The New York Herald Newspaper, October 30, 1850, Page 1

' THE NEW YORK HERALD. WHOLE NO. 5985. MORNING EDITION ! i- icanipaiineceesaineo-ostens a aaa antennas aoe = —— = en ee + ———— “«, m pes 2?) Henry Butler w Bruce ° , i ONE COUNTRY, ONE CONSTITUTION, one DESTINY. Se 1,0 ive Ming NEWS BY TELEGRAPH. } arian , ae , oniee as la stheatbiest aied . UNIONMEETING. Man tna A} Gla | The Fugitive Stave Kxeltement Thronghout | yA nent’, ceraleation in the tm THE CITIZENS OF NEW YORK, | WITUOUT DISTINCTION OF PARTY, WHO APPROVE oF HB PSAck MNASURES or THE LAST SESSION OF CONGRESS, WHO ARE DISPOSED To eUNTAIN THE CONSTITUTION AND LAWS 4 OF THEIR COUNTRY, AND TO MAINTALN ‘ THE UNION, )-And for such actien ae 1s best eatevlated to arrest | the further pregress of ro.rrfGat agrraTieN in this section of the country, will meet at CASTLE GARDEN, THIS EVENING, WEDNESDAY, ocTOLER 30, aT 7 O’cLOCK. ‘The following gentlemen will speak on the occa- sion, viz. — JAMES W. GERARD, CHAKLES O'CONOR, OGDEN HOPPMAN, WILLIAM M. EVARTS. JAMES 'P. BRADY, JAMES BROUKS. Letters of invitation have been addressed’ o the Hon Daximt, Wesster, the Hoa. Danret S§, Dickesox, and others, some of whom at least, it ss hoped, will be present. EDWARD SANDFORD, We are requested to state that the names not yet publ shed, of the signers to t for the above named metting, amounting to sxveratL. THOUSANDS, together with the 5,000 or 6,000 elre idy published, will accompany the official report of proceedings, to be issued under the direciioa of the Publishing Committee in the course of a few days. The ag- gregate of names, reckoning the tacividual mem- ‘bers of firms, is believed to exceed TIN THOU- SAND. ere UNION MEETING OF THE CITIZENS OF NEW YORE. The undersigned unite in this call for a public meeting of their fellow citizens, without distine- tion of party, who approve of the peace measures of (he lest session of Covgress—who are disposed to sustain the constitution and laws of their country, -and to maintain the Union, and for cuch action as is best calculated to arrest the further progress of politica! agitation ia this section of the country. Hicks & Co Thomson & Co ae Aleoj de Chauncey BM Whitlock & Co ‘Wm. Whitlock, & Co Brown & De Rosset ‘Win fl Aspnwall O& A Wetmore & Co Moses Tay tor Woite & Gillespie P Chontean jr & Co. Wolfe, Bishop & Co NT Hubbard & Co HM Boyes & Co C and L Dennison & Co Chis B Batier AB & D Sands JW Gerard San) L Mitel Nicholas Dean Ball, Tompkins & Black Wilmerdings & Mount Jobn Ade Geo J Taylor & Co Win | Lane Jno H Brower & Co Townsends & Millikin G G Howland ae by Smith & Toun- Johosen & Lowden sen Peter J Nevins FS D Lathrop & Co HK Cornin: Wright, Betts & Co Richerd P Buck Nathene) Ward Nesmith & Sons Perk Lahey tye 4 Boys Co Cur wis eer Chas H Marshall & Co Rankin, Duryee & Co Taylor & Merrill M Lh & Thom Wm H Webb mn & Austins & — RC Wetmore & Co Marshelt O Roberts Fearing & Hall Lesvi oe Rpm #, Catlin, itt Wart & Sherman ci Coffin, Bradley & Co Eprovils & Co George Bird & Co eonister & Har Lord & Sneiling Grant & Barton len, Hazen & Co Greenway, Bro & Co Zebedee Cook Cheesebrough, Stearns & Co Jas 3 Aspinwall Basset: & Aborn John E Earle Calvin W How & Co Jonas Conkling & Co Doremus & Nixon W Smith Browa Geo W & Jehial Read L& V Kirby Richards & Cronkhite Lewis B Brown Sons Benj ve Slete, Gardiner & Co Scott & Beil Gernic & Betts Jas Horriott GA Conover Ino H Carrell Amos W vodraff Robert Smith lond Peter Begart Jas Wotherspeon John Campbell Joseph Rogers Myers, Suydam & Co y B Fuller Persse and Brooks = h Duaiog Furman, Davis & Con- francs A nor GA Leonard Waldron & Iisley Bea's, Bash & Co R& DM Stebbins Wm © Langley & Co Foster & Livingston Floyd Smith Atwater, Malford & Co Chas M Connelly Havermeyer & Mollers Riehard Irwin Amory Edwards W W De Forrest & Co Willian B Aastor Jacod Le Roy Stu Clearman &Co Hotchkiss, Fenner & Co Joka Oryder Tnonms Crocker E K Collins H Weed & Co StewoitGreer& Co J& J Cox ‘Wood & Grant Dabois & Vandervoort R Buieid § Stephen Barkhalter aabbort, Dodge ete ae ae Reed & Co wrerce,Cla aher Yn ui Frankia Baldwin, Dibblee & F Cottenet & Co Wor Cooper and Giraud Gibert, Cobb & Johnson Joba L Buckley & Co Downs & Giteau Durhem & Dimon E D livribut & Co alsted Swift & Harlbut Cromwell, Haight & Co Wilson G Haat & Co John Caswell & Co CW & JT Moore & Co Hy W Barstow & B Setton & Co qreweeidge Dataht & Co Eerl & Deon Compton & Tarner Jones & Johnson Marsh & Frear Se bowlend Hadson & Robertson pnwall Wm Hf Franklin A Stewart Osgood & Jennings Leverich E J Andereoa John 1, Greham Jas H Nan Allen JB Vermua Hiram Ketchem Deniel Jackson ‘Thora Harrison Lee Mortimer Thorne Minturn & Co BAymer Schuyler Livingston Jaech & Weetervelt ond Edward B Thorpe k, Sutphen &Co F Wilson “oy Struthers & Vail ‘Wm Thorne AN Seared OC Browa A P Sheddon GB Gray George Parmer Robert Carpenter uA BS {pe Sirethere mi jowe Merril, "Townsend & OH shepard Boynton Munson & Co N Colee arrows Pitcher ‘W G Barney rt, Moorhouse & Mer- RG Green rit Chas Pridge Join A Lockwood JR Patron AL Keynotda ‘Thos |i Clark Chalmers & Ward Thos Maem Gtaydva, Swanwick & Peet me Horie & A on bere & Stewart © Hopkins e cBede, Jr osiah Wiel een John O"Donohwe ite Sa n Townsend S Kellogg J & Co A IM Sloan Z Newel amilton Farrell 'G | T H Welpicy ‘wylor & Kicherds Lee & Brewster L& V Kirby & Co Murphy, Benedict & Co Win Kirtiand Burnhem, Phand& Co Henry L Clark Hali & Lodine