness of domertic life nover appears in such bold reliet as when ho is suffering with wouads or di amidst the scenes of war. He was more particularly gratified at this kind reception, because the Legislature had seen fit to associate him with thelr distinguished gusts, ‘he country could justly say to each of them, “Well done, thou good and faithful servant.’ ‘Theic gallantry had beengo preeminent that he was proud to stand here on his native soil, and see it so honorably ao- knowledged. In conclusion, be declared that wherever his duty might coustrain him to go, end under all eir- cumstances, he would never forget that he was a son of the Old Dominion, and his high obligations as # soldier and citizen of Virginia. Lieut Sk.pex, with almost overpowered modesty. said, that afver the eloquent remarks that bad been mate. he could not be expected to touch upon army matters, But he must confirm what had beeo said by Gen Quitman of the good management and humanity of our men; hav- ing repeatedly seen them give their lant drop of water to wounded Mexicans, when they knew that if the thing had been reversed, the steel would have been their por- tion. For himeelf, he could only say. that if his services had been sufficient to merit this bigh compliment from tho Legislature of Virginia, he felt that he had done something; and it would amply grati'y bis ambition, if, ia the various actioos in which he had served, he had beon able to adi a single wreath to the honored chaplet of the Old Dominion Capt. Beanving, of the noble South Carolina regi- ment, came forward with peculiar grace und modesty, aod said, it was impoesible that he could reorive this generous welcome as intended merely for himewlf; he knew it was inteuded for the unforcia which he had served, and. for them. he profound gratification. He received it for hie State A South Caroliuian could never fail to flud « wara we!- come in Virginia, for che two States wore peculiarly con- woted togebher in feeling [t appeared to him that tie | war with Mexico had solved our of tho great problems of | govern It had b en believed by most repub- n statesmen, that large standing armies were hostile to public liberty, This war had demonstrated that with a small army in peace, the republic could easily raise » lerge and efficient volunteer army for war, aud, there- fore, that large standing armies were unnecessary. The services of the volunteer troops bad established this great pricciple—a privoiple, he declared, for which he would willingly have abed his blood Capt B cloned by again expressing his thanks for the truly Virginia wel- corms which he bad received He anid that when the Virglaie regiment should retura with the distiaction which he knew it would achieve. his own State would be happy to show them what was » South Carolina weloome. After the guests had been made acquainted with dif. ferent Senators, they reviewe ! tue city troops oa para in the square, and then repaired to the Executive ini sion We observed amongs: the ov lant Col Garland, who had } y burg, and was very cordially greeted by bis distiuguish- od feliow-noldiers ‘The fomale eleph: by the name of J & the London Times, known who has been starring for some Ume at A tre, in company with the large mal wot by Mr Bacty at the sale of Mr Hughes's mammoth tronpe, ac Vauxnatl Ga dens—is about to take her departure for New York. the slephonts and the nine camels ig been purohused by the proprietor of the American Circus, Mr. Sauda, of Mr Batty, forthe sam of £2000 Daring their recent career at Antley’s Chegtre the accomplishmente of these stupendous brutes, no less than their doctlity. elicited och wonder and admiration, and the juvenile patrons of the establishieas wilt not be easily comforted for the loss of @ pair of animala of the rarest professional sa- gacity and the highest public repute ConstiTUTION or Onju.—A pit to provide for | the culling @ convention to amend the costitution of te, passed the Senate of Ohio, on the 27¢h of Jan- 25 to 11, Theatrical and Musical, Paux TuHeatas.