The New York Herald Newspaper, April 6, 1848, Page 6

INTELLIGENCE BY THF WAtLs. A@aire ta Sanhto eton. Wasminoron, April 4, 1848 A Few Brief Remarks The case of the United Srates Senate vs. the Correspondent of the Herald, under arrest as for contempt of said Senate, came up before Justices Cranch, Morsell and Dunlap, in the Cireuit Court, this morning, upon a writ of habeas cor- pus. For the prisoner, Messrs. 3. H. Bradley aud J.M. Carlisle; for the Senate, Mr. R. 8. Coxe. We refer the reader to the report of the arguments. The case will be closed to-morrow, and we apprehend that the court will declare its waat of jurisdiction in the premi Stull, we hold that some service will be done to the coun- try in disclosing to it the despotic power of the Senate over the personal liberty of the citizen, and the necessity, in this day of reforms, of a ittle pruning of these despotic excrescences, to which theSenate cling with the tenacity of ade- eayed aristocret to the pedigree of his ancestors The decease of Mr. Black, of S.C, last night, cut off all proceedings in the business of legisla- tion to-day, end the funera! to-morrow, will iurther postpone the ordivary proceedings of the two houses till Wednesday . As remarked by Mr. Butler inthe Senate to-day, since the elec- tion of the 30*h Congress, nine of its members have died—six of the House, aud three of the Senate Considering the average age of Con- gressmen, their average health, and the night owl system of their life ia Washington, itis remarkable that so few shvuld die as nine in a twelve month, out of a body of three hundred men We have no news from the treaty; but rumors are multiplying ot the probable renewal of the war. The bill for the tea regiments lies on the shelt in the House, as also the bill for 20.000 volunteers in the Senate. Gen. Cass has promis- ed to call it up, however, at the first opportuuity, and we doubt not he will push it through, unless we should have timely news of the ratification of the treaty : : We understand that the Clay whigs, determin- ed on superceding General Taylor, directly or indirectly, are preparing an alternative for falling back upon Scott; but it is said that Peter Sken Smith, the Philadelphia native American par excellence, in hie correspondence with great men, has certain testimony in his possession that will o hard with the Irish electors against either r. Clayor Gen. Scott. We have this itroma ‘ood whig; but we can’t accredit it till the said eter Sken Smith produces the said testimony. The democratic association of Washington are leaning strongly towards Gen. Cass for the presidency, notwithstaudiog Mr, Polk has given aciever office to every man, with scarce an ex- ception, of the association of 1844. ‘ hen the two Louses shall xvain resume their usual routine, the French resolutions und the Wilmot proviso question, incidentally, will come up in the Senate and in the House. There ig a storm brewing upon this question, aud the South, thodgh comparatively passive, are de- vising 4 stern resistance. We heard a move- ment hinted at, which, if carried out, will as- tonieh the abolitionists. More we are not au- thorized to say for the present. Ww. TRIRIBTH CONGKiSS, * FIRST SESSION. House of Representatives, Wasninoron, April 4, 1848 4 DEATH OF JAMES A. BLACK. The Rey. R. R. Gurley delivered an sppropriate prayer, amd the clerk read the journal of yesterday. Mr. Sims, of South Carolina, then said Mr. Sreat It is with no ordiaary emotions that I nowriss to aunounce to the House that death. whose ce has so often and so recently caused us te mourn Boring the progress of this session of Congress, bas again demanded » victim fromournumber. James Au- gustus Black, a represeatative trom South Carolia, is nomore! He expired inthis city last night five minutes past e! o'clock, in the midst of his de ry ‘his coll with his family around him, (thout @ murmur or agroan. Ina mosi extraordinary, degree, through s protracted illness, he preserved his composure of mind, his coasciousness, and consistency of purpose. At mo moment did he complein. At no moment was he unconscious, day by day, aud hour by hour of his more than seventeen days of sickness, that death was near him, and that the finel struggle and dis- solution, were inevitable. Yet he quailed not, neither did he murmur And atthe hour! have indicated he breathed out his soul ss composedly as an infant sinks into softest slumber. Those were the lest soenes of -my friend and colleague. Mr Speaker, under apy cireumstances death js @ sol Occurrence; but there are concomitants which render ite approsoh sometimes less afflictive. When the eoltirr dies in ihe battle Geid ne falls under the laws of expec- tation and of pride. When tho aged sivk to rest, bu- man destiny hee beon fulfi'ted, and man finds his end ai the appropriate period. Tho event fills us with a plear ing melancholy, rather then grave, because. lik» the leaf in a, he perishes under a decree of the Creator. Bat when ia the midst of life, unexpeotediy, in the midat of years aod usefu'ness, Premonitory events foretell the mournful fature, the sitation is marked with cireomstances more pecullai Such was the depart of my friend. Bat a few days og he was heie in health, in life, in the performance of his duty as a» representative How mournful! One day in the discharge of his trust, with his accustomed aseiduity; the next, stricken down by the violence of disease; and it was first announced, s* prophecy, by his skilfat attendants, that the victim was marked, and ‘that there was not « ray of hope to cheer his friends and His theisqairers who souzht to koow of his condition. | His intetlect Preserved unclouded to the last; hie lite | ae protract wail, frem the distant South, his wife. child, and an affectionate brother, were enabled to arrive to admimster the ing bed. There are which, at a proper ti: to dwellupen But I of usefulness those that shoue the most conspicuou do not wish to ouli choice flowers to bedeck his grav: The teare of sorrow on the cheeks of weeping friends, are the apt adornments on an occasion ve «flictiv early manbooi he joined the army of bis country, at d during the war of 1812. He en- id retired from the nervioe with consolation of ffac:ion over bis dy- ny inoidente in the life ef my friend it will be pleasant and profitable ptair After this, he was con- 4 in useful employment. until five years called to another walk of life—to take a seat inthis hallfrom the Pinckney district, in South Carolins. Ho» he performed hisduty; how he jilustrat ed, ine most emivent manner. the true character of # representative; how he showed reepect to the opinions of his constituents, in keeping them constantly advised of the progress and state ot public busi responded to the impulse of patriot grown into a fixed principle of sotion with him, through- out whole pubiio career, all who hear me will bear cheerful testimony. He | with the love of the demagoges, but with soul-stir- ring, divine implus», springing maxim of ontnion, “that il men are brothers, and ell men are equal, and that the psople are capable of Chis was witb bim « fixed principle, is pablic oateer wasa practical embodiment and il- d was not regu. itellect, eel/-government ” and lus:ration of the sentiments My fr larly educated, but he porsessed strong native anda power of obeervation seldom « qualledyen: surpassed. hese supplied the defiricocies fostruction. There are those who batieve that cess of @ public max in popular elections is no evid either of virtue inthe eoastituency or of excellence and aptitude fo the representati' ‘hie is a great mistake ther men mey have been -uperior to my late colleagas in attalnmentsandsscomplishaents, and wealth and seem ingly euperior to him in many things which usite man to men in politicsl or social influence; but no man breached in Congress, or elsewhor+, wo could, with |! more power, bind to his heart, with “hooks of steel,” those who called him by the endearing name of friend. Among his ima@ediate constituency, his porition wi culisr and lovely. The great S+nator of New York, new d, was ssid to bo = Roman, and