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

NEW YORK HERALD. SAME: DON PROPRIETOR. TRE DAILY HER ALD—Tir ee edition ow. 5 et annum, The MO: jas at 3 o'clock fhe rst AFTERNOON DITION ean be had of the newahoys, atl welock, P. My and the second AFTERNOON EDITION at, o'clock. STIR WERK Y HERALD—Beery Saturday, for circula- tion on the American Contincnt—6% cents per copy, $3 id per azaum. “Beery steam packet day, for Buropean circulation $6 por annum, to include the post ropean be printed wn the Prench and English Languages. “ALL LETTERS by mail, for subscrigtions, of with adver~ fivements, to be poet pak, oF the postage will be deducted from the remitt: VOLUNTARY CORRESPONDENCE, containing important namoe, solicited from any quarter of the world; yf used, will be diber all aah ADVERTISEMENTS, (renewed every morning, and to be ‘ shed inthe morning and afternoon editions, )at reasonable sriemnite be arkien tn 0 plats, legible manner; the proprietor hot responsible for errors in manuscript. NO RUTICE taken of anonymous Communications. What ever a wtended for i y the name edition ertion must be authenticated by the and address of the writer; not necestarily for publication, but as a puaranty ef his good faith. We cannet return rejected communes i PRINTING of all kinds executed beautifully and with des Orders ‘received “at the Upice, corner ef Fulton and HERALD ESTABLISHMENT is open throughout the might as well as day. 2 AMUSEMENTS THIS EVENING, FARE THRATREOrex Hovsse—Eswxnatba—Oun Many rm BOWERY THEATRE, Maiww—Maw anv Macriz, BROADWAY THEATRE, Brosdway—Horo’-My-Taumn— Dvaw Beutr—Ancape. NATIONAL THEATRE, Chatham Square—Dow Csan pe Basan—Mvevanizs AND MiseRigs—NATURK AND PHILOSO- rv. Bowery—Muxco Panw—Avrive BURTON'S THEATRE, Chambers street—Paivren’s Ar. PRENTICR—BREAOCK OF Pao }—-MusicaL ARRIVALS, BROADWAY CIRCUS, near Spring st.—Equesrmianimm, ke. MECHANICS HALL Broadway, near Broome—Cunusrr’s Maxerama—Ermorian Simcinon MELODEON—Vimowws BeneNADERS SOCIETY LIBRARY—Caxranii's Muernca. PANORAMA HALL, 898 Brosdway.—Dronama ov Bom- BaRomenr or Vera Cavz. BTOPPAN! HALL, Broadway, oorner Walker streot—Mux1oo Exuverraren. ZOOLOGICAL INSTITUTE, Bowery—-Van Amsunen’s Gaaxp Menacenie. STUYVESANT INSTITUTE, Broadway, near Bleecker street --New Onieans Senewapens’ Erwrorian Concerts NEW MUEICAL HALL, 539 Broadway—Guno'L's SevanrH Concert, New York, Monday, December 4, 1848. Actual Circulation of the Herald. Noy. 96—Sunday..... *" 91—Monday “ 28—Tuesday ( © 29—Wednesday ..: “ 30—Thursday .. 1—Friday.. “ @-Saturday. Weekly. 149,304 « Doo. 8, SUNdAY.... sec scee see ece es 15,840 ‘The publication of the Herald minutes bofore 4 0 jock. and Gniahed at 30 minutes past G Vcloci @irculation of the other Leading Morning Journals, . Courier and Enquirer, (daily) Journal of Commerce. . Daily Express ..... ‘Tri gratin the above estimate be cece on Bdequate authori Meeting of Congre: The second session of the thirtieth Congress commences at Washington to-day at 12 0’clock, and to-morrow the President will deliver his last Annual Message. As soon as the reading of the Message 1s | commenced, the operators will begin to transmit a synopsis of it, by telegraph, to the press, which we shall receive in the course of to-morro » afternoon; orwe may get the whole ot it in this way. We are certain, however, of receiving the whole of it by government express about nine o’clock to-mor- row evening. This will enable us to publish it in full on Wed* nesday morning in the Herald. The English Steamer. ‘The Britennia had not arrived at Boston at seven o'clock Jast night, but we are under the impression | that she reached that city soon after that hour. If | 80, her news will be received here early this morn- | ing. She was over sixteen days at sea. It willbe re- | collected that she was a little over sixteendays on her last trip to Liverpool. The New French Democratic Constitution ana Its Critics. We recur again to the features of the new French constitution, which we published in detail the other day,in our columns, and to the consideration of the interesting and important reflections which spring out of this prolific subject. We are induced to do this, more especially from the many and somewhat singular criticisms which have appeared in the English and American journals upon this important document, and which digplay, we think rather narrow and contracted views upon so great @ question. In according the meed of praige to the decision the French people have arrived at, of having only one representative body for the whole nation, and showing that there are, in fact, in every republic, ultumately but two antagonistic principles which assume the guise, form and denomination of two great absorbing parties, we pointed to the example of history in several instances, by which it 1s de- monstrated that when these elements are brought into action in a single chamber or body, the ad- vantages of simplicity, energy, celerity of move- ment, and decision of purpose, are immeasurably secured above whet they can be, or ever have been, when these powers are divided and diffused among a variety of legislative chambers, or other creations, under the name of checks and balances. We might, indeed, have plunged deeper than we did into the past records of history, to establish the proof of this position. We might have referred tothe examples of the ancient Grecian republics, especial- ly to that of Athens, to show what energy, what vitality, what unity of purpose, what power, wha, eflective results, flow from unity and singleness of legislative action. But we need not stray so far trom home to illustrate and maintain this palpable posi- ion. Who carried on so successfully, and brought © such a triumphant issue, our own American war of independence? Who was it that took in hand the cause of the people, acted in their name, ad- ministered their powers, directed their energies, end condueted all the difficult and complicated afiairs of a new people, then first emerging into ife as a nation, but divided into different and con~ flicting sections and divisions? Who amalga- mated the whole discordant mass into one body and confederation, forming the people and the con. stitution, since so honorably known as the people and constitution of the United States? Who was it, but one august noble body ot representatives— one single house, one individual Congress? And, it may well be asked, could this body ever have accomplished what it did had it been subjected to the superintendence of another and upper house, to control its movements, impede its actioas, a criticise and delay its measures? We