The New York Herald Newspaper, February 11, 1849, Page 2

NEW YORK HERALD, Rorthwest corner of Fultvo and Nassau sts JAMES GORDUN SHNNETT, PROPRIETOR. wo editions, 3 conte per aprEe AF ER die buted before raat 5 can be eae newaboys at o'clock. WEBKLY HRKALD, fer circulation on this Conti for ‘siveulation’ tn Bovopes id pritied tn Somer copy, or $4 per annum, the te postage, snail, for subscriptions, or with adver- be he ap thoactane will he deducted from RRB: (DENCE, contasning important oan pay raecern ef used, will be shed at : (renewed every morning, and te 0% | beyond the endurance ot any ordinary individual, "and afternoon at z ea editions, ) manner: Ht ad SF ations. Wht by the ublica return te i i i : f i eomevenic ations. ‘ING ‘hinds eze~mteo wa reseioed ate HERALD ESTABLISH : BOWERY THEATRE, Bowory—Looxsurtu or Sroomnoim —Covmn Treat NarionaL Gvanv, BROADWAY THRATRE, Brosdway—Monrx-Causro. NATIONAL TEBATGR, Chatham Square—Txe Avorran (Cur >—Mose mm Carivonm1a— Rona Meapows. BURTON'S THEATRE, Chambers street—Inisn Encaoe- xnts—Poon Prtticoppy—Mowro-Caury. MPCHANICS HALL, Broadway, near Broome—Cumisry’s Bixercers, Succf 'Y LIBRARY, Brondway, near Leonard—New On- BErare SoU RNADERS. ALBA® Broadway, noar Prince—Sarvs, Lewr & Co.'s Aman ies ous, * (CAL HALL, Bowery—-Van Axaunon & Co.'s Memas er sv CLIN est MUSEUM, 689 Broadway—Cutmase Ourioerrixs, PANO \ A HALL, 698 Broadway—Dorwavan's Paxo- pala sts ans ay, Webruary New Vork, Si Foreign Intelligence, One of the ocean steamers will probably arrive to-dvy The Sarah Sands is in her twenty-second, and the Nivgara in her filteenth day. The news, when icce:ved, will be given in an Extra Herald. Dhe Priv sthood and Benevolent Soetetics. A preneness to obtain control over men’s minds has been « characteristic of the clergy, of all de- mnominz!ions, Christian and Pagan, from the ear- hhest times to the present day. Free as this coun- try 1s, it is not completely emancipated from the thralden: of priestcraft; and were it not for the fiberty and independence of the press, we are satis- fied that cur people would be as much the slaves of their prvets as are those ot any other country. Pnestcra‘t, or tyranny of any kind, however, can- Mot guiu such an ascendancy over men’s minds as at would desire, as long as freedom of the press exiris. That mighty power grapples with it, wherever it exhibits its cloven foot. It treats it as it would error in any other form, and always tri- umphs in the contest. We de not wish the public to suppose that we ‘are hostile to the priesthood, as a class, or that we ‘would, in the slightest degree, detract from the ho- linees of their calling. On the contrary, we wouid have them believe that we honor and respect the priesthood of all denomimations, and would like to see them respected by every man. While we would do this, however, we would confine them ‘within their own peculiar sphere. We would not have them descend from the altar, cross in hand, and erter the arena of politics, for the purpose of exciting the passions of one portion of the people @gainst another; we would not have them, as they are in Mexico, a controlling element in the govern- ment; we would not have them, as they have re- ecptly done in Ireland, ascend the pulpit and use dred and fourteen days, he would have been feasted American Sym pathisers tn Ireland, ‘Tus Pare Fieur anv rrs Conseqranoxs—A That every pulse of Ireland is filled with the | Tregmez Favp Brewino —Lhe result of the re- most pure love and high enthusiasm for America, 18 | cent prize fight between Sullivan and Hyer, proved by the confidence the Irish people feel in every one known to be purely American. When Mr. James Bergen, ot New York, was in Ireland, and Ireland was in commotion, the simple fact in Maryland, promises to lay the fouqdation of a terrivle feud between their several adherents in this city, that may break out, one of these da: into some fatal riot or row. It seems that Sullivan and his friendsdeny the aecuracy of the statement that Hyer won the > that he was anative of the United States ceutred upon him the strongest and most lively feeling— eo that, during his long 1mprisoument in Newgate, | fight according to the approved rules of the ring Dublin, as a suspected American sympathizer, he | Yesterday, Sullivan published, ia conformity with had frieads innumerable, who daily, and with | ths idea, the following card : heartfelt interest, watched his course and conduct. | sur.tvan's Notics to tHe Pu i - | to friends thro’ ut the country, who have had On his releage trom an incarceration of one hua- mares stahed om wy Agbt with Hyer, not to give ban cent, as | wom the ring, three times—an: 10.—I hereby oan- never lost it once. JAMES SULLIVAN. from the President, coommunicatiog the tnfor mati: previously called for, relative to the seoret historyof Onio registry law. the late treaty with Mexloo, and the protocol te the came scoording to the rules of the |*thourand copies for the use of the Senate, and mad TELEGRAPAIC INTELLIGENCE, een THIRTINTH OUNGRESS. SECOND SESSION. | 1 THR PRESIDENT's PROTOCOL Mnssaan, | ‘The Viox Paxsivent laid before the Senate a message | Mr. Manoum, of North Carolina, moved to refer the mestege to the Committee on Foreign Relations. Mr Fooru, of Mississippi, mo | to print twenty lengthy speech in eupport of the motion; and in a 4 . Feb, 10, 1840. Officers have been sent to New York to arrest Salli | vam, and apother officer has been sent to Philadelphia for Hyer, with « requisition from the Governor of this State on the Governor of Penns: for his delivery. Proceedings of Onto Legisiatare, Cotvamsus, Ohlo, Feb. 10, 1849. The Legislature have passed an act repealing the ‘The Semate refused to take up the bill pr widing for & vote by the people om the question of calling a con- vention to frame @ new constitution. The vote stood, yeas 20, naye 90. Damages for Oar Avsanr, Feb. 10, 1849. the proprietor | but ke declined all public demonstrations; and ‘We learn that Wm. Bonnet, who was seriously in- general discussion of the protocol