The New York Herald Newspaper, December 30, 1849, Page 2

NEW YORK HERALD. Berthwest corner of Fulton and Nassau sts. JABES GORDON BENNETT, PROPRIETOR AND EDITOR. THE DAILY HERALD, 2eents per copy—8T per an THE WEEKLY HERALD, for Circulation on this Con= Winer, is published every Saturday, at 6 cents per copys oe $3 per annum ; for circulation in Eu prin in Pronch and English, at 6% cents per copy, per an The DOLLAR WEEKLY HERALD. every Monday, 2 ents per copy, $1 per annum; sz copies to clubs, Ge., Sb per annum ‘ VOLUNTARY CORRESPONDENCE, containing im- portant news solictied from any quarter of the world ; if Reeds will be liberally ‘paid fers ‘NO NUTICE taken of anonymous eommunications, We eannot return rejected communications. ALL LETTERS by mati, for sndscriptions, or with advertiscrmente, to be post pald. or the postage will be de- ted th PLR TISEMEN mable, prices the pre~ remit RTISEME prictor not res "AMUSEMENTS TO-MOKROW EVENING. ALIAN OPERA HOUSE, Astor Piacs.-—Luorects TA. BOWERY THEATRE, Bowory—Tur Foon Musurreens, pBROADWAY THEATRE, Brondway—Vario—Biso or ‘aseace. NIBLO'S CARBDEN-—Fo! BURTON'S THEATRE, Chambers street—Baxacn or Puomisa—Havaren Maw—Banra Cvave, NATIONAL THEATRE, Chatham square—Trnony Ror— Cykisrenine—FemaLe Guann~Jacx Roniwaon, OLYMPIC THEATRE, Broxdway—Merwinxs I See My Farker—Devru oy Paniws—Maeic Anuow -Joun Donat CHRISTY'S OPERA HOUSE—Erwrorian MinerRetay, AVEWICAN MUSEUM—Amvarve Penronmawcrs Ay- TENKOON AND EVENING. SOCIETY LIBRARY—Macre Anr—Vawtartoauimt,&e. ASTOR PLACE Ci ovEas~ ZaiwaA—Raovn, S—KaveATRI AN PORPORMANORS. New York, Sunday, December 3U, 1949, “NEWS FOR CALIFORNIA. Affairs on the Atlantis Coast. KLY HERALD. The splendid steamship Empire City, Capt, Wilson, will leave this port on Wednesday next, at three o'clock, for Chagres, with the mails for the Pacific, The Weekly Herald will be published at 10 o'clock on that morning, It will contain the President's Mex sege, the Reports from the Secretaries, the latest news from Europe, the marriages and deaths in the United States since the departure of the last mail, the Lat of | vesgels that sailed, and the names of passengers who have gone in them, and a variety of other interesting matter, Single copies, in wrappers, sixpence. please hand in their orders on Monday—or on Wed- netday morning, before 9 o'clock Agents will The Steamer’s News, The steamship Cambria probably arrived at Bos- ton some time last nght. When the telegraph of- fice closed last evening, she had not made her ap- peerence. The Postmaster of Boston will, on her arrival, despatch her mails by special express train to this city. The reports of the Liverpool cotton market, re- ceived over the wires from Helifax on Friday, were rather deceptive in stating that cotton had im- proved an eighth ofa penny. That was probably | the advance in the second week of the steamer’s news; but it appears, on comparing the quotations which fortunately came over the line, that there had been, from the Ist to the 15th instant, a decline, instead of an advance According to the telegraphic accounts, the quota tions by the last and the previous steamers,were as follows :— ir Upland. r Mobile d. to jd., and not an advance of {d., as the market report given | in yesterday's popers would lead the public to sup- | These rates indi decline of pose. Now that two weeks intervene between the departure of the steamers from Liverpool, the tele- grophie sgent at Halifax cannot be too carefal in satisfied whether a commission ought to be grant- Ingunction oF Sgcagcy in Tus Parawan Cass ed, or not. —Tusx Pouicy or Dssrorism.—Sinee the injunc- From our personal observations of delays, and | tion of secrecy was laid by the Coroner of Boston the accumulated number of untried cases, we are | on the jury of inquest in the Parkman case, perfectly convinced that a new criminal court | have had frequent occasion to differ from that wor- should be organized in this city. The Oyer and | thy functionary, on the-propnety of his course of Terminer 1s now held before a Judge of the Su" | action, The main argument alieged in favor ot preme Court, and two Aldermen, whose presence | secrecy has been, that, by making the facts is compelled by law, but of whose knowledge of | brought out public property, the mind of the com- legal intricacies 1t is no offence on our part to | munity would be prejudiced, and no impartial hear- entertain some doubts. The caleadar of the Cir. | ing could be had when the case eame to trial. cuit Court, over which the same Supreme Court Now, it would not be difficult to show that this Judge also presides, is still crowded with hundreds | reasoning is utterly without foundation, even were of cases, although, during the present term, the | there no historical precedents to argue from. For Justice has sat, sometimes, till 8 o’clock. That | the commonest readers of the annals of despotic court should be relieved altogether from criminal | governments know that, under the same plea, ty- business. During the past three months we have | ranny has in all.ages sought justification for its known one criminal case, in Oyer and Terminer, | deeds of cruelty and blood. Even as far back as to have consumed nearly four weeks, and others | old Rome, her courts of justice were never held to oceupy the Circuit Court upwards of seven or | in secret until the integrity of the republic was de- eight days—perhaps a fortnight. The private | stroyed. Togo back still {urther—it is known to suitors in the Cireuit Court are thereby delayed in | all scholars that the practice of all oriental nations, obtaining a hearing. This is unjust to them In the Court of Sessions the Recorder presides, from the time of the fouader of the Hebrew na- tion, has been to administer justice at the gates of with two Aldermen. The same functionaries also | cities. No privacy was admitted in the investiga- hold Special Sessions, for the trial of small of fences. The Aldermen have so many legislative duties to transact, they cannot attend to the legal tion of crime. It was coaceded that