—This house was very well filled in- deed last night, and the performances went off as well as they always do at this place. The various scenes of the ring are indeed most handsomely performed by the various equestriens attached to the company ; and we do not know of any pleasanter way of passing an evening than in witnessing the various performances of Madame Gardner, Stout, Sands, Germani, Aymar, ko. General Quitman and suite were expected to visit the Park last evening, aud a box was very handsomely decorated for his especial aceommodation ; up to a late hour, how- over, he did not arrive, other engage ), We presume, havi aa tonrinet him of the pleasure of visiting old Dru- ry. ‘afternoon the extra performance, at 25 P. M., takes place. It is for the accommodation of juveniles, who, as well as children of « larger growth, wiil relish the entertainments highly, we doubt not. The usual evening performance will also take place. Bowery Tueatne/—As usual, notwithstanding the stormy weather, there wase fine house at this theatre last night. The tragedy of “ Hamlet” was played, in which Mr. Marshall sustained the charactor of Hamlet in @ manner not to be excelled in taste, manner, or effeot. usual excellent style; and Mrs, Phillips, as Ophelia, was received with marked approbation, Every character of the pieoe was admirably played. ‘The now drama of Marrell, the Laud Pirate of the West,” was also played ‘Mr. Tilton, ea Murrell, and Mr. Burke as Ichabod Cram. The piece was played in first rate style, and well received. To-night, for the benefit of the Assistant ‘Treasurer, a first-rate bill is offered. Mr. Sands and his ebildren, Maurice and Jerse, of the Park Theatre, Mr. Chanfrau, of the Olympic, Miss W. and Mr. Plummer, have volunteered their serv! the occasion, and ch an orray of talent cannot fail to fi! the house to overflowing. Major General Quitman will visit this theatre to-night. We say to all, go; it will be one of th greatest entertainments ever offered in this city. CuatHam Turarne.— Notwithstanding the extreme severity of the snow storm of last evening, Mrs. Wilkin- son’s benefit was rather well attended. ‘I'he principal piece selected for the cccasion was tho “ Hnnchback,”’ in which Mr. Hield, as Master Walter, sustained the part well. Sutherland’s Sir Thomas Clifford was well performed ; and Mrs. Wilkinson, in the eharaoter of Julia, acquitted herself in a creditable menner. The entire piece went off well. “The Texian Rangers, or, The Elephant in Mexico.’’ is announced for this even ing, together with “ Sudden Thoughts,” and “ Agnes de Vere? This bill will be found highly attractive, and no doubt there will be a jam house. Tho proprietor, Mr. Fletcher, has engaged Mr. Broughau aud Mrs Brovgh- am (late Miss Nelson), who will appear on Monday even- ing. This engagement will insure bumper houses at the Chatham, inconnexion wita the taieuts of the excellent company now engaged. Broapway Taeatae.— General Quitman and suite at- tended this theatre last evening, ‘The box in which they were seated was beautifully decorated with the national banners, and they were loudly cheered from all parts of the house; and at the close of the play, when they were about retiring, the audience gave three cheers for General Quitman, Lieutenant Sweeny, andthe other brave offisers who distinguished themselves on the lains of Mexice Cuarsty’s Muvsraese still bold on thelr way rejoicing, and we think they really have found tle philosopher's stone in singtag; every thing they sing is good; indeed, such a bend of harmonious voices {s seldom met with; and, moreover, they are rere wags in their own way. To-day they give an extra aftsrnoon performance, at 3 P, M., and the usual evening one at 5 o'clock. Patao’s Orena House —The stormy weather last evening caused ths audience to be rather thin bere, but those who wero present had a very pleasant two or three tortainment. The songs of the Sable Brothers, and the Model Artista: elicited much applause—indecd, every tableau we witnessed was encored. Broapway Opeon.—This favorite plhoe of resort opens again this evening after a short recess, during which ereat improvemen sand alterations have beon made in the house. Greeley, the manager, is determined that nothing on his pat Il be wenting to muks the Odeon a place worthy of public patronage; he has engaged a splendid troupe of Model Artists, Pete Morris, tl comie singer, and Miss Blanchard, and wjil present most interesting snd ys emurorneuts evening Ail th rnalia belonging to the Artiste are the beat qnatity, nud the ua represent alfo new, many of tnera having never before been ted to the public From the way in which things presen @deon. Mepxtasonn’s'Sovemnity.