The New York Herald Newspaper, November 24, 1849, Page 2

NEW YORK HERALD. Rertnwest corner of Fulton and Nassau sts. James ‘@oRrDON BENNET®, PROPRIETOR AND EDITOR. Z -ESPONDENCE, cotati FOLONTA ‘AkY pay prep orb so} m, ny pov Aaa 7 7 ff will be liber liv paid yor. fy ged a) | wD YNUTICE. taken. of vionymous communications. We cusnet return rejected communica | rite all ¥ HERALD, 2 conte per copy—ST per an- | | “Tie WEEKL cll pany ego sereianins ox ile Con= tinent Sati crn " er atm sm gare, tom Xe 5 ae ere f Fees: O83 IERALD, ene every Mounds, WE DOLLAR WEERLY a ube, AR W. gents per copy; $1 per annum; six copter Fe 85 per annum. AMUSEMENTS THIS EVENING. BOWERY THEATRE, Bowery—Tue Txnze Guanns- may, BROADWAY THEATRE, Broadway—Bouemian Gime —Nonma. BURTON'S THEATRE, Chambers street—A Binn ov Passace LA MONTER—MAMMON AND Gaamon—JER- any Mon PoLy. NIBLO'S GARDEN, Broadway—Goipen Farmen—M tenins oy BHoaan Lire, NATIONAL THEATRE, Chatham square—Is He Jea- | ner s—Lucn te The Fuvine DUTCHMAN, OLYMPIC THEATRE, Broadway—Wwo's rme Cowro- " Lee~ Jenny Linn, MECHANICS’ RALL—Cunisry's Mixere ens. AMERICAN MUSEUM—Amusine Penronmancns Ere~ RY A¥TERNOON AND EVENING. SOCIETY LIBRARY ROOMS—Caxpnens’s MINSTRELS, CIRCUS, Astor Place EaquesTRiaw PearouMAances. MANHATTAN CIRTUS, near Willlamsborgh—Eques- ThIAD PekrORMANCHA. STOPPANI HALI—Bevns nen aus or New Foun: ember 24, 1849, New York, Saturday, Rureps. "There were no tidings of the Caledoma when our paper went to press this morning. She is | making a long passage. She is now in her fours | teenth day to Halifax, equal to neatly sixteen days | to Boston. Importent and Curious Intelligence from Madrid and Havava—Proposed Sale of | Cuba to the United States, The Sponish journal, El Correo de los dos Mun- des, published mm this city, states upon authority fiom Madrid, that the effect produced in that ca- pital upon the government and politicians in gene- ra!, by the news from the United States and Ha- vana, relative to the proposed annexation of Cuba, quite different from what the Heralo, of Mad- tid, and other Spanish newspapers, generally rep- Tesent. It appears, that with the floumshing account tronemitted by the Captain General of Havaaa, boasting how he had saved the island and had put down the revolution, there came also another docu- ment from come of the most powerful and influen- tial inbubitants of the island, stating that all would be lost unless the government made some sacrifice to the spirit of the age, and effected such substan- tial reforms as were imperiously called for by a people thrown ito fermentation at sight of the prosperous eflects of republican institutions, as ex- hibited in the United States. Italso appears that the Spenish government, being well aware that the object of the Captam General and his supporters was chiefly to retain their power and enrich them- selves, rather than to save the island, have seat outa commission of six persons to ascertain the real state of aflairs in Cuba, and the actual tenden- ey and demands of the public mind. Thus com- mission, it is confidently stated, has full powers, if the emergency should arise, to make a transfer of the island to the United States of America, for such a sum as would not be wnacceptable to the po- verty of the Spanish Court. It is affirmed, also, that the Court and Ministers at Madrid, have had certain communications with the most distinguish- ed chiefs of the party of progress in Cuba, un- known to, and without consuluag with, the Cap- tain General. We eee no reason to doubt the strong probabili- ty of the wuth of these statements. Perhaps one of the strongest proofs of the existence of events and transactions of such a character, all tending to fulfil the inevitable destiny of Cuba, may be drawn from the fact of the bitter wrath and furious perti- nacity with which the Cronica, of this city, and other Spanish journals published elsewhere, in the interest of the Cuban authorities, deny and ridi- | cule everything of the kind. 1a spite of the posi- tuve assurances of these journals to the coutrary, we believe that “something is in the wiad.” Legitmacy in Cuba, as everywhere else, will die haid; no wonder, therefore, that the mo- narchical journals exhibit all the throes and derperate contortions of dying gladiators. Of all the reasowings and arguments hitherto brought to bear against what may be deemed the destivy of Cuba, the most prominent and the strongest brought forward by the retrograde press 1s the affection and love of Spaniards and Cubans for Spain and Cuba, and for all that belongs to Sp nd Spanish recollections. w, we opine that it 1s not absolutely necessary fer Spaniards and the descendants of Spaniards to remain in oppression, servitude and poverty, under the iron bond of a harsh, repressive goverument, in order to serve themeclves, or their country, or their race. | They may be independent—they may be prosper- Vain? Hoaxt Never Won a Fatn Lapy—aur | Rumoes Anour CaninetT Cuanozs —The rumors about changes in the cabinet, or ite entire de- composition, coming from Washington, are un- doubtedly premature at thistime. It is not very likely that in the midst of preparations for opening a new Congress, the President could dispense even with an incompetent or imbecile cabinet—so necessary it is to spread every bit of canvass and get into the neorest port. Yet, that there will be a great eflort made for a change in the cabinet, at the proper time, we do net doubt. As soon as Congress meets, and the leading and intelligent men of the whig party, trom different parts of the couniry, confer on the foreign and domestic policy disclosed before them, they will thea begin to make arrangements for the future support of the administration of General Taylor, in such way as will enable them to consistently adhere to it. We do not, therefore, believe in these rumors, not because a change in the cabinet would not be useful, for we believe the whig intellect itself is convinced of that, but time will be taken to mature those points. In the mean time, the foreiga and | domestic policy of the present constituttoaal ad- visers of the President is rapidly ooziag out ia various forms and shapes. The most startling disclosure recently made is that of a detivieney in | the estimates for the existing fiaancial year, of nearly twenty millions of dollars. 