The New York Herald Newspaper, February 11, 1851, Page 1

“peer 64> v eee WHOLE NO. 6086. NEWS BY TELEGRAPH! THIRTY-FIRST CONGRESS, SECOND SESSION Benate. BY MORSE’S MAGNETIC TELEGRAPH, (OPFIOE, CORNER OF BEAVER AND HANOVER @TREETS, | Wasnincron, Feb. 10, 1851, + COMMUNICATIONS FROM THE DEPARTMENTS, ‘A communicati fas reosived from the Treasury ‘Department, with a statement of the contracts made and the expenditures of the Department—also, the ex! ‘Denditures of the Marine Hospitals, for the year 1850. ‘Lhe printing was erdered, SENAT FROY MAR ND. Mr. Prance presented the Sredentials of Mr. Pratt @enator elect from Maryland, for six years, from ‘Blarch 4th, next. cers mm PETITIONS. Mr. Sewanp presented petitions against the amend- ment of the patent 5 Mr. Mason presented a petition of the majority of the Legislature, and a petition of the majority of the Con- otitutional Convention of Virginia, ia favor of ths ‘proposed line of steamers to Africa. He said that h considered these petitions as expressing the opinion o th pers only, and not of their constituents. did mot consider them as instructions, and did not d that Congress had the power to appropriate money tor the deportation of free negroes. Mr. Barcut presented two petitions trom Indiana, in tavor of the line of steamers to Africa. Mr. Have premoies petitions from Massachusetts, one thourand signers, tcr the repeal of the Fugitive Slave law, Tabled. WRIGHTS AND MEASURES. A commurication came from the Treasury Depart: Tent. enclosing the report ot the Saperintendeat of ‘Weights and Measures. ‘ STFAMBOAT MACHINERY Mr. Bes. offered a resolution, woth was adopted, di- secting inquiry into the proprixty of making altera- tions in the machiorry of the steamer Alleghany, in par Ay test the merits of the submerged horizontal wheel. FLOUR FROM THE FacIriC. Mr, Gwin’s resolution was adopted, directing enquiry to the expedienvy of abolishis. all duty on flour im- ted from any port on the Pavitic into ports of the United States, Mexicax DRAFTS. Mr. Ucwren offered # reaviution, which was adopted, calling on the President to communicate all informa: tion from the Mexican minister relative to drafts by the Mexican government on the United States treasu- ry, under the contract made by thal government with J.D. Marks. and the wishes of the Mexican govern- inent in relation thereto. THE TARATION OF AMRKICAN CITIZENS BY NEW GRANADA, kre Mr. ‘RON Davis Offered & resolution, which was adopted, that the Presideot communicate the oorres- pondence ef the United S.ates Vonsul et Panama with the Beorctary of State and Postmaster General, rela- ‘Give to the imporition of taxes by New Grauada on ci- tizens of the United States when in fransitu across the Isthmus ; also as relates to the mail servioe of the United States on the Isthmus, THE FUGITIVE LAW Mr. Briceer introduced a bill expianatory of the act known as the Fugitive Slave law, of September, 1850. die explained the bill as merrly declaring that suits pending end righ‘s existing under the law of 1795, are ‘hot in apy way affected by the act of 1850. He said ‘that he had no intention to disturb the comprom: but would stand by them as long The bill was referred to the Judi y CONGR PSSIONAL KCOR DS The bill directing the distribution of books, called ‘the © Annals of , ordered om Baturday to be engrossed, was taken np. Mr. Dovur. ot lowa, moved t> re-commit the bill, ‘with instructions Atter debate, the motion was rejrcted, and the bill THE HOUR OF MEETING. Mr. Banoen offered & resolution, which was laid ‘Over, that the Zenate hereafter en o'clock. THH LATE MAJOR RINGGE Mr. Hace iatroduced a joint resolution, direeting 4 = ae Reareat male rela- ol Che presents tion of ‘ive of the late Ma, ‘The bil) from the House, maki supply deficiencies, was ments reported by the © reed to, One appropristion to — amend. my mn ted States by the Cherokee Im moved to add a proviso, that money id to any agent orattorney but in per: d agreed then ordered to be engrossed, and th: Wenate adjourned Rouse Mepresentatives, BY DAIN'S ELECTRO-CHEMICAL TELEGRAPH. Wasninerow, February 10, 1851, APPROPRIATION miLLS Mr. Barer, (dem) of Va, from the Committee of | ‘Ways and Means reported « bill making appropria- lows for certain fortifcaMons; also, « dill providing Cor earrying into ¢xroution the twelfth article of the Sreaty with Mexico; also, bill makingjappropriation: Jor the civil and diplomatic expenses of the go wneet for the year ending June 30, 1852 Mr. Baviy asked leave to introduce « resolution making all the appropriation bills, eight in number, che special order, and to be continued as such until dis- posed of. Mr Hovsrow (wbig) of Del, asked, if the resolution be adopted, whether any other business tLan the above could be ti up? The Brvanen replied, that # ee of other business —otherwi to make special orders. ‘The yeas ond nays were taken on the motion of Mr. Magly to euspend the rules, to enable him to effer hig werolution. The question was decided inthe negative— yeaa Ol, nays 92 The Houre then on the state of th lal orders take the it would be useless it into Committee of the Whole he bill to establish « guilty. | ‘vor ic it The cheirman called bim to order, on the ground chat, by the rules. he must oppose the amendm | Mr. Hoi ment, | opposed to it, snd yet with it to pase ) He bad Mm euch things on this floor himaelt * peech the other day oud voted on the opporite aide. Tle was compelled to vote for the Fugitive Slave bill. Wirhed to God he had net dene so, (Laughter) Proposition was Co exelud> irom the tribumal all < is for slaves, That he was opposed to this in ‘reality no body could doubt ; beeau ja bis opinion. chase wore the largert and most equitable class of claims on this government Jeuras was disagreed to— The adment of Mr ayer 10, noes 117 Aeveral other amendments were votedon Mr. Aten (free soll) of Mass. moved that no mem- ber of the present Congress shall be appointed to any wMeevereated by this ect. He had frequently teen