The New York Herald Newspaper, February 12, 1848, Page 1

NEW YOR K, SATURDAY M Gr pa x neral Taylot. The Supreme Court. eemeltneen4 ign DOD i ved “ piitoe.| Wasuineton, Feb. 9, 1848. work. an #889 We ead, in Mons. Thicre | The court room this morning was again crowd- the defile, Sequnt of Te ae tasetotent ‘on | ¢4> ® brilliant array of female youth and beauty the sar bane. Aare oe ‘saw the Prussian army, being attendant, to hear Mr. Clay, as it was sup- Prou”, of ite discipline and superior organization, MM” sching up to the cannon’s m uth with just the “same precision and coolness ag if it was on pa- rade—these are the very words of the author We there saw proud army cut up and de- stroyed, without hopea of rallying, and annihila- ted in one day, by soldiers, the greatest part of whom were new recruits, whom Napoleon had brought hastily on from the Rhine in post carriages. On the other hand, subsequent to the above events, we saw the German students, and country, people, drive back to the very gates of Paris, the proud and eonquer- ing legions of Napoleon. Thus, then, itis not discipline which makes an army powerful and mighty, it is its moral impress, ite patriotisr Au army which enters with spirit into the views ot its leaders, and is animated with the desire of attaining the end they seek to attain, will ne- cessarily be much more powerful and mighty than aa army of automatons, possessed of no moral impulse, and animated with no feeling and seutiment of duty. General Taylor writes in the following words, alter the Battle of Buena Vista, a battle in which 5,000 volunteers put to flight 22,000 men, troops of the line, and in a perfect state of military organiza tion’ He uses the following words :—‘*> What caused me to gain the victory, was the fact that each soldier made his country’s quarrel his own quarrel; and, though surrounded on all sides, never once thought of surrendering, or yielding up the field to the enemy” From. the beginning of the world to our own time, the above truths have been confirmed by facts. Marathon, Thermopyle, the ware ot the Roman Republic, the war of Indepen- dence of the United States, the wars of 1811 and 1816, the wars of the French republic, Sara- gossa, and the battle of Courtray, where the citizens of Ghent defied the proud cavalry of France; the wars of the Bolivian repub- ‘tie. against Spain, England, and France ; also our own revolution of 1830—all these ex- amples prove that armies of patriots always are superior to armies of mercenaries, where rank and employment is sought for the sake of the position they give in society, and for the money which they ree For the defence of the country we only require a militia well organized, who feel that the presence of an enemy on the soil of the couatry is a national disaster. Bartimorg, Feb. 11, 1848. News by the Steamer—Mechanics’ Fair—More Model Artists—The Weather, §c. The news by the steamer Sarah Sands reach- ed here about two o'clock yesterday, and so completely unsettled the market, that nothing of any account was done afterwards. Prior to the receipt of the news, some sales of flour and grain were made at previous rates. ° A committee has been appointed by the Mary- land Mechanics’ Institute to ascertain if the mew tobacco warehouse on Charles street, can be obtained for the use of the Institute for a ‘week in May next, for the purpose of holding therein the proposed Mechanics’ Fair. The Fair will be held during the week that the national democratic convention is in session, when there will also be great numbers here, on their way to the whig national conveation in Philadelphia. A new company of model artiste, under the management of Professor Pesb, make their ap- pearance this evening, at the Holliday street theatre. | % 4 There is some prospect this morning of an ice crop, though most of our dealers in that article have given up all hopes. Puiwaveveuia, Feb. 11, 1848. The Fire Department—The Police— The Model Artists, Theatricals, §c. The delegates to the fire association have pre- pared abill for the better regulation of the fire department, which it is proposed to have pre- eented to the Legislature, as a substitute for the billreconzmended by the recent meeting of the municigal authorities. This substitute provides for kaaving any company participating in a fight ‘ef riot, put out of service for six months, and on a repetition of the offence to be disbanded.— Companies about organizing shall presenta state- ment to the Court of Quarter Sessions, and if not objected to by the citizens, the organization shall proceed. The bill prohibits minors from becoming members, and authorises the court to put any company out of service that permits its apparatus to be dragged through the streets ex- elusively by minors. The erection of alarm bells by the company to be prohibited, the city and districts to procure all that are necessary, and to have the control of them. The last section pro- vides that any person or persons violating the provisions of the act, shall be fined a sum not exceeding $100, or imprisoned for a term not exceeding one year. : by The subject of remodelling the whole police department of the city has been referred to a joint committee of councils, and a report may be ex- pected from them in about a month. The rage for negro singing has given place to model artists, and companies of the latter nudi- ties, formed in our large cities, having lost their attractions with the satiated Padi of those pla- ces, are now roams over the on giving exhibitions in the villages and towns of the inte- rior. The New Jersey Legislature have appointed a committee to ascertain the names of officers be- longing to that State who have distinguished t es ed that they willhave a long ey look among the volunteers. The single battalion that went from that State, consisted mostly of officers and men from Pennsylvania ahd the other eur- rounding States. The State of New Jersey hes greatly Seteriorated since the days of s:venty- six ‘The principal attraction in our theatrical cir- cles 1s the joint engagement of Miss Wemyss and Julia Dean at the Walnut street theatre They performed together in ‘‘ Jane Shore” last evening, Julia Dean taking the character of Alicia and Miss Wemyss that of Jane Shore. The comparison induced by these rivals for his- trionic tame appearing together is certainly ad- vantageous to the latter. Miss Wemyss evident- dently 18 a lady of refined classical taste and in- telligence, possessing a voice whose smooth and harmonious modulations remind one of E.len Tree; and, in a word, she has all the requisites for npteeony | a fine act es if her friends will only permit her to confine herself to the higher walks of tragedy and comedy, and not be drag- ged below her level into the blue-blazes of melo- rama. Anorner Steamboat Disaster anp Loss ov Lirs.