The New York Herald Newspaper, October 29, 1849, Page 1

NO. 5623. MORNING EDITION----MONDAY, OCTOBER 29, 1849. ‘Kentucky Constitutional Ce tion. OUR ¥RAMKFORT CORKESPONDELE. © Franxrort, Oct 19, 1849. ‘The Slavery Question—Points wn thi Discussion —Gems of the Debate—Staling Cases— The Weather, §c. ‘Wher last 1 wrote you, I believe I romised you fome notice of the interesting, any in many re- spects, peculiar discussion that has ocurred in the convention on the slavery question,embracing in ats range every possible phase and orm in which that question can possibiy be preseted. Indeed, Iwas not aware that it could be mde to assume so Protean an aspect. But it haseen said that the Kentuckians are an ingenious peple, and this, — is to be takeg as another eidence of that t. The discussion, without being chracterized by ‘any very great ability, was attractie from the pe- oulianty of the sentiments avowe. I could not help wishing, occasionally, for thereseace in the galleries of some of the fanatic abationists of the East, if for nothing else than te sake of the amusement wich the expressios of their indig- nation, wonder, and astonishmet, would have afforded. I shall not attempt to gre you any con- nected summary of the debate, ut will merely ive vou such an analysis of the aguments as will sufficient to develope the yominent points made. het me premise by saying thé there has been exhubited throughout the fact tht the most ultra pro-slavery sentiment is adopted is the convention. And, as the slavery question—enancipation or no emancipation—was the great, tle absorbing issue inthe election of the delegates, 30 much so, a3 to obliterate, in many instances, he old party land- marks, and to result in the reurn of democrats from strong, undoubted, and hereofore unswerving whig counties, it 1s, no donbt,true that the dele- gates fairly and fully represent what may be con- sidered the matured public setiment of the people of the State on this important ques- tion. Those, therefore, whctheria or out of Ken- tucky, who have looked forwar to the results of the action of the conveutien asin any way con. ducive to the abolition of slavry in the State, will be most utterly disappoined. Not a single man inthe convention has as yt avowed himself an favor of any plan of emancipaion. ‘The general tenor of ihe argunents have been, that slavery, as it exists ia Kertucky, is the best possible condition in which the jlave can be placed, and that it 1s a blessing alike tothe white aud the black man—that the condition of the tree negro, from the fact that he can never obtain any social or political position, and is, therere, deprived of all the stimulus to good couduct hat ambition offers, 18 infinitely worse than tat of the slave, while bis pronenees to tice and crime 1s such as to render it a burhen and an incon- venience to the whites, ihat he should be allewed to remain in the Sate. ‘The same con- siderations of humanity to ihe slave and regard for the master, also require, that these numbers should never be allowed to increase. Therefore, emancipation could never be practicable, or sup- portable, unless provision was also made at the same time, for the removal from the State of the slaves to be emancipated. it was held that slavery exalted and ennobled the character of the white man, and preserved an equality 1 the social system, so far as the white race was concerned, totally un- known in the free States. In the one, there were but two classes—the white and the black man; while in the North there were hae distinctions, resulting in the degradation of the white laborer to & position even below thatof the slave. Where slavery existed, the people were characterized by generous, hospitable, and chivalrous sentiments, to a far greater extent than where it did not exist. It eveloped to a far greater extent, the intellect and ability of the people, as the history of this Union exhibited, in the preponderance of di ished men from the South, who had directed e councils of the republic. It was h also, that emancipation would have a tendency to sever all the arsecistions of Kentucky with her old and fast and tied friends, the other slave States of the Unien, and to connect her with these who have ever warred upon her, and are foreiga to her institutions and associations. It would also tend to over-populate the couatry, by the influx of emigrants who would then pour into the State, and thus fead to the reduction of the value of white labor. And fioaily, that it would be a seizure of the private property of the citizen, which no public use could possibly demand, that would be indirect contravention of the clause of the constitution of the United States declaring that the obligations of contract should not be impaired. mi On the question of the further importation of slaves, there was considerable diversity of opinion, By one party it was held that the natural increase of the slaves in the South was as rapid as was profi- and that to increase number be to decrease their value, and, also, that as good slaves would bring a higher price in the cotton and sugar States, | that those brought to Kentucky would be of the worst class, who, by their interecurse with those already in the State, would render them vicious and ungovernable. On the other side, it was urged that there should be no monopoly in this deserip- tion of property, but that every one who desired a slave for his own use should have the privilege of purchasing it where he might deem proper. To restrict that privilege, would be to create a mono- poly and a slaveocracy inthe State, that ought never to be permitted. f 7 ‘These were the mart’ arguments and points in the discussion; and as the subject is an interesting one, you will aliow me to illustrate them by such Guotations from the speeches as bear directly on those points and arguments. They will be found to advance opinions in many ances alike novel and ingenious, and will serve to exhibit, better than anything else, the peeuliar ideas entertained im the Ste on the subject. You may style these extracts, if you please, OF THE DERATE. m I. Slavery as an abstract question, and as it exi: m Kentucky. Mr. Dix “TL would, if] bad the power, make all no such thing rights jortitutions for the look a¢ the condition of things as the jaws to the eonditte it 1 it but that it ts marked before, that it woul on the face of the earth, ia Kewtacky— . ng alike to the and ihe white man, that he is @ slave’ _ IL. The position of Keatucky on the slavery ques- tion, Mr. @iorKe:— “The