The New York Herald Newspaper, January 8, 1851, Page 1

- *NEWS BY TELE or rateh " “DOUBLE SH GRAPH, Affairs at the National and State Capitals CONVENING OF THE N. Y. LEGISLATURE, “The Political Proseription tuvesiigation in the United Staits Senate. ~ Saws from all Sections of the American Coutinent, Ben, Sie., Se. @AIRTY-FIRST CONGRE: SECOND SESSION. Benate, BY MORDE’S MAGNETIC TELRGRAPH. Wasnivaron, January 7, 1861, LANDS WANTED FOR 4 KAIL MOAN IN FLORIDA, RTC, A few petitions having been presented, Mr. Yuvex introduced # bill granting alternate seo, thens of land to Florida, to wid in the construction of -@ railroad between the Atlantic and Gulf of Mexico. MR, BRADBURY’S KEXOLUTION, Being taken up, Mr. Ewivo arose and said, that dur- dng a former debate Mr. Cans had askei him, if Mr. “Weller would have been removed had he been a whig? ‘to which he answered.‘ yes.’ The Senator from Michi- gan seemed to doubt the sincerity of this reply, and he ‘would now proceed to show rufficient reasons for his removal, whether he were whig or democrat. He then geada certified copy of the report of the master in chancery, in the Court of (ommon Pleas of Butler county, Ohio, in which Col. Weller, and several others, all democrats, who were commissioners charged with the trust and administratien of certain public funds, ‘were roported to the court as deteulters, The amount + which Col. Weller is charged with being a defaulter is sixteen thourand and nine hundred and thirty-three dollars and sixty cents. for which no evidences pears as to howor when he got the mosey, Mr. Weller ‘being at the time the secretary of the commissioners, ‘This fact was knownto him. (Mr Ewicg) aud hecould not but feel that it was « sufficient cause for thy remo- val Again : Mr. Weller wan well known to be habitually ‘datemperate; his office was one fa which he would be ‘on to command wen, aud uisburse public money. ‘Mr. Weller received into his hands. on setting out, thir- x thousand dollars, for which no bond was given. ie left the United States ous month betore he needed to have done, and thac. too, without clearing up the charge of beings defsuiter in hisown State. And when he was gone ® month he wa: at Panama—s place where he could get no conveyance to the place of his ‘dusinese—wheress if he bas reaalood at New York, guch conveyance contd kav» been had Knowing ‘these ciroumstances. he (Vir Ewing) could not consid er Col. Weller a fit person to hl J office, iu which pub- ile moneys were to pass throarh his hands. tHe hoped Senator from Michigan would now feel satistied ‘that Col. Weller would have been removed, even it a . In one case, | recommended tae appointment of aman to oMfor, believing him trustworthy, and he was appointed. Subsequentiy [ received evidence that ‘the man was a defaulter in his owa Stato; I informed Gen. Taylor, and the man was instantly removed aw no naked proscription in this case. Col. Weller, democrat, was removed, aod Col. Fremont, anotl democrat, was appvinted What proscription was this? Mr. Ewing then turned to the case of Gen Lane, and examined the allegations and charges made by Gen. Lane inst Gen. Taylor. of falsehvod. and misrep- resentation of the conduct of the India Buena Viste. He justified the removal of account of his injustice to Gen Taylor. Hi the system of proscription which was commenced by General Jackron. He despai: ver getting clear He declared that no one hed been removed, ex- cept for cause, or where the administration believed cause did exist. Gen. Cass said the charge again tol Weller, of being ® defaulter, was one which had been used in the guber- 8 ‘the subject was understood. Col. Weiler three hundred votes ef being elected Governor. Atter that bis nomination had bern confirmed by the So mate, without ono dissenting voice — he uever heard ‘that Col. Weller’s habits incapacitated him for busi- ness. Mr. Baapnuny followed in defenee of bic rasolution. said that the inference to be drawa trom *. that all persons rem Now, there exie vere in Now Orleans for the removal of next commission aa special ing bis disrmisn in one of the most im- portant United states and one of thors who was 1d. had since been elvcted to the other house. bject was then po d versely, the joint reso- tution from the House, authoriziag the assignment of Jand warrants. The Senate then adjourned. Heuse of Representatives, BY BAIN'S ELECTAO-CHEMICAL TELEGRAPH. Wasuixorox, January 7, 1860 TOOK Mis s¥AT John Bell, elected & member from the Sixth dis- ‘Urict of Obio, in the place of Amos BE. Wood, deceased, appeared and was qualified. THE ANTI-SLAVERY MEMORIAL FROM INDIANA, Mr. Juciam, (free soil) of Ohio, moved for a corres- tion of the journal of yesterday. He moved to sus pend the rules, to prereat a memorial of the aati-sl very friends in Indians, against slavery generally, and particularly againet tho Fugitive Slave law, tem wished the object of his motion stated, namely, that the memorial might be referred to a committee, with instructions to report a bill to repeal that }: ie ‘wen ite stated ay they ovcurred fons of order were raised. involving the point Qi a8 to whether two motions could be made at th: time, and conversa’ was indulged as to wh: t lace yesterday Finally. the motion (to amend the Journal’ war laid on the table Mr Coup (dem), of Alabama, moved to the vote by which the House retued to # rules’ tday. fle wanted to see how to receive the memorial, with the view of ee to report @ bill for the ro peal of the Fugitive slave law The Sreaxen said che motion would be entered, and ext Monday, and did not hesitate to say was doubt as to whether # refusal to sus- | pend the rules could be reconsidered Mr. Ricrhanpsow (dem), of Liinois, wished to move to lay the motion on the table ‘The Sreaxxn anid the motion was not now before the Hovse. THE NEW HAMPSIIIRE CONTRATED ELECTION CAgR. The House proceeded to the consideration of the contested election care from New faimpahire— Jared Perkins centerta the seat of Mr. Morrison, (dem) in the Third district. Since Mr. Wilson resigned his seat im the House, the Third district of New [Hampshire bas been altered, and the question is whether Mr Morrison was elected to fil! the vacancy thas created The debate was not concluded when the House ad Jjourned. Affairs in Washngton, Waenrvo row, Jan. 7, 1851, Both houses of Congress are becomiag stagnant The Senate mansges to keep up the talk about politi- cal prosoription, but it does not