'Tais deficieacy has created a geeat sensation in Wall street, among the bunkers, brokers, and capitalists, including speculators of all kinds. It 1s coasidered by such men a moet admirable feature ia the policy of the cabinet, because it will lay the foundation for the necessity of a loan, or some scheme looking for- ward to a bank. e cause of this deficiency has not been disclosed, except in a general way, as | growing out of the Mexican war. however, that one ot the principal eanses of this | deficiency has arisen from the extraordinary sweep made in the various departments, to the extent of nearly eight or ten thousand removals from office. Such a change in the staff of the several depart. ments must have throwa everything into coa- fusion, and given the blood-suckers on the trea- sury every facility to impose on the ignorance and imbecility of the several cabiset ministers, for the last few months. The mystery of this defic’ will be a curious effi when disclosed. Mr. Maxwett axp Generar Tayior —GaMMon ror Guna@rons.-—One of the most exquisite dishes at the whig supperto Mr. Briggs, not enumerated in the splendid éarte of Mr. Florence, was the dish of gammon— oily gammon—"served up for the gudgeons by Mr. Maxwell, the Collector of the port. It was intended exclusively for the young gudgeons, and most sweetly and admirably did they gobble it up. ‘This gammon was the famous eulogy by the Col- | lector upon the virtues and excellent qualities of | General Taylor. We believe in them, but we also believe that Mr. Maxwell’s sincerity is all gammon, otherwise he would not have resisted the wishes of General Taylor as he has done. Let us state a single fact. Mr. Clover, an American citizen, during the last war suffered ia the Dartmoor pri- son the tortures of British tyranny. ‘This worthy man and good citizen, when Mr. Maxwell was op- pointed Collector, held a small place 1m the Custom House. He was discharged by the new Collector, | and without the shghtest ground of apology what- | ever. Mr. Clover appealed to General Taylor at Washington, and the old General, true to a good and deserving man, endorsed his papers, and sent lum back to the Collector. Did Mr. Maxwell pay any attention to the wish of the President? No. He treated Mr. Clover with great impropriety, and ineultingly cast the President's recommendation aside, retaining, at the same time, some of the most notorious enemies of General Taylor in | office M. M. Noah, the malicious Jew, among them, in a sinecure. We do not believe, therefore, in the sincerity of the eulogium of Mr. Maxwell. It was all stafl—all gemmon forthe gudgeons. He wants to keep his own place, but cares nothing for General Taylor's | wishes. | Sreausuts axp a Stream Navy.—The London | Times is beginning to realize the fact that there is such a republic as the United States, and that it is | rising to @ position of great maritime and com- mercial importance. A recent article in the Herald, on steamships, appears to have particularly at- | tracted the attention of the English journals to | | these facts; but what we have said was merely | introductory to what we shall yet have to say oa | the subject of steam navigation. We have ouly, | | now, come three or four first class commercial | | steamers at sea; but im two or three years we shall | | have twenty, and in less than ten years a hundred, | ocean steamers in commission, superior to the | Dritieh vesselu in speed, elegance, comfort, and everything elee. ‘The present idle, loafing luggers | ot the navy, however, to keep pace with the age, | must be abolished, and the new system of steam- | ships introduced in their place. This will be done. | We have made the start ia steam navigation, and | we have the means, facilities, and enterprise to We are bound to do it. We suspect, | | take the lead Lota Montes.—The lust chapter of the singular history of this most singular creature is the fun- : niest of all. It appears that the uncles and aunts of her green husband, Mr. Heald, after failing in our—they may be free—they may be an inde- pendent State among our States—without hatiag | Spain, or their country, or themselves, or their race. All these can be indulged with the fullest enjoyment of all their rights and liberties. There may be a probability, therefore, that the ministry | of Queen Isabella have come to the resolution to sell Cuba to the United States for what they can get, before destiny takes it forcibly from them for nothing. It is prudence. ‘Tue Late Sovtnens Movement on THE Savery Question.—The recent correspondence between Gen. Foote, of Miss., and Mr. Clingman, of N.C.— the firet a leading Southern democrat in the Senate, and the latter a leading whig member of the House—showing the consistency of their opinions on the slavery question, has created a good deal of sensation here. tion of the leading whigs and democrats of the South, in their opposition to the free-soil me ments in the Northern States. In many practical poonte of view the South entertains the idea that disunion would be an advantage to them, and especially since the introduction of manufactures, which, in a short time, will render them inde pendent of the North. Indeed, it 18 known tha; there are many Seuthern politicians who would prefera peaceeble reparation, in view of the benefits of a government exelusively Southern in ite eha- racter The Mir natural outlet of the Northwestern States, isan insuperable barrier to » division of the Union west ef the Alleghanies, however readily a line might be drawn on the eastern side. One thing, at all evente, is certain. The free-soil agitation in the coming Congrees will effect as much, or more, damage among the politicians as the Missouri panic of thirty years ego. It will have a blighting | ¢fiect on political vegetation, and the party in power will feel it like a hard black frost, by which most of the young whig saplings will be completely destroyed. sustain themeelves through the struggle ; for, if the Northera whigs attempt to nationalise the party by concessions on the slavery question, the local sentiment will give the power to the democrate. So of the South. If they effect a compromise, and the question is settled, they will still be held to account in each section