W W Underbill Wallace & Lutteretl S$ & T Lawrence Thos Borry JW Rumsey George McCord Wm Saeuker George © Rich CP Marks HA shew G P Bredtord SAtlen Hate & Yale WWN aU Matthews Jas Meatica Dibblee & Friak | Kobhins,Lengdon & Co JS Howell JJ MeCall Chas 8 McNulty Scribner & Goolidze WZ Lemed | S Cary Sam b L PW bogs & Son hk tive! Jackson, Robbins& Co lL A Avery BH id BR A Booth | GL Anthony 7 NT Niebeison JB Simpson Wright & Holzent Wb Heyt Torant Puwom A A Dunning Sandeison & Grigg TE O'Shea | Leder & Co LC Coe MeDovgsi & Rushniore Baldwin, Bliss & Sheldon Booth & 7 Edward Henley Blachtield Deekereon & Churchill Hogh MeN CB Bostwick S$! Gouner FD Page 8 Dirgle 'W Jerome Combs HOC Varker FR Page John S$ Shepter MM Brown NDSmith Chas Abernethy Longs & Woods Bartlett & Goodrich Malcolm & Gavi J. L. Beiver Brono & Cargill J Oburmbertain M Chamberiain J A Davenport John Doggett jr Lyman Converse, & F.M. Jones & Co. ‘omerey, H.W Bornes AW Holitster Speor, Ripley & Ce. Ketchum, Moutross & Vail & Purker wr T. Saundera CF Pigeregilt A. HL. Von Pelt HON Gage G W Sunors Hosmer i Hubbard Chambers & lieiser Sanders & Forman Genio ©. K. Spencer John Dewitt & Co VY. Bellman « Peck & Btoed A. G. Jerome Van Deusen Jagger, & P._R. Brovks ‘0 Pairmen C& J Davis Thos N Dale JP Hull Jehn D Camp Slausea, Barrett &% Co E Hillyer M Valentine CG Zi John Seduwick Aldneb & Burton W © Braviek Chas H Parsons J.C Walton & Co JF Moyses T G Stewart & Co McHarg & Richardson Wm Rowliad A Norh R Mali kin ‘Wim A Guest £ O Halliday Vincent & Beekman Chas E Appleby Lindsley, Cameron & JB Mount Heyward Henry Li Porter W © Landon Danl 4 Caras W F Merrill Dsal b Tualow EC Fisher Gee Catlin Y oung, Bonnell & Sut- Db Brown phen Wm W Youngs Semuel C Foster Hugh 5 Poliock And upwards of ten thousand others, for whose names we shall endeavor to find room to-morrow. The City Industrial Congress. TWENTY-THIRD SESSION. At cight o'clock lart evening, the City Indastrial Congress held an adjourned meeting, in the Supreme Court room, Henry J. Crate in the chair. The Seore- tary read the minutes of the previous meeting, which were upapimousiy approved. ‘The principal object of the meeting was, it appears, to adopt such measures in the coming election as would ensure, if possible, the election of members to the Arrembly friencly bd the Industrial © that purpose certain candidates were mended or repudiated, at to expressed t de the great principale of the to secure the laborin, Mr. Bes Paice, Chi tee, rove and reed letters from nominated candidates for the Legislature, as follows:—Yrom Alfred A. classes thoi just dues. keman, Fitth ward; | the pu Bome comsiaerable iscussion aroee as to the pro- | of reco! parcioular capdidates for Neette cbine separate wards to elect a ever, the letters were r y Mr. Prive. ing is a specimen, sont by Mr. Thompsen New Youn. Oct. 24 1950. Gratiewen:— Your note of the 224 instant, iaterro- getirg me as to whether Iam in fevor of certain mea- sures specifically referred to therein, wes reecived by me the dey after its date. Permit me to assure you, ger.tiemen, edly in favor of gras ting to not vel sett ion the public land: to the several other measures particularly favored by the “City LOY mete | | no Congrers,” I frankly say to you that I ha any fixed opinions concerning them Ie only ray to you, that should I be honered by au eleo- tion to's seat in the Legislature of our State, aod should those measures co before that body for legislative action, I would give them that fair and candid considerstion which would enable me to deter- mine my own course tn reference to them. I regret that election day isto near at band as not to afford me sufficient time to examine the p:inoiples upoa which your “ City Industrial Congress’ is based; tiace it would questions decisively and at large. Bustained, in everything, upon whatever of industr; are mingled with thow T may porsess, my sympa’ of the industria! clarees: must alike be herded, i trust I rhall always be found going as fares law sod justioe will warrant to fave the perroral and the collective interests of Wo. ke | eso. | i mn. Very reepeotfull: ars oe of AuneRt A, T To Benjamin Price, John H_ Keyser, W 8 Gregor, avd Patrick Dillon, Eeqr fom vB ike working elacses 7 nded for the Second district; | Charies A-Data for the Third district; Abraham K Wakeman for the Fourth ¢ riot; K. A. Bally tert Fifth distsict; M. eb the SLath district; M a Downiog fth district, constituting the Pourteerth ad Mike Walsh were both put a wes not reliable. A motion was from the and edvceated the principles of the Industrial Coa- The following resolution was offered usanimeusly: — ‘That in i the sonse of this Congress, James t worthy of the ened tte 45 ecndition of the producing clases. ‘The meeting then sdjourned. it being near ony Politics DEMOCRATIC NOMINATION. the hours of John Clark, corner of First iy. and A Warts for Avistant Aldermen, with an entire charter ticket. Political Intelligener. | Tie Raver or rum Painnne or twe Uniow ax New. 10 srowt —Although the foul doctrines of Seward in New York has not ort it is only © i owe fee qosoarag! Em, 14 It i* not yot too Tete in the day to or. narionat party, fe. robake a » Prive im the aval sorrion ifornie eee sas re the Country. THE AGITATION IN BOSTON. Bosron, Oct. 29, 1850, Knight was a third time arrested last night, charged with conspiracy to kidnap Ellen Cratt. The Vigilance Committee, at « meeting last evening, appointed a cominittes of twelve to wait on Knight and Hughes, and request them to leave the city. THE DETERMINATION OF TiiE UNITED STATES MAR- SUAL AT BOSTON. Wastineron, Oot. 29, 1350, Intelligence hae been reeeived here, from the United States Marsbal at Borton, saying he anticipates a riot | but will use all the power at his ditposal in entoreing Jaw, and punishing the rioters in @ summary man- ner, He has issued warrants for the arrest of fugi- tives DISAPPROBATION OF THE F/GITIVE LAW AT CLEVR- LAN ’ _ C.ovenann, Oot, 29, 1850, A lorge meeting has been h:id here. to express its isapprebation of the Fugitive Slave law. A numbor of speeches, condemnirg it in the strongest terms, and pronouncing it unconetitutional, were made, and resolutions adopted to that effect. NEGROES LEAVING OHIO FOR CANADA. Pirrsnunan, Oot. 28, 1859, ‘The Columbia (Ohio) W’hi¢ says, about 300 fugitives have left that place and Marietta for Canada. | RECESSION OF THE COMMON COUNCIL @Y CHICAGO. Crrcaco, Oot, 29, 1850. The city councils are pursuing @ back track, and have reccinded their resolutious nullifying the acts of Congress, The excitement has been great, but is now subsiding. The Anti-Rent Nomination not deoilacd Washisgton Hunt, Anan, Oot 29, 1850, Mr. Hunt's letter to the anti Rent Committes, pud- | written togratify the whims cf those who thi: | renters want @ Governor who will not uphold the lished im o2 anti-rent paper to-day, does mot decline their pomthation, He says simply, he is profoundly grateful to all his fellow-citizens. who honor him with their confidence, but does not recognize the action of other parties, Wishes to promote justice, will uphold the supremacy of the law, and facilitate usefal re- forms. The antirent paper, the Frrcholder, does not regard it as declining, and says that the letter was ths antl- supremacy of la It has articles against Seymour Interesting from Washington. TIONAL VESSEL FOR THE WORLD'S FAIR—ILL- NESS OF GEN. SOOTT, ETC. Wasuinaton, October 29, 1850, ‘The re-appointment of James Garner, in the Viret Auditor's Office, bas occasioned loud grumbling amongst the whigs. It appears that he has been out of ofice about five months, and duriog that time put in acisim, never heard of before, for $2250 for some slight extra services, which was allowed him. It is also said, that a resignation took place in his favor, 1°? Which compensation was paid The papers, this morning, contain the correspon: | dence between the Central Committee oa the Indus- | trial Exhibition, and the Secretary of the Navy, as to | the use ofa national vessel to convey American produc- | tions to the World’ ‘air at London, next year. Secre- tary Graham, writing to the President says :—“I am re- quested toascertain, if a ship of the navy can be mamed an of the Qaestorial Cemmit-— that Tam decid | therefore, | give me great pleasure to auswer your | discursion | 4 carried | Bicuteretn Wane Democeatic Mevrevo.—A large | meeting of the democrats of this ward convened, last | ieion eetabiteh took , Urieans and Raltimore, sodter abolitioni«m bare not penetrated the State of New Jor. | friends of the Union to-night at Newark, The move | for the voyage, without material incouvenience to tl public service, and respectfully advise that the accom. | modetions asked may be conceded.” The Preaident says requests Mr Geahara ch arrangements as will carry out the ob- ‘The Becretary suggests that a store-chip be or- toe sloop-of.war or frigate. The it would impart a higher grandeur & War Vessel of the government d tor the purpose.’ The ship of the line ia, the largest, perhaps that floats on the of the world, might be presented proudly to eeyeof Rurope. as a noble rpecin: tional production worthy to represent, at the World's Con- vention, the power and progress of our republic Owing to the itiness of Major General Scott. Board of the Army and Navy. to consider the questi of relative rank, adjourned yesterday till to-morrow. The Rematas of the Late President, &. | Pirrsnvacn, Oct, 28, 1850. | The remains of President Taylor arrived at Pitts- burgh, at 8 o'clock, on Sunday might. At nooo, to day, they were ercorted te the steamer Navigator by a military and elyic procession, in which were Goveroor eral Darah, the Judges of the Buprene and County Coxrts, Ke. The public offices were closed. the Courts adjourned, and business geac- relly *as suspended. “old Whitey” was detained by © break cn the canal, owing to the storm of Friday night. The eanal will be in order to-morrow ‘There is again ten feet of water in the channel of the Obio, wad it is wtill rising, Frolghts to Olactanatiare be. The Breaks tn the Canal, &. U rica, Ost, 20, 1850. ‘There are 145 boats here, bound west. The Collector will let the 400 west of the break, bound east, about 160 of them Acnaxr, Oot, 20, 1860. Letters from Rome state that the canal will not be repaired for three or feur days, The Utica Observer of last evening fixes a longer ti Loss of a Werry Boat. Avnasr, Oot. 29, 1850 ‘The horre ferry boat plying betw Greenbush aud this city, rwnk in the river early th! Several milkmen, with their wagons, were on the ties. The m Oliver Oileworth, but the boat a: oard at the wagons sunk. Gale on Lake Irie. O.everaro, Oct. 29, 1860, ‘The northenst gale of Saturday drove several vessels ashore. The schooner Raleigh was on the beach at leaky co} on Satur Noavoux, Oot, 99, 