The New York Herald Newspaper, October 4, 1848, Page 2

NEW YORK HERALD. Bewth- West Corn ‘Fulton and Nassaa sts. JAMES GORDON BENNETT, PROPRIETOR TER ALD— Three editions every day two cents aan al ta oer cana "The MORNING EDITION is ished ot 9 o'clock 4. M. and distributed before breakfast; frst AFTERNOON EDITION can be had of the news boys, w'elock, P. M., and the second APLERNOON EDITION at THE WEEKLY HERALD—Every Saturday, for circula- Sion on the dnerican Continent —6% eenta per copy, $3 12% per excum Every steam iggy ege- J for aeopen evreulation, $6 per annum to inciude the postage. The bbe printed in the Prench and English languages. ALL LETTERS by mail, for subscriptions, or with adver- emscnts, to be port paid, oF the postage will be deducted from money remitted, eh VOLUNTAR ¥ CORRESPONDENCE, containing important ited fromany quarter of the world; if used, will be . Breraliy paid fer, : abun rixe NTS (renewed every, morning, and to te tushed in the morning dnd afternoon editions,) a6 reasotu ous to be written in a plain, legible manner; the proprictor met responsible for errors in manuscript PRIATING of ail kinds cracuted beautifully and with de wateh. Orders’ received ut the Uptee, corner ef Pulcon and NO'NOTICE taken of anonymous communications. What. qevr is intended for insertion must be authenticated by the name for publication, but Jdress of the writer; not neces concerns not return rejected 2 a guaranty of his good faith. We ed PARK THEATRE—Navar Ex oaceuryrs—GRraxp Sorssa | yeem Lixna oy CHAMOUN( AND Tamommpr wy MADANE ‘Buswor—Brm eR aa va, BOWERY THEATRE, Bewory—Coni01axvs—Jayxy Linn —Tur Youne Scamr, BROADWAY THEATRE, Brosdway—Rony O'Monx— Revert Macaine, MATIONAL THEATRF, Chatham Street—Benerauna— | mel anp Miszzizs Os New Yornu~Kus iv re ARM, NIBLOS, ASTOR PLACE—Macyetu——Mr. axp Mrs. Wuirk, BURTON'S THEATRE, Chambers street—-Inisu Hleur— Tus Toortes—Carrunx ov Carraix Curie, MECHANICS’ HALL, Broadway, near Broome.—Cuaisty's Minera xi/:—Exniovian Sinerxe, Be. SOCIETY LIBRARY—Camrsess’s Minsraxis, MINERVA ROOMS—Tavion's Cauraions, MELODEON—Vinaiwis Sx. NEW ROOM, 322 Brosdway—Pmiosornat ENTERTAIN. ENT? NADERR, New York, Wednesdi Actual Circulation of the Herald. | Oct'r 3 Tnesday ‘The publication of the Morni: meneed yesterday at 8 minutes hefore 8 o'clock, and finished at 20 ites past 6 o'clock ; the fret Afternoon Edition comn at 50 minotes past] o'clock, avd finished at 5 minnt r @e cok; the second at 10 minutes past 3, and finished at 3) minutes pest Bo clock, Sceretary Walker and the Sub-Treasury, There has been a great deal ef commotion in Wall street, within a few days, in consequence of certam negotiations recently made under the au- thonty of Mr. Walker, Secretary of the Treasury, with certain brokers and speculators in that street, by which a large amount of gold and silver, under Jock and and key in the Custom-house, has been released and made over to those who could give treasury notes in exchange tor it. The bankers, the editors, the speculators, the journalists, the po- Jhucians,are all mixing in this new excitement,and seem to talk, and discuss, and canvass the matter, | as if the salvation of the whole human race, and the comfort of a part of Wall street, depended on a right understanding of the law ana gospel on the matter in dispute. Some of those brokers, who have not a finger in the pie, and have not received | a portion of the spoils from the vaults, are very | savage in their remarks on the conduct of Mr. | Walker. They believe that-he has violated the law, has been guilty of felomy, and that he ought | to be impeached by the next Congress, and sent to the penitentiary for the requisite time, to teach him better manners and conduct in future. An- | other class of patriots, who have, or by their friends have, shared in this round-about mode of getting a loan out of the vaults of the sub-treasury, | justify Mr. Walker, as far as the loanis concerned, | but are ternbly savage against him, in conse- | quence of his acts and negotiations being in con- i travention of the sub-treasury act, passed by Con- gress in the year 1845, or 1846. He is called a money king, Biddle, Jr., a broker, aman that may feather his own nest, and all other sorts of names, that a five point tongue can lick into sound, sig- | nifying anything. After giving some attention to this important financial transaction, we have come to the con clusion that this negotiation is clearly in viola. thon of the leading features and provisions of the | uropean edition | | on the English statute books. similar to that of the issue of exchequer bills in England, which weuld on all oceasions enable | ences a theatrical rivalry, of no ordinery eharanter, the government to anticipate its payments, toa certain extent, without injuring, affecting, or ex. hausting the money market. Io the present case, it is said that the Bank of Commerce, the Pheemx Bank, and several other institutions in Wall street, | in this loan of the Secretary, and the operation will effect a great deal of ease in the money mar- ates an equal amount of dissatisfaction in other quarters, and among parties who do not participate in the movement. Brokers and speculators may quarrel and fight, and settle their difficulties as they please, but the financial policy of the coun- try ought to be conducted on a more sta ble prin- ciple, and one better calculated to produce more permanent good than that which we have had of late years money system by one Congress, and repealing it by stealth and secrecy by another, immediately subsequently, presents too many features belonging | to the county of Bunkum,-to be popular or per- | manent among an intelligent people. Secretary Walker, according to law, is not yet ready for the penitentiary, but, after the first of December next, | as the law now stands, he will be in the position of a delinquent, should he make similar negotia- tions with any of the Wall street brokers. Then the full-blooded sub-treasury system, as it was originally enacted, will revive over the provisions of the law of 1847, for the issue of treasury notes» which limits their operation to a period of six months atter the termination of the war with Mexico. This is the length and breadth of the criminality commutted as yet by Secretary Walker- What may be the profits of the negotiation, in a round-about way, to the man in the moon, we don’t know. Orr Forrign Corresronpence—Liserty 1N ENGLanp.