broad Ohio, rolling its wares from almost the southern extremity «f the stale co ite eastern bordes, separstes Kentucky from the frew States, and her mem- bers of Corgress, and the member of Congress from every slave State in the Union tit hat wh natural barrier, the line of separath slave and the frre States was struck down, there was danger ‘They felt that there was scarcely a slave Stace in the Union that would not g» by the board ia les than twenty years, if Kewtacky abandoned her oid friends who bad stood by her jn every emergenoy, and allied herself to there why hed warred on her instita- tions from the beginning of the abolition agitation to the present day.” itl, Slavery in a scriptural point of view. Me the great the bet Tatnot:— © Tetand pledged before the honge to prove that sla- bas existed in every age of the world since the it is justified aud approved by the serip- on.” very flood a tures them ee i IV, A distinction in a scriptural point of view. Mr. Tyawen :— “ Leaid that the band ef Deity was causing ae in Virginia. and io viiewourt: that ny ulation, aud that everything we could 0 would not be able to prevent this But that the Deity wae Inet the whole institution | never mated or ini dtointinare Gut there is one not as well | ipteoded to Hog wee oe ah gan ; in the gorpel a# | ought to be, and me Jess, as some omen here, | do not anderst: gonpel ax justify ing this institution as ft stands, and I never will advooa:e what | do not be- L believe that the gospel applies tos state of that does not exist at present. | believe im }— A \ goat the things that The mission to Cmaar the apostios and patriarchs of old was of « | the | stance cf real want present itself under the benevolet | they Lock upon it a# a bigh personal privilege, and will spiritual character; it related to things of another world. They did not come here to interfere with the things of Tiberius or +f Casar. They came not to i terfere with temporal prosperity, and it does not a) pear to that auy argument, in justification of tl ‘netitution of slavery, as it now exists, is to be foundin the racred writings © : s V. Slavery a blessing or an evil. Mr. Butirr:— “1 am prepared to maintain that slavery is neither a moral nor a social evil, but @ positive advant to the white neprlain. and no injury to the black.” _ VI. A reason for opposing a restriction on the right of importing slaves :— “ Sir, lam a pro-slavery man—I am not willing to eld 8 ri eh to the emancipation party, in any form what and I ni intend to vote for the in- corporation of the spirit or principie of the act of 1833 (probibiting the importation of into thi into the new constitution, for the yn that the party call it an entering wedge, to rid this country of what they call « great moral and political evil.’” Vil. How aman may object to too much of a good thing, even if his position is somewhat con- tradictory. Mr. Turner, again :— ‘am & pro-slavery man, but | think we have got enough of it. It is said we may have too much of a good thing 1 admit that the slaves we have now are neficial to us, and it is desirable to improve them, not to contaminate them by mixing them up with oes and rascals.” y ’il1., Another reason why the slave importation should be prohibited. Mr. Roor :— “| maintain that the repeal of the law of 1833 will bring an influx of slaves here, and make the State the Union, to the disgrace of the r ons of old Kentucky, whose ood has been spilled upon a hundred battle fields in defer ce of the rights of man. IX. Servitude in the North and the South. The Pxesivent : “ Servitude, in one form or another, hi jety from the earliest light that history gives d from the condition of society, and the light the history of the part is calculated to shed on the future, it will exist imall time to come. We are served in eer- tain capacities and conditions by our slaves. The good people of Massachusetts are served by white people in the same menial offices that we are served by our slaves. 4 ® _X. After showing that, with the same pepele- tion, Massachusetts has 25,000 paupera, while Ken- tucky has only about 3,000, the Presipenr draws the following inference :— “ | believe tbat white labor, as it increases, becomes cheaper than slave labor, and I believe the ewploys but the best, and leaves the most charity—the cold han Massachusetts, with dot serve, has @ greater mass of human misery, degradation, and crime than we have in Kentucky, or ever can bave. under the existing order of things.” XL The effects of emancipation, and the con- dion of free negroes. ‘The Paesipgnt :— “ Are they, then, to be free among us? | hav my mind that these two races of people never caa mingle and beeome one Free them, and they become the Leczarom of the St ‘They will crowd to the citics— they will visit the country only on maranding parties and they will become idle, vicious, and un- governable. Look at those portions of Philadelphia and New \ ork, aud other eastern cities, where the free negroes congregate. Look at the records of their courts of criminal justice. and you will find that the are embraced as idie, vicious, and ungovernable ; aad, in the snpals of crime, a per cent. over that of the white race, of more than @ hundred in crime. You may, once in a while, find an exception of ons who is industrious—who accumulates property—but he never becomes an American. He is not ove of the people, and can never aspire to an equality in oar social relations.” | XIL. Provision for the future. DENT :— “Tam not one of those this coustitution for th cognise the principle th: ferm their own government, and to chang modify it, as they may deem the interests of socivty to require; and whenever those who us sball desire so to do, [| shall rest content that the: in their judg all do what they deem right upon this and upon all other subjects Therefore, | do not expect, in this constitution, to make slavery per- Petual, and beyond the reach of those who shail come ter us.” XIL. The condition of the slave. Mr. Dixon:— “Here be has house and raiment, here he has no wants that are uot supplied. Sir, be [x a hoppy man, infiuitely better off than the miserabl: retched vega: bonds, the pauper population of other States aud coun- tries whom you call free.” y j Referring to the scenes of misery witnessed among the poor of the tree States, Mr. Dixon de- claime:— “ Are such scenes witnessed in Kentucky? Whore is the pauper who dees not meet with the sympathies of | those arcund him? Where is the man, who & with want, who is not relie Rarely does an | By the Paxsi- of our government. Sueh cases do not exist.’ : A view ot the Kentueky people. Mr. Dixon:— © We are the happivst people on the face of the varth, and we are the proudest people oa the face of the earth. I will pot say that we are the most chivalrous people, but | will say, that i» this respect we are not surpassed.” AV. A question—if ut be true that slavery is a curse? Mr. Nurrau. “And here, where we have more slaves thanin any other part of Kentueky, by ten to one, if itis such a curse, bow does it happen that, under that curse, wu der that biighting curse, which blasts and pollute: thing that it touches, we have the mort eu the richest, and the most oultivated peel Almighty’s earth? On the o traveller sees the wheat-ficlds, in harvest t ing under the weight of their heavy yield; and other, the green pastures with their thousands of oat. And all this right in the midst of t) rie of . A reason why Mr. Tatriert is a pro-slave- of an that they area ng & moral blessing —w a religious Bleesing or not | do not exactly know and, therefore, do not intend to give an opinion on the subject. I believe re- | Ligion bas little to do with the question.” | AVIL How slavery improves the population, and | keeps up the standard Mr. Bunurrr:— « Do we not know that slaves keep out an oxcersive population ‘They keep it out in this way country, the low and worthless cannot find emplo: hone foreigners or abolitionists from t North, who are so worthless aud degraded that they ould be willing to black my shoes, or to wait on me, not find employment here T 0 to the free States, while only those who mong us find ment to and of charnoter, , finds it better for | re than go to the free States.” \ The results to be opprehended from ex- | cessive population, as depicted by the sume gentie- man: “When we become two hundred millions of people, when the Northern § when this vart body, this living mass, Uh Europe, arrives here, they will not om lican governments but destroy itself XIX. Origin of the title to Slavery property, as d by the celebrated Ben Hanvin: it asked by what right they held negroes in They were booght as 4 from the | beginning at | souch to the from thore them. The ny ae it exists upon whieh we hold them. in slavery if it grew authorized up by « by the laws lave merch wt im Attics. and brought them here XX. Characteristics of a slave holding population, and particularly that of Kentacky, as described by the same gentieman:— I would uct give up the siavebolding people of Ken- | tucky for any people on earth. | reeclieet when a boy | of reading ir Burke's and Lord North's arguments in the Britich Parliament, in reference to the course to be purtued towards the American colonies—and when Lord North, in recapitulating the means and powers of the govermment, nally went into # compari- fon between the Britieh soldier and the American, and said that one of the former could whip tem of the lat- ter. ten & buodted. a hundred « thousand, and a thoa- sand a bundted thousand, nod denoanced us as siave- holders, I never can forget the answer:— Where no slavery i tolerated, there the people look upon liberty as a political right but where siavery is tolerated, there die before they give it up Aw if the whole of © believe t brings 1m @ people ia their stead ve We should f Rurope. and all able beings of puiation to we wetting of # Kentuckian f XML ie sition of the poor white man at the South, Mr. Mrrometn = “ No matter how bumbte his condition. the freeman of the Sourb feels wir MAD. without @ cross — thy nt Only & politi- cal right. but a personal distinction. There are, in the slave States, but two great divisions—white aud black | vernment; | can oceur. | chasing them, at the exorbitant pri The biack Is the degraded class, the white the honored And when it ts said that elavery is calculated to pro- duce aristocracy, there is more truth in the remark than persons generally allow. But it tosreehi ~ aristocracy ot the pb teal alg ” XXII. What the South has done—by the same gentleman :— “Has not the South acquired for itself a eharacter for frankness, generosity, high-toned honor and chi- valry, which is uokuown to the North! Look a little er. Review the hie of our government, from its firet foundation down to the present time. It exhi- bits a series of brilliant triumphs achieved by the Soath, illustrating superiority of morel force ever mere nume- rical strength, The veice of its eloquence has pre- dominated in the council chamber. She has displayed her courage and patrictic devotion on every battle- field, and throughout the broad expanse of our coun- try. Her energy and ber wisdom bave been mainly in- stromental in achieving the successtul progress of thore institutions which were originally moulded by her ge- nins and ber patriotism.”? XXIIL. The position of the working man in the North—by the same gentleman :— “Look at Massachusetts, that great State which boasts of dense population, and of her enormons @ absolutely excluded from the * Henoe the difference between the mecbantes of the South and those of the North, and the independence growing out of their position and out of the operation of this institution of slavery. It is this which has el ed them. intrinsic difference betwe: aris- those of the North. Hu nature has been the in all ages. in their condition mu referred to the circumstances by which they are sur- rounded.”” Ihave given you what may seem a somewhat copious selection of these extracts, as the best mode of indicating the precise sentiments now en- tertained on the questions referred to in Kentucky. And in that point of view, I doubt not they will be interesting to the Northern reeder. The question has not yet eome to a vote, and the further consideration of it is postponed for the pre- sent, or until the disposition of the article on the judiciary, which is now under discussion. ‘The monotony of lite in this little capital has been mitigated recently by one or two rencontres, or stabbing cases. There was an aflray the other evening at the Weisiger House, growing out of some ill-feeling in regard te a lady, in which a son of the Hon. Thos. H. Benton stabbed a Mr. Lyons of Louisville. The wound was not dangerous, however. The next evening, the clerk ot the same hotel was stabbed at by a young man of the town, but with, happily, no serious result. ‘The weather still continues pleasant, as much so as is generally the case in New York State in Sep- tember. 