in ibe newspapers, that @ «en or a brother of » tnto an intimation that memoers of Congress had fought oMee for themselves or relations; but yet. the executive, if his paternal care of members and their 4 for a large portic bers of The bill camilies, bas pr Yamilies on beth sides of the eae batore che committee contained some bigh prizes President may think that the prises shoul given to the x members of the family. but re- erred for the oldest. Hie feared that the executive, Of his heart might foros some of thoas y heed.” ton Give ase vote on that question won = 1 — ns, (whig arresos —L vote not entertained the pro- f that well Matteron, you have got out whole of the After various motior Comm he bill on the table, which w: ‘ive—yens 69; mays 100. ‘The House then adjourned Death of the Attorney Gene: Barry ©, Feb 10, 1851. George R. Richardson. the Attorney General of Ma- taum's Motel, this morm- —— E NEW YORK HER MORNING EDITION----TUESDAY, FEBRUARY 11, 18651. KEW YORK LEGISLATURE. Senate, BY MORSE’S MAGNETIC TELEGRAPH. Atnany, Feb, 10, 1861. PETITIONS PRESENTED, Of Luther Bradish, and other citizens of New York, for the incorporatien of a juvenile asylum; for an appro- priation to Madison University; for » change in the mode of taxation, and s division of lands in the city of ‘Troy. BILLS INTRODUCED, ‘To amend the charter of the Female Guardian So- ciety; to amend the act providing for sick and disabled s“amen— passed in 1831 THE ST. GEORGE'S BOCIRTY AND EMIGRATION. ‘The Committee on Commerce aud Navigation, re- ported advereely to the petition of the St Geerge’s 8o- ciety, that their President may be made, cx-o/ficio, Com- missioner of jon, PRESIDENT PRO TEM, Renator Coox was appointed President pro tem of the Senate during the present absence of the Lieute- nant Governor. NOTICES OF BILLA. Mr. Beexman re notice of a bill to incorporate the New York Juvenile Asylum. Mr Bcnoonmaken gave notice of a bill to provide for the election of a United States senator Mr. Cannour gp notice of a bill to provide for the election ot public printer by the people, and then to organize a State Printing offoe. A bill was noticed authorizing railroad corporations, in this State, to loan their credit to the construction Ps the T had Western railroad to Canada West. Ad- journed. Assembly, Aunany, Feb. 10, 1951, PETITIONS PRESENTED, 01 Henry L. Tobin, to appoint Horace Greeley Unitea States Senator, in place of D. 8. Dickinson; to incorpo- tate the New York Independent Freehold Association; to repeal or modify the Free School law; for the modifi- cotion of the excise laws; of two thousand inhabitants of Buffalo, that it shall not be lawful to sell intoxicat- ing liquors. Rerorrs, Against any division in Wayne county; from ama jority of the Judiciary Committee, a bill authorizing the eccommodation of savings’ institutions—(s mino- rity report was presented on the same subject)—the fame committee reported tavorably on the bill insor- porating accum plating and building associations. ary Committee, re- ported that the objects ef savings banks cannot be attained under a general law. TAXES IN. NEW YORK Mr. Vanvum, from the New York delegation, report- ed Dill regulating the assessment and collection of tuxes in the city of New York BROOKLYN SAVINGS BANK The ennual report of the Brooklyn Bavings Bank was tranemitted AUTHORITY OF THE NEW YORK COMMON COUNCIL. A bill was noticed to confer euthority on the Com- mon Council of New York, to compel the atteadance and testimony of witnesses under the same penalties With courts of law. NRW YORK AND THE UNION Mr. Granam introduced a series of resolatioas, ex- preening an opinion that New York has not wavered in her devotion to the Union. Laid on the table Mr. L. Hanuie offered ressiations, to the effect that it was not necessary tor New York to reaffirm her fidelity to the Union, and that it wan not wise for the House to waste its time in the discussion of this sub Adjourned. ject. Laid on the table. Acnany, Feb. 10, 1851. In the Senate, this morning, Mr. Schoonmaker gave notice that he would, to-morrow, introduce a bill desig- nating a day for another trial to elect a UB Senator. The Canal Board have rescinded the resolution di- recting the lengthening of the locks west of Syracuse. From Washington, BOUNTY LANDS—THE PUBLIC PRINTING. Wasninerow, Feb, 10, 1951 The Pension Office bas decided that where a aoldior wee engnged to serve six months, and actually served four, and then bired a substitute for the remainder both are entitled to bounty land according to the as- tual amount of rervice rendered. The contracts for printing for the next Congress were opened inst Saturday, Woe learn that Mr. Rives, of the Glote,i9 the succensful competitor tor the lary portion, at priceseven below those paid for printing sor the present Congress. Boyd Msuilton, of Philsdel- phia, was the lowest bidder for the remainder. A Defaulter Convicted. Bavanwan, Feb, 8, 1951 53 The jury in the case of George J. Bullock, charged with being a d er in the sum ot $100,000 to the Central Railroad Bank, bave rendered a verdict of » the Germantown Road, Priraverensa, Feb, 10, 1861, ‘The arch of a beer vault on the Germantown road fell in upon seven workmen this afternoon, while they were removing the supports bene Joha Rourke and Frederick Meyer were instantly killed; and three others were dug out, shockingly bruised, but, fortu- nately, with no boxes broken. Others were slightly burt. Fatal Accident Arrival at New cans. New Orrrans, Feb §, 1851, Ameng the errivalsin town to-day are Mr. Jamos Gordon Dennett and lady. Harner A report was made inthe Senate, by the Commis- sioners appointed by the Legislature, to investigate errtain grave charges against the Bank of Susquchan- which failed last spring ender very suspicie cumstances, Ordered to be printed. A communica. tion from the State Treaeurer, as to the amount of tax due by banks, on dividends paid during the last three jearn, was received, and ordered to be printed. Petitions