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ete Snr THE NEW YORK HERALD. NO. 5950. MORNING EDITION . gprs Tn ond ETPRIPTTY rr t ‘pain 7; ar ein ra aL DOUBLE SHEET. ine'te the came perty SONIMAGIF sbecld ofr thee | Berkey Sine heen Fines leis moder aoeee acd a | ativan aa eriar aan aamitin | ence sini aon ers ie “PELEGRAPHIC INTELLIGENCE, | shamed to be 80 connected | good demiand ith ales of 0,000 bus at Oo" for mixed ettern. The sales of barley have been 11,000 bus. at CNTERESTING CONGRESSIONAL BUSINESS, Passage of the General Appropriation Bill by the Senate. neers “The House Determined to Abolish Flogging in the Navy. EWS FROM ALL SECTIO 8 OF THE COUNTRY, ’ &e., &o., &e. THIRTY-FIRST CONGRESS: FIRST SESSION. Senate, BY MORSE’S DIAGNETIC TELEGRAPA. * Wasninaron, Sept, 23, 1350, MEXICAN INDEMNITY. Mr. Dicausow reported back bills to pay the tl ir! ostalment of the Mexican indemuity, aud gaye noties * hat he would oll it up to-morrow. MISCRLLANHOUS BEINN SS Mr. Norris's resolution to give the Committee on © Claims Soave to employ a clerk during tho recess, was owl over. - ‘The Senate then took up Mr. Badger's resolution: — ‘That the President pro tempore have a clork during reeess—-which was adopted. The resolution to purchase 10,000 copies of Hickey? edition of the constitution was taken up, debated, and adopted. Mr. Cass submitted @ resolution calling tor ooptes of —ae relating to Hungarian emigrants— 4 THE CHIL AND DIPLOMATIC APPROPRIATION mILL. ‘Way then taken up. The question pending was on the amendment pro. pored by Dir Ewing, to appropriate $200 for extra clerks for the Departmeut ot the Lnterior, which, after debate, was adopted. Mr. Benton moved an amendment appropriating $40,000 to enable Pref. Page to continua his expert. ments in electro-magnetinm. Mr. 8. addressed the Senate in explanation of the t advantages in selence already made by Prof Page in bie exoeriments, and of the immense advantages likely to result (rom the perfection and completion of his experiments. Mesars. Cass, Jefferson Davis,nud Foote opposed the omendment. Mr. Dioxivson said he had just received a letter from “ constituent who was makiag experiments on the eteam engine, tho stated that as $20000 was voted last Fong to Profesor Page to make experiments, he thinks he should now haveanegual eum to experi- ment vj with his in jon. The amendment was chen rejected. a » sald thet there was nota single book of any kind, in the President's boi betonging to the gover not ev le moved fo wppro. ~~ 800 to pur the laws and documents to A similar amendment for the benefit of the Treseury epartinent whe agreed to Several other ML amendments were agreed to Mr. Unxornwoon moved to strie out the approprin- tion of $12,000 for the perpetual lease, from che ety of Uticn, N.Y., of rooms in the City modgation of the United state: Drow mnsow cared the motion to «trike out, ‘The business of the United Btates Court at Utien way » *. Mr. Gwin moved, and twenty thousand doll. sppropriated for the same purpore om the P 20 A Mr, Wivrenor moved, and twenty-two thourand dundred dollars was appropristed for thy paroh stom Little & Brown of ove thousand copies of 4 Adums’ works, A great were Mr. many amend: @ of w private character | d, and voted du aweon moved to insert two thousand dollars Benator elect N here wase great diffvrence. flealso | of Goelariog (wat the charge s> the preceeding in Catifornts | direction, was watounded ta pendentiy, aod Me. Butior | eo to br “6 avout 4 Stars bad moved before Mr. King de no differouce upom hear that what Mr King said | Senator from Califor ain | | ‘ornia, and he utterly condemned the events in New divaico, 1 4 ‘xico to the formation of | State government were it suecessfal, it | ‘would have produced a bloody civil war. Bach, he be judgment cf the historian | prostrated, and evil counsels ed in them, would be doomed infamous igoominy thry denerred Mr, Bwive said that Mr. Fovte's remarks were out of crder, ond peither merited por required # reply, 0 | calumplea uttored here agaiast the late Prewildeat “Wee 06 GrOUND lens Os thore Witered elsow hore, | Mr. Footr repented what be had said. and concluded | chat Mr. wing would vot reply, boewuse whet be had veld was Table. | Mr Buture opposed the amendment | Me. Usesawove supported it ‘The asiendment was rejected, by ayes 5) mays 24. a4 aunexea — vs—Mesars, Atchison, Baldwin, Bell, Renton, Chase. Er GReEie bohe Bevis, Dawere, begees, Beage'of Wis, | ‘ je wing, Ureone, i, Haatiton, Seward, | hy Sprunace, Uncerwoed, Wales, and Win (Teantaceere, jarawell, Bright. Hutler, Case, Clay, pret. | a « sa0e, Dew a ‘ domes, King. | wore + Seberriaa, Soule, Tar Mats ee om Ey AD gmendment provi * of $5.00, to EB epeciat agent, at a che present contract Lopriating 2 large sum tor the the future printing of thie v lengthy vebate, Mr nodified agreed to ‘The bill war then fmmedistely comm with the committer orted to the Senate which voting on concurring “ills — 966,000 for @ Custom ticuse at Urneta 00 for s Custom House at 5: Louis, S200 Yerine Uovpitate ot Vietsburg, Miss. aw | Trdians. the probibition against construct!ve milrage ot New Mextesn Sepatuce was then reel a third thme and parsed | At half past § o'clock, the fenate | ; House of Representatives, W sew The ficuse, im Commiites of the of the Uoiom, rewamed the o Navy arraorniat The emendments to aborah flogging in the navy “xcept in cases Where co are held, ond | te marthe effect mntit he sentence tg not carried twenty | our boars after judgmen sding the epiris rethom, a ving & commutation of five ee Ley, Woe further