for the surrender; and | upon their ruins m 1852, when the dust and smoke clear off, the democrats, upon any candidate, may reunite and sweep the field. The nationality, Master Brooks, of the whig party, is, then, only a dreem. The slavery question will scatter it, like chef, to the winds. The breeze is already pretty st:fl— but the worst has yet to come. It discloses the fact of a june- | ietippi. River, however, the | We do not believe the whig party can | every other eflort to separate the loving pair, and to get rid of what they are pleased to consider a | piece of scan. mag., have offered a reward of | £12,000 (60,000) to the lucky young damzel who | will succeed ia seducing the affections of Master Heald, and tear him away from the embrac | the poor, persecuted Lola. Now here is « field for Barnum. Why not send overan agent to engege Lola at once, f xhibi- tion throughout the United States? She would be | as profitable 8 Jenny Lind; and General Tom ‘Thumb would be completely eclipsed in the furore which the announcement of Lula Moates, the | Countess of Landsfeldt, would excite among the codfish aristocracy. Itisa rare chance for Bar- | ‘num. Let him send out an agent at once. Per haps Col. Webb might undertake the business, on his way to Austria | Jornwarisst —One of our cotemporaries of Wall | street makes a great fues over the establishment of the London Times. If they would only come to the New York Herald building, they could see a jow of a printing office, as efficient, well or- ' ganized, and complete in all its appointmes ale | though only in its infancy, as that of the Zvmes, or ot eny other eetabliehment in the world. Io every deportment and bureau it is under the most | thorough discipline. Mr. Clay, who has been to | see it, expressed himeelf highly delighted with our arrangements, and especially with our fast preeses, capable of turning of ten thousand sheets an hour. Tne Parsipent’s Messson ano a Cory-Riewr Law.—It has been suggested to us to invite the at- tention of the Premdent to the necessity of a copy- ht Jaw, for the protection of eufferiag literary 1s nin both hemispheres. Under the present sy Fe tem, our literary writers are at the merey of the | beokvellers, and the authors ot Europe, without compensation, supplant them. It is to be hoped that General Taylor, in his message, will recom. mend an international copy-right law, for thers every indication that it would meet the prompt attention of Congress. mn Tre Craw or rie — Wi state by two of the crew of the working three ¢i wore refured an; | | | = § 38 33 Hoe : 3 3: then they ner compelled 1018 when it wasin shelter and comfort. | Die prineipl of | t Movements of pw Hon, Henry “Clay—Visit to the Clay Festival Assoctation—Meeting with Joe Hoxte— The Serenade Last Night —Immense Crowd—Specch of Mr. Clay ‘We regret to eay that Mr. Clay did not find himself quite so well, yesterday morning, as usual. He had a slight attack of diarrbos, from which he was consider- ably weake: A deputation from the Whig General Committes, of King’s county, waited om him during the morning, to ark him to visit the Dry Dock, the Navy Yard and the City Well, Brooklyn, an invitation which he was reluc- tantly compelled to decline, on account of other en- g*gements, and the fact of his leaving this day. He reeetved visits during the forenoon. At half past eleven o'clock, Doctor Drake, Chairman of the Clay Festival Assoctation, together with Doctor James R. Wood. called for bim, by appointment, to bring him to the residence of the Chairman, 35 Bowery, where the Astociation were waiting to meet him. On mentioniog his indisporition to those gentlemen, they gave him some strengthening medicine, and he accompanied them in their carriage to the Association, at half. past twelve o'elock, This arsociation was founded in 1816, for the purpose of perpetuating the birthday of Henry Ciay. On entering the room, he was introduced by the Chairman to the Assoriation asa body Among thore Present were, the Secretary, Mr Marcus D. Boruck, Mr D, A Muir, Mr Nicholas Carroll, Daniel Ullman, Hon, Merwin R, Brewer, Vr. Wm. 8, Duthe, Assistant Alder- men Dean, Seventeenth ward, Joseph M Price. &o, & The Chairman said—Nir. Clay. | have the pleasure of presenting to you the members of (ho Ulay Festival As sociation, as a body They are # band of men who have stood by you throvgh adversity and gloom, dis- aster and defeat, They are “the old guard, who die, but never surrender.” ‘Mr. Clay responded briefly for their kindness, devotion and many sacrifices, He sald he felt gratefal cause he was not in office, and therefore knew that it | was dictated by pure and disinterested motives, Not- withstanding, however, their pref=renees for him, they must always bear in mind that the honor and welfare This | | reeeption came to him with the greater pleasure, be- of the country should be uppermost In their minds. | His beart was full. emotions. them from the bottom of his heart. (Applause) He war then individually introduved to each member, and among others, to Mr, Duthe, of the 17th ward, who, in- troducing the other gentlenen from the same ward, #a\ — These are the reprerentatives of the only thorough. He could not give expression to his ly Clay ward in the city of New York, They always | appointed ncommittee to ark every whig who was no- ed at the primary meetings whether hy was for and if not, it was uo go, (loud laughter and ) and a nomination was equivalent to an elec- tion.” An inetdent here occurred, possessing some interest. ‘The chairman poiated toe magaificent banner bearing the inscription, “The Tenth Ward ienry Clay Club, instituted 1841, City of New York,” and at foot, “Jus- tice to Harry of the West.’ This banner was intended for p on to Mir. Clay, in 1844. but circumstances over F'which the Club had no control, prevented it On a future oceaston it would be reseeed to Mr. Olay, if he would aceept it ‘The bow, gentleman rigntfied his assent. ‘There was a likenes* of Mr, Clayon the banner, and one of the members anid be would beta dvllar that Mir Clay had the rame shirt collar on now, as when that likeness was taken. They were fac similes of each other r. Clay replied that he had been subjected to # ; but he fouad it as lar as it was ged to purebase pew one Uiticult to change the style of his shirt-c« dto visit the father of Dr. Drake, an invatid, was an eleotoron @ Clay ticket many ears ago. Thescene between them was of a very affeot ng ceretiption. : ‘The hon gentleman, on returning down etairs, par- took of a eplendid collation laid out im the pack parior, | for him end the Association, He was toasted, Clay sovgs were kung, and some spreches were mada. Tne mort amusing part of the proceedings was @ parrot, which kept continually crying, “three cheers for Hemry | Cin, ie ® quarter to 2 o'clock. he left, in meer with Dr. Mille d was loudly cheered on reaching the ireety by y large crowd whe had assembled around 6 Boor, On account of indisposition, he was w to fulfil many engagements be had mada, with the tion of ore vamely, with Mr. Phenix, with whom he dined aad peat the evening. h diately atver he had left Mr Benson's, in the afternoon. Father Mathew called upon him, and was dirappoiptet at pot pg bis. Ths apnaumoement bn the Fureid of yesterday mora- faa that the * Clay boys” intended to give a serenade to Heury Clay last evening at ten o'clock, brought aa iupmenre concourse Of his mirers arouad @x-Ald Henson's, 66 Warren street, long before that hour, umbere ccntinved to iuerease til ten o'cloek, and jokes were bandied 1% the crowd, with pow and then a false alarm he comes,” followed by a lavgh at the ex pence of the eredulous At length he did come in earnest He had been dining at the house «f Mr. Phenix and left it in a car- riage Just in Mme to arrive at haif past 10 o'clock, when | the numbers could not be under 6.000. at the lowest cal- culation, the multituce extending from Church street, on the one side, to West broadway, on the other, The cheering was loud lowg and vehement The grealest exeiiement and enthusiasm prevailed, and it Was with the utmort difficulty that he was allowed to pare into the house He was literally pulled ia by main fore his host and some ether friruds, for the peopte were #0 anxious to hear him, that we thought ther would deyour him, for they were wader the impre: that ifhe ence gotgtn-ide, be would net make Atler be got inside, by a deoperate struggle, th the greatest Impatience, and loud ertes of “Clay obee tnt for him was ax enthusiastic as we ever heard A gen! lewan on the rtoop having enlled for “three cheers for Uid Harry.” the cali was responded to with tremen- dous cheering, when seame one ia the crowd called tor “three cheer fet Zachary Taylor” This was AG Hie thew pre < the signal for much bising, and erie of “get out Jest the rerenaders of the a of ould eveuteenth ward arrii sion of pods erat exeliement and temult, rh Me clay they could not get him out they called for Uliman several times Mr. Deniel Uliman preeeated himself on the stoop, awidet loud eberrs, anu addressing the people. said :— In (en or ffieen minutes | shall have the honor of ia troducing to you Herry( lay ous cheorlog stances. | can This is the bert speech, under t | wake to you, All| baveto nek of you is patieure for ten m #, and you will fee the idol of your souls, cat che: ive) ime we cheerved on the stoop Dr. Cat- Drake, Vir Hoested, Alderman i neon b rope, Weartog ia booker which were used very pretty. ‘Ein Ftoop having been oie yohee of the Third wai der hit command, stools * placed for Mr, Ciny Vo stand on, aud lights were brovg wet ‘Suen again addressed the peop'r.and rand Wr. | Clay bad visites the ety 1 @ privace capacity, and he idea that there would be svoh an irruption of friends and enguries be would room come «vt to them. ute that such ach: @r mover be heard for Harry Clay of Me. Clay, accompanied by ex: \iierman mt aerd him to the pec bia en pearance, it Being ‘utuetor past eleven olek Reldo i eard cach eheert as followed fer ® The scene of excl ment bafles dese spuloa ‘When the tumult ofa somewhat subsided, Alderman Franklin caid Clay. we are a small delegation here (laughter) fc the Seventeenth ward nder youn hearty wel (Loud ebeers, and Lowe come to the city of New York orien of © Mr. ¢ seweleome ") entiemen, I amocome here as 1 bad the anthority of a com- pel J you all to keep the order (Laugh. leome. ay then said i im my poe end to make bade J eoula not ‘emloy it "better thaw in ngs of satisfaction with thos toebrm Tae io bted for so many mnarks of attach: ment in days gone by—to brighten thors ancient fiendshipe founded Om principles cherished by us ta common, (Great cheering) Although | caunot now expect to be long ia the eounetis of my country, you will snd at the opening of the session, Deve, (teas, cheering )- > ta order that f wih o y of @ winter par | am nor on tof duty (eheer personal tify no relfieh onjee (Tremendous cheering) When | go there [eball find Congress im the moer extraordinary potion im which it was ever found before -a state of | perfect equilibrium Out of it, perhaps, may ree fut lesons of justice, moderation, ant pa'riotism go there to dis. 1h oylee of ey life te the how reste of my country ) Feil go fer the p ean contribute to it glory, end the ebeer ng fer soars min fares my bureble tate ' the purpore of promottog bineoat te anv orbers the Union of the Sta viion, without which there is po seourity for com or lithe blessings we enjoy in this great rep They may tell you that liberty in the abstract is « glo 4 soit i, But without union | repest te no fecurit for peace, for commerce for prection! Woerty iteeit. therefore ge whet important object fwhten lies absve all and be- other interests in this land of ours (Hear, giving utteran ccension, (Loud eriee of «go on.” “ tell me to go 07 who wilt enpply (Great Jovghter and renewed ertes of goon ”) lirmen, | have come out mort reluctantly, ia compliaace y apiinadversions for C. bud hat and boota, thet 4 | He could only say agein, that he thanked | , der which are pumtshed with impri to attend | | st further adjourned ont rw with your wirh I found myself completel; trated with the hospitalities of your city durtog may y short visit; but I could not resist the ii ij felt to present to you my thanke for kindness and y our present attachments, [am on m: way to Washington aud as I must be eticring eerly 1s the morning. and hope to get some Test to-night, gon- tlemen. I must bid you all good The Hon gentleman thas cone! ‘uded, and retir’d, amidst tremendous cheering, which lasted for seve"i