upon the tariff bill were under considera. tiow in the Houre. Suleide of a Lady, Trov, February 10, 1951. A melancholy suicide occurred here yesterday after- noon, The wife of Henry Z. Hayner, one et our most ectable lawyers, was found hanging in the garret of her house, quite dead. She leaves five children. The cause of the act was temporary derange: From the South. Bartiscone, February 10, 1851. The latest moll due here from New Orleans, viz., Februszy 2d, hes beem received. From the papers brought by it, we oxtract the following ‘The amount of cotton received at New Orion to the let Instant, reached 678,000 bales, agal bales during the sume period last year. Judyo Sharkey has written a letter, declaring that two thirds of the people of Missi#rtpp! are now satisfied with the Compromise provided the Fugitive Blave law is fully enforced Captain Wileon, of the unfortunate steamboat Ame- thea, says that bis vere! broke in two betors he left it Orien os on the seangers for the & full comple of brought $160,000 tn specie Meteorological Observations, Feb, 10, ‘ Prick 20 wai. ‘RERT. loudy at noon, and the ther ometer Indicated 14 degrees were indieation# of a «tora “At meridian the weather was clegr and with thermometer at 16. New Haves.—At noon all was bright overhead, and the thermometer at 10. Brsvorront.— Clear, at 12 M.; thermometer, 8 8 tp.—Thermometer at 10, at noon, sky cleat , Me.—We were enveloped in clouds at which time the thermometer was 4 degrees below zero, Privavenrrra Portia t7 P.M. it was very fongy, anda Griveling rain was falling. The wind war 8b by E thermometer 61, and barometer 29 19. Battimone,—~Thermometer 63, at 7 P.M. The at morphere w y and looked like raia Wasninerow.—The weather was very cloudy at dusk. -_-_ Tur Late Davis 8 Kavrman.—A Washington correspondent of the Baltimore Putrtot, speakin of the sudden death of the Ion. David © Kauk “I believe he died not of a dis- ease of the heart, as has been stated, bat from a pistol ball wound which he received some eight or ten years ago, while he was Speaker of the lower House of the Texas Congress, in a rencontre with a member of theeame ve His friend, Commo- dore Moore, feels certain that that wound was the cause of Mr. Kaufman's sudden death, on Friday evening last. The ball entered the centre of the } A nm front, and, as i understand, was never found. man, say: Our Cuba Cerrespondence. Havana, February 8, 1851. Amusements—Dinner at the Cowntry Howse ‘The Wall Street Defatcation, Before Justice Lothrop. IN THE MATTER OF RAY TOMPKINS. Count Santovenia —Dominica, the rome kd ‘The examination in this matter was proceeded with this evening, pursuant toadjournment. There wes very full attemdance of Wall street brokers, as well as Style of the Banquet Opwnions of Socrety, &c. The season of festive mirth and amusements is still protracted here, and every day some novel and brilliant party or ball becomes the theme of con- versation in the elegant society of the capital. Last evening a magnificent dinner was given in honor of Signor Don Antonio X. de San Martin, the con- ductor of the Cronica newspaper published in New York, It was given at the beautiful country house of the Signor Conde de Santovenia. The invita- tions were issued several days before, and I annex a copy of one of them :—— La presen: eta ciudad del Dirsotor dela Gro- nica de Nueva York, 81, Dn; Antonio San Martin, ba eecitado 1 muchos de sus amigos a darle uns prue- ba dele alta considerscion y aprecio & que le hacen acreedor su talento y patrietismo, Y ha biendo dis- uesto cr se objeto un hanquete, han en cargado a jos KY suseriben de rogar V, ee sirva, concurrir el Demingo procsimo, 2 de Febrero, hora de les 4 de la tarde a venia case quimta del Esomo Sr, Conde do Sant» donde debera verificaree dicho obsequio, Ex Conpe pe Canonco, BaLvavon Sama, Jose A. pe Tricovex, Frascisco Disco, Be euglica contestacion. Ma, Bennett. About one hundred and thirty gentiemen sat down at this nfagniticient banquet, which was pre- pared by the culinary genius of Dominica, of the famous café here. Dominica is as much esteemed here for the results of his good taste, as Soyer, tue great cookof London. I have never seena more elegant and recherché aflair. The tables groaned with the weight of costly viands, and the wines were delicious, particularly the choice Tokey—eo rare, so genial, co inspiring! There was an oreutal Juxury about the whole entertainment, that one only expects to enjoy a few times in the course of a whole life. Even an invalid, 09 such an occa. sion, could not resist the happy iniluenves of the hovr, and feel that he had negotiated for a new lease of life, The intellectual part of the entertainment, also, was of a high order—as each guest appeared, as he should, a reasoning, intelligent being, using his mirthfulness and playfulness as mere edges to sound discrimination and elegance of address. The chief points noticed at this banquet were, the high favor With which the. present condition of Cuba is viewed, and the desire for an extension of the commercial relations between Spaia and the United States. This latier point cannot long remain neglected The position of our country in regard to Cuba and Spain, euggests the policy of a closer attachment between the two governments—and the future of Cuba, in connection with the United States, is ia- timately blended with the ae lg of our com. merce end of our treaties with Spaia. rica—English Doings on the Pacitic Coast. In addition tothe news which we yesterday publish. ed, from Central Amerios, we transiate the followlag from the Gareta del Salvedor, of the 20th of December last. It will be seem that so far from biockaling the covet of Central America, the English forces there are in faet ecgeged in actual war on those States, iu con- cert with « monarchioal faction in Guatemala. We published, in July last, an intercepted 1 from Pavon, Chatfield’s seeretary, to the servile ers, in which he tells them to push their operations inst