The New York Herald Newspaper, January 18, 1851, Page 7

aa of the plan of African colo- the ipiegcadeat republic of Li- ae, most conclusively commends it to na- consideration. On that far distant shore, for darkened paperstilion and crime, a community of free colored the United States, aided by Ameriean tad’ taket seit high posto among end taken thei ¥ jon dent States of the Norid. Englan: have acknowledged their right of self-government, outraged by reons from and their just to the respect and comity of na’ tions. ‘What higher motives can be aed than theee which have given existence to this republic % ve ‘What work more fonorable or more sublime than that to which it is dedicated anddestined? Tho present few in numbers and very limited means, a vast field for action and influence opens before it; and in its constitution and laws, in the spirit of its people, the advantages of its position, and the motives and necessities of who are Pasieninn to build up their homes and their for- tunes under the shadow of its wings, we see the elements of mighty powers of an unbounded growth and prosperity. It has been justly said, that ‘the poe necessity of the world at this inoment is a pice necessity ele through every period ef the a necessity felt through e of the \d’ tery, and now about to be welled. The western coast of Africa is, in every point of view, the most effective position for such a State to occu- py. The black race, of which there cannot be much less than 150,000,000 on earth, is pre-emin- £ ently the needing such a development, and Eres for it; and the United States are Gane @ condition to found such a commonwealth wit this race, and under circumstances the most hoj ful to the world, and the most beneficial to the blacks.” Around this Fepublis of Liberia, the morning star of Africa’s redemption, revealing how rest evils may be transmuted by the hand of the mighty into an incalculable good ; which looke with encouraging and cheering aspect upon the African race in every part of the eerth; reconciles the gift of liberty with the highest interests of those who bestow and those who receive it; opens a quarter of the world, for maay years shut up in barbarism, to the genial and renovating influence of letters, laws, commerce, and Christianity--are gathered the sympathies of all virtuous and gene- rous minds, allied with its safeguard, the all-en- circling and never-slumbering power of an omni- potent Providence. The igs increase of free rsons of color, in maay of the States of this inion; the importance, for their benefit more than our own, of their organization into a community by themeelves, in the land of their ancestors; the im- mense advantages such @ community must secure to itself and extend to others, by developing the re- sources and turning into legitimate channels the commerce of Africa, by the civilization it must im- part, and the moral and political truths it must ex- cue and enforce among her ignorant, debased, and chaotic popylation—all commend the republic of Liberia to the regards of the general gove.nment ofthis Union. Engaged in a work of unsurpassed dignity and importance, the inhabitants of this small republic are accomplishing more good, as [ must believe, than any equal number of human be- ings, in private stations, on the face of the globe. More than to the united endeavors of all Chnstian Dations, with their trea'ies and armed squadrons againet the slave trade, is humanity indebted for ite suppression along many hundred miles ey the Atrican coast to the people of Liberia. But i sireuld not be concealed, that to explore Africa; to establisn commercial intercourse and relations with herinterior tribes; to improve and fortify the har- bors of the republic; to make needful experiments in agriculture and the arts ina region to which the people from thts country have so recently been in- troduced, and to maistain a wise system of edaca- tion for all classes of her population, so that its ter- Nitory shall offer an attractive home to all the free descendants of Africa, demands pecuniary means to which the present revenues of Liberia are une- qual. But since this republic, more than any other power, will develope the resources and ia- crease the trade of western Africa, the United States, in aiding her endeavors, will open new mar- kets for American productions, and essentially aug- ment American commerce. Yet far higher and nobler motives than those of gain, will, I trust, in- cline our national authorities to encourage and as- sist the citizens of Liberia, a few adventurous but determined children of Afri gone out from our midst, that they may recover their long lost inheri- tance, show their ability to build up civilized cw and States in regions where they have been un- known, and bring a vast continent, now lying in dim eclipse, within the circle and the influences of enlightened and Christian nations. From the presence of our squadron onthe Afn can coast, benefits, doubtless, accrue both to Libe ria and to our own commerce; but I may be per- mitted, in the conclusion of this report, toavow the inion that a re by the government of United States of the independence of the re- public of Liberia, and an appropriation of fifty thou- sand dollars a year for ten years, to enable that re- eqn to carry out the principles of ite constitution, the happiness ef those who from thie country are seeking a home upon its soil; for the yin sion of the slave trade; and the civilization of Afri- ca, would be in harmony with the character aod sentiments of this a give stability, pro- St and triumph to liberty and Christianity on African shore. THE AFRICAN SLAVE TRADE. Facts Connected with the Traffic in Slaves at Brazil. The Slave Trade Carried on Under the American Flag. The President of the United States, on the 12th of last month, communicated to the Senate of the United States nine documents from Mr. Tod, Ame- rican minister to the court of Brazil, on the slave trade. We select from these all the matter and facts which can interest the public. Mr. Tod, under date of the 16th of October, says that he is mortified to find that his predecessors have been compelled to report to the government frequent instances of the use ef the flag of our country in the infomous traffic of earrying negroes from the coast of Africa to Brazil—of American @itizens being engaged in the abominable trade, and that he himsel! hes been compelled to continue in making similar reports to the government The infamous traffic is yet carried on to an ex- tent almost incredible. Not than forty-five thousand negroes have been imported razil within the lust year The poor creature: only separated from their homes and friends, but, on their passage, end frequenily after their arrival at Brazil, are treated mest brutally. More or leas of every cargo are murdered on the