coveted not wealth 7 friend was poor. This | speek in praise of him; it is highest eulogy, becavss he had no extra- neous inflaence, besides his own merits, to attach him to the peo; He had nothing bat principle and devotion to truth and to popular rights in peace, no it closed. He momeats of disvolation, Ae hie ji as was happy ithout # fear, be qaletiy valley and low of death.” attempt to imagine, wach jer ik words of consolation to the wid wud the orpha ‘Tims alone. under the rofreniag inflaence of the Chris- then faitl an comfort, and to that | eubmit the family and relatives of him whorn death to-dey hes beso announced The syuipathy of fiends may be ex- pressed, bat it ie the bend of God that can bind the wounded heart. Sims then submitted resolutio joard with deep regret of th Hoo J. A Biaek; thst the members will wear usual be! of mourning for thirty days; that they will attend it half-past twelve o'clock; perintend the funeral,’ &s. of respect, ‘The House adjourned. ‘The Otroutt Court of the United States, for County of Washington, in the Discrict Columbia, Wasarweron, April 4, 1848. Ab den wena (Eyanze moceae “ o’olock this morning, the petitioner appeare gh the ber of the eourt in the comedy of the deputy marrhal of this district, and accompanied by Robert Beale, Eq, the Bergeont-atarms of the U 9. Sent Mr Nugent, always a delicate man, appeared more #0. At balf-post ven o’olock the Judges entered the court, and took theirseate. In afew moments Mr R 8 Coxe rose sod read the following writ of habeas corpus, and the revurn thereto: by ormiaunded to have the ined in your custody.as it Reme he may be calied, toge- ther with oaase of his o8 Od detention, betore the bonorabdle the Ciroult Court of the District of Co. Jumbta, for the Cy Bf Washington, now sitting i the Holl, in the City of Washington, immediately, to do, receive, and submit to what be then and {there considered concerning him in this a | | | | | tor amsw Merect fall not, or you will anewor the contrary ot W. BRENT, Clerk. day of April, 1843, sowed this third rT In obsdience to thi pus, | the district of Columbia, for the county of Wash- ington, as therein | am commanded, the boty of a Nueat, now in my custody; andjiairther, ia obs: oe to the precept of ssid wrir,{ do further return a8 the caure of the capture and detention of the body of the seid John Nugent by me, t I, the said Robert Beale, hold aud exercise the office of sergeant-at- arms of the Senate of the United States; that the said Senats is now, aud hes been, for a period long auteoe- dent to the capture and arrest by me mede of the said John Nagent holding ite regular session, That certain Droceediogs were had before the ssid Senate of the United States. in executive session, which said proceed. ings are, by th: d orders of the ate, hed io ret ani which this respond: ot, without a violation of his official cath aud duty, di- val ormake public. That this respondent, as euch ser- ot-at-arme. has received trom the Hou. oe | M. Baltes, Vice President of the United States and President of the Seu a warrant, by which he is ordered and di- reoted, authorised and required, to take into his custody the body of the ssid Jobn Nugent, au him safely keop, according to the terms of said precept or warrant. That in obedience to the order aud command of the said Senate of the United States, this respomdent, as in arrested, aud pow holds the body of the it in I tody, and h precept, pture and detention a8 aforesaid, of the body of the said John Nu- art of this his return. ese my hend, this fourth day of April, im the year eighteen hundred and forty-eight. Signed, *ROBERT BEALE, Sergsant-at-arms of the United States Senate THE FRECKPT OR WARRANT OF THE VICE PRESIDENT. Unirep Stats or AM« RICA jergeant at Arms of the Senate of the United States. Robert Beale: Woereas, Jonu Nagent having be havin, been sworn as a witness, he answered the foli terrogatories : — 1, Have you amy connexion with, or agency for the proprietor of the vewspaprr published ia the cliy of New York, and called the New York Herald? If yes, siate what is that connexion or ageucy. 2. Do you know thetan instrument purporting to be a copy of the treaty between the United Stat Aweri caand the Mexicen Republic, with the amendments mado by the Senate thereto, and the proceedings of the a og thereon, was published in that newspaper? De clare. 3 Do you know by whom the copy of the instrument wih toe amendments thereto and proeeedings theraon ‘in the last preceding interrogatary specified, was fur- nished to the editor or publishers, or aby agent of the editors or pablishers of the said uewspaper called the New York Herald? If yea, declare and apecify such person OF persons. 4 Did you copy the parts purporting to be amend- ments of the treaty yourself for the purpose of sending thera to the editor ot the New York Herald, or for any other purpose? Ifyou answer ia the uegative, then say, if you know, by whom they wero copled 5. Where, ia what place or house, acd at what time, were the esid amendments of the treaty copied ? jeer having refused to answer the following interro- gatorio 6, Where, in what place, or what house, and at what time. did you first receive @ printed copy of the con- fiJential document containing the treaty, the President’s Message, and also the other confidential documents printed in the Herald ? 7 Im anewer to the third interrogatory, you have stated that you furnished the papers therein referred to tothe editor of the New Yo: He id. Statefrom whom you received the said treaty Mexico, with the amendments, aad the said portion of the proceedings of the Senate. 8. In your answer to the fourth interrogatory, you stete that the amendments there referred to were com- mupicated to the Heraid im your handwriting. Did you copy the same,ard from what did you copy, and when, aad where, and from whom did you procure the original from which you copied the same ? 9 You aay, in answer to the last question, that you decline to answer the same, vecause you cannot answer 1s with accuracy. Is it bacause you do not recollect the facta enquired of ? 10. What portion of the facts do you not retollect with accuracy ? Is it as to the person from whom you ob- tained the papers, or any of them referred to? 11, Stace from whom you received the treaty 12. State from whom you received the documents. 13 State from whom you received the proceedii the Senate heretofore enquired of. 14. Was the copy of the treaty you forwarded to the H-rald a printed copy by so refusing, committed a contempt against the te, and has by the Senate been ordered into the custody of the Serjeant-at-Arms, there to remain until the farther order of the said Senate These are there‘ore to authorise and require you, and you are hersby authorised and required, to tak» into custody the body of John Nugent, and him safoly keep uatil he anewers the said interrogatories, or until the furthec order of the Senate of the United States, in this venslf; and for so doing this will be your sufficient warrant. - Given under my hand, this 31st day of March. in the year of our Lord one thousand eight hundred and forty-eight. GM. DALLAS, Vice-President of the U. 8., and President of the Senate. Attost—ASBURY DICKENS, Secretary of ths Senate of ihe U. 8. Mr. Baapver seid that he had not bad ai Ppucesenits to examine the return, amd, indeed, he had had no cp- poriuut:y of anticipating what the return would be He refore asked tae court time to allow him to reid it over, and examine ita contents. He might, he said, raise otjections to the retura upon the face of the re- cura iteelf, as he could admi: all the fats atated tuere- 1a, end deny that they were all the facts. But he would like to examine it further. Jupor Crancu— Wil you be so kind as to read the return to the court again? There are parts of it, that | did noth-ar perfectly. Mr Brapuey egain read the return; and preceeded in bisargument. He thought there was enough upon the face of the return to show the insufficiency of the pow- er to held the prisoner. It shows that the Senate of the United states had called before them a citizen