mivutes Although reported under disadvantageous circum- stances (partial darkness standing amidst some crash. )», the foregotny will be found @ verbatim report of Vr ‘lay’s speech. There was no other reporter pre- gentleman who represented the Herald then pertormed songs were sung, when the t one o’closk, long, for tarry giving seme more last cheers, loud an of the West. The hon. gentleman leaves this morning by the Philadelphia ain for the Quaker city, where he re- mains till \enday. when be will proceed to Washi ton to enjey ushort repore. which he much needs be- fore the Opening of Congress.” On Wednesday, Mr (lay visited the extensive jewelry entablishment of Messrs Peckham & Rumrill, 17 Joho street, Brooklyn, where he was warmly grested by the beads ‘of the extabliahmn t,aud cheered loudly by « crowd who colleeted oureide, On Thursday, Mr. Clay met Joseph Horie, in Wall street, while Sir, C. wus in the private carriage of Mr. D. Austin Mnir Mr. A. stepped up to the door of the carriaye, and, taking Mir ©. by the band. gave him a “ mendous bard rqneeze, 80 as to give Me © some u Mr © having drawn bis hand away, raid to Joe Froxte with a shrug of bis shoulder, * Why, Mr. lloxie, you squeeze as hard ax you used to”? Mr HL repliod, * Well, Mr. Clay, | cannot help it,” and Mr C, passed The Hobok Murder, , OF JOHN DUNN FOR THE MURDER OF HIS ANN DUNN, ON ‘THE Irn juny, 1319, ar HOPOKEN, KEW JKRSBY. Before Chief Justice Green, Judges Cooper, Thomas, Van Wink, Griflith, and Garretiron. 3 —the court assembled this sioeing t 8 o'clock, when Chief Justice ¢ charged the jury for the epace of an hour, in a very alo. quent speech, the purport or eubstance of which was as follows i—It is universally admitted that the homicide was commited by the defeodant, The manner, how- ever and the eiroumstwuces. in and under which the hi micide was committed. evidently preclude the con- ception of waneianghter, but bring the ease withia the debpition of murder of the first or second degree His Honor then endeavored to expound the nature and dis- tivetion of these t*o kinds of murder. ‘That of the first degree presuppo-es a wilfal, deliberate, and pre- mevitated killing. the penalty of whieh is death; that of the second degree includes wll other kinds of iur- pment. He now up the defence of the prisoner. which defence based upon the existesce of iusavity. He gave Various definitions of insanity, which generally con- curred in pronouncing it to be an aberration of the mind. But, he proceeded, uot every aberration of mind cou tituted such toranily as excused @ map from the | comwirsion ot crime. if the prisoner was. at the tine Of the get, incapable of disticguishing betweeo right and wieng, the law considers him as insane, and re- leases him from every responsivity. {he lav, as is here laid down, he stated. was not mw it had loag been reitied, as in the ease of the State of New Jersey vs Spencer, wherein Chief Justice Hornblower had laid down the true doctrine. that the siwplest question for the ernsideration of tbe jury was,” the Ome of doing the get. was * an act which he ought not todo?” ‘f 4 he continued, presumes # man sane until the contrary is preyed) The evidence of the prisoner's insanity must thegetore be clear and satisfactory. The evidence of hereditary inranity ts evtitled to no weight, unless acts of invanity are indisputably proved on the part of the prisoner, whereby they contrm that evidence, and in- crease the probability that the prisoner may bave been io a state of manity at the time of the homicide. Ifthe jury is ratistied that prisoner was insane beyond a rea: sonable doubt, the next consi favity such @ crime? to nsanity isat times of a very differsat u and it is not every kind that ponsible tor acts of atrocity. Insanity which would relieve a man from hie contracts, Will not necestarily #xeuse him from the contequences of his crime. if the prisoner was ccuscions at the time that he ought not to do it, the law holds him re. sponsible and he cavnct be exeulpated on the ground of intwnity. although on some subjects he might have given evidence of fusapity at the time, Im this case, the fect which the party, by reason of his delirium, believes to be true, should be taken as true; as he weuld be judged ane man would be judged. if the delusion Were in fact true. If @ man is under the de- hat | am going to take bis life, he would b din taxing mine; batif he acted only ander the delusion that 1 was going to carry away bis pro- perty or pick his peck» t, be would not be justified for Tahirg my life, for there facts, if true, would furoish no excvipation of bis act, unless he was also under the jorkne delusion that he had @ right to take my life for | fuch an set, The evidecoe of insanity pressated by the counsel for the pritourr, was of facts which oo- curred ail within the epace of eighteen hours The Gefendant was babiiuslly intemperate; if be was in & state of cation, he is not excusable, but lify the extent of his by counsel | for, prt: ving been proved ditary ip bis family, and he b ounjeet of cunt of rome supposed inddelity on th ¥ onstitution ebattered by the ‘evidencg was strong that he was in fene. His Honor intiniited that the iosanity of the prisoner formerly was not proved to have been here- itary. apd that it might not have been comtracted by | disrave or indulgence of any Kind It was staced by courrel for the prisoner, op opening the defence, that de endant avd deceased were not lawfully married. and reat advantage that there cobabitatic t ound to consider t The court, after @ furs | ther illustrations. conotuded by informing the jury of | the importance of the ease. of the great respoustbility which resied upon their shoulders, &e. The jury then retired tnto their box. where they re- waived during the evening without coming to any decision. We expect to furnish our readers with the Verdict in the afternoon, Brooklyn © ty Cenrous Trey nd completely stripped of all the loe knobs, ‘The articles stolen cannot pocaibly be of any pe- cuniary benefit to the thief, as they were very old fash- jened apd much worn out, unless the deepoilation was one of maiice ae, Cranoe ov Stansive.