think not; and, besides, we think that this great historical atgument ie conclusive as to the soundness and correctness of cur principle. This single body it was, which, acting with « single arm and single energy —composed, indeed, of two parties, yet not injured, but quite sufficiently checked and ba- jancea by these two forces acting within its own bosom—began, continued, and successfully con- cluded, the great straggle of American indepen- dence ! This tirst United States Congress under the old confederation, carried on, alone, all the war of la- dependence, during the space of eight years of diffiewlty and tral—without the aid, check, or balance of any other power, or of any senate or upper house. Does not this, with the many other corroborating examples, prove the superi ddvan tage of a single House of Representatives, in which all the people, as one nation, are represeated It might, indeed, be sa‘d that ‘thiswevolutionary house also acted without a head, asfitly suits a sovereign to do, and that there was no President or Executive. Yet it had the best kind of Execu- tive, a competent person,appointed by itself,to exe- cute 11s will, the will of the people, and obey its orders, the orders of the people, and that person was Washington, appointed by Congress General- | in-Chief of its Armies, subordinate to Congress in | all lus acts, and removable at its pleasure. It really appears to us that this is, in fact, all the use and all the necessity of an Executive, viz: that he | should be an officer, and Kothing more—an Execu. | uve, to perform and execute generally the will of the people, expressed and defined by their repre- sentatives; that he should be aypointed by them, paid by them, be subordinate to them, and remova- ble by them at their pleasure, just the same as their other more inferior officers, such as their clerk, or sergeant-at-arms, or door-keeper. Virtually, it is 8o in the principle—(we admit that it 1s not so theo- retically)—in our own constitution. The Ex- ecutive with us, virtually, and to all intents and purposes, 1s the creature and the appointee of the ruling party. He follows their wishes, he prosecutes their measures, he is their offi- cer, ipso facto; anda President among us ine- vitably loses all power, influence and respect, if it 18 not so with him, and if he has not the predo- mipant party to sustain and support him. This, we opine, isa further argument in support of our position, that two great leading parties form, like the two opposite poles of the magnet, the two great elements and powers of a popular govern- ment, swallowing up all other powers in theirown vortices. To set upa man in a republic, simply with the idea of his being a check upon the popular ruling party, 18 a mere fiction—we might say, a British fiction He cannot be acheck ; but he must be an instrument, and the mere officer of one or other of the two parties. He is no con. trolling balance ; but, of two things, one must happen—either he will get the upper hand over them both, and then it is a despotism, or he must be the officer, and an instrument of the pre- Ponderating party, and then it 1s a republic. It may even be said that to set up an officer in a republic, possessed of powers and honors conflicting with the power and m ajesty of the people, and for the purpose of a check or balance over them, 1s altogether too monarchical, too much in imitation again of the British system--that idle theory of three opposite gravities counterbalancing each other, under the name of King, Lords and Com- mons, and followed by us too imitatively under th® name of Prestdent, Senate, and House. Of three things, one, in such a case, either the people must be virtually the sovereign, or the individual must be, or an oligarchy of the aristocracy; that is,either the President, or the Senate, or tae House, must eventually, one or other of them, singly pre- ponderate and swallew up the other two; and till this is the case, all is strife, anarchy, confusion. Now, who so proper to preponderate as the peo- ple?’: Why not, therefore, let them do so at once, as they doin the end—as they did without any controling balances, in the long Parhament— as they did in the first National Convention, and as they did in the old and first Congress? All which bodies acted alone as sovereigns, as the sovereign people, and without the drag-chains and checks of any other balancing powers, which, as we have shown, either become, iti the end, absorbed by and subordinate to the popular power; or else the po- pular power succumbs to despotism, or the whole system falls into ruins—destroyed by its own com: plications, becoming unwieldy,impotent, and con- temptible, by its own excess of machinery. The apparatus of a Senatorial or aristocratic body, and a quasi regal head or President, does not, therefore, form, we conscientiously believe, any portion of the necessary or natural elements ot popular government. Those elements manifest themselves by the natuta! organization of two ab- sorbing antagonistic parties. The convention which framed our constitution, which orgamzed our government—an short, every popular body—has always developed these elements. And, in fact, though a system may be formed, consisting of the British trio of three powers, yet the struggle will not ultrmately be among these which represent this theory; but the real struggle will arise between the two great elements which we have already described as ever being the et- fective powers in action in every popular govern- ment. These two elements of popular govern- ment early exhibited themselves, both in the States’ Convention, which passed upon the consti- tution, and in the Congress which succeeded it. The two parties which were then developed—the two antagonistic forces which will ever be 1n acti- vity until one or the other succumbs—were the old federal party, which leaned towards the British government, and lauded to the skies the practical working of King, Lords, and Commons, and the de- mecratic party, which went off in an opposite di- rection, and contended for a simple republican government, to be carried on by a nation of men, one and indivisible, all free and all equal. The government was carned on, and ably too, through two great wars, under the countervailing action of these two parties. When one of them became efiete and decrepid, it disappeared, and was lost among the common elements, 1n the time of Presi- dent Monroe; after which, another formation again took place, when the old party was revived, the peo. ple were united, and the result appeared in the vic- tory of Gen. Jackson. These elements were