The New York Herald Newspaper, January 5, 1850, Page 2

NEW YORK H Morthwestcorner of Fulton SAMMS GORDON BENNETT, PROPRIETOR AND EDITOR ERALD. and Nassau sts AMUSEMENTS THIS RVENING, BOWERY THEATRE, Bowery—Fo BROADWAY THEATRE, Bronaway.—-O cneito—-THE Wirvaini. x My TREKS NIBLO'S GARDEN-—Jocuo—New Daxcrs-Raoute BURION'S THEATRE, Chamvers miLy—HeRm Nanny Santa CLA NATIONAL THEATRE, Chathan square—IuvinemLEs —Fewaux Goann- THe FioatinG Beacon, OLYMRIO Terive Morris— vErKas Wevnine CARISTY'S OPERA HOUSE—Ermiorian Penvon maNcne. screctSeniows Pa- Hrosdway~Ony mr or THe Perric. ev RLa THEATER? ay alae AMKAIOAN MUSEUM—Amveine Fravormanons, Ar- FERNCON 18D EFEMING. ASTOR PLACE CIRCUS—favesrxiaw Exerersra. SOCIETY LIBRARY~M OBINESE ROO¥—C: AnT—VentRiLoguiem. ‘a PANORAMA OF HE New York, Saturday, January 5, 1850, Affolrs IM Wasblngion—Suspension of Di- Plomatic Intercourse with Austria, The proceedings yesterday in the Llouse were of no sort of consequence—the day was frittered away in idle talk about a rule. The proceedings an the Senate, however, were of considerable interest. Gen. Ce tive to the suepe with Austria The question of sufpending diplomatic inter- course with Austria, in consequence of the inhu- manwes and barbarviies which she inflicted on such of the gallant Huogarians as unfortunately fell within her clutches, without regard to or sex, 18 a topic of an:mated diseussion through out the country at this time. Since the matter was first introduced into Congr by Gen. Case, it has penetrated even the Legislatures of some of the Stat In the House of I semtae tives of Pennsylvania, a resolution was 0 Vednesday last, calling upon the Senators and Representatives of that State in Washington, to use all honorable means to signify to the Austrian government the disapprobation of the American people towards the Austrian treatment of the Mag- yars, as well as to use their exertions to procure the discontinuance of all diplomatic intercourse with that wetion, until it acknowledges the inde- pendence of the Hungarians. This latter proceeding, we think, goes too far, and covers too much ground. As @ nation, we have no right to dictate to Austria whether she shall or shell not a pendence. That miply a matter between those two countries, with which we cannot meddle. But, as a Christian people—as a portion of that bumarity which was insulted and outraged by the Austrians, through their instrament, Haynau, the butcher hief of the Austrian vovernment—we have udicious to exercise it, to express cur disapprobation of such conduct, and to enter our solemn pretest, in the name of humanity, ageinst its continuance. We have a perfect right to do this, but not the other, and to suspend diplomatic intercourse with Austria, if she persists in continuing her butcheriag and horrible warfare against the fallen Magyara, whose only crime 1s that they risked life, property, , in an effort to acquire national inde- made his on of all diplomatic relations sreat spee vet right, if att everythin, pendence It 1s hard to guess even what fate this movement of Mr. Cass wil t with. It is ne doubt a popular one. Ifthe opinions of the people of the whole country were canvassed on the subject, we have ubt th id be found to be favorable to it. The enorraities practived by the Austrian govern- ment towards the poor Magyars excited a spirit throughout the length and breadth of the land, that will not be extinct for a loag time to come. They received from the American people, in common with the rest of the civilized world, unqnalil c But the stopping of barbari- demnation diy on aceount of th ties, is another sv We do not bili for that porpore would receive the sanction of the Se Mr. Clay, it appears, is opposed to nd cond P interc disguct the movement, and a very significant reason he | gives for opposing it, viz., that the very fact of any governinent humanities on b tubjects, defeuceless readers it especrully neceseery that we should have minis. ter aceredited to it, for the protection of our eiti- tof any of them bewg so unfortu- nete as to get within its claws. It is not alwi prudent to do what we would please or like to do. But even if this bill do not become a law, and if our relations with that power are continued, the diecuseing of the tia such a respectable body ae the Senate of the United States, the Legislatures of the diflerent States, by the press and by the together with the unanimeus Cenouncement #, whieh will certainly reault from seflect oa zens, in the € publi of euch atrocit sueh discussion, will not be without Austria and her co-worker in atrocity—thoagh not to as great an extent—Ruesia ( Moxoro.y—Pemuic Mertiva.—We are pleased to ste that the disc 1 of the extor- trons and impositions practised fur a long series of years upon our unfortunate tax-payers, by the gas monopoly, prom not to be without some good. | That discussion was evoked by ced and impué tempt made by the New York Gas | py to fasten a contrac n additional on ty, and obtain license to nd in vpon our crfizens for that long is impudent attempt was undertaken, ' ent contract er which they make derkness visible throughout city, has five years yet , ! dence eonld go no furthes th a thie, and ¢ orm of indigna- dd at the ation « ditional gas or late par r, im the « rina at W rwethrew vd to eee that @ 1 at the Broadway day evening next, at nev meeting ti Loner Tue whele evlyect will by of organizing addsticx ‘ and delit ¢ doubt w ca which the canvas propriety we have go res of a much supe nonopes d to the i, and leave nis the ager sub- a practised is 1a their own hande, ar eye tion sh e mode t slat rity ot the ¢ men’, the pobli plies us with ¥ we ere much in need « dieadvanteges which ¥ ferpect. If this can’t be gas compenies, ar healthy competition « and Jone, then we w ido Rascatry ” Assmaswent.