San Salvador and Honduras, for the British tquadron will soon be on the coust to assist them, We have now an example of the manner ia which this as. tistance is rendered. A vessel anchorsin the port of Honduras, with which State England has no quarrel when the English commender forbids it from @ineharg- ing its cargo, because it will be prejudicial ic Behem interests,” and threatens @ blockade if be is not obey. ed. There proceedings are not only irregular, but out- rageous, and are calowated to keep up eternal coatu- sion in Central A The English assured that the people of the United indifferent to these proceedings, BLOCKADE OF 1K FORTS OF are not AN SAL A (From the Gaceta del Salvador, Dee. Oonmanpaxcy or La Usiox, Deo To the Minister of War of S ador :— Bin:—At six o clock ou the atternoon of the Jd inst, the Euglich eteamer of war Gorgon came to anchor in the bay of Chiquirip, and yesierday left egain for Acsjubla. To duy, arrived the lieutenant of the Champion, who is now here, He states that the com- manger of the blockading force has prohibited the metchant vessel Tysoa, xchored in the port of Tigre. from unloading eighteen tons of powder which it has on board, belonging to the Messrs, Tejada, of Grenada. Nicaragua Le bas also informed the commandant of the Tigre, that if he permits the smallest quantity of the powder to be sent ashore. or to go iato the iaterior, ot the porte of Ohismugo or Brea, he shall immediately blockade all the ports of Honduras on tae Guil of Youseca I have esteemed it my duty to give you information ot these procerdings, for the know lr ge of the gover. ment. (Signed) J, CACERES, Commandant. By the above note, and another which has come di reetly trom the port of ¢ of Honduras, we learu that Mr. English 4 te from ai tening ber is permitted. Tegular proceeding is for text “ phat th iw juaicial te n orts with biook: Thais moet. tniq uit ox unded ou the extravagant pre sury, ineemuch ag cur indigo ie ches: produced by Eeglisbmen im Indie. cotton, Mr Englieh traders. city! What infamy t aod revenge which sat Aad who ro h animates dere ot the military oligarchy of ( vatem field be the life of thie miserable fection whicb, heving destroyed the republic, would scaiter it the wivds, thet it might build up « dict outepporition The government of G sent out ite vessels ot war fo protect the in’ subjects; has confided them for thie purpose to her consul; but so far trom vsing them to effet this legiti- mate object, Lbir men makes use of them to ratisfy the revenge of a faction aud to weeken and separate the | States of thie depressed country, now looking to union es theic only hope ¢feaivation. It is the melan- ehely truth that this f has induced this officer to bloekace our ports, obstructing our industry. and de- | stroying Our revenues, in order that it can, with some | prorpeet of success, invade our territories. and erurh the regenerating epirit of nationality. The pretexts for this blockade urdly frivolons; they deceive ho one—the true cause lire deeper. But it, as Chat. | field telia vs, there att dered by bis government, then mised iteeif before wil civilized fentations felee and malicious on the part of its ofi- cere “Weehell never yirld; we have enflered long, and Our powers of endurance must have been iufiuite to have sutteined us up to this time. | and we shall concede nothing. Britieh coverD ment will reprimand ite ag comes to understand the true state to learn that he is less s represeatm of « palt it We believe that the when it eel v tet land look on, compromised as itis by her offers A corresponde lows, upon the of the same paper writes aa fel. me rubject — tise that the blockading officer in President bg to let the on its merits, But its oud does not know tl ptoundl; te t ‘live merict been their course in it to know who it is that hi of Central eariver’ Chatfi og Da! the same ey The powder in ciple involved of Mttle @ worthy of sources in our ro! oe, bat thi tention. ‘Thank we have abunda oes for jor es strong as the B etter. cheaper 0 han is We hope the government of Bum Salvador wiil pronibit tion of Fnglish wollen lish rede een te Rett SS he ata the better. I think that at any rate not be the lovers, mR TER, | The thira | There were a nom der there o) Our cause is just, | o'¢ of other citizens, which, with the heat of the stoveand the change in the weather, made the room uncomforta- ble, to say the least. John « . Westervelt, examined for the prosecution, by Mr. ¥. B. Cutting.—Ie physician, and resides on Staten Island; is acquainted with Ray Tompkins; he is witmers’s brother-in-law; I received from said Sony. Kins after the 29th January, to wit on the 30th, $9, bank bills, and my own uote in his favor for $750, certificate of 100 shares of Ocean Bank Lg which wae my own steck and 25 shares of Seventh Ward Bank stock, alse my own; that is all I received; the value of the Ocean Bank stosk, at par, was $5 believe it was ere. at the time, six or sev cent ; the value of the Seventh esch share; it was about ceived them from Solomon k ip, and Nastau streets, in the bar room ofa house at the northeast corner; it was about one o'clock in the day; met Kip in Wall anand none the corner of Broad street; he asked me to walk with him up the strevt; I went to thie house with i don’t remember whst was said on our way; when we got to the house he told me there was something wrong, and he then ha: y name endorsed on the i desired him te give the package to here were nine $1,000 bills; one or more of them was of the Manhattan Bank; they may be all of the Manhattan Bank; will not swear wh: they were ot, except nhattan; the $260 was of the Mer- r the $250 [ put into my poek- et; ock 1 also put into my pocket; I lent them to him the Thursday or on Friday previous to his failure; there was a blank power of attorney to transfer. The promissory note was dated 18th January, payable n’ y days after dnte, tor which he gave me the money on the 15th uary; I think I owed jum the mon-y at the time; cannottell why he sent the note back. Iie owed me $10.000, and I owed him $750; I cannot say why he sent the note back. fe owed me the $10,000 since last; I bad his bond; it would be due next May; it was for money lent; | never preesed him for money: I don't know of any other money or stocks transterra to any one else; after I went bome I endorsed the re- ceipt of the mouey on the bond; I supposed itwan rent to mein nt, Inasmuch as I endorsed the pay- nd. I did not think it necessary to re- till im my possession. Cross examined.