amount to much ‘There wes o little fire in the House, yesterday and today, on the slavery question, bat it was quickly extinguleded. ‘The trial of Commodore Jones is slowly progressing Tho last witnesses examined testified to the scandalous reports of the aecused against certain officers of the Pecific squadron Jaber Gore a Howse clerk. died to-day. ‘The President recogni.» Bartholomew Watte as the Briaillan Vice Censul for New Orleans. The NeDonogh Wili—Caban Invaders, &e. New Onveane, January 5, 1851 The Dirtrict Court has refused the petition of the executors of McDonogh’s will, to annul the writ of legislation granted to the State ot Louisiana, They intend to appeal to the Supreme Court. General Fenderson, of Misufaclppl, i# under trial on account of the Cuban invasion The steomship Philadelphia eatled from this port, for Chagres, on the Ist inet, with 240 men, who have been employed to work on the Pana railroad. Mere Steambont Disasters, —Fugitive Sinves, Lovrsvi.ce, January 7, 1861. A report is current here that (he new steamer M nolia recently munk between Bayou and New Orleam Bho was ineured at New Albeny, for $20,000 The stesmor Creole was burned ot New Orleans on bh wit Diapatch was rupk while going up , thirty miles above its mouth, and Eagle says thot five fagitives have ‘back to that city within tho past two The Me \ een broug! weeks. ———EE itish Vessel in Distress. ae Unaneasrow, January 6, 1951 ip, with railrond from. ts off Ty bes bar, gone, and signals of distress fying. A Piritieh wht ‘with foremast THE NEW YORK HERALD. wl, ————a— PRICE TWO CENTS, ZW YORK LEGISLATURE. BE MORSE’S MAGNETIC TELEGRAPH. Senate. Avpany, Jan. 7—11}¢ A. M, At 11 o'clock, Lieutenant Governor Church called the Senate to order, and addressed it as fellows:— ‘‘Benators:—It is with unaffected difidence that I enter upon the duties of itiine over your delibere- tions. Possessed of but limited legislative experience, and comparatively unacquainted with those rules of order, and pariiamen veage that are justly regard- ed as Indispensable for the government of deliberative bodies. I may well question my ability to maintain that high character for presiding talent which has dis- ti ed my Faron ag But this selfdis- trust is greatly diminished, when I observe that I em surrounded by gentlemen of experience and courtesy, wi assistance and 6 im the discharge of the delicate.’ som embarrassing duties of my Jitiee, I feel_ confi will be generously and promptly rendered. It shall be my aim to deserve your confidence and respect, by ad- mipistrating such rules as you may adopt, with fe ness and scrupulous impartiality, and to co-operate with you as our official relations may require, im pra- serving the varied and extensive interests ‘he State, in developing its resources, and promoting the happl- ness and prosperity of the people.” The usual formulas of organization were then com- pleted. A committee was then appointed to wait onthe Governor, and the other branch of the Legislature, and inform them that the Senate was properly prepared to proceed to business. The Governor's aunual message (which will be found on the next page of this day’s Herald.) was then re- ceived and read, and the Senate soon after adjourned. Assembly. Avrayry, January 7, 1851, ORGANIZATION OF THK ASSEMNLY. At 11 o'clock, the House of Assembly was called to order by Mr. Ross, the Clerk of the last House. The House was organized by choosing Mr. W. J. Ravmonn, of New York, Spesker. Mr. Rarmown was conducted to the chair by Mesara Elderkin and Varnum, and took his place, and deli- vered the following address:— “Gentlemen of the Assembly: I tender you my thanka for the honor you have been pleased to confer on me, I shall endeavor to discharge the duties and to meet the responsibilities which that honor brings with it, by 8 careful attention to the progress of public busi- ness, and under a due sense of the importance of the trust which you have devolved upon me. You will soon adopt rules for your guidance and your govern- ment in the deliberations ot thi sent session. I shall seek to give such vigorous practical effect to such rules ae shall best attain the design they are intended tosecere. I shall often need. gentlemen, and [ do ni doubt I shall 8 bave. your most charitable ind: gence in avor Nothing, permit me to remind you, can more effectually promote the easy and bei Foial diechargezot public duty than a pervading sense of the magnitude of the interests committed to our care, Let ws bear always in mind, that we are makin, greatest. the richest, the most powerful of merican Btates; that the topics which will demand nation, are those whieh touch most nearly the millions of people, and thatjin regar and the Federal Union, we have rights, relations, and duties, which demand our care, end that our action here may shape the chara ter, guide the growth, and control the destin’ great Btate, long after we shall have ceased to any part in its affaire, Under such « sense of the ners and importance of our tas! perdence upon the wisdom that cometh from above, let us address ourselves to the duties that lie before us.” After Mr. Raymond had concluded, the several offi- cers selected at the caucus last eveniag, were chosen. The annual message of the Governor was then read, and the Aseerbly adjourned Mecting of the Pennsyivania Legislature, Position of Parties, &. Hanarsnuncn, January 7, 1851. ‘The House of Representatives was organized at 11 o'clock. John Cessna, (dem) of Bedford county, was elected Speaker, having received 59 votes; Geo, H Hart, (whig,) had 87; scattering, At this juncture the death of Henry Church, a member, war announced. An evlogiam was prosouns- ed, the customary reeclutions of respect were passed, and the House adjourned. In the Senate, five ballottiugs were had for Spsaker without success, The last stood McCaslin, dem., 15; Konigmacher, whig,8—the balance of the vote was scattered, Parties are evenly balanced im the Senate. It is eppposed ® ruse will be resorted te, and that Mr, MoCaslin will be elected. The Senate then adjourned. There will be no merrage until the Senate organizes. The Ultno! lssourt U. 8. The I pointment of democratic oMoersin the Senate, and the election of Mr. Smith, of Will county, as secre. tary, In the House, Judge Sydney Breese was elected Speaker, and R. R. Diller, of Springfield, clerk. ‘Thureday next bas been fixed upon by the Missouri | Legislature for the election of a United States Senator, | in place of Thomas H, Benton Mr. Henry 8. Gryer is | Corum Jan 7, 1961. Tt Is rumored that the demoorats in caueus have nominated Mr. Paine, of Cleveland, for the long term, and Gen, Samuel Medary, of Columbas. for the short term, in the United States Senate. The State Senate, | yesterday, laidtbe Mouse resolution to go inte the | I election on the table again. The Maryland Reform Covention, Awsavotis, Janaary 7, 1951 The Reform Convention have adopted a resolution to employ « reporter. and print debates. The Democratic and Free Soil Coalition tn _ Massachusetts. Bostow, Jan. 7, 1861 ‘The coalition party have agreed to adivisioa of the offices..