called the democratic and whig parties, the latter embo- dying the leading elements of the old federal party, and having a tendency to embrace and encourage foreign ideas, instead of those new ones naturally springing up in a new country, from a new state of men and things. We might follow the history of the demecratic party through the times of @eneral Jackson to those of Martin Van Buren, when at length it became weak and efiete, and lost strength from a succes- sion of bad leaders, beginning with Mr. Van Buren and his friends, and succeeded by his followers, Tyler and Polk. To such decrepitude had the party arrived, that if the whig leaders had only adapted themselves more pliantly to its principles, and to the popular opinions of the mass of the peo ple, they would undoubtedly have consolidated power for themselves, and would have maintained it to an indefinite period. Now, all these movements, on which we might enlarge more fully if our space admitted it, demon- strate the existence of two great parties acting upon both houses ; of one or other oftwhom the ex” ecutive is, in fact, the mere instrument, the embo- diment and representative. We are now, at this moment, upon the commencement ot a new age, a new organization of parties, originating in the election of Gen. Taylor, which has just occurred. We shall yet see how the leading men of the whig party will be able to manage the in-coming admin- istration with a due regard to the republican and democratic feelings of the American people, in opoosition to those of their party who lean to aris- tocratic principles and tendencies of action. The great feature throughout all this history, manifests that the organization of a Senate and Hense of \tepresentatives is merely an artificial arrangement of popular government, springing up originally from too great a regard to the forms of another government, and of a different sovereignty and people. The machinery of popular govern- ment has, as we have already seen, two organized parties, which can only act with power and full developement by means of a single assembly, and with a subordinate Executive, who must necessa- rily be an Executive devoted entirely to the prin- Jes, and obeying implicitly the impulse and cip! direction, of the one or other of these two powers. In fact, our government would have been carried on equally as well uf there had only been three theoretical powers, and the three bodies | for a free government 1s unquestionably the best such as we may say has, in some particulars, been just adopted in France. A system of populer government, to be valuable pee tecees must be simple and energetic ; not ered and encumbered with checks, counter- checks, balancing bodies and powers, which all end in nothing, and which, until they end in nothing, are a prolific source of faction, strife, and political disordzr. Intellect and principles are the elements which influence and control a p2ople; and these are shown only on two sides, in two op- posite points; and those two sides are simply the right and the wrong, and nothing more. Now, in all the various commentaries of the press which we have seen hitherto, upon this im- portant subject and decument, there are none ot them which, we think, render full justice to the spirit and theory of the French constitution, at least in this particular. Most of the writers upon the subject appear to us to to confound altogether the theory and the prine'ple with the posmble duration of the constitution. For our own parts, we do not undertake to say what may be the fu- ture working or duration of this constitution ; we can only speak of the theory and principles of it, Just as we might speak of any beautiful object, and praise its form and features, without being able positively to say that 1t would live long or endure forever. Yet the fact of an early dissolution of such a fair object, by some fatal acctilent or other, would not, if it should occur, render our eulogium the less true. Now, precisely in the same manner, the theory and spirit of the French constitution appear to us excellent, per se, whatever may be its possible fate and provable destiny. The duration of a thing and its absolute goodness or badness, are two very different affairs, and in this point the minds of our cotemporaries seem to us to be somewhat cloudy and in confusion. They take it for granted first, that this constitution wil! not last very long, because, forsooth, France has had several constitutions within the last century. Then, calculating with certainty upon a shortlife for the constitution, they hastily conclude that the new born infant is a deformed and shapeless mon- ster, forgetting that, however short-lived an in- fant may be, that does not prevent it from being possibly a perfect model of symmetry and beauty. Among the European commentators upon the new French constitution, the London Times, espe- cially, takes the lead in this style of argument, and sapiently concludes, that because France has gone through many political vicissitudes and changes of late years, ergo thisconstitution 1s good for nothing. This isaeclever way of obfuscating and darkening the argument. [f the theory and epint and provisions of this document are good or bad, is a question which has nothing to do with the past history of France, or any other country. The document ought to be examined and const- dered on its own merits, and the argument not be complicated and obscured by references to past aflairs, or by-gone misfortunes, calculated to ex- cite the prejudices and obscure the judgments of a large class of readers. Our own American press generally, hasnot greatly exceeded the Times, and other European journals, in liberality and good will towards the French and their constitution. Very lugubrious prognostications are made by some of our New York journalists upon this sub- ject. One thinks that the President has too much patronage, snother that the National Assembly has taken to itself too much power ; the Evening Post thinks it would be better if 1t had something like a Senate to check hasty legislation, and that the President for this purpose ought, in certain cases, to have the power of interpo- sing a veto. Now, if all these various ob- jections were only made collaterally by the.seve- ral writers, there might be some justice in them; but when the whole document is laid on the shelf as an almost worthless production, and thrown aside hke a condemned work, on account of some accidental imperfections, we take it to be unfair, and an evidence of latent prejudice. We might, indeed, ourselves, point out flaws in this as well as in every constitution that ever was framed. Is even our own admirable constitution faultless? The French are a brave, noble, and gallant | people—first in the arts, first in philosophy, first 1n literature, first in war, of all European nations— and they have now taken the lead as first in the conflict of human hberty, and the first to establish in Europe a democratic republic. Let us, then, | honor their efforts, encourage their labors, rejoice in their success, and ardently desire their happi- ness and prosperity, and not damn by faint praise or fastidious fault-finding, this sublime effort to create, for the first time, among the nations of Europe, a free, rational, democratic, aud popular censtitution. Meeting or THE Oato LegisiarurE.