amen! d by atdiog * ordent Ppirite shell not Be usd by officers om ship. | ‘ ,exorps as medicine, to | etlom of he ship's sure | | Offered « substitute for the thet fogging ebatl be hers mittee tefured to flered av amendment ermot the late Cexas | the Uatted States red an amend- | | mored to amend. by ¢ Use of Vyaor except as wanted to know how many ofleers would w kick it the amendment be adop wee My. Kaceuss, (dem) of Terns, moved & proviso, nat not more than cue dove rbsil be cdminisored & Tire bent wotton Was adopted, and then the entire | mendment fejected | Mr fraveow (dem) of Venn , oTered an amendment, | pocltye ches the wautiest part of the Ameriona Al: a amoedball tecognise U Phen of Orremwiow, aed “remagies!, len ving Out tue geographical part, shell the meridian of Washington. Agreed to, by ayes 4 pees at 4 © we Tenn ofered at amendment pay for eteicrs connested with Cheer erator, “br M’Mc Laws (tom) of Va, cratom i as em aerew of | eraey | eteeple of the Cniverraiiet « | folly ineared Mr. McMurten bad nothing to gain by belonging to the rame party as the gent Wind threw best the | obai (Co ree | Mr Sraxron said he meant the same by shame as | the gentleman did rs ortificati There are a good | mary sections in the democratio party. and he never belonged, nor did be expect to belong, to the section of | the gentleman trom Vi | ia. The gentleman never did belong t onorable section than I belong to. (Laughter) | (whig) of Mass., offered an amendment, | agreed to, directing the Secretary of the | Navy, in all future comtracts for tho service, to give | the preference, all things being ejual, to articles Pn ehe production, and manufacture of the United | An emendment was made appropriating one hun- dred thousand dollars for a sectional or floating dry dock in to be contracted for. | amendments, of minor importance, were to, alter which the committee rose. je been fully ed. The House, by | iT, concurred in striking out this re- ing, instead. no payment shall made except in ortion to the mail service here- fore or bereatter rformed. | Mr. M ‘8 am ent, that nothing herein contained shall be construed to confirm or ratit\ an) departure from the eriginal contract for b ding ! stesmships and transporting the mails, without th senction of the Secretary ane Navy, was non-con- curred In, Yeas, 46; nw: The amendment for the wbolition of flogging in the navy was concurred tn. Yeas. 131; nays 29. ‘The names of those who voted in the negative, are an- nexedi— n tom, Andi Bayly, Ii Bort Catell, YMoe Ghee, Heke Me ton, ucbard, Jackson, of Georgia, Ja King Lasere, MeKissock, MeQueca, M e ane Perker. All the other smendments were concurerd in, and | the bill passed by yous 117, mays 45. | Some ncisy proceedings occurred on a rorolution to | pay the members for stationery. and tho omployoes of the House extra compensation} but, without disposiag 01 it, the House adjourned, Interesting from the Capital, OUR SPRCIAL TELEGRAPHIC CORRESPONDRVOR ' Wasninvtow, Bept. 23, 1850. There have been some important proceedings in both Houses to-day, The abolition ef logging in the thus far, been very euccessful. The vote War a sirong one in favor of the new plan. Califor- nia bas geined a hundred thousand dollars for @ dry dock. by a large majority. It was added to the mavy appropriation bill by the House to-day. be officers of the late Texas navy bein; pored as an addition to the U.S. wavy, the jected a second tine. ‘The Atrican tteamehip line project having been ruled out cierder, will goover to next session, The demo- y have prevailed upon Ritchie to sell out to Gurko. Be will retire into private lite, Ibis democtatic ene: mies bave urged this step upon him. New Youk W cera y were ro- . 1850, Repo: J. W. Kinkley, B. O.@reen, J. B. tall, ppoiated: deleg 0 the Whig Von ith bas been appoiuted nd Abner Lewis for the ‘oho Stewart, en, ate. News from Texas. New Ontraxs, Sept 22, 1850 Late advices from Texas state that Governor Beil | hae vetoed the bill which passed the Legistatnre, re- quiring him to submit to the popular vote of the peo- ple tbe proposition from the United Statcs reapeeting tbe purchase of territory. The veto was sustained by the Hovse, and the bill was lost, toed the bill calling for gislature jourped on the Oth inst aod w ise on extra ees The Legirh W. Croghan, brother U.S. A, and tather of Mrs, Capt We lure that a section boat fastening near Johnstown, inelin feartul iteeveral ho we The fi js by the Ceutral Kailroed jour days. They would bave reached ree, tor an accident on the road Uboilesen, the person who shot oficer Vox, has be arrested. A tre ocourred last night in Wood atraet, which de- stroyed Mr. Keevale’s hat store, and Kelly & Brethers’ tn end ebeet rom shop. ‘There are twenty-one f bio, and tl Jaet bight. ‘The city is very healthy, and the cbolera has entirely disappeared. & y. iD From Nova Scotia, GREAT FRRSUET— PROPOSED 1ANK OF STRAMERS BE- L WEEN IRELAND AND HALIFAX, RTC. Sr. Journ, N. B.. Sept, 23, 1850. Litters from Amberst. N. 8. announce that an im- | menre treshet ut that place hae dove much damage, by carrying away bridges, mille, and lumber, in great quancities ‘The Acrdian Recorder is uw & line of steomers betweeu Halifax owned in part or wholly by the people of Nova Scotia. Gen, wat Mobile ‘one Morin, Sept Gen. Lopes, of Caban notoriety, arrived terday. The Pennsylvania Canal, Hannisavac, Beptom be A freoh Ureach bes occurred in the camel below Conewengo Valls to-day. The same place had just been repelred. and aan on Beturday [t will require two anys to jy the mischief, but there will be no