—To-night will be a great and memorable one for musio in this city, as ou this gin a Senate Vinoinia Smaui Notes —The the dill allowwg the by a vote of l4 to 13, hae Danks to issue small notes, evening, at Castle Garden, in the spacious and splendid saloon, will be heard the voices of hundreds ascending in solemn tones, ax they obaunt the requiem of the great artist. The choruases, the arias trom bis own splendid 00 positions of St. Pauland Elijah, and the splendid music of Mozsrt aud Beethoven, will weil ussort with the A ¢ im previous notices mentioned how unanimously the musioal societies, and professional and teur talent have undertaken this great solemuty. The members of the Philkarmonic Society, th e York Sacred Music Society, the Americen Musical In- stitute, the Euterpean Society, Liederkranz and Coneor- and the entire professional and amateur talent of the city, have all volunteered to take partinit. Alto- gether, it will be the most magnificent musical perform- nee, on the grand scale, which has ever come off in the Union. Brunswick's Statvany is decid: dl. attractive exhibitions now open in New York. been visited by large numbers of people since tl bition of it commenced, and we have no doubt enc! cveding week it will be more aud more thronged. Baunetri’s Movet or Jenveacem will open for exhi- bition on Monday next ‘This model is vouched for by the highest and most eminent names in Europe, as bo- ing the most correct and interesting representation of the Holy City that the hand of man could execute. The exhibition will derive muoh additional interest from the descriptive and illustrative lecture given at each exhi- bition by Mr. Matone Raymond,the brother in-law of sir. Brunetti, and part proprietor of the exhibition. In Eu- rope, it has been visited by nearly half « million of pe ple, and it will doubtless be equaily popular here. one of the most It hi Baxvano’s Panonama —The magnificent aad ever va- | tying scenery ou the banks of the Mississippi, and the towns and points of interest which are so truly and faithfully delineated In Banvard’s great work, are de- lighting, we may truly say, thousands every week. From north, from south, fom east, from wert, tho visitere come toses it. and all with one accord declare it to be | unrivalled. ‘Those who have seen the scenes it depicts, bear witness to the fidelity of the painting ; therefore, those who have notaeen th may be sure that in viewing this panorama,the; next best thing to.it. ‘The Viennoise Dancing Chijdren are at the Mobile | ‘Theatre. A Mobile paper, of January 27th, says: They vinited the theatre on Monday night, and were clustered around the private boxes like a swarm of buss—little German bees, which bring home any quantity of honey on their tiny German logs. They are odd looking little oreaturen, with an oldish sort of expression in their round, fat faces, which is the more striking from the an- tique dressing of their hair, We suspect they will be “quite the rago”’ here, Mr. Piacide and Mr. Collins are both playing in New Orleans, where are also the Lehman family, city Tre Recertion of Gexenat Quitaan ar Crry Hane. —Pursuant to arrangement, Mejor General Quitman was yesterday waited on by the Mayor, aad Aidermen Crolius and Messerole,who, at 11 o’clook, escorted him to the Governor's room, iu the City Hail, to receive his fel- Low o.tig At ten minutes past ll the doors were , and the Mayor and Alderman Crolius per- formed the part of the introduction, and it was doubt leas, to ma gteae pleasure to shake the band of the true and tried soldier So long bas General Quitman been absent from the home of bis youth, that very few of his old acquaintances were present to greet him; but strac gers, a feeling of gra.itude for the rendered his country, pervaded every heart those present, we Observed ooe dressed in the oil the New York volunivers. He had his left arm « pended in « #ling, and bis ouly support were two erateh- es, having been severely iojured by recetving ¢wo aot unde iu the arm, aod having bewa wounded ia both Legs, in the glorious battle of Churubusco Tis Gene- Tai cordially svook him by tho hend, and the maimed soldier # ing reovived them while fighting under the orders of Goueral Q itman. ‘That man is now destitute, without even the means to purchase & morsel ol bread. Another volunteer, who served in the atorming of Vera Cruz, aod who was discharged in consequence of his wounds.sought amiatroduction He professed to have been badly treat- ed minor his return irem the war, but the