—A man pamed McCartney wa uly yesterday by yur house. at | nd four more tJ corner of Willow aud AU tic Ktreets perrour are implicated tu the occurrence Some stolen Property was found on the premises by the offoers, for which ewrers are wanted. The affair is in process of investigation. Poltce Anteliigene Literery War — Charge Lisel Yesterday, Mr. | Themes rowell appeared before Justice Mountfort. at | wt ompleined that agrees libel bad ood tame. referred the & letter purporting to be to Me. L tote city: portion les Dickens, from Londo 4 thet Mr. Pow ber with other bard pwell, tendip ent teaavege | defame the moral The | Flan ding of Mr extinct oF portion of this letter comtainiog the ibelloas matter complained of was published in the 7rubune, of the th instant, under the signature of Mr. Clark, dA Scoundrel Branded.” ‘The magistra'e, Hleged to be libellous, took the was issued for the ‘rout street, | ident of y. on a charge of obtaining f goods from bim by talee pretences, be case at the time, and this month the all 2 Inid before the prevent grand jury, who, on in- veetigating the alleged charge, diemieeed the bill ae the eviderce ad “dl by Sir Morrill did mot justify that body to find « billof indictment. Vr. Pell bas been, for many yearr, a reepectable reaident of West. chester connty, avd, for redress in this matter, Mr. Pel, ve is to sue © orrill for A German, called Peter Christe | fugitive from Newark, d with being © worn . who are bow contin: ri Of stealing, within the last six monthe, tity of fifty tons or more of pig and bloom fton, d at over $1,000, the property of Fhomas V. John. | on & 0. Justice Mounttort held the accused fora requisition frem the Governor of New Jereey \§ wirrest of Burglars 0 young men. called Thomas O'brien and James Hi Shem, were arrested yesterday by | nd Powers, of the ath ward on acharge | houre No. 38 Jaan treet, | therefrom three watches and money, ‘at $157, the property of Margaret Waters. | pifort committed both the prisoners for a | further hearing. Supreme Conrt, SPECIAL TERM. fore Judges Jones, Kdmonds and Fd wards . The Mayor, §¢. of New York ws Stephen Whitney. = This eutt was brought to recover from the dant the eum of $4,510 which amount was as the plavutiff against the de the neigh! om, for = alkbead across The care was tried of the expense of on the line of dant apply ime tion here pre dered, rueb wi f Judgment on the verdict, ‘The quo uteo it wherher. upon the verdict rem ssemmment is pot illegal and void, IN CHAMBERS Before Judge tdmonde. Nov 23.~ The adjourne @, to admit to ball, or divcharge from evstody. Samuel Drury and son, was Court ye Crmevrr Cor a ~Justice Husjbut with bear epecial = ne thie day, (Saturday ) Commos Porat, Part Nos 61, 65, 91 97, 99, 101, 106, 109, 111, 113, ut, i10 alverybeay knows Uncle moker #}] the down east josea. headed “ Uncle it. he hae aay one standard wittietem, that bove ail the rest } et thowe| w: Ueole Bphraim’s 4 it a TONERS WE ann eireees ot be haa ail his boots made there, | ten; Richmond, do for Portland; Dura We pub- | # TELEGRA PHIC INTELLIGENCE ‘Whit Raliroad to the Pacific. Lovisvitur, Nov. 23,1849—A. M. Mr. Whitney, the projector of a railroad to the Pa- cifle, addressed @ large meeting at the Court House, last evening, in explanation of his plan for building the same; and was listened to with prefound and marked attention, When he had concluded, the following re- solutions were adopted: Resolved, That we highly approve ot the plan of Mr. Whitney for the construction of @ railroad trom Lake Michigan, or the Mississippi river, to the Pacific ocean, and efrhestly recommend its immediate adop- tion Resolved, That the officers of this meeting are here- by requested to rign these resoletions, and transmit a copy of the same toeach of our United States Senators, and members of Congress from this district, who are hereby requested to give the great measure their prompt co-operation and support. Late from Yucatan—Basulities between the Whites and Indians Renewed, Bavrimone, November 23-9 P, M. The Southern mail has brought us New Orleans papers of the 16th, which state that private ascounts from Yucatan report that hostilities between the whites and Indians had been resumed They also state that the Mexican schooner Adel, formerly the American schooner General Washington, was near Luguayra Appointment, Wastuneron, Noy. 23~5 P. M. Charles R. Bailey has reovived the appointment of Collector at Natebex Miss, view Hutchinson, resigned, The Levin C Bavtimone, November 23-7 P. M. In the case of Mrs Levin, the jury have rendered a verdiet of $30 fine and costs, aud also @ fine of $10 on the man who held Fite's horre. Arrival of the Ohio at New Orleans: New Onreans, Nov. 22, 1849, ‘The eteamship Obie arrived at New Orleans on her $th day from New York—stopped one day and a half at Havana; running time via Havana, 7's days; direct running time from New York to New Orleans, less than six days. Railrond Accident. Bavtimone. Nov, 23—A, M. The worning train from Philadelphia ran over a log near Havre de Grace, breaking ene of the cars. The train was delayed from connecting with the Southern one. Trial of Nathante Chitds—Fire, se. Sr. Lovis, Nov, 23, 1849. ‘The evidence on the part of the State in the ease of Nathaniel Childe, was closed to-day. Nothing but cir cumstential evidence was elicited, The testimony for the defence, it is understood, will not occupy much time, as there are but few witnesses to examine, A ver- dict of acquittal is expected. A large fire occurred at Vandalia, a few days since consuming forty dwelling houses and @ etadle. ng Counterfeit Money, Bostox, November 23, 1849, Moses P. Squier and A. Winchester were arrested here this morning, for passing four bills (two's) altered to one hundred, upon the Broadway Bank, New York, toa broker. They gave bail in $2,000, for examination. Arrested for Pu Marke Bavtinone, November 23, 1849 ‘The produce market is quiet im consequence of the continued delay of the steamer. Burraro, Nov. 23—6 P. M. Receipts since yesterday: — Flour. 