—Dy ttof the Board of Supe “ Most ence to the rey yesterday, will be seen one of t and to wee the justly indignant, but ne anguoge of one of the Aldermen, * tr assesements that waa ever attempted to be palmed upon the city. We think the « ken by the Board, in calling fora legislative act empowering the appointment of responsb!e persons for so i portant am other, is wise apd jndicions, and de- wands, imperatively, a wholesome anda speedy arqniescence, isors, held er t edite at rascaliy” th rela- | age | ered, on | knowledge Huogarian inde- | seve that a | being capable of commuting such in- | ' which 1s yet uotried, it seems to ue, that much is | flagrant, | ‘The Law’s Deinys—The New Code of Crimi- nal Practce=—tm portant Report, In another part of our columns of this day will be found a very important and highly interesting report to the Legislature of the State of New York, made by Messrs. Loomis, Graham and Field, Commissioners on Practice and Pleadings. We are indebted to David Graham, Esq., of this city, one of the above commissioners, for a volume con- taining the report, and the new code of criminal procedure of this State, drawn up by them. Several days ago, we reterred, in an article of some, but not undue, severity, upon the delays which occurred in the practice of our criminal courts, and showed clearly enough that these de- lays were not only unnecessary, but were the mieens adopted by the most notorious criminals to evade, and often too successfully, the just course of the law, and eseape the due punishment of their crimes. These delays, as we then showed, were mostly comprised in the vexatious method of chal- lenging a jury, in the process of appeal by bill of exceptions, and the delay procured by the pre- tended want of distant witnesses. We are happy now to find, on making a cursory examination of the volume before us, that these very pointe, hitherto so objectionable, have met with the close attention of the commissioners, and they have specially applied remedies to these, the most diseased portions of our criminal jurispru- cence. The commissioners have commenced their work of reform at the fountain head, and after abolish- ing the old form of indictment, have provided and presented a new form, with various valuable aad useful directions and instructions. How far this new form of indictment will answer the object proposed, and prevent the too frequent recurrence of quashing the indictment on the most frivolous and technical objections, we cannot telli—time and practice can alone decide that question. It is cer tain, however, that the prolixity and idle, senseless | repetitions of the eld form are avoided in the new. | | The next step to the indictment is, obtaining a | proper jury to try the accused ; and here it is where, in the present state of procedure, the greatest difli- culty is met with. In some cases, days, and even weeks, have been consumed in endeavoring to em- panela jury. One after another, the most compe- | tent citizens have been rejected, owing to the me- | thed of challenge in use ; and thus, frequently, the purposes of justice have been defeated, by the se- leetion of the most incompetent men. This prac* tuce 18 considerably modified and improved by the new code of procedure ; and we sincerely hope | that the operation of the new plan will be such as it promises and is desired to be. The following | article of the new code, on this subject, will con vey some idea of the changes introduced. A par- ticular cause of challenge may be— 2, For the existence of # state of mind on the part of the juror, in reference to the case, or to either part: | which satiefies the triers,{n the exercise ef a sound di cretion, that he cavnot try the issue impartially en without prejudics the substantial rights of the party Sareea and which is known ia this code as actual ian Another change hes been introduced as to the triers. It is as follows :— § 480. The triers are three impartial persons, not on the jury panel, appointed by the court, All challen, for ketual bine must be tried by th pointed, a majority of whom may decide. $486 On the tri achallenge for sctual bias, when the evidence is cone!nded, the court must instruct the triers that it is their duty to flod the challenge true, if the evidence establishes the existenca of « state of | ind on the part of the juror, in reference to the case or to either party, whicb satiefies them, in the exercise partially ard without p Tights of the party chalk they must find the challenge not true. give them vo otber inetruction In the important matter of appeal, a prolific source of vexatious delay, the commissioners | have introduced some changes of procedure, which | it is to be hoped, will have the eflect of preveating this instrument of justice being perverted to a means of delay, and ultimately perhaps of escape to the criminal. By the new code, exceptions can only be taken to decisions of the court upon a | metter of law, by which the defeadant’s substan ual rights are prejudiced. Thie is a good rule, if acted upon by all parties | though it israther general. The annexed are the | eole coves in which exceptions may be taken: — 1. In diraliowing a challenge tothe panel of the jury | or to an individual juror forimplied bias 2. in admitting or rejecting witnesses or testimony, or in charging the triers, om the trial of @ chalienge to a juror for actual bias : 3. ln admitting or rejecting witnesres or testimony. or in deciding uestion of la | cretion. orin eberging or fostr op the trial of the ireue. in the right to « bill of fe if otherwise, ‘The court can ction propores to ret. exceptions. as it now exists, it striction. h | 4) ML DB, C 272 0. It is true that tl Fase, The Prop p. 221, 2 ptions. tion, deem it proper that it lation The question of a new trial is in every reape: myortant as that of an appeal, and is as prolific a source of delay. The following is prescribed in the new erminal code, on this subject: uid be made eo by legis- as 4. The court in *hich a new trial is hed upon en fesue Of fect hae power to grant a new trial, . verdict bas been rendered apeinet the