—We continue in this day’s paper the publication of the letters of our London corres" pondent “* Marcus,” which have already created such a sensation in this country. These commu- nications probe unsparingly the gangrenous sores of the Briush government, and lay bare the fright- ful corruption, which it-is the aim of the hired press of that country to conceal. They complete- ly tear away the mask which England so studi- ously strives to wear, and exposes to view the awful deformity that lies beneath. Itwould be surprising if astonishment and in- dignation were not created in the breast of every American citizen, on reading of the means taken by the government of England to suppress public opinion in that country. To us, in this free country, it is, naturally, scarcely credible that men should be thrust into a dungeon,and confined there for years, for merely reading an article from a newspaper, and yet for such un intolerable out- rage on man’s liberty there is law in England. Nor 1s this law a dead letter, as is generally urged by the apologists of that blood-stained despotism, when such enactments are pointed out as existing The fate of Beaer, lately condemned to be imprisoned for a term of years and fined, for reading .n extract from the New York Herald, shews that those abominable enactments are in full force. We trust that this man will yet be as great a thorn to the side of the British governntent as was John Wilkes 1n his day, and that the people, by confernng on him such honors asit is in their power to bestow, will show some small sense ot the rudignity offered to them by this vile persecution. But, at present, we have little hope of such a result. The people of England seem to be utterly hesotied and stupified by the events passing around them. They remain chained down in the dark- | ners of desolation ard bondage, while the nation’ of Lurope are, after the example set by this coun, try seventy years ago, leaping and bounding for- ward joyfully and manfully to the goal of perfect repubhes: beity. Atevery bound given by con- | tinen{al powers, in the glorieus career of freedom, the government of England puts on the screwa, tighter and tyghter—mercilessly and more merci- lessly—until the people are wasted, “ Marrow bones and all.”’ sub-treasury, and the sub-treaeury system, passed | by Congress, in 1845, or 1846. By the provisions | of that act, there can be no doubt thatthe nego- | tiations for the eight hundred thousand dollars in specie, made by Mr. Walker, is a breach of that Jaw, and is a penitentiary offence, provided that | law were still in operation. But,singularly enough, there was an additional law passed by Congress | on the 28th of January, 1817, embracing a number of provisions, by ch the sub-treasury act was in a great measure repealed, and a new system of finance, reeembling the British Exchequer, intro- duced, and this has been acted on toa certain degree, by Mr. Walker ever since. It is true that the democratic party, and the hard money men threughout the country, have been under the mpression, that in the election of Mr. Polk, ; sub-treasury system” was re-enacted by Congress, and that“ tlié, country has been prospering under that system ever since. This | is discovered to be p° fatal, absurd and farci- cal delusion. ‘They firgtattempted, er the com" . » Mexic= — nA mencement of the Mexic ev. war, some modifica- uon of the sub-* ‘stem, but Congress, we be es got into a more serious difficulty about the time of the battle of Monterey. {!t was then dis- covered by those at Washington, that the sub- treasury system was entirely impracticable in con- nection with the existing tariff s: m. Under the avspices of Mr. Walker, who knew what he was about, a series of sections, entirely repealing some of the important provisions of the sub-trea vas introduced and tacked to a the | seesury sy sury law of 1845 1 Sérvility of the middle classes. It will be seen, by the letters of our correspon. dent, that trial by jury, which w2s once in England the guaranty agaizist oppression, is now a mere mockery, sad that, from the stolid stupidity and, That this state of things should have apologists and vindicators on this side of tte Atlantic, is not at all surprising, considering that in every land there are men who would sell the national honor for five dollars; but that this very stupid. silly, and contemptible toadyism should be indulged in by our Minister a. Londen, Mr. Bancroft, does somewhat sur, price us. Mr. Bancroft is a man of a good dea] | of ongirality—strong sound sense, and literary attainments of no ordinary cxAracter; and before } he left this comiry on his present mission, he had made most ardemt prefessions of democracy. + We fear that his mind has been affected by the | miasma of gourt, and that he has lost that strong ster) he cannot fail to see s9 many instances in his present position, Jt unfortunately happens, how. ever, in most eases, that the strongest republican sentiments cannot withstand the insidious air of easiest way to spoil a man is to send him on a foreign mission. Should Mr. Baneroft ever be, like Mr. Cass,a candidate for the Presidency» his toadyism of British institunons will do him no little damage. We trust he will repent in time: Evrorran New aptain Crabtree, is in her fourteenth day, and may be expected to arrive at any moment. Tur Cresent Cary was detained until 12 o’clock bill for creating loan, and the issue of a certain amount of Treasury notes. This, as we | have said, took place in January, 1847, and | under this law, the Secretary, we believe, 1s per- fectly justified in making this loan out of the trea- j sury vaultsin Wall street, in the way he did, h, if he were to have done 1t, either betore | or were to do itafterthe thirtieth of No- ber of the present year, he could be indicted, j convicted, and sent to the penitentiary, L0F 4 Vi0- lation of the orginal sub-treasury act. The sub- t, been in operation only two or three weeks, aud, by the present law, it wil again revive and be in full feather, after the th tieth of November of On that day the treasury note ac e re- treasury yn fy ferred, and which was passed in January, 1817, closes its career, and marches t» the tomb of the | Capulets. Then will come up again th ginal sub-treasury act, the hard money system, w hich makes it a penal offence to loan a rid and eil- ver in exchange for treasury notes out of the trea sury, as Mr. Walker has recently done. It will be seen, from this brief view of the mat- ter, that Congress and ‘the government have been ymposing a great delusion and humbug on the country, in professing to pase a specie system of finance, and at the very first opportunity repealing it for the purpose of carrying on the recent Me! with Mexico. The fact is, there is a grea deal of ignorance, in all quarters, in relation to. the commerce, trade and finances of the county No comprehensive or accurate sys- tem has yet been devised, althought it is like- ly that Secretary Walker made a nearer ap proach to such a system, than any other person who has occupied his position in the Treasury ‘There ought not to be in the United States Trea- sury, on any occasion, a dollar in specie, beyond financial sy ection with the wants of the government. tem of the general government, 'n co ite tariff and imports, should be so organized as to epable it, on all occasions, to pay out just as fist as it ce its taxes. In order to prevent ary accumulation of specie an the Treasury , | contain nothing at all of yesterday, at wiich hour she took her de- parture for Havana and New Orleans, with 139 in the cabin, and a large freight. passenger Later rrom THE La Prara.—The arrival of a | Humburg vessel at Boston, places us in possession of files of the Comrercio del Plata, published at Montevideo, to the 7th of August. Although of a much later date than previously received, they terest. Thy Races.