question, he said the | avoiding dinners from associations, clubs ‘and parties, chose only the hospitality of some of the gentlemen who had previously been his fellow-pri- beautifully, and with | soners. STENT is open throughout the | some of the leading men of Ireland. At some of these private dinners he met Our space wall afford us only room to describe a few incidents. Just after the suspected attempt at an escape, under the bad auspices of that ungrateful scoun- drel, Hutchinson, the policeman, whom Mr. Dufly had lifted from abject misery and insignificance, Charles Gavan Duffy, Richard D’Alton Williams, Kevin, and Izod O’Dogherty, were removed tothe part of Newgate where Mr. Bergen, Mr. Ryan, and some forty others, were confined. Im. mediately on their reception, it was proposed to give those distinguished gentlemen a dinner, and, although neither the Astor House nor Gresham’s Hetel were in requisition, and it was contra bones mores in Newgate to eat, even decently, it was so contrived, in defiance of all law and rule, that Newgate should, for the first time in fifty years, witnees one meal of victuals. The festa was not, perhaps, as recherché as if Messrs, Coleman and Stetson, or John Florence, had had supreme command; but, even under Yan- kee auspices, there was a sort of cead mille faltha about it which made every one remember that he was at home, and, therefore, bound to leve loyalty, in a way which may, hereafter, improve the Bntish rule in old Ireland. At the same time that the dinner to Mr. Dufly, etc., was progressing, the poor, but stalworth and honest, sufferers tor Ballin- carry were being fed with the first meat dinner which some of them had tasted for years; and, by the way, it is worth while to state tnat, although moet of these men, like their compeers, labor hard in the coal mines, from day to day, they scarcely know the taste of animal food; and yet, ina state of positive misery, they were ready to strive for Ireland’s independence. Where were the well fed and purse proud then? At this dinner, Mr. Ber- gen presided as chairman, assisted by Cornelius R. Mahoney; and if Lord John Russell could have been of the party, 1t would have improved his knowledge of Irish affairs, and might, perhaps, have made a decent man of him. This dinner took place on the 22d of October, 1848; and its an- niversary 18 to be celebrated for ever, by the parti- cipants and their descendants, wherever they may be, as a day especially devoted to Ireland. On the 25th day of November—the anniversary of the evacuation of New York by thé British troops—Mr. Bergen received no‘ice that Mr. Ryan and himself were to be liberated. He caused the disgrace of the British to be properly celebrated in all his despatches to government (published), and by his Irish fellow prisoners, who will pro- bably remember evacuation day quite as well asit should always be remembered in New York. On the 26th, as Mr. B. had to await the signing of his release, his fellow prisoners determined to give Mr. Ryan and himeelf a “ finishing” ban- quet. By management, the splendor of this enter- taimment surpassed all hotel pretensions. New- the sanctity of their calling to stop the pregress of one of the holiest efforts ever made by an oppressed and downtrodden people, to overturn a corrupt, despotic, and bloody government. In a word, they are very well in their proper place, and we would keep them in their preper place. If, from any excuse, they left their appropriate sphere, we would denounce them. We would nip in the bud any attempts they might make to attain an undue influence over the people, or engage in mattera which concern them not. Ot this character is an extraordinary case of priestly interference, which tock place at Roches- ter, in thie State, a few days since. We will briefly explain the circumstances. A member of the Order of Odd Fellows, living in Buffalo, died there, and his body was taken to Rochester for interment. Asa mark of respect to the deceased, the brethren of the order in the latter city received the body at the cars, and formed an escort to the Catholic church in which the funeral services were to be performed. The Odd Fellows en- tered the church, as a matter of course; but ‘before the services were commenced, the officiat- ang priest requested every member of a secret society to leave the church. Thinking rightly that the occasion was too solemn to permit them to rebuke the priest for his insolence, the ‘Odd Fellows withdrew from the church. Now, we will put it to our readers whether they ever heard of a more insolent or impudent piece of interference than this. In the presence of the deceased, and his friends and relatives, this priest took occasion to go out of his way to insulta benevolent association, which 1s based on friend- ahip, love, and truth, to all mankind; which recog- mizes no distinction of birth-place, color, race, ‘wealth, religion, or politics, in its memb«rs; which aims to join the whole human race, in every part of the world, in the bonds of brotherhood; which dees more good, and relieves more dis tress, than all the churches combined. What could be his motive 3 +The good accomplished by the order of Odd Fellows is acknowledged by all; and why should it be thus openly and publicly as- sailed, and its members insulted, and that too by a priest? The reason is plain. The Church is all ‘“‘preachee, preachee, preachee,” without practice, and this benevolent society 1s all practice and ne“ preachee.” The Church preaches friend- ship, love, and truth, and the Odd Fellows prac- tice them. The consequence is that modern priestcratt feels its influence and fears annihilation, for the order of Odd Fellows and other benevolent institutions are making rapid strides, and inoreasing at arate quite alarming to the priests of all denomi- nations. Bishop Hughes, some time since, de- nounced that order from his altar and newspaper orgaue, and other sects are engaged in preventing its extension, to the utmost of their ability. If the priests were sincere in their professions, and de- sired to practice what they preach, instead of throwing obstacles in the way of the order, they would join it heart and hand, and bid it God-speed in sts good work, as some of the best of their cloth have done and are now doing; for there is hardly alodge that does not number among its members, a clergyman of some religious sect. As long as we are at the head of an independent press, we will rebuke and denounce all such acts as we have mentioned. We will never consent that priests or parsons shall meddle with what does mot concern them—we wi!l denounce fanatieism ot every kind, religious, or political. Later rrom Havana.