defendant. by which hie rubstantial rights have been prejedived, apoa bis applieation, tm the followiog eases: — 1. When the trial bas been had in bis absence, if the indictment be for « felony; When the jury has received any evidence out of | otber (hen that resulting trom « view, as pro | din reetion 468 W ben che jury bare separated without leave of the Gr iberate npoe their verdict, of tity of any miscondaot by which # fair aud due etion of the case has beem prevented: When the verdict has beem decided by lot. or by mrens otber than « fair exptession of joa cea pert ef all the jurors; When the court hae misdiree'ed the jury ina matter of law, of bas refused to inetract them as pr seribed im seetion 477, 6. When the verdict is contrary to law or evidence Pet po more then Dew tricks cam be granted for trial mast be made wly Upon leave Heation for a ne’ and can be t plication Notwithetanding the general approbation we be stow wpon the labors of the learned commission- ere, oe for as approbation can be given to that left here to the mere discretion of the presiding yw nd if he is corrupt, or inflaenced by fear, | intimidation, or corrupt motives, he may decide | ae he pleases, and thwart the ends of justice, and fact tl tion—the defeat of too easy accompli: courts and jud; ba | mint f this bill the usual reference Senate for ten years, and the Senate know all about it, writioh provinces by rei reed the rpectal order of th © ost heinous character, led to the entire defeat of B the barrassments which in what cases bail julty of prescribing ascertaining the fh result from the no other rule than that of disere- eriminal justice has become a work Sy the former hment. been pei gent a spirit on the one hand. and of too tandard of discretion om the other ; while, ter, the responsibility has been cas\ . without affording them either the m fully meeting it, or adequate protection in its exereise. 1 much to be wondered at, that. by the is called straw bail, the vilest ert To provide w eflectual remedy for this enormous abuse, has heen d by the commissioners as one of their hig’ and they have endesyored to secomplieh their The following are the cases in which a defen- dant cannot be admitted to bail :— (618. The defendant cannot be admitted to bail where he is charged, 1, With en ofience punishable with death; or 2) With the infliction of a personal injury upon eno- ther likely to produce death, aud under such cireum- stances, a8 that, if death ensue, the offence would be murder. § 614 If the charge be for any other offence, he may be admitted to bail, before conviction, as follo 1 Ap wmutter of right, in cases of misdemeuner. 2. As wmatter of discretion, in all other cases, ‘The provisions of the new code aim at guarding agaist the abuses which have prevailed in respect to bail; they are of some length, but such as will be, we sincerely hope, calculated to prevent the abuses so justly complained of. The fifth part of the new code relates to pro- ceedings in the police courts. Here, also, many new and important regulations are introduced, which we confidently hope will, with all the others to which we have adverted, tend to render our system of criminal justice, if not perfect, yet better by far than it is at present. TELEGRAPHIC INTELLIGENCE. IMPORTANT FROM WASHINGTON. OUR RELATIONS WITH AUSTRIA. Great Speech of General Cass, Bc, Br, MC. OUR SPECIAL TELEGRAPHIC CORRESPONDENCE. Wasurnoton, Jan. 4—P. M. During the great speech of General Cass, to-day, against Austria, the gulleries were packed full, as were also nearly the whole house on the floor be. | low. The scene reminded us of Mr. Clay’s fare- well address, some years ago. Mr. Cass had | great respect for Webb, but his precipitate depar- ture from the country was an insurmountable ob- jection to his confirmation. The same may be seid of Letcher, who recently left for Mexico. | Consequently, neither Webb nor Letcher will re- | ceive the vote of Cass. The declaration fore- shadows the rejection of both, on the ground of dodging the Senate. The dissection of Seward, by Foote, was ex, ceedingly rich. Seward’s intermeddling in the stormy business last session—his letter on the sub- ject—his friendship for Webb, and the appoint- ment, were shown up in the most ridiculous light, For one hour the Senate lobbies and galleries were entertained—all hands preaking out into repeated explosions of laughter. The resolution hes over till Monday, when Mr. | Hale will speak in opposition to Gen. Cass. Some Neuvita Consuls were sent into the Senate to-day, but no report has yet been made upon any Appointments communicated—they remain yet in the hands of the cv | nittees, The British Minister gives a great diplom: | dinner at his lodgings, at the National Hotel, this evening. ‘The White House is open tonight, and a large crowd, of all parties, 1s going np. In the House, Mi. White gave notice of his un- | tention to introduce a bill to amend the act re- Cucing the duties on imports, approved August, 1846. THIRTY-FIRST CONGRESS, FIRST SESSION. Wasnisorox, Friday, Jan, 4, 1850. Benate. A number of petitions were presented and referred. YOGITIVE staves, Mr. Mason introduced a bill to provide for the more effectval execution of the clause of the Constitution, telative to the recapture of fugitive slaves. Referred Mr. Maton expressed the hope that the committee would make an early report upon the bill, which was ene of much impertance to the whole South, and par- Ueulerly to the commonwealth of Virginia. BRANCH MINT FOX NEW YORK Mr. Dicxixson introduced a bill to establish a branch vew York. Mr, Bexroy raid that he saw no necessity for giving It hed been before the which was Mr, Bavorn imeleted upon a refer ordered, BRANCH MINT FOR AN FRANCIBCO Mr. Benton gave notice of amendment for the cotablicbment of # branch miot in San Francisco, BRANCH MINT FOR CHARLESTON, Mr. Burien gave notice of amendment esta) Mr. Pustrs submitted the following resolution, which Kes over