1850. A revere blow from the northwest, om Saturday night day, prevented any arrival from sea onda: The wrarbet le clear and cool oe Extenstye Bequests of Mr. MeDonough. New Onreate, Oot 29, 1850. The will of the late John McDonough, the million- | aire, has jart deem read, and 1s found to bequeath | & how to hi $6.00 ister, Mrs. Cole, of Baiti- end the bulk of bie property, amounting to over $10,000 600, to New Orleans avd Baltimore, for the | establishment of rchools and asyinms for the poor. | He also leaves a large sum to the Américan Coloaiza- a tion Society. Seventeen executors are appointed, ia- 1 bn ype hag followis | John P. Kennedy, Didier, likewise FH Pr yoy will Baltimoreens —Ben) U. Howard, Jona C. Baik, Brats Me st, Oisy and B.C. Gu to be coutested. T public schools in New educating the poor gore fo efiret whenever the procoods ot real estate the *monnt to $3.00 000. Bartononn, Oot, 29, 1850, Mre. Tindes, a respectable martied lady, residing on Federal Hill, committed euteide to daz, by opening a | vein im her arm. She leaves a large family. |, Smtecsttaseone Ttease from Batttmere, | ‘The papers received hy to-night’* Southern maw, | #ey.to any extent, yot the constitutional party will BC | sate that Senator Dowhe, of Loulsiane, who sustaived glad to hear that there is to be © grand rally of the | tne cos promise, was received by a great meeting, resolations were adopted approving of his cours: mea th eating J8 | chore were thirty seven deaths by cholera in New ns, for the week evding the 19th inst, ‘The whige of Florida #ill have @ large majority im both houses of the Le ture. Artillery will tears th of Jobm Mt Joh mM. Mobile Railroad, sis sober 27, 1950. occurred here on Fridey and Satur. vhich bas done mnok damage te the MLL-PEELING RELATIVE TO AN APPOINTMENT-—A NA- | | and Mr. were picked up by the steamer | | Dragoons,” ® piece which is very much tel more; $25 (00 annunily to the Ainerican Dible Sootety; | © Th: PRICE TWO CENTS, in Department is under investigation—the particulars have not yet traurpired Messrs. Wood & Co., have withdrawn their proporal for building the Toronte sud Lake kluron Railroad. Pugitive slaves continue to arrive here trom the States. Father Mathew at Cincinnati. Orwemwari, Oct. 29, 1850. Father Mathew is here, aud Messrs. Coleman and Riley have proffered him the hospitality of the Bur- nett House during bis stay. —_——_—.- Marine Affairs. Tue Steam Line axrween Puicavecrnia anv Gias- cow.—This line is to be posed of three magnificen, steamsbips, viz:—The City of Philadelphia, City of Glasgow, and one, not yet named, new building by Messrs. Perine, Patterson & Stack, of Williamsburgh, ‘The latter has been lately purchased from Messrs, How- ard & Son, who had intended to add her to their Paci- fic fleet. Bhe ia being turned into a propeller, with extra fastenings, and everything requisiteto makeher a first rate ocean steamship. Her machinery is in course of construction at the West Point foundry. New Soutnens Link or Breamens.—We understand a pew line of steamsbips will shortly be esvwbiished to run from Philadelphia to New Orleans, touching at Key West and Havana. These vessel will each rate 1,200 tons, and are to be constructed of the best mate. rials, and to be furnished with every requisite to make them rank ss» first clars ocean steamships. Breasuir Poicavenenia.—This vessel was taken up to the Novelty works on Monday to undergo whatever ropairs her engines may require, previous to her being placed on the line between New Orleans and Chagres, Sreamsnir Farcon wes towed up to the Novelty works yesterday afternoon, to repair. She will resume her piece in her old line ia about three months. Bere Mixwrsora cleared at Chicago, Ill, for Swanson, in Wales, on the 19th inst. Sho had on board a cargo ofeopper ore from the Lake Superior mines, on which freight is paid at the rate of $10 per ton. Mammot# Currie Sarr.—The largest merchant ves- sel ever constructed,will, in a few months, be launched from the ship yard, of Mr. Wm. Hl. Webb, foot of Seventh street, Rast river. This eminent builder. has contracted with Messrs. N.L. & G. Griswold, to build them a clipper ehip for the Calitornia and China trade, which is to combine the swiftness of thy clipper, with great strength and tremendous capacity fur freight. Dhe will measure about twojthousend sixjhundred tons; is to be 4a0 feet long, 42 feet beam land 2554 teet hold ; meking ber about double the tonnage, and 25 fest longer than any vessel sailing from this port. Desrevetion oF Satt Poxvs at Towns Tstaxo8.—Tho brig Guardien, Capt. Cook, arrived this morning from the xbove itlands with news to the 13th inst. The islands were visited by a very severe rain storm a fow Gays prior to che railing of the brig, which did much domage, end totally destroyed @ great number of the salt ponds. ‘Theatrical and Musical, Bowery Thtarke —ibe second ap; Graham, last night, attracted «not ge avom 1. The pley selected was that of et; Prince ot Denmark.” “Mr Grabem, in this character, gave evidenee of very high dramatic sequirementy, Ue read the part well; bis action was graceful, but his proved. He made some exeel- a3 evthusiasticdly cheered through. As Ulaudias, was vei ee of Mr. Gheot, was very effective, Tu fine sil the eharast ably rustaized At the conclusion of the pierce. ng with cherrs and loud calls tor Mr. peared. and addressed the aw Gentiemen—Again I mast a