—The inclement weather that we have had for the past few days, has caused a postponement of the races until next week, commencing on Tuesday, and continuing three days. This may be regarded as rather a propitious event. For the last few months there bad been very little rain, and the race course had become, in eonsequence, 60 hardened, that it would have been impossible to have properly prepared it for racing purposes. ‘Neither pl yghshare nor harrow froth’ could incise i gurface; but, thanks for the yountifal su» of rain during the present etorm, the for ef the track has become roftened, and made buoy- ant and easy for the racers, which will much eater | their speed in the coming contests, Another ad- age-—the racers will, as soon as the weather mo- derates, take thelr exercising runs on the Union Course, which will make them familiar with the ground, and be of great advantage to them in their coming en- gegements, The grr number of strangers from Southern cities, who have been drawn here to witness the racing. and whoare bound to stay and see it over, together with those who are arriving from the astern States toattend the great trotting match on Monday next for $2,000. between Grey Eagle, of Boston, and Lady Sutton, will, no doubt, ewell the treasuries of our Various places of amusement and hotels. It’s an ill wind that blows nobody gocd. The trotting which was advertised to have taken place at the Centreville Course, yesterday, was likewise postponed, om account ot the weather. Lexixo1on Races.—The races at Lexington com. menced on Monday, the 20th ult, The race on that day, two wile heats, was won by WT’, Greer's Doub- loon, beating five othe! 436 —3:4534 ‘Time, 3:44) } , three mile hea ' ‘uesda as wen De Kg RE lornet, beating Jos, Met- calfe’s Fred, Turner, Time, 5:5434— 5:49. . ‘The second race, mile heats, was won by ©. R | Rover's Dan Henrie. beating seven others, Time, 1As—147 TAT — 1a, ‘The sportemen of St. Lawrence county, about week ago, het an exciting cba er a large moose. The noble animal had wandered away from his accur- temed haucts in the depths of the forest, and met his death at the hands of inborpitable man. —The steamship [ermann, | ket in certain quarters, although, of course, it cre- | bands, he will n Ling scorn for the groyelling littleness, of which ! er ve; resisted it, until the country and its finan. | foreign couits ; and we. are induced to believe the | } | i and the ree: Katie glov ‘ive mepegers having purchased pugi- ja*bottle holder being the indefatigable Capt, The Mopplaisirs, in their beautiful ballets, Anna Bishop in scenas and gems from the pproved operas, which is a very happy seleetion, id one that must result in great profit to the maue- ger, Mr. Hambiin, who asrerts that, with enmuffied leave the ring, tending for the prise with gloves, will exhibit his proud pre-eminence by the gracefal evolutions of pretty legs and feet, and the charming, thrilling melodies of the voice and soul. Collins, coming from the land of per- recution, and porsersing every requisite for a first rate Irish comedian and vocalist, is backed by Col. Mann, who bets that the Irish star shall never be dimmed . . Niblo, | which have been paid off for specie for afew | Madam | weeks past, have been the principal participants | mort a while Collins, by his happy wit and able pereonation | bined in o: of Irish characters, can wield a shillelah within th® The absurdity of enacting a hard | precints of the Broadway Theatre. Burton, being an able mariner, always on the watch for breakers ahead, boasts that he and Toots, and the man ‘what gives an opinion n opinion,” will steer their bark carefully and arrive eafeinto port, amidst the gratulations of thore who freight theirship. The Bowery proprietor, alwaysin the ascendant, with Hamblin in his round of Shaksperien characters, asserts that there cam be no fear of the constitutional basis of his establishment while he hi the wardrobe, and shelter the actors by her dis-stitches from impending theatrical storms. Chanfrau, although last in this enumeration, certainly not least, proudly boasts that, with the aid of Mose and his excellent assceiates, he will bear off the palm, by his truthful personation of local characters and domestic scenes in New York. Certainly, the various tastes of our citi- vens can all be gratified, and each theatre well filled: by producing dramatic and musical selections suited to the capacities and whimsicalities of their respective patrons. Park Tuxatax.—The gloom and storm without lest evening, was not at all effective in keeping down the ardor of the admirers of the graces at the Park, The Monplaisiry were again received with undounded applause, and deeervedly, too, If the poetry of motion is indelibly stamped upon the ideas by the witnessing of any perfermance, it is by looking at Mad, and Mons, Monplaisir, and their companions, in the beautiful ballet of * Ermeralda,” with the exqnisite scenery and other stage appointments, by which the effect is more perfectly brought out. Mr, and Mrs. Gilbert appeared again last night,in the most amusing burletta of “Forty and Fift: There is such a happy effect brought out by G, in this piece, so n op- sets for him to show bis peculiar in the ine of acting to which the character of Mr, lywhite belongs, that the stage manager could hardly select a better farce, with which to open or conclude the ev. ning’sentertainments. “Our Mary Ann,” was pla: evening, as the afterpiece to the ballet, Ir, pMan was as usual exceedingly comical in his part Cc of Jonothan Junk. There are few men in his line, having £0 correct an appreciation of low comedy with so much ability to illustrate that appreciaiton by his acting. Madame Bishop is to appear to-night, Boweny Tueatre,—That splendia play, “ The Iron Chest,” was performed last evening before a we house ; and we are sure that 8 who faced th that raged without, had no © ‘se to 3 finely acted play we hav m performed. We had never before seen \/r. Hamblin in the character, of Sir Edward Mortimer, and we feel bound to accord him the } est praise fer his personation ef this part. The no} 4. alienated from the world, and filled with b and distrust, was most admirably de- picted cting throughout the part was per- it. never seen Mr. H. to more ad- filled orm vante the scene in the first act with Wil- ford, ® rises him opening the mysterious chest. © Was most splendid, where Wil- ford reau e from the play in which he un- wittingly tov Edward's sore point, the endea- yor to explain the. '4*sege more favorably, ending dn the sudden outbreak"! fury onthe part of Sir Edward Piece of acting. J. H. Hall ‘d Adam, Mrs. Winstanley. of ta. Performers, were al Yery good, and from the evident satm ction with which this piece was received, we trust thet Mr. Hamblin will appear in it again during his present Dancing by the Signora Ciocea and Siguo. pretty little opera of the ‘ Loan of a Love! drama of “Tom Cringle’s Log,” concluded the e@ve- ning’s amusements. ‘Chey all went off well, We reset to our list of amusements for this nights bill. Miss Taylor, and the Broarway Tnrarnr.—The sprightly twoact comedy , of “King O’Neil’’ was presented last evening, followed by the “Irich Pos 'r, Collins sustaining the princi- pal parts in both. His Captain O'Neil is unexception- able. The pfece abounds in happy points, to a!l of which Mr. Collins gave the utmost force. Except that | some of the actors were not quite perfect in their parts, the piece passed off remarkably well. Mrs. Abbott's Marchioness de Clairmont, taough affording no room for display, was in excellent taste, and Miss Hildreth’ Countess Dillon was quite respectable. The play, treating as it docs of the times of the Irish brigade in France, is very interesting: respects, is still susceptible acting play, if well put upon the stage. ‘The purt of Count Bilton requires a better actor than we have ever seen cast for it,and the Duke de Richelieu,and the King* are either of them worthy of Mr. Dyott. Terence O'Grady is one of Mr. Collins’ he es parts, He looks, and talks,and acts the character of the blundcring Irish Clerk to perfection. The subordinate parts were well cast, and admirably sustained by Mrs. Watts, Mrs. | Abbott, and Mr. Andrews. Mr. Collins was twice en- | cored in the “Widow Machree.’ He appears, to- night, in the drama of “ Rory O’More,”’ witha very | strong cast, Mr. Dyott appearing as Shan Dhu, Vache | as De Weilskin, Andrews as Scrubbs, Mies Hildreth as Mary O’More, Mrs. Abbott as Kathleen, and Mrs. Watts as Betty. There will be dancing by Mile. Celeste and Mr. Wiethoff, and in the course of the evening Mr. Collins, besides singing several songs, | will dance Irish jig, and recite the story of the | irish fox. The entertainments will conclude with | * Robert Macaire.’’ i Nationa Tueatre. —“ La Esmeralda’? was per- | formed last evening, with increased cpplause, and the beautiful manner in which this very interesting version | of the novel has been produced at the National, has given the greatest satiefaction to the patrons of this eiegant house. The beautiful scenery—much of it ited expressly for this piece—the songs, dances, Peles, ne, Introduced, all serve to give an agreeable | variety to the speetacle, The dramatic portion of it | is well enacted by the company. and Miss Mestayer, Mee. McLean, Palmer, Herbert, <c., were al, inuch ap: plauded. The “ Mysteries and Miseries"’ still con- tinwes to be as ular as ever, It has now been layed twenty-six its in succession, and we firml; Sahave it would be attractive for any length of time it might be played; but other new local pieces are ay ready, and the maenarer, ying to present as muc! variety as possible, will shortly withdraw the ‘ Myst ries,” to make room for these new picces. Yherefos those who have not yet seen it, ought to go at once. The house was filled in every part last evening, not- ding the very unfavorble state of the weather. fact is, the people will go to the National, “weather or no,”’ to use one of Tom Hood's puns. They are right, for, if there is a place in the city where real amusement can be had, the National Theatre is that ‘The bill for this evening is eminently attrae- “ La Esmeralda” and the “ Mysteries and Mise- ries’’ will be played, as aleo an amusing farce. Niwxo’s, Aston Puace.—The favorite comedy of ; and though faulty in some of being made a capital attraction at this theatre last night, and to the most gitimate,”’ no argument could be more conclusively urged, than the combination of talent that was called plot that combines the most ludicrous adventures, with @ moral lesson of every day experience. It is needless to describe the tone, action, andsentiment that char- acterized the “ Fallstail in Love,” of Hacket, or the “Ford” of the talented and accomplished Vande The former was as perfect as the latter was peculiar in the selection of such an universally well selected cast, yet there were more than sufficien: to ple testimony to the nteresting Occation. freth lustre by her inimitabl nd correct representa- insipid) of * Used Lp cor opinion of this youbz lady's dramatic merits. Her yoice aad manner are singulurly adapted to the performance of dashing male vharacters, and no little + his busi: discrimination ts neceseary in realising the port she | marriages to'the evx of the reprerentative of Sir T am, or that of the “Eton Mr, ement this fvening, im te that, we might almost say, y Coidet cready will open his eng beth,” sustained by @ defies all criticism. Bunton’s Tuvatry, Chambers street.—The um- | again last night at Burton's, Captain Cuttle, the sen- authors, and sbhews lis wonderful learning and exten- tive reading with the most amusing wal-apropos, again appeared, tothe great diversion of a crowded and nd- miring audience. The scenes in this play are perfect life and re but it is English life. As there variety of classes in this couutry, there is not that riety of character here which exists in England, For example, such a rich, beautiful character as Susan Nipper, (Mra. Brovgbam.) is totally unknown in this country. because the reverence, the devotion, the fidel- ity of the poor, humble, honest-hoarted domestic ser- houremaid think themeelves ar good and generally even better, than their anistress, The vulgarity, ao- companied with the strong pereeption right and werm hearted zeal of the represented by Susan is not known in this country. Again, the character of Ceptein Cuttle is hardly known here, thou the American Jack-tar bas all the gemerority and open- heartedness of the Jack tar of England, yet he has none of his elnplicity low life. Thie may be the Macready, commences at Astor | difficult plendid (Miss) Taylor to take care of | *" Tr preve! ac to act the unmitigated fool is the most netural and ary thingin the world One silly expression, “ It’s of ‘no sonsequence.” for ever lugged in at the conclusion of every speech, involving neither wit ner fen, bes made fortune of this empty fort eberacter; a Mke many more substan! opes. wade without much labor or merit. Not- withstanding the rarity of the characters of thia end, instead of cen- | ¢rems, end their being so seldom, if ever, seen or known in this country, yet the great and increas- ing popularity of this beautiful Piece is mot at all surprising. for the characters are’true, are ori- ginal, are striking, and they are most admirably and most skillfully pourtrayed’ by the several actors — Burton’s Capiain Cuttle alone would give arun to the piece, if the others were even lesa striking and eflecti but in addition tothe inimitable ¢ there in alsoan excellence, a richness, an originality, ip all the ot! as in rarely to be seen com- ne pi Mr Lynne’s Dombey is a master- jece; it is difficult to hit off the stiff, proud, dsmineer- pg. lordly merchant; yet be does it to the life. Here, again, such a character known in this coun- try, and hence Mr.Ly: as ot! in this play, is not duly appreciated by the audienee and the mere Ame- rican critic. Susan Nipper, Jack Bunsby, Fierence and the others, could not be better represented than they are by Mr. Brougham, Mr. Jordan, Mr. Lynne, Mrs. Brougham, Mrs. Vernon, Mrs. Knight, and Mrs. Loeder. On the whole, this play is so rich, so beauti- ful, so varied, so natural. ro full of feeling and affect- ing tenderness, and withal so well performed by each ior, that it would bear repeating. we could almost y; for three months to come, without intermission nd without producing satiety ; and the increasing crowds who come nightly to see it corroborate, we think, our opinion. Wo hope it will not be withdrawn, eethreatened Captain Cuttle will see visitors again to-night in another amusing character. Cunisty’s Mixetrers sre nightly pouring forth flocds of melody, as great ulmost as the floods of rain that have deluged our city tor the last two or three days; but though the weather, lately, has been so very uppropitious for evening amusement seekers, Christy's concerts have been fincly attended, and Mechanic's Hall bas resounded again with the applause bestowed on the efforts of these inimitable musicians. Some men achieve greatness. says Shakepeare; Christy's band belong to this class, as they have achieved an immense and well deserved reputation. They will sing every night this week. Campneii’s Minstarts bave secured a first rate run of patronage, and as they take every pains to keep up with the times, and, if porsible, go a little ahead of them, their friends never grow weery of hearing their very pleasing concerts. They are most admirable singers, jokers and dancers, and those who wish to hear the perfection of negro minstrelay, cannot go to @ better place than these concerts, Messrs. Muartext ann Vasseur will give their elegant entertainment thi: ening, at the New Room in Broadway, an truly add our testimony to the universally expressed admiration of all who have wit- nessed their dexterous and, indeed, highly scientific performances. Their programme for this evening is most varied and interesting. Mavnice Straxoscn.