--The | General Assembly, or Legislature, of Ohio, will | convene to-day in regular session. There is some prospect of a difficulty taking place between the | ¢wo parties, whig and democrat. In the House, the whigs have elected a majority of four, but by the mistakes of some of the election clerks in two counties, in spelling and certifying to the names of the persons voted for, certificates of election in those two counties have been issued to the demo- crats. The whigs declare that their candidates are elected, and will sit, while the democrats insist that they are entitled to do so because of ‘herr certificates, and that they will per force, if neceseary, eject the whig members. The question | will be brought before the General Assembly immediately. _ Later From Brazit.—The arriv: Gallego, Captam Macoduck, Tomiie sae | has placed us in possession of files of the Jorna | do Comercio to the 17th Uct., inclusive. After a careful examination of these papers we have failed to discover a single item of interest in them. From Mow: N EVIDEO.—By the brig Nancy we have received a copy of the Comercio del Plata, of the 3d October. It is filled with European news, to the exclusion of any local items. The U. 8. brig Perry was going in when the Nancy came out. Trinipap —Port Spain papers, the Gazette and | the Trinidadian, were received last night, as late asthe 28th of October. The Legislative Council of the colony met on the 25th of October. The | expenditure of the island for the present year 13 | estimated at £100,175; while the revenue is only | £89,500. A French vessel of war was in the harbor, bound to some part of Venezuela, with a French gentleman on board, who suffered insult and serious loss, The French resident consul of Trinidad would accompany the vessel to enforce remuneration to the French citizen for the loss he has sustained. Hayti.—The Cassandra arrived last night from | Port au Prince, with dates to the 15th ult.; also, the brig Hayti, bringing advices to the 18th. Capt. Morse, of the Cassandra, says that the expedition against the southern part of the island, talked of a in caine ear tcberacons Wall not, it is thought, consumma' juring the lifetime of the present President of the republi ang Mors Exrepitions To Catironnia.—The le of New Orleans are making preparations, pd est, for a des mn the gold regions of California. The Pi —“We understand that at the meeting by these enterprising parties, at ir club: root it. Charles street, on Saturday evening last, they did uite strong enough to be muster q) able to purchase the steamer McKim, as they proposed to do, in order to make the first expedition ‘to those Sraaltaarte: an eae wit! ture, however, that Capt. Farnham, the pur- Chaser of the McKim at the government. sale of went lately engaged in the Mexican war, of lending himself to the enterprise by equipping the vessel for this err_s voyage, taking command personally, and fixing her departure for the 20th De- cember. Weencourage him in his intentions, trusting that he will make a successful voyage in « pecuniary of ne, point of view. Wethink rhe will not lack plent; gers aa freight. ‘The propeler Mekicien strong vesrel, of excelient sailing qualities, and emi: nently ified for the purpose yped.’? Wel from the Boston Bee that a company of one hundred men are about embarking from this city for California, Each map puts into the concern from $300 te $500, whi: rill be sppropriated to the pur. @ vessel and @ cargo aor suitadl the on the Pacific coast. Arrived at Cali: la, @ portion of the hen” will proceed to the gold region the bal iil remain by the ship to surge ue. "The eompeny held w meting he eee on preliminary m: adi in one body, over the British plan of two howses* | one house; for the least complicated machinegy | ‘Tux Risz anv Paocress or Tur Orgratic Revo- LuTion.—A great deal has been said about the broil jately served up by Fry for his customers at the Opera House; but we have not yet seen any where an exposition of the original causes and secret motives which bave produced and inflamed this revolu- tionary movement at the aristocratic head-quarters in Astor Place. This, we promised yesterday, should be given this morning to the world, for the especial benefit, however, of that unique set of philosophers composing the @pera Committee, whose anxiety to signalize their administration is likely to secure for them the unexpected distinction of being the last committee of the last Opera in New York. They have shown that they possess qualities which, if not calculated to preserve and regulate this fascinating and elegant branch of the drama in our city, are at any rate quite well suited to destroy thet which they have neither the sense to understand nor the taste to appreciate. The history of the present Opera season is only a cata- logue of blunders. The first grand mistake was the selection of a halt-starved musical adventurer for a manager, and the plot which has been deve- loped in the recent émeute, will soon satisfy even those who have been the last to believe what we were the first to denounce—the utter unfitness of Fry and his committee for their positions. Fry succeeded at the beginning of the season in procuring a large and liberal subscription from our citizens to aid the Opera, on the strength of a fer- mal and pompous programme of arrangements, by which it appeared that he had engaged the best artists in the country, and had, in addition, sent to Europe to procure, if possible, others still more eminent. But he had no sooner engaged his ar- tists, and filled his subscription list and his pock- ets, than he commenced an extraordinary series of measures, expressly designed to offend and dis. gust the more eminent and valuable members of his company, the object of which was to drive them away from the Opera, or else to provoke them into the commission of some act which would