—By the arrival of the bark Rapid, Capt. Ward, from Havana, we are in receipt of papers to the 27th, and accounts to the 28th ult. Our files consist of the Furo f ‘and the Diario dela Marina. ° (*tustatal We are sorry to see that one of the little Vien- noise Children, Maria Stanton, aged only 8 years, died at Havana on the 22d ult., after a short illness efenly two days. Her funeral was attended by all her former companions, Madame Weiss, Senora ‘Tedesco, Signor Marti, and a great crowd ot re- a@pectable citizens. The Havana papers are uncommonly bare of pews. gate belonged to the prisoners, for the time, and it echoed to the loud song of the ‘‘ Star Spangled Banner,” as sung by Mr. Bergen, chorused by his fellow prisoners, and applauded by the listen- ing and admiring hundreds of “ out side citizens,” to the great dread of the Dublin police. At this, the last of the ‘“‘ Newgate outbursts,” the following address, written by Charles Gavan Dufly, was presented by a committee consisting of the following gentlemen, viz.:—Charles Gavan Duffy, chairman; Edward Troaton, vice chair- man; John Lawless, James Doyle, James Fran- cis Lalor, John Martin Burke, Eugene Martin, Jonn Evans, Francis Harvey, Charles Henry West, M. D., Cornelius R. Mahoney, secretary ; be Newaa! To Jamzs Bracen, of Rran. Eeqs.—Gentlemen quit this prison, whe: fui period, you y, witho fering you some it expression of the Eek ry ave im- regard with which your conduct and bearing pressed us. You have borne the many privations and the mot un- frequent insolence of authority, which make imprison- ment heavy, with manly ceurage and forbearance ; end your associat Dear willing testimony to the Dustin, Nov. 26, York and Ricu. dis] and unfsiling kindness with which you hav. ° de to share and lighten the same burden on ot ‘Accept our personal gratitude, and at the same time bear back with you the expressions of our profound gratitude and respect to the free nation of which you have the happiness to be citizens, for their services to our country in all her necessities, aad their frank and generor eption of our exiles. We trust, hereafter, to be able ik America as she ought to be thank- ed; but, meantime, you will be our witnesses that we are not unmindful or ingrate, Mr. Bergen also received innumerable testi- menials from the friends of the United States. Among them we select the inscriptious on the likenesses of Terrence Bellew McManus and Tho- mas Francis Meagher, which he brings to this country. Under the likeness of McManus is im- scribed in his own chiros, the following words :— To James Banoxn, of New York:—As a token of my esteem forthe manly part he has taken since his ar- rival, and during his imprisonment, in this country. Richmond Prison, Dec. 8. 1848 Terexce Bettew McManus, And upon the portrait of himeelf, the distin- guished and highly accomplished patriot and orator has written: To James Benonn,of New York— | feel sincere pleasure in presenting this slight testi- mony cf my esteem and admiratio! d beg of him to sovept it in remembrance of one who deoply regrets that he hed not the happiness of a ri acquain- jth pd that visit to Ireland was not orable by the ph of the y failure of wi ‘both imprisonment! THomas Francis Mraonra, Member of the Executive Council of Five. Richmond Bridewell, 8, 1848. After visiting the American Minister, at London, Mr. Bergen returned, via Liverpool, in the ship Princeton, Captain Russell, with Mr. Ryan, Engene Martin and James Francis Lalor, who had been his fellow prisoners in Newgate. Some ot his American friends propose to compliment him by a public dinner at the Coliseum, on Tues- day next. As he will meet there some of the lead- ing exiles, it will, without doubt, prove te be a highly intellectual entertainment. Mr. Bergen 18 vt present recruiting his health at Fort Hamilton, atthe quarters of his friend Lieut. Niekel, of the Ist U. S. Artillery. Superior Court—in Banco. Sarah Such an announcement, under the name of Sul livan himself, will have the effect of preventing either the stakes being delivered up, or the pay- ment of the pets that are pending between the several adherents of the prize fighters. It will be recollected that the stakes for the fight amounted to ten thousand dollars—five thousand aside; andit 18 calculated that the bets may exceed one hundred thousand dollars, more or leas. We do not appre- hend, hewever, that the payment of the stakes can be prevented by the mere announcement made 1n the card. The etakes are held by parties whe, according to all accounts, consider that Hyer gained the victory; and, of course, if their convic- tions run in that direction, nothing can prevent the stakeholders from paying over the funds to Hyer. But a different result may take place with regard to the payment of the bets. The friends of Sulli- van, long before the fight came off, were so confi- dent of the the victory of their man over Hyer, that they bet most extravagantly, and in every quaiter— many of them to the whole extent ef their means. The decision againet them would, of course, if acquiesced 1p, reduce many of them to penniless pockets. From this circumstance, as well as from the ambiguity of the rules of the ring, and the con- flicting recollections of the spectators, they may be able to get up a plausible case, to the effect that there has been foul play in the fight; that some of the rounds were not fought according to the strict