how deeply I feel the kinuness you have under the distressing clrcamstanses of my ery heavy cold, which. € am fearfal. will to diseontinne my oblige me, would be # source of deep re; te thank you sincerely for your i ing my inebility to pertorm as efter which bas marked its pertormance trom the commenerment Those borse pieces are daced, At the Bowery, in the utmost splendor. Deri leaping bis sad goross the bridge, exhibit estriam shill aud in great ed the pertor it with abouts of laughter. Ue appeared 1 sing farees of * Poor Fillicoddy” and “ Rox end Cex,” In both of which be displayed nd we have no doubt bh hose which require a deco a at us and we mast say | thet he is ye ba belag surrounded by dimiredio acting of Mr. Davidge 4 gould not Dave found on any stage re perfect auxiliary (han Miss Jorephine Gougen- in the pert part of Sarah Blont, This young lady ‘is & great aeqnisition to the compa: nightly inereasing in publie favor, and in pi ebility, The Pos dedeww, by Sigaor Neri Adeline, was gracetally executed, and deservedly en- | cored. The house will, this evening. present s feebion- g0 om Wednesday,P.M. There are about | b A able array, to witness the eccentricities ot Mir Wil Don; and we bave no doust thet before he goes threugh the variows characters which are in his tine, be will be on established favorite amongst the play- goers of Now York, Nieve’s Ga ex.—The entertalaments offered for jt, first, the comle bal- 4 Jeannot’—Frane sis deruriful bal le Bertin, as Gisell: ie Man ‘y hen end the whole will conclude pantomime of the “Green M Trpeetedly arked why the splen: now and did pan’ in Introd: yeoutiful 6 Ronton's Taxatne.—The excellent comedy by Gold- smith, entiled, © She Stoops to Gouqner.”” will be pre- tented this evening. with @ splendid east-Borton io | his inimitable character of Tony Lampkin: Ulake. ae Herdenstie; Lester, ar ¥o od Jobneto as Diggory; with Mra Bherte Hughes inthe | hading fripale eberseters, A new 2 Miss Walters and M. Frederick: aad feverai overtures j nD me re the orabestra, The entertainments will cone Bod juce with the lsugbabie comedi tts of th the patrons of this very popalar und favorite etal ment. 1. Trivatne —This evening, the performanc® with the laughable farce of “My Neigh & very excellent and fe in his great character of m dance. and the entertainments will ev the above drama. entitle which Chenfrau will age!n Mis. Wiiltam: ii} appear in a mew pries the Piper.” They are vi favorites, and will deaw gor by Mr rime entitled, talented, and are houres. ‘pel Awrnrean Muss, titts of tbe veudey! “Popping t enrbire bition of th Bt. Man's Brvgvounnt Society will celebrate their Annual Fertival this evening. at $ oolock. The re- ceipte are intended for the relief of the poor Police, Intel ‘sdovest af @ Voung Rogue.’ tion. in the Heveld, of Of the arrest of ¥) for steaiis erticlte wan Hs . It and eld to & Hrothers, corner of Li Iigenee. Under tlie above cap ay mornive, An AessnAt silver ware andotber rtreet and Wf lane, silver spoons tothe $200. tor ‘B justior (o these gentiomen, we ces Weenaisree wae pald for at od ‘hia fram omg the worth or that ter, ax iim hat Ae) oe toes Duriners to rene i kinds of fine Impossible for then: to kaew bow ft ly | those from whom they buy. po4 | | preseribed Court of Common Pleas. SPECIAL TERM Before the Hon. Judge Woodruff. LIDEL CASE-~DEMURRER YO REPLY—G@EORGE WITLAES VS JAMES GORDON KENNETT. LUWRLy IN CHARGING WILK AMUKL DRURY BY MBANS OF FALSE THOT 10 Monr. Over, 29—Mr. Horace P. Clark and Mz. Benjamin Galbraith appeared on behalf of Mr, Bennett. Betore proceeding with the argument in this case, Mr. Clark stated to the court that Mr. John Graham, counsel tor Wilkes, had informed him that his engage- oh that he could not cont jent- ager ey sion to submit to the court further pointe im writing, which Mr. Clark as- sented to, stying that of course Mr. Graham would furnish ‘a copy of the poiuts to his asseciate, Mr. Gal- aith. Mr, Clark then said—TI will proceed to conclude the argument in this case to-day, or any other day the court is pleased to pame, ‘The Court.— Then proceed to-day Mr. Clark then commenced, and said:—TI feel that I tadd much to the very able argumert ot my ned associate, but neverthel: wim it due to the character of the case to make such suggestions #3 oc- curtome. Inthe course of the arguments presented by my learned adversary, and by my associate, much has been said by enc! oF chet telative to che sew o1 tem of pleading created by the code. When the coun: fel for the plaintiff, in the couree of his argument, took the liberty to assert, which be did without my permission, that iy learded associate and myself w enemies of the code, | hada right to euppose that at all events, friendly to it. I was not unapprise: ot the relation which he bore to one of the authors of thut dirtinguished body of laws, avd I was, therefore, naturally led to the conclusion that my adversary was of that numerous class of lawyers who, from d fanatical adherence to the wisdom and ex- perience of the past hud failed to appreciate the very vantages whieh, it is raid by some, has bean by the code upon our system of civil juris. prudence. But, when I bad heard him tv the couciu- sion. end found that he sought to sustain the pleading to which we have demurred, upon principies which be asterts te have been established by the code, I thought I could that if the code hos a