authorize him to annu! their contracts. Truffi, Benedetti, and Rosi.were thus marked as his intended vic- tims. If he could get nid of these, he could put the amount of their salaries in his pocket, and, under the pretence of sending to Europe fer others to fill their places, appeal to the public to sustain him with such entertainments ashe had to give. The very first week in which the company performed in Philadelphia, Fry resorted to every artifice to create jealousy and hostility between Truffi and Laborde. While the orchestra, at the command cf the manager, were serenading Laborde, Fry was sending telegraphic despatches to his penny- a-liners here, ordering them to attack Trufi,whom he had driven—over-worked, harrassed, and almost broken-hearted—to her bed. But, Truffi recover- ing, penetrated his design, and spurning his ma- levolent plan, appealed to the audiences of Phila- delphia, where her magnificent powers secured a triumph which placed her beyond the approach of any rival, and secure against the intrigues of the manager and his gang. The next onset was upon Benedetti. This was to be the feature of the New York campaign. But how to make the attack, and upon what issue, be- came puzzling questions; for the project ot the manager to get rd of his contracts with these artists being known to them, of course they became very circumspect. Fry did not dare to risk a con- troversy between himself and the tenor; so he seized upon a private conversation with Benedetti, while the latter was dressing for the part of Gen- naro, on Wednesday night, and eo distorted his meaning and altered his language as to make up a quarrel between Laborde and Benedetti, in which, through the sympathy which a wo- man would inevitably excite, he could fight his own battle with the tenor—having the petti- coats of a lady to shield him from view and save him from harm. Every species of prejudice was appealed to by the employées of Fry--the sot disant eritics of the daily press— the ery was raised, “war upon a Woman;” French against Italian; Americans against foreign- ers ; every issue was presented but the real one— whether or no Fry had not shown himself a silly fellow, in appealing to an audience, in the midst of a performance, to settle a quarrel, which never should have passed the threshold of the green- room? But, as will most always happen, the truth of the matter was ascertained, and notwithstanding the manager packed his house with hundreds of hirelings to put down his opponent, the good sense of the great mass of the audience, on Friday mght, sustained the artist against the frivolous but ma- lignant hostility of the manager. Now, Mr. Fry, what 1s your next move? You have broken down in two campaigns—de- stroyed the harmony of a superb company, planted the seeds of its certain dissolution, and incur- red the odium of four-fifths of your subscribers. We must give you a little parting advice. Fulfil your contracts with all your artists—if you can, Revive the champagne and hock suppers, which went off so well in Philadelphia—if you dare; that 1g, if the subscribers will allow the funds to be so appropriated. If there 1s any money to spare, de- posit the security promised to the artists as a guaranty against failure, which is becoming every day more imminent. And, finally, when you re- tire, as you soon will, from the operatic line, never again emerge from a natural and becoming obscu- rity, into the tempting but fatal service of the New York operatic aristocracy. Cor if A LD Decemnrn 1.—Decisions st November Term, 1848, made December 1st., 1848,—Judgments ifirmed.—Van Leuven, plaintiff in error, vs Like et al, defendants in error; Harvey. plaintiff in error, vs Olmstead and others, heirs, & lefendants in error; Wendel plaintiff in error, vs Crandall, defendant i intiff in error. vs Wilson, defendant rall plaintiff in error, vs Parmelee, di Pitts plaintiff in error, ve Wilder, de’ dant in error; Van Reneslaer, plaintiff in error, vs Poucher, defend- ant in error; Bovee, plaintiff in error, ys Coman, Jr. defendant in error; ler, defendant in error. Judgment reversed—venire de novo by the Supreme Court—Costs to abide the event.—Buckman, plaintiff in error, vs Cowel ndant in error; Brigham. Jr. plain- tiff in error. vs Fowler, defendant in error; Hil & Sand- ford, plaintiffs in error, vs Covell, defendant in error, Decrees of the Court of Chancery and of the Supreme Court, reversed and that the bill be dismissed with coste of the Court below.—The Farmer's Loan and Trust Co- impleaded, &c , appellants, vs Walworth, clerk, &c. re: spondent. New trial granted—costs to abide events.—Butler & Vosburgh, appellants, vs Miller, sheriff &c. respondent, Gardner. appellee, vs Heartt, appellant. of the Court below reversed, ond bill dismissed in that Court.—Hallary & Hunter, reapond- derheyden and wife, appellants. Weider- nts, v8 Bingham, adm’r sirod, plaintiff in error, vs Shu- nt reversed, and writ of certiorari granted. The Mobawk and Hudson R. R Co. plaintiffs ff error, ve. Hill & Aldrich, defendants in error. Decree modified by striking out the words “ five thou- sand dollars,” wherever they occur in the decree, and inserting the words * three thousand dollars’’ in place thereof.- Mary Martin, by her next frien pellant, vs. Norris 1), Martin, respondent. Judgments of Supreme Court and Common Pleas re- versed, and that of Justice offirmed.—Crippen, plaintiff in error, vs. Abrams, defendant in error. Decree affirmed in part, end reversed in part.—Dun- lop, respondent, ve. Clute and Clute, impleaded, &e., appellants 'e- Argument Ordered. —Mason, and others. respondents, Roe, pl in error. Appeal Dismissed, with & ski Jats. nner, respondents, vs. fotion to dismiss appeal denied, without costs and without prejudice,—Baldwin, respondent, vs. ton , appell After decisions, the court ing no motions. Mr. pellant, vs. Jones tiffin error, vs. Comstock resumed the ent for res: pondent in cause No. 31, and Mr. B. Davis Noxon concluded for appellants. No. 32. David 8. Colvin Jaiatiff in error, vs, Charles A. Holbrook, defendant fe error. Noxon, Leavenworth & Comstock, attor- neys for ntiffin error. Forbes & Sheldon, attor- dant in error. Mr. B. Davis Noxon ar- intiffe im error, and Mr. John G. ‘orbes, for defendant in error.— Syracuse Star. Unirey States Surreme Covert —The annual of the Su Court of the United States com- menoces on M° nday next. Al: ‘we hear of the ar- tive! oa t= Flt eld S ae members ‘= wi A quorum of the court will, indance on the day for its assem- Intelligencer, a ‘Theatrical and Masical. Panu Teeatas.