detention lo navigation as goods are (raushipped trom Herrisburg as before. More Biltikh Conviets Smaggted into this Country. Baurimons, Sept 22 1850. tain Henry W. Harvey,ar- The ech concer Eleanor rived Inet night baving om ten comviots trom the prison sbip Medway, at Bermuda The oo arrested an@ commi by order of the Mayor The captain of the verrel wee held to bell tm the sum of $5 COO, fox # further hearing Loans for Mattronds, Orscuwn ots, Sept. 22, 0 The Common Connell of this city bave gr ated | $1,000,000, to be divided into loans tor the following ratdrends:— Obio and Misetesipp! Keiiroad via Law reneeburg $000 O00, Clacinneth end Lexington, Ky, $108 WO, Baton sud Cluctumati, 916000; {ros and Cineinmatl, $160 000. Lal Warenrows, Sept. 22, 1990 A fre broke owt in the litng house ot Joseph Western, on Steriing street, about 7 o'clock, which sae burnt to the I untested to the , cevor al todaylictant, Wersern # love is $1,200 , Joun be $5000; the poitey whieh was also destroyed ‘The ebureb of taouranee bed just expl Rome. ate, September 23, 1860, A Ore ceourred te the dry gouds store ot Mees. D. Cady & Co., Of 5G Dominick street, ovens by sop. | plying © lacp with spirit gas while it was buretog. The clerk who did it wan rlightiy bursed, anda lady | im the store, whose clothes enught fire, wae rather #- verely Injured, The lors of goods wae not extensive The Late John Maxter, Hire, Sept, 28, 1859. The funeral of the late Mr. Hexter Coot place yerter- Gey. ond was attended by Sevecal thousand per-oas, among whem were the Matonte Order aad several ban ired bremen. Tle Wes tommetiy first engineer of uhe ur partment Prom the South, Darernoen, Sept. 23, 1860. Bot? coutherm maileare through. but they bring ‘The eteamer Vacbt had efrived at New Orleans (tom Tevet, with $49,000 in epecss. The} ve waye that during the w..k ending onthe 1tth, 1000 petients were samitted to the Charity boepital There ie no cholera or yollow ferer raging at New Orbea Marl ots, Ne Cotton fe quiet, Bales of withont & positive decline rales bare been 2.209 bales m New Onerase Bept 23, 100. The Furopean news, by the steamchip (verse, # reecived yesterday Cotton te quuet today. Ft 12}q cents © le seiling wt $4 12% Cie. & Se per vurbel, Reson sides: $6 2b pork. $10 2 $10 2 Whikey, 24% conte por Sugar ie Ormer.at 4 Lovys. Rept. 22, 1950 8 are rathe Ot jard 20 boi Tn other arti at $4 % firm ot a4" nd the derma etive taqulty with The market [* firm for tour $840. For coffee there is on of Bio at Lae. ale Basres Sept. 29. 1850 Plour and grein markets » " ged, D0 bas. heat sole at $1 OS & $106 for ced Mess pork is Uoliee is very bre, end holders ere ask. Avouts, Sept 28 1860 ‘The receipts simec out last have beem as (oliows | ~ | Bales have been 10,000 bus, at 84340 | P) | referring to this trial, | matter which, as counsel for the plaintiff in thiscnuse, | bound to say, that in | omitted to state (hat the same paper which contwined again pro- | o1 T4igc. @ Tbe. tor four rowed. Oste are steady; the trapsuctions have been 6,000 bus., at dle. a diigo, part to arrive in ten drys, Burvato, Sept. 23, 1850. The following are the receipts since oar last, —Flour. | 17 00 bbis ; wheat, 69.000 bus ; corn, 32,000, Sales of flour, 1.000 bbls, at $5.87 a $3M. P id. market firm, common desert; from large receipts; 18,000 bus. weetera, Prison whiskey is abo. * Court of Common Pleas Betore Suet. 25.—fetion fur mas and Dexters, of the Police of the Judg jazette.—Important Charge Mr Coobran, counsel for tho dlefeadants, esuming his address to the jury, called of the court to editorial articles peared in the Herald om Sunday aud Monday, sud insisted that they were ua- rial, and were in Che nature of the 2d Vesey. senr , 250; privileged on a pendin, onlempt of court. He and 2d Atk 7 complaiged that the Herald had reterred to Wilkes’ being indicted in Co- Jumbia county. ith another case, He, coupeel, alleged that these sti rere caiculated ents to prejudice the jury in the trial of this cause, Mr. James f. Brady stated that although this was a | he was under no o! jon to answer, yet he telt articles, as read, he had dis- covered no statem+nt that was not in conformity with the evidence on the trial; and as for the other facts, they seemed to be reterred to as well known public in- eidents. Mr. Brady also remarked that counsel bad comments. contained also a full report of the testimony on trial, which he had not alleged to be in- | correct. The comments in the Herald were mede when all the testimony was tu, and could be referred to by editors it they justified the language of their editorials. If the courw had any power to arraign na editor gin | such @ case—which be (Mr. B} does not believe—they have the power ouly where the comments made ons | pending triel were obviously to impede the admiuis- | tration of justice, which could not be pretendedia this case. He (Mr. Brady) them asked couurel whether he made suy; motion iu the matter; sud deteadaut’s counsel seid that he merely mentioned it for the court. marked that if publications wore made ned to affect injuriousty the adiaiais- tioe, he Wenld not hesitate to denounce iteuy such bad been inade in this cas ould have no effect on the jar: pecersmiy to delay the trial in refere: he tbe court bad Lot been required t upon it, end he felt is only necessery to that th lk the jury ould give ao consideration to comments eutside this court the jury, which h dir. James T. ees Wi Poo ability atter of law, with which Tn reference to the editorial he contended that they coaid neither affect the case of the defendant nor of