of the United States for a contempt by him committed. And what is the contempt asset forth inthis return? It is ing certain interrogatoriesand deciiniug to av- wer others, which interrogatories are propounded t» him in secret session. The question in this case, there- tote, arises, is is this @ case of legai commitment to ous- tody? He prosumed there would be ne objection to the habeas corpus itsel!; but there would, he supposed, be ony ion to the power of the cour: on « recurn of the habeas corpus to sot ; and the evquiry will be,as to how far ‘he court can enquire into the validity of holding the prisoner in custody Now, whai are the faots of the case’? Upon the return of the habras corpus. it appears thatthe prisoner is in custody by the action of oar branch of the legisiative power of the country, (and that, too, in seoret session.) for refusing to answer cer. tain'questions and declining others ; ail being set forth inthe retarn. Itis not @ case of contempt against % powcr exercising jadicial authority--a contempt of a power with general jurisdiction—but a case of contempt againsc one braach of Congress claiming privileges unknown to any one but them relves—anwritten, above, and superior to all law We know no law but the constitution of the United States; we recognise nothing superior to it From that constivution, Congres mecessarily derives its powers. In the constitution there is no express grant f as is set up in this case by the Se- uy in the spirit of the comstitution—- ter nor in the spirit. The otjeat to be atteined by the constitution was to give Congress gene- val powers, and to pase all laws necessary to carry those iswainto effect. Taore is no express grant of any such power, nor cen ther- be one rased by implication ‘There is no stetutory power given to Congress to punish contempts. Congress has never seen fit to legislate on ne subject of contempt, except ia defining the pow.rs of courts te punish the same. And in that case it interfered for the protection of the citizens from the unwarranted aod arbitrary exercise of the power of punishment of contempt by courts of justice. If this power is not ex- presely or impliedly given by the constitution, nor by unly statutory provision, where is it derived from? From the common law? No; the common lawis stili further wanting in any such power as that the legislature can panisb for contempt. That portion of the common few of Englaad is in force in this country, aod no where can tne privileges of parliament be found in common law ‘at this power is raised by the powers already grant- J it ison that ground that this et of Congress is put, to carry out po ready grauted They have implied powers to preserve order, 1» protect their procssdings from interruption, to suia- mon witnesses ina matter whoreiu they have power to bold an examination, to judge of the election returns. qualifications, and to compel atteudanca of members, determine tie rules of ite proceedings, keep a journal publish or keep secret ite proceedings —not to ba cailed in question for what they say indebste. Here, then, are tome of the materisis and highly valued privileges which havegrowaup ase sort of parliamentary law. But if you recognize ouch a power in the Sonate, as is attempt ed in this what too high for its raoge—what too raced for ‘ation? Who can say that your honors iu settling inthis Case, may not be committing » con- tempt upon tho secret prooeediugs of tue Senate? They may, if this privilege be theirs, arrest this whole pro ceeding; they may send the Sergeant-st-Arms into this of by tbe constitution ; court aod arrest urall, and teli your honors that you sa'l not interfere wich their prooredings. Where does this power to arrest extend! Where Is it confined ? over the Union, or is it confiued to Do we, claiming to live in this councry as ns, and under free institutions, ackuowledgs to exist which may arrest aad imprison o citizen, by the exercise of an authority unseen, ua. knowa, unwritten? We are goverued by constitution und Isws, and are we to be told in this day that there isa power existing, dependent on rib law— depending merely upon the will of either branch of Congress, which is above the constitution? Forbid it. We nave all heard of secret influences oa governmente—of a power behind the throne ; but never before have we seen ® power above the throne For ail we know, Congress may have tho power to de prive ws of our liberty and of our property; but in thit ose, by carrying out the principle contended for by the Senate, if incident to power, we have the dangerous con- dition of things wherein either house of Congress may legislate. try, and condemn, by the exereise of their mere will; and the liberty of cis taken away without any law ; for it takes joint setion by ces of Congress to enact a la Another reason why this powor should not be recognized, is—lai, That in t distribution of powers of government, ali legislative power is reposed in Congress; all executive power ir vested in the Presideot; and ali jadioval power in the courts of jastioe, each departm exercising that jurie- diccion appropriate to its sphere, but all subject to the decisions of the court of judicature of last resort, la = Be ge AN ie faye SS the joure of Lords, being = part legislative depart- is the hignest court of judicature; but here it is each is vested with its own proper juri declariog the jadiossl functions by sittimz iv judgment upon a cl- tizen; and ciso assuming the executive authority by comm ttiag Bim in pursusnoe of tis trial, to impriaon- meut. But, if the Court pleate, there wan one fea- ture in this case distinguishing it from all others tha- he had ever read of sinse the days of the iniquitous star chamber. He had met with no case, no dicta, no memo- randa of a cate, whe! & party bas been errosted and carried betore a secret tribunal, there secretly tried, with- outany friend near, denied counsel, aud then punished secretiy—the crime, trial, record, judges, aad veloped ia a cloud of secreoy, is it to be supposed tl seoret tribunsi can bring ® mac before it, and try him foracontempt? Waet wa contemp:? Within a few ks past we have had a jusicial decision on the sub jeet, and from this it would appear that the highest con- tempt that can be offered to @ court is to look hard at the jadge Now this is a contempt of court, and why Rot a contempt of the Senate? Is every man who gees into the Senate. and looks hard at any Senator, or at the ‘Viee President in bis chair, te be seized and ti cretly before that body, ha secret trial, amia pahishment—sll the procedin, be said that the courts of la no right to demand the osuse of this trial? und 0 courts of law had no right to demand from the oustody of any one who held & prisoner by such an authority, to yield bun upto the law ofthe land? They might not kili him, it is true; but yet, by a system of bomee pathy, they wi yet contipued oppression and harassing, life. Tne danger of the abuee of this por only argument egainst it What are the powers con- ferted upoa Congeess? (Mr. Bradley here re them as before in this report) These are the powers conterred upon Congress, aad which have grown up with the history of all paillamentary law. But as it a power to punish a man becauso he jooks hard st a ember of Congress, iu a bal!