voyage, and the survivors are too often used as mere beasts of burden. far the greater portion of it is carried on in veeseis built in the United States, and under the flag of our country Our ceneul at Rio, in the months of May and July, 1847, took sundry depositions, clearly estab- hehing the fact that the American brig Senator roceeded to the const of Africa, in the month of ember, 1846, and brought to coast of Brazil a e cargo of negroes. The deposity repre- sent a scene of cruelty and horror indescribable. Several depositions confirm the facts to which George ©. Koeler deposed, viz: that he shipped oa board the “Senator” in Rio, in December, 1546, for a voyage to the coast of Africa, and back. Sailed on Sid January; arrived at Ambriz ia about seven weeks,and there diecharged part of cargo and left two passengers, eviher Portugese or Bra- ans. Next weatio river Congo, and dischatye more cargo; thence to Lowgo, where more was discharged; and thence to Caninda, where palance was discharged. A part of the time deponent was at Cabinda, he was soill asto be insane. While there, after everything was taken out of said vew sel, the mate Mr. Miller, went ashore one morn- ing, and returned about eight the same morning, and Called all hande aft, and suid that the vessel was to take in slaves, and the hands ought either re- main or go ashore, as they pleased | could not g0 on shore, and was compelled to remai After thie the Portuguese captain came on boat crew went to work to muke all ready to reerive the slaves. The mate worked with the rest, and aided in receiving the slaves, who were brought aboard the same afternoon, sad about dark the veseel wen! to sea. Captain Kelly was very sick ore at this time, and was left there He left the vessel the day we arrived, aud did not come on board afterwards. Took on board 933 slaves. TAdied in the hold the first night, from sufloea- tion, the slaves lying ou top of each other, ihe hold was so crowded. The deck also was so crowded, Leould not well move about. Only six hundred and filty were alive on their being lar which was done about ten miles to the north Frio. Most of the ho died pertet want of water My vovage over Deponent. has seen Miller in this city within afew days, Miler told vs our wages would be paid in Rio; and Senor Rants was ane reargo, und he told us we should be paid by his her in Rio. Deponent waa piid 960 mitreaw Shecne Ramos the elder, on board, before the ves were landed In Janwary, 1848, the American bark Laurens from aeted as mate during the abolition of all in American vaanaiashenvees Brazil and the African eoast. On the of July, in the same year, Mr. Tod issued a circular, dreeeed to the American consuls in Brazil, view to obtain the statistics of the slave trade, connected with American vessels. On th January, 1849, after measures had been stop the illegal traffic, Mr. Tod that the Aierican traders in hu: » in human On the eighth of lganary, 3000. Mr. Tod wrote to the Secretary of State fifty thousand imported into Brazil, and sold as for life. One-half of this number are intro- duced through the facilities directly and oy 4 afforded by the American flag. This belief founded upon my familiarity with the subject, growing out of a close atten y are rival in Rio de Janeiro. The declaration is a hu- miliating one, aad eteiog te & desire to awaken action 00 the pat of the legislative power of our country could induce me thus to make it. It hae been asserted at various times that the imperial government was about to resort to strong measures for the destruction of this commerce. Seme months ago, reports of this character were more than ly prevalent; but, if any new steps have been taken to arrest the trade, they have proved enurely nugatory. A respectable journal ot ths city, the Corneio Mercantile, of th ultimo, in referring to the slave trade, and to the reported determination of the government to sup- ress it, held the following | * ee me Singular Sieoammabanes: aie very time it is said the government is seriously engaged in sup- pressing the slave trade, the slave dealers are boldest and most ostentatious, and the landing of slaves ie the most frequent and nearest to the prin- cipal ports of the coast. Official morality is mar- vellously advancing.” . if the Brazilian statutes upon the subject were faithfully enforced, the slave trade could not con- tnue. Unfortunately, however, those clothed with their administration and execution, with some honorable exceptions, connive at the traffic, and silently acquiesce in the vielation of the laws they are sworn to uphold. Whilst the head of the government, and many of the most enlightened statesmen of the empire are beheved to consider the slave trade as inimical to the true interests of their country, a greater number | jrofess to be honestly of the ovinion that the wel- tare of Brezil demands the continuance of the trade; and, atter defending the traffic on the ground of necessity, many proceed to contend that the condition of the Afncan is meliorated when he becomes a Brazilian slave. However repugnant to the pnncip‘es of sound political economy, and of enbgbtened eye these doctrines may be, they are Vary general iy entertained by the people or Brazil. hen to these impressions is added the iremendous power of the prince, wielded by those who reap the immediate protits of the traffic, it may inferred that the few who labor for its suppres- an | have very embarrassing obstacles te contend will Tn this unequal struggle between humanity an¢ patriousm on the one hand, and cupidity and ima- gibaly self-interest on the other, the influence of he United States flag is scarcely felt, except in rupport of the slave dealer—the seizures made by American men-of war weighing ## nothing in the scale with the faciliiies which our colors afford in the transportation to Africa of slave goods, slave crews, oud slave vessels. Many of our vessels have been seized and sent te tbe United States for trial, on a charge of partici- pating am the slave traffic; but how seidom, ex- cept Wheu slaves have been absolutely found on board, hasa condemnation taken place. Forfeitures eercely furnish exceptions to the general rule. Having its inception ina distant land, the crime remuins unpunished, because a conviction is in a great measure dependent upon a chain of circum. ctental evidence, and an intimate familiarity with the mode ot conducting the trade, which are alone a upon the spot where the offence origi nated. Apart from the odium which the participation of our flag and our citizens in the trade brings upon our country, it not unfrequently happens that pri- vate parties in the United States become sufferers. The case of the bark “Herald,” lately communi- cated to the Lepartment of State, is an instance in point. Masters and mates of vessels are some- umes eeduced