-The demoorate are to bh the Governor, | Lieut, Governor, State Treasurer, five Counsellors, and | Senator for the hort term. The free soilerr are to | or for the long term. Seoretary of State, t > = E Proposition for another New State, &c. Bavrione, January 7, 1851 | The malls due from New Orleans have been received | to-night. The Texas papers advoeate the formation of | & new State out of Bastern Texas The Rey. Edward Neuville died at Savannah on the 2d inetant War Declared between San Salvador and BMonduras, New Onceans, Jan. 3, 1851, | Late advices from Central America confirm the re port of s declaration of war between the States of San Salvador and Honduras, Mr. Chatfleld says, off. | cially, that the British government will interfere ling of the Florida Savanwan, Jam, 6, 1861 Owing to bad weather, the stoomship Florida did not leave for New York till Sunday morning, at ten o'clock. The Weather, &e, BY MORSE’S LINE—OFFICE 16 WALL STRERT. Borrato, January 78 P.M Thermometer 52 degrees. Light wind irom the east Rarometer 29% degrees. There is some prorpect of an- other snow storm ty 7—8P.M t rain, with wind about eight o'clock. Rociest en Rarly this morning we had from the east, and # little eno Thermome’ joc & M . @ degrees above zero. This evening we have an easterly wind, with somewhat cloudy sky. Thermometer 20 degrees above wero, Osweeo, January 7—8 P.M Wind from the routh. and light. Clearand pleasant, Thermometer 28 degrees. fiynaceer, Janunry 7-8 P. Some now this morning, with wind from northwest. and thermometer at 21 degrees. This eveniog clear, and cold. Wind about N. W. Thermometer 15 degrees. Urres, Janu ‘The weather this morning was damp and hary, with 7—8 P.M. the appearance of rain. and wind from the east. ‘Ther mometer 26 TF 20-650 degrees, Thir evening it Ie clear and pleasant, with wind trom N. W. Thermometer 15) degrees ti Weat very ud. above nero, to night, Sti a Avnan Abe P.M. vi Nearant ali day. — fe Ci evening Wind ncrthwest. Thermomo sor stands at 15 degroes, Interesting from the Mexican Eoundary Commission, Sr. Louis, January 6, 1851. We have interesting accounts from the Mexican boundary, dated Kl Passo, Nov. 24. Bartlett arrived at Bl Passo en the 18th November, in advance of the main body, in 33 's from San Antonio,after « deten- tion of 7 days. to recruit the animals, and 10 days of severe snow aterm, having agreed to meet the Mexican Commissioner on the Ist of November. In conse- quence of the detention of the Commissioner, he was induced to take a party of young engineers as an os- cort, well mounted and armed,together with spies and id seven wagons, with provisions, equip- ments, &e. forming a party of 40. This party then t im advance of the train leaving San Antonio, 11th October, and when near San Saba, struck off to the north, to Brandy ; thenoe west, to Soncho, ‘They travelled sight days, with no ether guide than may we company. Mr Bartlett struck for the Toad again, his object being to find grate and water but he was disappointed. At the Congo he was visited by two of the principal obiefs of the Lipan Indians, accompanied by warriors. interview waa friend- ly. but great care was taken te show them thi Delaware Creek, Llere they were overtaken by snow, and Mr. Thurber was sant to El Passo, ‘to id the delays which would otherwise defeat the object of this jourmey. Mr. B. ith Mr. Webb, the secretary, and slx ey took no tents, but took blankets and ‘Th mnt thirty miles the first day ry y thirt miles, when they reached Salt the west side of Guadaloupe ass. Here t! ae 4 train of wagons belonging to Mr. €onn, con- pip gasveenveens stores, which left San Antonio in June, being detained “fty.six days tor want of water. After procuring provisions, Mr. B, proceeded, and in three deys reached El Pass The Indian War Iu Yucatan—Great Number of Whites Kitled. Naw Oxccans, Jan, 4, 1851, Advices from Yucatan state that « battle had oc- curred between the whites and the indians, in which the latter were victorious, and three hundred of the whites wero killed. General Treas had beenjcaptured. The Spaniards are said to be at variance among them- selves, The province ot Nicalar is menaced by the Indians. Court of Appeals. Aceany, Jan. 7, 1851, Several motions have been decided, and the opening argument on case No.1 was not concluded up to 2 P.M. PLEO AAA he Be, bin U, 5. Cireult Court at Milwaukie. Mitwauxie, Jan. 7, 1851. The United States Circuit Court are in session here, Judge Miller presiding. We have no snow here, and the weather is fine. roads are good, and produge is coming in froely. ‘Western Navigation, &c. Sr. Lovis, Jan. 6, 1851. The steamer Despatch sunk in Arkansas river, and ia @ total loss. The ice is thick from St. Louis to Cai- ro, The Illinois river is frezen over. The Ne Plus Ultra is aground at the mouth of the canal. We have seven fect water, and falling. The The United States in 1850. ADDITIONAL RRTURNS OF THE SEVENTH CENSUS. Pennsyivania.—We give below the population of all the counties of this State yet heard from, most of them being oteieh— Countres. 840. 1850 Inc. Dec. Adams 25,983 2944 - Alleghany. 138,110 56,875 ae “Armstrong 32,431 4, _ *Beaver « 26,633 — 2,735 * Bedford. 23,212 — 6,123 Berks. 77,179 = 12,610 =_ Blair 21,730 = 21,780 -- Bradford 42,797 10,023 =| Bucks 000 10,893 ont Butler 31,745 9.067 —| Cambria . 18,088 6,752 - Carbon 15,693 15,693 - Centre ad ~- - Chester . -- — - Clarion 23,712 23,712 - Clearfield . —_— _ Clioton 11,260 11,250 —_ *Columbia. 17,700 — 6,667 Crawtord . 37,912 6,158 ~ Cumberland — ae - i 26,741 6,623 _ 24,640 4,849 - ayette . 41,177 7,603 - Fronkhn 39.905 2,112 - Fulton 7,504 7,564 - Greene. 22,241 3,094 — *Huntinedon 24,096 — 11,33 Indiana . 77435 = 6,653 - Jefierzon. - —-2. = Juniata 18,113 2,033. - Lancaster . 