bitterenemy, it i nd if to bw inimical tothe code istrea- fen iu @ lawyer, be basjastly incurred that opprobrium. No lawyer who bas read the plesdings im tai could have tailed to discover that they extibita to the auciens form of special pleadings, witnout the clearness, the precision and the inte!lictbiity, which t form prescribed, and ! frankt edge that if my learned ad ing your Honor, that ti murred istuch an one as is approved by the must most reluctantly add my name to that the profession. who have been torcedto tear that the | code of procedure will admit of some slight amead ment; s0 far es relates to the eubject of pleading in civil actions, if im other respecte it is altogether per: tect. But Iam dirpowdto be more conservative of ex isting laws, and while I argue in seupport of the demur- Ter to this reply, conovive that 1 am principles et pleading intended to be estublinted by the coce and that 11m no mensure merit the anathe- wins which my arlvertary seems Gixpoved to direst upon thore whom he pronounces eneiies of that instru- meut. My learned associate and myself have come to the conclusion that the code cam exist, aud yet the plead. } ing of our adversary fail; and we ore rather inclined to lick his reply into shape, which by ouc demurrer we seek Go GO, (hat not to have the provisions of the code applicable to pleadings in civil actions which bave cost the State s9 much treusure audits auth so wuch labor, rendered wainteiligi ae would be done if the argument of my learned auver- sary in support of his reply could be sustained I regret that the numerous issues raised by the pleadings. epen so widea field discussion ; and in view of the very full argument which has giresdy beem Presented to tie Court, shail contine my remar such of the questions, as teem to me to have e the altention of my ed associat In tho first place, permit mo to state the nature of ‘The plaintiff alleges that Mr. Bennect, im the pumber of the New York IMereil of the Lith of April, 1850, published a libel upon kiw under its bead of Police Lateligenee, The libel complaiued of con- siete of an ailidayvi: of the renowned Drietol Bill, elias Williem Darlington, aad ot a lettertrom that jadi- vidual addressea to ope of the eonuerl tor Drur, ao lately tried and soquitted upen the cha: ving seat the torpedo box to the boase of Watuer. with (be intent to destroy human iite. Che complaint Coes Dot Aerert that che de edged to consti. tute the libel ate false in th th arned a ergument upon iy oc ele Btledy, ary to add one slogie wo ¢ oD ac ft + ver failed to udacity to asvert che libel to be falee. and Af the complaint be held suffloient, it will probybly be th time tbat a party complaiving of u libel by w civil cuit, wae enabled to sustain hiv notion without of the falsity of the libel, h constivutes the foundath: Hut if the court ta to construe t alleged the faleity of the libel, the te be fornd In the allegat Bs tetol Pith Chat the case Perjury and conspiracy, wad t were Thompron, Witkes aud Bristol Bill, This a donbtedly amounts to the charge that Thompson, Wilkes, «pd bristol Bill had conspired to cvavics aa inpecent man by means of perjured testimony. It, | therefore. neoures Wilkes and Lis associates of a cri ral cilence of e high grade, and it properly stated end alleged Le be faise, would have laid the foundation ot the right te reeover damages | The anewer interpesed by Mir. Bennett to the com. plaint justiges tee libel, and states that Wilkes did gnter into s conspiracy wi h Thowpson and Brietol Pill to convict Drury of the crime of having seat the torpede bex, by means of perjured mony. The | awswer also gives the details of the m ats of the | paptrators, It nasigo oh his part, devotopes arlidces and the contrivances which were resorted iratore to accomplish the result; aud d mort unmisiak a atory, alleges mith . and ile himewl{ of @ privilege unkoown in former expressly conferred by Le new code of pro- evdure The mitigating circumstan. ged, consict of ty libeis upon Mr. feonect, padl Faper called the Police @ the reputed editor and propr b libels were printed and pucilsied in t prior to the pabiieation in Mr. Ne ti's newspaper, of the libeliows article wbich is the subject of the preseit action This is the substance of the answer. and. although the matters alleged in detenoo are stated in detati, and at be Rerioanly w in etated. ie answer does not, it ta elrar, render it detective, No person of common understanding ean ponsibly tail to | krow what is intended. It therefore, tn tos style and | spirit, conforms to the letter apd the spirit of the onde If the answer had contained itreleveut or redendant matter, my learned naversery bas tead the eode | clear throvgh, would have epplied by motion, in par- fusnce of its 1€0th rection. to have had each matoer | stricken out; and if the preelee nature of toe defence Dad net been apparant. he would have applted, in por: shee OF Lhe provisions of the same section. to hove | bad the pleading made definite and certain. by ac ment. The answer, therefore, passes muster. and. | ell (he purposes of the present argugent, must be held to be good end sufficient I now come to the reply, which ie the subject of the prevent demurrer. and pon trying this pleading by the order! preseribed by the cote. | fen! conadent that the court will find (ba! the portions of the ¢ dee wurted to areinruficient to mort the detences set tp Jo the