-room or in a billisrd-room ? ‘Chey have tas power to pumish, but it is their own members, To what powers is this sn iscident? The powers he had enumerated, by being mentioned in the constitution, show that the subject is ove which oocu- pled the stteation of the framers of the oonsti- tution when defiaing the privil f members of Con- geets. ‘These privileges bad grown up as a part of the parliamentary, not the common law of Eoglam When the great amen of the copventivn that formed our cou jitution met, they Dad these matiers before them ;— tnerefore, Mr. B. contended that if the privilege contend- ed for in this case by the Senate, is wa incident of the jogisiature, then the eaumeration of all the other privi- Isges im the constitution is wholly unnecessary. Ho did not mean to say thatthe expression of certain pow- ers excluded all others iu every case; but there were cer- taia legal maxims too well Kaown and so well established, to admit of any doubt but that in this case, trus construction 1n suppert of this, M: Broom, 278, 285, and from Duarris on statutes, 712—18, to abow that the enumeration of certain powers should be ako asa key to what all other powers claimed should be. Mr. B. suid he had gone much farther into the mat- ter than he had fatended, because from the nature of the returu he supposed that a: eliance would be had on the ease of Anderson ve Dung, a case which was takeu up from this court. If time allowed we might be amused with exemiaing the reasons given by the learne! judge (Johnson) in deliveriog tue pinion in that case. Inthe opiuion of the jadga there is much poetry, and there ir ali the virus of @ Rhode Island statute, infased into a Kentucky contract. In this case of Daan and Auder- son, Mr. Dann, the sergeant-at-arms of the House of Representatives, wus sued for false imprisonmeat by Mr Aaderson. ile appeared ond pleaded his privi! ‘hat plea set out tha Mr. Clay was Speaker, Mr. Doler- ly clerk, and Mr Dunn sorgegnt-at-srms.| The arrest was for a contempt offered in the presence of thy House, The pisa set out that these parties were all elected of- floers, and that the warrent was issued by them, and that ail was dove according to the rules of the House and toe law oftheland. To this ples, the plaintiff demurred, thereby admitting the most important fact, that the pro- cesdings were all had in ecoor2@nce with the rules of the House and law of the land. The case was tried upon the poiut whether the House could punish for contempt in any caseatall The force of tie decision was, that both houses of Congress have the power to punish contempt ; but it is very far frem seying what is» contempt of the Senate, and far from saying that the Senate can puntah in every case. This case, therefore, is no authority The return must show thst the case comes withio the powers ackaowledged to bs vested in ths Senate Mr. B. said foriher, if tne grant of this power claimed by them was not to be found in the constitution, is it in tne common ? and ifso, what are its limitations ?— As to the power of tuis court to enquire into the offence alloved in the return, be, io fact, » contempt or not, he cited from 9th Adoiphus & Ellis 1; Bolman & Swartwout, 4th: Cranch 75; 3 Peters 201; 7:h Peters 568; 7th Wheat- on $3; 9th Peters 704, 36; Common Law Reporte 18, 64, 67, 70, 79; 84, Wilson 188, 2; Blackstone Report 754; 14 East 1;2 Lord Raymond.’ ‘the case in Waeaton only goes On to affirm that the courts had a general pow punisa for comtempts; but will any one contend ¢ S.pate of the Uniced States, in this case, i general jurisdiction. Mr. Bradiey then co! rious decisions of the above cited oases, and sai! the court could not fail to bs startled with the extraor- dinsry assumptions of privilege by both houses of Par- liament, among which, are ths following : For shooting ducks in u member's pond, for arresting «servant of a member, for riding a member’s horse, &3. &e. Yot, not- withstanding all this, he still considered none of them as equalling in injastice the case now before the cocrt. In all these cases the arrests were open, the proceadings pub- aud all was transacted in opsm dey ; bat amid the whole range ofthese cases, there is nota siugle one where Pirlisment tried and punished ecntempt secretly etrom the Common Law Reporis, ths Lord cellor decided that Pai liament was supreme, but that neither house, aciiag by itself, was susperior to toe law. Mr. Bradiey asked. did ‘nis reiurn show upon its fsce ‘hat be was punished by imprisonment for any offence known to the laws of the United Staes? Wnhat doer the return say?—*Woereas, Joon Nugen: & witness sum moned” Io what case? In what procecding? Theo re- tucn rave that he © aaswéred tho following interrovato- is not the r Now where ace the answers? Suppose it sduii appear, us itisin fact upon the secret jouruals of the Se.m'e, that he fuily, completel ticey exoners, iy aa! ted the Senate ani all its officers, what right have ate to imprisoi tuis pacty, becaase he will not vhem ia theic acarch after sombody elee? What ri we the Seoute to resolve themselves into an inquis tion to seek out some subject wuich is known to nv one but themeeiven? Is the Senate the grand inquest «f the mation? I they desire to impeach tho President o: any other officer ot the Union, are tuey the proper par ties todo so? Doss not the constitution of the United Statos declare that the other branch of the Legislative department shellimpeach? Is not the clearing of the jenate aad its officers allthat they hive a right to in quire into? in tho spirit of all the cases I eited- particularly that of Anderson and Dann —it appeared on the face oi the return, that the officers of the House wore acting in accordance to law, but hero tt does not What is ths answer given to the process of this court de- manding the cause of commitment and detention of tpis party? itis thet the party was called before the Senace in Executive sessiou; aud therefore, they cannot late the cause of his capture aod deiention, be- ise to do 60 would be to violate a rule of secrecy. esta. blished by themselves. Mr. Bradisy, in conclusion, raid thet the return of the writ of habeas corpus was iusufll- cient upon tts face, and therefore, the party was enti- ee to a discharge, which he now meved the court to order. . Mr. Cantisue rose and said, thet his best apology for tae incoherent and desultory remarks that he desired to make, to state the isot taat he was not retained uatil the argument had commenced, aud had not had ea opportunity to investigate the subject. Bui, upon a case of this kind, he considered that it did not require such very deep examination to arrive at a asfe Judg- ment. It was @ case where the liberty end rights of an American citizen were attacked and invaded, and in bis opinion did not require gr at legal scucen’ to iavesti gate it. 1t was the exercise of am arbitrary power on oae ham}, and the coustitution and laws upoa theother; and in uch a question eny mind gifted with ordinary jatelligence could solve the ject. Waat is the re- tarn to the inalienable right of hubeas corpus, made by (he efficer of the Senate? Why it is this: that by the “rules and orders” of the Ssmate, @ portion of their proceedings ia to be kept recret, and he cannot divulge why he holds the party, because, if bo does #0, ke vio- lates his oath of office, Mr. Carlisle said he never heard ofany case of late occurrence wherever ® patty wus coudemaed and punished by any tribune) whore pre- csedings re conducted in secresy, The constitution ef the U. 8. guaranteed to ¢ Il cases affecting D, ths proceediags should be public Mr. Cartisig continued his remarks, arguing mostly upon the injustice, cruelty, aad inconsistency of upy Uribunal existing in a free country, under fn free consti- tution, ond enlightened laws, whereat parties could br tried and condemned in seoret. without counsel. He urged that the re-celivery of the prisoner to the cusiaiy of the Senate, wae but the recognition of such powers ia that body, as were never sarparsed by tiore clais by the star chamber, or the inquisition; and which rendered ‘ioe two institutions a bye word fo iaiamy and oppression He discanted at seme ieogth upon she jealousy with which Amerioeas, their consiicution,and their iaws, looked upon avy power that could,even by the greatest abuse, bo rendered oppressive to the liberty of the citizen, aod repeated, that such @ power was nover contemplated by the framers of our constitutien, as be longing tothe Senate. The remarks of Mr. (. were for- civie, and frequently eloquent. ir. Coxe said that in one observation le by his jends om the other ride, he most fully aud cordially coccarred, wnd that was, that this cure is one of the inost iinportant and interesting that ever oocu- pled the attention of a court of justies. It mot only iavo'ves tae rgat of the pertiouls: cit xen now at he bar, but it invoived the rights of every citizen. It aiso javolved one of the most