Rerolved, That the Committees on Commerce be instructed to inquire int ‘expedioney of > modifying the not, ea- itlea “an ret aliewi ef r THE F Laxpe subml Me, Bewtos ed the following resolution, whieh lies over :— ed to liad ve Reselved, That the Seeretary of the Interior be @ inte the number of netes of publi: aterasl imp nate IMPRoviNe THE eAvAs s submitied © resslutiow of inquiry into tieabtiity of improving the navigation of the fr, and the cost of the eume, Adopted The hour of one having arrived, the Chair «t day DIPLOMATIC RELATIONS WITM Avwrnta Case moved that the epecial order be postponed, od M wih a view to allow the eovsideration cf his resolution ou suspending diplomatic Agreed to. relations with Austria. Mr. Cass—I do not know that this retetution will be oppored, ap it is one of inquiry only, ant net of astion; | but, ae I rhould not have latrodu tended toa ject, whatever may be the report of the od &, bad not ia- the opinion of the Sonat: upon the sad committee of Foreign Relations, and as the measare ip not « usual ne. | deem it proper briefly to etate the reason which have induced me to propore It ne Intercourse eub. 7 | steting between the independent mations of the world. " Hai '. acai hong a oho m2 bye rand weeded | where not regulated by special conventional arrangs when others influencing him please. Yet, after mente f# regulated by each for lveelf-rubject to the all, this objection of ours touches more upon the | estebliched principles of the laws of nations. The great stion of the appointment and control of judges | thon upon the provisions of the new code | The fellowing provisions in respect to arrest of jucement, ate highly important :— ont if, from the evidence on the trial, ther ground to believe the defendant quiity im provement In the mecha art the progress of the age, united to that epirit of enterprise commercial and teientific—which ee) never more usefully employed than now, hare given increased erergy to this intereourse and having in fact, broken down the barriers of e which eopamted mations, hare epened cach to the knowledge and business of all. | fotment can be framed wpon which he may bs | This general inter-commanication, especially among conyieted, the court may order bits to be recommitted | the s of Christendom, creates « commanity of to the effiger of the proper county, or admitted to bail | interest. and. in rome mearure, of feeling, whieh be- anew. to answer the new indictment. If the evidence thow him guilty of another offence, he murt be eom- mitted or held thereon; and in peith t case, i# the ver. dict a bat to apother prosecution or indictment for the | tame cffenee, The arrest of judgment operates as en ® = Sy of the charge upon which the indictment was feunde By thie new code, writs of error and of certiorart ate abolished, and the appeal is substituted in their | place. The followii upon the subject of bail, 19 | | weil deserving attention :— } | ore few subjects which have attracted eo much tention more lowdl han that of it be owing to the looseness of the the rabjeet, of to the careless exer. t cal ) @ comer n bond, however slight ‘log them lato one greet political family. ‘Tbs internal agitations of ex- terval dapgers which threaten one, cannot be indif- ferent to the otber members cf thie wide epread com. mu ‘The age is av inquiting and observing ene; and the facility and repidity of communication —among the proudest triumphs of be Kno tledge - come powerfully im aid of thie dir position to ‘udge and ag prove. or censure paesing events ne their charactor and elreunitances may justify. This publie opinton embodied by the prest,in the deity journals It pours forth, 1s Berne through the elvtitzed world, proaoune- ing the Jedoment cf the present Gay. and anticipating thet of posterity, There is pone eo birh as te te bee yond ite censurer, Bene go | pretation. The 4 at ite apptcach, but be chected, but it cannes than the bayonet, more + wae net to be encoursged fers of 2 eometry may be “1 pest ti seretion ary power. the commissioners im ‘HL not stop te inquire; but it ie nevertheless the fact, | derpetiem relations subsisting that the system cf bail. as it now existe in practice, im two coun ntained only by p bes, bi Ty great number of car id there, too, of | *8* os r’ for that purpose. At the commence- vernment we had few of these fuaction- ¢ confined to the principal Suropean courts, They bave been gradually increased in number, until twenty seven of them are now rised, Still there were important countries in Europe to which no American representative had been sent. among which was Austria—where they bave been sent me cases this Raper yar interchange of 7 than of positive utility, either commercial or political. After a treaty of com- merece is formed, or it is found that @ satisfactory one cavnot be formed, the relations between us and so! of these countris ould go on, a8 indeed they bai gone on, with nothing to interrupt their harmony and ood understanding. beoanse the points of contact are w. and exposed to few difficulties Such is our condi- tion with reapect to A. ‘ia, which has but one port, thet of Trieste, where we have any commerce worthy ommerce is it “(Queen of the waters, but sh ciprocally rent menrof th of the name; the annual value of this the Adriatic” still looks out u is herself @ melaneholy spectac! rosperity hav- ing departed with her independence The “iron will” of Austria has left to Venice little but the ree sary, consuls would perform the commercial functions; their at our intercourse with r shell be influenced by higher consider. ations | allude to this topic merely to show that a great act of national duty may be performed, without the eacrifice of any national interest whatever. Nor does the interru, tic intercourse give apy just cause of offence; j# no obligation to es- tablish or to continue it; itis @ mere question either | of courtesy or convenience, and a considerable portion of the missions of Europe