into a betrayal of the interests of their employers, and become pirates, in the hope of suadenly accumulating fortunes. ight not are- yeution of outrages similar to those which mark he case of the Herald, seriously endanger the peace of the countries? The French charge d’aflaires near this court in- formed me that he was ructed by his govern- ment to ascertain our laws upon the eubject of the Juve tr and he at the same time submitted in writing the following question: ‘What powers tio the laws of tne United States confer upon their agents upon the subject of the slave trade? Have they power to prevent the rt to Africa in American veesels of merchandise destined for the traffic? Have they the power of placing an em- bargo upon vessels suspected of sailing for slaves?” I reter to the request of Mr. St. George, ia this place, only to show that other goverments are be- coming sroused to the necessity of adopting new measures to rid themselves all connection with this trade. The painful solicitude I experience upon this subject is my apology for ing passed upon your valuable time. have said less, consisteatly with my sense of duty ‘o my country and to the cause of humanity. [ could pot see our proud banner converted into a id for slave robbers, and the sacred principle of nviolability basely prostituted in the prosecution of this traffic, without once more invoking the prompt and energetic action of my government in be premises. Nearly half a century has elapsed since the Con- gress of the United States prohibited the introduc- uon of Africans as slaves into our country. The wisdom and the justice of that measure are ocknowleoged by all classes of our citizens, re- wardless off tneir locality, The North and the Soutb, the East and the West, would rise as one mon to crush any attempt to open our ports to the importation of Africa . And does it not be- come us, then, a# @ just nation, to bit our cit zene from directly or indirectly assisting to burd another people with what we would consider a dire curve? Shall we sufler the influence of our flag to main afrayed io opposition to the Brazilian pa- nots and philanthropisia who are — struggling ogeinet Pap 9 odds tor, the Suppression of the trade? Or shall we not rather, by one summary eet, secure ourselves from the taint of this orrble busines, that we may be enabled con- cistently, and witha moral power which would be irresistible, to call upon the government of Brazil its might and crush the monster, at all ad at uny cost. ot epeuk of ine horrors of the slave trade, of the misery, of the wars, of the marders it occa- one 5 wenther shail | lift the veil which conceals be bellwh torments in the middie e—tortures, compared with which the most cruel death kaown to the law would be hailed as merey’s boon. But | do appeal to my government as it regards the ob- iiganiou devolving upon it to preserve the American cecutcheon unssuilied, and the duty it owes to a oeghboring gation to cut us loose from all par- Heipation im this most aceursed traffic ; and I again repeat my cConvietion that this end can only be ac- complsbed by the adoption of the measures ¢ have ecommended. Hundreds of thousands of Ameri- n bosoms would be bared to resent an insult + flered to owr flag by a foreign foe; and shall we br sitate to reecue that same gtori*us banner from the foul poifution of the slaver’s touch, when it may be done by merely lopping ofta trade com- paratively contemptible in extent, bloodstained in character, avd in Which none but outlaws and the abandoned may be presumed to parucipate ? Annexed ts 4 letter addressed by Mr. Gorham Parks, tormerly a consul at Rio, to Mr. Tod. [ts facts are highly inte important :— RK in. 29, 18560. Sir,—The number of American vessels which, ence the Ist of July, 1844, until the Let of Octo- ber lagi, (when } Jett the consulate,) sailed for the coast of Africa from this city, is ninety-three. Of these versels, all except five have been sold or de- hivered on the eos: of Atries, and have been en- geyed in bringing over slaves, and many of them ve been coptured with the 6! onboard. The ore I is impossible to ascertain, as erly en whieh dut aid at e by ho means ites the true | carried over They were all of them loaded with gords with whieh to purchase slaves, eid with provisious and water for their support on ‘helt perenwe over The nu ber of American vessels which have en- tered from the coast, during the same period, has been fity-one, The vatue of imports from Afri tkcrping sieves, nothing There ie no trade b tween enhe west of east coast of Africa and | Brazil. excepting whet is connected directly direcdy with the slave trade jgleh cruisers form the prineipal impediment to the prosecatien of this traffic; and, as eur governmen 8 not permit | veseels Carrying our tH gto be » ed, our ves- | eels are preferted to most if not all others, by the slave trad as offering perfeet protection for the | truffle tr their dreaded enemy The fret #tep in the prosecution of this traffi to transport to the const, in safety, the goods which the sloves ere to be purchased For this | purpose en Arnerican veesel is either chartered of | bought. Ifthe first, the vessel, having deposited | the goods at the several slave factones and posts on the ecast, returns to Kio im ballast, when the charter money is pad, and the affair is ended. if, | bare however, the American vescel is purchased, the | stave dealer Gf other a citizen of the U States) finds Amencan citizen in whom he is willing to confide, ana employs him to buy the hases it for the amount specified, and per- Foes through the form of drawing bilis onthe this transaction is gone through moment when the slaves are ready to be shipped— the American captain and his crew going on shore a8 the slaves are coming off, while the Po: or Brazilian ngers, who were carried out from Rio once become the master andcrew ‘Those of the American crew who do not die ef coast fever get as they can, many of them being com, to come over in slave vessels in order to get back atall. There is evidence on the records of the Consulate, of slaves having started two or three times from the shore, and the master and crew from their veusel, ia their boat, carrying with them the flag and ship’s papers, when, the parties becoming frightened, both parties retroceded, the slaves were returned to the “shore, and the American master and crew again went on board the vessel, the stare and stripes were again hoisted over her and kept flying until the cause of alarm (an English cruiser) had departed from the coast, and the embarcation sately eflected. I know of another case where an American cap- tain took on board slaves and landed them three times, and was finally compelled to como away in ballast. Both the captain and the vessel have been in Rio since. The vessel was under Ameri- can