rules of the ring; and, therefore, that the decision of the referees in favor of Hyer, 1s invalid and con- trary to the established code of pugilism. Such 1s the position of matters at this moment ; and this position tends to exasperate the adherents of each, and to render their feelings extremely bitter towards each other. Mr. Hyer’s party is principally made up of aclass of society who wili not very readily submit to the terms, or the conse- quences, indicated in Sullivan’s card. Neither 18 it probable that the adherents of Sullivan, who are equally determined and powerful in numbers, as well as strength, will give up in their turn. We are prepared, therefore, unless the authorities of New York are very watchful, to see terrible riots breaking out between these two adverse factions during the next four weeks, in consequence of this position of matters. The aggregate of the bets pending amounts to one hundred thousand dollars. This circumstance gives an additional feeling of ferocity to the adherents ot the two fac- tions, But this 18 not all. Tom Hyer is consi- dered ‘‘ a Bowery boy,” is a native of New York, and is backed by what is called ‘the native party” and native interest. On the contrary, “ Yankee” Sullivan is said to be an Irishman, and is supported in his views by the Irish party, through all its cu- rious and interesting ramifications in the different wards of this city. Again, Tom Hyer has been always attached to the whig party; has been hi- therto one of its principal leaders in times of diffi- culty and disorder, when elections were pending: On the other hand, “Yankee” Sullivan is the movement about the protocol did not originate with the whigs, who appeared so ready to takeitup. A democratic member ef the Senate, by chance, obteined it from the Mexican Minister, Senor Rosas, aud carried | it to the Senator from Delaware, (Mr, Clayton,) who was then im his seat in the Senate, and there they examined it together, Mr. CLarton rose and observed that the protooo, was shown to him at the time referred to; but not ina rivate or cooret manner, as the sissippi would intimate it was me time ex bited to various other members of Congress, of both the political parties. The debate now became general, and owing to the cbaracter of the subject before them, was of more than | ordinary interest Several ators on each os preseed Ubeir views of the manner in which the col had beem made public, from which it dent that ite existence was generally kn respecting it. Mr. CLavron moved that the original treaty, ed by Nicholas P. Trist, E+q . negotiator, & amendmente of the United states Senate to be printed slong with the President's message. \ Mr. Braoaury, of Maine, rose, and was proceeding to discuss the whole subject of tae treaty, when Mr. Mancum, of North Carolina, culled him to order | for irre! ey. | Ti air decided that the Senator from Maine was in ozder. Mr Manaum appealed — the decision, but subse- juently withdrew 5 & f Fy dcolsion with regard to the | ‘Without coming message, &o., on motion, the Senate adjourned. House of Representatives. Wasuinatox, Feb. 10, 1849. ‘The journal of yesterday's proceedings having been read and approved, RELIRF TO DAVID MYERLER. ‘The House took up the bill from the Senate for the relief of David Myerlee. Aftera brief consideration) a motion was made to lay the bill upon the table. Up- on this question the yeas and nays were ordered and taken, with an affirmativeresult. Yeas 95, nays 71. BILLS FROM THR SENATE. Suudry bills from the Senate were taken up, and af- terreadingafirst and second time were appropriately referred. WASHINGTON AND ALEXANDRIA STEAMBOAT COMPANY, The bill granting a eharter tothe Washington and Alexandria Steamboat Company was taken up and discussed at some length. Mr. Jonxs, of T see, oppesed it in strong lan- guage He considered it # monopoly, and he was op- posed to all monepolies. Messre..CHarman and Evans, of Maryland, replied to the gentleman from Tennessee, and advocated the bill inan impressive manner. [t was nemore mono- pcly than a thousand schemes which reo 1d the sanction of Congress. it was both customary and proper to grant charters of this description. On motion the bill was now laid aside, no deeision having been arrived at. TERKITORIAL BILL AND MISCELLRNIOUS DISCUSSION, On motion, of Mr. Vinton, of Ohio, the House new went into Committee of the Whole on the state of the Union, Mr. Morehead, of Kentucky, Chairmen, and took up the bill making an appropriation for fortidiea- tion purposes. Mr. Hittianp, of Alabama, being entitled to the floor, rose and addressed 1 ommittee im an ableand very eloquent manner di especially upon the territo- rial question. He gave a history of the action of C: grees upon the subject, beginning with Mr Cl | Weetern at $6 8744 jured by s collision of trains om the Utica and Sche- neotady Railroad, in April lest, has reeovered the sum of $10,000 damages, at the Herkimer County Cirouit Court; pet TG ith ait o> cK U4 Sudden Mcath. Bartimone, Feb. 10, 1849. Mr. Thompson, a momber of the lower branch of the Virginia Legislature, died suddenly, on Thursday Our merchants are waiting the ste: ws. Seles of 1000 barrels of flour were made at $487{. There was net much grain offering, sad no change noticed in prices. Provision re ia moderate requvst at pre- vious rates. Nothing new in other artioles. Boston, Feb, 10, 1849, rally are awaiting the receipt of the momentarily expected. We no- flour, incladiag Seathorn and latter Ggure for straight ir enquiry, and the sales 59.8 600. Rye—Sales of 1000 brands Corn—There reached 16,000 busheli Musical. —The past week has not beena very favorable one for theatricals. The cold blustering weather, and various out of door excitements, have tended much to keep the theatre goers from their usual visits. At the Bowery the greatest hit of the week has been the drama of the“ Sergeant’s wife,” which has recollect to have heard The Bedouin thelr feats, though wond iL way, aod requiring vast strength and not so brilliant and imposing as many 0 difoult ¢f performance. They are, tive set of aocrebate, and created . Baring the coming week several novelties will be produced, and we expect to see the Bowery well crowded every evening. Broapwar Tuxatne.