ia every trial for crime or a breach of the civil laws, the indieted man had the right of a public examimation business of the Sessions in the afternoons. With | and a public trial: Impartiality, it was conceived, all industry on the part of the Court, it is im- was more likely to be secured by public than pri- possible to execute the business. The only way | vate proceedings. This was the law of reason to rectify these evils—to afford speedy justice to | and common sense, and the experience of all na- all—is to give usin this city—where crime 1s on | tions has confirmed the opinion. It was a practice, the increase, and criminals are setting the law and | too, which the earlier nations adhered to with as the repreeentatives of the people at defiance—a new | much earnestnes and tenacity as the Angle-Saxons court, with three judges learned in the law. | insisted on the right of a publi trial by jury. The The courta of this city have not been changed | same spirit is manifest in the English and Ameri- since the commencement of the present govern- | can nations, in all their judicial proceedings. ment, (except by adding the Special Sessions,) | Nothing excites more euspicion of unfair play, than whilst our magistracy and police have been in- | secrecy; and in judicial matters it 18 seldom culled creased, our prisons enlarged, and every other | for. We have said that secrecy in such proceed- power connected with legal proceedings, aug- | ings 1s the policy of despotism—and we will prove moking up his summary of commercial news. if the Combria’s mails arrive to-night, the correct | market report will be published im to-morrow’s paper Criminal Jastice in New York=The Law's | Delay—Its Remedy, | which attends trials in this city, hos | The dels mented. We understand that Judge Edwards, and other judges, together with our indefatigable and effi- it. Our readers are familiar with the fact, that ia every tyrannical government of the world, the doings of courts of justice in all criminal cases cient Distriet Attorney, have called the attention | are conducted in private. Such was the case with ot the Governor to the subject of criminal proce- cure in thes city; and if our suggestions are in ac- cordance with their views, or can aid them in their desire to supply this desiderataum, our labors will be amply rewarded. Crayton anp His Dirromacy.—If any new proof were wanting to show Mr. Clayton how the American people regard his heartless trifling with the cause of popular liberty in Europe, it has now been furnished. This celebrated politician, who, by some fatality, has been foisted into General Taylor's cabinet, to the exclusion of many other greater and better men, has, it is pretty generally confessed, made a sorry figure as a diplomatist. He has, in Paul Pry style, been sure to mistake the occasion and time for action. He has become equally notorious with that illustrious negotiator for delivering his despatches to fhe wrong persons. The despaich which he should have written to the English minister, for bis bold and outrageous pre- tensions to Central America, he wrote, in a fit of spleen, to M. Povssin; and he found himself in the mortifying predicament of the second in the duel who got up the fight with the wrong person— of the Irish seeretary, in the play, who put the love letter to his mistress in the envelope directed to the banker, and sent the draft on the banker to his mistress. To make this Irieh diplomacy still more complete, he sets all the machinery of the govern- ment into operation, to stop a few adventurous spirits from sailing to Cuba, to aid in the cause of liberty against the rotten tyranny of Spain, huat- ing up, meantime, some obsolete law to justify the deed; while, true to his sympathies with despotism, he looks coolly on the sserfice of Hangary to the remorveless tyranny of the Czar. But this tis- sue of diplomatic bluaders and follies must have anend. Mr. Clayton may fawn on Mr. Clay, and flatter Mr. Webster, and cover Seward, the abolitionist, with the softest possible kind of soap; the game is not likely to prove successful. Much as these men may respect General Taylor person- ally, they cannot be expected to entertain mach regard for his Secretary. The old proverb, “ Love me, love my dog,” will serve on many occasions, but it is not likely to hold good here. It 18 asking | too much. The public acts of the chief Secretary | must pass the review of the Senate, as they have of the nation; and they are sure to meet the most unequivocal condemnation. The republics of Rome and Hungary have gone down in blood and the so-called court martial which condemned King Muret to death, after he had landed on the shores of his once Joyal Naples. Such was the case with the criminal tribunals of the republic of Venice; | (it should, during the two last centuries of its exe istence, have been called the oligarchy ef Venice.) We have all heard of the Council of Ten, which so long held its bloody sway over the lives and for. tunes of that el®@gant but unfortanate people. All the proceedings of that terrible council were con- dueted in secret; and what was the consequence ? Not aman in Venice could go to sleep at night, with any certainty that his slumbers would not be disturbed by the ruffian hand of the spy or the exe- cutioner. No illustrations are drawn from history, more terrible than from the bloody records of the republic of Venice. Ten men ruled that devoted city with azod of iron. Ifa great or an obscure citizen disappeared suddenly, no one knew whe- therhe had been sunk in the lagoons, or slowly tortured to death in the prison of the Bridge of Sighs. All that was known of him was, that he suddenly disappeared ! Even to this day, secrecy has been the grand adjunct of despotism in every part of Europe, where tyrants have held sway. It was only ten days before Pio Nono was unexpectedly elevated to the throne of the Catholic world, that the Jesuit inquisition held its midmight tribunals under the Collegio della Propaganda of Rome, over men charged with republican