colors at the time. You can have no desire to have me narrate to you at length the manner in which the slave trade is carried on, or to descant on its horrors; both are well known to you: and should the government of the United States wish for any further information on the subject, by directing the conaul at this port to send home copies of ali the depositions and other ay beari mm the subject which are recorded _his archives, a mass of information would be ob- tained which would cause many a blush for shame and glow of indignation at the degradation to which our flag ie subjected in this slave trafic, and the aid at aflorde to it. lo the list are’ included not only those vessels which cleared openly for the coast, but also those which cleared tor small ports in Brazil, at times when some small American verse! was in harbor which could be ordered by the commodore to pursue and capture her, and afterwards sluuk into eome by-port, where they knew they were not likely to be followed, and there received their cargo, even to the slave-decks, and then preceeded to sea. So, also, it includes those like the Laurens, lately condemned at New York, which cleared osten- sibly, 1 believe, for Batavia; and two whalers— the whalers Fame and the Herald—both of which vessels, having been cleared as for whaling voyages, were afterwards, in accordance with secret Laie panies perfected in this city, con- verted into slavers when they got to sea, and were, as | understand, total losses to their owners or ine surers. Ags the flag ship never cruises on such oc- casione, her presence in the harbor excites but little alarm. In justice to myself, perhaps, | ought to add that I have made ita rule to intorm the com- manding Officer of our naval forces in the harbor of the intended sailing of every vessel I nelieved about being engaged in the slave trade, and the grounds of my belief. I have good reuson to think that many of the captures made have been ia con- sequence of such information. ‘he whole number of slaves imported into the rovince of Rio de Janeiro, which cemprises this Donsulate, is estimated by Mr. Hesketh, H. BM. Consul, (who has better opportuniues for informa- tion then any American consul can have,) for the years 1846, 1847, 1848, and 1849, to have been about one hundred end seventy-three thousand five hun- dred. In this estimate of Mr. Hesketh I tully con- cur, considering it rather below than above the mark. I have no means of information as to the whole number imported into Brazil. The question new aj i—Can the government of the United States do thing to lessen this evil? I think it can, and first Bivre in d the character of the ni force upon this station. The United al force on the Brezil tation ia, and el- to suppress the a we need small mere, and small sailing vessels, to run up and down the coast as the commanding officer in chief may direct; and he should reside on shore at this port, which is the central point of operations forthe whole coast. The district embraced withia the United States naval Brazil stauen, so |, x- tends from north of the aquator to Cape Hora, and I am told it also sonny ¢ comprehenda the south- ern part of the west, the greater part of the east coast of Africa. after arrived here, I was applied to to grant sea letiers. I perceived atonce, what has since been too painfully verified, the great aid it would give to this slave traffic, and, after consulta- tion with Mr. Wise, then United States Envoy Ex- traordinary and Minster Plenipotentiary at this court, I declined to a sea letters for any other voyage than to the United States, where, upon the arnval of the purchased vessel, her owner would be obliged to procure a register im the usual man- net r. Wize sent me a very able and luminous ment sustaining me in the views | took of this subject, which 1 forwarded to the State Depart- ment. An answer was returaed informing me that it was my duty to grant sea letters. Since that ia- struction was known, I have granted nineteen sea letters to vessels, eeventeen of which are kaown to have gone to the coast of Africa, one went to California, and the other cleared for the river Piata, but where she went to I never knew. I have never grented a sea letter except with the approba- tion of your predecessor or yourself. Of the num- ber of applications rejected | have never kept ap account. Every applicant was required to bring himself most clearly within the purview of the law. How severe and critical have been the ex- aminations, you well know. Furthermore, as there is no trade ia American els between Brazil and the coust of Atrica,but it is directly or indirectly coonecied with the tlave trade, all commerce between | rezil aud Af- rica in our veesels should be prohibited. Snould any one depy the assertion that there is no trade in American veesels between this country and the coast except what is connected with the slave trade, I refer him to the evidence furnished in the cases of the Laurens and Independence. Were you must be well aware that not only the whole slave trade tn our vessels between Africa and Brazil would be entirely bre- ken up, but the slave trade itvelf,in any Vessels, would receive a severe and salutary check; aod no people would rejoice more at such a cousumma- tion than a large proportion of the ablest and wisest men this country tlio . The deepatfection which is felt here for the people of the United States would be increased; our commercial aud frieudly relations would be drawn still nearer together; our character would be elevated more than it be were we to line this whole coast win line of-battle-ships and tngatee; much good and ao evil would be done In concluding this communication, allow me,sir, to tender you my thanks for the au you have ever #0 readily afforded in the execution of my mulute~ rious and laborious duties as consul, and the wa- wavering kindness you have ever extended to me ae a man With great reepect, I am your exeetlency’s most obedient servant, Gounam Paws, Late United States Consul at Kio de Janeiro To bis Excellency David Tod, Euvoy Extraordi- nary and Mioister Plenipotentiary of the United States at the Court of Brozil Naval The U. 8, ship St. Leu the Stet Deo. all well eMficers :- H. H. Cocke, Com. Johns Ring © Williamson, 24 do; William L Blaate Jerhua D. Todd. 4th do, Jobn # Sterte, Wilson Keilog, Surgeon; W W Poliook, Acting Job Ward, Asistant Surgeon; Uharies Letimer, © West. Joe B. De Haven Pasned Midebipmen Harrison, Captain's Ulerk, A W Weaver. ¢ @ Mi tenn 8 Gapner, ker, Joh Wa- at wurnos Ayrer, on be following t+ @ litt of Lee J penter; Supreme Court—Cireuit Court, before Hon. Juego Mitchell Jan. 16.