--The covsideration for the bond ar money loaned by me, to him; tbe return of the money and stocks left us in the same situation in which we were before the money was loaned. Gilbert. examined — Is of the firm of Gilbert & Jobn- ton; x the 29th January last. I called at Tompkin's cfiice for 160i+baree of Erie Railroad stock, and 100 of Reading stock; wont there at three; did not fod him there; bis clerk,er ¢ome young man in the office, banded mb two cheeks, wot certified; took them to the Merchants’ Exchange bank, asked the cashier were there any funds; he said not, and I had them protested Croes examined.—--Does not know much about the etock tremesctions of the heure, it is notin my de- partment. Ou the 24th he paid me a certified check ot $14,000, or $id COVior stock of Farmers” Loan and Trpst Company. ‘iam Oketl examined —Witness’s office is at 27 Wall street; Ray Tomphine’ was om the same floor; witness occupied the front, and he eccupied the back recm, dees pot know what time Howlaud, the clerk, came spe morning of the 20ch January; it was at least bi bour later than usual; received that morning $4 1) eceived four ons thousand dollar bank bills and one bundred dollar bill; the tour thou- tand dollar bills Were of the Merchants’ Exchange Bank; received them about one o'clock; does not know of bis having drawn checks on the bank for that amount; Leslird on him the day previous. and said [ wanted the money; | cannot say why he did not give me a certified check except that I told him I wanted the billie; did not know be was leaving the street until be left; abeut two o'clock my partner mrt him; al- though I saw him leave with » bank beok im bis hand, yet L thought he might return. but ip about three minutes atter [ heard he had left the street; Solomon Kip wes there trom twelve until three o'clock, or & lide giter, secording to my best recoliectio row Tompkios that oicbe. at wy Louse, in Lamertive place; I was in bed at the time; J got up. cams down, and saw Tompkins aud Solomon Kip; he had no direct business with me that night, por indirect basinesr, ex- cept it was # visit and to kuow the reports ot the street; the viait lasted about reven minutes; Tomp- Kins lete first; Kip wud I remained at my door; Tomp hing ra into bis houre, struck « light, and ta two or three minutes Kip and I followed, we remained back to give him an opportunity of opening the door; after we gotin we remained halt oe bear; I bad no busi- ness there: Kip and I came out together, next morn- ing, L saw Kip and Tompkins at Kips house; Tompkins avd L waiked down there; I went to see what money Kip wanted; I received $7,100 in & package; it was given to me by Kip; it was in his p. ” ¥ben | went into bis room that morning; it laid in Grawer, i '# bedroom; Tompkios told me that Kip nid I had better take it; Kip assented by nedding bis heed; Kip cook it out of the drawer, and laid icon the top ¢t the bureau; Tompkins then tepped up, and took it in bis baud. and gave it to me; nothing turther wid by either Tompkins or Kip [The the package was here produced it was « paper, folde: Su envelope, open There wa Ubat they were to be deponi ¢ cf deporit eent to Thom of Aubuci yainat two notes which he hed to Tompkine| There were of the Greenwich ere no other perso e but myeelf, Kip I did not ark any ques! or given; [ Moe, put it into'an , from Aubarn, who know that Williams ome down, bot thinks he was; Orning Of the dist he oaw Tesac of Tompkins; I handed orniug, T gave him mo written notes; does not know when fter it was culy two days before he got the bills that be lett this city for Albiny; had ‘earon for Dot lodging the vy reeeiving to William Okeli & Oo. ce Rage ct $500 Kip said mothi that Rip said t (the witn Wit. kage in which the $500 was; 1 did not u ua bufry,coming down town Leame to the office, | gave it to my partuer. ‘tthink he raid anything else at the time id my I brought fi wa Kage contained $2.50) 57 ut up imen envelope, Has not the exn- pe. There was some writing on it. Does not know se handwriting it was. It was instractio Giepore of the money, There was $560 to b LB. Lent, of Philadelphia, $758 to Augustus Hunt, sho was then in this city, and $700 to be rent to —— Kester, cf Philadelphia Saw my partcer opea the packoge with $00. Thinks there was a slip inl. Does pet knew what was written on the ritpe of paper, Lad no curiosity about it. | am unable to rey whether there were any other ie ages in the drawer exoept the three I teesived. On the same afternoca 1 waret Charies @ Saw Bolomon there. t I did not know Crest-examined —Have koown Tomp\ias for eight Jeate; Cur housee are three doors apart; Mr. Kip’s house ts two blocks trom our house; [ pass hia houre every morning, commmg down town, and stop in there; 1 do bis basiness dow wn. I josned Tompkins It was in city m O om the :0th; he paid me #4100 abou! ome ook that day; I called om him for it; it was for mow y Icaned Timphine wes in the habit of comt to my house every night before the house closed; told bim that it waa reported dow that be was s dvteulter, and bad run away, and that there was an efiicer in his house waiting jor him. Tompkins said he would goin t in pocerdingly; 1 went with bi found the officer in bed asleep Tompkine seid be would wake him up and bring bim a bro the officer coming out of Tompkins 4 9 o'clock; I waited and d his wife; Kip eaid they ng with Tompkins rif there Prom mee that night I don't think he oMertin his houre untill toid him Solomon Kip for the last four r jetained on the the train ou the Hud- eaw it wae Fol bad been out to endthat they b Tompkins knew Un otit. I or five merping referred to, by son River Retiroad Jemes Tt o miss! examined—Ie clerk with FW. Clark, Dodge & Co ; Tompking cold un # draft on that day (the 20th January) between twelve and on o'eeck ; amount wan $2,500, payable at one day tight. without rick; it wae drawn on Peter Caggar, at the time he, afd it wes drawn for s ios ndied shares of Canton stock, I gave him a on the Dank of New Yerk bt i ar a, Tompkins bout the purchase od— On the 20th Jan. our firm re ceived from Tempking @ ohtok for $000; it was re ing home that evening | bim to give it to Mr. Howe; | on a> one of the partners; I to bin upon giving t check. — Cross-examined.