—This eminent artist gives a concert to-morrow evening. at the Female Academy, Brooklyn. He will be aesisted by several distinguishe vocalists and instrumental performers. No doubt he will meet with all that bis splendid abilities deserve, from the citizens of Brooklyn. : Miss Julia Dean left Cincinnati on the 26th ult., for detroit. Braham, now seventy-five years of age, sang ata concert in Birmingham, a short time ago. \ paper of that town says:—" We attended, with misgivings as to he result of so extracrdinary an experiment; but the wanner in which be gave one or two of his old favor- ite pleces, made our fears give way towonder. His pathos and exquisite declamation in Handel’srecita- tive, ‘Deeper and Deeper Still,’ were truly thrilling; and his rendering of ‘The Death of Nelson,’ irresis tibly brought up the reminiscence of the paimy days of this great urtiste.”? The New York Historical Society. A meeting of the members of the New York Mustorical Society, was held last night, at their rooms in the University, Washington Square. Notwithstanding the disagreeable state of the weather, there was a numerous attendance. The Hon. Luther Bradish, late Lieutenant Governor of this State, presided. The minutes of the last meeting having been read and confirmed, the reports of the different of- ficers of the society were then in order. The Foreign Society read the correspsndence from Mr. Brodhead, the Secretary of Legation at Lon- don, and Mr. Campbell, the Sub-Librarian at the Shakspeare’s “ Merry Wives of Windsor,” was the | proportioned, of an orange color captious sceptic of the merits and essence of the “le- | themselves by hunting and ‘shin into requisition, to give strength and etabilitytoa | juded to the ralmon head being delicious picking for } the land and the nature of the country, he proceeds to Hague, respecting the original manuscript recent- ‘~ discovered in the archives at the Hague, which gives {he earliest description of New Netherland, (New York,,) Written in 1626, by Isaac De Rasie- “eretary here at that period, under gatertee ibe at Director General Minuit. The Domestic Secr“taty gave, a statement of the financial concerns ot the society, from which it appeared that the receipts for the last three- quarters were $1,800, ali of which had been ex- , all she pended. The debt of the Socies;’ been duced $4005 but a considerabie amount was due. He then referred to the presentations and donations which had been made to the society, among which were one hundred specumens of Mexican arms, &e., picked » by Dr. Jarvis on the battle-fields of Palo Alto, Resaca de la Palma and Monterey. Also a large collection of Indian war dreeses, skint, bows and arrows, scalping ani hunt- ing knives, shoes, cradles, &e.&e, A yote of thanks was given to this gentleman for this valuable presenta- tion. One of the Secretarics here referred to the Propriety of baving a survey of the original remains of antiquity in the western part of this State, and of accepting the proposal made to the Society by the Smithsonian In- stitute, who weré willing to undertake the survey, and to give $100 for that purpose, if a similar amount were given by this Society. Mr. Squire e d for that sum to m: the survey of the one hundred enclosures which have been discovered, and to complete the work this fail. The subject was referred to the Executive | Commit! Mr. Baniixtr then read a translation from the Dutch manuscript already referred to, after previously reading afew notes and comments upon it from Mr. Brodhead, The writer of this interesting historical 2dcument, (leaack De Rasieres,) had been the secro- tary of the colony established here by the Dutch, and this account was written to Samuél Bloomer, who was, at this time, (1626.) one of the Cae men at the Hague. The account is imperfect, owing, as the wri ter says, to his original notes havin, yn taken away from him. It appears that the colopy was greatly divided by faction, and that he fell inté disgrace from £ome ObDexious proceedings imputed to him. Imper- fect as this necessarily made the sketch, in the first in- stance, the lors of four pages of the manuscript has rendered it still mote so. Perhaps, however, they may yet be found atthe Hague, together with some additional narratives of the early Dutch settlements. Mr. Campbell, the chairman, promises to spare no exertions to find them out if they be in existence, and to transmit them without delay to the society. The ntroductory t of Rasicres’ account is taken up with an exceedingly interesting deseription of the aj roaches to the harbor of New York, from Sandy Hock to the Battery. He describes Staten Island as being then inhabited by eighty or ninety savages; Long Island by a great many savages, and Manhattan to have apcopulation from two hundred to three hun- dred women and men included. Manhattan Island he reckons only tyo miles in length ; but this must be amistake. After a full description of the quality of givean account of the mannersand customs and mode of life of the savages. They are, hesays, tall and well- nd the women very | ite of enmity, andare They maintained fe A drag-net was used in the latter operation. The principal fish were shad and white salmon. Some amusement was created by the quaint epicurean style in which he al- gocd-iooking. They live ina most inverate in their hatred those who liked them, and having a stimulating effect on thesystem, Returning from their excursions, they gave them to their women, who, he says, looked for them very anxiously. After a brief reference to their lenhoft, | gam and original ; and, thoueh the ¢loments combined to | abe: deter many from a feast ofreason tarely to be enJoyed | yory | the delinquent, Ss Isabel Dickinson acquired | everythin; cqualled drama of “Dombey and Son” was performed | timental savant of vulgar life, who quotes all sorts of | valuable and interesting di vant, is not known Sm a land where the cook and the | tt character of the feminine portion of the ‘inal iphebitants of Manhattan Island, Some om he alluded to their morality, and gives no very ering is jetalls are given of their mar. tiego hinted f of the italareass which was 1 infidelity. If the woman was the deilnjuent, the husband Cut off her hair, took from her she poprcrsos, and thrashed If, on the other hand, the husband her roundl, ton of Sir Charles Colistream. In the farce (otherwise | was unfaithful, (which frequently happened.) the we have no reason to retract | better half took off his right shoe and left stocking. .ore away the iappet from his loins, gave him a k}v'« where ho bones ‘tent be well broken, and seP% him about He also mentions that there were no ith the third degree of o such a thing being looked upon with disgu horrence, After a varied andinteresting enumeration | of the modes of cultivating their in, their bakin and culinary departments, their clvil government, their hespitality, the training of Phe men, &e., &¢, he concludes with & zoological | narrative of great value, in which be mentions the avimals which were to be found here at that period. We regret that we cannot devote a large! e to this ilatee day ed ich oe = a ray of Nght over this hitherto obscure part of our | Iiatery. we understand, however, that the society intend to publieh it shortly, for general ciroulation, | and we need ecarcely say that