— Hill Gowdy vx thor. James It appeared Dy the evidence adduced io this onee by Meters Urist. Jobm Brady and Burchard, on bebslf (f ihe pliinwil, that on the 18th August, 1844, the det caants, who are carriers between Albany and Now York. entered into ar t with the plaiutiff, to convey tor him on & barge, cnlied the Re ugh avd Ready. eae thou wis of fudian corn took to New to do ro and the he amount of the corn t, 1848 n was ruok by the rout er Hudson, Albany. tn ot the great tire Hy lowe 4 to convey # e defendania ling of the y August 1848, | foresight could gaard against, Another ground of defence is that there was « linw of es im the basin at Athany. at the same time, and that there wae another barge callvd the Rough and belonging to the defeodas a and jclemt evidence to prove that the corn of the pisintiff was delivered on board the vessel Of the driemdante = Adjourned CORRESPONDENCE. Axsany, Jan. 13, 1861. The State Prisons—Applecants for Office. Since the result of the late election has thrown the managemet of the State prisons in other hands than those who have controlled them ever since the Lew constitution directed the election of the inspec- tors by the people,innumerable are the candidates for offices at Sing Sing, Auburn and Clinton. The elec- tion of Dr. Clark by the democracy, last year, was an entering wedge; but he being in a minority, and against such uncompromising whigs as Alex. H. Wells and D. D. Spencer, he could obtain no favor for his hunker friends, with the exception of advi- ing Wholesome food to such as involuntarily be- come pensioners mae the bounty of the State. The last election hus added another democratic inspec- tor in place of Mr. Spencer, whose term of service expired on the Ist inst. is ares the democratic ey, proper a majority e of Inepectors. t difficulties have arisen as to the manner of dis- pepsing patronage; Dr. moveable hunker, altho Lawrence, end Mr. Angel an ebony mouthed bur- ner. This being well known to of applicants, most of them héve a difficulty to encounter in con- vincing both inspectors that they are right as to the secrional views ot each. 5 The patronage of the prisons is immense, as has frequently been shown by reporis from former in- spectors ; hence the number of gentlemen who are willing to abandon their private business (if they have any,) and enter the service of the peat, to oversee amd overawe their fellow men in pul servitude. There are to be appointed agents, war- dens, clerks, matrons, keepers, gual and other understrappere, in great abundance. The two de- mocratie inspectors have been beset by hun of these drones with petitions, recommendations, &c., from almost every county in the State. Mr. Angel arrived here a few days since, expecting to meet Dr. Clark, in order to take into consideration the claims of the worthy patriots who importune for piaces. It was only xeateriay that Mr. Angel received intelligence from Dr. Clark of his inten- tions, which were to meet the Board of Inspectors at Aubuin on Wednesday, the 15th inst., for the purpose of making appointments for that prison, and lacing matters in democratic order. ‘rom there the Board will jroceed to Sing Sing, and overhaul General Lockwood and his subalteros, examine the stock of rough marble on hend, the ration contract, and, after having made the neceesary and indispensable reformation in front of the Huason river, then the Board will take care end stages for Clinton county. Here the necessity exists, more than at any other prison, for reformation. The ore business has evidently been neglected during the whig administration, and pri- vate citizens have so far been able to compete with the Siate, #8 to render the labor of the State iron workers unavailabie. So, it will be seen that all appointments are to be made at each prison locality, snd We advise the thousand and one hungry demo- crats, who have not tasted bread from the table of the Siete for six or eight years, to repair forthwith and fortufy themselves with the strongest recom- mendations ia their power. ¥ é in speaking of a new matron for the Sing Sing prison, a member of the third House remarked, this morning, that he understood that, as soon aa the resuli of the election was known, a letter was despatched to Oliver Charlick, at San Francisco, to give Mrs. Farnham a passage back to Sing Sing, in one of Law’s ocean steamers, in order that she may again resume her duties there, and re-com- mebce the moral instruction of the female convicts, by circulating among them the most entertaining works on mora] reform. Among other applicants who have been hovering about the capital, either personally or by their friexds, for prison agents, there are, Dr. Porter, of Madison county; Mr. Youngs, of Ulster county, aud Mr. Waterbury, of Dutchess county. Others, of less note, are about, inquiring for frends, from whom letters of introduction to the inspectors can be obtained. Mr. Angel is still here, but leaves jor Auburn in the morning. Ww. Aveany, January 14, 1951. The Speaker and Mr. Varnum—Introduction of Discordant Resolutions, §c. ‘The palpable insult perpetrated by Mr. SpeakeT Raymend upon Mr. Varnum, in not placing him a: Chairman of the Committee of Ways and Means, in the House, is calling down upon his (R.’s) head the indignation of the silver greys. Mr. Varnum was the competitor, in caucus, for the Speaker's chair; and according to precedent immemorial, es- tablished antecedent to the memory of any living politician, Mr Varnum should have been honored with the leading station on the floor of the House. Why was not the usage followed in this instance ? Was it because of Mr. V.’s known opposition to the ** higher lawyere,”’ who control the State adminis- tration’ Responses to these queries will come before the public before the close of the session, to acerteinty. The charman of this committee, hav- ing in charge the fioancial concerns of the State, is usually placed there in consideration of his simile- rity of views with the heads of the various depart- ments of the government. Now, the present ad- ministration have adopted a policy by which a large debt would be accumulated, even at the hazard of mutilating the constitution. Its leaders foresaw the imminent danger to which they would be exposed by permitiing a man as independent as Mr. Varnum # conceded to be, to assume the financial leader- ebip in the Legiwlature. They very well know, from indicatiousin the last House, that he possesses an unbending will, combined with determination, end could not be yed from his purpose by any ordinary means. Instead of him, a young mem- ber, scarce thirty years of a ‘Mr. Wheeler, from the sequestered county of Franklin—was appointed as chauman. The ekirmishing parties in the House commenced their operations to- ay. ad two sets of resolutions were introduced im relation to the general adminis- tration, compromise, the or Siave law, the Union, constitunon, &e., Ke, The first series was offered by a young member, counsellor at law, when athome, down