—We leara trom the clerk of the Paul Jones ejor Barbour, Captain a recen' eae lee ‘by com ng in collision with the Paul Joses The Mojor Barbour was on her downward trip from thie port, and had just left Troy, 1a, whem she wae riet by the Paul Jones coming up, The latter boat wae next shore and the Barbour sheered across her ‘on, bring under considerable meng ‘The captain of the Paul Jones immediately stopped boat and ordered lotto back her, which was prom; nd the boat was backing water when the M he bow of Paul Jones where sunk, the feet doep on the cabin floor. We regret ladies and a child and the second clerk known to be drowned by this a we fear that more lives were lost, though the the Paul Jonesthink not. The socident hej before dey on Thursday morning. The Paul Jones ped for hours, and all assistance neces- sary. We donot hear that blame is imputed to the officers of this boat. The cabin furniture and m- gore’ baggage were saved.—Louisville Journal, Feb. 5. to that two of the boat are accident, and officers of just Divricutty In Susrenpine THe TELEGRAPHIC Wisse s0n0ne. Tam ‘Mississirrt —Coverel unsuc- onestul 61 ve been made to suspen: wires the Mississippi, at this after the wire jaeoe by many that he would speak to-day ap were doomed to disappointment, for at the hour of opening the court, The Hon. Revervy Jonson resumed his argument, He seid that yeate ey he PO} second section of the bankrupt act. and the proviso in that section, and this morpiog would proceed to show, by other provisions and sections of the seme act, that the district courts of the United le of the bank- ’s estate, and that that deoree was fiual and conclu- Inthe firet place, their honors would see by the tion of the act, that all the property of the bank- rapt was to be given up by him; that rection did not stop by saying in those general terms “all property,” it went turther, it said all bis property and all his rignte cf property, should be vested ia the assignee, who might be appointed for him in bankruptcy. All his property. and all his rights of property, of every nature, kind and spe- cles, whether real, personal. or mixed. The assignee. therefore, under this third section of the bankrupt act, was clothed with an undoubted title in all the property. &o.,of the bankrupt, as wssets in hie hands to pay all the debts of the estate Not vested with the title to this property to the debts due to a mortgage, or a debt or claim existing against the bankrupt in favor of « married woman, or minors; but to pay all the d-bts of the bankrupt, of every species and sind, with this , that every debt paid by such assigaee, shall have been proven, &c, in the bankrapt court. This provision that the debts should be proved in the bankrupt court, was necessary for the protection of the otor and his creditors Here we see that sll bis pro. perty is given to the assignee to pay all his debts proven, &o By the 4th section of theact, and to tender this of thi ee receiving all the property and right the bankrupt, it is provided, that tne yatrender tothe assignee all the proper ty, and make a fall and complete return of the same, in order that the assignee msy be enabled to pay all the debts. This the bankrupt is compelled to do, or upou suggestion of the fraud, he will be turned out of court, without his discharge under the act. Now,can any bo- dy doubt the title of the axsignee to the property and righta of property of the bankrupt? But the law goes farther, in its anxiety to confer the title upon the as signee of ull the property of the bankrupt ; it givesthe court authority to bring before it the bankrupt himself, and upon oath, make him declare that he hes surrender- edall his property. and ali his rights of property to the nee ; thus puttiog him upoo his conscience to de- olare that he is | Motel irs In consideration of this sur- render by the bankrupt, what is the boon given to the debtor?) The boon given is a discharge from all his debts, no metter what kind of debt it may be—every a and variety of debt is discharged — forever dis- el ed. Every variety of debt, all his debts. in consi- deration of his giving up all his property, are rendered null and void asagaiost himself. Can avy one doubt the title of the to all the property of the bank- rupt? The Sth section provides the manner in which the debts of the bankrupt sre to be paid, and to be proved. It allows no preference, except to debts due the United States, or to individuals who may have been sureties for the bankrupt in cases of debts due the United States, and who muy have paid the same Now, under this section, what debts are to be paid? Only those debts which are proved in the manner and as the law directs—and the law directs those debis to be oved before the bankrupt court. not the State courts ‘he 7th section provides, that ell the proceedings in beakenptey. shall take place in the bankrupt court, thus showing that Congress intended that this district ovurt shou.d have the whole control and jarisdiction of thesubject. By the 9th section, it is provided that all the deorees of sale shall be made by the district court; and by the 15th section, itis provided that all deeds made by the assignee, and the orders and decree of sale, shall be conclusive evidence of title in the purchaser under the sale. The 10th seotiou provides for the dis- tribution every six months, of the assets, in order to bring the whole subject of the healer ter: to a close in two years from its commencement. Mr. J. then invited more particularly the attention of the court to the 6th and 6th sections of the act. He had already mentioned [oa pond ig melee the irngeced terse authoriz Lomgress to pass laws upon subject of bankruptcy—the entire subject. The same constitu- tion also gave Congress power to establish uniform rules of naturalization. The power is given in different words. The power is to establish an uniform rule of naturalization, which does not give them power to con- trol the modes of proceeding which State courts may establish in conformity with that rule. But the power in the case of bankruptcy is, that the law of bankruptcy by Congress shall be uniform; and in this act, Congress has closely—in the preamble sndin every Lege followed out this uniformity. Yesterday, he had al- luded to the necessity of this uaiformity, and he asked wat would the state of the question be, were ths subject of construction and expounding of this law ever left to the various decisions of State courts? It was but reasonable to presume] and expect that pereress in its desire to carry out that uniformity. required by the constitution, would give to ita own cource the whole and exclusive jurisdiction over the whole mat- in bankruptey The 6th section, in