bis (Mr. | 44."s) client: but he would say, that there is pot # fxot stated in either of them which is not tully sustaiged by the evidence; and the comments ere in favor of some of the detendants, The editor sets out by eaying | that Wilkes © only responsible persou, and | 60 far as Wilkes is concerned, no comments have bern | iaculged in bai what he (Mr. B) himself should ret > | rate in bis Counsel Ub argue the liability of the defendants, To: Dexters; they caunot deny thei in distributin throughout the land, the slam chlent in support of Criminal # videmoe, 600 end also to & decision of Judge Neison. if they we: not lisble, any insolvent vagabond wight libel community from day to day. and there would b redress. Connsel then went om to show that the i ters were the most responsible plaintiff was turned over to Wilkes alon nothing to lead them to the bellef that they jollers trom Bim. Atter an address of length, end the eloquence usually disp dieation of bis client's caase, is enible for us to do justice to, from the ieagth of cooGings. Me. Brady concluded by ealiing on y te mete out jnstiee to his clieat for the fa- Jury be bad eustained by the unexplalad acd wajast insult of the detemdants. THE WpeRS Crane, had to decide upo: defendants ix a | | Cleaffected the reputation ofthe plaintiff untavorably, qd iBetitostion Uist the defendant did not know the | -TUESDAY, SEPTEMBER 24, 1850. er? The defendant, Wilkes. admits it was in reply to an article in that peper. He admite he bad secon that paper, and the name of the pas at its head That name eppears ut ht, D. Anson Pratt. The | pleintif is admitted to the editor of that pa- i, With these admissions before your mina, a fact that the plaintiff is that editor, to whom do 4 gentlemen, say that the article 18 pointed—for in ang dispute on that, you are the judges. And if the arti- ele did in fact reterto the editor of the Merchants’ Ledger, and it holds bim up to contempt and ridicule, or exposes him to disgrace or georn, he mey maintein an action, and he may do so al- though it be true that everything contained in th article was literally true in reference to some other | | person, by whatever name that other person be called. ae tho fulee reference to the plaintif’ im such oases t t gives him theaction. It would beintolerableifthe or mlademesnors, or oll of one might, with uted to any, or every, Other, who may 4 —elt by direct tion, oreven irony in a mi which Li og the innocent into con- tempt or disgrace, To impute to 01 ancther, is no tees a falsehood, no hess cups! to impute to Lim crimes not conneoted at ali with him. it ia no sibel to say that one ts the relation of another who is described a8 infamous. It is a libol to se associate one with acts which render a man infs- mous, as to lead to the inference that he is the actor. You, gentlemen, will consider the tone of the arti and if on i(s face it is apparent to whom it refers, that isruttcient. If not, you will look to the facts proved or admitted, which explain the reference, ana show to whom it was pointod, is M. Pratt was the person intepded, why wae the Merchents’ Ledger referred to, with the distinct that the writer had seem the name of Pratt at the head of when the name he had thus seen, was “D, tt.” and not Francis M. Pratt ; audit rete- Nation was the pur, ef the article, wasit not aimed at the avthor or publisher of the previous pattiostion im the Ledger. How was itretaliatory’ It is however, argard thet (he siticle complained of, ascumws that Fr Pratt is the relative of the editor Visit of Mademoiselle Jenny Lind to the Heraid Odice, Yesterday afternoon Mademoiselle Jenny Lind, ac. companied by her private Secretary, and Signor Bene- dict and Signor Bell etti, with Mr. Jay and Mr. Barnum. visited the Herald office, for the purpose of seving the machinery, The presses were not at work when she arrived, and Mr Bennett, in the meantias, shewed hor the editorial rooms, and his own private sanctum While waiting for the forms to be placed on the press she conversed about the present beautiful weather, and spoke in glowing terms of the fine, pure, healthy bzacing alr of our climate, In reply to hor inquiries about the equinoctial gales, Mr. Bennett told her they were to have come on last Saturday, but were postponed on ber account. ‘Lhe enjoyed the joke, and laughed most heartily; re marking: that itwas very kind of the gules to postpone their fury fn compliment to her Mr, Bennett added, that during her stay in Boston the gales would spend all their rage, and the weather would clear up for her return to New York, fhe again laughed at this merriment, and ber face ageumed a knowin g,arch, expression, which is peculiar to her in rome of ter m code, and which seemed to say “Yow sre a great joker, Mr. Benmett.”” Nothing can be more free and unaffected than her simple, artless g00d-humored manner. of any hind about her, Shrewd, good sense seems to pervade her features and her every action. In alluding to her intended visit to Cuba, she ex pressed some apprehension about revolutionary trow- bles there, when Mr. Bennett assured her that she aveph ; that Francls M. Pratt cherished ! to the defendant Wilkes, and that the provious publication inthe Ledger originated in that iil will, and thatthe espersions upon character are ali ad dressed to Franeis M. Pratt only. You. gentlemen, have heard the comments ofcounsel on both sides upon this question, and yon must decide upon the whole evidenoy, whether this article refers to the plaintiff in such wise as to bring him fate contempt or ridicule, or expose him Co disgrace