—I have no al wledge shat ncoias Pesaran te hie ope , but it is usual to heard that it athet de was paid before the meeting y the crogs.exeminaion of this witness was fin- ished, the further jon was Tuesday, the 18th inst. sistas Police Ini 5 THE ALLEGED CHARGE OF EMBEZZLEMENT AGAINST FREDERICK D. ROBINSON, THE WALL ST. BROKER. Botore Justice Mountiort. Afew oxi since @ com; it_was made before Jus- tice Mou , by Col. eeeeil Jarvis, residing at No, ae arice D, Hobineon, Blleged ch — name os le. . Rol an c of embers: some $2,000, trowa bisa obtained inthe transaction of stock ‘operations. Mr. Jarvis sets forth in bis affidavit, that on the 24th of A and at divers times, hefembezzledfjand traudulently’converted tohis Own ure, certain debt, sums of money and 6 moun! to about $2,000, the property of a yours lady for whom Mr. Jarvis was acting as agent. Mr. Robinson denies the end asserts that he can show conelusively, to fatisrtotiow of the magis trate, that no fraud or embezzlement has been perpe- trated; and requested a hearii 3 in order to show his detence and give the explanation. Yesterday after- noon the investigation comm and we give the evidence of Col. Jarvis, on his cross-examination, elicited from questions asked by General Sandford, the \ounsel for Mr, Robinson :— ‘TESTIMONY. Russell Jarvis being sworn on the cross-examination, saye-—I have resided at No 663 Broadway since 1845; L am the leading editor of the Philadelphia Ledger; I am not proprietor of that paper; I have known Frederick D. Robinson since the summer or 1849; he came to board at the house where I reside; my firet transaction in stocks with Robinson was some time in October or November, 1849; on January 19th, 1850, there were some transactions in Hariem and Far- mers’ Trust stocks; after that they were changed to Reading Railroad stcoks; there were three iots of Beading. about 15¢ shares, which grew out of the trans- action in Harlem and Farmers’ Loan; I ghave an a count dated February 6th, 1850, and { find by that, [ was short 150 shares of Reading Kailroad stock; Mr. Robinson informed me that the 150 ehares of Reading Was told On my account; be told me several times the seme thing; I bad uot piven ‘im orders to make such tales of Reading stock; | was short, I think, 100 or 160 shares in Barlem or some other stock, and Mr. Robin- ton informed me he bad changed it to Reading; but whether that change amounted to the whole 150 shares, or whether @ portion of it was rold afterwards, I do not exectly recollect; but on February 27th, 1650, Mr. Kobinton intormed me that I was short of 160 shares ot Reading stock, and that is all the stick I was hort, of any any kind which I bad then sold, aud was boundto deliver;these stocks were sold deliverable some time head; they may have been deliverable at 30 or 6 daye; my impreesion is st 30 days; Mr. Robinson intormed me that 100 shares were sold at 317; per cent, and 60 shares at 32; I did not furnish Mr. Robinson any of this stock todeliver; but I furnished Robinson with $250 im cash, and 60 shares of the Merchants’ Ex- change Company, as @ deposit; I think tne cash Dept was made on the 27th February, 1550; the chante’ Exchange bad been deporited previous, during the preceding month; the cash payment was in a Grart at sight om Phiiadelphia, upon the proprietors of the Philadelphia Ledger; that 60 shares of Merchants’ Exchange was not transferred, to my knowledge, to Tracy & Aleott, to svoure a purchase of Long Inland Railroad stock; I gave no such orders conceruing that lot of Merchants’ Exchange, but Mr. Robinson inform: ed me that that lot was pledged with Genin X Lock- wood as Ped of the deposit tor the sale of the 150 shares of Readip, Q —What was the other part of that deposit ’ A. The $250 already mentioned, asI was informed by Mr. Robinson, I urver saw Jenin & Lockwood r fproting that tri jon betore it was closed, ae L w: injormed by Me, Robinsom, that is to say. beiore t! ope bundred and fifty shares of Reading were bought in and delivered, as Mr. Robinson intormed me; 1 ever y- taw! Jenin & Lockwood at all, to my knowledge. uot | knowing them by sight, until about three week: ago, for Il reled imphicitiy om Mr. Rodinso em about three weeks ago. I saw Mr. Lockwood for t fret time, to enquire of him sbout this transaction of ke of him if it were @ real that he could no ie Mr, Kobin fon, a day or two afterwards, | saw Mr. Lockwood ayain. ond was informd by bim that Mr. Robinson had forbidden him giving any intormation on the subj-st. y money to Reading A — The loss on that Reading was about six hundred dollars, according to Mr Mobinson's statement, the $250 puid partof it, and I paid him $100 on the 221 of | April either in cash or by draft on Philadelphia, leaving & balance on said 2éd of April, of $24» #4, for «Mr. Robinson informed me that the { Merebants’ Exebat , kod L wished; . pledgwe or pledges et that +d it to be redeemed, and he replied, it might lie as since deliver tome twenty but wh: ther said twent: of & lot of fifty shares o ce delivered to him as « deposit for the ired shares of Lovg Island stook, I ice — When did Mr. Robinson deliver to you the ot Mercbante’ Exchange stock, just S51, bat the certificate at it the net proceeds of wh and contessed that he had used it urposes a 0 you me Robinson made use of t A.