4.500 bbls.; corm, 6,60 bushels, There i not a great deal doing in flour, and the warket favors the buyer; small ealey were made of Michigan, ot $4.25. Wheat is firm, with good mill- ing inquiry; eales reach 30000 bushels tneluding Chi- ceo. at Glo. » 6de, and Ohio, at S5e a569, Ohio whishey is quoted at 23¢, Freights—Vor flour to Alba- by, 75¢ is asked. Atnany, Now 23—6P M. Receipta since yesterday:—Flour, 8,000 bbla.; corn, 6.500 bushels; barley, 9,000. In flour there is @ good business be 8 and the market is without chan; sales add up 3.000 bbls, at the quotations of yesterday. ‘There we es of wheat wortby of report; holders are firm, Corn isin moderate demand, at 600, a 6lo for mixed Western, and 624;¢ for round yellow; about 8500 dusbels sold. Rye is held at 67¢., with salen of 1500 burhels, Barley is in fair request, and market better; rales 16.000 —, prime two-rowed at 6lo. Oats are Drm. id in steady demand. shi ee lite New Onnvans, Nov 15. ived—| N Hi Wolfe, NYork. Arrived—Bark N Bf Wel ee Now M. amship Southerner, Berry, NYork; ship Ex- Bostow, Nov 23. nd Telegraph, Tangier, Arrived: change, do. i—Schrs Northern Light, adelphis. rigs Onenango, Por- ailly: Ma~ ‘Sehte, N York, Arnved—Sebrs Ambassador, Fredericksburg; Mirror, Albany; Jon Ship Triton, North Pi Eve Asrived—Brine Worth Ameriea, ate row x, Nov 2. Mach be od Brice. Nov 92. San Franciseo; sehr Exoel, N Ponrnann, . Newnvavront, Nov 22, Arrjved=Sobr Herron, Phila Cicdred=Bark Hy tlander, OC Nov 21. Proweo= Honoens’s More, Artived=Brigs Oon Marchal, N¥ork for Boltust: th pavid Pratt, Philadelphia Sailed All the shove. wed by, 22d—Sohr Rxpres? Arrived and Sailed —Seb vincetowa for Vine on N York for mange ‘esved by— Brix Georgiana, Norfolk for Bo: ton. Haveon, Nov 2. a Rio de ry Ann, and Kokeno, tae, do for Nerfolk; Mount o ne ke Byron, Baru, Noval cola, Baltimore; Os. Paoviprser, Nov 2. folk: Queen. Baltimore: Ja telphia: © C Zabeis~ N York 4 Adonis, Albany; Tecumseh, Mary Melon, eed Betas Coral Wavana; Apala cesla, NYorb. Arrived Sebri Nobie, Joho P hie Scien tloc be Caroline, and *y'ph N Vork Boiled-Sehre Albert Thomar, Virginia; Diamond, N York; slo. p Providence, ae. v6 o aistor, Nov 22 % Arrived—Schr Wm Thomas, Philadelphia; sloop Chief, N vork. Ch: ries Menry. ond Sear P id Whede Island Albany; Spleadid, or Ship Narragenret b RY LANROUS ooo Knox HateeThot a G man ean be Drown by the hat heweors, oan no loncer be dowhted. The we have admitted the fast. Ttis ly man who can give yous th hrongh one recom ood and cheap Boots: Bots we y and Boots worth $8 he got for Cork Fote, Water Proof Double Sole, tnd Pine French ealf Roote: 1% style. cher per t jtont — Three Thowand Overconts, syith Heh, | 4008) pire pings, $) 0 She 2.000 Ve Ail bought for cash, with jodament., We are oqnal Live te che man for a 0 cent vest. as to him who wa t Store, corner of Naseau gore garments in hip. Ratabl Hal Daguerresn Gale wld be vieiled by at who have soerimens of thi The Plumbe Sa lorry, No, 2 any desire in the hands of the oldest arriet in the lifelihe appearance of Mr. P.'s Portraits renders them in= valuable. wei Strangers and citin Pref. Vingw the American Institute, was awarded in favo v, corner of Broadwa: ton street, where are invite ‘specimens, * Spanish Class, postponed gn account of his indigpesition will commence this (Satur. | G5y) «vening, at 76 Chambors ra vee Tri! The m rop.—The Original artiols, invented hy @ Jers, fo favorably known to the publi tor th rs can be obtained at the fubeoriber ‘iseount tae 7 Hroatwey, California Hous Portable and other California Bouges aud Stores, equal te, and as cheap ae item | s ROTH, t& Myrtle ave, Brooklyn, rs ae iar ie See eT id Hin! pt Ny eet at woe i paid LT 0 cents to 3 Treose os are | } | Pareed, that the rye | work well and we therefore opposed its adoption, One We The Weekly Heraid will be published at nine o'clock this morning. Its contents will embrace all the news’ of the week—domestic and foreign. sixpence. Single copies, COMMERCIAL APPAIR MONEY “ARK EP. Friday, Nov, 23—6 P. M, Quotations for stocks were # little better to-day, and there was more activity among the fancies, ‘The bears do more to sustain prices thas tho bails, and if it was not for the demand existing for some of the faney rail- read stecks, to deliver ou contracts made some time since, and now maturing, quotations would settle down more rapidly than bas yet been realized, The bears are pow purchasing large d 2s soon as they have supplied thempelves, the market must fall, from itsowm weight, At the first board, to-day, Erie 7's, new, ad- vanced i percent; Canton (o, 3%; Brie railroad, 5 Harlem, '{; Reading Nattroad, 4; North Americam Trust, At the second board, Reading and Harlem went up ¢ percenteach. There was a sale to-day of one hundred shares of Horlem st 60, seller 12 months, equal to 58 at the maturity of the contract. ‘The receipts at the office of the Assistaht Treasurer of this port, tonday,amouptod to $40,185 66; paymenta, $33,602 13-Balanes, $7015,410 44, By experiments recently made to the Harrisbarg and Mount Joy Railroad, it has been proved that the Dau- phin and Suaquebannah enal is the very perfection of fuel for locomotive purposes, ‘This is a soml-bitamin- ous coal, and has lately been brought into market.— ‘The experiment referred to above, was successful iz every way. The fire was regulated by the able and ex« perienced superintendent of (he railroad, accompanied by eeveral gentlemen interested in tho this fucl for steaming purposes, Although the fire box was copstructed for the ase of wood, the combustion of the coal was so rapid, and the flame so intense, that steam was generated 10 an excess that required it to be Diown off frequently. Even while going up grade, and both pumps supplying water to the boiler, the s' was in such excess a8 to be required to be blown eff.