—There was another large at- tendance last evening at this popular theatre, to witn e performance of “Monte Cristo.” The succsssful run which it has already enjoyed, has called forth many criticisms, which were deserved. ly due, in relation to the admirable manner in which thie splendid production has been put upon the stage. Mr. Lester, as usual, last evening, was exc: lent in the part of Dantes; ‘and the desire even still continues unabated. Upon no forme: a sion on our public stage, has a similar production been received with so much of popular favor; and it still promises to draw good houtes. Its great popularity has secured to the theatre, so & consecutive re; sentation of forty. nights; and it promises to draw, by ite unprecedented interest and splendor, the most fashionable and delighted audiences. The grand feature of attraction in the piece is the Islaad of Monte Cristo, so besutifally represented. The arrival of the smugglers, and the various incidents oo ed with this splendid act, are much admired... Th will be continued during the coming week, after which it will be withdrawn, Nationa, Tueataa.— Rosina Meadows” bas been the feature of the week at this house, It isan inter- eating play, though the story is rather too fullofunmi- tigated rascality; still we do mot know but what it shows up, in their true colors, the courses pursued by certain classes of young scamps about the eity. There ought compromise bill—which bill he approved of, but the House had put aside. He advocated, 11 terms. his own bill for the establishment ot ment in California,and appealed to the Nor jap- t it, om the ground that it did net establish slavery In that territory. He eulogized the great qualities of New England, and claimed the honor of participa. Hen in th itisen and lover of the w! Union, Though he ardently loved the South, he loved the champion of democracy at Tammany Hall, and, on many occasions, has led their processions, ar- ranged their public meetings, and supported their pretensions in the conflicts which have generally taken place at contested elections. Thee circumstances have given additional edge and accumulated vindictiveness to the feud; while at tne satne time they have engendered a more extensive sympathy with the combatants and their respective adhorents. A new election 18 just ap- proaching, for the municipal government of this city. An attempt has been made to organise an independent party for this movement; but their efforts have been imbecile and ineffective. The two great parties of the country are now begina:ng te come into the field, and wlll, no doubt, take sides with the two factions, and thus superadd the acrimony of political feeling to all the other motives and stimulants) which have worked up the two factions to their present intense animosity. dt will be seen from this view of the controversy —from this mixture of personalities and politics, and trom the high and more comprehensive sympathy which has been excited—tnat much dangeristo be apprehended of a violent outbreak taking place between tne adherents of tne two pugilists before many weeks. The scenes which have already occurred at the head quarters of each party, give an inkling of what may be ex- pected. The refusal ot Sullivan’s party to pay their bets, under the sanction of his card, may bring en the crisis between the factions; and we shortly expect :o hear of some dreadful collision and not, if the magistrates and police authorities of New York do not make preparations to put such scenes down at a moment’s notice. P.S.—Since the above was written, Sullivan has issued another pronunctamento to his friends. It is published as an advertisement in this day’s paper. Poliee Entelligence. Charge of Stealing Sheep.—A man by the name of Alexander Berryman, was arrested sterday, on a warrant issued by Justice Lothrop, wherein he stands oharged with obtaining twenty live sheep in a felonious way from the possession of David K. Tripp in the following manner.—It appears that Mr. Tripp sold the twenty i to Berryman for $30, and received $5 on nt, but that the sheep were not to be delivered til the balance, $25 waspaid. However, in the ab- sence of Mr. Tripp, Berryman drove the sheep from the custody of Tripp, had them slaughtered, and then be het se are 4 Tripp meee Vaoteremcans ut out Property, made the com nt at the ofloe, and warrant was inued for the ure bein og on finding out thet 5 for him on the charge, went and paid up the balance $25, but this payment did not settle the case, as the magistrate held the accused to bailto answer the charge at court for trial. Before Justice Lothrop—Y lee Jbl en rn Pathe the fact of the major part oi fore the magis' agnt be- from the previous 'y dark complexion. One cf these rable prisoners wase slim little derkie, very black, whore business it is to sweep floors ; his name was Alexander Hutobison. This prisoner was charged by a fat little negro by the name of John Hi ¢ classic neighborhood of Points, with oattin, teke his head off, ki trate remarked, that he should 4 to put @ stop to this cut-throat system of carrying knives, as it appeared that Fes. 10.—Decisions—Daniel J. Taylor Cook —Motion to set aside report dented Eldridge Stilwell. gment tor plaintiff on the demure! @ second and sixth ples, with leave to the toamendon the payment of costs in notiee of the rale. appellant, ads. A. dered that the court below make a return of pre; ceodings and testimony, and that cause be submitted on the firstday im term after such return shall be r led. Eben ade. Clark et als.--Motion for now trial de- nied. Watkins vs. Haletead.—Jadgment reversed, with $10 ooste. hant ef al. ve. Smith.