—The Park, during the engagement of Mrs. Shaw, was very successfal, and the chaste classio _performan: of this distinguished actress: | bave gained for her an esteem in every literary mind, that nothing but perfectien itself oan obliterate. Hamblin has preved to a Park audience that he is every way suited to the didcharge of the duty imposed upon the manegerial c This evening ho presents to his patrons another of refined amusement in the beautiful ballet ralda,” in which the t Monplaisir troupe will appear. e enter- — its will commence with the farce of ‘The Open louse, tive bill, and when: the indefatigal ertions of the manager to please the patrons of Old Drury, no matter t expense,sre generally understood, we promise him that discerning audiences will repay him by the most extensive patronage. The Park hae always been orite place of resort with our citizens, and nothing but # departure from a strict adherence to Leow ‘the taste and refinement (fthe age will militate against this classic ground. Bowsar Tuxatax —We expect there will be a most overwhelming audience at this house this evening, as the entertainments will be of the most novel and bril- Mant description, Herr Driesbach and his splendid collection of trained animals have been engaged, and will appear ins new original drama, entitled “ Mungo Park,’’ founded on the adventures of that celebrated though unfortunate traveller, whose heroic character and ardent investigations of the beautiful but fatal African continent, will be read with interest. Of course his travels in euch romantic land afford fine scope for the dramatist, and the introduction of wild animals is quite apropos to the nature of the incidents he met with. All this skilifally iece ; indeed, the wild animals are introduced as necessary illustrations of the story, and are not its sole object, as in most entertainments of this kind. Herr Dri Arab of the Niger; N. B that of Mungo Park ; naturalist, on an ex- i Winans, that of Toby Gander, Ploring xpedition. During the pisee, the animais, which by-the-by, consist of lions, leopards and tigers, will be seen all collected together, and Herr Driesbach will show how completel, can master them. The farce of the “ Alpine Maid,” the “Maid and Magpie,” and dancing by Signora Clocca, Signor Neri and Mr [i ‘W. Smith, will form the remainder of the enter m1 Broapwar Tueatr &.—Determined to present enter tainments which shall command the approbation o all the quid nunca, as well as the admirers of rare his- trionio exhibitions, the proprietors of the Broadway theatre have engaged that celebrated wonder of the modern world, Tom Thumb, who is to appear to-night as hero of the romance ‘Hop o’ My Thumb.’ The reputation which this little great man has made for himself in Europe, as well as in this his native country, cannot fail to draw a large audience. Major Tom is to present not only himself, but his pigmy equipage. The entertainments of the evening incluae not only the performances of Tom Thumb, but the petit comedy of “ The Dumb Bell’? is also to be sented, as the burletta of ‘The Arcade.” T! pieces cannot but draw, and the msnagers will un- doubtedly be amply repaid for their thus arranging matters go as to afford t! Dill for those who njoyment at th Nationa Taeatne.—Mr, and Mrs, C. have been engaged at this house for a few nights only, and will appear this evening. This will be the first time in seven years that they have played in this theatre, the scene of so many of their former triumphs, and we are sure they will be welcomed back with much satiefaction by its present patrons. “ Don Cwsar de Bazan” is the play selected, and Don Cwsar in the bands of Mr. Thorne, and Maritana in those of his talented lady, will no doubt be most capitally played Another great feature of the evening will be the revi- val of the fameus local drama of the “ Mysteries and Miseries of New York,’’ which has been such a favorite with the National audiences. Chanfrau, of course, is Mose; Seymour is Sykesey; Mrs Woodward, Big Lize; Mies 'Mestayer, the younger Lize; Burke will be the Captain Tobin, aud the other characte: il be filled ss before. The Mit ringers, will likewi pleasing performane tu: 4 Philosophy’ m ‘With euch a bill we are pretty safe in predict- ing a first rate house, Bunton’s TukatRe.—The extensive share of public patronage enjoyed by this popular theatre, under the able management of Mr. Burton, is the beat test ofthe excellent talents of the company who nightly perform here. The comedy of the “Printer’s Apprentice’? will bo presented this evening, on which occasion the part of General Morin will be sustained by Mr. Bur- ton, The popular comedy of “The Breach of Promise,” and the extravaganza of “Musical Arrivals,” will also be prerented, im which the pompeny, will appear in full strength. A more attractive bill has not been pat forth since the opening of the season, and those who nightly flock forward toenjoy the performances, al- ways are gratified with the rich treat which they are sure to receive here. Mr. Burton is a host in himself, sad ee will appear this evening in two of his best parts. |, Broapway Cincvs.—Several new features of attrac. , ton have been added to the entertainments nightly sented at this popular cirous, The engagement of ir. Sergeant, together with many of the equestrian formers lately attached to the circus of Sands, Lent & Co., will add considerably to the array of talent | that bas gained for the performers so high a reputa- | tion in their various departments. Zoorocicat, Havt, Boweny.—During the past week) Mesers. Van Amburgh & Co.’s Zoological Hall, i: e Bowery, has been patronized as liberally as th 3 prietors could desire. This is fectly natural; for the collection of curiosities of the an! creation therein exhibited, comprises some rare specimens and curiosities. To see the bevy of monkies, alone, is worth more than twice the sum charged for admission. With these, and the hyenas, tigers, bears, re zebras, &o., we cannot see how any one can omil visiting this highly attractive place. Cuaisty’s Minstres.