are maiutained from feelings of courtery. arising out of the aftivity ot governments, and of an tndiaposition to exbibit, what is there con- sidered a mark of diarerpect for ® court, (however Mmited the sphere or its authority), by excluding it from the family of fevercign sescciates by diplomatic reprerentatives. The eighteenth century was prolife in the persoval memoirs of active diplomatists, aad no Ameriran can peruse them without being amazed at the utter insiguiteance of the various topics whieh en- geged their attention, and which were swelled into eontequence by the passions and interests of the re- tainers of corrupt courts. They are jects beneath contempt; end their influence upon the iace of nations is buried with the meu who gave them @ tictitious im- ortance, He who rires irom the perusal of ome of ese records of human follies, can no longer wonder at the remark of a Swedish statesman, “that it took very little wisdom vern the world, as the world was then governed.” But while | maintain thet the cestation of diplomatic intercourse with Austria weuld give the government of that country no just cause of offence, | do not reek to deny or conceal, that the motives for the adoption of this resolu- tion will be unacceptable. and peculiarly obnoxtous to the feelings of a power proverbially haughty, in the days ot its prosperity. and readered more sus- ceptible by recemt events, which have destroyed much of its ancient prestige, and compelled it to call for | Russian aid im the perilows circumstances, where the efforts of Hungary to assert her just rights, had placed the oppressor in position ot danger. On the contrary, the courte | propose would lose half its value, were any doubts to reat upon the motives that dictate it; and certainly wero they mot opem to-day, I rhould not look for that candid approbation which I now apttvipate trom the American people, for this firet_ effort to rebuke, by an expression of public opinion, throngh an established goveroment, ia the name of a great republic atrocious acts of despotism, by which Duman liberty and life have been sacrificed, under chreumstances of audacious contempt for the righte of mavhind, end the sentiments of the civilized werld—without # paruilel even in this age of warfere— between the oppressed and the oppzersor. I say this | first effort. fer though the principle of public disappro- | bation im situations not dissimilar, magive traced fn the proceedings of at leet one of the representative bodies | of Europe—I do not recollect thet formal act has | deen adopted. rendering the censure more signal and | enduring if we take the first step in this noble course, | where physical force, with ite flagitious abuse, if not conquered, may be ultimately restrained by moralcon- viderations. sballeddto the value of the term of .”” already £0 important to the world, and destined to become far more so, by furnishing one guaranty more for the preservation of human rights, where they exist, and for their recovery where they are lost. Mr. President—I do not mistake the position of my sy, nor dol seek to exaggerate her impor. te y these suggestions. I am perfectly aware that whatever do or ¢ the immediate march of Aw be onward in the course of deepotiom, with a step feebler or firmer, as re- sirtance mey appear near or remote, until she is j cf those uphea 4 of tne people, lowgs for trees and Austrian may quail before the sernization, ew, bot mighty engi: in ular war- J hold cut in their citadel emttl th things are pare’ Auta i way, in its ite | the rushing of | and by the voice of the world —whenover | expression ie not r red | of arbitrary power, | | Tatood, J do not mean thet in all the revel etruggict on, it world teenpedie t | Press their feelings of i | ould be | ' Lop: | exer: c\rumstances hb oarey with mpothics of the world, like the tition of the subjugation cf Hungary ye can offer pul coprratulations, as we crowned by rucoess in their our reeoguition of their independsace to have do: le yet the effort was pend | sympathy eniv for the unfortanate, or dear or saered because it is prostrated the feet of power’? Let the noble senti- ments of Washington, in his stirring reply to the French minister, gnewer these questions land of liberty, my anxtous recollections, my aym- pathetic feelings, and my best wishes ate irresistibly. benever. in any country, 1 see an oppressed ration usfurl the banner of freedom I freely confess that | eball the day with pleasure, when the gov- | ernment, reflecting the true rentiments of the peo shall express ite sympathy for struggling million teeking that liberty which was given to them by God, but baa beem wrested frem them by maa, | do not fee apy danger to the true indepentonce of nations by | rueh # course, and indeed | om by no means certain, | tbat che free Interchange of public views in thix soloma Wenner, would not go far towards cheeking the pro- | grees of cppression and the tendency to war. Why, tir, the very dieursion in high places. and free places, even where Ciscussion ts followed by no oot. is, I believe « great element of retributive jee, to punish it. where an atrocious deed is done, and a great Clement of moral power to restrain it, when tuch a deed ts contemplated. I claim for our oo try vo exemption from the decrees of these by tribenels, and whea we are guilty of a tithe ihe oppression amd cruelty whieo have m: trian name a name of reproach t Lope we rhall receive, as we shall rit, the eoa- | Gempation of mankind, I antictpate with confidence the hearty eo operation of the distinguished | fro Kevtucky, im this etter folshed geptioman ie becoming conse Dot fail, howeve several extracts from Nr. Clay's jah und Puckish . down-trodden Ilun- it eloquenee, which m that Mr. Nis Spereaced years, ether epteode in «! po He then) history and achlerinen tmctng b Die fel betrayal. overthrow eloquent stra! present Sultan. Hf re perandiste, olitical institutions for cther nations, or to establich