sight of brave soldier seemed to stir up all the patrioue ferlings of his soul, and he waved his cap xbove his head, and shouted loud # welcome to the General, He parted down in the moving mass, but ere ioug he worked his way Uhroogh the crowd, and again stood before the Gen- eral, suxious to tell of his misfortunes He #aid,* Bo Gar, Gineral, I fight in de Vera Crux; I be shot in breast, and come home again, aud dey put me in sleep to de vach house’ Quite a number of returned volunterrs were present, many of whom were recognized by the General, During the two hours, tuers were more than four thousand persons who showered upon General Q their congratulations, and among them savers! ladies, who, Inspired with the patriotisu of 176, determined to lend their presence nd good wishes for the soene, and warmly pressing the hand of the General, wisbed hin a long life of prosperty At one oolock, the General was conducted by h he remained unti had partially dispersed, | lodg’ngs at the Astor House, it wasa’ de- | f the patriotism of New Yorit, and it was, tisfaction to General Quituan, after an 0 mavy years, to be thus welcomed to his pauive State ‘Tue Wearnen—Yesterday was one of the moat stormy and disagreeable days we have had thia season At anearly hour in the morning the sky became over- | Mr. Barry, a8 the Ghost, also sustained his part in bis | start here, we predict @ handsome patronage for the | med almoet to take pride in his wounds, bav- | and it was not until nearly nightfall, that any remained | Upon the earth. The storm coutinued,and at an early hour this morning there waa very littie prospect of fair weather, the wind still blowing from the mortheaaterly reciion Fine.— A fire broke out about six o’clock on Thursday evening, inthe wooden buildiog, No 133 Cannon street, known as negro alley, which,was put out, with trifling damage AnorHen Fine.—A fire broke out al o’clook,on Thursday night. in the house atreet, which wae extinguished without an een given. Damage trifing Rurtvxe ov « Boop Ve: Coroner Walters wae called yesterday to bold en in stat No 80 20th atreet, on tha body ot Rotanna Mykios, @ native of Ireland, aged 33 years, who, while in the act of lifting a tub of wet clothes, fell on the floor, and almost instantly expi- red. Verdict—death by rupture of a blood veseel in the } chest: | Anormen Macnivscunt Horen.—New York oan now lay claim to the cognomen par excellence, of “the city of hotel palaces” And yet we are astonished and pleased to learn that another splendid hotel will be opened in this city, on the Ist of August next, which for size, loca- tion, comfort and convenience, ann’ scarcely be equalled in this city or country— containing, as they do, so many hotel pslices. Our numerous readers well remember Daniel D. Howard, Eeq., the original founder of the well known “Howard's Hotel,” on the corner of Broadway and Maiden Lane, and ag well recolleot the superior style of excellence with which every department of that fine establish ment was conducted, whilst under the manage- ment of Mr. DD. Howard snd his brother. And great waa the regret felt and exp had the good fortune to be his guest at an: it was announoed that thoy had disposed of their inter- est in that hotel,and retired to enjoy the otium cum nitete of private life on their farm, upon Long Islan Although that establishment has bewn since, and still is, couduo‘ed in «ost desirable manner, Ly John Thomas Inq, who with Captain Roe, purchased the interest of the Messrs, Howard in their hotel. At the time cf the purchase, it was stipulated that for the apace of thr years next easuing neither Mr. D. D. Howard nor bia bro- ther, should embark, either direotly or indirectly, in any enterprise connected with hotels in the city of New | York. As we predicted at the time they left the place where they had dispensod so much happinens to others, and acheived s0 much honor to themselves, it would be impossible for a miod and tempera- | ment so active, enrrgetic, enterprising and indus- | triows, as Mr. D, D. Howard possesses, to remain long out of the scene of his former famef and we aro greatly gratided to learn that Mr. D. D. Howard te about to open # new and most superb hotel in this city, during the ensuing summer Since leaving Howard's Hotel, they have enjoyed life at their itiful country seat, purchased of Capt. Munson, one of the most beau- tifal locations on the south side of Long Island; but