on Staten Islan4, An- ‘bon by name, They are timid, tremulous, and without any degree of emphasis or bold- vers, baving neither pith, life y ia them, # the lust one, Which ne d (it the Benate 0 hail with arent prevalence of vated purp and that we will firmly comptomiee measures ef the last session of Congress, g them #4. on the whole, not merely wise and perriotic. but esential to the Union, prosperity pesce and progress of this great confederacy. They were laid upon the table for discussion, if it ehall be deemed worthy of spending the time, at come future and more convenient day. These come from a young «hig of the “ancient and ho- teruble fraternity” of silver greys. Within twen- ty minutes efter these were disposed of for the day, Mr. Thompson, @ democrat, representing one of the New York city why nets, presented for consideration another se: upon the same sub- Jeet, Dut possessing an infinite arnount of electrici- t\—ro much so, that the instant the reading of them wes finished by the Clerk, Mr. Silas M. Bur- roughe, the conceded leading free soiler in the House, sprang upon his feet, and moved that Mr. I's resolatious should be committed toa select Commitee, to rey rt upon, of which, according to usage, he (Mr B.) would be chairman. r. Be- nedict, trom Oneida, a moderate whig, and respect- ed for his white neck cloth and venerable appea cs ed an amendment, that the resolutions to the Committee on Pri ut by (he net OD. apd 1 for pared, aud hovld be Mies letter and epirit of that tuetrament, and th: rurtalo this lew, amd Loe execution of the sa lawiul meaner the Senate concur) That the farther Resolved, / ul etlon of the slave question would, in the opinion of he beeple of this State, be dangerous to the existence othe Union Wiven these resolutions come up for discussion, then the whole anti slavery war will be renewed, «rd the contest wax warm on all sides. The whige, having the responsibility in both houses, y if they can shape any resolution yn those questions which will not ly distract them WwW. IZURE OF THR SteamMnoaT Gronata, at Nor+ yoru that the steamer Georgia, Capt. The Teyle ef the Day—A Letter of Chan- ecllor Walworth, The following correspondence, between the Union Safety Committee and Chancellor Wal- worth, is published :— New Your, Nov. 27, 1850. behalf of one of the most numerous Dear Sir—On mb of citixens ever convened in this city, we ave now the honor of sbdesering yen. The object of our appointment is, to revive irit in rise the Union d the constitu storeet, jad. attempt to alienate it im the roster to-enfocble the sacred the various Wy scoomplishment of desirable out and give publicity to the sentime: ol rey from their character and posi- rould be ii iblie affairs, pete a ve counse! ox jational fee! 1. . ings ) should be pleased to hear from you. have the honor to be, with high eonsideration, your obedient servants, Gxoxce Woon, Minn Kercuum, Gro, B. Burin Jas. T. Baar, @xonce Dovaiass, A.G. Benson, L. B, Cuase. To the Hon. Revesx H. Warwontn, MR. WALWORTH’S LETTER. rRinas, Dec. 30, 1860. Gentixmex—Owing to my absence at tho West, for the last two months, I did not receive your favor of the 27th of November, transmitting the resolutions adopted Wy the citizens of New York at the great Union meeting at Castle Garden, until my return home « few daysrince. My sentiments upon the subject of the sectional agitations, which for a time actually en- dangered the integrity of the Union, sre so well known, thet Bt a bapely peseenn be me 4 Loa 7 iad Sere 9 eof the resolutions adopted by the meet- fag cttke, fends of the Union, alluded to in your communi ‘The spirit exhibited at that mesti defying the of freedom throughout happy Union is still to be preserved; as wellas have the ofect of #tilling the troubled waters of fraternal discord at home. It is well known to the distinguished individual now at the head of the general government, who has long been my personal, thor not my political friend, that, immediately a! result of the last Presi- dential election was I urged upon some of the leading members of both political parties, in this State and elsewhere, the propriety and expediency of having the exciting questions which were then agi tating the Union put at rest during the thon next seesion of thirtieth congress, by, some ft compromise which should provide for of the disputed Texan boundary, and for the organization ofthe territories without the Wilmot provieo, which was known to be #0 extremely odious and offensive to our brethren of the Scuth. And during the last session of the present Congress [ had the honor to be consulted, by several of those members of the Senate, who are s0 justiy entitled to the lasting gratitude of every true friend of the ooun- to the measures of compromise which ought to | dopted, and which were finally agreed upom. I therefore say, without hesitation that, as © whole, ¥ do | most heartily approve of all the compromise laws passed at the last session of Congress, as parts of one great plan of pacification and mutual coucestion; though in some of their details I would prefer to have bad a few slight mogifications, which would not have | affected those laws in substance. But those moditi- cations I do not deem of sufficient importance to jus- | tify the opening of any of the subjects of controversy by any attempt to amend. So far, then, wy my influ. | ence as @ private citizen extends. I shail do what I | in to diecourage and prevent further agitation of the subjects of compromite; or any evasion of, or resis tance (0, the due execution of those laws according to thelr true spirit intent. [ not be im proper here to say, ave al class of politicians who believ ly and distinctly delegated to th or to Congress, by the constitu Peat J to the Btates, belong exclusively to the ‘tates or to the people. And wh he case of Jack va Martin was before the court of which I wastheus member, I expressed & doubt as to the suthority of Congress to legislate upon the subject of fugitive slaves. Since that time, however, the constitutional right of Congress to provide by law for carrying into tfleet the claure of the constitution on that subject has been fully established by the Supreme Court ef the United States, in a case which brought that ques- | tion dire ay before that tribunal for decision; and powers not cle: neral government, and which are no! on the subject; or with the constitutional right of the pee on to reclaim bis fugitive slave wherever he should 16 fou Toere is no constitutional question arising under the recent act of Congress relative to fugitive | slaves, which did not also arise under the act of February, 1793; which law the Supreme Court of the United States deelared to be constitutional and valid. No good citizen, therefore. will consider him- self sutherized to resist or evade the