and soorn, if aot, your enquiries stop re, Aud (he deiendante are emtitied to your verdiot Tilt does, then was it malicious or mischievous! If false in) its imputations aud libellous in its charseter, that is evideroe of malice. Ifmade to gratify either & epirit of detraction or s spirit of reventureat, that iv evidence of muilee, Ifaimed at the plainti. unless it | is true published for lawfal purposes, it is mali- | cious in the eye ot the iaw, And this leads moto the inquiry, what is @ justification? The publication of the truth for lawtul purposes is justitlable, The de- ndant mow docs not attempt to prove that it was true im any degree, so far a4 it alfects this piaiviill it afeois him at all, If therefore,tie arti. there is no justification based upon itatrath Itis no | piaintif: it is mo justifeation that the defendant be- lieved ‘c (rue; itis no justification that he had been told that it was true; it is moO justifieation that the plaintii bad inserted im bis paper au article retlooting vpon the defeudents, or either of them. A party, whea his own chorsctor ix assailed, may defend it. This right is ne clear as the right of seif defence in any of it relniion®, Persom or character being attacked it | may be owirnded; and an artiele having only this | wstifinble. if true initselt. although z « neceswary consequence, make the in- jury react upon the reputation of the adverse Party. Put this will vot jastity falsehood, or ex- hte & Gistinct independent libel. No more thaa oe eeavlt j alidies a subsequent, independent ns- sault by the rutject of the fitet attack. Revenge is | ue justification, the gratification of bed passions aggra- ws the offence. Phen the ques- | ishers of = gives it out tor pab- lication. fe Cals portion the detendent, Wilkes, d tpe'y pisces himself by hia anawer. Secondly, he ube prints {¢ for dissemination is be distributed to the public. If the deteadant, Thomas, venus the press ou which the paper is printed, and ro- ceive the prodts of ite employment, in proportion to the quantity of patronage whieh can be secured to it, althouy h he ertrests it management toa third person’ tion as who Let Cakes his expenses amé compensation ont of the ree) *, he ls to be regarded aa the printer within uigecting Che priater te lability for what is Thiraly, gent who keeps an office and tas veller, and who does ell the paper » to be regarded aa Dileber of Lie ope whe may ba Not every subsertber for libel. Rot every rerstom In Iebie per whose tebe the deily papers are found and read isa Judge Woodrns then suld—It ie hardly necessary for me to ay that actions like the present involve the | consideration of principles yital to the well betag of | the community at iarge, and the pesee, beg and | Lappiness of every member. In uo counsry lu the Justexporition. and an tmpar- | ergetic enforcement of thelnw of libel so essen | inourorn. We and we have the enjay- | ment of, Liberty in all things. in its largest and best | tense—or, as I might better say, im its tre ad only | tense, @ liberty to do all things consistent with the | good of our iellow-citizens. individually and evitec- ly and tm no department do we prise that liberty more bighly than im the privilege of expresting our jaivns aod sentiments, whem aud where we will, on any subje ich we or others feel un interest Out furdemental law has, therefore, excluded all | Irsvotic tupervision over tha liberty of speeoh, o¢ | writing. and no erbitrary censorship cau be Lasth tuted Uo restrain its exercise But this very freedom begets the necessity snd magnifies the import ot & correct understanding of the proper li of ite exercise, observance of part of the citiven may freely sentiments on ail | jepends. The right of | wy the rame eonstl a upon our persons, bet! on personal seourity | bee mere preciour—our character and good »: then, en the ene band, the y to speak, wr! publish, subject to legal responsibithy fur c tons depeud right ot perron ® tj; amd on the ocher, the fua- damental guarantee of security against that jinistrators of d to tain that just ex shall effvetually protect the rights of bot of the pre en for good and for evil institution mort preei hen mort ¢ offensive. when aby Ith itereates es well as fosters that very public se vyon whieh t depends jor its support. uy so a4 ic spirit sod tendemey ie mors!. virtuous, and healthful by so much it extends the influence of | virtue ond good morale By so much as it ministers to merbid + \tinted tart. © prom: tes unworthy presions by #0 much tt prostitutes itech », corrupts and degrades that public whom they nndex‘ake to enlighten and in- | struct, While we may an ht t hold all to striet reponsibility for abuse more £0 beonuse we pritethe Wherty whteln te a should remember that the offer and duty of the conductors of the pub- lie press, ie delicate and respousible. We took to them for the large difusion of useful knowledge. We expect trom thew the dissemination of just opiaions, the ova- demnestion of view in alt ite forms the encouragement | of virtue ite relations of public or private lite It te theirs to roratinize the acte of pubic aathori- tes, In the administration of justice and promot» the paneoge cf usefal laws. We demand that they should heid up the volee of warning against eri of all sorte, to csution ws for our protection. and to prevent evil doing by exporting it. These duties are no leet delicate than respomible. They | eall for the exercise of the highest virtuss—trath, fidelity, rarne ty and searching diserient- nation, and thee with sineere honesty, apply , themrel vee faith hese