84,203 «99,760 = 16,557 - Lawrence . new. 21,088 21,088 - 21,872 _ _ - 25,787 92,940 7,168 _ 44) _ pas - 25,319 = 2,670 = 6,254 2,279 - 19t - Monroe wee 3,389 -_ Montyomety 59,000 11,759 Montour... +s. 13.983 13,943 Northampton... = _ Northumb’rland 23,223 3,196 _ 409,045 151,008 - 5.576 2,014 . 1 ann . 4 29,053 62,212 33,159 ~ 19,650 24345 3,695 | 21,19 _ -— - | new. 7,790 =—-7,790 - ea | *Venango. 18,381 481 _ Warren... 13.670 4.392 - Washington. 46,000 4.721 - Wayne.... .... 2.91 WOs Westmoreland. 42,609 55.000 12.301 - Wyoming... new 10,700 10,700 -| York ...... 47,010 ~ - -_ | . - mie 1,724,033 553,431 26,513 | The counties inarked with an asterisk (*) have | | hed uew counties taken from their territory since 1540, which aceoun's for the decrease or very small | increase given to them. Every portion of the State | has increased in population ata rapid ratio, form- ing a faverable contrast in this respect with the old States, in ail of which there are some portions where the population has fallen off. ;: ‘The net increese in the forty-seven counties given above is 531,668. The remaining fifteea counties will show probably a further increase of £0,000 or 70,000, and brieg the total population of the State up to about,2,325.000, an increase of about 29 per cent throughout the Stare. New York.—The following is the return from the city of Troy:— Total population of the city. 28.785 Ho. in ist. 21.709 locrease in five years.. 7,076 Total number of dwellings 1 Do. families. . esse ee Do. of deaths withia the year Number of echools in the cit Do. scholars. . Do. churehes. . Totel value of church property Number of criminals convicted during the year, m the county. ... ss... cee 270 Number of places of productive 1 whose annual produ CREW. cee cee aM Total value of the industry... se -oee $7,967.90 In eddivion to the population of Troy, 28 745, if we add that of West Trey, 7,562, which is 80 1 timately connected with uain all ite business re- lations, we shall have a@ total of 36,317 RTHQUAKE IN Maine We understand that a of anearihquake was felt at Wacerville and vieinity, on Friday night abont haifepast eleven o'clock,” 1 was accompanied by a noiee like the rumbling of carriage whee!s, or like the sliding of snow from a roof, which lasted about thirty +» conde. The shock wos alvo felt at Troy, some 25 milea to the eastward of Waterville. Portland (Me.) Advertiser, Jan 6 Dome There were 108 de week ending the 4th The number of year 1860, was 174 males 171 females this number, thirty seven were 7 twenty four rieing 80 and two Aaron Parbeck. aged 04 yonra oldest person nt the time of ble @ Mary P'eever, 04 th in the city ; aad inited States Ciroult Court. Before the Hon. Judges Judson and Betts. THE ALLEGED FUGITIVE SLAY! Jan. 7.—On thi 3 Mr. Western, on be of understood at rising of the court yester- jay the testimony was completed on both sides. Five hog Tuled against the a ssion of any further preperatory remarks in regard to the constitutionality of the fugitive slave bill, in which Mr. White took occasion to say that he thought it constitutional, except in one particular—the cont ring of judicial power on the commissioners, who to hear extraditi tion, and what was it that the court was called upon to decide? 1¢ pleased thé national legislature, he said, in the year 1860, to pass an act commonly d. Ng. nated and known as the fugitive slave bill, in whi ' ‘was the design of Congress to provide for the reclama- tion of fugitives servi ‘who were heid to ser- . Smith, of the State of Virginia, hes come by his agent into the State of New York, and ins proper form, hae al- leged to this court, that Henry Long, the alleged fugi- tive in this case, owes se te him according to tl laws of Virginia, and thet jouped therefrom. He asks the decision of this court that his is a just and true one, and thi the restitution of the alleged slave to This, said White, is the claim; and the aues- tions ¢: out of the case are two :—First, by t lawe of Virginia, does Henry Long owe service to Dr. Joba T. Smith? and secondly, whether, in the meaning and contemplation of the ‘act of 1860, the raid Hemry Lon, vicu? These are the questions t in thie mi: ped trom such ser- it are to be determined . On the determination of these ques- easy tosee that subordinate questions ef fact will arise, and which must mecessarily be discussed. in order to arrive at decision in the case. By the act of 1850, the alleged claimant is at liberty to pursue one of two courses pointed out by the law, for the purpose of establishing bis claim to the es of the alleged fugitive. The evidence as to the e ; the character of that evidence; the mode of giving that evidence; the witnesses who shall be com- petent to establish the fact of the esoape,are nowhere pointed out by the statute; but the act gives to the claimant two modes, either of whieh he may sslect to establish bis claim to the services of the alleged fugi- tive. Now, what are thay’ First, he may go before a court. or a judge, within the jurisdiction of Virginia, and yg! evidence satisfactory to such court or judge, by aflidavit, or by depositions, or by oral testi- mony, he may establish the fact within the jurisdiction of Virginia, that Henry Long o him service. This Pecaree of the law was de a by Con; to facilitate the recovery of fugitive slaves. If, how- ever, be does not choose to avail himself of the faci- lity of proving what the act of 1850 authorizes him to avail himeelf of, and proceeds to the re- sidence of the sileged fugitive in @ tree State, then he is to establish hia claim by other and different evidences from that which is required as sufficient to establich it within the state from which the alleged fugitive escaped. Mr. White here quoted the law, and read the tenth section at length. The point I take, said Mr. White, is, that it was within the province of the claiment In this case, if he eaw fit. to go before any judge er court, and by evidence, no matter what might be itlicharacter, whether written, recorded. or oral—ro matter how week, or even if uutrue, it satis- factory to the judge or the court--of the serviow due end of the escape, the judge would then certify the evidenes taken, and @ transcript of such evidence, roperly suthenticated, would conclusive within he Btate of New York. But the claimant in this case did not see fit to adopt this course, but he comes. b his agent, intothis State, and makes his claim to this man. Having done eo, he