tendencies, and, one by one, the noblest and the best men of Rome were put to the torture, and slowly racked to death. Privacy of judicial proceedings has always been the policy of despotisms. Tyrants have always loved darkness rather than light, because their deeds were evil. But it does seem strange, that in our own Ame- rican republic, where publicity in judicial trials the republic, and one of the rights of citizens, so new, and we must say, so dangereus a principle should be adopted, of conducting a criminal tral in the privacy of a courtroom. Some special and very apparent reason should be adduced in jus- | tifleanion of a practice which has hitherto been re- sorted to only by the disciples of despotism. The alleged justification in the Parkman case was, that privacy would leave the public mind free from prejudice, while to divulge the evidence eli- cited, would create prejudice, and render an im- partial trial less probable. Anything might be called forth public attention to eur courts of crim. | gloom, when a corps of efficient representatives in | good reasoning, if at were not evidently false. Und the present system of | mmitted, the time of all | risdiction , when a crime is ¢ law parties who have any knowledge of the facts is | continually wested in attending betore the magis- | trate—the grand which tries the indictment York, the Court of Oyer courts of General and 8 ons, for the trial ges. In the last named tribunal | about sixteen hundred cases have been tned, and in the other two courts neatly five hundred, during | the past year. Yet many of—many part scape, fr part of the gr enees ary—end lastly, before the court | We have in New and Termiaer and the ecial § of criminal ¢ | yw remain undisposed want of time on the | (l juries and the courte, to hear the Every frequenter of our courts must have noticed | ds of a prisoner to | pored when the elections be how many n sure in the postpone and delay a triel. In the Astor Place riots, days were wasted in challe man who had heard or read any action, or of one of the most conspicuous of the prisoners, was challenged d writing were considered great disqualitications for a juror, by the prisoners’ counsel. Obje to imony, and to the indiete notin the least affect th the accused, and di i sumed much time in being heard the lawyers delivered speec The consequencejt oll this was, thatt weeks; whereas it might, nay, finiehed in a day or two, at most couse is bre all wines California aed Canton Reading ctions were made nt, which could ailt or innocence of upon these poiuts esi Aad | # for several days trial lasted , howe been Bat before a s not observed the n the @ 20 to trial, whe b me the trial, * or of counse , and for commissions to 1 These are not all the ob- natice. Af a bill of exceptions, or a writ of error. jndge who never heard the cas stacles in the way of r trial, there i ne onet orders th to be re don bail, or stops the Sheri! from tiking him to the State prison; and the whole case is carried before the Supreme Court, where delay in 18 granted to t risoner j It will be argued that this is all necessary for the protection of innocence. It is not. These are ooly means for the guilty to escape. The most complete justice to an accused, it innocent, is speedy trial—if rich, that he may be exe ted from the odium of suspicion ; if poor, and without means of bail, that he may gain his liberty and his reputation. Justice ought to be so managed that the rich and the poor should be ated equally tr Under our present system, the rich r can carry on the war against public law and order The poverty-stricken petit-larce into prison in the twinkling of an eye A remedy must be provided somewhere, and the Legislature should interfere. This indiscrinn- nate challenging of jurors should be cheeked by a t if the court be iror’s oath, that notwithetanding what he may have heard or read, he would deliver a verdict “ac. to the evidence,” and if he had no settled opinion against the accused, he should be admit tedasa No delay of the sentence should be allowed, unless the Judye and the District At- torney certify that there was euch doubt ia the case as would warrant its being reviewed by the Supreme Court law declaring th cordin uror When a prisoner applies fora commission, he should be compelled to set forth what he expects to prove by hie witneeves, co that the court may be | aloe | iy wretch is cast | rd by the j Europe, with proper instructions, mght have saved them. But, instead of this, we see a swaggering bully sent to pay Mr. Clayton's compliments to the buteher-in-chief of Anstria; and all the justifiea~ tion that can be urged in the case 18, that he is bet- ter qualified for that mission than any other man in North America. froin the State Prison by the pardon of the Go- vernor, 18 surely the fittest representative to a court, whore chief agent has, by his inhuman buteheriee, curdled the blood of the civilized world! But the chief Secretary of the whig cabinet will on be stirred from his torpor. He has done what | he could to wreck the popularity of General Tay- | d the honor of the republic. It was enp- n, and one State men who were yer after enother sent to Congr ng jurors. Any | pled ved to vote sgainst him and his acts, that he | Keeping the facts away from the public, impartu hing ef the trans- | would have tempered the ferocity of his policy. | ty will be gained, it Is just the way to render it Bat he seems to care little for the opinions of his countrymen, or of mankind. He has, however, cenceived a species of alarm at last, | and we hear of bis being out “late o” mghts,” n paying court to the veterans of the whig party. Ile hopes to manufacture, ia this way, capital } en ip hom thro: the first legislative the will find ita difliealt matter. The onthe of his Seeretaryship hasbeen a error, more merciless than that of Robe. speirre. He has, from all accounts, seat some five thourand heads rolling from the plank of the guil- liotine. He must, withia the next ety days, ask the Senate to sanction the grand immolation. It is a very modest request, considering the quarter it comes from! erie) firet te reign of ‘Tue Kexiveny State Co -We gives in our columns tod of the Kentucky State Convention for the re- vision of the constitution. That body, it ap- ears, ha its labors, and the amend- ents to the constitution, whieh have been pro- d,are decidedly of a pro-slavery character. At the next election,when the new constintion willbe submitted to the people, for their ratidcation or rejection, the democrats will take iesue on the slavery question. 