1 would add more, but the length of the present communication admonishes me to forbear. Sion. Our French Correspondence, Panis, Oct. UM, 1819. The French Dificuliy—Messrs. Rives and Barrin- ger Guests at Maurwe’s—The Court of Justice at Versailles—Ambassadors on Board the Wash- Making a Tail at the Assembly—Buy- ‘kets of Entry. Since nuy last, we have had a week of most disa- greeable weather, rainy and raw. The news from America brought by last week’s steamer, relating to the difficulty with the French minister, quite unsettled the minds of many residents here; but the general opinion is, both among the French and those of our country, that a war cannot grow out of it. The French journals have said but litle about it, and what they have said is quite peace- able. La Patrie, one of the leading Paris papera, alter discussing the affair, say: We do not be- lieve that the opinion of the United States is favor- able to a war with France. Without speaking of the peace ideas which have made great progress in that country, there are (oo many iaterests engaged | between the United States and France, that a rup- | ture could take place between the twe nations. * | * * * * * On our side, let us be warned! We know that the statesmen of America do net distinguish themselves by an over refinement of languoge. We know that the polished manners of | old Europe have not yet passed over to the other side of the ocean. Let us evade, then, occasions of dispute with these allies, who are but slightly formal, and, above all, do not let us send them diplomatisis who have made their education in America.” M. Bois Le Comte has been named as Minister to the United States, but as his nomina- tion was made betore the receipt of the news claring M. Poussin to be expelled, it is more than robable that another (more capable) will be sent | n his place, to mend the matter. Mr. Rives has not yet been presented to the go- t ws now difficult to say, as things are, whether he will be received or not. i Mr. Barringer, our Minister to Spain, us etill in | Paris, at the Hotel Maurice. He looks well, and | as if prepared for a comfortable diplormutic course. The steamer Washiogton will be well freighted with diplomacy and dry goods. 1 am told that no less than five government ministers go out in her. It there showld happen to be as many ministers of the church on board, there certainly will be no difficulty in administering to the wants of the other passengers. = The recent so;ourn of Presideat Louis Napoleon at St. Cloud, has been marked by many charitable acts to the poor in the neighborhood of the cha teau, Before his return to Paris, he placed in the | hends of the Mayor of St. Cloud the sum of 2,000 france, to be distributed among the indigent of that commune. The recent bad weather has retarded the con- valescence of M. de Valloux; irritation of the la- ryox and chest has returned. Notwithstanding | his great desire to take part in the debates oa the Remon affair, his physicians torbid him to mount the tribune. ae tas The High Court of Justice is now sitting at Ver- | Nes, and the trial of the June insurgées is now before it. The greatest precautions have been taken by the government, so that no disturbance ‘The garrison there has been greatly | increased, and the roilroads and ali the avenues leading thence are closely watched night and day, by a most vigilant police. The judges in thie court are dressed in a deep red robe; probably this ® eral is to impress the prisoners of their bloody intea- | tions. The clerks are indeep black. This trial is | looked upon by the French as highly imterestiag, as its course will ina great measure develope the present polities of the country. " It is said that to-day the Roman affair is to be discussed in the Assembly. The difli- | culty, however, of finding out ‘anything that is to be done in thie closely kept establish- ment, is great. It is by the greatest favor that one can procure a brilet d'entrée. There are only thirty places which are to be had without | tickets; and to have one ot these, it is necessary to Wait some two or three hours in the street; as the | Frenchmen say, faire quene ; this is ang Me agree- | able. It is true, ckets can alway be had by pur- of a dollar This, however, | or two, of eome of the attendants. 1s too high ** to pay.” x | This has been a. week void of everything like | interest in the capital, no news having turned up. The weather has been so bad that the fash have kept dark; those most in_vogue are ambreltla elegs, und Mackintosh The stock mark firm; Fives left off yesterday at 87 75, Threes at 56 55. { cannot give you to-day’s quotations Gorn Pen. P. S.—My letter is unusually short this time, owing to having been promised some interesting Tmetter by a stenographer of the emoly, whieh hus proved of no interest at all, #0 have not penned | it. You will please excuse the brevity. The ste- nographer of the Aseembly is engaged to write out debates in heads for Gold Pen. Naval Intelligence. Purrer John Deliree has b ered to the Gosport Navy Yard from the of Purrer D. McC, ¥. Thornto Wiliam Speid seme date in carriage and blockmaker at th Portsmouth (Va,) Pilot, Oct 26 ‘The U S frigate Raritan, (44) Commodore Parker, | was epcken on the 16th instant, forty miles from the | Belize. cruising. ail well The U §, frigate John Ad ere at Kio on the 12th alt, were reperted to be all weil We understand that Purser John De Bree is ordered to the Gosport Navy Yard from the let of November, in place of Porser D Met. F. Thornton, relieved ; and Purver Wm Speiden to the U 8 ehip Pennayivania, at the same date, in piace of Purser John D. Gibson, rex lieved, A Board consisting of Commanders T Aloysius Dervin and R. B Canningham. xed S T Heart, Haq. Naval Constructor, wae organized yesterday at the Navy Vard, under orders from the Secretary of the Na- Gosport Navy Yard nd corvette St Lonis, | he crews of both vessels | | di vy to enquire into charges of incompetenoy, preferred againet Col Merrit, Moora, Master gan-carri and block maker at the Gosport Navy Yard. — Norfolk Beacon, Oct . Griffin who was arrested, im the mail at Rocbester, N. ¥ examination, has bern indicted on two counts, by the grand jury of the © 8 District Court now in sesion in A 7. Interesting Indian Intelltgenee, GREAT FIGHT WITH THK APACHES, [From the New Orleans Picyune, Oct. 20.) Tt will be recollected by our readers that, the Mexican State of Durango, which has been from time immemorial a prey to the savage incursions ot the Apache Indians, who have ruined their agnic ture, and almost dissolved the bonds of civilized society among the