is bound to establish t facts : first, that Henry Long owes service to him; aad secondly, that he ercaped from such service. He must show these things by proof, not only satisfactory to the court, but competent in law Mr. White then pro- ceeded to argue, a great length the two questions whether Lovg owed serview to the elaimaut in th: care, or, im other words, whether be is Dr. Sumit! tuprtive slave; andit he is, whether he has been prov to be euch by competent evidence. He reviewed in full the evidence of al the witnesses whom the claimant bad summoned, and insisted that according to the Tules of evidence. as laid down in the authorities. it should be disc: d,as being but secondary, and that it ought to be thrown out, because, according to what the prosecution have themcelves stated, there is better evidence bebind. This point was argued with great lity by Mr. White Counsel also contended that Ubere was no «videnes to prove that Long was the pro: perty of Dr. Smith. There was no distinctive record proot adduced; end in the absence of that better evi denee which the law requires, the law construes ly against the rity of the claim, and it re- & from the laws of Virginia, 642, 647, 504.] It seemed to him (co that if Dr. Wade's testi: upon, the legal title of t trators of Mr. Anderson, and Kev. Dr. 8; clsimant must show how he came into the of him. He is not at liberty to resort to t admissions of Long, but be must prove hi evidence competent in law. [Cites from Judge Qrier's opinion } The cloimaut has failed, said produce the only admissible evide: if Dr. Smitb ever purchased this ma consary that a formal bill of eale should be passed; still the law requires evidence of the rale. According to the evidence adduced here, he never was in the p. session of Dr. Smith; once be was seon in Dr. Sa house. It. Virginia, megfrequently hold fory frequently they sre hired out toa party —be then tie tohum hich, them, wasthe case here? Why sume tbat it wat a biring out to Doctor Smith? is no evidence of his being sold to him, ! bound to atsume that he was hired ow evidence of « bill of sale. In ai we do he pocket of another. And should they of Uhis kind, where more than money. lite—the liberty of a man, was at sta no evidence, competent in law, that Henry Long is the property ot J T. Smith. Counsel r ferred to the evidence aod said that when there confiict in the testimony, doudt, of course, arives, and the benefit of the doubt must be given to the alleged fugitive Might it not have been that Doctor Smith eet this man to Richmond. fer the purpose of beng hired out for the benefit of the we? Ttemay have been, at the request of all the partion to the estate. 7 found Long keeping @ confestioner's shop in Chil tiauburg, under the supervirorsbip ot the adain istrator of the estate thut the s@mivistrator hited him eut for the benefit of (he estate, aud if he ewes labor, he owes itto the administrator, and not toJohnT, Smith, Again, at the time be is #lirged to have escaped from Richmond ke wasin the service of Haskine & Libbey, who had entire control over him; and though we hare noevi dence that he was sent onto New Lork by them, yet we may af well presume that they did on thet they id not. If then, he cid wrong to any body, he did i o Harkins & Libbey; bat there ia no eviience here by them; there is & failare to produce them, and no prespmption is to be heidthat he osme ou bers with- out thelr ranction; wb re the presumption ts adverse tothe party accured, we are not to discard it Counsel here referred to the testimony of four wit nesses for the defence end said that the Court was not vested with arbitrary power to diseard it ‘The Court remarked that it could not Cisoard any testimony that it believer Mr. White conceded this point and then proceed- fon of ed to Instance the case iu Philadelphia, where x Jom- | missioner arbitrar: repu the testimony of two colored witnerrrs for mo esrthly reason but because they were biack; aud supposing that © siunlarity of color ruperinduced perjury nod the Commtsstover be. Ve 1g the testimony of one white man, sent the alleged ¢ to slavery) When the suppored ww eaid he had nothing to do with him f him. | bad seen him before; and the alleged sin t beck to Philadelphia, the Commissioner heving re- ceived $10 for sending him to bondage. Mr. Wh then alinéed to the num fence, of unlmoeached, and he rhould presume un imperchable, character, and concluded by ek dereeching the Vourt to look to the evidence not Invoke that sympathy which all men mu but he invoked justice, for he wat persuaded that r of witnesses for the | Henry Long did not ows service to John 1. Smith Mr. George Wood, on rising to reply on behalf of the claimant, said there was but one consideration pre- rented in this case which the court wae called upon to decide. and that is, whether Henry Long owes service to John T. Smith ; and if eo. whether Heory Long es caped from that rervice, and is now here berore them ® fugitive trom Iabor! This iceae involves identity It he is not the rame Henry Long who owes ser then thie man doce not owe it. The counsel o other ride told them that this ease had created cr excitement. His valnable serriows have been retained for the defence, and be owns that Henry Long is not sble to reiain them. but others have done so, He (ie Woed) admitted that it Henry Long could not employ the talent which is there displayed, it was perfectly competent that others might do ro, and if they did not endeavor by artifice to ernde the lav, why they are doing no mere than what tn proper. That taere ix an effort in thie community to evertarn this law, end treat it ar Unconstitatienal and void. and to dis card it under the higher ant cority of nature. there can be no doubt. Thay go ro far at even from the pulpit too, to cay that it sheold be resisted untodeath Lt ie on thir account thas other gentlemen take a stand aceinet » portion of the community who wish to over turn this inw apd involve the country in auch a risk and he contended that thnt they had a right to do so The prownd they take on the ether side fe that slavery is repugnant to the laws of God end man, and it was thet which brought him (Mr Wood) there. It tt in ed only the case of whether Henry Long was ¢ of not, be should not be there, But when there when efforts are made to ald fugitive from labor and make thie countey coptacle of olavee, then be (Mr W) meer; bo ventured to any that if all th legislatute are to