general term: gives the district jadge the jurisdiction over all matters an States had {ull authority to decree a rupt’ E i ters and cases and controversies arising between the creditor \d debtor; over all oases and controversies between creditor and assignee of bankrupt; and between ditors, debtors and eve the dropping pee! fiestion, the act goes on and says, all other controver- sies and in relation to the bankruptoy, until the time of the whole estate of the bankrupt; and there is to the Cirouit Court upon all the questions But in closing the bankrupt estate, to bring before it the 16 pro- a ge, ete teas pactenate io mortgages inlaw. There may be post by the husband in favor of the wife, or toy, which would defeat any honest sat- tlement of the estate; and is it to be supposed that the 00! to whom Congress, in terms, has given complete end jon over all “matters, acis and ry bring the estate of the bankrupt to ‘power to examine into the legality and validity of these claims and incumbrances? Certainly not, for such jurisdiction fs absolutely necessary to bring the a tos — ee ion vests ip the ja_bankruptey, @ property and rigl f Property; and Mould not the assiguee heve gone into the Circuit Court, filed a bill for the sale of the mortgaged property,avd had the sub fect settled as between him and the mortgagee? Ibis is not disputed by Wn Bah opinionsof the judges who bave decided this case below. Now. the 8th section does not give the Ciroult Court any cumulative or fur juciediction than the District Court; but, in the of the 8th section, the Circuit Court, in al! matters ot baukruptoy, and all tbings growing out or arising therefrom, shall bave covourrent jurisdiction with the District Court. He then referred to exparte Christy, 84 Howard, 298 and Norton and Boyd, a the game book. No sooner had the ect of August, 1941 been passed, than hundreds'snd thous«ents flew to the courts for succor under its provisions, and to release them- selves from an overbesring weight of debt, which no sub sequent efforts could shake off, and in order that they ht start off fresh and relieved in those porsuite wi their faculties and lots had consi; u Ip the course ofthis number of bankrupts an incredible amount of came into the hands of the U. 5 District Courts. Then it wae that some donb: urged as to the jurisdiction of this court over subject, to the exclusion of all State courts. 0: judy decided that he had this exclusive jurisdiction; vin doubted; and State courts decided that the district Jjadge had not the jurisdiction he claimed. In this state of affairs, what was the duty of thiscourt? A case Defore it, which was decided by the court, and your honors went on to say what was, in ot, & mere obilur, yet highly necessary for the settioment of the question, which was so hi,h- ly important to the country. The very nature acd oheracter of this court, from ite character as the su. preme judicial tribunal of the land, and whose opinion alone was of sufficient weight to produce harmony and peuce upon the troubled state of legal decision, de- ded that this eourt should go beyond the question {avolved in the exact case before it, and allude to and decide what was not in fact before it The court ia ite ao 1m that case (Christy's) decides that the District ourt has full. complete, and absolute jurisdiction over the whole subject relating to bankruptcy. The learned jadge who was the instrament of the court, in declaring the opinion of the court, though not now with cally, is still us, cheering th and aiding the bench in their labors. In a visit to E rope some time since, he, Mr. J , had heard some re- marks upon the ability of that jadge, which he would pe aoe In a conversation with the late distin- ra Lord Chavoellor Lyndhurst, he declared that Brory's ‘Commentaries upon Equity was hiv hend-book, 5 = fo gaperior waa it to any book to be found in the Eng- lish libraries ; and Story’s Conflict ot Laws was a work which had never been equelled by any work ia og): jand or om the continent. ‘his learned Judge Story had given this subject the close consideration of his abl mind, and the country has received it in the opinion in ea parte Christy. But, as this has been declared to be but an obitur om the part of the court, the point not bmg eed the court, in the case of Norton and Boyd. the Chior Justice, im giving’ the epinion of the court, and in that case the po/mt was before the court, says that upon the subject, the oo: rth id in Christy’s oase declared their optuion, and it was une to go further than to Bem alae SS = one then decision of the court, upon won before it, and then it ceased to the ment of the fi seaitnte tineoe l new ore. jaintiffe be- fore this court had an order for the canoellation of the mortgages ; it was resisted by the recorder—a manda- eee iiued it was tried, ond the mortgages were all cancelled, and then the pur mey was paid. All 'y Bank, but it never made one je objection to Proceedings ; amd Mr. J, coneinded, that this conduct on a of the City Bank, was evidence of their assent to the sale and the should come into court with clean hands, and not lay by with » mental reservation to present their claim oF not, asthe value of the property might result, until we had paid our purchase money,and years had elapsed, and see what a change has taken place in regard to the case of the first mortgagee. The property wasthen sold. and it fell hort of the amount of the firat mortgage by $20 000; and now the value of that’ property is increas- ed,it is worth now perbaps ten times what it sold for then, and under these circiimstances it comesin and asks the Court of Equity to rell the property again, thet they may receive the benefit of the increase of value; while, at the same time, they have stood silently an have seen the first mortgages lose $20,000 —have seen the purchaser pay down his money, whioh he did not do till. under the laws of Louisiana, all mortgages upon the pro- perty had cen sed to exist—and never are heard in theleast to question or object to the eee. Is not. im case the Court sustains the conduct of the bavk, the drcision of the court to be construed into a sanctioning of fraud and speculation upon the rights of others? Mr. Johnson then turned to several oases to eupport the action of the parish court in ordering the cancellation of the mort- wages, and cited the opinion of the court—i» 3d Howard, 319—when the Supreme Court of the United States said. that when a court. having jurisdiction over any subject fn rom, decided and declared, upon a prerogative of ite own, that decision was clear and conclusive unless over- ruled upon an wopeal by an appellate court: and when, on that appeal, the appellate court sffirmed the decision of the lower court, then that decision was cenclusive against the world He then contended that the action of the parish court wassuch that this court was bound to believe it correct; that when it was affirmed by the ‘appellate court, this court was further bound to consid: the act of cancellation a correct ons Therefore, baving purchased under a title made clear by the action of that court, and paid our purchase money believing the title thus made clear, he felt sure the court would protect the rights thus secure: Mr Cray (Mr. Johnson ba’ concluded.) drew the attention of the court and of the cout the other sida, tos correction that had been made 8 record. Mr. Joun Senceant then followed in behalf of the de- fendants in error, (the City Baok,) and had not con- cluded at the adjournment of the court. It was arranged that Mr. Cley will follow Mr. Sergeant, and in reply to him. Law Intelligence. Surerion Court, Fab, 11--Before Judge Vander- pole-- Stoddard, et al, The Long Istand Railroad Company.