--Judgment for pistatias the shied with urFer to 0 platatif which defendents may within amend in 16 days, 10 days Spee ng withdraw their demarrer, and re- a. conte g Meyer ve, Baker that the Justice before upon the least provocation, » knife is imme- d to, and murders will be al Several other cases of loafers and drunkards were My pa of, and thus the morning’s business termi- Charge Dismissed —We noticed, a fow days ago, the Orrest of B. L. Sohmitt, ke: 545 Bowery, On the eaea being oven magietrat m the case ng in ated before the Mr. Schmitt proved to the Court that he was net Chased the tame; 20d Ue the were ee hae n the restoration of the property, wes coused {Schmitt who gave information to the offloers, 8 the F were arrested. Mr. So! Foaiy dice ; hmitt was homo- The tiem of Milwaukie, Wis,, 1 Die oar star sorvise of’ cdaavitn, be, et tao ne hag eee SiN orrmes ; 34 ee ge testimony, he. . f 8 Danes, ands Swedes, ine iad which the extensive soap a: Smith & Carlos was destroyed. The loss is, estimated at $50,000—partly insured. \d was determined to stand by the Union, His peroration was peculiarly beautiful, holding t: undivided attention of all the members. Mr Buown, of Mississippi, followe: some’ minutes upon the territorial question, dt ‘with the views hitherto expressed by Mr. freston, re- specting territorial rights, and them branched off into & defenee of the administration and its measures generally In the course,of his remarks, he was several times interrupted by Mr. Boyden, of North Carolina, to wt ose queries he gave satisfactory replies. Mr. Hunt, of New York, also catechized him with rerpect to the issues of the late presidential campaign, and particularly with respect to the number of votes cast for each candidate. Mr Baown, in reply. contended that the majority was against General Taylor. A running political debate, of s highly interesting, bette somewhat disorderly character, ensued, in whioh the measures of the two lea ling parties in yas of Generals Cass and Taylor, were pretty gen: ly canvarsed by Messrs. Hunt, Tarn id Bs Mr. Hunt pronounced thi partizan one { fi ning to and administration would be national and jast in all respects. Mr. Houston, of Al SS to make a: , to whioh alli sion had been made, waa, that Mr Poik was the Presi- dent of the democratic party. upon the particalar question of the war. and not that he was the President of the Demoeratio party, simply. The House lau, Lorin at the refined distinction, and so the m The bill was then read through, each section se) rately, and agreed to, when the mittee rose reported it to the House, which concurred in the pi sage of the same. A HOME DEPARTMENT, Mr. Waits, of New York, made an effort to intro- duce # bill providing for the establishment of a Home Department; but objections being raised, it was not introduced. On motion, the House then adjourned. Now York Legisiature. SENATE. Axaanr, Feb. 10, 1849, SLERE OF THE COURT oF aF A communication was received from the Clerk of the Court of Appeals, in answer tothe resolution adopted on Thursday last, requesting him to report whether he has paid into the State treasury, the sum of $34,000, as required by Jaw. The clerk says he does not think the law applicable to the famd in question; and acting upon advice of the Judges of the Court of als, he bas not paidinthe money. A lo aced debate followed, after which the communication was referred to a select committee. The Senate them adjourned. NAUTILUS INSURANCE A petition praying for of the Nautilus Insura: and referred. BROOKLYN CITY cM. he The House took up the bill amending the charter o the city of Brooklyn, NY. amendment of the eharter Company, was presented v SIOMT DRaPTs, ‘The bill respecting sight drafts, was, on motion, taken up, read a third time, and rejected. Mr. Suitm, of Queens county, moved to resonsider the vote ting the whieh, not bei reed te, was ie are” x de , OINTMENTS. rr Mr. Boucnros, ot Kings county, agreeably to previous notiee, introduced « bill for the appointment of a elerk for the surrogate office of said county. NEW YORK REGISTRY CLERK, a tg Oe A A gertreset Ma the resolution previously y him, requ the olerk of the city of New York, to report te the if fees received by him, and the hd Gonesee county, the RILL. A resolution was submitted, authorising the Gover- nor topresent a ly medal to Capt. Merzill. The resolution lies over. FIRE LIMIT IN NRW TORK, Ittee of the Wh hen took up the bill New York, aad 3A.M. The orew domed her, and he is now in charge of the underwriter’s agent. Firein Baltimores Battimonn, Feb. 10, 1840. A fire occurred in Hollidey street this morning, by candle factory of Messrs ine Mails. Bartimons, Feb. 10, 1849, No mail has beom received to-night beyond Peters- burg, Va, EEE te have been some comic underplot more than there is, by way of arelief to the broadcast wickedness of the principal obaracters. J. R Soott‘has been acting seve ral of his favorite parts during the week, such as“ Wal- lace,” William in ‘-Biack Eyed Susan,’ &: 1d by the excellent company, ‘was given to udiences. A ni “California Ho! to be produ to-morro' ing; it will be played witn very novel effec! very identical ship in which Mose embarks will x- Bibited om the stage, and all the troubles of raisin; the wind, getting outfit. &o , will be graphically acted, ‘We presume ; it will be racy affair, we doubt not, Burton's Tuzatne.—A very respectable audience attended this very attractive place of amusement last evening, to witness three of Mr. Burton’s ever attrao- tive pleces—“Vanity Fair,” “Counterfeit Present- ments,” and “Monto Christy.” These pieces were played with a degree of talent that only Mr. Burton can boast of ; Mr. Brougham, Mr. Johnston, Mr. Res, Mr. Raymond, Mies Chapman, Mrs. Knight, and in fact, ali the performers engaged at this theatre are good. These Pieces seem to have @ very long run, and well they may, as they will bear witness: ore than once. Several new pieces, we understand, are in preparation, and will be produced soon. Traian Orxea.