--This band of Ethiopean minstrels still retains its pene No other commen- taryontheir merits could be furnished, not is any other needed. Night after night their unique enter- tainments are attended b:; élite of the city. in crowds, and we hazard nothing in saying that their ity is rather on the increase than decline. As melodists they ounnot well be excelled; and as deline- ators of negro character, we believe all ‘will admit they are perfect. Tue New Ortrans Sexexapens will, this evening, | give a first-rate concert, consisting of overtures, songs, lees, quintettes, refrains, ballads. parodies, and, fhough last, not feast, their extraordinary imitations in the celebrated scena from thejitalian Opera,in which Jenny Lind, Grisi, Alboni, Lablache, &¢., are all pre- sented in the most glowing terms. The performances on the bones are also most remarkable. Tux Camrsext Minstaxxs will proceed on their tri- umphant career the oes rae giving their Deautiful songs, dances, &c., with their usual eclat. Hermann, Barry, Crosby, West, Peel, and the others, ere all w are technically termed star singers. West's whistling is sometting wonderful. They nave ow sung for nearly one hundred and fifty successive nights, and instead of any falling off, there seems to be an increase, in their patronage. Mxtoprox.—The ces at this place, every evening, continue as racy as ever. White’s serenaders are the prominent attractions. Guxa’.’s Bano—New Musicat Hart, 539 Baoap- way.—It will be borne in recollection that this accom- plished band will make their seventh ap nce this evening, at the New Musical Hall, and in addition to the overture from ‘Mi .? the aria from “ Lueia di Lamermoor,” and “The Responding Alpine Spri Jubilee,” the rearrangement of “Oh Susannah’: and “Rosa Lee,” and the quedrille com; ing meay pular airs, the modern compositions of Gung’l, Pelncluded in the evening’s entertainments, This will be a recreation of much interest, and must com- mand universal attention. Mr, Anxon, the popular light comedian, takes a Denefit, to-morrow evening, at the Olympic theatre. Campbell's Minstrels are te assist him on occasion, We wish him every success. Bommanvment or Vera Cavz —Those who ate curi- ous to know how such affairs are managed, can form a most accurate idea from this most ingenious and re- markable dioramic exhibition. It is shown every eve- ning. Mexico Inivstraten.—This beautiful exhibition is most liberally patronized. 1t is a most beautiful pano- rama, and, altogether, forms a most delightful even- ng’s entertainment. Jox Pxxtianp, the popular clown, and Decamp, the celebrated ring master, from Sands, Lent & Co’s. Cir- are playing an engagement with Welch, Delavan, and the Boston theatre. Mr. W. Mansnact, the popular tragedian, after a very successful tour in the eastern States, recently passed through this city en te to Philadelphia, where he me at at the ‘Arch street theatre. 4 we wish him success, TELEGRAPHIC INTELLIGENCE. Official Reception of the Mexican Minister. Wasuinoton, December 3, 1848, Senor Louis De La Rora, the Envoy Extraordinary and Minister Plenipotentiary of the republic of Mexico, was officially introduced to the President of thé United States by Mr. Buchanan, the Secretary of State, yos- terday,at two o'clock, Senor De La Rosa's interpre ter and one of his secretaries accompanied him, After a formal presentation by the Secretary of State, the Mexican Minister addressed the President in the Spanish language. The following is a translation of his speech :— “Most Excentenr Sin:—! have the honor to present to your Excellenoy the full power which accredits mo as Envoy Extraordinary and Minister Plenipoten- tiary of Mexico, to the government of the United Stutes, 1 also have the honor and satis‘action of placing in your Excellency’s hands the letter addressed to you by the most excellent President of the Mexican repab- tfc. From both these documents your Excellency wilt see how benevolent and friendly are the sentiments of the government of Mexico towards the United States, and how ardently it desires the happiness of this re- public. The treaty of peace signed in the city of Guadalupe, threw a veil over all the past; and Mexico will deem herself indemnified for the sacrifices which she made for pe ce, provided that treaty is religiously and inviolably fulfilled. The honor and good faith of your Exceliency’s government are the beet guaranty to Mexico for the fulfilment of that sacred pact; consequently, my country will not, in future, re- gret that Providence has placed her near a powerful people, daily increasing in civilization; on the con- tray, Mexico will always address to the Almighty the fame prayers whioh now proceed from my own heart for the prosperity of this republic.”” ‘The President replied as follows “It affords me peculiar pleasure, air, to recognize and receive you as the Envoy Extraordinary and Minister Plenipotentiary of the Mexican republic. I cordially reciprocate towards Mexico the sentiments of friend- ship which have been expressed for the United States, in the letter of your distinguished and patriotic Pre- sident. I but express the sentiment of the whole Ame- rican people, when I assure you of their sincere desire that Mexico may be great, a prosperous, and a pow- erful republic, united in bonds of perpetual amity with the United States, and that her citizens may enjoy all the security, liberty, and protection, which must result from a wise and firm administration of her present constitutional system. It shall be my constant cars to cherish between the two republics sentixents of mutual regard and friendship, and to extend and cultivate the commercial relations between them upom terms of reciprocity which shall be mutually advanaageous. May all past difficulties between the two countries be forever buried in oblivion. The treaty of peace, to which you hive referred, shall be inviola- bly observed, and all its stipu'ations be faithfally exe- cuted on my part, and I doubt not will be exeouted in a similar spirit by my successors. I cannot, upon this interesting occasion, refrain from expressing my grati- fication that the Mexican government has selected for its diplomatic representative in the United States an individual so highly and justly distinguished as you have been for public services, both in the legislative and executive departments of your native country; and, above all, one who contributed so essentially to the happy restoration of a just and honorable peace between the two republics. The President of Mexico, whose honor and intégrity have never been doubted, has thus afforded the surest pledge that the treaty of peace aball be faithfully preserved on his part.” Non-Arrival of the Steamer. Boston, December 3—7 P. M. ‘We have been waiting all day for the Britannia but, up to the time of closing my despatch, she has not made her appearance. The heavy gale of Ssturdey has probably driven her back, and she may not arrive before Tuesday. The weather, through the day, has been quite pleasant. Storm on the Coast of Virginia, Baurimong, Deo, 3, 1848. The government steamers Iris and Waterwitch have arrived here, All well They report passing through a heavy storm on the Chesapeake on Saturday, duriag which they received some injury in masts and rigging. The storm is reported to have been very cevere at the Capes. Later from Maracaibo, Purtapecenta, Dee. 8, 1848, By the arrivalof the bark Irma, dates to the 13th ult, have been received. Monagas still held-possession of the city, which is surrounded by the forces of Gen. Paez, 1,500 strong, under the’command of Gen. An- drade. The capitulation of the city was looked for daily, as the most influential citizens favor the cause of Paez, who on his part is confident he will soon again re-establish the constitution of 1830, enema Police Intelligence. Scenes Before Justice Lothrop.