delicate questions ns to the #iminisirstion of government —ths bringing the judicia- ry in conflict with the lagi meat. It ia, if we give this court aright to di ‘we the person, mak- jog the ja sioiary paramount vo ail other brancher of the governuent, To do #0, be considered, was neither con etitational, expedient, nor just. He had always consi- dered the sheet anchor of our liberty, the rights of the psople and tho safety of those rights, all depend on the entire iadependenoe of each branch of the govera- ment from the oth And while he would proteot the jadiciary from thi er braoches, he would also desire to protect those other branches from the judiciary. It is not tho fact that tae judiciary have any power para- mount to the other branches of the government There Px oases Ww! the acts of the executive and le- gislative departments may be brought before the Judici- aty, aod upon which it will have to pass; but still there ig nO case in which that judiciary can become paramount to any other branch of thegaverument. it may be. is, co-ordinate with, but never pira.count to ihe ot! The jadioiary oan never have the right to reverse or di the other branchesofthe government. W: of thiscese? The petitioner prays, inthe he He pays, in his petici Root. Beale; no other description than alm- ale. The writ is granted, and the return is made to day. Lhe ong A the care was ons between one citizen, pamed Jobm Nugent, and one other, named Robert Beale; but to-day, afver this return is made, it appears to be @ case between Rober Beale, Sergeant at- Arms of the Senate of the United States, who noids the otuer party, John Nugent, by virtue of his office and the warrant of the /’resident of the Senate, attested by the co-pue, amd eutog Mr Cop re Beals false imprisonment; for, th tas totter onl, wo micht investigate the legality fz the proceeding. There is nothing before the court but a mere return 'o a writ; and it willbe considered by the court, that, in » mere turn to a writ, wa mesd not be as specific as we would obliged to be ii peciul plea. What is the return Mie? Th t says, that he is a Sergeant-at- Arms of the Seu: fecret session, or these proceedings bis oa.b requires him to preserve se- cret, snd he is not allowed to state, but he produces to the court the finel warrant of the Prosident of the Senate committing him to hisoustody. The question is asked, were the Senate right in what they did? and is thas court at liberty to review and reverse the action of the Senate? Upon theee questions he atked the attention of the court for a few minutes. Mr. C. said thet be had beenemployed by the Senate to represent them before the court, He regretted that, in consideration of the inagnitude of ths case, that some one else more capable hed not been selected, and more particularly as hie health was such as to make him una- ble to give it thot research which it deserved and re. quired. We had heard many hard names applied to this proceeding of the Senate. We have heard the Star Chamber invoked us preferable to i have heard it compared to the inquisition. Are gentlemen aware that seoret proceedings are constitutional, and that tha po to make their proceedings secret the consticution? Mr. BrapLey—We never denied the power. Mr. Coxe—I did not hear it admitied; but | heard it denounced, and all the odium possible heaped upon it. Judge Dusiar—ir. Coxe, give us the article and section. Mr, Coxs—It isin articia 1, section 5. Moreover, by the act of Congress of May 84, 1793, to be found in Gordon's Di 7, they ate given tho power to admin- ny caso they may huve before them we fee that the constitution gives them ud the act of Congress rowths In the first Con- nearly ail the business was transeeted in the in secret session; and this was done in the days of Washiogtoo, who was Prey it of the convention who framed the cocatitution ‘here is nothing in pre cedents—nothing in the past or present proceedings of the Senate, to justify the rebakes and attacks made upon secret sessions. Has any branch of the judiciary —the highest or lowest courts—the power to send ti ministers into the Seaate and comprl them to di the proceedings kept, in a msnner, constitutional expressly given in Again, paris of ceriain court proceedings are secret— every court martial bas secret sessions. Mr. CanuitLe~ Mr. Coxe you do not mean to say that in courts martial thsre are no pubiis trials? Mr, Cox«--I mean to assert what I asaert, and to deny mach thac bas been said. By referring to the history of the couatry, aud coustitulisn of the United States, | tniok that ail tue odium that Bas been sttempted to be theown upon the ssoret proseedings of the Senate, can be completely acswered, and { thought that it was ont of taste for auy one in this day to make courts of justice ag arena for atiempting to make oue brepen of tl goverament odious or mean ia theeyes of tho othe: The return to this writ must of course be taken as truc; is cannot he traversed nor controverted, but must be considered true, The return seys, *toat John Na- gent,a witners, being summoned, appeared at the dar of the Senate, and being sworn ‘as @ witness,”—here he is culled os a witness, appears at the bar, aud sworn according to law; all done in pur. suance of law and the coastitution What in all tais is wrong. He was swora az a witness, and as the retura. —he answered cortain interrogatories. Tae Sonate noc deeming his acawers sufficient, put others to him which be ses to answer. The Senate, there- fore, adjudge him in contempt. Now, where ie the tri- buoal wito jurisdiction to reverse this decision? No To what court willa writ of s:ror ie? Tonone Aad Mr. Coxe tatu that he denied the existence of any court that bud jurisdiction to reverse the decision. Mr ©. read from the case in 8d Wilson, 199, to show that all courts had power to puuish contempts generally, either by themselves or some higher court; acd that as the Houises of Patliament had no su>erior tribunal, their decision upoa a contempt was fnki, und no power in the world couid reverse it. Every tri uaai must be sole jadge of its own contempt, and that ia a returntoa weit of habeas corpus, it was sufficicnt to state generally tust the privilege cf theHouse of Parliament had been violated. He then referred to a book entitled the Lives oftne Lord Cuacceilors, written by Chancellor Camp- bell, 34 vol page 269, wherein the case of Lord Shafiee- bury is alluded to. Also, to 7 vol. Dane’s Abridgement, 304, sec. 7, tithe Habeas Corpus; to the ease in 7th Wisaton, 38, where one Kearvy,who had refused to soswer a question in this Circuit Court, use he said to answer would oriminate himeeif, corpus was sued out to the Supreme Court of the Unived States, when that court said that tt had no ap- peliate jurisdiction’in criminal cases, and argued that this court had 20 appeliate jurisdiction over the proceedings of the Senate. He read from that case to how that the action of any tribunal punishing @ party for contempt, was final, sud could not be reviewed by any cther, Phe judgment of contempt, was s conviction; aod the imprisoament was execution upon that judg: gent. Mr. C. thougnt this case conclusive ‘i'ne action of the Senate in tuis case, he said, would be sanctioned by every instance that had occurred since the history of che country, both legislative and judiciary. He read trom Gales & Seaton’s State Papers, i vol. 208, the rsport of @ committee of the Senate, upon the publication ot Vir, Wm. Dasne, editor of the ddvcrtiser ard Adurora, &o., summoning Duane to appeur before the Senate. Among the documents were tue orm or the wurrant, which is followed im this case exactly, and sigaed b Mr, Jefferson, President of the Senate. A previous case. to be fount im the same volume, which occurred in 1795 (Randall Whiney’s case), where the party was arrested oy the Spoaker’s warrant 6 NeXt case ocours in the journals of tie House of 1812, page 286 where on motion of Mr F, Grundy, a commit. 