—Tho first performance of “ La Favorite’ was given on Friday even! and the second last evening, at the Astor Place. It was, on both occasions, if not a failure, as near such @ catas- trophe as ever was witnessed by the dilletan:. No Preper scenery, no correct costume, for the era from abortion of an entertainment offered by Mr. Fry to those whe patronise his place. Many present had oft and again seen im Paris the great work of Donisoti a knew its musio as well as the A BC, and they o in declaring that they scarcely recognised “ La Favo- rita,” as sang by Dupres, Barhoillet, Mme. Stols and Levaseeur, in the Italian translation, as performed at the Astor Place Opera. There was but one Opinion on this matter in the lobbies, and many spectators left the theatre in disgust. If any body had read the bills he would have seen, two weeks im advance, that “La Favorite,” was to be performed with new scenery, new costumes, eto. There were neither the first nor the last, but the ansient stock of sceneries—a cemetery instead of @ oloister; a Roman jer, instead of a Moorish hall; a publie squere, instead of a conve t, eto. eto. Now for the costumes:— Che superaumerariss were dressed the seme as in “ Ernani,’’ (time of Phi- lippe the III.) whlist they ought to have been dressed as daring the time of Alphonso X(., tw ye thatepoch. The most carious display was tha‘ made by the appearance of By ttl, dressed as Prussian offi thers say miller —au white andgold. Thi forth muoh laughter, ior the musio, as we said before, the score is a very bad copy of the French original version, in which all the 5; ° did recitative, so pe been out down, or epolied, in such a way as to render it imporsible to recognise the original melody. The only things remaining are Grias, duos. aud pieces of en- semble, which are not thing of Mr. Fry to take away from MI of Norma, and to it to Mme. Li had been first gi the opera of La Mecersary traditions of the different nuances of ti Opera, as well as the remembrance of the style and intonation given te the masio of Donisetti by the ar- ba 5 public t such a rich combination of leeted for the gratification Seldom has Fe fg talent been se- of the patrons of the ofr. ore Sends, with 1 children, the lively ponies, the ad- parti rH May Fly, andallthe fan and hu- @ por- The ioe Il greater attractions, ubt it will be followed by success even greater nisty'’s Mivstaxis.—Exoitement or no excite- . fight or no fight, kes minetreis what's tend to their own They will give t! Tur New Oateans Si their concerts during usual will ing week, with their excellent programmes, something more, too, a8 we understand they are ig to bring out several novelti will asto: the folks, They are a great oe hilosophers. Donnavan’s Mexico. —This nd panorama is at- deal of atten At ta to is with it, '@ com- mani ite HIGHLY INTERESTING FROM CALIFORNIA. The Confirmation of our Mazatlan Accounts, The Shipment of Gold to the United States. dic, die. Sie. The Irwin arrived at New Orleans on the Slet ult., from Vera Cruz, with advices from the city of Mexico to the 13th ult. She brings accounts from California to the date of our special deepatch received from Mazatlaa, which was published in the Herald of Monday, the 29th ult, That came in the American, frum Vera Cruz, to New Orieans. Among {other accounts is a letter, mailed by Meesrs. Talbot, Oliphant, & Co., of this city, from Captain Spring, of the ship Huntress. Anuexed ia a synopsis of the letter:— Saw Faancisco, Cal fornia, Nov. 6. 1848, Leent you s duplicate of this by the storeship Li pegion. whioh ied for the United States, a sh time sinoe. I got the Huntress discharged by the 13th Oste- bers borers demand from five A seven dollars a d some want s dollar of vessels getting ore eome; those thet are willing to ship, Gold continues as abundan bas been t the and rain setting in. Many of the geld diggers are returniag from the mines, siok and exhausted, owing to their irregular modes of living. Some are drprived of the ordinary comforts of life, while they make use of their hard arnings for their pillows, done up in dirty rage of rom one to ten pounds in each. Some dieia this way ; two died yester dey If | should live to get heme »gain.ti will give you am tof the troubie and vexation I have had with y sailors and soldiers: was closings sale of kis vessel at some $40,000 im gold Guat, at $16, to be shipped immediately, According to this, the latest date from San Fran- cisco is the 6th of November. Our last letter from Monterey was of the 16th of that month. The Lexington will bring $200,000 or $300,009, and perhaps more, of the gold dust. She has new been over three months at sea. It will be seen that these accounts confirm those published exclusively 1n the Herald of the 29th ult. The New Orleans papers of the Ist inst. give the following additional intelligence:— The only paragraph bearing upon our posses- sions on the West Coast or Ameriea, relates to the arrival of the United States ship ot the line Ohio, Commodore Jones, at Monterey, having on b vard 350 Mexican emigrants. Several launches had are rived at San Francisco from Moaterey, filled with onan, all bound to the gola m , The weather has been very cold ice having formed of the thickness of a quarter o aninch. Large quantities of geld had been-disco- vered in the mem sorhood of the Norta Fork, one man having gathered $12,000 worth in six days, and three others have obtained, ina single duy, thirty-s:'x pounds ot pure metal. The New Orleans Picayune, gives the following intelligence: We have by way of Mexico a copy of the Cali- fornian, of October 21st--later than any paper fron San Francisco we have seen, but containing little news. We clip a iew items, as follows: “Improvements, 1n the shape of building, are rapidly going on in our city. Among the rest, Messrs. De Witt & Harrison’s new building, which was framed in the States, 18 going up on Samson street, opposite the Government Reserve. “The U. 8. ship of the line, Ohio, Com. T. ap Catesby Jones, and U. S. ships Southampton and Lexington, arrived at Monterey, on the 12th i bringing 350 Mexican refugees. We understand thege vessela may be all expected here in the course of the coming week. Their presence will enliven our community to no inconeiderable