poor Mexicans residing at spots distant from the large towns, decided a few months ago to invite adventurers from the United States, to form guerrilla bands, in order to make war on their mere iless foes. For this purpose, the legisla- ture apprepriated a certain amount of head money $200, for each Indian taken, dead or alive. Several companies were soon formed, and some terrible encounters have taken place between the Ameri- cans and the Indians, in allof which the latter have been worsted, losing # great number ef their chief warriors, Killed or made prisoners. The Mexican papers at the capital at first denounced this system of mercenary warfare, and we believe that the Congress passed a strong resolution con- | demnatory of the conduct of the Durango Legisla- ture, and also that of Sonora, which had imitated the former. Our last advices, however, from Mexi- co, received yesterday, state that public feeling in that city had changed on this subject, and the Siglo, | one of the most influential of the metropolitan prints, declares that there is no other way of getting rid of the scourge. Among the American companies that have dis- tinguished themselves in this warfare, that com- manded by a Capt. Box, in the service of the State | of Durango, is in the first rank. This body had a terrific encounter with a band of Apaches oa the 3d of September, and although but 30 against between 200 and 800, they came off Vietorious. ‘The Mexi- cans are quite enchanted with their deeds, and the Siglo of the 2lst ult, devotes a considerable space to a narrative of their exploits. We translate from that paper the following _ Stare ov Durango, Sept. 6, 1319. For the information of the mbhabitants of the State, we publish an extra containing the following letter received by express from Santiago Papas- | quirro, giving an account ef the fight which took place at daylight on the 3d instant, between the savages and the valiant guerrilla compa Americanos sent in pursuit of them by the supreme government. We congratulate our fellow-citizens on the victory gained over the ferocious enemy, and we trust that it will reauimate our people, and con- vince them that the Indians are not mvulaerable, since less than thirty men have put to flight more than two hundred of them, after stretchiag up- wards of twenty dead on the field. To the Secretary of the Supreme Government of Durango: American Gurrritia Company or Cart. Box, 4 SANTIAGO, Sept 3, 1849. Sir:—Last night [ overtook the enemy among the ruins of the ranche of Taleveras, distunt one league from Papusquiaro. At four o'clock this morsing the battle commenced, when the positions and entrenchments of the Indians were carried by assault. ‘They fled, leaving five killed and tea risoners, whom I handed over to the Alculde of -apasquiaro. The Indians shortly afterwards re- covered trom their surprise, and fiuding how small our number was, and their own overwhelming supertority, they returned and made a furious at- tack on us—five Mexicans on horseback, and the Americans who were entrenched within the tranche, Being repulsed, they dashed off toward the spot where the Americans had lefi their horses, which necessitated a retreat by the latterto detend their cattle. As the Americans were on foot, I, with my four men on horseback, kept the enemy in eaeck, until they reached the spot where their horses stood. Here the encounter was tremendous, and the firing Was without intermission on both sides. Mr. Tho- mas Cloaland [Cleaveland, perhaps] was the first that fell, atter he bad killed two Indians. He was captured alive, having been suddenly seized by the enemy, who immediately cut off his head. The Indians, finding their loss so severe by the preci+ sion with which the Americans delivered their fire, at length retreated, and again took up their poei- tion at the ranche, which had been abandoned by the latter, when they hastened to the defence of their cate. ‘The company returned to the charge with admirable courage, and again stormed the entrenchment, driving eut the Indians with a heavy loss. ‘The latter then made another attempt at the cattle, but the Americans pursued them, and alter alf an hour’s combat put them to flight. The In- diansreturned to their entrencliments at the ran che, when the fire having ceased, they collected their dead and weunded, which lay exposed on the eld. ‘The fight lasted three hours, and fifteen hundred rounds of ammunition were expended by the com- pany, From twenty to twenty-five Indians we: illed, and ten were made prisoners. The Ame: fe fatigued with their continued e. unable to follow up their victory. The dians was about 200, according te pearances, although one of the prisoners stated there were 300 in all. 7! hole number of Americans and Mexicans engaged was only twen- ty-nine. The loss on the part of this little band was ove killed and eight wounded. Throvgt the great disparity in the numbers of the combatants, there was no possibility ef capture ing wny of the cattle thataccompanied the Indian: (Signed) Luis Tostape. THR LATR COUNCIL WITH THR CAMANCHES, (From the Pioayune, Vet. 19.) Camp near PaevenicKsnure, Texas, September 22, 1849. Mason: I have the honor to report that I have to-day had a visit from two Camanche chiefs, Pro- pro-whop, or Buffalo Hump, and Key-tum-see, who are direct from the comp on the Clear Fork of the Brazos, for the purpose of communicating the re- sult of a compel lately held by the whole Camanche nation, to elect a successor to Mo-pir-cho-eo, late head chief, he having died since our last intelli- gence from the camp on the Brazos. The election resulted in the choice of Buffalo Hump, who, m assuming the dignity, called vpon all the chiefs and warriors to speak their ninds freely with regard to their relations with the Whites. The council lasted tea days, when it was finally determined that they would be great fools to war with the United States. They had been to war with ‘Texas when Texas was weak, and they had gamed nothing by it; end that now Texas was joined to the United States, a war would lead te the destruction of their nation Buflalo Hump eays that, although he may not be able to stop at once small parties, he is determined to preserve peace, and he hopes that these small parties will not be considered by the whites as a coure of war. He sleo wishes me to say, that in the event of a council, it 1# the wish of the lodians that it be held at the Llano or at this place 1 have the honor to be, with the highest respect, your ebedient servant, WILtiaM