that | was no place for men gifted with such enterprise as the Mesers, Howard; accordingly, for the last three months Mr. Howard has been actively engeged in meking ar- rangemente to open a hotel in this city, and has been #0 fortunate as to secure that moat capital looation knowa as the Granite Buildings, on Broadway and Chambers street, immediately opposite to Stewart's splendid marble palace. This hotel will ocoupy the front om Broadway, from Chambers to Reade street inclusive, forming one superb graaite fromt on Broadway, and wi wake @ noble contrast with the marble front cf Stewart's pslace.which, during this year, is also to extend owrr the | whole block immediately opposite. The granite build- ings, no less then 109 feet front down Chambrrs street; and to add to the excetlence of the imposing «ppearance of the hotel, two more lots have been obtained on Cham- bers strest, which are to be built up also, of granite, | makiog @ front in that dircction of over one huodred and fifty feet. Wh: ill be still bette:, the whole wll be built clear through from Chambers te Re embracing a equare blook withia its exterior " squure biock of about one huadred and fifty teet front | in each direction. Imposing as this would make his establisument in appearance, yet Mr. Howard int jocrease the height of the present buildin, beliieh them in the best le. which will render his hot. 1 truly an ornament to that deligh fal part of our olty. Law Intelligence. Conon Preas, Feb. 4—Betore Judge Ulshoeffer.— Benjamin Waterbury vs [aac M Woulley and James H. Bailey — This was an action on two promissory notes amounting to $275, given by Smith and Bailey to pisin- Uff, se. the consideration for 4 washing and {rom establishment, carried on in 26th street, near Thir avenue. The defence was, that plaintiff got the notes for the purpose of g -tting them discounted; that he had | never given apy consideration for them; end, lastly, that he had not yiven a bill of ale, or delivered the pos; saion of the werhing and ironing establishment to | Smith and Bailey nad that the latter bad acted in the transaction as bin clerks, Tho Court caarged the jury, that u« the notes ia question were business noted, as between the drawer Woolley. and Smith and Batley 1 ayees, the pluintiff wa jants, ifthe jury were not s ty obtained them from the puyees; ven consideration, or parted with t of his property for them, he was also entitled to recover against Smith and Bailey; that it was not neoet 4 bill of salo for personal property should be executed; that delivery of possession. with the intentinn of sotaahy poston the title of piaintiff on the property to the de fendants, was sufficient. But if the jury believed there was nosale and delivery of the property by plaiatif to | Smith aud Bailey, and that the latter were the clerks of Plaintiff, then the defendants were entitled toa verdict. Verdict for defendants. For plaintiff, F. Byrne; fer de- | fendants,C. W. Van Voorhis. ouRT oF tHE Unirep States, Feb. ® ‘ho Plantern’ Bank oi Mississippi, plaintiff, omas L. Sharp et al; and Baldwin, Vail {ufty, plaintiffs, in error, vs. James Payne, et al.— argument of these causes was continued by Mr Webster for the defendants in error, and by Mr. Ser- geant for the plaintiffs in error, | | unt | Ni | and F Th Cask or Bicawy.—A man named Edward Du Charm, a Frenchman, was arrested at Bing- | hampton, on Friday might leat, by S. Hubbard, Esq., of Paris, in this county, on a charge of bigamy, which was | preferred against him by Henry Beraey, of Norway, | Herkimer oounty, whose daughter he recently married. | It appears from the statement of the officers who had him in chargs, that this Du Charm has been travelling asa“ meamieric subject’ and assistant lecturer, with & Dr. Goer, who has been holding forth upon the subjects of mesmerinm, physiology and anatomy, for some time past, inthis aud Herkimer eounty. For six or eight weeks pust, they bave made Newport their head- quarters, and while there, became acquainted with Mise +7, #0 interesting girl of only rixteen yeurs of age, whom Du Charm succeeded in persuading to marry him, | contrary tothe wishes of her father. They came to this city, and were married, some two weeks since. They im- mediately left on « “ professional tour,”’ south, but it having been ascertained by the girl’s father, that Du | Charm had » wife and child In West Troy, they were | pursued aud arrested