0 was appointed to inquire whether tucre had been any violation of the injuaction of secrecy, piacrd upon certaia proewsdings of the House That commisteo summoned one Mr Reasalloar, who refused to answeroertain questions, He was sum- aoned te sppesr at the bar; be did #0; and tho speaker addrersed hia certaia tut-rrogatories, he refused to wn- awer@ud the House ordered bim, 10: committing con. cempt, to be kepGan custody of the Sergeant-at- Arms He ‘emained in custody some tim length wrote . joker to the Speaker, disavowin, mt@ oontempt, and a willioga dons. He wae again summoned to the bar of the Huus and repeating the contents of his letter, he was dis- charged. Here were several ceses where parties wore «teeaced for contempt, and had been commitied ia va- stous forms; und who was to settle where the authority of tu@ Semate ceased? What was tho suppositious case put bythe other sid+? It is, that the paity compistely excaerated the Senate and its officers t-om being the persons tcom whow ha obtained the papers But is this oll? The Senate bas a right to go farther; they o prosecute the enquiry to cee if there inay not be an iu- vermediate party. What so easy? A man may say clearly that he did not receive these papers from any Senator; bat, at tho same timo, they imigit have come trom @ Senator, througa the agency of an intermediate party. What is the natuce of @ privilege? Isit torred uogoa the Seaste for their individual benedt? Certainly not; it is given for the benefit ef the whole sommunity, ‘They have right to protect their proceed ings from viole: and contempt, because suoh viole: aight interfere with the public businers of the count ‘or the same reason they are privileged irom arrest, be- cause the joteresis of the public mixbt suffer from the errest and absence of @ member. The court itself has ive privileges; but ‘bey are not given to your honorr to lend additional dignity to your office, but from motives vf public considerstion and « regard for the public inier- vats, Mr. Coxe the. said that ive case stood betore the court upon the single question—did the Senat right? and from this sprang the inquiry, bad the o right to examine that authority in the present case, He argued that if this case were w suit for false impri- sonment against Mr. Beate, thea the court could exa- mias into the merits of the whole matter; but upon habeae corpus, the only question was the validity of the commitment. He again asked, where this court or the Supreme Court couldebtain auy power to investigate a decision of any body upow contempt? Wuat is a con- tempt? Every court isthe judge of its owncontempts. iti said by the other party, that in Loui ommitted a most distigguisied citizen to which ed in looking at the jadge. rests entirely with the court to say what is contempt. Thea contempt, but merely limits the extension of ite power to certain liner, the faot of a contempt being atill left to their discretion Sut vo where has the power of legislative branches of yovernmen: to punish for contempt been abridged or confined, and Mr. C. claimed fer the Senate the same cower ponsessed by the courts before the passage of the act of 1831. He regretted that he had not heen able to to the case, but boped he bad said soough to eatisfy tho court that it had no jurisdiction of the oase, and that ths prisoner ought te be remanded The courtthen, after remanding the prisoner till to- morrow at 10 A.M , adjourned Another Letter from Gevernal Taylor. Baton Rovce, La, March 3 1848, Dean S:n—I have had the pleasure of rooriving your letter of the 17th February, euclosing a copy of tha reso- \ations adopted by the Senate of Indiana relative tothe serviors of the officers and soldiers who were under my command ia Mexico, and also to myrelf It is deeply gratifying to me to receive the marks of a proval and geatefa:expreesions embodied in thea res lutions; but it is tnduitely more gratifying and acceptable that they are testimonials from y State to which | have, by early associations as well y a iriendly and warm regard for her citizens, always been warmly attached. Che remembrance of my earliest nervioe upon the borders of Indiana, and my iatimate acqusistance with her early bistory, awaken ip me the pleasautest feelings (It would have afforded me very great plessure to hava acorpted the javitation to visit the State as expressed in the reso- uations, but [am induced to avait ia the neighborhood {this placo, where I have located my family, suzh or- ders as the Department of War m y moment oom- wank to me for fature nervies in the field in relation to the impretsion, which seems to be our- rent, that my offlc «! report of the battls of Buena Vista has do-@ marked irjustics tothe 2d Regiment of Indiaca troops, [have only to say, that nothing has been deve- loped subsequently to the date of that report to caw me to change it. It was founded upou my own person: observation on tho field, and upon the official state. menta of my #ubordinates—and [ would say, that all might have been well had not a of the officers agita- ted the subject ina manner greatly to injure the regi- ment, and involve the credit of the St which I very much regret. In all armies the best and most experienced troops have been at times subject to panics under a murderous fire of an enemy, which aro inexplicable. Such, it is most probable, moy have been the « question. 1 my my intention to have resumed his attack always felt assured and o been renewed, the 2d Indiana Regiment would have a quitted itself with gallantry and intrepidity on all future vecastions before the enemy, Piease convey to the members of the Legislature of the State my high sense of the compliment they have go flat- teriogly conferred apon the officers and meu who com. comman/l ia Mexioo, and for their honorable jad the battle "vith sentiments thigh ty Tom, deer ate, sen! 6 6m. r mest obedient servant's TAYLOR, Baverons, April 6, 1848, The Bank Pante. Nothing further has been reeeived with re- gard to the condition of the Mineral Bank of Camberland, official or unofficial, and note-hold- ers are beginning to sell for whatever they can get forthem. The Havre de Grace Bank having met all demands, its notes are in more. favor, though from the fact of its being located in a re- gion of country that has not sufficient business to gustain it, it must always prevent them from obtaining a general circulation. Purapevpuia, April 5, 1848. The Hutchinson Case—An Old Convict Arrested. The speech of D. P. Brown, Esq., in the in the Hutchinson case yesterday, was an inge- nious defence of the accused, and displayed the grounds upon which an acquittal was asked for. The acts of Congress under which the jndtet- ments have been found, are directed against offi- cers or agents charged with the safe-keeping, transfer, or disbursement of the public money, who embezzle or convert it to their own use. Mr. Brown contended his client was not an offi- cer of the United States, but only a clerk, em- ployed by the treasurer of the Mint, and therefore did not come under the provisions of the acis of Congress. Thos. Sergeant, Esq , conciud-d the argument for the defence, just betore the court adjourned this afiernoon. T. M. Pettit, Esq., the district attorney, will close the argu- meat on the part of the government to-morrow. An old convict, named Charles Langhiem, was arrested at the railroad depot, this morning, when just on the point of starting for your city, ona charge of rovbinga tailor’s store yesterday of $84, while there tor the purpose of getting some clothing that had been made for him. Upon searching him, $200 were found upon his person, the most ot which was in gold. He is repurted to have been acompanion ef Langfeld, the supposed murderer, and to have come trom the same town. He was discharged from the Eastern Penitentiary a few years since, having served outa long termof imprisonment. During his incarceration he painted his cell in the most beautiful manner. Since that he has served a term in Sing Sin, Gen. Taytor.—The Mississippi Free Trader of the 28d ult. states that General Taylor spent the pre- vediog day in Natches. and left that evexing for Baton Rogur; and also adds, that an arbitration respecting the coundary of his Looust Grove plantation, involving about 160 acres of land, has beem decided adverse to Gen. Taylor’s claims. Hieuway Rosgsry.