elsewhere | Te contend that liberty ean be matatein their own ed ender @ constitutional monarchy, woul tradict the evidence of our senses: for know a, republic is best end, therefore. hat but there ty no American who the pressed people of Eu. | fis ly, while they must—as men f°, and who desire to revist oppression. which jonger be borne—exert themerives as men who connet yéril, all #pon | Commons, rejaesting the In- government to endeavor to rr- ce of the Brith that of Avustri ‘ row further butehery. He | parved under review the right of Hungary, with refe- | renee to ft# constitution. and it# connection with Aua- e charter of the Hungarian govern- ment, wbieb swept away the libertioe of Hangery, and justified that power in every subse it step she took He deroribed the conditien of Hungary. as to her rufferings and ibte, ii Peg) words of Kos- roth himeelf, then sketched th The ood from afar, and Hungary fell, Hike Pe! before the Cosssek’ an ever- ie etin, roach to the contemners of the laws of Gea and i] who —a gor? ee tohemes. He presented review of the Hights aud wrongs of Hungary. not as the direct motire for adopting his resolution; be chose to put that upon anctber ground—the ground of atrocious cruelty; but Deoause he desired to take from Austrian advocates —if there were any in this country—be knew there were pone in that Senate —the inet excuse for there vioiations ofthe common feel ty ee ay FO n Hor 0 independence wae as ree! atlack oPeidable.os were the erarities inilleted upon the i horrors of | jupgariam people After painting the Aus Han, and jnoting from Koe-uth'« "7 te Lerd almereton on he oosasion of to turn renegade to, his relirto: wir, | ray ot & pow at ee the opinion of the er vicleting Dest feelings of ture, i of union the Ameri sen people. je sooner © yas not being at all ted by any cl et hi jo relations, short of a state of ~ tla y | ¥ | for ite further consideration, he woved thae it be laid 40 cers was the first businers in order, | poned until Monday, to enable all to participate ia the | majérity. disevtved, with marks of ia- | Mr. Duen—Tke question is, whether we were a House 4!) lomatie imtercourse divpent sooner shall -~ perform an ernot. mod mperny from all, ‘who | Several remarks were made by gentlemen, "shom the e ten- | Speaker decided to be out of order, L. | ‘The question was taken, and the House sustained the bay ais eh Cae decision of the Speaker, by « majority of 23, rearevedeee cunenenay Mr. Ince then read from the lew of 1789, to show that ismemberment remnal the House proceed usiners previous ¢f oor govremen fee ceoton of Clerk, and wthed au election now. will extend the principle ex than ft was carried in| | The Srraxra rald thet the House has power to oom. F Wwe ve men among us who St ans ainieeed oh any for public action, un. | "rue the statute as well as the Chair, and they bag already construed it as be bed done, Mr, Rowixsoy appealed from the decision of Chairs, Jess the very same thing been done here or else- where, It She ape ie ine the books, no remedy can be applied, howe the circumstances. | pending which, on motion of Mr, Ashmun, ihe? BSE Sahn donne ale°Ecabae"and | "Be ius wijuret tl sony ness. lone again. nothii 8 LA Roe —., “ wa fete become NEW YORK LEGISLATURE, peceun ho ane, alae advancing in a career D4 Foray, January 4, 1850, Senate, Mr Brandreth, the Senator from the Seventh Dis trict, the only Senator who had been absent, took hie seat. the his of the rallel beveeen the STANDING AND SELECT COMMITTRES, ‘The standing and selvct committees of the Senate were announced, The Finance Committee (which is identical with that . They ‘o- truth of our day gteat polit tly announced by is contained in the sentiment rec the distin, B trom Massachusetts— We _ are in an age Ce Mr, Cass then quoted | of the oe ont ae i Cangrend angie ae from Mr. (1 B. to Femssure those who were | Senator Morgan, of N.Y, ae chairman, Mr, t, Soares ite ou that Lon Corl can come & CY Genesee, and Mr. Wm H Brown, of Suffolk. our yal wi 7 pe oe oy copie tal is best and Shot nee tae Upham, of Batavia, 1s at the head of the Commit- referred those whe are di to yn the | tee on Canals. on Seotem sat foeueb we ee wnipliry The Railroad Committee consists of Mr. Geddes, of e ee in ‘oure ‘ommons, ani hs as ‘own Cong! Taepesl to take lassen Onondaga, Mr. Dart, of St. Lawrence, and Mr. Owen, in the etiquette of political truth, 54 human rights | Cataregus county. arein q from Broughaam and Clay—he ured | Mr. Babcock, f Buffalo, is at the head of the Judi- Feboke ‘Mr. Cass concladed as follows: Mr Pred | My Committee, rT. Cass of : - Dents there is one tople I desire briefy totouch—in | Mr. Beekman, of New York, leat the head of Come = auneions i, bare EK 4 many of the papers, — mittee on Literature, what ave hear versal Tes} ni en eee se chetatatine oa Mr, Cook, of Saratoga§is Chairman of the Bank Committee. The other members of the committee are Mr. Curtis, of Sullivan, and ur, Upham. of Batavia, Mr. Williams, of New York, is at the head of the Committee on Comm srce and Nav ‘tion. Mr. Beach, of Auburn, is Chairman of the Committee on State Prisons. Mr. Cross, of Brooklyn, is Chairman of the Commit- tee on Cities and Villages. ‘The Select Committee on so much of the Governor's mestage ao relates to the subject of slavery, consists of Mr. Geddes. Mr. Johnson, of Schenectady, and Mr. Stanton, of Ser 4 neca. Mr. Crolius is at the head of the Committee on ‘Trade and Manufactures, COMMUNICATION FROM THE CANADIAN HOUSE OF ASSEMBLY. The Lieutenant Governer laid before the Senate the following interesting commuvication from the Speaker who hes recently de ‘upon a mission to Austria, have been brought into jon. as if they had seme necessary connection with the object of this resolution. a sir, these a rr Jad YA Fone paar pe @ measure propose independent suol personal conaderstionss and "bad we @ Minister at jenna, eqval in and experience to Fravklip, or J it ought not to