extent. Lieut. Col. Burton has arrived at Monterey in the Ohio.” Our Monterey correspondent informs us that the U. S. storeship Lexington will leave this port tor New York between the Ist and 10th of November. She will touch at Valparaiso and Rio de Janeiro, and, should the interests of commerce require it, at the Sandwich Islands. The Lexington will take gold and silver bullion (placer) to either ot the above mentioned ports, and deliver it to the agent or consignee at the following rates of freight :—T. Honolulu and Valparaiso, on gold and silver, o1 per centum; to Rio and New York, on gold, one ano a half per centum—on silver, two and a haif per centum. The insurance on gold and silver, on board aman of wa: sually below one per cent, The Lexington is a fast sailer, aed will undoubte edly make ashort passage. rumor is extant here, that a merchant bark, bound from Valparaiso to this port, has been seiz by the crew, and the captain and officers put to death. Also, that an armed vessel has been de- spatched from Cullao in her pursuit. We cannot veuch for the truth of this story, though it comes to usin a very plausible shape. From a long article upon the civil organization erties territory of California we extract the fol- jowing:— That we are without any established form of civil government is readily admitted; but that “the Colonel of the Ist Dragoous,” as commanding officer of the U. 8. forces in this territory, has the power to establish and continue a temporary civil government here, by the appointment of a gover- nor and council, in whom shail reside the power of framing such laws and adopting such measures as the present state of the territory imperativel; demands. Now that Com. Jones has arrive upon eur coast, Col. Mason 18 of course second im authority; and with the commodore, as comman- der of the Pacific squadron, lies the power of im- mediately establishing a government here. Should neither of these officers, however, feel inclined to aesume the responsibility requt.ed, we believe it will be not only proper but highly necessary that the people of this territory should, as a measure ot self detence, immediately take the necevsary steps in the matter, after the example ot our sister at the North, and establish—-not a young republic, but—a moderate system of a free government, which eball ultimately and almost insensibly+ become a portion of that which Congress shall vouchsafe to give us, whenever the opposing parties have wor- tied each other down to a compromuse. A rumor has reached us that Commodore Jones and Colonel Mason have had a conversation upom this all-important subject, from which we are eager to announce that sa'utary measures will imme diately be entered into, which will ensure the safety of life and property, in accoruance with the laws of the United States. Then shall California, with her great resources, her fertility of soil; the salubrity of her climate, and, above all, her ex'ra- ordinary mineral resources, become the gardea spot of the world—the place above all others mest to be desired as a residence, where and Prosperity shull spread the ir fostering influen The following is a letter, from Parser Buchanan, of the Spy Pa on beatd the U.S ship Dale, Nov. 22, 1848, from which we make the following extracts:— — ‘We will sail to-morrow for San Blas to receive $100,000 for the army, and then will sail fer the Sandwich Islands. We remain at Hilo and Ho- nolulu a short time, and return to San Francisco and Upper Californta early in February. We leave about the 20th of Froruary tor Valparaiso and Rio, and hope to reach the United States on or before Aug. 15 When we sailed from Monterey, on the 8d of lovember, it was said there were about tour thou- sand persons washing, digging, and collecting gold dust. At the mines, ‘jabor is from ten to fitteen dollars per day; board ten dollars per day, with the privilege of sleeping under atree. A pair ot blankets is worth $80; a pea jacket $150. Tea is worth $5 per poun everything in ltke pro- rion. P Captain Halleck, of the engineer corps, who has been there, says there is no tale in the Arabian Nighte half so romantic and golden as these mines, or placers, as they are called. Aa extent of over three hundred miles, by thirty to fifty broad, has been explored, and due west from Montere ) a8 far south as the City of Angels, an extent of two hundred miles, yet unexplored, contains gold. Numerous vessels from here have go: loaded with goods, money, and gy ‘and people from all parts of the world are flocking there in @reatnumbers. There have been many leaths, as tnagy are obiiged to stand in the waters over their knees, wi h an intense sun on their heads, ana Jaid up with fevers. st that xington will sail forthe United States about the first of December, with about $100,000in gold. She teceived at Monterey $50,008 in gold. ¢ expect to receive a large freight. 1 Ohio, line of battle ship, and Southampton, storeship, sailed from Monterey tor San Francisco, on or about the 6th ult. The St. Mary’s had mot of the Ist instant, next. He will no doubt have « first house to match. Herr Alexander is at New Orleans, Mr. Q. L. Hattae, the vaoalist, was thrown from ih, im Bostem, om Wed: h y tayo.’ nesday afternoon, and Mr. Booth his Pro closed his engagement at Mobile on the Movemonts of Individuals, Gen. Un aes Orleans, om the let inst., om board the U.S, steamer Now Orleans, for Port Zavacca, Col. Ward B. Burnett, of New York,(o be Saperin- tondent of the Dry Dook to be erected’ ot Philedeiphic: arrived when we sailed, although she sail the United States April 18, and was at Rio we FROM CALIFORNIA BY THE ARKANSAS ROUTE. {From the Washington Union, feb. 9 v7 We received the following letter by Thareday nights western mail. The envelope bears dad “Lowsville, Feb. 4.” The enclosed letter 1s address: edto * Tr sagton. Union,” (voliteness of Mr. Stock well.) @ give the writer’s name, with the simple remark that “the name of H. Patrick could not be found im the Adjutant General's office on any roll of the troops in California, 60 far as