enewer, and to which they purport to bea | ‘The reply appears to be reparated inio feurteen di- | Virtons, md | take it for granted thet the learned sei whe drew the pleading, considered that enoh p erniained fect reply to such portion of © it pretends to cover. And heraf am y mpreseed With one of the many advautares our system of law pleadin the code, and [ am reminded bo in entitled “An act to simplity ppropriately that betes | courte took replicon he old syst eto & reply under the Hon of one to fourtern, and I therefore code Is fourteen times more valuable pese of the reply permitted by the code overt the new matter contained to the anawe: vold ft byS other of favt, not tent with the com plat pore. Aveply which 6 . and thers fore if to one or more newer and repiy to 4 to him to de insufficient. fore. which purp Teply. which comtai at thereme time a demurrer to the whole answer, or | to the par ta attempted to be covered by the reply, is clearly inru Mets nt. The fittn and tonrtrenth divisions of the tepiy ron. tain eaed a detourrer to the whole anewer, and if the views whieh I have expreseed with regardto the pr - vider of a reply are sound, this decides the fate of the leotive M4 The Judge-Do [ understand yourtal-ty, Mr Oterk, that the plainti! coupetdema? And reply at (he same time? Clatk—T mean that he earnot demarand reply to the rene matter at the mame tne, ‘The Jndye—Lam quite fleas om that eubjert Wr Clauik=Then your honor te with me om that elet "The Judge Certainty Mr. Clark—Then 1 will press the poiat uo farther, staining the | | the platotit. hae detived trom | f The second division I am ate loss how to charac- terize. It all that the principal portion ‘of the re- ply sets forth which are admissible under the code CS pen: sgn Cpe and that to compel the plaintiff to reply to euch ig tocompel from hi: Secovesy antes anth. whteh under the code, it is sisted cannot be had Whatever this may be called, it does not come with- in the province of a reply, a8 that province is preserib- ed by the code, and it is, therefore, insuMcient; and, the learned counsel is mistaken im nder the code» -y cnanot be had except by a perso! xamination of the party frem whora the discovery is sought. Tho party may omit to answer, and thereby admit the facts wil egainst him) but if he answors he is compelled to make & discovery Wat pass on to the consideration of those portions of the reply which I must assume, were interposed im ood 1uith, as containing sufficient replies tothe de- fences set up im the answer The third division of the reply dees not, in terms, controvert the wliegation in the answer, that the piaim- tiff entered into a conspiracy with Thompson and Darlington, to convict the Drurys jby meaus of jured testimony. But the pleader, in language far concise apd intelligible, all hat he believed the thet belief enlisted the services of Thompson and Darlington, from the Drurys the confession ef their guilt division winds up, by a denial that he formed, tered into @ conspiracy, to injure or destroy the Drurys, ond sileges that the plaintiff did nothing in- consietent with the usual course of the police in the discovery of felonies, ‘The specific conspiracy alleged in the answer is not denied, and is, therefore, to be teken as admitted, and the averment that the plaintiif did not form con- epiracies to injure or destrey the Druryy, is senseless and unintellicible, unless the pleader intends to assert that a conspiracy to convict ® man, whom the con- spirator believes to be guilty, by perjured testimony, does net contemplate his injury or destruction, ‘The substance, then, of this division of the reply di-tinetly rai two questions: — lst. Whether a belief by # conspirator that his in- tended victim is guilty, justifies the formation ot » Conspiracy te convict him by perjuredtestimony. And, |. Whether the tact that euch eonspiract in accordance with the usual course of the police in the Ciscovery Of fwlons, tarnishes « justification to the con- spirators. Frentate the proportions in other words, the first is, whetber you may do evil that good may come; aad the second whether you may do evil in accordance with the example of an evil doing polic y learned opponent may advocate these doctrines, and when be has established them, may, perhaps, jus- y the course of bis client ‘That portion of the fourth division of the reply which is demurred to, in substance and effect alk that ibe course pursued by the plaintid fell withia the Keope of the purpose of thy inatitution of the not Police Garette—that the conspiracy for the convietion ot the Drarys origineled with the plaintif, apd wos confined to his own breast, except 44, from tuue to time, he drew others in vo do the work which he, jrom time to time, carried out that the persons thus cummoned to bis fervice worked blindfulded, and that Thompson in particular labored for bis awn ex- cvlpation from the charge which the plaintiff was endeavoring t fasten upon Drary {t proeveda to | disclore the ramileations of the plot, and atates the falsehoods by means of which the victims were de- soyed But it nowhere controverts, generally or partictiarly, the justification of the iibel Set Up in the answer Is an argument neces biish the propost- tion that the facts th 4 are insuflctent to answer the charge ot © conspiracy to convict a man by means of perjared testimony ! The sixth divieion of the reply is transparently