1 excrement in that & t, next election for State officers and members to Con grese, a poiat of more than ordinary interest. ENTION terming | | Morr Sire Messrs Howinnd | & Arplowall dispatch this morning. a neat little elde- wheel eteemer, built expressly for the Pacife. and le | designed to ply betwoen the [sland of Tobazo, the depot | for the Pacific mall steamer, and Panama, The com | pany will also send the fine steamship Carolina to the Pacific on Satu diy mext She tsintended for the reg | gular line between San Francisco and Panama, company will bave. in sixty days feom this, #'x eplen- | cid vercels on the Isthmus route ARRIVALS AND DEPARTURES, M. Stoddard, Providence; M. P. Prowt, Kart Pewkshill: © H Oleost, PR. Chander, 8. Navy, are | | ‘The Hotels. | er, Thos. Ne H.W. © Lieut rivals at the ( linte n ieq, E Lowin; | | | The Legilature of Marrachusette will meet on the 24 of Jenuary proaimo, A man who has been saved | , the closing proceedings | Secrecy has been observed—nominally at least— and yet thousands of journals printed in this coun- try furnished overwhelming evidence that no se- crecy can be obeerved in so exciting a case, where all the passions of the pepalar mind are so deeply | stirred. In proof this, we have only to allude to the vari- ous rumors that have been afloat since the Co- | roner’s jury sat for the investigation. One by one, portions of the evidence have leaked out, and when no more could be got at, it was invented. | In the absence of a clear history of the examina- tion, the fancy of the public amuses itself with in- venting and imagining facts, some of which are ingenious and probebly true. But ia the mean time, a still deeper and more unconquerable preju- | dice is raised throughout the country against Pro- | feswor Webster. So far from beleving that, by | impossible. The only eure for prejudice 1s truth. | Itas useless to say that the more facts we have the | more we shall be prejudiced. The contrary hap- ns to be the case, exactly; and the Coroner of Boston will make the discovery before this case is fally disposed of. Our Key West Correspondence, Key Weer, Des, 22,1549, The Wrecking Business ~The Losses this Vear. I bave thought that a line from this place would not | be unaceep! | ly, gathered a few als which may prove accepte- bie to business men. You are aware that the princi. pal business here grows out of the numerous ship. ways ope Ihave already w! rge clacs of ed the adjudi itmesned the trial of seve. reons, called Wreckers, are con- | | | reculated by Western New York man asf ‘k. De. Pink ney. Florida owes much to our and not the least of her deb judick anagement of these wreckers by Jude: 2 York bas also given nd clerk to the other U ® 8. District Court in tee as I learn. througbout the state, ubmitted by Mr Aisllory to this co, in the argument of « ralvage enue, | rarn that the wreckers have lost money this year, They Dave actually expended + 84.900 And received invalvege but... sce. ee eo The thiee hundred men employed, have received per mouth... .. 6.6. ‘Whilet the owners ba of their versels, businers, The people here t | eee sees 9088 » nothing for the wear and tear As at present conducted, it le a losing Ik of wrecks instead of politics, Nequittat oF Jon Tat tsrapo net pre — in May Inst, ae will be recollected. the Troy carn ren off the track in Saratoga county, killing the engl+ err and becly mutilating the fireman, (nformation reeiding nenr the rond where the accident happened, who wae errested. and ¢ubsequently was in tourder, ‘The trial eameon fast week at B fore Judge Wright, of the Supreme Conrt erinet vr, Tal Joseph Daltrey, alias George Parker & men wes found in W known both ef Mr. Calln where they tnetaiaed bad cbarseters grees of the trial, it became manifest that the reward Offered by the ratirond company, teinpted there mon to charge \r, Tallmadge with tate No doubt was Jeft on the minds of the court, jury his entire innocence. Judge Wright, om rer erdict of the Jury. congra plete establishment of his innocence; stating that on bie release from prison, he would go back to his friends with a vindicated and unblemished repo. tation. On footion of the Distrlet Attorney, Judge Wright ordered the immediate arrest of Phayer and Belrrey for perjury. Thus, after six monthe ao ment. end at an expense of $2,000 im preparing his de. feveo, Mr. Talime omes forth free alike from pun- iebment and repreach; and bie wicked sccuvers take his place in the prison to whieh their perjaries had 1d bins. stibany Journal, Dec. 25. ‘The wit. ge, were Jaman Vhayer and Providentiatly, ington county, who had aes accusers in Ireland, has, from the beginning, been the avowed policy of | je to your paper; and have, consequent- | was lodged ogainet John Tnalimadge,a reputable farmer, | | | to be pretty goo irge and costly | he present jadge, ix a | lao Daring the pro: | | burying grownd. job youre bn the Wires, From the St. John (N. B.) Courier, Deo. 23 f TELEGaarMic es SWeeees ar Last The the subseq' ithout the aid of avy person in the em me, which a host beam adopted by hae in me. 1 ones F pl had resorted rating the wire, and ny prevent their connection ‘to be brok: and 6ul ing & piece of wire fitted for the purpose, when the connection was to a ii undertaken rted by a tree, he had y discovering the cord, &s ‘The directorr, on being mad re of what had been ed bigh conetab! itockford to watch ‘ht, and arrest whoever might come to in- the wires About 12 o'clock, Stoek- 0 kad Iain alongelde the fence for ali espied a person