be broke: on, thie Union will not k “ It stated that th on to ray, “ts our righ Ate seoure end one hundred thonenad men in Georr's are determined to asrert there rights,’ &¢ ) a Wood ot guess money out of the pocket of | ‘And the presumption is rational | ™ePd. and that b | three years, during which period Emanuel con- | himself entitled to apwarda of four hundred dollare. | with the b matic effort in this community to rosie | {| faze on to Norfolk ; inued:--He wouldask, why is it that the only men not t, are the learned counsel on abolitionists t young man (Mr, Jay, one of the 198) will recollect that one of the ablest_ men engaged in building up this constitution was his (Mr. Jay's) tether, and h Wood) supposed the counsel would not say hi wiser mao than that grandfather. Slavery existed in this country for upwards of two centuries; it pervaded all the colonles; it gre uses; it formed a gener re associa- counsel tor the @ American common there was no pariia legi enactment establishing it, but it was re. cog y the English government fostered aud protected by it. Under the gover: ery was the common lew of the government es, It is true a number of these States oe 4 Well, they had @ right to do #0 tir own time in aecomplishing it. 8 din these States while under the Great Britein; they abolished it im so: they were willing to ise it inthe States did not abolish it, But im the middle States, fol: ing the example of the Wilbertorces of Kngland. took it into their heads that it was contrary to the of God, and should be resisted at all hazards. Counsel bere referred to Vy d pictures whiok had been di:seminated by th olitionists, the tendeucy of which might be to cause the throats of men, women d senares in South Careline to be cut in twain. The of the lished too! lete w- on the other side had endeavored to excite t ym pathy of the court, beast” at the same time, he repudiated it ; but he (Mr. Wood) thought all t! had to do was to hold the scales of juatiow hand—to balance itfeirly, and if they come to tl conelusion that this man is a freeman, let him remain here; but if they come to the conclusion that he owes Isbor, why let bim return to serviovw. The doctrine of the learned counsel on the other side would lead to in- surrection, if to’nothing else, It would bring about alievation and general danger to the country at large. On what do they rest ’—why are they ready to peril the interests of the country ? Because they say rlave- ry is cin, Counsel here said he had often heard high ecologies passed upon the Pilgrim fathers by abolition- ists. Blavery existed in their time, and their desoond- ants should not “grow wise in their own conceit.” Christianity, in the time of the Pilgrim fathers, bore evidence against the sins of mankind ; but it never in- yaded domestic institutions ; and slavery they reeog: oh nised a6 # domestic institution. They were told by write! the olden times, that the great danger in re- publics im is the licentiousness in the b: of the ie ; but he theught there was greater coagee in rubtleties of the abolitionists. Could any man in his senses believe that if their doctrine oan be persisted in, that the Union could stand? Do they they believe that apprehension of danger is unfounded ? He ua took to say that such doctrine was not credita- bie to any gentleman who holds it. Me (Mr, Wood) considered this act perfectly constitutional and rea- sonable in its provisions; he saw nothing objectionable init. Counsel then stated what toe law under this act was; und said that the proceedings here were not conclusive on the merits of the case. It was simply applying for the extradition of the man to the Btate from which he had escaped. What oan be tho objec- tionto this jaw? Like all cases of extradition, it dis- penses with trial by jury; for it could mot bo expected that @ man claiming the slave would come six hundred miles, with witnesses, to go before ajary trial. Mr. Wood then contended as to the constitutionality of the proceedings in these cases before # Commissioner, | and submitted that all the objections to this law are entirely unfounded. It had been said that if a Commis. sioner discharges the alleged fugitive, ke gets but five dollars, aud if he returns him to slavery he gets ten dellars; but could itbe supposed that such @ consider. | ation would intluence the mind of any Commissioner? He apprebended not. When he (Me. Wood) was young, in the State where he first practised, the Judge and | District Attorney got their fees if the accused party | was convicted, and nothing if he escaped; and yet he | never heard an instavoe where a Judge or a District | Attorney was suspected of having been influenced by | this consideration ‘The queetion is, had the claimant made out the fact that this man, Menry Long, owes labor to John T. Smith? or is the tact so weighed down by the evidence of the three blacks brought for- ward for the defenus? Mr. Wood here referred to the evidence of Dr. .Parker; and in answer to the argu- | ment advanced by the counsel for the prisoner, | seid that if the duresse complained ot was sufl- cient, the entire efficacy of the law must be de- | feated—the law would be rendered totally inoperative. They say the claimant is bound to produce higher | evidence of ownership; that this man was the property of Mr. Anderson, He (Mr Wood) was not aware that | there is any such proof; the partition of the property | was parole, but it Lad beew proved that for # number | of years Long bad been hired out; they had, in fast, | rot all the evidence necessary to establish the elwim, | (Counsel here refers to a decision of Juage Baldwin, | im wkich he states that @ bill of ssle ie not necessary | to establiah a right to a slave, Second Circuit Court | Keporta. 