just and proper parposes, ntitied. when their conduct is ov ile to the follest protection in the disoher, duty, nnd tes lenient regard ifthey ere. In this view. the pre i Interested in in question, their nintent Invat. lage! | very man wh in thy isendeavor | the question fred to be a os vith & misely government, of ridiculous writing, mede 1 ber barons timputing any defi ite if tending to reader the ce. ridiente, contempt. or hot bie. It ie nm tt it pablicned eo party Uibeliedte | matter com It may be by the | copstrnetion of complaint ehich are The lenguege Complained of tx | according to the netaral and most ebviou* meaning Fe ore to tend them and judge of their meaning as we 40 of language ip the ordinary business of life. With | thit im mind, it your provines to inquire. in what ceuee the article in ation ie to be wnderetont and | te whom dors it rete Por your guidence you bh the articis iteelf, ond the extensive facts given in evi . donee before you, Was it aimed at the of te | monly Known as ibeiler, # without his knowledge there be found im them libelous matter. It Isenough to eay that those who wake i: their business to aclt and distribate for pregt the effusions of the daily prose, do 0 4s coe peril of just respondbility, Thay, undertake the tushuces ‘at thelr own MaBr and if they sliow themrcives to be used for the purposs of divsem. inating Guwarranted upon ry totion, they are Hable If, upon the views I have Pe ted, you find the defendants, or sey of them, linble for publishing the artiele im question, you witt consider what onngaes the plaintiff ought to recover. Ll bare remaricd Nypoa the circumstamers white! b and those which do not, amount to # juatication of libel, But ineny maiters may be considered im mitiga- tion of demeges, which are no justification of a libel. A publie ier, by selling oF ignorance t Ne inting & pr in entire of its coments. Taot i bd comaldered ja ne seme light a a yolontery publisher with fait ki ge that the libel was there. A publication. made ef the provocation of an unjust attack, | ta be regarded with the seme severity as a yoked attock In this vie e article ~_— n ked apo . You may bear ad, if you thing it of which the itkes could justly com. | if at all, to explain the \ oldered Lo Cine | errs, is | token in ¢ +4 uh Maher te @ the imputation. And al- ve been misled, ify pub- | from another, ays to be true; he tx not justiiied ta ation which The offence 7 t groun teow in themeetses, ebich (ue publisher dors not himself Velieve, ork a to Broder And tires of the pabliewil lanes, [The l pabitcation may be libellous, mach put forth to gratity re It the detendat civen you, are guilty of the lihet def, they, or so many as you find guilty to the came extent—we cannot sever te dameges A Juror begged to ask the jodge if thay could divide | Meret the smonnt of oamages on the diferent det The judge the neg: and said they have ecm tted themevives to the reme responsi vility, aud as to eveb as you find guilty. you will find your ver- dict cereraiiy againet them for the damacer; and a+ te any whom you find not guilty, you will fad geae- relly for them. The jury then retired. aad not having agreed st halt- Dest jour. the judge ordered a sealed verdict to be reo dered thie mort! Court of Oyer and Terminer | Before Chict Jumioe Kamends and Aldermes $mith and Chapman TRIAL OF SAMUTE DRERY. Bere 22 —tu conseqnenee of the itine triet Attorney, the trial of Drury was postponed to-morrow mornlng § otences—Dogu Mel der of unfortunate tor In the fourth degree years timpriconme: nt tw the Ste Lane pa iedteted for the murder of his m of the Die a“ nan, indicted for the mur- an but found guilty of was vet ONK-EVED Tu Yerterday afternoon, W 5 35,000, Hi. Thompeow. more com ne Eyed Thompson fre Justice Monn tt the ohare te conpertion hited wich e in aileped to ot Weenet on of destroying the lif on to the b for the pur Warner. Tho examining ¢ hie own exw fe right | am Brooklyn Quesiion—What hare mode agninet you Tam altogether | mined om th on that Have you been in » Peatedy pou in hie ” aorwer, that 1 nder the wt I hers siteady retorned tiome anewer of j Andon # f | Kings county; Jobm Pieree No» u79 lyn) Francie RB. Spinote. York rerret, snd bt jerrit) grocer, 188 Bront street Mrothiyo \ ‘The howd ene signed by art foorot the ahere nie f Persons, ond Thompwn was disshs eet trom our ay need not be ja the least alarmed; that it was only Lopes who bad made a iittie noise, and that he was now oxtinguished, At all events, the Cubans, evon if they had any intention of making a revolution, would , follow the exsinple of the westher in postponing it on her account, charmed as they were sure to be by her powors of song. Another knowing laugh from the Nightingale fol- lowed. Mr. Bennett then conducted Mademoiselle Lind down the dark subterranean passage to the press- rooms, when she yery wisely and thriftily gatheret up her dress about her. lest it should be soiled by the ink with whioh she was surrounded on every side. She appeared to be amazed at the complicated machinery of the presses; but the moment they were put {n mo- tion, ard she saw the biank sheets (tem thousand aa hour) go in. and como out instantaneously printed, she lifted up her bright expressive yes to heaven in utter attonishment, She was perfectly absorbed in the contemplation of this triumph of science which she seemed to regnrd as greater, ia its way, then that of hor own wonderful organ, for it is an almost omnipresent power, by which her diving | notes are multiplied and seattered over the earth every day. She examined minutely each