change, in the slightest degree, course of our action — ‘This proposition is afar higher vature than ‘ questions of persomal euniineonions, Let gnot its | importance be y any such Fh Nod But, sir, lowe pF . Telations subsisting between an uy that gentleman r, thus publicly to say, that, if | were called upon to give my vote upon his nomi- nation, divested of all questions but his personal fit- ness for the office, that vote would be given in his favor. Ihave known him his boyhood, and mutual re- | of the Canadian House of Aeeomty. It was ordered gerd and kindpess e always e: between us, | to be referred to the Committees of whieh Mr. Beek- 1 consider him fully competent to discharge the du- | man is Chairman. ties ef a foreign ion, end I do him this act Mowrneat, Canada, 22d ‘1849, of justice, because be is absent. exposed to severe been informed, Maes errsure, and se, a8 @ political opponent, | may | Tery,;rAnuels ¢ . thus speak of him, without any danger of being mis- | the t-tal destruction by hres of the bull lines to ete ae understood But, tir, while | say t! { shall say | sittings of the Provincial Parliament were held, by ariotous also, and with truth, that jeparture from | assemblage, on the 25th of april the United A. the we of the mod z of Pn Taal nga rye the Senate, imterpores in my opinion, insurmountable ’ objections 'to biproostrmation’ Whether a. Foreiga ba erp leew mew y Ip pdied “7 AL ‘ee Minister abroad upon a mere Executive | oned as among the greatest, in this ti appointm cases of public ur; the loss has fallen, not mataly upon the Parliames admit of de not say this as but geaerally, . the people of the Provines, by Because | know full well that no such reserve has re: | th Liberality of the members of beth Houses, wore permitted books, in default of other opportunities of iva and research, There being no other ada, of auy magnitude, to which the publie were In the sescion of Parliament which has recently terminated, gageneral Bozicty was, manifested among ~ bers, that forts should be made to replace the collection a8 s0om aa Pepe tioaL le cently been imposed upon those ap, access to thi Lamlaiseenigier bot co the tonics of the Osante linens any preaches, the procedure becomes the more tapenaee, it occurs upon the aes fing oy in on ree er four ished eitizen, for whom 4 i xisting state of the provincial finances, ho: dose not warrant, for the nt, any coasiderablesutlay on this Our efforts for the reconstruction of a lil are tor apother another Houres of the Legislature, to which tl public will beas freely admi:ted as heretosore. e y vote toremain there I do pps be seemly haste, this flight from the 6 clet iibeney fer the tee ment y for we te,as though confirmation were rendered ne- here 1 no doubt the ublic expense they incurred, and a sort of obliy e jetntiy inipene upon this depository feineas when tiles pai fate Caited ing one fae <3 a. poner, to rae its ao- bs nag ty FA Rag yy LT = action je President trust that no ip pon WI mr such motives will fofiuence cur couduct, but thet = eee deceably ta cemguvicate oie ally ith shall take « course which, while it aseerts the rights of | NinewalTybricentaiivs bedieeta Atneriea and Br } « the country, will restore to the Senate its efficiency und | their senersus asnistance in our endeavors t : copie, axe ili not yleld, I will not say to the eapidity, y, by ser ding W rod such of thar Togidietive . Dut | will ray to the earnest desire of uilice, which was | vies, and ofher printed qovuineuiay a cod’ be mete pow nfaj, mor more powerfully dispiayed, | Ri Hall (eretare tieeme egret fave, oon hy > expressed his deep regret, that « ng A efor oral den warn go ble and so eloquent as that to which the Wesirable agquisitions, aud could conve would be confarring an obligation the highly honorable gen Se Sees abelberion et mecemener ‘ime atord thea to reciprocate ; an: mission propored to be suspended. Such remarks, | weld of ‘comeae ghecselly Seen ees by every rule of preoedent and ety, Delong | Ka Fo t the Zaseutive ression of this Bootie, aad thele | we ved one. ader the circumstances, was T heve the honer to tubseribe myself, highest con ss ene mae wood. bie | tideration, sit, your ebeaiout humble serranen bay | MORAN, Speaker. ‘utteram LECTURES ON AGRICULTURE. bad been thus | _ An invitation was received to attend the course | ia being able to that | Inetures to he delivered by the celebrated agviewttarel porseealen proofs which would ina great meas | chemist, Prof. Johnson. ‘hese lectures are €& vem jate, if mi he proceeding which | fore the State Agricultural P le ih ‘that | bas given the use of the hail. 4 'y y im. | oie, te eae ABBR MT en nage enora vie gentieman, of having en- F. Scrioowsaxen gave motioe providing for 13 tb fy from the ecthom cf the Senate, upon his | the revision ot the. laws relating to taxce aad assomee nomination, and yet he could not prese: roofs | m lation to ihe excise, bere, where the char bad ade. f roaees | Mr. Crowe Dill to amend the set relating to able gentleman ta his domestio nee | tbe tse of false stamps and labels injoring that honor ‘The injustice of parading this matter before . under these clreumstances, would be seen, ond be would ask @ suspension cf opinion on the part (f the Senate for the prevent. thet when he introdaced | Assembly. MISCELLANROUS MerreR, widenee 00 which he had sete it might be pre- | Mr. Prvys, the representative from the city of Al- tented to unprejudiced minds and unbiased judg. | Davy, gave notice of his intention to examine the sub- ments, | ject of taxation in that elty. { Mr Cass replied, that his personal feelings towards |" Very many petitions were sen te sanetioines Col Webb were ae friendly. and bis relations, indepea- — , Gently of polities, ar intimate es thoce of the Senetor | tbe 1 Wy As ny IJ dry goods. These from New York bat it ust Be teen that this wae not | Gecesmne saat ® question of personal fitness. but that the elrumstan- ‘ ces to which reference