—This cause was given to the jury, this morn- ing The Judge ged that in relation to the goods im question, the de! jants were not common carriers, but that Adams & Co were; but if the damage hap- pened through the negligence of the defendants, their agents, or servants, they would be liable as bailees. and left it to the jury to decide whether the damage so hap- pened or not. Verdlot for the plaintiffs, $1,436 36. Cincurr Court. Fab, 11.—Before Judge Strong—Su- Ledyard ve, William Jones, late Sheriff, &¢ —This an action for sfalse return. It appeared the plein- Uff obtained a judgment against Mr. Jacob Acker, in th Superior Court, in June term, 1844; upon which 6! caused an execution to be issued and put into th fendant’s hands, with instructions to levy; the det dant it seems, did not levy, and afterwards returned that a writ of error was obtained by Mr. Acker, by ich the execution was superseded or set aside. The action is now brought to recover damages for a false re- turn. Defence, that Mr. Acker had obteined a writ of error to review the judgment which stayed furt! ceedings on the execution; that upon obtaining the writ, he entered into a bond with two sureties to secure the plaintiff forthe amount of principal, interest and costs, that might accrue on the judgment, and that, therefore, the piaintiff had sustained no age. Verdict for plaintiff $200. For plaintiff, Mr. Bedwell and Mr. Bo- dine; for defendant, Mr. N. B. Blunt. Count or Over anv Termine, Feb, 11.—Before Ji tee Strong and Aldermen Oliver and Smith.—T! court organized this morning, and immediately after adjourned, no business being ready. Common Pura: b. 11,—Before Judge Daley—M. B Hart, late Sheriff, vs. Kursheedt ct at.—The jary ren- dered a verdict this morning for the plaintiff for $500, with interest. Thomas Rogers and William C. Walker vs. Cyrenus Holmes.—This suit was brought on 8 promissory note for $164 33, made by defendant, formerly silk dealer ia John Cia pele to the order of plaintiffs, the pro- rietor of @ large silk establishment ia William street. it seems that in the declaration the defendant’s given name was spelt “Cyrenus,” and he pl ‘an abatement to the plaintiff's action, that his name is “Cyrenius” The plaintaffs offered in evidence ‘Dogget’s Directory,” to show that defendant’s name was ‘“Cyrenus,” and also offered to prove the same facts by his collectors. The Court held that to be good evidenoe, and admitted it. The case was then submitted to the og by. the Court, and after s few minutes’ consultation, they rendered @ ver- dict for plaintiff for $169 65, the whole amount claimed with interest. For plaintiff, Mr. Geo. A. Halsey; for de- fendant, Mr. Bradshaw. Court or General Sessions, Fen. 11.—Before Re- corder Scott and Aldermen Adams and Crolims. Johm McKeon, Esq., District Attorney. T'rial for Grand Larceny —At the opening of this Court this morning, John Stivia, Charles Conner, Ann Smith and Ann Li man were placed at the bar for trial on an indictment for grand larceny in having etolen a pocket-book, con- taining $72, from the pocket of Nathaniel Sanders, on the 20th of Janusry last. On the part of the prosecu- tion the complainant testified that he met with the ao- cused parties at a house on the ive Pointe, where he had something to drink ; that ta 9 familiar way he took his pocket book out of his pooket and counted what money there was in it. and put it back ; complainant. after taking something more to drink, went to bed, and did not go away until mext day ; shorily after leaviog the house, witness missed his Ket-book ; on finding ‘Ann Smith, witness requested her to scoompany him to the house on the Points where he had lost the money, but she refused to do so, but took him to another house, where, on being arrested, she said thatshe would return the money. Policeman Costexco testified that he arrested the pri- soners, and found » ion ot the money in the posses- sion of Charles Conner and Ana Smith. The case was then submitted to the jury, who ac- quitted John Silvia snd Ann Lohman, end rendered a verdict of guilty im the case of Charles Conner and Ann Smith, waereupon the Court sentenced each of the two last named to 3 years and 6 months’ imprisonment in the State Prison, 1c 4 Crime—Boston Boanvine-Hovses—--No Pir, neon —The metropolis of all Dowa East, has mm thrown into s state of excitement, the leadicg features of which may bo following account, given in the Chronoryp! In the Police Court,Friday, the postponed case of Bos teok vs Powers and others up for ¢xsmiuation. The complainant, Mr J B Bostock, a merensnt of this clty, charges Mrs Elisa H Powers, keeper of « fashions ding house at No 18 B join street, Constable 14 police officers John Crocker and ulting himeelf and wife, by foroi- ly ejecting them from the house where they were board- ers,on the night of the first iustant. The complai tified that pimself and wife took board with Mrs. yoout the 17th of September Jast. He madeare- ract with her, aggreeing to pay $9 per week that, in osse either party should at to put an end to the contract, a — ouss any time wi notice should be giv eighteen, was blindfolded, and for some tim Py ther ladies and gentl in the reo participated in the amusement. innocenc heart Mr. Bostock kissed Miss Powers ining about the room blindfolded. PRNDANTS now asked—Well, what did rxxs0.—She caught Mr, Randall. ‘Well, what the ‘Wit —Mrs. Powers asked ed her. Coux.—What was the reply ? Wir.—He said he bad not. Coun.—What followed ? I exclaimed, * you needn’t fistter yourself, Miss ta—it was not @ young man who Kissed you—it Hen west” ‘Coun. —Was the party broken up? Wir.