Siete, Brevet, Com’g at Fredericksburg. » Ase’t Ady’t Gen. CIRCULAR Hraquanrens St DerartMent, San Ante ot. 28, 1840. It is the desire of the Gen Jing to re te fully the friendly disposit cipro maniteste by the Camanches, as set forth in the communica. tion from the eormmanding officer at Fredericks burg, dated 22d instant. herewith published for the mtormation of all concerned. At the san time, it 19 to be understood that there by tion the vigilance along the border. If any thefis are committed, every eflort must be made to detect end pring to punishment the offenders. Retaliation by Fitting the Indians, When over- taken or surprised, must be avoided, if possible, epting in ymstances where murders may have their part, of which the evi- ce should be clear. The scouting parties now in the field, below the frontier line, will be kept actively employed antil the country is cleared of the lawless bands which have lately infested it, partic etary towards the Kio Grande. By order of Brevet Major General Brooks. Groner Deas, Ass’t Adj. Gen. exe bs Army We learn that intetligence War Department, from the t ordered to Oregon ol Loring On th edn Tntelligenee, h eovived at the ot of mounted rifle ¢. under the command xeellent «pirite y Fort Hall on the 4th of Augast, mearly in (he autamn — Nat S Intelligencer, O Fexpnat or Mason Forevry —One of the largest fa- neti trains we ever raw in this elty. accompanied the remaine of this lamented officer yestertay. to Elmwood. He wae buried with military honore—the ( S soldiers stationed at this post, ander command of Capt. Gore, escorting on to the place of burial In the procersion were many of the oldest inhabitants of the otty§ The deocased was highly esteemed by all who knew him for bie many estimable qualities, aod his death is universally lamented — Detroit Ade., Oct, 25, Domestic Miseet y. Goeedrioh’s machive factory, at Auguste. Ga,, was destroyed by fire on the 23d inst Loss $12,000, A dry dock is abuut to be constructed im Halifax harbor, N. 8. There were 67 deaths in Boston for the week ending ‘the 27th inet, f Nortes | “rt of Oyer and Termin - E B Jeter seas one Algemeen lugersoll and Ocronsn 27.—The .°™** of Charles H. Carpenter was aguin resomed Mr. Buawuatan, junior . proceeding to sum up the on when, Mr. Cutten, one of his seniors . bad opened the care for, the delene by taying, he apprebende wat ther take, with regard to his learned associate “T™™1ng up, So far as Mr Biankinan was personally conce."2¢4. both he (Mr, Cutler) and bis client (Mr. Carpeuter, °Uter- tained for him asa lawyer the most profound ren, ct. He bad no doubt that it would be more satisfactory to the Court and to the jury to hear Mr, Blankman. who, ho was sure, was weil prepared with an able addrens upon the facts of the case, and would perform the duty more effectually than he could do it; but it was simply because it was the request of Mr Carpenter that ho (Mr Cutler) should address the court and jury, that he rose to make the intimation to the Judge. Mr. Bianxwan said, that he should stand upon his professional right and professional dignity, and inatst upon disebarging that duty to his client, whieh, with | much care and attention, he bad prepared himself to ‘The Juvce remarked, that the court had nothing to | do with the order of summing up; they eould not hear more than two counsel on each side, and it was for them (counsel) and their client to arrange who wus to address the court and jury | Mr Canvenren (the wccused) paid, tt was arranged | yesterday evening, that Mr. Cutler, who had buen Much engaged in this kind of eases, should sum up, and it was his (Carpenter's) desire that he should do so, Mr Branewas then, in accord with the wishes of Mr. Carpenter, withdrew bis right, aud left the court Mr. Curien then rose and said :—Gentlemen of the jury, this case has eccupied your attention so low; ‘that | almost fear to trespacs farther on your time. hi id ir ot importance, not only b; nee and activ which its intri counsel for the prisoner, was *@ on behalf of his client on the same who * interrupted him * was some mis. ny par. cipation # tl asia merits by po means warrant. A | court would suppose that some he | perpetrated, und public interest; marked by @ brought to or for some single offence of great magnitude, whic! made imperative demands on the public for its repres- jon, Inthe trial of ordinary offences, the Attorney General does net appear for the prosecution; and this cireum ce alove bas led many te suppose that the dirtingnished taents of Ambrose L. Jordan would not be invoked, if the defendant were not a criminal dyed with the deepest shade of A young gentleman ot Di:mirhed morals, 18 charged with @ single offence. after & lapse of nearly four years from the time of ite alleged commission, of which no reepectable man on bis oath, he is guilty. The case against him res! wholly on the testimony of Andros ava Young. Both are, by their own contersion, accomplices in the plot with which they ebarge the defendant. Both are im- pelled by the stropgert pressure of hope aud fear t criminate him. and it also app under the influence of persnel in-auity. story was inconsistent with that which he gw time of his firet arrest. Besides this, Andros sa: Carpenter saved him in bis hour of need He ay that when he was in extreme peril, the defeadaut aided him to escape. The villaiy whoavows that his necessities whilst in prison were supplied by the de- fondant. bas the beart and the forehead to appear as the pripeipal witness against him, [Che learned gen- tleman here drew @ parallel between the present case aud the trial of John Fernley, for aiding ia the escape of James Bunton cited 1 Macaulay's History of England, larper’s edition, page 614, sud the trial of John Cornish, page 612. same volume; aud after ex- amining some of the evidence in this ease, continued.) euthamen, the intrinsic improbability of the whole statement is so apparent, that, even if it were related by @ credible witness, | should content that he mast be laboring under some misapprebansion relative to the facts. Carpenter is represented by the prorecuting counsel as a shrewd counterfeiter, the “master of the mint,” and actual manufacturer of the fabricated money. Is itatwll probable that such & man would gointea public bar room and there handle counterfeit money, and actually fell itia the presenoe Of several persons who could be witnosses against bim ¢ Why procure the Intervention of Young stall? Car- penter and Andror, you are told, were on termes of Inti+ macy. Why