311] Mr. Wood next referred to the evldonce | of Dr. Wade. who deposed that the man was originally « tlave—Chat he knew him to be such from boyhood — that his mother is slave and that he was hired out | to Harkins & Libbey, whilst Dr. Parker received his | wages, aud transmitted them to Dr. Smith, as the owner of fhe slave The question js. is he the same | man who lived in Rishmond, and had tro wives there, | and came on to New York and got his third wite’ | Having referred to the cases of mistaken ideatity, | cited by counsel for the detence, Me, Wood said they could not state a case, occurring in our courts, which | involved the nots of au individual, that the evidence of | identity does not come up. What is there, then, in | blacks, which creater auch a haliowed feeling around | them, more than in ibe case of @ white man’ Give them a fair chance, But this would not suit the anti-slevery men—they covsider that black man’s identity » not to be proved by the pringiple whi refers to every white mao in the community. Counsel bere reviewed the evidenoe for the clal aad that for the defence, and contended that ti was nothing adduced to oucweigh the tes Deotor Parker and Doctor Wade, There was no doabt but the witnesses for the defence had ae: New York; but they wore mistaken as to ¢ they firet met him here. Why did they not testimony ot the dates of payment to him bad been employed! ‘The witness Dixon was evid ly not very accurate; her evidence t# clearly loons. Emeline Stealy, too, was mistaken ia the memoran- um of agreement made with Long; nothing is more common than at the change of the year to inake om akes in tho year, He (counsel) had himseif two or three times written 1850 for 1851, Cooneoting that with the fact +! her having Gxed the time $y the sail. ing of the Ta: lifornia to be 1548, Instead of Tio, which the claimant bad proved by 8 ‘grntieoian fy it beyond doubt, he would then ask, Is there any doubt in the mind of any rational man that Meary Long ¥as inthe service of Jobu T. Smith, in Rich- escapes? Inthere aay dowbt that thie man, Henry Long, came to New York in one of those two year’ Ia there any doubt that he is the tame man’ Suppose there it a mistake as to the date the ride cf the claimant—is there any doubt that bas been in New York working a¢ a huok driver and ter? This mistake as to dates t+ of no materiality, have the fact that be escaped from Richmond, tthis man was ® @l aped trom Jebn T. Smith, and that he is | fugitive from and ought to be vered vp, They thought, on the other side hould not exit. Is, too, thought that ery should not exist that there should a the world exercising righta over | @ not all to turn Den Qaixotte men; but we nd what is the oon of these paupers r: rs, We bare enc . We now in thaf posi ion to which Ceorge Warhington alluded. He warned the people of {bis country against the danger to which wa are now In conclusion, Me. Wood enid he saw no | tn why the certificate should not be granted to | the claimant ot Henry Long. The Court then adjouroed, The decision will, perbaps, be delivered this morming. tubing Extraonpinary Five.ity or a Stave. —A man servunt wamed Emanuel Boykia, belonging to Fer- guson end Milhado, of Norlolk, entered on board the frigete Brandywine as captain’s stewerd, oa her departure from this port to the Brazil station, hav- ing the permission of his owners to appropriate a | riion of his pay, duriog the cruise, to the pur- ase of hie freedom. Previous to sailing he left * allotment Hcket with the navy agent, with in- | siractions to hend over the amount which it entitled him to his owners. The ship was absent about dueted himself with eo much propriety and fideli- y, that he became a general favorite with the offi- cere, and the captain Considered himself fortugate in having so faihtal end valuable a servant Oa the return of the ship to New York, Emaouel found Here waa a fine opportuaity for him to have availed himeetf of the moral doctrine of the abolifionista, end embrace such freedom as they olfered. He wae, in all inteate and purposes, a free man; and lsome out four of five hundred h was hiv, and nobody else had aright But his morality wae not that of the to clam i abolitionists ; he hed a consctence, and a sense of moral chatecter, and an honesty of parpose, far dife ferent from t pocritical huckstering aad trick- ty of the abolittonisie, who steal the livery of heaveo to serve the devil in. He knew that he justly owed hie owners $300 more than the allot- ment ticket called for, and, happen what might, he | ly reduced, the Diarie goes on to apeak of the INTERESTING FROM HAVANA. NINE DAYS? LATER INTELLIGENCE, ‘The Progress of Cuba, and Condition of the Island, de., Se, de. Our files of newspapers, received from Havana by the Georgia, embrace the Diario de la Marina, Faro Industrial, and the Gaceta de la Habana, to the Ist inat., nine days later than our previous ad- vices. The intelligence is interesting. Our translation® from the Diario de la Maria give the pubic a coup d’ert of the island for the year 1850, and the eituation of affairs on the first day of the new year. The late American Consul at Bremen, Mr. Rob- ertson, was at Havana, engaged in introducing om the island a very ingenious machine for refining sugar.” We spoke of the value and capacity of this machine, @ month or two sinze, in the columas of the Herald. We learn that a gentleman, Mr. Dalton, formerly of the United States, was taking measures to build a new hotel at Havana, on the New York plan. If conducted properly, such a house would become very popular in that city. The Captain General had been sick of fever for several days, but was recovering on the Ist inst. We have no further intelligence relative to the returning Californians, who had been arrested im Havana for riotous conduct in the streets. Annexed are the trauslations from the Diario:— CUBA IN 1350, (From the Diario de la Marios, January 1 It is an undemable fact, that the year 1 has not been one of the most favorable character for the Island of Cuba. In the first place, rumors of an invasion from a foreign country, could not but exercise an unfavorable influence on a country habitually peaceful; in the second, the ravages of a direful epidemic have been severely felt. Still, in spite of the suttering caused by this latter visita~ tion, in spite of the piratica!l attempt of which Car- denas has been the scene, the country has, during the last few months, experienced a happy change. The reason of this has been, as well the disap pearance of the terrible plague, which had caused so much terror, as the con mn, the profound and complete conviction, of the impotency of our lawless enemies. Add to this, the consciousness of the immense resources the country possesses to repulse all such attacks; the watchful care of the mother country, and the efficieat superiateadence of authorities, whose only object, and whose only care, is to preserve and increase the prosperity of the country; and this object they will accompl basing all their acts on the strictest principles justice, and etleeting theirimprovements by calling to their aid the most enlightened intellect. For