—No—Mr. Randall was blindfolded, and the game was continued. After a time, ‘ magic music’? was introduced, aud Miss Hencietta took » pact at the piano on ever try to kiss Miss Henrietta before Coun. Christmas ni; on Wednesday after Christmas, logixe for the crime of kissing plied that if Miss H, felt insulted pologise a thousand times. Mrs. Powers said he must remember that he was not at the South now—but at the North, where Indies would not stend such things. Witnees re- plied he never intended to insalt Miss Powers ;—that he was surprised at her feeling injured at so harmiees a thing. and Mrs.Powers remarked that she was perfectly satisfied. ‘Witness then said he felt it to be his duty, as he hada wife there,and asso much had been said, to make a statement of the whole sffair to the boarders. Ho therefore wrote a letter explaining the transaction, whieh he read at the breakfast table on Thursday, to 6 boarders, in the presence of Mrs. P. Considerable jsoussion ensued between witness and Miss Henrietta, who accused him of having attempted to kiss her a second time. Witness replied that he thought the young lady wished to oreate a schism between himself and her mother, because he had expreseed his intention of leay- ing the house in consequence of this disturbance, and insulting remarks which had been made because he had also committed the enormous crime of eatin; apple je for luncheon! In consequence of these remarks, ko. irs. Powers presented her vill on New Year's day, an notified witness that he must leave the house immedi- tely. Witness refused, saying she had agreed to give a month’ bread te that the cherges against bim must rat. He had paid his testified that apple pie~ ss ytd the boarders to eat pie for juacheon; if you want ing to eat, you will find plenty of crackers in the board.” The complainant aj somewhat of a should leave the said he . ‘ear’s night he was sitting in hie room, in company with his wife and his brother ;—at about 9 o’olock, constable Whipple and officers Crocker and Smith, with Mre. Powers, oame to the door, when Mrs I. to , ORNING, FEBRUA RY you come? Show yourauthority.” Whipple replied, “I’m the authority; [ render uuto Croaar the things that areCwo- sar’s” Witness requested permiscion to go down stairs end sees friend, which was granted, Officer Smith was then sent by Wuipple and Crooker for assistance, and re- turned in about half an hour with sixmen. Witness also returned, accompanied by o friend, and again re- quested the intruders to show their authority They answered by seizing bim by the armsand dragging him down stairs. Crooker said if he did not go down peace- ably “he would break bisd—d neck and kick him down ”” His wife was compelled to l-ave her apartment, and their baggage was removed to the lower ball, where much aburive languege was used by the offloers. These [ghd gentlemen, if the testimony of the witness is to believed, then pushed Mrs. and Mr. Bostock into the street. The night was stermy - but the officers. in spite of the protestations of their victi inated that they should leave tl jouse. A carriage was fortunately pro- cured, end Mi d Mra. Bostock were driven to amore hospitable abode On Saturday morning Miss Henrietta Powers, a lovely girl of 19, duughter of the defendant, was sworn for the defence. ‘She testified that at a party at mother’s house, on Christmas night. the game of blind man’s buff was introduced, and that somebody kissed her twice woile she was blindfolde:. She was informed that the Perpetrator of this enormous crime was the complain- ant,Mr J B, Bostock. She told hermamme, and the good lady took the offender to ik on the following Tuesday morning, when she returned from Philadelphia Mr. Bostock apologised, but raid he should leave the house, as so much difficulty had been made about this affair The witness then testified that on the following Thursday, the complainant read an insulting I+tter to the boarders, vindicating his conduct, and scousin; witness of hav’ falsehood He also told mother that she had told o lic. Mrs Powers requested him to leave the house. Bostock replied, “I will not leave the house—your daughter js a liar, and | will stey till I prove her to bes liar” High words ensued, and Mra, Powers again told him toleave. The complainant, howaver, refused to go,and on New Year's night, at about balf past 10 o'clock, he was forol- bly ejected from the premises, with bis wife ‘The ejectment case of J. B. Bostock vs. Mrs. Powers, Constable Whipple and others, was concluded yester- day in the Police Court, by a discharge of the defend- ants The Justice considered the provocation on the part of the complainant, sufficient to justify his remo- ‘val from the house, and did not think the force used any more harsh than was necessary for his removal.— Boston Whig, Feb. 2. Franxrort, Ky., Feb. 3, 1848. Affairs in the Legisldture—Interesting Proceed- ings. Yesterday the Legislature had under conside- ration, and disposed of, a bill of a general cha-, racter, which is the second or third bill of that character which has been acted upon in the house. It wasa bill giving an action of tres- pass to the widow and infant children of persons killed; it called forth much discussion. The friends of the bill argued, that if an action of trespass would lay by one man against another for committing an assault upon him, vi et armis, that there was no good reason why the remed should not survive to the wife and infant chil- drea, when the -assault caused the death of the assaulted party. They further insisted that it would have a tendency to prevent the commis- sion of the crimes of murder and manslaughter, inasmuch as the pecuniary penalty would more certainly follow the crime, because the defend- ant would then be stripped of the benefit of those doubts which the humane principles of the com- mon law had extended to criminals. It was contended by the opponents of the bill, that it was placing a price upon human life, and bring- ing a widow, clothed in her mourning weeds, into a court of justice to demand gold as the price of her husband’s blood; and also, that it was dee eels 5 pecuniary for a criminal pun- ishment. The bill was laid on the table indefi- nitely, by atest vote of 45 to 37. The only bill of a general character that has been before acted upon by the house, was a bill giving to the State the right of six peremptory challenges in crimi- nal cases. This ‘ill had but little opposition, owing to the fact that it was utterly impossible to convict a man of murder, no matter how clear soever the proof may have been, because the criminal could challenge peremptorily the whole of the panel; and by having his friends stand by to be summoned as talesmen, he wouldthus se- cure one or two on the jury who would never consent to a verdict of guilty. By the passage of this law, the State is enabled to reject those jurors by peremptory challenge, and secure by that means jury. Criminal juri rudence has been most laxly administered in