—The police office yes- terday morning, was filled with quite @ mixture of loafers and rum heads, of both sexes, sizes and colors, who took their respective positions in court, awaiting the call of the magistrate, to answer the chi e ferred agat Mu ee ae e. first case called up was a woman by tho nams of Mary Jane Montgomery, bearing rather a rammy looking figurehead, covered with a Rocking looking bonnet. She was charged by the policeman with being a night walker in the Park and a common woman. Maoistrate—I think, Mary, we had better send you on the fbland for six months. Mary—Oh! no gracious, don’t judge! In conde- tending goodness, do let me go; I will never trouble you 1 am going out to Brunswick, and will never trouble you again. Macistnate—Well, Mary, if you will promise to to Brunswick, and never trouble us im, 1 will fe you go. Many—Thank your honor; I never will. Ezit Mary, inaburry. The next called was Alice Burrows, a young woman of some marks of good looks left, only much 5 —— the effects of bad liquor. Officer Gardner said she was drank and disorderly on the Five Points. ‘The officer said she more properly belonged to Water street, but within the last two days, she had left Water Face Seeceretartae tat the Five Points, in order to ixaprove her morals. disposed, of Alice, by consigning her for six months on Black- well’s Island. ‘Wm. Jenkins was next called. This prisoner was an old black man, of Sz respectable appearance, who was charged with violently assaulting a Mrs. Caroline Bowyer, residing at No. 10 Wen S: otreet, striki with a club. ‘wo good- a her on the h : Ing young women a og as witnesses, the names’ of Elizabeth Alten and Caroline pg These two witnesses testified, that the black man called at their house, and wanted « bill of three dol- lars, due his wife, for nd because Mrs: Allen had not the mo: to pay him, said he was an Indian, and came there to kill them, because they did not pay. He was then ordered out of the and would not go. Mrs. Bowyer’s husband then t1 to put him out, when the negro fell down stairs. “I am ing,” said Mrs. Allen, “to swear my life against him, ‘cause I know he wants to kill me.”’ Maaistra iiliam, do you hear this charge against you?~-what have you to say? Prisoner —I never raid | was an Indian, nor did I say J] would take her life. My old woman (pointing to his wife) has done washing for Mrs. Allen, and she owes her three dollars, over a month » and she yj and all 1 did’ was to ask for the money, lady and a man got on top of me, ‘uck me on the head (showing his braleed marks); me out of the house, and sent for a police- = os Lee = fe I cause I wal irs. Allen to pay mo the due me for washing. bts Macistrate-—Mrs. All iven ner. Movements of Individuals. The following comprises the majority tivals, yes- terday, at the undermentioned hotels : itor—Hon, ‘Washington Hunt, Lockport; Judge Ruggles, Pough- keepsie; Geo. Davis, Massachusetts; George Roberts, Boston; C. Brown, ‘Washington, D.C; J, Reynolds, Lancaster; Captain and Mrs. Hallett, “ Queen of the ‘West;? Governor and Mrs, Davis, Massachusetts; Col. Starkweather, Cooperstown; Hon. Horace Mann, Mas- sachusetts. Irving House (Howard’s)—Hon. N. Cra- ‘Westchester; E. B. Dickinson, Cincinnati; P. F. Waitle, do,; MJ. Hayes, Montreal; M. Ryan, do.; E. e, Baltimore; . Smith. U. 8S. Army; R. Carter, Montreal; Capt. Johnson, Hartford; H. Good- man, London; Hon, C, P. Peck, Vermont; W. R. Cal- houn, West Point. Fat. or A Buipine, aNd Fata ConskQuexces.— We learn the following particulars of a fatal acci- dent at East Thomaston, Maine :—“This day, (Nov. 30.) at balf past 10 o'clock, the lowsr floor of a store occupied by Samuel Pillabury, for the storage of flour and corn, gave way, instantly killing Edward Merrill, s boat builder, who was employed in repairing a boat under the building. There were about 300 bbis, flour and 2 500 bushels corn on the floor, some part of which will be lest, as it went into the dock. Mr. M. wasa young map, much retpected. He leaves a wife and two children. Movexrnts ot ‘aniev.—A petition to the prevent Congress is in circulation among the mer- chants of Newburyport. prt that bees A to i the revenue act of 1846, to ah the ad volorem vali ation on imports, itute apeoiio duties, 60 far as is practicad! efleot immediately. com the priso: “Well,” said the Justice, “ I will hold Jenkins a short time, to see if she comes ; and if not, I shall diso! him. Mrs, Allen, you can go,andin fature I would advise you to pay your poor washerwomen.”’ Among the nest of loafers and drunkards, was seen ® Teapectable store keeper, doing business in William st. near John street, who was picked up by the Sth ward in the rae hee drunk, and conveyed tation houre for safe keeping. "The magistrate slight reprimand, ilor.—Officer Floyd, of the |, arrested, yesterday, a young man by the name Oliver ’. Nichols, on » chatge of obtaining « sult of clothes, valued at $40, fro Degroot, tail Wan. H. lor, No, 90 Fulton street, by fraudulent rej ntations. It at Nichols ordered a sult of clothes to bs mnt home by the boy, Niohols was money to pay for them, but de- clothing. saying call again. This the boy did, but without obtaining the money. We under- stand the clothing has since been paid for, and the case willtherefore be dismissed upon a further hearing Brooklyn Intelligence, Asorner Arremrt to Buns Brooxire.—Another most daring attempt was mady, on Saturda} to burn this city. A brewery in ‘ritary stroot was set on fire, and the incendiary was caught in the act, but ia the confusion was carelessly allowed to escape. The best care should have been taken for hia security, as it in probable he was the one who lighted the fires which ot late have been so destructive, Exptoston or A Powpen Mu.1 ann Loss or Lrg, --The powder mill near Xenia, Ohio, exploded oa ‘Thursday lest. Two persons were killed. and the bulld- ing was blown to atoms, The be og of the explosion we heard fifteen miles,—Lovisurlle Courier, Nov, 98,