did not Carpenter, then, transfer the money at ones to Andros; uuless he desired to procure 8 withers to the transaction, to secure his own convio- tion? No sane man weuld do such au act, much lass a shrewd, active man of the world, whuse previous busi- bese acquire mente as a wholersle merchant in this city, of crime, rendered bi ert, familiar with human nature, All men act motives, Motives are, with relation to moral conduct, what physleal power is to mechanism; of these kin eof kuowa impulse are equally under What inotive could Car- penter have bad to the perpetration of such an vffence, under euch circumstances? Will it be pretended th a gentleman, situated as he was, could have had ment in the $12 he was (Here counsel exami: « beuring on this point } penter's guilt reste solely upon the of as to the particular @ of the roll of tirely uscorroborated | con- h condemn maa on the tal to liberty. should » Decmuse & Witness who | and the accused who denies, ba od ® third must incline the bat “in the mouth of two or three witne: d be Ke oe Ley our law bas D ney, Young stands tend that thore Iw any crime. This ip Blmest all continen’ wit to thi deen the subject of re Ished Freneh jurists, But wo are sv d for the harebness of the rule, by the p then of It. than many bave nply because the relation of a ringle witoe «consistent with itself aod all | the surrounding el tances. is to be rejected. If, | then. s credible witness is not to be believed unless his | story be clearly probable and consistent with other | known facts, what shall | say of the story of & feloa—a felow, too, who acknowledges that he wasa wandering vagabond before he committed felony, and whose state- ment in this care clearly proves his own guilt. A pre- meditated story it always ro made up as to bear the ap: pearance of consistency when firet stated, Batif it be premeditated, the fale witness will be liable toerr in the statement of the collateral facts aud surrounding oir commanees. Does Andres confirm the statement of Yeung. in any important partioular!? He dows nut An+ droe appears bere under peculiar circumstances He avows that he ps d the counterfeit moary. aod every man will accord ton criminal the oredit ot knowing ail the cireumstarces under which the crime was commit. ted He of course. Knows Bow he became a felon. andcan state ali the details iv bis career ef crime, But that is t the question befire you. We are not din whether Andros was guilty but simply the Carpenter implicated im that guilt? [He tertimony was carefully reviewed by the counsel.| Andros came herein 1587, a+ the mesmerizer of the Kidd Salvage He went to Oalderils, and firet discovered tbe fabulous weaith of the Kidd «his ‘The bare of geld, th m mote than forty feet below the surface of ere first discovered through his ag hich the Attorney by Andros, was atem, that it as if actually abstance of the 4 in by hus. Bat there ts another cir. urged ip his eendemnation the credit cumstance, which \mpal of Andros. On the bth « conviction of Carpenter formerly ecmmitted exprensnn Uh of hit appearing and testifyiug founding in hi Carpenter is acquitted. he must be pul * the halter round hie peck y prevented by Pierron's testimony is utterly at war with the other theory, as presented by the pro- seeution, The motive awigned to Carpenter. ta pro- curing bail for Andros, w that Carpenter wae one ct his w men, je there anything Im the care which warrants ws in axeigning any euch rotive to Carpenter? What could Andros disclose? He did not know where Young got the money. He knew nething of Carpenter's guilt ibat is his testimony here, and must hare been so, if He account was correct. Why, then, should ( arpenter feet # direloeure which it was notin his power to make? Woold Carpenter, if be really desired to prevent dis closures, go to a police officer, and take him to the very man to whom be (Carpenter) is alieged te hare deli- vered the money? Would he teil Person, a lawyer, Norrie # police cifieer, Mrs Andros, Parsons everybody. woted Young to be guilty’ If he destced to procure the escape of Andre who could not dicclere, thick you he would at the ramggjme hare taken measures to have the p-iice seise a@iinprison who could divelowe hie guilt? Gentle How me to repeat, for M jan's talonte ase I have the most profound reepect, but there go pure, whose motives might not riving to regain @ foothold lost In the Attorney Generals oo against Carpenter, he flashed Alded fro } by ot justioe by rels round his brow by the convicti cent, Gentlemen, | call upom you, as citizens aud as | before the evidence you aid { for gue seibcanvioted feloi low me. in eon- utter t prayer, that should py Christmas dinner turn to review the deta ne mes, there will not, in reminiscences of jw ome any twinge of conscience, nor vain ¢ rem: 4 brance of the verdict you rendered in the dines ied th ir’ irsea ocoupied the court fr ate alittle after 10 o'clock, up to.2%, District Arronner (Mr. MeKeon) commenced dreee to the jury, by. that the concluding remarks of the counsel for the prisoner, in relation to the feeling of the Attoryey General for the loss of two sults, in which some ot the parties in this case were involved. ought not to hve any weight with @ discreet jury, empanelled to try @ distinct fssue, as to the guilt of this prisoner, The revnark could not, un- re ny circumstances, apply to the District Attorney, as, neither directly nor indirectly, had he ever been connected, #0 far as any of the parties were concerned, with apy procsedings except the public proseoution against the person now on trial. ‘the iMetrict Attor- eo stood, in refersnoe to the acoused, in the same po- sitiom as the Court and the Jury. They only knew him in thie indictment, and were fo proncance upon hie guilt or innocence according to the evidence presented yy the witnesres. So far as the Attorney General was concerned, he (Mr. McKeon) shou d say, that, from the commencement of these proceedings to the present thne. he had been the object of unceasing assaults, In courtand out of court. he had been assailed with un equalled virulence. Nor bad even he (the District At- torney) escaped. He had some experivnce in all kinds of felony cases. He bad seen them in and in every character, from the quiet and submissive up to the unscrupulous and bold; but inthe present tndiet- ment he had found the most daring and reckless of his kind. Every person connected with the prosecution had been denounced as corrupt, or Instruments in the hands of corrupt me the evidence that the