execution of a law thus constitutionally passed; andno member of a State Legislature, who hes taken the oath to support the constitution of the United states, asall are required to do, can, without incurriug the moral guilt of per- jury, vote for any law which he knows or believes to bo conflict with t! visions of that constitution re- or in comflict with the lawson mally passed by Congress, And and no principle to be fouad in the lier code of Hi which either re- rol to swear he will sup; the United States, when at time he utters that solemn vow in the ear of the Omniscient, he hae no inteation of performing it. 1 aw no friend cf slavery. Onthe contrary, | have frequently expressed the opinion that the existonce of tlavery among us is a social as well as # political evil, entailed upon us by the cupidity and wrong of the against wishes and the remon- ‘people of the colonies evil which the philanthropist and the the South, frequently finds it impossible mediately, without producing other evils be etill greater. wery exists, therefore, should be ancipation—the only prac- ig slavery where it exists to without producing greater te the slaves themselves. if late pation would be pro- ductive of nothing but uni jod good, still the right to reol m thelr fugitives frem eervice is one which in fecured to Our Southern brethren by that constitution which bas been the caure, under the protection of Heaven, of innumerable blessings to hed py od of the North, as well as to those of the West and South No good citizen, then, whose own civil and religions ileges are secured to him by the same instrument, and by our happy Union, which has already elevated us to the highest rank in the family of nations. wili low himself, either by force or fraud, to pullity the of the land, or to destroy the righ ecured to low citizens of the South by the constitution of by who loves the name. and reveres mory of the Father of His Country, * attempt te any portion of our country from the ier agitation, either in or out of Congre: iting questions now #0 happily settled by ot the last reasi t WALWORTH vg the United States mail, was taken m Satorday, by an officer of the mm the alleged und of taking on emall lot of tropical revenue, 1 howrd, in Hampton Roade, trove from the ship James Corner, of reerntly errived trom Madeira. The fruit chomed by the captain of the ship as his stores, and there wae no intention on Lat pd any of the perties coneerned to defraud the customs The Grorgia wee permitted to proceed, with the mail, 1 Baltimore, in the evening, upon the assurance the wgent of the Boy Lane y, that she -houle be fortheoming to meet the requisition of the yovernment—the eolleetor sending a custom: we ficer in oharge of her.—Daltimore ( Md.) jum, Jan. 15. R Messrs, George Wood and others, Committee, &c Court of Ge Before Judge Bebee and Jax. 16.—The Court opened at the usual young man by the name of Henry Hall Piece ef carsimere, valued st $42 the property of Herman Sbulting, No. 157 William street. The prison- aded guilty, and the court sentenced him to the State prison for two years. Finding a Pockethook, containing $50.- James Spaine ‘wae put op trial on sn indictment ch: him with bank bills, from James Bolen, in Washington market, {i ber last. Mr. Bolen was called to the stand, and tes- tifled that he knows the prieoner; the pocketbook in question did pot his name im it, but believes hie name was written on bills for goods purchased. OMm- cer Beam was eworn, who testided to makiag the ar- rest of the prisoner, and floding on bis person ihe Beas, and $60 identified by Bolen; also some ills of goods, bearing the name ot Bolen. The oMosr, on going tothe market and asked the prisoner about Ketbook; he denied all knowledge ot it and not til the next morning alter bis arrest, did he aoknow- having found the pocketbook. On the part of ee, the pri ner showed good ehara pe of the pris the jury by bis counsel The Judge jury, who retired, and atter au absence of half an hour, Brought in @ verdict of not guilty. Attempt at Infanticide —Blien Barry, a decent look- ing [rieh woman, about twenty years of age, was next Inced at the bar for trial, on ao. indietment charging er with attempting to destroy her pew born fofant ght the child into court with her. ° fore the moegirtrate. of Oath Feeney, was read. Bhe testified that on the morning of the 18th November last, she had heard the ery of an infant, and knowing it to be about the time of Ellen to Ve confined, believed it to be her ebild, she an tm, got ® light, and discovered the child inthe the yard, (Couneel for the defence here #4 the child thus found, to be the prisoner's} Dr. Charles Hl. Jackson testified that on the morning io question, between the hours of three ard four o clook he was called to attend the prisoner; he then aw the infant and likewire the prisoner, whom he ( another reom ; he asked her if she wee the m the child recently found; she raid rhe was not, the doctor asked ber if she had been delivered of (he after birth; rhe replied that she did net know anything sion, consented the doctor appli required on such 06 that the prisoner admitted te the child, and that the MoGlion prisoner, about it; she finsliy, on some pe’ to em examination, and necerrar Ofhoer bi remedies ogers testis of not guilty. day, ot 11 o'elook, | th | ment and forteitu | if | doew not atfret t 10R COURT. William Hepburn and Charles Wills, appellants, adém, William Linden ond John Fritz, reepondente—Ma. J. Oochrane, for the eppsllants; Mr. J. M. Knox, foc the respondents pro tanto; and there rest in the plaintiffe the the t of this lease might be, as the Jeeser ot the doubt that as between West and be regarded as « eub-! the original term. The right sas seen ie cena Stee enter for breso! wl be no reversion remaining im momen ve Seeman. 3 = one 168 ; 4 Bey ve. Pest, 0 a Comet 304.) The judgment for the viaiatids bathe demurrer, must be affirmed with costs. On ee med from the order Gentes the injunction, a ‘question arises. The complaiut. atter setting violations vei bepaareod and ett - laintiffs seek to recover, prays for a judgment jeiture of the term of that ‘is Eercndan be for that cause eooues red and heres cos be ut into possession, ° 4 rau injeacton te restrain the defendanta from mak: Ing alterations im the buil for reteiling liquors, and in the covenants im the lease. prayed, are the relief heretofere granted Of ejeotment brought tor the recovery of mises The injunction asked, is purely equitable re- ine chineery suk and in 6en- Met, Reretafore 8 formity to the principles of equity. The ejectment drought to effects re-emeny, tert breaches Gition ina lease, bas always been regarded in as a hard actiom—onme strictissimi juris; and the - lish ohazeery reports abound in cases in which courts of equity have been importuned to relieve te- nante