tunately, the hazards and dangers which beset us during the past year, have not proved such as to prevent the country from exporting the products of 18 wealth, and from obtaining advantages in foreign. markets, while, on the other hand, it has not beem deterred from devoting itself to the preservation and improvement of home tndustry. And now, the Supreme Being, who views us with special predilection, allows us to hope that the new year will be fraught with the most bril- liant advantages, so that, look at the island as we may, we will find its position, at the openiag of the year, to be most satisfactory—with peace and se- cunty to foster and encourage its industry, aad with the efficient administration which our august severeiga has placed over it, it has indeed good reason to hope that 1851 will be for it a year of ua- unexampled prosperity and happiness. DISTINGUISHED STRANGERS IN HAVANA. The distinguished strangers that have been our ests during the year that nas just closed, are the fev. Bishop of Jamaica, the young Count Darham, Peerof England Lord Mark Kerr, Lady Emily Stuart Wortley, Gen. Villamil, of the Repablic o Eduudor, H.R. H Prince Charles of Wartem- berg, and Mc. James Gordon Beunett and laty ; both distinguished as writers, and the former ag founder of the celebrated New York Herald THE ITALIAN OPERA IN HAVANA The opera company which we have had, and which we now have, since the beginuiag of the season, thatis, since the 10:h of Octoder last, is the same as we had during the last seasva, (from 1549 to 1850) with a few exceptions, which we shail meution. During the past seasoa, the principal parts were filled by Signora StetTinoniand Sigao- ra Boso, during the fore part of the and Signora Tedesco during the latt three of them cazranos absolut Sigaorina Costini, prema donna = comprima ; Vietti, firct contralto; Signor Cesar Badiali, first barytone; Salvi, and Ferretti, tenors, (the last named was prevented by an eflecuon of the throat or lungs, from appearing on the stage during the whole season. He only sang at the opening, ia some opera, we do not recoliect which, a bh indiflerent success); Signor Lorini, first tenor, aad Signor Corradi Setti, first barytone. During the acival season we have had all the above named persons, with the exception of Signor Lorini, and Signor Coradt Setti. The vacancy created by the absence of the former was filled by Sigeor Adelin- do Vietti; the latter haa been replaced by Sigaor + Vita. Besides theee variations, Sigaor Jere= miss Bettini, first tenor absolute, was added to the company a few days since, This gentleman occupies the place that Was to have beea filled 4 Sigvor Ferretti, who remaived in the Unite ates. During the whole year we have bad eighty- ven operas ; forty-one belonging to the last sea- son, rag forty-six to the one that is not yet com- leted. xf We are rejoiced to see that the prices have beem lowered, which is an evident proof of the justice of the reasona which actuated us, wheo list year we urged such a reduction as might be made with justicr, and without injury to the directors. This reduction is rendered the more striking from the foet that the opera has undergone several vei Len: ficial changes, not only beeiuse we have hat Signora Tedesco during the whole of the seasoa, and because they have givea us such a tenor as Bettini is reputed to be, bot because the -pleasure resu'ting from the performances of the operas has been greatly enhanced by the very heantifol painting of the ecenery, due to the re- merkable talent of Signor Zuccarelli, who is at present employed by the compaay. (After a few unimportant details, tending to that the prices of admivsion &c , have been sli, = let companies that have performed ia tavana. ‘Two ballet companies have visited us this year, both of which pertormed atthe Tacon. The one was under the direction of Mr. Coppa, and its firat dancers were Madam Crocea and Mr. Neri, who, berides being themselves but very indiffereat ar- tiste, were aided by third or fourth rate dancers. ‘The reeult was, that they were only able to perform twiee, and that with very little success. The se- cond company was that under the direction of Madam Adele and Mr. Hyppolite Monptaisir. Though this company was far from being deticieat in completeness or merit, its anccess was not euch a8 toencourage it to perform more than four times. The prices of admission were kept very high. We would, before concluding, mention the eques trian companies, of which we have had three. The firet was thet of Messrs. Banks & Archer. ‘This company, composed of good riders and bad horses, performed atthe Tecon; the second was that of Col. Mann, good horses and poor riders; and lastly, that of Mr. Scopellete, composed of ¢: cellent Evropean riders, and beautiful horses; the two last performed at the Circas. All three of there were successful, especially the third, which, not withstanding the unfavorable season it had cho~ sep, it being the opera season, performed about ‘The two others, each performed Mr. Walter, aided by professors and city; the other, by Medias Covini, assisted by the sare persons; both of these came ofl very suo- cessfully. Pea The form of the Arm: Wan Deranraest, Ansu tant Gpwenan’s Orrice, Wasnivorow, Deo, Sl, 1860. Grvenat Onnens, No 48 —A Boned of officers pseemble in the city of Washington on the 16th day of Janusry, 1861, to tevise the waliorm dross of the army of the United States. The sabject will be catefull; examined; and the uniform agreed upon by the Boar ssoribed and illastrated by drawings. whiom was reeolved to see them and pay it in person. Un- willing to risk so large a sum about his pereoo, he let it remain in the purser’s hands, and took hie re- ceipt for it His next etep was to engage bis pas the maste ing to re him, he waoted 5 wext vee n which he embarked, and after a passage of ten days was landed in Norfolk, when he proceeded wich to the counting house of Ferguson and Milbedo, gave them the purset’s receipt, and as He iteenld be done whe Mlle invested with a he Herald, Tan 1 will be submitted at the phan f Ly Colonel B A. Hitchooek, 2 y © F Smith, Sd Artillery; Breret Colonel Q Weight, 4th Infantry; Colonel Q, a. Medal, Inspector General; Cooke, 24 Dragoons, Tob Infantry, Bee Major | Beovet 1.0. matant Quarterme: ewer: By o1 i the Seoretery o sects BR JONES, Adjatant General, nes batng eoosidered & oa . Senator ja Penasyivamie Tron. Richerd Re Cidete for the eMee