portion of the machinery, and was not satisfied till she under- stood its use, She waited till the entire stterncon edMion was printed, and then gladly accepted a copy of the paper, which she seemed to prize as having actuolly seen it printed. She evidently took a deep interest in those lightning presses. On leaving this room, the printer's devil called tor thiee cheors for Jenny Lind, which she deprecated with» lengh snd ® greceful shake of her head; but when, in response to the call of the young urchin. enthusiastic cheers from all the men reverberated throwgh the envern, she bowed repeatedly in ac Anowledgeruent of the compliment She then ascerded to the Jobbing office, where Mr} Bennett showed her another press, worked by the same steam engine she had coon below; also, an old hand press, which happened to be at work, at whose slow operations she was highiy amused, alter just witness ing the wonders of steam. Mr. Bennett then informed ber that Me. h. M. Loo, of Now York, the inventor of that press, was about to make, for the Herold, amackine to be attached to his presses, which would cut off each number froma web of paper,os printed, aud then fold it ap In reply to a yuestion from Jenny Lind, Mr. Bennett informed her that the newspaper press threw off, with ¢ase. 8,000 cupies in an hour, and ie capable of printing 10,000 im that space of tim Thie seemed to astonish Miss Lind; but she would be rtill more astonished if she were informed that that peed can be easily doubled, if requiced. by some addi tlons to the prees. She then ascouded trom the lower regions to che light of day, observing te a gentleman on the stairs, a8 she came up that the Herald establieh- ment would reyeire a great deal of reap She alluded ve the printing ink che saw om the walls all aroond The question now war. how the could get to the car Tinge. As soon as abe arrived. it was necessary to close the office doors to heep out the crowd, wich quickly collected on secirg the carriage. Bat when she was in the press room. che m ultitude hed accumulated to such an extent thet Fulton and Nassau streets, all round the Jirvaid buildings, were filed with people. As soon as the dcor was opened. a rush was made from the outside and the office wus filled, Mer onrriage, wa- fortwnately, war net ot the door. amd rhe was thus de layed for neme time when a further accession to the erowd took place and they burst in the windews, ant cheered and shouted in t It was were reary to send ont Yoolferoas manner. Mt the police overs | of the Beoond ward to ma’ fe ; and even with thelr « oa gent! Men, it wee with the gree weé the 1, whew the cheer t vociferous je eeemed mad wi xoiement The most popular wemaen in the world fs Jenny Lind. She then 1. with her «nite, down to Wall on busi. throweh Brovdeay to tho Irviag Bennett, them re- Hotel. No artiste, no » to this country that enn pr edu sent equal to that eaued by the gres t genius, and still greater heart of purity and bene rotence, porsensod vy Jenny Lind WORE ABOUT 3% im THY MENT GIVEN BY TH YFE HY GRADY Yesterday iorenooe, Mademot jenny Lind and sited the steembost Expire State, at Pier No River, lo order to wlect her berth for Wednes- day evening. She Hghted withthe bovt and Its eplendid ae ret vhem she enlied upon Mee bese nea Hevee. <i fo Tun ne THE ENTER TAUN= HER DA@UERRE MAYOR An immense crowd on ieaving the boat. sburiastioally. The wheie of the the kets for the eoaonrt (bis eveniog being the Iaet for the present © coud atan early P youterday, with the exes pt! promenade wilh not be sold fill a quarter to 8 ning. wi the Aliontic Garden ia order jon of the sone 5. Those who have purchased tick de well to be in Castle Garden by belt part evven a prevent & re mfort of all veniog be feet piace, jog bre }Rene taken. and tm the b have i exbibited, hax permit w it to the pabite, wl o ing him i t for ber ithe to denny Lin ow whieh I perceiy Your informs fetersnee to thr » given hy enny Lied. is cortert far an it goes ublisbed alogue im dein he pgule re 16 ig Bs flows yor Wood y inoe)— Ae Mo w the vity, 1 he + personal Fe-pect. hd tn ate © youto Amertoan ladies. Your # y slighted wathicevening (Mae smnotectte Lind by heow tinaty ciremmetances | not ter ‘ wal favor | am #t he adolr nelueten of thie wing mar mer inae tr lie Jenny Hind, #60 listened very 4 me, then drew her i* ty ot het ib the There is no hauteur, no airs | as 8 manot @ Hark as a woman of br. juyor turned away rather abached, observi: that be knew it was not right to ask her, 05 “is “Glory to you, Jenny!” said I, sotio voce, and [ thovght of the story of Mrs Wood, who. when in this ears was asked to sing under d at first declined. but after- ry the lady of the howse thot was invited, cheerfully sang alltheevring, Next morning. Mr. Wood sent ics | Lill for $1,000, which wae died Jenny Lind sung for the Mayor end hia friends, I euspeot Barnum woo! have sent a far larger Dill than that. Inter(sttog account of Signora Parod!, the Rival of Jeuny Lind—Her first Appear anee ln Kaly—Her inatruction under Ma- a—Her Appearance as Prime at Palermo, La Scala, and tn Lom probable Heception tm New= Lonvos, Trrspay N, | James Gorvon Bunnerr, E: | Dear Sim—As y cur regular London correspoad- | ent will give you all the recent political aspects of our island, and of Europe, | shall occupy my sheet in an authentic account of Sigacrine Parodi, the youthful eantatrice, who has so suddenly achieved ja Europe, her great reputation. 