fe- suflicient. and raises mo point worthy of a moment's Giscussien, while the seventh was fully considered at an carly period of my argument ‘The portion of the eighth division of the reply de murred to, amounts toa promle of « threat of the wonders to be performed upon the trial. [i good ase notice. it te nevertheless bad as a piwading Neither this portion of the eighth mor the minth division of the reply, allege any mattors of fact sufficient to meet the up in the ans r ‘The demurrer to the eleventh dividon of the reply, raires, distipetly, the question whether inan action for libel. it is an anewor to a charge that the plaintift entered into @ conspirucy so coavict » mag of w crime, by meone of perjured tesrimony—to qulege that ‘the defendant isa comimon libeller and thiPis abeut the strongest and best made pointia behalt of the plaintiff. presented dy these pleadiogs But L have heard uo argument from the counsel for in support of the doctrine which his pleading would reem to easert, aud it ts that there fe Ho prineiple ot law, of of common seace, whien will permit euen w doctrine to be susiained In sn section for libel. the character of the Plaintif may de putin issue in mitigation of dame ges e character of the defendant caa never be. ‘That the defendant is a common tibelier would rather Giminich than enhance the damages of the piatatit — | When character comes in lesue it in the geaeral che Taoter of the party.whtc nvolved, not ais partion lar department hile, theret Mer ions Rett, In this ease, would be perml’ ei to prove woom Une trial tbe bad character of tue pir py aay of mitigation of daneges, the characte: ome in isear. Sach be rule of law and of evidenco, I may ssfely prowoumes this eleventh divicion of the reply te be @ libet upom the defendant, untalcowed even by the pew code, and unprotected by professional privilege. ‘The twelfth division of the reply amounts to @ de- morrer to a portion of the auswer. while the Chirteenth: division is netther n general or speciSe denial of any of its allegations, and I am um to Ond ia the eo ary provirion under the Iang wage. or the spirit of which this node of reply ona be sanctioned The fourtcenth division bas already beeasuficiently considered I Dave now waded clean reply, and T theox think enough has been said to the court that the demurrer intetpored by my neaoolate on the ground of its insuMiciency. is weil taken, Ea conclu. sion, I have only to beg that (he enemies of the come may not have ths triumph which would result from the approval by an inteliigent court, of @ pleading eo wretchedly bungling In its form, wad so clearly Inewf- ficient in'ite substance, Decision reserved City Lnteliigence. Graxo Mustany Keriew.—Yesterday there was « great review of three out of the four brigades comsti- tuting the militia of the First division of this State— the Sreond brigade, General Morris; Third brigade, General I and Fourth Urigade, General Ewen, There brigades comprise the Fourth, Fifth, Sixth, Sev- enth, Eighth, Niath, 7 Kleventh and Twelfth regiments, which aanded rorpectively by la Vator, Warter. Deryee, Bor Tbe several rogi- ‘} at Tompkins and Wash ngton Squares, commencing at twelve o'elook. Some et the infantry regiments paraied with cavalry on their right attached to them, which appeared to us to be in ehooking bad military taste. The D line formed ia the Lith avemu 8 Of freedom by a coodly array bt that aight weil Phe troops were rae wed bis edmiratiog orth somothiag, forme, the glittering arma, an a a the fluttetiog im the bi i feel proud oral Paen, who expr viewed by ot their appearance —a ‘compi ecuping from such a judge. q Tmo cmest Hearne —This g ment, command 'd by Col 8, Brovke Postloy Jerterdey forenoon, at 11 oclock, in 1 and were greatly admired by pectators, The rylendid b all owned by their fidere, aad the tanner in which thi nt ate disciplined, tefinet the highert credit upon oor militia aad espootaiy wpon the gallant Colonel who got the regiment up, end to whom +0 much '* due for lis preons high a et military training. The drill was pert in first rate style, and ine wey worthy of the Third Massare, DENT 10 THE MacHireny oF tHe Srecunver & day moraiag about hail ovourred te Powell. Capt. Job with Jostantl “ fost lostantly. and a by the engiveer, 1 wes aw o Pietmont in K piace, conside manifested by ail soon quieted by the captain sanow son was hurt, end there was not the ere the She will probably be off the toate uring that time, the New Haven . will take her place. A Youre Max Mrseeve,-On the 25th of September Jest ® young man by the name ot Wm Fisher, about 25 years ot ace, formetiy in the employ ot Wm. Paal, Lairéresver, of th's city, vieited a: vaintance in Cart tow sve mue, Brooklyn, and on t! ht he left, about one o'clock. for this rr to co to bit residence im Broome street. Since which thme. however, a0 tidings of his whereabouts bas been Ruown Tt ts ballowad Uiat come unfair mewns has been usd towards him, ae he was paying his addrerees to youog woman, aud bad her Gequerreotype likeness in bis pooket, ‘Neva tntelligenee, Tor U.S Sreasmuer Senawec, Captain Tattnall, hae ‘deen ordered to the Gulf of Mexioo. it ts sop posed, im consequences of the rumor that an inewrrnst ‘he Tt ie likewise stated that Commodore Parker, orm mending the hone squadron, will howt bis fag on Foard the +loop-of.war Bt Mary aad proceed, without delay, to the same destination,