bad been made. might Mr. Norr laid on the table beocme matter for legisialive consideration. and in | that view it war subject for discussion im open session, | ‘With a view te the paseage of some law which shall re- | gulate sfisirs of this kind and prevent the repetition | Congres, to procure the passage of a secure to the citicers and the soldiers of the war Jsi2, end their familter. the same provisions and pen- CLeoncuet euch as thet which he had condemned. ener ee ee one s vos bob been cm ted for irs vgn, Sis. | wp CONTEETED ana } man who n homipat a Forviga I "' . Aion, could reapecttully, becomingly, and with imou- | ae goa Op ats, Pore es eee bt patiteee ts pity, fy from the investigation of the Senate, jast les that. et the last general election. he was, by the open the eve of ite meeting, was one that ort number ef voter, duly eleote J perly came before Assembly, from the Third Assembly that the Board of County Cawvassers i! y end informally rejected the returns of the inspectors for one of the distitets, in the town of Neversin’, and gave a certificate to Mr. Falierton. He aske the House to Ceclare and rmnioe bis election, and admit him to the rights and privileges of « member of the Howse, then was referred, PAY FOR THE ALDERMEN OF MROOKLY®. ir. Fisk® gave notice of @ bill to pay the | Aldermen | Of Brooklyn for their serviews. } RDUEATION. A petition was presented praying the Legisiature to tive to Mr. with Col Webb. barged him the aetion of Congress, at the last ses- bia, the question of siavery in connection with and attempting to dictate to both Houses 4). hey shoula =, He referred to | the letier Teection ought to follow as the per 7 — ‘| | Provide the means of moral, religious, and todustrial on , pae oe ae reo | ducation, to the poor amd meglected children of the t be | Dartily aoted wpe varpose of giving time | RATLROAD MATTERS Mr. Wane Svitw, of Rochester, gave noties of @ bilt to amend and make @ more tree aud general railway ew Notice was alco given of @ bill to provide for tolidation of the Auburn | aed Sy recuse reade, direct from a pot elty of Rochester THF COM CONEWERETON: A report was adopted onlling oners to report the results of therr on the table for the prevent Mr. Cass suggested that it was only @ resolution of fnqul that, but be thought this the proper Dir, Hane ko Reront the Code Commis. labore rat Agr pO! | relative to an expedition overy of Sir Joha Franklin —eferred to molt xecutive session, the Senate adjouraed et a quarter before 6, to Monday. House of Kepresentatives Wasnisores, Friday, Jan 4) | Half past one a § | having stated that the eleetion of offi. Notice Tnrure rent the ing of Bi eure atformity of thett News ag There was a Tittle shirm “TT "the alleged the oI vorable dispesi(ion of the legal profession tobeets cay further legal refer: The Heovre adjourned over to Monday, to give | Speaker time to arr his comantoonet sditand | Daring Attempt to Reb the Southern Maul, | Pracanecemta, Jannary 4PM. | An attempt was made inst evening to rob the South. | @fm mall,as the cat was passing | near Prune, Moyamensing; the wat knocked down with © biodgeom, his lamp extiogutsbed, and « | pistol fired at him, which fortunately did mot injare Mr. Hasrres sald, that as « ber of geniiemen were absent, be would move that the subject be post- election. ‘The question was decided in the afirmative, by one k- Mr. Tnomreon, of Mississippi. insisted on the & er's voting. ‘The Sreaxn sald it was too late, been aunounced. Mr. Craxoven presented the memorial of Mr. John & Little, Jr., (whig) contesting the seat of Mr. Robblas, (dem ) of the fourth vauls, It wae referred to the Committee on Elections. | Mr Wiitiawe wiehed to present several pet ‘The Sreaxen said that they could not be preseated in cpen House now—the first thirty days of the sersion having expir t was the limit fixed by the rule for daily presentation war not in force. Mr. Wintnnor remarked, that, according to the old maxim of English law, every interpre of © should be made in favor of the liberty of epoeoh and the prese; and he asked the Speaker to consider when ther the great right of petition was to be abridged by & forced construction of the rule Mr. Jounsen, of Tonmerrec, inquired whethor under # role @ member could not file his petitions with the Clerk, endorsed with the proper reference ? The decision had took fright at the report of the pistot thus saving both the mail Fire in Baitimore, Bartiwone, Jaa, 4—A. M, Mesers, Adams & Co's Express Oflee { partially convomed by fire, at about two o'clock this morning. It originated in the cellar under tho office Moat of the bouks were saved, bat many valaabie papers ‘Were lest. Messrs. Butcher & Chare's confeotionary adj oiniog, Was slightly injured Death of Dr, Samuel B. Woodward. ass , Javnary 4, 1890, Dr. Sai formeriy Superintendeat Of the Insane Hospital at Woreester, died at North. ampton, last events 2 63, Mr. Westnnor replied that was reason why the rule — Y- = ~ Aad i should be abrogated, not why it should be obriated Diavolical Outrage. it. Stamey appealed from the decision of Chair. Boarow, Janwary 4 1450. The Breaxrn raid that the Houre hed adopted rules to date from the commencem of the seestoa, os members claimed their compensation {rom the first day of the tersion. Mr. Duen remarked that thie was a question of im- portance—a@ cometitutional one. The question was whether, while without a Speaker, we were competent or not, to tremeact business. The S caven said that debate is out of order. Last evening as Me. Warten, the depot master at Wert Tewnrerd, om the Fitehburg Railroad, wae sitting in his office, two men im disguise entered, and having cole held of hum. gogged him and robbed him of $400, They them beurd him hand and foot, and carried him to the freight eat, where they bong bie up by the hele, looked the carandabsconded. In thia ecndition he was found about one hour afterwards, pearly dead, What were the motives, or #ho the pers