1 cerelode tim this information will be acceptable to your Amer- can readers, among whom this great arttste’ from all accounts, so soon to appear Like moat other distinguished characters, a vast deal’ bas been written about Signorina Parodi, on which ao relience Whatever can be placed. 1 will brie! state to you what | happened to learn ia regard to her early history, in Genoa, her native city Jn the winter of 1844-5, which f speat in Genoa | first heard of La Parodi, and first saw her at the house of Mr. Lester, the American Consul Gene- ral, under the following cireumstances. At a sowré musicale, given by the Consul, to an Ameti- can Commodore, who had just entered the port with his ileet, among other musical attractions uf the evening, Was introduced, a blushing, modest young girl, who could not have bw more than sixieen or seventeen years ¢ The party had been entertained by several sing- ers of reputation, by the wonderfal perform- ances of Cuialdi, the most famous of the Lalaa tmprovisatart and artistes uf ecldt in almost every department. La Parodi was then entirely unknown, even to the fashionable circles of Genoa. The Consul seemed to think, however, that she would astonish his guesie; oud she aid. The great salon Wes crowded, and many others Were the Count of Syracuse, rot the Kiag of Napler,) the Princess of Wurtembarg, two sons of Maria Louisa, the Prin Lreolano, of Bo- logne, the Princess Roces, of Nuples, besides some of the best composers of lialy, with masy other distivguiehed counokseurs from other parts of Luroje. It was & hard tesi to which to bring the youthlul signorine, aod Ut she had faced that migtt, she would have found lure for lite. Operti, a macsiro of some ce but a far more se- complished pienist than Scrakesch, who is bat it, Sept. 10, 1550. a complete humbug, though be has made co much neiseé in your country, played for ber the accompeniment of Casta Diva t shail never forget it. | have heard J iat, and all the greet cantatrices, and they executed it with higher powers of art; one of them ever performed it with ah ofsentiment. At the first perform nc was petiihed with astonishmest—the compiny aevembied could not believe their senses, fia Porodi ghded awey from (he pene, aad took the aim of the Consul and watied out on the balcony, dgitated und almost fainting ina few miaates obo yemmrned, and there was versal desire to have the perfor ce repentes (was when she waited up to the piano the second time; che was no looger the same being. She walked with firmaess aad pride; amd when she struck the firet note, it was Wilh a voice perfee der ber control, Ata siogle efiort she seemed to have eprong away into the at tmoephere ot Frezzolini, or 1 i. At last, same of her notes reny out with the ¢ of Gries; ond as 6 Vv ineren. , power, vothastaenm tors imereased, til, when she rag up on her jest tril, the equalied any single strein | had ever heard in my life. | cannot describe what fol- lowed. In ten minutes it seemed a6 themgh the reom iteeM, ite very walls end pictur: s. ad gone mad. The euests could not restr jes d would have knelt to her aud complimented he: e we wy Ladies took her haad a nissed her, with 1 Everybody looked oa her ue something unearthiy. The Itelians seemed to Ivel for heros they would toward a Madonna. Agria she fled from the salm—not, a8 before, blushing, tiunid as o fawn, trembling and feinting—but aston- ished, Wondering, enchanted, even herself, And e did not sing like an artiste it was perfectly ‘Ot thet she Kuew little about art; and had ut not been for that sweet and numetess chore, whieh | can describe only by calling it eachanueg inellowness and deep feeling, whien impressed so irresieubly a8 a sentunent, ot ae 4 perform- ance eu the hearts of the auditors—it would have been esteemed unartstic and indifferent aing 1 have often witn i the sume thing in J Lind, even in her best days, when she 6a cout other heart; whea she trampled the ra the master under her feet, and let her voice fly ewoy, like on uneaged bird. That evening La Parodi sang not lem than tea or twelve times, and rom at leet five compovers; ond when the soiree rr, nid she left, several of the most experi- nowwseure, who remained fora while, w enthuriastic in thei admiraton of the new Some said she would eyual Persiani, whow che them resemble otvers, Freczotio, whom abe mode therm think of; and car of two declared that the sang better than Girwi, the first year the etege aunoluta, ie events, & and nobely dounte # prima dow t ‘ would aecompieh simost anytaing, with agood teaeter L afterwards met La Verodi ot Mr. Lester's Louse, and the test impression she created woe confirmed and d ed. She went under the a struction of Medeme Paste, mud from that time history it knows to the world pearance as prima downa, | fa houee ie t cited a weme val the cam at Verona, nad the neat ens aScuia, iv Milan. She hed, in the meen i) progress under che able treiming of Madame Paste, who did aot how. lant, a tate to prediet for her a most he was wot mi unprecedented career did she over esti ste the powers of b When Jenny Lind was carrying ‘ore her bere mm Leadon ring the ecane and it wea said that nobody could rival her, of even draw a houre be nomel prices, Le Paredi Was sont for, end the resolt was ae unplete tre umph. You ha ‘ ad about J any by this tiene, fe he top of the wave; hut arodi snore: ded perfeeuly i great a joule 00% te fail int wh enw * ” nthe fot ep cal i ating, | tm cxceedingly auxious to heat how Jeng od ba received Uf enore, a= ofall Pry if Mies t Li's \ ofree gutters wot he om the soyeee she appears before one yout ber’, eudienere the first nieht, in Norma, oF ay or 4 of the erat opere, be rect with euch extrend etary 4 Aerty fi Yo