— Tam not positive but the idea conveye: the first of te under oath, that Mr. stitution word restitution, was that thi mi i he owed occasion that he Did h brought there four hu of Readivg by your direo- Hien, and them by your direotion an de het be contessed that he *n ela p 1 7 had used the proceeds ter ‘ave not said that he «aid this on that occasion, ert of it, concerning the ale, his own purpo pli of the four bu! ray all on previous oceasioi on this occasion, th M dime t bad you previously made, f bat he ow ny be ~ Previously to this r, Kobinson j ue the net proce of Juudom & Stebbing, t the raid jowr handred shares, charted chore to retal 8 debt of which Kobi net recollect which; and yee at their doing ad jort a good deal of and were probably to \d therefore Wished to get held of ali they could, or words to that at the seme time Kobinson presented to me ee of Lhe old ao. m or $290 Leng isl already mentioned — and one or two ot! eiresi items and crediting me with the proceeds ~y os weds as an offret tow him, or them, I do ing my sur- that they ‘in stooks, = by the ebarges in said account, of Merchants’ Exchange stock, which socount withed to keep to make out im due form, and said he would deliver it to meon the next day, bat before I returned it, I copied bis account of the sales of the Reading, and #0 far ae I recollect, the figures of the whole account, and the cash belance due that account, so faras I remember, was about $250, though I bave retained only, ro far as | recollect, thet portion of it stating the sales of the Reading. Q.—In the year 1860 and some time im the mon’ of April, did Mr. Robineon purchase for you 100 shar of Long Island steck, and did you furnish him any funds to pay for it ' AI Pav plehed him with 60 shares of the Mer. chante’ Exchange stock, as ® deposit for such putchase; and he afterwards gave me & memorandum, dated Apiil 4. 1860, etating that he bad purchased 50 theres of Log Island for me; and atterwards another memorandum, dated April 30, 1560, saying he had par- 0 mere ehares of Long Island for me; and js informed me that thie stock wae pledged, which | understood the farnished by ad also aso ed ad- on hand 100 shares of Mer- ding to Mr. Robinson's - the price of the first lot was per twas 1534 por cent fall of 1950, atter you account of the Read- x worth in atoc’ d May, 1850 w the market in the mont! A—Asl neither bow know; but Mr. Re (imen & the that it could not be nor bought for less than fifteen per It being now after 7 o'clock, the curred in the |. On Sunday wight, be Becon: tween Denied P, Connor, Jobn lynch, Alexander | induced to vote for 6 Mr. Robinson | and {itty shares of | McOole, Mike Duffy and John Huested, and, uel the disturbanee, ofloer D. sotthe Becona yard interfered to quiet the porties, tobe was to doso in the discharge of his duty; [= in pony ery ‘above named pessoas fell on tl Beprocured” Justice Lothyop bela th P 5 e ry o ties to bail to answer the charge. = Charge of Buying Stolen Property.—Yesterday morn- ing, othcere Rend and Shadbolt made a descent into the basement No. 135 Wash! street, and there recovered several articles of stolen pro; , alleged to have been purchased by John Fi , the owner of the premises. were recovered to Andrew Hall, tailor, of No. 84 Vesey street; also. new trunk ‘to the stere corner of Fulton otreet and Sreaeuass @ black leather trunk and « silver watch, two articles found on the premises—ap- At the office of the Chief of Poli Farrell wes taken into custody, and committed on the charge of buying stolen prope: Blank Ballots, Should they be Counted t TO THK EDITOR OF THE HERALD. Whether the weight of precedent, 4 full exami- pation, would seem to faver a negative or an affirma- tive answer to this question, there surely can be no difficulty in arriving at a correct deoision, if the mat- ter be considered in a plain cOmmon pense point of view. Let us take the case of Gen. James, the newly elected Senator from Rnode Island, whose elevation to that office has elicited the astute objections of Gov. Soregee. By the constitution of the United States je State of Rhode Island is entitled to two Senators to represent its sovereignty in the Senate of the Uni- ted States. The State of Rhode Island has, by ite constitution, directed that those Senators should be chosen by its general assembly in joint meeting; those candidates receiving @ majority of all the votes given, being considered elected. In the instance under con- rideration, it is contended that 101 votes were given, end chat, ipasmuch as Gon. James received but fifty, he did not reeeive a majority of all given, and, there- fere, is not elected. Now, to test the validity of this objection, it is only necessary to examine the charac- ter of the 101 votes, or ballots, purporting to be votes; and we shall see whether the Senator elect has, ao- cording to the spirit and intent of the constitution, received a majority. Gen, James receives fifty votes. Several other candidates, whom it is unnesessary for our present purpore to name, receive 49 votes, and two blank ballots, or votes, are throw he question then turns upon this polut:—what, if anything, de there blank ballots mean’ or do they mean nothing ® It they mean nothing then they are nothing, they are not yotes; there are but ninety-nine votes thrown; and fifty, thrgmumber received by Gon. James. is @ mojority, Suppose. however, they mean something, what is that something’? Mr. A. aod Mr B. vote blank. who do they vote for’ Of course they vote for noone. They vote that that no one shall represent the State of Rhove Island in the Senate of the United States, or in short, that she ehall be unrepresented, But are they competent to do this’? A member of the Legislature, ae euch, is but ® creature of limited and prescribed powers ; and, when he oversteps thi powers. bis acts wholly null aad void = In voti: that