The New York Herald Newspaper, February 21, 1851, Page 1

THE NEW YORK HERA LD. ——= = rer SS WHOLE NO. 6096. + (4}- MORNING EDITION----FRIDAY, FEBRUARY 21, 1851. > ———=s PRICE .TWO CENTS. DOUBLE SHEET. NEWS BY TELEGRAPH, THIRTY-FIRSF CONGRESS. SECOND SESSION. Benate. BY MORSE’S MAGNETIC TELEGRAPH. OFFICE CORNER ,OF BEAVER AND HANOVER STREETS. Wasninaton, February 20, 1851. PETITIONS, RESOLUTIONS, AND REPORTS, Mr. Unvenwoop presented petition from Alleghany, Vennsylvanis, for modification of the tariff, and for ‘Che imposition of a tax of one hundred dollars om each ~o migrant, as a protection to American labor. Mr. Dicuinson presented a petition.from the authori- NEW YORK LEGISLATURE, Senate. BY MORSE’S MAGNETIC TELEGRAPH. Asanr, Feb, 20, 1851, PETITION! From Alleghany, Madison, other counties, for the protection of fugitive slaves; for the adoption of all constitutional measures to prévent the recapture of fugitive slaves; of the Chamber of Commerce of New York egeinst any change in the pilotege law. BILL INTRODUCED. For the more effectual prevention of the sale of lot- tery tickets. SARATOGA AND SACKET! A debate took place on the question whether the de- cision made by Lieutenant Governor is correct, in deciding that the bill ceding State lands to Saratoga end Sackett’s Harbor Railroad, juired a vote of HARBOR RaILRoap. ties of Brookiyn,in favor of a line of steamers to Africa. png a di ie apmens took aa ‘He was of opinion that the condition of the free blacks | After & long debete, the questio: could not be ameliorated while they remainedin this country, and recommended the petition to the favore- “ble consideration of the Senate. Mr. Bewarv presented & petition from Clintonville, Hamilton county, N. Y., and of seventy-five men and seventy-five women, of Jay, New York, for the uncon ditional repeal of the fugitive slave law. On motion ogee was laid a ae table. Assombly. Axsany, Feb. 20, 1851. PETITIONS PRESENTED, For the abolition of the death penalty and substitu. tion of imprisonment for life, with hard labor; three ‘Ooorgn presen! tions of a like character, for the amendment of the general assessment law; for sahioh wore also tabled, the amendment of the divorce law; two against the re- A great number of other petitions were also pre- | peal of the free school law; against the repeal of the cepted. pilot law; two te make it a penal offence to remove a Bonneyivazin im iaver of Tse ef atoutors trom | [ottlve saves {rom ths State; in favor of par redemp- Norfolk to Antwerp, and from San Francisco to Bhang. | ‘10Ri +0 slay the covteotion of rente in certain oases wore pre | , 18Volving the representation of that county in the P Assembly, was the subject of discussion during the remainder of the day. ‘Tne House adjourned without taking the question. dry reports upon private claims, &o. rk er which, the bill granting : LAND TO MISSOURI FOR KAILROAD PWRPOS: Was taken up. (It appropriates alternate of the public land to aid in the construction of a rail- ‘ xoad from Bt. Louis to the wostern limits of the State.) ‘The bill was ordered to be engrossed. THY DEFICIENCY BILL, As returned from the with amendments to the Senate's amendments, wi mn up, aud the iments (which relate to Cherokee claims), were conourred in. CREDITS ON IMPORTATIONS OF IKON. called up the bill allowing a credit of rr duties on railrosd iron imported by the id Soncee Railroad Company; but. after 1 wan again laid upoa the table— Sonate took up the bill relating Interesting Items from Washington. PROBABLE FAILURE OF THE NEW POSTAGE BILL—THE ABOLITION OUTRAGE IN BOSTON—FESTIVITIES OF THE SEASON, ETC. Wasninaron, Feb. 20, 1851. Advices received thie morning from Boston, ke the administration feel somewhat ensier in regard to the recent outrageous resistance to the law and the United States authorities, committed by the abolition. ists and negroes of that city. The President is await- prey Pe Apeting agen dead ing the receipt of further information before report- ‘te moved to add to the eighth section of | ing to the Senate in answer to the resolution of that = Reon