as above mentioned, and brought to this city. Yesterday Du Charm was taken before the Recorder, and after an examination, was committed to | jail, in default of bafl of $500, to be tried at the Jul: | term of the Recorder's Court. This deeply injured girl, had learned of Du Charm, the evening previous to his | arrest, that he had a wife, aad avowed her determina- | tion to leave him. She felt alarmed for her sefety— | fearing that he would put an end to her life and bis own, in a fitot phrenay. She is heartily glad to escape | from him, and again be restored to her friends Du | Cherm is trying the game of invanity, which seized him | foon attor bis arrest. Dr. Geer has with him young woman who joined the company at Newport, who has deen teaching painting. drawing, Xo, there, She declin- | ed returning home — Utica Her | ‘ | Ricuts of Makareo Women —It gives us inexpree- | sible pleasure to sunouvce that the Honorable Mr Jerry Saeak has at length perfected his grand eeheme for me- Horating the condition of the suunbed and down-trod. dvo iarried women, and will, on Tuesday, introdues # bul for their protections copy of which’ we have re- ceived in advance, by magnetic telegraph, and hasten to lay before our readers QL Be itenscted by the General Assembly of Hen- | Pecked Husbands, That we are totally incompetent to | manage the affairs of our wives, and that they are here- | by tovested with full power of managiug thelr owa mat- ters in such manner as may seem good unto themselves, §2 Be it turther euacteo, &o., ‘Ehut all moneys, jawel- | ry, conary birds, mowkeys, aud other real or personal | estate, presented to any married woman by avy gentle- | man, other than ber husband, shall beoome her own ex: elusive property; and Cont it shail be the duty of married man to pay for all concert and ¢ pera tickets, ners at Deimonico’s, carriage hire, and other extras, re quired by his wife and her friend or friends, in the pur- suit of ber daily inelinations or pleasures | husband who shall retuse, of im any man! | with the pleasures and inclinations of hia wife afo shail be condemned to be publicly ducked. and to wer | horas for the remain 99. Be it further @ y married *o- man whore bills at Stewart's, Marquend’s, or elsewhere, are not punctually paid without grumbiing or question, Upon presentation to her husband, shall be authorised to scratch out the eyes of her husband sforesaid, and to utterly refuse him all those consclations to which, in his blindness he may think bimeelf entitled §4 Be ivturther enacted, &o , Thatthe true and legi- timate object of a woman ix marringe is, to seeure ae large an income as powible to herself; and that itis her Jogiienable aod sacred right, that suck iacome sheuld ba enjoyed free from ali restraints and incumbrances. Any husband, therefore, who refures to bankrupt bimeelt, swindle his creditors, and run the risk of going to Sing Sing, in order to supply his wife with such sums of mo- ney ae she may from day to day require, shall be adjad +a guilty of high treasoa, shalt suffer death ace dingy 40 Beit farther enacted, &o , That no married man shall ever contradict bis wife, upon pain of death Q6, Be it farther & ed, &o , That young clergymen, bishops, and handsome physicians, of Mil oges, shail be at all bours entitled to enter and depart from avy dwelling- house, with ut question or obstruction from the master thereof; wad that for a husband to doubt, at any time, his wife’s need of either spiritual or medicinal miuiatra- tion, aball be deemed # low feliowny. §7. Be it further and floaily enacted, &o,, That for Any marged couple to be ren to enter or depurt from coast with clouds, and at ten o'clock the rain fall, which continued until about two «clock, wind chaoging (0\the noctheast, sucw began to fall in large flakes, whica tor # time indicated a probabilily of clear weather. Towards ing, however, @ heavy sa0w storm set in, but in cons: quence of the eondition of the earth, being perfectly saturated with water from the recent rains, the snow disoppeared as fast as it fell, Bay 407 éc, drawing-room, opera house, or other place of publio or private entertainment, together, after th shail have been married six months, shail be deemed con~ spiracy against the peace and good of ookty; aud tu second offence the husband eball de hung, ‘end wife condemned, as accessory, to wear Fite! when Ermine ia all the fashion, and vice versa. —Th¢