in the tree, wi evidently about the wi down; after a Jitth as if to apprt og nswicker offi has since been employed occasionally in and about thet establishment 1 . while in the watch-house, Ander. ing been at the at, and stated paid for it. aa there were parties who did net mind four or five hundred, or even a thousand und, to have thelr ends accomplished. aud that if e was sent to the peniteutiary, he the rate of three or four hundred por He underwent an examiputiou at the pol Monday, before the vapandiary magistrate, tere. Keq., and. aftera lengthy investigation, mitted to jail, to take bis trial for felony. at the coar of ee 4 and Terminer, to be held in this city next mont On examining bis person. a letter was found in his peeket which he had written im the watch houre, ap- prining Mr Till of bis having been “nabbed at last,” and requerting him to come and see him. From this letter, and other evidene 4 documents which have since there fe no doubt of the identity of some of the parties In this city, who have been aiding and abetting in this nefarious buriness, and it is believed that some clue bas also been discovered to a party at distance, who 4s equally guilty in th . ‘There being & question whether, under the law in- corporating ‘he company, the crime is pupishabie asa felony, it not being embodied as such ia the crimioal at the last session of the Legislature, His DOr Obiet Justic: that the prisoner ay be liberated upon giving bail in the sumof £100— himrelf in £500. and two sureties in £250 each—for his nee at nary court; but as yet, we be- he requized securities have not been produced. nd from facts m_ discovered, fair. City Intelligence, Tur Huxcamans ano tHe Mirtany.—The commis- sioned officers of the ficst division New York State Militia, have been notified by Major General Sandford, to meet to-morrow evening ‘to take into consideration the best mode of testifying their respeot and approba- thon of the conduct of the Hungarians, and of sympa- thizing in their misfortunes.”’ Tie Gorven Sanp or Carivonsta.—We hay a. communication from Messrs, F. & D. Fowlety tion to # parsgraph that eppeared fo yerterday Herald, about the gelden sands of Celifornia They Hate that parcel of cand, washed in Calttorniaas well as it could be, and such as 14 thrown worth. les, was remitted to them, in order to ascertain If it still contained pold; and it was found, upon an anal, th to the pound’ These pecimen of the sand washed in d, exeept that it ts exceedingly heavy, and particles molxed with it, thera {a vor other dark mopstrates that the gold of California is really inex- beustible. Probably one of the first treights from that regiou will be a cargo of sand, Tue Mercantite Linnary Associariox,—Last even- Ing a meeting of t. Assoeiation was held at Stoneall’s, Fultoe street. for the purpose of electing @ nominating committer, with a view of elect- irga ticket in opposition te the present committee and officers of the Association, Mr. Granden was called to the cbair, and recrataries and vice presidents having deen appointed # nominating committee of wes tppointed to make out & ticket for the officers and e+mmittee for the ensuing year, and to report to # future meeting. Resolutions were also adopted con- dempatory of the conduct ef the committee and offi- cers of the Arsociation, in violating ity constitution, and in closing the Library during the day, and before sundown. It was alvo rtated by some of the speakers that they re-elected seven out of their own number by a kind of juggle, and that they audaciously removed the books, including she subscription list, from the ia- spection of the members. The mesting, which was Jarge avd influential then adjourued. The resolutions will be found in another part of this day's paper. A Veny Svertciovs Box.—A box of a very suspicions shape and eppearance, was observed by several of the neighbors in the vicinity of the Chatham Theatre, te de I from the rewr of that building on Thursday J ing ground, which . pie! , and it was whispered about that the body of tome Christian might porsibly have been confined in that box and that hereafter rome diffteulty mig! at the final judgment, as to how the Christian thus ob- tained his lodgmient. This fact, on being buzzed about among the Je ¥ state of excitement. deputation, enrly yester oroper Walters at his resi ‘ttention imrmediately to th! be deposited in the J mp yetert but on second the It might, be thoughi tl, as the case may be, or jog, or in fact, it might ora of @ human body iy ise ht eubject for a Coroner to sit agen croner not ferling disposed to go & chareh in srareh of subjects. advised the messenger to sexton of that synagogue, who wo to disinter the box, examine the contents, found to be the remains of 9 n beiog, give the Coroner notices ace The bait at first appeared ut the Gootor would not bite. The cave porsibly would have taken better next month,— ‘Try it again, #0 noann Shite. The ship Philadelphia, Cap- okesbury. arrived yeaterday moraing, aed an- chorea at quarantine, She left Liverpool on the oth of November, with 069 ere, The condition of the vereel on her arrival, is eald to have been deplora- ble. Fourteen of the passengers had died at ses, and more than jiity were landed last evening at the marine Dospital, ond taken in charge by De. Stewart. Fort nately. Lhis well conducted hospital was fully prepa box contain? mn for their accommodation. apd the pbyricians there had anticipated the arrival of many tick. The long passa gee Which the pscketeare now making and the season Gf the year, render it probable that all ve riving from Eureye with passopgers, ¥ iil bring many sok. we Casm or Attroeo Lesacy —A married was lately brought to the Ninth ward ste lon ing drunk, ond was transferred from theace ander. Two matic arylom, upon the certificate, f two doetoce Who had never eeu ber table phyricians, (one of them « caudi le’ ination for the coronership) P: ly ed to ree her. and they pronounced her to be per- She has eighteen valuable lots of td that e@ writ of hebeas corpus is to d@ immediately In her behalf. SPRCIAL TERM. Tefore Judge Sandford. $e, 8, Joseph plaintiff on the isrues of law, vidams, te, Emanuel Lyons. ge —Jadgment and the Jemurter to complaint overruled, dant permitted to put in answer ia ut s attorney John Clark~Judament for platntit jemurter, with leave to defendant to move to ge the mar ter demurred to, corts of the demurrer 1. C, Elliott and C. H. Thackston ndante pubmit to examination par- Vatentone and Others — suant to the notice Jerome B. Johnson, 0s. All Orcered, that the matters bar the p Girmireed. a8 to the ead Abraba. nab his wite, . Atstssment of Dutics by the Treasury. Treastay Deranrstenr, Now. 17, 1540. Sin: Your letter, of che iith instant, has been re crived, and. in reply to your inqatry, | have to state that in all cases of importation, duties must be as+ tereed on the entire quaotity imported. Whenever the quantity imported is ascertained to exceed that specitied in the invoice, and no intention to definud the Nnited States appenrs, the m dive Will be admitted to entry, and the proper duties as reseed on the whole importation, Whenever the appraisers find the value of the whole importetion (including the quantity stated in the in- voles, ond thatin excess) to exceed, by more than ten per cent the value declared on the entry, the proper penal or additional dury mop: be exacted It te obvious that this penal duty will sometimes be coonstoned by the excess, aa, for instance, where the ortation declares in the entry, the value of the im- portation acco ding to the quantity «pecited im the in- yeice, and there proves to be a large exces, In fact, be- end that quantity the appraised value of the whole importation may not unleeyuemtly f=. to be more than ten per cent over the value so deciared In the en- try. and the additional or duty would attach Very rerpectiully, your obedient servant, (Sigeed) W. M. MSREDITH, Seoretary of the Treasury. Nav tel ~ oy ‘The steamship Maceachusetts,Com Knox, eailed fen Freneiseo on the let of November, for the Sand- wich lelands, for a crew of Kanakers, rations Down East—Cui- being heard bef gistrate, no do be diemineed ‘was shown by the aMdavite that the represen ore falee or fraudulent. Mr. | Sadirkt sum of $1 500 for bis appear- ince 'O TELEGRAPHIC INTELLIGENCE, — Highly Important from Washington. The Declaration of General Taylor on Slavery in the New Territories, Movement of the Southern Whigs, &eo., &c., KC. OUR SPECIAL TELEGRAPHIC CORRESPONDENCE. Wasurveton City, } Sarurvay Niawr, Dec. 29. Some of the Southern whigs have been consult- img General Taylor on the slavery question; and from what we learn of his opinions, if the neces* sity should arise, he will veto a territorial bill for New Mexwo, if it contains the Wilmot proviso; and approve the admission of California as a State, with the proviso included. ¢ It 18 probable that a territorial bill for New Mexico, with the proviso, will pass both houses this session, and a veto will split up the cabinet and the whig party; but it may save the country. We understand, in addition to this, that General Taylor thinks that the boundary of Texas should be submitted to the Supreme Court, and that, at the proper ume, he will make that reeommenda- tion ina special message to Congress. ‘The war- like movements of Texas against New Mexico would seem to demand an early movement on the subject. There is a manifest disposition in the Senate to bring out General Taylor vpon every question, and there will be a strong effort made to abolish the Home Department. It is reported that a committee from New York, and another from Brooklyn, are now here, ope- rating against the confirmation of Hugh Maxwell as Collector. a NORTH AMERICAN TRUST AND BANKING COMPANY. Decision ef the Court of Appeals in Favor of the Stockholders. Supreme Court Decision Reversed, Axnavy, December 29, 1849. In consequence of the great importance of this de- cision, and the excitement which has prevailed in re- lation to it, in your city, for some time past, I hasten te send you the result, as it has just been aunounced. ‘Whether this decisionfis final er not,is more than we can tell. It is the opinion of many that it isnot ; that the Blatchfords can carry it up to the Supreme Court of the United States. LEAVITT, RECEIVER VS. BLATCHFORD AND OTHERS" ‘The Court of Appeals have roversed the decision of the Supreme Court. ‘The Court directed that the trust deed, and the accompanying securities, were Segal and void, on the ground that they were made in violation of the act of 1840, forbidding banking asso- ciations to issue, or put in ciroulation, any bill or note not made payable on demand, and without interest. ‘The effect of the deciston is to destroy the preference which the trust gave te Mesers. Palmer, McKillop, Dent & Co, over the other creditors of the bank. The other questions which bave been discussed in the cause were not decided, but were left to be disposed of Jn the suit in which the receiver was appointed, From the Far West—Treaty with the Paw- neer=New Mormon Settlement, &. Sr. Lovrs, Dee. 28, 1849. Mr. J, H. Kinkbead arrived in this city yesterday, from # journey across the Plains. He left the city of the Salt Lake, in company with thirty-2ve others, on the 10th cf October. The party were not molested by the Indians on the route, nor did they meet with any accident. The snow on the Plains was very deep, or the party would have reached here several days sooner? After considerable difficulty, and « long talk, the military commandant at Fort Laramie has succeeded in concluding a treaty with the Pawnee Indians, which it was thought would be observed on the part of tho Indians, colovy of Mormons has been formed, and they have made s settlement two hundred and fifty miles south of Salt e Olty, Twenty-five Mormen preachers crossed the Pinins with Mr. Kinkhead. It is their intention to preach Mormonism over the whole world, and make new converts to Mormonism, ‘ke New Onces ‘There is a good demand for e of 6.000 bales, at #100; and fair were dlrpored of, at 1640 New Oniwas