—Early on Saturday even- ing, Mr. Joseph Childs, a farmer of Natick, was orployed by Jaumee and William Riley to transport their luggage from the railroad depot~at Natick to the village of Cochituate. Mr. Childs went with bis team, delivered his load, and waa on his return to Natick, and when within @ mile or so. of his house, was assailed and beat and left by the road-side, a8 his aseailen supposed, for desd He was discovered accidental about 11 o’o\ock at night, lying in a perfectly insenseble condition, weitering in his bluod. several severe wounds having been infiloted on bis head, apparently with a olub. He was conveyed to his house, where he remains io # dangerous stats, although it is not improbable that he may recover. Suspicion having immediately rested upon the Riley’s, they were arrested yesterday morning, and examined before Justice Adams, at Natick. They both stoutly denied any knowledge of the transaction; but the exnmination elicited the clearest proof of their guilé. Uvon one of them was found a pocket book which tas been identified as Mr. Childs’s, and alo about $15 in bank bills, some of which were identified by individuals a8 having been psid to Mr. Childs This was avout hal! the mount of money which Mr. C. is known to have had about him—a fact which romders it probable that the murderous villains had made sn equal division of their spoils. Upon the same man was found a pistel. my, ere committed for trial.--Boston Travellor, April 3 New Opp Fe.tows’ Lopgg Room.—A new be the most capacious in the Union. 16th ult. it issituated sions of the room are 70 by 36 feet length and width 15 feet high Tho decorations are gorgeous, and we gotten up at an expense of about $2,000, which is di ‘led between the Hope, Union, American, City, Philan- throp c and Samaritan lodges. The walls and ceilings are exquisitely painted in fresco, in imitation of rico Gothio srohitecture ‘The prominent emblems and co- lors of the order are introduced in t covers th of the officers are uf carved oak, Double rows of sofas are placed on room for the use of members. There is an excellent or- san in the room, end the chamber is well lighted with sas. Arrains In Romg.—His Holiness honored the consul of the United States with a private audi- once on Saturday, 12th instant, to receive the address 0: rge number of the citizens of New York to the Sovereign Pontiff, expressive of their respect and admi- ration for the character of one who bas done so much t LFomote the canso of liberty in the Poutifical States, aud in Italy generally. Major Smith, of New York, the varer to Rome of this address, wes presented to His Holiars:, who expressed his warmest thanks to the et - zeus of New York ani his earnest wish for the cou- juued prosperity of the whole American people.—Ro- nan Advertiser, Feb. 19. Antieva.—The House of Assembly of this Is- land hus agreed to send a memorial to Her Msjesty, prey- cvlopy may be relieved from the support of any establishmeat, however limited, for the cvilection of the curtoms dutie jermudion. Morch 16 MARITIME INtQELLAGaNCE. —E Port of New York, April 6, 1848, 6 1048 Cleared. Ships—Switzerland, (pki) Fletcher, London, Grinnell, Min Eberhard, (Hrem) Tremorious, Hamburg, Schmidt lehen Keaolare, (Hol) Relafe, Amsterdam, HW Bur- age, Kichird Cobden, Sarrel, Savaasah. j«rks—Joha Potter, Maillard & Lord; Jolumbia, beeche do, Welsh, Magne, Mobile, & D Huilb: ‘own, do; Ki \ Satkley, Chariestoa, Dual Inca, Buxton, Balti- more. Grige—Belfast, Jordan, California; Jeorgo Loring, (Span) ora, B Howes, Godirey Cor Republic, Little: Hill, De Graade we 30; Mytvia do, Mail- ‘ard & Lord; J Sutton, Sutton, Myrtle, Chapple, “rovidence. é Sloop—ladex, Buwper, New Bedford. Arrived. Paeket ship Scotland, Urqunart, Havre, March 6, and Tor bay 12ch, where in ou account of head wind heavy aad westerly gale: nd 181 clay & Livi & reuher on the passage, sphit aii Bhip ttaly, Baker, Liverpool, den & Co. March 433, lat 4332, rigged, sendding under reefed topsmis to the Kastward—no amok “from her vives. 267 sieerage pasrergers ide, Higgins, Liverpool, Feb 17, with mdse, to Mey. Liverpool, March 3, in ballast to J B Kitsh: , Foody, Liverpool. 32 days erage pas engers, to Carlisle & Rip cage. ‘athuson, Shields, 60 days, with mds, ke, March 9, with mdse, to Harn- lon 39, passed a steamer, shiv Ir Ship Warr tom, Glesgow, Feb 27 with mse, to Dan- ham & Dimon.’ No date, Ist 42 15, loa $9 50, spoke ship Wel- lingtoa, from New York for London, 5 days out. The W. hus aad very rough weather 90 steerage passcugers. Ship Philade'phia, Weare, Palermo, Feb 4. and Gibraltar, March 8 $d (rom Giral.ar ia co with barkd Apollo, Chase, ‘or New York: Prompt, Wellaan, for Rvatons (U Heviaa, D Godir-y, Bent, for ore: wt Chiladelphia; ( 100 other veesels. : British bark Witch. Brown, Liverpool, 60 days, with salt, Xs. ty Wilson & Brown Bark Clarissa, (ef New Haven) Clark, Ponee, PR, 20 day: with sugar and molsses, to? Harmony Nevhews & Co. 25tn ait, Int 28 41, lon 72 53, changed signals with ship Howard, teert g Si. Bark Leopard, (of Thomaston) Vesper, New Orleans, 26 lars, with sugar, to insster, ; Bark Sarah Jackson, Hodgdon, New Orleans, 18 days, with tnolasser. to A 3 Ridgdon, of New Haven @ lark Peytova, Bown, Balumore, 8 days, with mdse, to & ire, $2 dave, with coal vad 104 steerage passecgers, to) H Brute Brg Saran, (of Portiond) Willard, Lanzarote Canrry Isl- nds, Mareh 1, with barila, to © KE Quincey no Amer March 7, lat 27 35, lon 57 20. spoks brig Science. from f vr in Key West, 95th ult where she pot in ckness of the crew, Wt hides, Ke toRP Buck. Leftno Am at Congres 4 Brig F.b.us, (of Baltimore) Manson, Laguna, 22 day, with logwood. to order. ” (of ‘Thomarton) Watts. New Oneans, 20 to Sd inst, tae 34-40, on 7h apoke hence for ‘vew Orleans ‘on, New Orleans, 20 “savy, with m-Insves, rs New Haven, March st: Int_33 18. lor 73 HM, Pailadetphia for New Or 74 18, spoke brie GB ke trig Joweph Ury- on 4 it Tore yard in'n seyanit, tie , Crawford, Savannah, § days, to Day ham Brig Excel, Ravell. Bey tT a Fale: rannah, 7 days, with cotton, te Stor ges & Clenri ‘was. reported ig having art ved on at of the moruing papers of that dny } British seh : , j rept eM te ee onith: Bermuda, 7 days, with arrow 0. i British ache Mary #1 4 WHth Beh al plaster a bath, Lemoine, Avichat, NB, 14 days, Britvah sehr Indus, Day, Halifax, NS, 9 days, wit)’ fish, to J Huuter Urapn, Jacksonville, % days, with ‘lamber, to ‘Trenday might, Schr Palos Gilehriat & ont 9 oelock. while lyit t Am! Co, ft The shi * Behe Bena Vielow. New Orleans. 11 days, to EK Collins. N: t Indies; Elizaneth, do; Al wench rgb E AT Feaket ship Owhneland ot f+ don, in going dowy the bay’ | omsntarten tet: tou, trom New Orlenns, whieh the '18th inst, will be more or len J company, put in here, and sailed yesterda’ but wes off by the steamboas to witkeat April 5—Bunrise, Wind W: meridian, NW; sunset, NW Se “ Bersid tess Corecapundence. Key Weer, Marc. 24-~The eargo of shin Brewster, of Bos ed near Cesar’s Creek ou s injured, save about 13.0 bales will be got out dry—five loads is atill here. Py. is taking in cargo, and will sail in a few days Brig Viet. orine, of Harwich, will sail for New York ia abou with a cireus v for Nassau, Wolcott, Northam, 10 deys 8th, bark Aun D Riehard- Adrion, West, from in in consequence of the 14th for New Bedfi aiwicg for the benefit of medieal advice; 11th, sehr Hopkins, Ply- mouth, NC, 18 if, Delarrar Biethus, Norioll 26 daye—satled nex: day for Porto Rico: 14th, is Nobl Boothe, Alexaudria, 13 days; bark Archibald Gracie, do, days, fm port, bara imma Isadora, repairing. Parcapecrnia +April 5,4 Pp m—Arrived—Ships Helen Schr Gen Worth, Atwill. from Vera Cra; tu charge of ell, Liverpool; Johu Dunlap, Norris, do, via ark Creole, Clark, Londouderry;, bri bbort Baker, Bostoa; Mary H. Crowell, do; schs. D la- nses Brown, Hal ston: Mars PSmith hobinion N Lou rovidence; Boston, F Lutterloh, Somers, Charleston; i jedford; Barah Louise: Prentice, New Kelly, N York; Genius, Gifford, do; Juni Sahlind, Elliott, Beverly; Oregon, Post, ussell, Bay