Ma, Seren tags the Postmaster | body. en contract and make arrangements for SuaipesGngsenile varveeh nae aman onan Be The Cheap Postage bill, it is feared, from the nnme- such transi at or other ve is as may be running rour amemcments proposed in the Senate, cannot pass between the Uni tates and foreign ports.) that | at thie session. Mr. Clay opposes the passage of the apy such contract shali be for four years, and by | 1 in its present shape. Itis doubtful it anything in the way of legislation the shortest and most economical routes—the con- tract to be modffied or abrogated at the discretion of 4 bo accomplished at this session, except the making of usual eppropriations for the support of the govern- the Postmaster General; and sete for such con- a3 ment. tract to be advertised ninety ays. After debatd, Mr. Soule’s motion was adopted. Postmaster General Hall has addressed a letter to the British government, expressing apprec istion of Mr. Swan moved to amend Mr. Rusk’s substi- their liberality in bringing over the Atlantic's mails, tute for the House bill, by adding thereto section seven of House bill, authorizing the esteblishment of and that under similar circumstances he should feel it not only a duty, but it would afford peculiar satis- post routes im cities for conveying letters to the poat ‘offices, by establishing convenieat places of depo- ait, &e. faction, to pursue a like liberal course towards that country. Mr. Ruex said the power already e»'+ted, and the amendment was rejected. Mr. Mi.iem meved to amend by making the rate Grafton Baker. ake the Benate, as Chief Ju Mexico, Of postage on all letters uot vver half am ounce, ‘three cents,’ whether prepuid or not, Mr. Brit made a speech against any change in the was yesterday confirmed, by tice of the territory of New existing law. Senator Foote leaves to.day for New York. to unite Pag oe was rejected, only ten voting in —_ celebration of Washington's birthday on the vor of it. 3 Smith & Perkins, of Alexandria, have contracted with the Ohio Central Railroad Company for the con- struction of a large number of locomotives. We have never had a gayer season inour eity. Din- mer parties, hops, fancy and other balls areof nightly nd added to this are two 4 numerous other amusemeat: = for the ball to be giv The Hon. Joseph R. Chandler delivered « lecture last night before » large audi th “Education.” Th en to the Fem Mr. Brapsuny moved an amendment, abolishing the cranl after December next. If this were don mails would be relieved of cumbersome, unprofitable matter, and book publications by Con- gress would be checked. Mr. Jrevrensow Davis theught the amendment pro- ‘posed even handed jurtice. Mr, Rvsx would support such a measure, if properly — The ndinent only affected members of po thought if the members of Con- ‘ese took the beam out of their o yes, the moat in the eyes of others would soon be dircovered. Mr. Darrow caid that as the amendment did not ti December, he could speak asa disinterest- | The Contest for U, 8, Senator in New Jersey witness. He thought the franking privilege was a Taextoy, 20, 1851. benefit to the people. Mr. Downa opposed the amendment. Mr. Hancin supportea it Mr, Bavoer moved to adjourn, but the motion was ost. A The joint meeting of the Legislature again went into an election for United States Benator to-day, and bal lotted seven times without success. Forty votes were necessary to a choice om each ballot; and the votes t. Prence opposed the amendment. stood— Cass eaid the franking was » privilege of the | For Stockton, ; teccncll “ Dayton. . pie “ Beattering ey The joint meeting adjourned over till to morrow morning. From New Orieans—Jenny Lind, &c. Bactimone, Feb. 20, 1851 The mails from New Orleans to the 13th have come tohand. The papers are barren of news. Jenny Lind and Father Mathew have had a long and pleasirg interview. Strangers are thronging to the city im great numbers to hear the Swedish songstress. ° the franking privilege amendment lost-Yeas, 13; mays, 34, The Senate then adjourned. House of Kepresentatives. BY BAIN’S ELECTKO- CHEMICAL