— ‘The railroad tothe mines will be finished In a few weeks, and an inexhaustible supply awaits the indus. try of the miner. The organ of the government at Washington admits. that the deficieney in the treasury has not been osca~ sioned by an insufticieney of the current revenue to meet the ordinary expenditures of the government, but by the extraordinary expenditnres growing out of the Mexican war.and the treaty of peace. It appears therefore. that the government admits that the present tariff produces revenue enovgh to meet the ordinary expenditures of the Treasnry Department; but an ef- fort is nade to throw the entire odium of the deficiency upon the previous administration. and attribute it to the under estimates of Seerrtary Walker, of the cast of the war, in his calls tor loans. Mr. Walker was sure t? be within bounds He did not cail for more money than he really wanted for the time he, no doubt, thought the resources provided by Congress suflicient: but the final settlement, or final adjustment, of con- tracts, in ware, as well as in the construction of rail- reads. generally amount to nearly as much as the orl- ginal sum sgreed upon, There is no doubt but that, im- closing up the Mexican war contracts, @ sum larger than previously estimated has been paid. The treasury bas, therefore. had greater drafts upon it tham contemplated. and the deteiency is already quite large. ‘The government asticipate a deficiency, at the close of the fiecal years ending Juve 49, 1860 and 1851, of about twenty millions of dollars, which added te the deicieney on the Seth of June last, will make an aggregate of about thirty millions within the uext eighteen mouths, Now, the calculations which have been made in arriv- ing at this result, are, iu our opinion, rather equivocal; and they are spread over such a length of time that the result anticipated may never bo realized. It is ime possible to tell what may be the course of our foreign trade during the next two years; no one ean tell whe- ther the revenue from customs, next year, will bethirty or forty millions of dollars and it 14, therefore, the height of folly on the part of the government to make such estimates, It is stated, by the wicked and hard- hearted organs of the opp sition, that the object of showing such a great defoieney is, to ke it appear that the present tari dees not produce revenue enough to answer the purposes of the government, aad that certain alterations are necessary, to provide for the sresent, and all future deficieuol Die enough, and may be true; different view ot the question The government | have, no doubt. ealeulated upon a deSoiency, and wish | to provide for it at once; but if | guide, it is not the belief of the cabinet that any alter- | ation of the tariff would inorense the revenue from eus- | toms. The ebanges the government will probably take its organ as @ propose, will bave « contrary cifect; they will be caleu- lated to reduce, rather than add to, the income from duties, That the changes rec ommended will be of @ protective character, we do not for a moment doal and the effect of such changes will be by no meang favorable to revenue, ‘The administration profess to have a great horror of the ad valorem system of levying duties; and the Seeretary of the Treasury will, without doubt, re- commend the adoption of specific rates, so that about the vrunl mixtere of the two systems wiilextst, It wae our impression, before the ad calorem tariff of 1346 wae ro, if wade universal, would not ‘The rerult has confirmed our fret impressions, and we have no doubta partial return to epeciés duties would be bailed by the commercial elasces with joy. Under the od valorem system, so much te left to the appraivers, in the valuation of merchandise and such & disposition is exhibited by importers ta ine yoloe goods below the aotoal and real value, that the greatest difficulties have, from the start been expe- reneed. and innumerable complaints made to the go- verpment by the importing classes Tho arbitrary valuation of goods by appraisers when the invoter price was known to be below cort bas in many oases, brought the government and impcrters into eviliston; aod evil We know of handreds upon evil bas bren the result of cares where goods bave been upon appratser’s valuation, under proves take many years to dirpose of the claims which have been and will be preferred against the goverament for exerrs of duties paid, Ad valorem daties are best in majority of caree—perhaps in nine outoften,; but there are cases where specific duties are absolutely necessary, not only to prevent fraud. bat to ed such taeilities to importers as will inorrase importations and enlarge the rey In all cases where there ie a wide margin for reducing the lavoice price of goods, or where it Is dificult to fix # valuation in the port of entry, epecitic duties are derivable, or rather absolately meceseary, We avnexa list of articles that occur to us, at thie moment, upon which specific duties should be levied, | vin: brandy and distilled eptrite cordials and all other spititons beverages, wines of ail kinds, ale, beer, por~ ter, &e.; epices of all kinds; from and steel, not manu+ factured; coal, tobacco, ergate, manufactures of flax, hemp, tea and coffee. giass, clase manafac- d copper. The diffeulty of makings fair valua- tion of there, and other articles of similar character, calls for a change in the eyetem of levying duties, and the only fair and just ystem is the specific. Inthe valuation of wines and liquors of ail kinds, for the par. pore of axing the proper rate of daty, it is impossible to ratiofy ell partion The importer of brand of champagne, for instances, vaines it in his invotce at @ price absut helf what other je are selling in the market. The sppraicer feels saticfied that in comparl- ron with other brands, this i# uodervalaed, and, there- fore. places a value on it, and levies the ad ralorem duty accordingly it is poseible that the invoice price wes what it actually cost, and the duty showld have been caleulated on it at that price; and If so, the importer will bave been very unjustly used, and the valuation of the appraiser of the most arbitrary and tyrannical vatare Hood 4 thousands of such cares have occurred withia the past three years; and it is time these evil: were remedied. The only remedy is the substitution of epecifis for at relerem duties, in all instances where the actaal value is m matter of dispute aod misunderstanding liable to take place betwren importer and ape Praiver, On moet staple articles of importa ton, the af velorem principle works weil enough, and should be adbered to; but we certainly are in favor of the epecitio aystem In esses where there is no fixed, or where it is dificult to establish 4 oomparative ratme— upon articles that are seldom im; octed —and in instances where importers ean, undet the ad valorem duty, de. 4 the government. Wo have no doubt but that the adeption of the specific system, ia enth oases as ve eiluded to, weuld largely imerease the revenue from cusioms, reduce the average rate of duty, simplity ties of appraisers, prevent frauds, aad give