agelnet (he furteitures claimed in such actions. A womaype 9 like that before us, would never have een relieves against eo man would to ask her for ot her most bemign remedies, while, in the breath. he demanded from her a rigorous forfeiture 0” Lis opponemt’s estate, in the subject of the beet ty Does the Vode ot Procedure make any change in reapect? Can @ plaintiff, under the Code, ask for equitable reliet. and, in the same sait, demand a fer- feiture? We dre clear that the code has not altered the rule. It has abelished the distinction between Jegai and equitable remedies; but it has not a legal and equieabte inherent «ifference be! relief, Uncer the Code, tl roper relief, whether legal or equitatie will be administered in the same form of proceeding. In tome cases, alternative relief may be prayed. and relief be granted, in one or the other form— in which cases an action at law was neces- sary before, to attain the one form, and a bill ia equit; to reach the other. A suit for specific performance one of that description But we think inoonsistent Telief can be no wore asked now than it could be under the cld system A vender cannot now exbibit a com- plsint. dvmanding payment of an instalment of pur- chase moury ip wrrear, and also @ forfeiture of the contract of tale. and restoration of the possession, even if the contract expressly provided for such pay- There can be no better ites tration of cur mreuing than this very case. The for- | feiture of (he term is a relief totally inconsistent with any equitable remedy. The lessor may pursue hie remedy fora re-eotry and possession; or he may pro ceed for an injuncticn and damages, leaving the tenant in pormssion. He has an undoubted option to do tither, Heeannot do both at once “He that seeks eyuity must do equity” is im which lies at the foundation of equily jurisprudence, and it is not at all afiected by avy change of remedies, We imagine that uch broader «fect bas been claimed for the abo- of the distinction between legal and equitable remedies, then was ever intended by the Legislature. ‘The Gret section of the Code shows what was intended by the word © remed: It is limited to actions and special procesdings, and the declared object of the preamble to the Code is simply,te abolish the distine- tion between legal and equitable actions. There is no ground {or supposing that there was any design to abolish the dietincuion between the modes of relief known to the law as legal and equitable, or to substi- tute the one for the other, im any case. Those medos of relief-the judgment or the decree—to which # party, opon @ certain a! of tacts, titled, were fixed by th dedauc- tion from ment by the Legislathre—o Code contains mo such enact: we do not perceive in it an: ference or deduction to tl the Code relative to inju question. for the writ heretofore used whick it may be No inference or countenant effect. Th jons, im our j It substitutes am not profess to create uew remedy, On the comtrary, it recognizes the injunction as an existing provisional remedy — provides the order in place of the writ, and regulates the mode of granting it, Ite cbarscter, as @ mode of equiteble relist, is mot at all altered or im- paired. Our conclusion is, that the plaintiffs had no right to an injunction while they demanded a forfeit- Ure of the lease, As the onse made by the complaint peng Narre g them to an injunction, if their relief had been limited to that remedy, together with damages, ‘we will permit the injunction to stand, on their stipu- lating net to take judgment fora forteiture, or delivery of portession of the premises; and they may emend their complaint so ae to ask for damages. Uniers they thus "mate the order for the injanotion must be re- versed, Court of Common Pleas, Ketore Hom. Judge Daly, ACTION AGAINST THE HARLEM RAILROAD COMPANY, FOR SEKIOUS INJUKY TO A BOY. Jan. 16 —John Grilegan, vs. The New York and Har- lem Reilroad Company is is an action to recover damages f Joes of nervioes of plaintiff's son, occa. sloned b: joent om the railroad of the by which th of the plaints as tried before. in Febru era verdict for the plainti. I a vidence of (be lad. John Gilligan, on the occasion. years of age. t of the Harlem * Sunda bien ti ppeared by t 10 was in, when be got on the eo ly two minutes on it when then picked witpess up, and carried him to the hospi- tal, where he remained two months; the car ran over withers above the ancle. and his leg was obliged to be out eff just below the knee, in a few hours after he got to the heep'tel; the man who cut witness with the whip did not ray ® word to him; witness was going to the Bunday eehool in Princertreet. Mr OW @ appeared for the defendants, and the liability of the company; that war proved. and that if the ver impossible to have ebe have avoided the ace’ The Judge in bie charge to the jury, clearly pointed out the law esto how ter the defendants were liable for the acts of their -ervant This action was it by the father in consequence of Injury done to child. and for the losses ocomsioned thereby The jury were mot to take into consider the sulforings of the boy, in their estimation o parent, should they come to t} evidence entities bim to the cars soon enough to owner would vot bot the ense ix front of the railway o negligence of the dei The Judge, having review ory it wat a matter ot fact on decide, oud it they enme to the eo Was negligence on the part of the driver, they should take ideration the value of the services of the of his support, from the time need up te such period as it eon- (inues and.a* the ivgal obligation on the parent to tupport the ehild wat the age of twenty-o May rrowver the vuiue of his services up to tl the divabflity centinues one amputation of che leg became necessary The injury is a very serious the boy is lame for | 4 probably, is anabli wny aid to | he i almost et jury uot have done so without very diMeult, however. to Jue of such # child is to such a had in evidence that ® boy of his age gets $2 8 week out of which he clothes himself, and, sino, that a boy of the same age gete $1258 yer. Alter some further remark the learned Jadge committed the caee to the jury a# essentially ® question of fact cunt for them. Sraled verdiot. Jax, 17. charged The jury could not agree, and were dis- ‘City Inte rae New Haver Rayikoao—Om ely reversed. but so erent was the apeed at Kat it could not be arrested till the cowoate! ruck hi Killed him. The remains were tal TO Make Mower reom Be t two or three days. fo bean me ut $3 per day by passing over tl ery trip. and Needering @ duller bill exch time Frem change be makes per cleared 1\¢ cent each time way of making « living. ver on Bracnwent’s Te, exploded and threw t ot thirty feet biding bim inetantiy, The wee mock ahatiored hy the eonenssion. Coroner! Was ealled tc bold an inquest om the bedy,