Attorney General, and the ith whom he acted, had instituted those proceedingaby improper means? Where is the evidence that the Attorney General pro- cured the pardon of one of the witnesses at th ticn of men known as the Kidd Salvage bas been insinuated that there wa nd appropri penser of such witnesses referred to the laws of 1848 and 1849, showing appros priutions for witnesses’ fees in cases of suite conducted ch rep daily mad y the gentle- man on his left (the reporter for the Merell); they were faithful representations of the scene here and of the but the Attorney jowing thole minds bee by articivs in @ certain na coined from the active mint of som with the prisoner's interest. These articles were ne more the reflection ef public sentiment, than Carpen- ter’s Counterfeit money was the representative of real value. In both cases, they were “counterfeit present- mente.” Well did the prisoner wnderstaud the pow ful inf of the prers; poison, th hb article, has been poured in the publi + aluoe the in- was found, representing this prisoner as par- eecuted; and against this falsely Created public opinil ily defendant has compelled the prosecution to t The prisoner, in this case, had e 4 industry, and be fel nd false pul the 8 of vecepe were increase pul lio proseentor’s takk was plain—to preserve to that jury no other case then thet In the indictment, and be Was rativfied that if the jury would vas they were bound to do) dismiss al other considerations froax their minds, he would satiefy them of the guilt of the party.as charged What is that charge? That the prisoner (Carpenter) incited William N. Andros to pas® @ tep dollar counterfeit bill of the Ocean Sank of Viassa- churetts. In the language of the law. he was “am ac- ce a before the fact.’ The policy of the law makes him who procures @ felony to be done, @ felon. If A empley B te kill ©, and A te abeont when the killing tales place, A is guilty of an accessory before the fact. The boncreble snd leased Distriet Attorney then, in avewer to some Joeprattions of law made the previcus day by counsel for the defence, submit ed the following on bebalf of the prosecution :— If the jury, from the circumstances, are eati-fied that the note fet out in the indietment was included in. those which the defendant incited Andros to pass, the jury may convict, even if no instructions were given bod defendast, as to the particular individual upom whom it was to be passed. If Carpenter gave the money to Young, and the jary believe that Young was s guilty gent, and og age of the money to Andros to pars. then Carpenter is guilty as an accessory before the fact. The aot of the agent being with a guilty knowledge, he becomes the prineipal, and the party who employe him isan accessory, unless he were pre~ sent at the time the offence was committed, er near ‘enough to render rome assistance, (Che learned tleman here read the case of the People against Adams, and two cases in Russell & Ryno | saswer tothe first point applies to this. It matters net whether Young, xeting as the guilty agent of Carpenter, com= munieated to Andros that he (Carpenter) wished An- dros to pass (he money or not; if Carpenter gave Young the money to deliver to Andros, with ¢! intent that it should be fraudulently passed by bi the offence is complete. The jury sheuld convik if they believe that Carpenter, either di ectly throug! welled Andros to pass the counterfeit note. should convict if they believe Young, with knowledge, obtained the money from Carpenter, be delivered to Andros by © to be passed; even if You Carpenter. it would not re vl cipal in tke crime of forgery in the second de, as there was po intemt to cheat or defraud Young, pecial ingredient in the offence, Yor if guilty of apy offence, could only, if tried be tried a principal. if the principal is convicted at any ti closed, so that the testimony of presented to the jury, it is #uf- eh another. procured, iscited, induced, or coun- They viey, his conviction oan feient, It ie not should be convict \ been Ino! ne time. T District Attorney had not concluded hin address at the rising of the court, at 4 o'elock, bi will reeume on Monday morning } Brooklyn City News. os County Count oF © aso Tease. — Prerent, fon, Nathan B More ustices Hughes and Wright —The court was ope Saturday mora- i jor the purpose of sentencing such of the eri- minel* as bad been found guilty of vielating the law, and who had not previously been sentenced Charles Albro, baving beep convicted of reeetving strlea goods, was rentenced to imprisonment in the oat bard labor. tor the term of brother to the former, and a m £9, On account of bis youth torrevcm over bis head. counterfeiter having been f the second degree, was sentenced to imprisonment im the State prison at Sing Sing for the term of five years end rix months James T. Lavery, convicted of forgery in the toorth degree. was sentenced for the term of four nd six wonths Michael VicNamee was brow teace having been eonvicted of selling iqaor without license, The sentence in his case, however, weerupended The court then adjourned. Cory Count —Before Judge Gre dand Aldermen Wardwell ana Burbank —This co: 40 met on Satur- ten o'clock The fol sentence hangs in ta, the evlebrated ind guilty «f forgery im 11 pal $15. James er Vie \voy, selling i Petthiadow, ructin Wm, Cuttiog, kee sert.—The Beard of Aldermen hold « o'clock. Very little bak te ver ae the members are too busily engaged in preparing for the approaching com- teat on the 6th of November. re cep their bells to find the landing places. sous = The Rev Dr Bushnell, of Hartford. de- an eloquent disconree last oF at the Ply- mouth Tabernacie. Mey Henry W. Beecher, pastor. A man onmed Charles Park committed suf- ter tavern, * the body yerter accordance with t wn on @ stoop Ia one streets near the Tombs to recruit bis houre to whieh thie stoop was atta! abited by femal the young stranger down for & short time, #appe hd him telief ‘This he consented to do; aad s@ercely bad n'torty winks,” before he felt the hand of one bit pocket, aed before he could rouse ke any resi#vance she raq off with the pecket book containing the money, and the wate like. ‘The police were notified of the facts of the — yesterday arrested Mary Hines, on the charge stealing the property, or being accessory after or be fore the facet Justice Mowntfort committed the se- cured to privon for @ further hearing, Other police matters were exceedingly dull, notoing beg cory | ox. opt a few drunkards and loafers arrested, won every day cocurrencs,