entucky for the past few years, and there can is but little doubt of the salutary effect of this jaw. Aside from these two bills there has been none of a general character passed; and the standing title of all bills is, “a bill for the bene- fit of,” &c.; but some old bachelor occasionally changes it to “a bill to divorce,” &c., in order to break the dull monotony, and to give the busi- ness a little of the pepper of human existence. By a resolution of the house, all petitions for divorce were referred to the Committee on Re- ligion, (as it Christians would want a divorce,) with instructions to report on all cases according to their merit. The committee have already reported twenty-five cases which have been act- ed upon, and they now have fifty more ready to report. In one case, the husband petitioned for adiyorce from his former wife, who had been previously divorced from him, in order that the wvain might again be made one flesh, and try a second voyage on matrimonial’s breaking 6e The Legislature, as a matter of course, grante the prayer of the petitioner, and he was again subjected to the payment of another mar riage fee, as a penalty for the violation of the first contract. In another case, the lady pe- titioning for a divorce was courted in one week, married the second, quarrelled tue third, parted the fourth, applied for a divorce the fitth, will doubtless get it the sixth, and by the seventh will be ready to receive the devoirs of another gallant. Formerly, the Legislature were in the habit of doing up this kind of business by ‘‘om- aibus bills,” and in one bill of that_ character, they divorced an old man and his wife, who had lived happily and peaceably together for more than fifty years, and who were thus unceremoniously divorced (not separatea) without their know- ledge, advice, or consent; being willing to fulfil their original desiga—to live together till death should part them. They too, were subjected to a second “priest fee,” for uniting two doubly willing hearts, and were again united, amid the joys and exultations of the numerous “fruits” of their previous union. In a case now jpending before the house, the h ind and wife have divided their ‘:joint stock in trade,’ each having seven—all profits—and have agreed to dissolve partnership, and jointly petitioned the Legisla- ture to confirm their agreement, and grant a di- vorce; but some of the old bachelors of the touse, not being lawyers, do not understand the law in relation to ‘‘sleeping partners,” and they are in favor of holding them jointly; but a venerable member, from Mason county, insisted that every * good looking ian in the house would vote a divorce.” The weather still continues very fine. For the past three weeks we have not had a rainy day, if ut continual sunshine and fair weather. Cicgro. Amrrican Manngers.—An American correspon- dent of the Boston Transcript, under date from New York, February 6,says:—A gentleman who sit next me at table at my ho! ¢ ie either a French: or # German, but speaks English so well that | cannot me down is is enough to show that | am at to his weer, See favorite eub- Beighbor is the selfishness of id be, © this man who site fore he'd ask me to the oti jay when I asked him , he looked at meas though I ingult.’” said that coming on from Boston ti steamers, he saw the ae table: A fore! \tleman, who bed a vs pi on re very ly to alndy opposite. She drew beck in a very dignified manner, and said to him : “ Sir, you must be a foreigner, or you address 8 lady with. introduced. ? said he,“ 1 has jerely what in my own country, it would be rudeness to have omitted’ The gentleman Wl editor of the Courrier des Evats jote, au. Political Intelligence. Mn. Bucwanan an THe Democrats oF THe Pree @ democratic members of 12, 18 48. City Intelligence. wa Funp anp Retarat.—T which bout to be furnished to the B: tees, gives ag levee ary ore ite operations during the past year. It appears that there were: Remaining in the institution, Deo. 31, 184! Patiente.... eee eeees see Admitted during the year 1847,...- anpual report inetitution, Total. . 623 Discharged oure: 943 Relteved. . 146 By request. 66 Died..... 9 Remaining December 31, 1847. 214 The pee gives in detail the various f dir ease under which each patient had been laboring, ar- ranged in alphabetical ph ng amounting to ene hundred and seventeeo; and varying ia nature aud character, being such diseases as ream most subject to. Of these classes of diseases t ¢ treated during the year 1847, patients suffering under Dis'gd cured. 32 35 43 1 8 = 32 1 64 Delirium tremens... 1 22 Dysenteria. 6 46 Erysipelas. = 7 Febris interm! - 149 Febris remittens. Py 90 Febris — . bf 299 Turucculus. ... - w - TY - 13 — 45 2 5 = 20 - 191 2 295 - 67 classes of disease, and several of the patients suffering lefc the iustitution relieved four patients died of typhus fever, twenty-two of phthisis. Tbe deaths in other respects are compara- tively few. ‘The report goes on to show that there were under treatment ia each month during the year 1947— Patients. Discharged. January .. - 28 i + ad 116 342 180 434 254 612 a4 4a5 255 243 187 195 192 December.. 170 Norway... Denmark . Some few of the patients were from Africa, Russia, Finland, South America, Western Isles, ko. Number of ean admitted from 3ist October 1831 to 3st December 1847 :— Total. Admitted . 20,751 Cured 16201 Relieved 4,737 Left by reque: 602 Died .....+ 848 The expenses from Jan. lst, 1847, to Jan. lst. 1848, $42 248 71. The value and importance of such an institution can easily be understood, on reference to the above digest of the report of the resident physician, W. C. Anderson, and we cordially wish every prosperity to an institution that hss already done such incalculable service in the cause of benevolence and charity. Warp Scxoor No. Tuxxx.—The examination of the pupils of Ward School No. 3, Ludlow stree County Superintendent, took place on Thursday. A very large ber of ladies and gentlemen were present as spectators, and the occasion was made one of great aratification ‘to the parents of the ohiidren and their friends, as well asto the teechers. In the primary de- partment were nearly five hundred little ones, all bright and obeerful, and almost to a scholar bacon? dressed. Their decorum, no lees than the proficiency which they exhibited in the studies of their department, proved that they had been well instructed by their teacher, Mies Simonton, whose excellence inher ptofessien wae highly complimented by Mr. Henry, Superintendent, of Herki- mer county, ta is closing address. ‘The tiozing of the beautiful chotz, composed of five hundred little vocalists, wan 60 sweet and correct as to excite the admiration of all. From the rooms of the primary dep+rtment, the sudience proceeded tothe female ds went, conducted by Miss Ames, where the presence of two hundred and seventy young ladieg, formed another pleasing feature in the visit. The embreidery, excellent singing, and above all the it im practical knowledge, were wortby of high . Classes in the male department, under the isamediate care of Mr. Belden. alded by effi- clent assistants, were next the subjects of a severe but fair examination, in which they acquitted th with credit. Three hundred and twenty boys were ;pre- sent,and the exbibition of 200 er 800 drawings and ma; sufficiently proved that connected with drawin, was taught, w effectively, in this school, in this city. A ofa portrait of G-neral Taylor, cor- rect); wii by Master 8., betok the old Generai’+ wobool boys. Master 8. distinguished ation. In this department, 150 pri ‘were distributed for good conduct Soe i ‘were present daring the examina- tion Tue Weatnen.