it will be read with | much pleasure by the preeemt inhabitants of the | jsland of Manabatas and Fort Amsterdam, | On the mction of Mr. Dewitt, the thanks of the | soctety were voted to Mr. Brodhead, the Secretary pf Tepation at London, and to Mr. Carlton, the Deputy Abrarian at the Hague. Some other routine business having beem disposed of, (he meeting adjourned Movements of Individuals. "rhe arrivals nt the hotels, yesterday, wore unnsually limited, At the Astor, are included the names of General Harney, U8. A; J. M. Henry, do.; T. Dean, do.; D. Jehnson, do.; Commodore Smith, U.S.N. Americ R. Fairfax, U.S.N.; Joreph Blak Licut, Poindexter, do; &. B Bryan, do. Philadelphia. At the Irving House (loward's), Ja 209 Gordon Bennett and family, New Vork. ‘The Fair ef the American InstituteAd- dress of Dr. J. O. Choules. The Fair opened yesterday morning, and the sight was truly megnificent. All was setivity in arranging the different specimens of Nature and Art, many of which were truly astopishing. On entering, at the right hand door of the spacious room, the first object that attracts the attention is a representation of “ Mone,” andit is indeed almost ¢,ual to the original, There are many beautiful things, among which is a specimen of beautiful shell work, which speaks volumes of praise upon the ingenuity of the fair hands which made it. Almost every specimen of agricultural floral, domestic, and fancy art, may be there seen, from the unwieldy plough to the delicate zephyr worsted works, i: ery variety of pattern. Last night the Governor's Island Band appeared’ and during the evening played several beautiful airs, Mr. Meigs then announced Dr. J. O. Cuoutns, of Newport, who delivered tte opening addrei He spoke of the favorable auspices of the American In- stitute. The time was when there were few to take hold of it ; but the very men who watched over it in its infancy, when it was feeble and wanted friends, were pretent to witness its success at the present time. He was rure there was no American present, whose heart | did not swell with pride at the growth of the industry of thiscountry. Im Europe great results and demonstra- tions originated in wealth. but in this country the rich manis parodia, noneed. The people, those who work are thore among whom the genius of industry has presented itself. and to that class was the happy condition of the country to be attributed. He compared the situation of the mechanical institutions of this country with those of the European countries. Ours, he said, was a pro- gressive country, and improvements were constantly developing themrelves. while in other countries the handicrafteman have not the same equality with the rich as is here enjoyed, Colleges, hospitals and asy- jums were the work of the rich in Europe; but col- leges were only necessary for the education of lawyers, physiciansand clergymen, In this country the sys. tem of common schools give .to every one the advan- tages of education, and he was giad to say there was now in New York a beautiful example of that fact, The European traveller, who arrives in this coun- try, is astonished at the stately mansions and mag- nihcent edifices of the country. He asks where are the rich men who biought these things into. ex- istence? He is referred to the people, the working people, they who have turned the wilderness into» field, ‘They pride themselves upon their wealth, ours | upon their characters, If there was a despicable sight, it isto see the son of a rich man ashamedof work, and there are but few, if they go back for fift years, who wiil not stumbie over a blacksmith’s anvil, or tomething of the kind. He would like to see the rising generation taught the dignity of labor. Let the fallacy be at once exposed, that it is a diagrace to work. Many parents show a disposition to rot their children to live without labor; but they will raise a | Sables which will curse their ancestry. Wealth as often destroyed, it never created @ country. Never did the God of Nature create a country 80 calculated for human happiness as our own. We have noble rivers, mountains, lakes and cataracts, and liberty bas long since unfurled her banner over us. Itis the land of liberty; and the song is heard in the heavens; it will soon lighten the darkest por- tion of the earth. Let us welcome to our free land the manufacturing foreigner; we have land enough for them, and while toey are engaged in the mechanical pursuits of life, our Western farmers will raise for them the staff of life. The mercantile classes of Eu- rope know that we are a progressive people, and the more We uso our own manufactures, the less’ we shall require of them ; and we should attend more closely to the manufacturing interests of the country. ‘There were plenty of specimens of the ingenuity of the country then before him, to show that we, as a peo} ie, were equal to anyin the world. He cared not for oli - cal professions, in comparison with the agricultural or mechanical institutions of the country; for the first would throw off the patriot or statesman for self gain, while the latter would exalt and make man what Go intended him to be. And how truly are we made to feel that fashion controls the world. She isa capri- cious mistress, and turns fond parents into fools; all | classes and colors worship at her shrine; it ns to destroy the boon which our fathers for years fought for and gained with their blood. But a rural home was the paradise of the mind of the working freeman. With the proper attention, a tranquil beauty might te created around every cottage, and happiness would sit around every fireside. He spokeat length upon the inge- nuity of our working men and matrons, and. eulogizing the aay of the managers of the Institute, closed his ad , which was most cordially received through- ont, and warmly applauded. In consequence of the violence of the storm, the dis- play of fireworks, which was to bave come off, was post- poned until the weather becomes favorable. There were but few perso: resent; but, from the great dis- play of articles, both for competition and exhibition, | there is no doubt it will be the greatest fair since the | th organization of the Institution. The Equinoctial Storm, &c., &. The storm raged through the whole of yester- day, without the slightert appearance of the approach of fairweather. In many parts of the city, the larger branches were blown from the trees. The night came on with an increace of rain, and the wind higher than threugh the day. Business in every department was dull, and the streets are overflowed in every direction, For three days this storm has raged with unabated fury; and from the appearance of the clou‘1s last night, with the wind still blowing from the northeast, it is impossible to tell when fair weather will come again. The wind waa cold towards evening, which added to the unpleeantness of the day. [From the Boston Journal, Oct. 2 | ] A north-easterly gale of wind commenced last night, at about 12 o'clock, and has continued with more or less violence during this forenoon. ‘The wind was accompanied with torrents of rain. The mariners on the coast, doubtless, passed un- pleasant night, though, as ample warning was given Of the approach of the gale, we do not anticipate hearing of any serious disasters. The brig Oceanus, of Plymouth, Sullivan, from Rio Janeiro (about Aug. 11) for Boston, was reen from Scituate early this morning, at anchor in the breakers abeut one mile south of the Glades, with but one mast standing. Coptain Lathrop, wreck master, has