Bostnn: Queco Retr, Pore shiand, Hiott, Bo: Charles H) ‘Lee.burg, Boom Wilmington Nese Mircallaneous Mecord. KET ir Switzencanp, Capt Fletcher, for London, it to-day. x nw D Ricwarpson, of this po: at Barbados ia a passsge of only ni Ba ann Gites ef Dundee, Cras ford. from Savannsh booud wo WI a cutllcays, witha cargo of pitch pin lamber, pui Georges, Bermuda, lenkjcand will have to discharge: was towed into port on Friday, [7c Mareh, Ba wake Anes Gumone, of Glasgow, (an Old wreck) was parsed 8h ult, kit 3921, lon 20 58, sails blown away, main aud mizen mass sprang, aud Py choved: cargo partly gua no; had apparentty been abandoned a long time. Notice to Mariners. Boston, aan 5—The buoy upon the Upper Middle, at the entrance of this h+rbor, has been dri from its proy i> siou, and jour twice a ship’s leugih Soushward of its true position. One vessei grounded upou the Shoal yesterday, and three to day. Whalenien. See Coriespondence. J=The following is a report of whale Bedford, to cruise; 2th, t, Pendleton Mys- wry. of N Bedford, petal B, to cruise a few mos, then home; 13h, Stewart. F tiavea, N WCvast; 16th, Midas, tidredge, NB, to cruise GWConst; Mid date; Jno Adams condemned, cargo t-ken by T spoken Dee 29, lat 22343 Irn 8650 E, ship M Crocker, fom the Coast of Japan: for N Bedford * Atr at New Bedford, April ker, ludian Ocean, St Heler Left at St H Spoke Nov 17, lat Seg Harbor, 500 bbis. Spoken. Oroximbo, froin Falkland Islands for New B f ind bearing N distant 30 miles, 29 mom 1s vil, by the pilot boat Charlotte Ann, at this of New York, from New Orleans for Liver days oat, March 24, lat 21 20, lon 8058, tS) Ma cia Cleaves, from Cork for Soston, March 13, lat 45 54, ton 19 55—and again on the 19th, lat 4951, lon 38 44. Wiareh 20, la. 31 10, lon 59 50, passed on Am ship steering te SW, show ug a blue sigual wich red ball. ig Veto, “hute, fom Providence for Matanzas, March 23, off DH Shot K: Brig A siayford, 8 days from Boston for Galveston, Meren at Tat 27 20. Jon 70 40. ri mira, of Thomaston {com Philadelphia for New Or- leans, March 26, iat 31 40, lon 73. Lima, fom Portiaud for Havana, March 31, lat 3040, a Atle Dammcns, from Portiand for Mobile, March 31, lat 39 On 70. Brig Charlotte, from Boston for Havana, Apt 1, Int 38, lon 69. Br brie Peter I Nevius. from StJohas for Alexandria, March 30. off the capes of Virgiua. 5 Brig Wabiu (suppose: from Leguna) for Baltimore, March 5. Jurgen, from Baltimore for West Indies, Mareh if Wiscasset, from Damariscotta for island IN 26 miles, by the George Washi at New Bedford. < Schr John K Randall, (of Freetown) Dean, from Baltimore for St Thomas, March 1b, lat 27 27, lon 64 10. Foreign Ports. 24, March 21—Arr brig Orleans, Macey, New York. Feb i8—Sid brig Hope, rierce, Rie Grande; 7th, seb h, (3 masted) Woodman, do. rk Ranger, Safford, une ; Haudall; Autoinette, Pace, asd Sarmh, MeGi Jeatta, Clark, from Boston, diseg; ‘Washi:gtou, Munroe, ‘atk, 15 dys frcm Seaport bark Odhir, V.xe, New York; shiz, yam, Vica Purena, Parker, Matanzis; Elles “hurebill, Wi K Kacx, Belcher, Augua; scirs Joshua Brown, Coopet, Cabanas; Cherokee, co; 23d, brig fom pomemegy y flat re joston: others as before Havana * reh 24—Cld tle, Lindsey, ~plendid, Biake, Santa NewYork, for N York Mataszas, March 22—Tark Macedonit, Robinson, fm Bos- ton; bries America, Treadwell. fm ; Plato. Bachelder, im N York; ®melioe, Smith fm Brivtoy; Fixnees, Lagiaham, fay Warren; and others as b:fure. Matanzas, March 25—Goiog in, s¥ip Rebert Patten, Win- mall from Boston Rt . Brandy. 7 ridy and 7 eat ton. 4 dy Foxcr, PR, March 16—Brig Adelaide, from Newburyport, arrived ® Annas. (WC Ames; Feb 5—8id bri «Harding, York, - genre eort an De CUBA, March 12—Brig Richm: fm St Thomas; bars Nancy Treat, Lutiefield, fm i3th, schr Navarro, P . fin St Jago; brig Logi do; sehr Sea Lion, itichard fm Wilmirgton Nancy Trea’, Littlefield, NOrieans; 16.n, schr N. ora, une ‘Trinipap, (Port Spain,) March 7—No Am vessels in port ‘VaLranaiso, prev to Keb I—Snips Minstrel, Doane, Medora, Bhool, from Boston. Home Ports. Arrxanpnta, Apl 2— Arr bark General Harrison, Poythress, Barbad »—jaased at Lower Cedar Poiot, brigs Irviig and Ann. foat.n, bound out, aud » Br brig at Upper Cedar Point, bound ap; miso arr, brig May flower, « ochran, Halifax. A La, Moreh 5—Brig Vel Bell, for NYork, Walker, for Baltiore Rds. 4 tow. Apil4—Arr ship Roby Pulsford, Caldwell M. nilla Novi, St Heleoa, Feo 15; Torqnin, Wilson, NY oarks Neptune, Heary, Cronstadt, Nov 20: 1 Kirg, 5 4, S.earns, Porto mii , Chase fin, Ja'Isth, bark varro,tow- ny = na, Jan 2l; Prompt, Wellman, essinn, (vu 2 altar, Maer 8; Nautilus, Iugersol!, Paterma, Jan 3. Gib: h wits Heu= ry Ewbank Llovd, \iverpools Tivola, Whee: Cherokee, Hiusnp! rleston; Wyman. re; brigs Lacc wes, Vhuladelphia; Vandi 4 Jleton. Haven): Hivoner Matanges; Vor ale tt, Biltimore: Leal, Pailsdelpiias Canton, Baket, dot er, ce, Harding, do; robe Wain. China, Sindis), do; sachs Kamateld, Snow, ory sae Prospect, Genn, !rtunzas: Mmeline, Vaterson,f Jarde- gar Del Norte, Dow’. Suffoik, Vaz Raibow, Rome roy and Cowell, Baker, Kichmond; Juo fimmous. Small; # fyriot, acon, Saow, sud Fuirfie d, Nickerson,” wortolkt well do: Virgiaiau, ick ins, York Kiver; Go! Vawrence, Allen shij.s Ho-abmrgh, Hatch, Cantons ark Chk, (new ot ssewenstie, 244 ‘Albatross, Cochran, Cardena’; « ayes; Stevens, Richmond. Slds¥ j, barks Borneo; Morgen Dix, Ag o3 ichoetaw. vtetamor ‘Abel Stor Horsbuy Pater down wihousa pot, got upon Bird Island ined at sunset B ird, Godfrey, fr, Atta Mercill, Jardver, ort Kn i>, Bherm € rigandeebr. Ch ship Seaman, Myrick, Velpsraiso,, ‘sed a ny whet; brig Boston, Nickerson, B ston. | Barrow, t1, April@—Arrsc Ars Mary, Biuat, Baltimore. seh sid be Empress, Chure, Mavave Uasring, Maren {7—Ate vehis Putapago, Werdwell, and Neatprake, Brewer, Bill! more HAnLysToN, Aol lm td i 1s ‘ gourd D. bork, (Bt) Tesla emma eet Carter, Boston nr. March he 2o—8id beg Loui Bow ayn., co, Matanzas. and pessed up Jackeor, Card en: April Sin port, brdgs Levant, Jellerso) Suston; Comm Stew art, Mage\inan, do Fa Georgetown, ( ; vr dox Julia Pays Mayflower | guekeville, 8 C dargmg «atmngis for Buckssor's Car nes fo" doston; Metella, Nerfo k far’ Billow. North Caro "Cx do: Mary Eleanor, Batt a for do; 8 Davie, M fi Oraen, Telula, Harry t Ann, and Marietta, Phi'- Eliza 5 Adva: ce, Burnes, to rine, Boston fa New York, pri 3—Arrschis Aon D Seaman, New York, | Nanrouk , ‘Jone, Vaughan, Gloucest/-r; Oxeroln, sich, Boston: ne, Good bound ty Boson; euvitas Mary Haine tne it Conderetia, Bakes, Baltimore, ‘oound to. Pro Hope, Fielding, Frederreksby, oles, Thurswoa, Providence: vin Mataozas; Commerce, Aydelote, Norwich; mound Logg = New Yor! oviaence, Shanks, for Wandopasso, Fall Riv jelphia for Boston; ann, N York. for dog nn. AD jore for Provi- Bonuld, Yor dot keleanor AM Arr sloop Corinthinn, NYork, w Bapronn, April S—At ee Ge charehil dlavarn, i Campbell, from New I pri S—, : iin =Brig Tom, Paine, Vite bound co Wilmington, Nt: KTLAND, * a April d=Arr by Cardenas; sehr Corsi, Horton, South G rts cos John B Bpofforp, Longs nia: | it ger, Sands, Rappahonnces: Cheaspenke, (of New York) stewart, Baiti- more; New en, Kelsey, Phiinde ee tae, ta, thilt, doy Dait, Brit iow, Wovdbridge, NJ; sloop Lamph New York. A sf » April 5—Ar brig Ryder, Boston; sche serene PEUT Dureosne, Arichat NS; bxpedite, Rackett, ton, Hilliard York; sloop William aoa ta ge Ehiladerphie, do, id lamono, April 3—Arr achra Orb, Walker, Attakepas; Banger Crouch, Lhomost ath Baeon, Sheerman, New York; brig Bloomfield, (B:) Cathail, Windsor, NS. Sid achrs Segochet, Watts, Portland, David Hale, Bogart, New York. Satay, April 3—Arr achs Pilzrim, Richmond; 4 Small, Nvork. Cid brg Cherokee, Wallis, Zann Mary Clark, Smalley, Niork Alien’s ee P were Acrtveu, Livenroot—8hi» Woodside Lianeweaver, D Sterrott— Punsev a9, 10 the steernge. Thilagelph Mn L W N x vALEKMO— SHIP i ‘ Rewer V Kisiey edocs Bavarnan—Bog Wilvon FallerH Peck, W Stone, N 4 Peck, Prot Pesck, virs Pesek, Donovan, Mrs Jouea, W Digna Wt D Raley sete, Adee Mary bled Mice A's hing, Sirs Bertiest¢ ia the vweorage, 7” , A