—Yesterday was scold, bracing day. It was the coldest of the present month; the wind blow- ing strong all day fom the north weet’ The sun went down bebind a ¢! horison, and a beautiful starlight night gave evidence of a continuation of clear weather. Lizut. Cacrr.—We tolearn that this gallant offlcer of the New York regiment, is no better, and that his sickness is of = obaracter, that there are serious ensions bis phe rained of He was abi urday lest, to alt up for e short period inthe day, to say he {8 now worse. “Star” Lirenature.—Among the many learned and Mterary productions continually emenating from the | “Star” family, the following from the 18th ward return, is not bad: “A meat shop corner of 30th street and 6th Avenue about 534 am was Broke open last and about $30 worth of meat caken.’’ Fine at Canmanvitig.—A fire broke out on Thursday morning, at: 124 o’clock , in a new large frame build- ing on the Kingsbridge road. about one and « half miles above Carmanville. The building was nearly completed, (and was owned by s Mrs. Parsons of this clty,) and on premises adjoining the country seat of Colouel James Co No. 43, from Manhattanville, and Engine Co. No 49, of Harlem, were promptly on’ the spot, but could render no assistance on account of the soarcity of water. The building was entirely destroyed, ‘and ie suppcsed to have been set on fire, as the carpen- ters bad but two days before, and no fire had been used in the building. Fatse Avanm.—The alarm of fire at four o'clock. yes- terday morning, was caused by the burning of a chim. ney, at No, 9 Etm street. Warar ane wen F 1—A young woman of ¥ genteel appearance, who gave her name as Ellen Baker, was found strolling about the 11th ward, on Th night, in a state of mind bordering on imeanity. She was taken to the station house of it ward, where she said that she had been very uvkindly treated by her friends, and st last turned out of the house to reek « shelter where best she could. clined to reveal the names sone bento what wade up ber mind to ond to her sufferings. this young woman, there seems to be some mystery con- neeted with her and now evidently lsboring under great mental excitement, has sufficient self. jon to hold fast any thing that would lead to her and friends. Currapir Neoxect.—The coroner was called to bold an inquest a, the boty of Peter Patohell,» native of record ward police look to it? InteMPena: Some females re- No. 74 Mulberry made, were led to street, from some di suspect o Mrs. wears a widow woman residing there, thet she had been of e child, and eecret- Pita wes Leer manner that she had given birth to # child, but on he- ing informed that the ocroner was sbout to visit her house for the purpose of investigating the matter. she acknowledgad that tuch was the ease, and the offlorr, according to the information she gave, found the body of the child stow’ away ina barrel used for keeping aches It was removed to the coroner’s office, aad the necused locked up to await the result of the coroner's in- quest this morning, and from the fact of eoncealiment, and other clecumetances, thers in reason to auspect that foul play han been resorted to in producing the death ef her offepring Dran —Coroner Walter an inquest at the city horp! ness Thompson (late in the employ of Be hatters.) who, it will be remembered, was knocked down, and seriously wounded by a horse and wagon in B: way on Wednenday evening Verdict, death by injuries ed by belng accidentally run over by & wagon. nds of the deceaned were present during (be in- ion, and appeared raticfied that tho melancholy frely accider tal Anorner.S lev’. Murphy, broth+r of the Rev Mark Murphy, of St Mary’s Church, died at New Brigh- ton yesterday morning, of ship fever He was the Rowan Catholic chaplata of ti tine stat Potice Intetlige Doings before Justice Drinker —Ofionr Teasup, of the oth ward police, brought before the m sterdoy morning, black fel’ow called John Jackeoa, ome obarze of being druuk and fiyhiing im the streets MacieTaate—Well, Mr Jessup, who makes @ charge against ‘his biack mau ? Orricen—Judge, | don’t see the womau here to com- plain »gainst. Macistaats— Well, Jackson, what bave you to say for yournelt ? Paironen—The mi ppened with Sreaka } me and another man wasstanding together in ti when thin Breakadsy Jule came elong wi pipe in her mouth. and let me have eom my frow. Said I—“Go away, woman, | don’t like dat,” &c—[Langusge too indelicate for publication } | told her to stand off, or she’d get hurt; but 539 saya she’s bound to roy, cause she has a big scientific man. who she lives with, who brags he oan whip any niuger round town. 1 told her to ke ray, but ahe wonida’t; but collared me by neck. and then I used forces to rof, That I did, Judge, on my hono —'ll’ make a charge against him, Jud, taking him in he struck me on the nose, and ins claret fly. Maaistrare—If that’s!he case, make & charge against | im for the assault. EiPaisoxrn—I know two or three men had bold of me, and clubbed me pretty hard, and | said, take care men, don’t club so hard, and if I struck you (pointing so the officer)—fam very rorry, and beg your pardon. ‘The negro plead hard, but in vain, as the complaint Tag taken, and the disorderly nigger committed for tr Several other cases of disorderlies, loafers and vagrants being disposediof, finished the watch returns. Stage Racin, dd, James Smith, driver of ong of Murphy charge of furiously driving bis etege on the 34 avenue, endangering the lives of the citizens. He was taken be- fore the mayor, who fined bim $5 for the violation. the Choctaw Country. of the Cherokee Advooste | Fort Towson, Deo. 22, 1847,—The command sert out from Fort Washita, last spring, to the Camanches, has recently returned—bringing with them two Mexican captives—boys about 16 yearsold. These boys say they were taken j risoners'atout two years ago, while out on = trading expedition, with coffee. sugar and shoes, ‘The Camauches came upon them while encamped, and killed all but themselves ds they ripped open the saoks, and turning ad sugar on the ground, dressed their persons in them; then taking the boys, shoes and mules, they decamped. The returned com- mand say,“ they were received and treated very kindly by the Camanches, and no doubt very graciously, for they consider themselves the most powerfal pe: plein the world. ‘As for the whites, they say,“ there are but few of them, id they live scattered.’ And the other tribes of Indi- ‘ans, before them, ate as impotent, as the dry grass of the prairie before fire.’ The Camanches have a large number of Mexican prisoners, whom they treat with great severity—compelling them to do the mort mental labor under the greatest discouragement, Our officers offered a large sum for the freedom of the above men- tioned boys; but the Camanches declined every propo- sition. A pian was, therefore, projected for getting them without pay. After the company left, the boys, accord- ing to concert, got leave to go out huntiag horses. They took the track aud caught up about the third day out. After being supplied with provisions, they were cent Shead with orders to keep just in eight. This was hardly accompliehed, before some Camanches orme into camp in pursuit of the fugitives. They were allowed to search every thing, which they did with great | sorutiny, but not being sa 4 with the company rome days, w: ement— but finding it of no kK. These boys seem 41 the Spanish I sle0 Engllah enough to peak t) jpanieh language, ing! 01 say: “Camanche no good!” Things are telorably quit here with the exce) of drunken brawis, ‘Bs citizens, by the inefii fort. Indeed, ninet jisturbances in this region have their origin in whiskey. The new restriction in the intercourse law, has but little effect, for waut of some one to enforce it. The natives themseiver, or at least, fow of them, possess moral stamina enough to implicate one another, for the public good. The merohants, who are particularly called upon by the Secretary of War, though some of them would soorn to deal, or have anything to do with the traffic, yet pecuniary intorest demands, “ that as far as in them lies, they should leave peacably with all men.” And as for missionaries, they have too much on their hands already. In this state of things, therefore, the friends of temperance and of good order, have their eyes turned towards the agency. The late major Arm- atrong just before bis last sickness. took even a mors decided ntand than ever before, nnd was determined that the provisions of the late act should be enforced upon the first violator. Rumors says that the new sgwnt, Col. Rutherford, will take as strong ground as his predeces- sor Should he commence s0, much trouble will be avoided. aud be will be sustained by all well disposed Fes te About this matter we shall see at the coming annuity. Post Orrick Rosser Derxctrp.—Within the last six months a number of firms in this city have been robbed of sums of money which had been re- mitted to them from the country, vie the post office, and whioa, in every onse, bave been traced to the offlce here. On the 14th of December, Levi P Morton, of Ha- nover, trader, remitted $360 in bills. and a $50 check by | letter to Mess:8 Waldo, Noyra & Co, of Milk ntreet, which was not received, Information of this was for- ; warded to Mr Morton, who camo to this city, and stated | that among the missing money was a $60 bill on @ Geor- gia bank —Notioe of this was gtyen to the brokers of ‘he city, in case the bill should be offered for ohange. Yus- terduy afternoon, a young man uained Joba B. Williams, onlied at » broker's oflce in Exchange street, and ed the bill in question. ‘The breker took down the notice, which the offerer immediately recognised as the hardwriting of hisemployer, and made off He returned to the store (Messrs. Waldo, Noyes & Co.) and being certain of detection, told the story of offer d stated that be had found it in thest ined, and police oMoere Ch Muniespal Court in default of bali for $1,000. Wil has been the porter of Waldo, Noyes & Co. two years, years of age. He ia from the country. in Billerica street the officers found four ‘are inthe habit of caliing at the post ters. Williams probably obtained the and getting th id letter in this way, and pock+ted its contents. Abou month ago, a firm in this city discovered that they had been plundered in s similar manner, of some $800, by a young clerk, The sufferers, however, did not nee fit to preas the matter to@ criminal prorecution.— Boston Traveller, Feb. 10 Finances or Atasama.—The Alabama State Gazette gives the tollowing extract from the Ke- t of the Comptroller, showing the condition of the tate tressury : Balance in the treasury on the 27th Novem- ber, 1845, to the credit of this fand. . ... $146,661 13 Receipts since that time, from Bauk of Mo- Dile—amnttal...... sec cesseeseseses 10,000 00 Receipts from Alabama Life Insurance and ‘Trust Company—annual bonus. ....... 640 0° Receipts from the Secretary of State, forthe sale of Alabams Reports.........++.- 90235 ) Amount received on account of texes as- peesed Im 1843.05. ssecessesceseesss 300000 Amount received on account of taxes as- sensed im 1844... eee ereees wee 3,901 59 Amount received on account of taxes as- sensed in 1845... ce eee eee eres sees 260,189 99 Amount received on account of taxes as- sensed in 1846... . eee eee ee eee e cess 291,026 67 Receipts from August, on account of camp OQPEGR ed 'c0 vine 0 oe 0 G00 eee ere vaeee 102 60 Total rece and balance in the treasury. $714,992. Désbursements for past two years......-+ 179,188 92 $542,803 93 Unexpended balance in the treasury Ovrrace anv Mvnvsr.—The Niagara Mail records a case of outrage upon the person and murder, of a Mrs Bell, a member of the Methodist Chureh at Port Robinson. The perpetrator is a colowd man named Gaunt, who was sawing wood for Mrs Ball. The lady psesed into her bed-room, where the negro foi- lowed. She screamed and he struck ber with a billet of wood, following up the blowsuntil he caused her death He then fled to the woods, but returned to the wage in the evening. He also stole various articles. On his arrost he acknowledged the crime. The coroner’s n quest charges him with thn threetold crime. Tus Mon ry Mrmrnis.—The following is » statement, in brief, of this afair. Onthe 29h uit, at Memphis, Tenn, on injunction was granted against the President of the Farmers’ and Merchants’ Bank of that place, the serving of which was resisted by Mr. Fowlkes. He armed himself, and with some friends, closed tho doore of the bank, and threatened to the firet bo endeavored to break In, to tarve the weit, ihe shen r to the Deak, with ence} andes mob , ‘wp, and ibe s