The demand for cotton, on Fr were 7.000 beles sold. at fall price: werk amounted to 89100 bal recetpls have fallen cfl 68.000 bales compared with ear, Sugar remains firm. Prime molasses has advanced to 105,c; bagging, 11340; rope, 6c. December 23, 1849. j Sales were middit Fotlee tntelitgence, THE DRURY CASE—NO DECISION YET. Before Justice Lothrop Distriet Attorney, Mr. At 11 o'clock yesterday, the 7 defence, met at the and Mr Clark for pe art, for the purp wrocreding with the charges cisation, Deury case we could not proceed with t ; magieeanhe until 10 o'eloek om Monday next. likewise refused to comply with the by Mr. Clark to call Mr, Warner and ton on the stand (We would here in justice to . that the reason given by him for net proceeding with t have dome in any other case #| the Atto uty Distriet At the proreeution ure by the advice of the the mangement of the any the prosecution was deaied by bes.) To this deci ment of the inagist ried up before the Supreme Court on damus. win Alleged Charge of False Pretences —A compiaint was made yerterday beiore Justice Lothrop, by Chris- fs + Gunther, No 46 Maiden lane, against A. L ieged charge of representing himself ton of a nobleman ia Hungary. and far- ie bad about $1 ings’ bank io t from the bank until March 18t d to have been returned protested. by Sadiehi = u T. s Caught in the et —About a quarter Bs morning, the 2sth facteet, three o'clock, om Frida; officer Jobo Carry wichout a light y opened the door, and the collar, and pulled low he store, he ‘The officer then rapped named William Ser who by the re, and brought the coney of the Sixth, rd were found three | evercoate, and two ve ioh he had put on in the store. They wer fully committed by Justice ‘Timprons called Charles Brown, night, in the act of breaking the lumber yard of Jacob rowae had | diated the bint thrown out by | Tenth ward, that members merely attend jor the pur- nightly, immense crowds, at this noble theatre. Im these pleese, the skilful manager of the Bowery has opened @.new vein im the dramatic arena, which seeme- to yield ar golde of alilorale:to° the’ bntecpetig mises eents, more genuine and pure dramatio pbeome, © ite oeneful jus in “ The Four- “ The. . in most of those productions, and mere speotacles, which are often re- sorted to by managers, in lieu of the genuine There is, in fact, something Shy in beautiful dramas. 'y interesting, aad: attractive; while the incidents are all of them noble, ‘There is nothing mean. vulgar, or melodrama ticin it We bail the introduction of ¢) beautitu: draws a6 & rare jnprovement in our theatres. Broapway Tueatne—Miss Cusuman.—The round of! charecters hitherto performed by this talented aetresa,. since her return to this country, comprises a great va-~ riety of the best parts of the acting drama; but tor there, one isto be added to morrow evening, which won for her, in Europe, her first laurels, We allude. to the startling, and fearfully effective character of Biavos. in the tragedy of “Fazie,” before which Imper- sonation, even the portrait of the Gipsy, “Meg Merri- lies,”? sinks into shade, fhose who bave not seen or~ read this play. will understaud it suffiotently from the following brief rketeh of the plot. Fasio and his wife, Bianea, area poor, but havpy couple; their rich old. neighbor, Burtolo, attacked ia the strest at night by Gstassins, takes refuge in Fazio’s house, where he ex+- Pires, Fezio takes the key from the dead man’s gir dle— precced’s to Bartolo’s house. avd makes himself” master of his wealth, Fazio by his newly acquired riches, roon rises torenk and distinction in Florence, and becomes the paramour of \idabella, a fas woman, whom be had loved before his marriage wit! Bianca, The latter. becoming distracted with jealousy, denounces ber husband us the murderer of Bartolo; and the body of the miser being found, as she indi- ontes. in the garden of Fx xio’s former louse, leaves no doubt as tobix guilt. Fasio admits the robbery, but denies the murder: be is eontemped to aatfor dent! ‘The sentence fills Bianca with remorse and horror ; she~ forgets ail her injuries, eu uses every meaos to save her husband's jife~but in vain, He ia executed, and the unfortunate Bianca dies broken-hearted, in the midst of a gay Cie, into which the wretched wife has aT op to beap her dying reproaches wpom Alda- lla, the author of ali her wronga and misery. Here, then, is scope for the full embodiment of Miss Cush? man’s towering gonius, which revels in the wild storm of destroying passions, ‘Those whe have seen her in characters of this description, can judge how she will portray the wife, burning with jealousy, torn by re- morse, and maddened by grief. Nivio’s Ganvex.—Yesterday evening, although the attendance at this magniscent tempiv of amusement was pretty fair. yet, in comparison to the audiences that have been preeent since the first representation of © Raoul,” a considerable decrease in number was per- ceptable, which, however, may be accounted for by the inclemenoy of the weather last night. Th tertain- ments connected with the daring and elegant achiev. ments of the Ravel Family oa the tight rope, whieb- were succeeded eotir ly petite ballet, oom pored by M. Briilaut, and called Zaida. or the Queen of lowers,” wherein Miles Bertin, Lehman, and Mr, Briilant, drew forth by their graceful dancing unboun- di plause, The amusements concluded with the- orgeous comic Pautomime of * Raoul, or the ” whieh received last night with as ever On Mou accomplished Prewiére Dan: her benefit. on which occasion a novelty and attractions are the Pantomime of the four Levers, the petite ballet of * Zaids.”” and th “Reoul, or the Magic Star.” We dentely crowded house. Borton’s Tueatke —Last evening the weather wae very unfavorable for all places of amusement, yet stills Burton's, a6 usual, beld its own, The house was very decently filled, and the audience delighted with the performance, which consisted of three first rate pieces— * Santa Claus,” a Christmas dream, the“ Serious Fax mily,”’ and the ** Laughing Hyeoa.”’ The “ Serious Family” was played, as on former ocensions. emid roars of lacgbter, Mr Aminadab Sleek, taken by Mr. Burton, was most capital; and the Polke cotillion was danced with much modesty, aud, as usual, encored by the audience, CHanrral TioNAL ToeaTne.—“ Murgell, the Land Pirate,” commenced last evening the series of enter- talnments given to the public at this popular and always crowded theatre. It was performed in pleasing. style by an excellent cast. Miss Dawes next danced El Jaleo de Xeres in fascinating style, and, as usual, was encored by her numerous admirers. That splendid weeny “The Female Guard,” succeeded. Thie deautitul plece continues ite career of bri/liant triumph. In fact, the marel.os and processions, the scent machinery, and the tur cormMe is @ triamph of dra- oy (wit Ge ingepult id the public evidently think. fo byt y = Sees, Jack nevinven ond hie Moakey”’ followed, im. which Mr. H. Seymour enseted the monkey with won- derful skill and limbriety. Mirenete’s Orrmrie Temata —Considertng the bag state of the weather, yerterday evening, this favorite place of amusement war, upon the whole, well att d. The entertainments commenced with the co- mic drama of the “ Queensbury Féte, or Who's your Friend,” which was performed admirably. Miss Mary. Taylor, as Countess Roredale. and Mr. Waloot, av Giles Fairland, acquitted themselves to untvereal satis faction, ‘The drana was succeeded by the musical ex- traveranza of © Telemashus or the trlend of coy ed and the ocmedietta of the “Crown Prines or the Buc! of Biillients ’ which were executed «ith admirable co- mic sbility. Mr. Walcot. es the watchman ia the co- edietta, acted with euch peculiar originality and co- micality, that he kept the whele audience continually convulsed with lenghter. ‘The amusements concluded with the laughable farce of t Married Baohelor,’” which produced infinite pleasure and delight. Om Monday evening will Le perform acts called, © Methinks Ieee my drema of the “ Devil in Paris and the farce of « Crnisry’s Orena Hovse.—To morrow evening, as urual, the entertainments will commence with an over- Lich will be followed by negro melodies of every iption, and the celebrated Voyage Musical. The hriety and Mr. Sheppard. will dances, the Cachuen and High- land Filing; end # the great counter tenor, will give imitations of various prima Ancient Macie Tevivrn ~The Druldical inceante tious and magical iliustons. which strack the Roman ocnquerers of ancient Dritetn with aweand deeed, have Leen reproduced with startling effect, by a company of Engliab performers, who are at prereut on (hele way to. this cevatry. Their performance on the Druid Ox liotns are raid to be singolariy wild and besutiful, and the great miracle of the Oruids that of causing fre to buret forth without any nt agency. is among the wonders enact. The Bel Fire ceremony, as de-~ toribed by ‘Toland, ith all ite apperitional aecom- paniments, forms « portion of their mysteries, The rlormance cnonct fall to be interes'iog trom ite tra- itlopal associations apart from the cleverness of the deceptions, American Mosrvs.—The grentert enjoyment can vd by & visit to this old a1 orite oun, poobns the farce, in two instructicn, partieularly to Creve Avron Tt. trian cee tl phitbeatre. are well worth to o not. as yet, soon cent and delightful sports should avail them- relves cf the present opportunity. Great pi rations ore being made for areday, There wit be ne- veral performances during the day. ¥.=Signor Blite t+ caus citement by his magtoal illusions god feate o quivm at the above rooms formaners on New Year’ ie As the reason is tome er~ veutrilo- Ke will give three per~ ‘The canary birds are Dee tne previsors. ¢ 20—In reference to the report which appeared in this day's Herald. of yesterday's proceedings, Alder- man Webb begged to say, that as he was one ef the supervisors, who left the meeting before the time of ad- 5 had been obliged to do so, in order to- attend ® Finance Committee. and he therefore repa- ¢ supervisor of the pore of ensuring their fee of $2 Coroner's Sclary —The following resolution, from the Committee op County Offices, was rend : ‘Tbat the Comptreiter bie warrant In favor of James KR. Whiti heq.for six thousand eight han- dred aod seventy eight dollars te, Im fall for nll costs, counsel foe: againal the city and torney for eaid nd county. Lhe amount was ordeted to be paid, ‘Three petitions, for the relief of taxer, were read and Fetasred to Committe je fum Of $400 to Rufes K. Molntyre, as aasene of the th ward, was ordered to Ps . a re-appointed superintendent. reboots, for the city of New York. Board then adjo to Wednesday noxt, at ¢ The Monwow Deteoaie to Coxon +The advance- fn his possession implements of hie trade, Justice mmitted him to prison for trial, Domestic Misceliany, ‘There were sixty three caves of cholera in New Or- leans on the 18th inet. Forty-rix flearian em'grants recently arrived at Nauvoo, lil, from France ‘There wars heavy snow and hail storm at Oachuita, La, on the 19th Teel. A riot took place in Trenton N. J., on the 2ith inat., between the whites and h hich ral per. fone were seriously inj ‘The President's Mesenge was tel leh the Louieville and St. ‘to the 26th inst. The Hudson tiver is fromen as far down as Pough} keepsie. hed to, and pab- papers on the ment of Mr Babbitt to the honorable post of delegate: to Congres. is a fine illustration of the working of cut republican institutions, We were boys together. im addition to poverty, young Babbitt had to under the degradation of an intemperate father: Na+ tually bright, iatelligent and active when approach ing manhood he entered | rmom etcitement, 1d was the fromised Land, and Rig- ceate of the divine mission of is early Advantages hed only beew Prophet ‘@usith thore of this then investigation reflect! The young eonvert soon beoam an exborter, and th trin < 2 oe © poreecuted ‘and became eminent them for bis neal, bis ‘talents and sound judg. . Wh from 100, Me. Babbitt “atugi m n Die atak: Ne fi clatins @ seat int ongter r Clevelend (O.) Heraid, Lee