arrived in the city for the towboat R. B. Forbes, to render as- sistance. The R. B. F. immediately fired up, and started at half-past cleven to render such assistance as might be in her power. A brig was also seen ashore on Plumb Island, near Newburyport, this morning. She was firing for assistance. No further particulars have been received from her. P. 8. Later accounts from the O. state tha: the captain and crew had taken to the boats, and landed at S, It was thought she had not at that time struck : 1 tom, (From the Hartford Times, October 2.) The storm of the equinox has been a dry one, fcareely tnough rain falling to lay the dust. Last nigh and to-day, however, there was more rain. Still the springs are low. From the Cleveland Herald, September 25.) For some days the air has been very chilly in this lake region, but no frosts, while at Cincinnati, the Gazette announces “ that there have been three white TELEGRAPHIC INTELLIGENCE. {i} The Southern and Eastern telegraphic lines were both out of erder last might, (perhaps from the effect of the storm,) and communication was suspended at an early hour of the evening. Politics and Steamers. Memruis, Sept. 27—8 P. M. Gov. Jones and Gov. Brown, whig and demo- cratic State electors, addressed a large assembly here to-day. ‘ The Convoy is aground above this city, and the Chas. Carroll 1s aground below this city. | here has been no arrival from New Orleans for two days. Indictment for Mansluughter—Rain Stornt. Sr. Louis, Monday, Oct. 2. James Monahue, Engineer of the steamer Ed- mund Bates, at the time of her explosion, has been indicted for manslaughter. It has been ramming here most of the day. The — generaliy are without change in any pat~ Ne} . Steamboat Disaster. Loutsvinte, Monday, Oct. 2. The steamer Mogue was snagged on Saturday, | near Cloverport, She was bound to this place, from St. Louis, and was loaded principally with furniture. Boat supposed to be a total jh There 1s an insurance of $10,000 0n her. All of the cargo was saved No lives lost. It has been raining all day. Vill Dr. Lovis, Sept, 27--8 P. M. An stems was made last night to fire two churches, the Cutholic cathedral and the Presby terian church. The fire was discovered before any, material injury had beea done. ‘he auction store of Scott, Os & Co., was ens tered and robbed of $7,000 worth of jewelry.” A. reward of $500 is offered for the apprehension of the thieves. : The market pogsy is unchanged but firm. Sales of 1,000 bbls. flour, at $4 25. Nasnvitie, Sept. 27—8P. M, Things look rather dry here. There are oey 28 inches water on the shoals, and falliag, thoug! slowly. The weather is cool and dry, aud no ap-~ pearance of rain. The papers contain nothing worth telegraphin The Weather, Cincinnatr, Oct. 2, 1848, We have had, lately, continued rains, whiclp will be beneficial to navigation. S Oct. 3, sao jUFFALO, Oct, 448.—Owing to the prevalence a strong wind from the east, there has be : = to-day. Flour continues firm, with sal Tela at $4 75 a $4 814g. In wheat, the sales reach 8,000 bushels Ohio, at 95 a 97 cts. Corn is leas active—we quote it nominal, at 53 a 64 cts, Freight by canal to Albany, are without change. Avnany, Oct. 3, 1848 —Receipts by canal within the past 24 hours : flour, 7.200 barreis; wheat, 4,500 bushels; corn, 9700 do; rye, 4.000 do. The flour market was without change, while sales were light. Of corn, 2,400 Dushels mixed changed hunds at Giots, The demand. for barley is active, the sales gcaching 17,000 bushels at 75 a 76 ots. Pirtssunc, Oct. 2.—Market heavy. Owing to the heavy rains business has been entirely suspended,— The fleur market is heavier than on Saturday, and the business done is at mall concession. There has been a rlight advance in groceries. The market is ace YY fe molasses. There arc 2! feet water in the channel, Cincinnatt, Oct. 3, 1848 ~The market for flour is firmer than on Saturday, and the business done is at a right advance ; sales of western at $3 814 per bbl.; holders ask $3 §74g a 3 94, but there are no buyers at. thet price. The grain market is without change. Sales of whiskey at 173; cents per gal., which is @ cline. No change in other articles. Law Lntelligenee, Unirep States Cire! Counr.—October sent Justices Nelson and Betts, Savage vs. Julia De Wolf, executrix, §c.—This was am ection upon three promissory notes, dated in Februs ary. 1831, made by the testator to the plaintiff, and amounting in the aggregate, with interest. $34 654 17, The notes were given at Havana, in the Jsland of Cuba, in consideration of an agreement om 6 pert ot the plaintiff to,cancel and discharge three mortgages upon certain coffee and jar estates in that island, amounting, nominally, to a sum exceeding $80,000, It was part of the, agreement that the notes should remain in hands of a third person, as an ercrow, until the several mortgages should be duly discharged of record, the possession of the notes by the plaintiff being regarded as presumptive evidence that the condition upon which they were given had been complied with. The defendant undertook to re- but this presumption, at the trial, by proof that the mortgage had not been cancelled and discharged as provided for in the agreoment, and that the notes, erefore, had been wrongfully delivered up to the plaintiff.’ For this purpose, counsel offered, in evi- cence, the contract under which the notes in question were given, which was in writing, and purported to be executed in Havana, at even date with the notes by the testator in person, and by the plaintiff, through hin. agent, and to which execution there were subscribing w.‘neeses. The handwriting of the parties was proved, but mot of the subscribing witnesses or either of them. There was, ulso, evidence of the admirsion of Savi that the instrument was execucc’ by Jura, his agent. The instrament itself was not unac. “8; and the court admitted it upon hi writing of the parties, and admis- the proof of the hanu..- be tion of the execution noww-‘dstanding odjections, Another instrument was offered in e,-temee by the de- fendant, for the purpose of showing that ...* condition upon which the notes were given, had not bee com~ plied with. This was a release, or discharge, of tié three m executed by the plaintiff, a short time before tl it was brought, which the testator refused to accept, as nota sutotent compliance with the terms ofthe agreement It was claimed that this fact raised an implication, that no satisfaction or disoharge of the mortgages had been before made; and as this was insuf- ficient and unsatisfactory, the conditions had not beem complied with, andthe notes were unproperly in the hande of plaintiff, and that, therefore, he could not re« cover, e counsel, at first, produced # copy of the releacé which had been tendered, and undertook to account for the aepieeduetion of the original. But. before the evidence was through on the ge nt, the ad- verse counsel produced what was supposed and believed at the time to be thé original itself, and to be identified by an original entry of Fessenden, the witness to the tender on the back, And On that ground was admitted asevidetce. There is some obscurity in the case, in respect to the facts on. this point, and it is at least questionable, whether the instrument produeed and identified by Tessenden at the trial was the original, or only a copy, with his endorsement of the fact of the tender. It may be, and probably is as stated by the counsel, that Fessenden made the frosts in the vicinity of the city, and the foret leaves are beginning to assume the hues ofautumn.”’ ‘The past eeason has j Sa unusually cold and wetin this rection. [From the Phila, North American, Oct. 5.) The storm is upon us nowin real earnest, and seems to be making up for time lost during the late protact- ed drought. Ice, the thickness of a dollar, was formed at Kikton, Md., on Wedneeday morning last. [From the Cincinnati Gazette, Se] The weather continues delightful. W! prevail- ing deep blue sky, we have cool nights and morning:, end warm, sunDy noons. Police Intelligence, Charge of Forgery.—Otfcer stokely, ward, arrested yesterday a young man, (3 the name of Henry Hoskins, on a warrant issued by Justice Timp- ton, wherein he stands charged with forging a check on the Mechanics’ Bank, in Wall street, for the sum of $600, putporsiog: to be signed va § Liman, Sears & Co,, boot and shoe dealers, No. 3 William street. It appears, from the affidavit of Mr. Sears, that iloskims was bookkeeper in October, 1347, for that firm, and the check is dated 13th of October, 1847; and further, that the filling uP of the check ie alleged by Mr. Sears to be in the handwriting of the accused; conrequently, upon these facte, the wagistrate issued the warrant for his arrest. On the accused being examined on the cbarge, he declined to answer apy questions, ‘5! advice of counsel, and the magistrate held him to bail in the sum ot 500, to answer the charge, Charge of Grard Larceny. Officer Adatns, of the Vifth ward, arvosted yesterday two men, calling them- selves Hue", yiKinley and John Wheeler, on @ cha of sto-Jing @ $50 bank note from the pocket of John M*ponald, while he was drunk in the house of Kinley. The $50 bill was in a small tobacco box, *:nd Kinley took the box from M'Donald’s pocke”, “for the purpore, as he said, of taking a chew of “,ohacco, when it is alloged the money was stolen, ap 4 Wheeler was knowing to the fact at the timo. Just’, ined them both for a further hears,, hongt Clerk —Captain M t Whalen and ex-officer Sacknan, arrested, y terday, two.young (iermans, by’ the names of Herman Sehnorck and Amili W. So%midt, on » charge of stealing a i books, together with a quantity of patent medict property of William Radde, No, 522 Broadway, valved at $200. The property was all found and recovered by the above named officérs, itthaving been secreted under a table in the house corner of kim and Howard streets, where it had been deposited by the two accused parties. Schnorck was ® clerk in the employ of Mr. Radde, and the other was aiding and abetting in carrying off the property, knowing full well that the books were stolen. Justice {Timpson committed the two accused to the ‘Tombs, to await a further hearing. Stabbing with Intent to Kill.—The case of Reuben B, Withers, who was arrested a fow days since on a charge of astaulting Wm. O'Brien with a knife, inflicting dangerous wound on the left side, just below the ribs, ‘was adjourned over until yesterday for a hoaring, when Mr. Withers failing to appear, some further testimony taken before Justice Timpson. which tends more jy to substantial he charge already preferred, nvestigation will by continued this forenoon, and Micer despatched for Mr. Withers, cating Hcse ~OMeer Stephens, of the lower police, ed, yesterday, a man by the name of David Coughlin, on a charge of ing 60 of wool hose from the store of Robert Fould, No. 172 Chatham street. valued at $40. The property was recovered by the officer, and Justice Timpson locked him up for trial, of the First ce Timpson endorsement upon a copy as well as upon the original paper tendered, and that it was the copy that was pro- duced and admitted in evidence, That the paper pro- duced was the original, seems to have been rather an inference of the Court, from the fact of the endorse- mentin handwriting of the witness to the tender, than from any direct proof of the fact, which conclu- sion seems, perhaps, hardly warranted from the factey There is some ference of opinion between the judges upon the first question, to wit: whether or not. the agreement under which the notes were ees was properly admitted in evidence on proof of the hand- writing of the parties, and of their admissions, without turther accounting for the subscribing witnesses; the aper having been executed abroad, the presum| of jaw was undoubtedly that tho witnesses were beyond the jurisdiction of the Court. Their handwriting was not proved, nor the omission properly accounted for, The admission of the party of the execution of negoti- able r Or proof of his handwriting without account- ing for the subscribing witnesses, has been held su.- cient in New « ork (25. R461; 3 ib. 477; 16ib, “a; 2 Wend. 67); but whether this rule extends t~ ai un- sealed instruments, may admit of some d jaye. Upon the other however, we think the, yoraiet should for another trial. yee as Nepnnd beta 5 ju! parent that both ~ ..7 : th, al eitaat, ropes prev atonras tbe mat facts were capable of thy irri Onl ctactory, proofs. The execution of a cor ait to tak vi HM hay the Island of Cuba, v gganeaton to take testimony 9¢ the witnesses resi” .4°amq the condition complied with f comp! wit? an e condition complie: ly to the plalr ",<f St all, before the delivery of the notes mente , 2, would have removed every embarrass- take <¢ he trial, Wo trust that this courze will be w __-4 before the cause is again presented to the Court. “+ow trialgranted, Coats to abide the event, David Robbins. vs. Cherles A, Davis and » ‘This is s motion on the part of the complainant t compel the secretary of an ineorporated association, of which the defendants are trustees, to produce books, correspondence, and other documentary evidence, before the commissioner taking testimony in the cause for the inspection of bis counsel. A list of books, and papers, and extracts taken from the books, key have dcon, given in the answers of the defundante to avupplemental bill, and are appended to the same, being included in sohedutes B and C, and embrace everything in the said books and accownts that relate in any way to the subject matterin controversy. The reside of the centedits of the books have tefvrence to the general concerns of the defendants, unconnected with the subject of this suit. ‘Uhe complainant seeks to entitte himself to a gencral inepeetion of the book of the association relating to other matters, without being confined to the particular subject in controe no suggestion that the extracts,a; above ad, are, if not arbied, at least lable to We do not think that a sufficient founda» \dupon the motion for this extraordinary interposition of the powers of the Court. ‘The com- plainant {# entitled to the production of the books centaining the extracts, for inspection on the exa- mination; but the other part of the books may be sealed up, and the inspection to take place under the supervision of the commissioner. ‘The complainant also for the production and Inspection of the pri- vate account book of George E Chase, contained in the litt furnished in schedule B, which bad bean for- warded with other books of the aaseciation from Pensa- cola tothe defendants, Bat on looking into the sup- plemental bill, we do not perceive any call for a dis- covery or ORS of this book, either by special reference it, or in terms that would necessarily embrace it, or that show it to be material to the mat- ters in controversy. The order, therefore, must ba limited to the production of the books containing the extracts that are appended tothe answer in schedule ©, with liberty to the defendants to seal up the other