the State shall go unrepresented im the nation Renate, be votes to alter or annul the constitution ; but this can only be done by a convention elected & peculiar manner. for that express purpose, by the whole people. A member of the Lesisiature has no more right to attempt such a ting, than he has te exereine the functions of a judge. a district attorney, or # sheriff; mo more right than any private citix has to come into the hall of the assembly and exer- cise the right of a member. His action is void, bis vote is void, he vot ‘it in voting blank, he votes at upen & subject which is not cannot be brought before the house. He might es well inscribe upoo bis ballot, * I vote that Khode Irland be govera- ¢0 by a Kin, snd Parliament,” as to vote to disfran- chise her in be balls of mational legislation, does it his blank ballot is interpreted to mi only thing it possibly cam mean. Take eith the dilemma then, ang Gon. James, or any other caa- imilar circumstances, would bs daly elected, ball © nothing. it is mothing—it it thing, it means something by |, UDR. and extra official, and hence it is voll «: meADA i stitutions TO TRE EDITOR OF THE HERAL! ‘There are one or - y terda: hich The article pub- Las! he Providence Journal upon Kk hallows.” n of Gov, Knight, not Gov, Sprague. you of Gen. James te Gov. 8, you would have “ bit the nail on the hea for it was by his influ that feurteen whigs wees 6 top whirs, wot “quite converted, threw ka. ‘There crn be no question but what Gea. Jam thorough whig. In his letter shown to the pamed sixteen whigs, aud t ten or twelve years ares of | magistrate ad journed any further prooredings until half past 3 o'clock on Wednenday. Violent Assavit, on on Officer —A diaturbance o0- ward ho are most intimat wonder at any on | Our Legistature apd will be « fortnight longer, fo that y “mistaxe’ in Geclaring Gea. J. the 8: t. it is in their power to correct it Upon the subject alluded to that of Goy. Knight ts considered the best aw Stare. A “SOLD DEM Proviwence, Feb. 8, 1851 ‘Theatricais. Roweny Tuearny.—The splendid cle entitled the © Wizard ot the Wave,” will be pre sented again to-night It is witneased every night of its production with the most enthusiastic che-riag tical specie ‘The ecenery i excvllent and the acting i good. Me J Kt, Seott, whe has gained for himerif & character fur great dratatic celebrity, will appear im his inimi- table persouation of Charles Fauikuer, Tilton ae Don Jose, Stevens as Tom Tack, Miss Wemyss as Dowpa Isabine, and Mra, Jorden asold Nanny. The evtertainments will conclude with the romantic drama of “Gil Blas, or the Boy of Santillane"—Mise 8. Denin as Gil Blas, and Mr. Stevens as Capt Ro- lando. This is a fine Dill; andas the adminion tothe boxes ts only twenty-five cents we should uot be sure prised if every department were crammed. Buoapway Tuxatne—This being prodably the last week of the megn ficent romantic rpectacis of’ Faas ks drawn im- as yet seen it without exeeption, vay, wills parciowlarly tm thi Hyott, Conws Med. Penisl. ‘The carnival scene alone is worth the price of admirsion. The amusements will terminate with the new farce entitled “Betavy Baker” Bunron’s Taratae —As usual, this famous end Pr ¢perous dramatic temple is nightly visited by hua- reds of the mort respectable aud fashionsbie citi- ens, who, from the time they enter the theatre untih the time of leaving, seem to be in perfect ecstacy, cavred, no doubt, by the inimitable acting of Burton's tnoomparadle corps dromariyue. To might, the perform- ances widl commence with (he fav old comedy of‘ she Would and She Would Not,” in which Messrs. Bur- ton, Lester, Jordan, Johnaton, Skerrett, Mra Russell and Mrw Skerrett, will appear. Mise Wa Frederic will dance a pas de deux, aad the orchestra will play geme from tb «ras «The amasem wilt Terminate with the new ye of * Betsey Bak Burton, Jordan, Mies Werton and Mrs, Bkerrett im the prineipal characterr Narre a. Tavarae.—The inimitadle Y: character, which are gi 4 comedian, Mr. G. E M might ences will commence Aladdi succeeded Fill _be fello oaderful Lamp ‘ic dauce by Me Thempron, anf d by the “ Freedom Bait,” ia which Mr. hie great character of Cyras Will next dance # favorite Me Locke will deliver the given by hi he amureim entitled or the GF Looke will appear in ivi the Yankee. Mice temows Fourth the Boston Pi conclude with t bos, which is nightly wi with cheers. Baovenam’s Lyceum ening ls set apart at thie highly saccessful and tashioaable resort, for the benefit of Mise Mary Taylor. The public will not be slow ‘im recognizing the claims of thie meritoriour yeung lady, whose brilliant talents ba: ever thone mere retulgently than since the opening of the Ly- ccum. Last wight they bad « brace of triumphs in {he new mythological plece of “Ths World's Fair, or Oe- Jombia in the Clouds,’ and the glorious farce of Betsey Baker, In the former, (here is not a tulycot of interest passiog at the time which is not w! y com. | mented on, from the gas monopoly to the disappear anes ot the signe Mary Tayior, as Columbia, gave af ® most eplendid and amusing transoript of the gaar- dian of this Drought Hloqueut, This piece m extremely popular. In“ Betse ‘4 Mrs. Brougham kept the audi- - etill commands bighiy re ating of great artistie | ible to get 1d eonte here after net a> auite 00 jy, though w “No more tick vening ded up to keep quiet the crowd and h ‘oth girl is creat “ Sempetress r p of Fras | together with their matchless acrobati . ertainment to com eh | tomine of “ Jack Robinson and bis Monkey.” j _ | The Passage of the Africa, TO THR Fprtek OF THE WRERALD. In your paper of the 4th inst. you stated that the teamed ip Africa bad arrived at Liverpool en 12th, after a pasaage of eleven days 1 hat the Atrica did caer Sirsicaets three P_M , om the let of Januery, coum @ the tide, Therefore, if ane arrived at Liver- peolon 8 ‘noon, the 12th, it would make her « pacenge of ten ‘tage twanty hours and @ half,end net eleven Gaye, as belore stated. Ww.