TELEGRAPH. Wasninoron, Feb. 20, 1861. NAVAL APPAINS—MAIL STEAMERS. Bir. Branron, (dem.) of Tennessee, from the Commit- eo on Naval Affairs, reported « bill to increase the eMiciency of the navy. Referred. ‘The House reeumed the consideration of the bill re- ported yesterday frcm the Naval Committee, for mail steamers from Philadelphia and Norfolk to Antwerp, and frem California to Chins—the question being on the motion to refer to the Committee of the Whole on the State of the Union. Mr. Bococx, (dem.) of Virginia, favored the bill, ‘claiming that this was the proper plan of an efficient mavy—a navy to be ured when wanted for war, and in pence for the useful purpose of carrying the mails; and costing the government nothing The proposition now defore the House was the cheapest ever submitted to the American Congress; and he claimed that the right to catablieh those lines, was under the navy power in the coastitution dem.) ef Obio, oppored the bill as un- a bh in the case of the jon was formed through the g urged at this Nomination for Congress, New Haven, Conn, Feb, 20, 1861 The Whig Convention of the Second Congressional district of this Btate have nom! id J. F. Baboook, editor of the New Maven Palladium, as their candidat for Congrees. road. wuts, Feb 20, 1851. At a meeting of the City Council, held this evening, assed authcr.zing a subscription for unting to $1,900,000.) of the oapital *ylvania Railroad Fire at Philadelphia, HiLAvRL Pata Reb, 20, 1861, ‘The large four Feet building on Second street, near the corner of Catherine, belonging to the Southwark Library, fas partially destroyed by fire this morning at five o'clock Loss $2,000, and fully insured. Fire at Housville, Lewis Co., N.Y. Utica, Feb. 20, 1851 The grist and raw mills, and the sash factory, Ko., belonging to Mr. Goodrich, were consumed by fire on M bt. Loss $5 600, on which there is an in- 00 shares (ai stock of the Pens: moved that the bill be put on its paraage. moved to refer it to the Committes of ate of the Union; and this wat | peropren nays, 21 : D MILITARY ACADEMY BILLS apport of the Wert Point Mili ayment of revolutionary ed. BUSINESS —-ABSENTREA. Va., made an earnest appeal Marine Disasters. RECK OF THE BRIG PYTNAM—SCHOONER 8. MORRIS WALN ASHORE Craniestox, Feb. 20, 1851, ‘The schooner 8. Morris Wain, Captain Crowell, from Carthagena, Central America, bound to New York, with an rs oargo. here, and not fall lato the | o'clock near t! condition of yesterday, when they were compelled to | sprung s Her position o jise and adjourn for want cf It tney will Sacem, Mass., Feb 20, 1851 not etay and keep up a quorem. it will be utterly The bark Emily Wilder wd bere to-day, from jamposelble to get through with the business of Uon- | Zanzibar. Janae: ereas; he gave notice that every time the House | i4th, that the brig Putnam, Oaptain Daniel, of Provi dence, from Cape Town, Cape of Good Hope. tor Mo- zambique and Zanzibar, was lest, No further par. ticulars have been received Another Fatal Steamboat Explosion Batow Roves, La, Feb. 17 1851 ‘The steamer Bride, Cap’ . from New Or leans exploded her boilers on Red River yesterday killing two persona, ye others tum. he would roli called, so Lee Sul ” Pacaing the appropriation bills, au sion shall ssary, the country may kno Sault itis, by seeing the names of the absence THE INDIAN DEPARTMENT <NAYY PRNSION®, The House went again into Committee of the Whole and took up the bill making appropriations for the support of the Indian Department, which wes amend- ed, and the committees then rote. when the bilis for the support of the Indian Department and ‘or the he Ohio River at Pittsburgh. nymentof Navy Pensions were paseed. (Provision o> ee aes sinade for © reorganization of the [ndien Depart- eo twelve feet ter thi m ‘all ite ramifications totake place on the July next. “2. Gaesesse, shen ) of Mississippi, said tiiat dur. Ing the previous four hours they had spent eight mil- of dollars; and on his motion the Mouse ad- ie The opening of the canal will take place Nf on the 24th inet. sensi ‘The Steamship Prometheus. New Onceans, Feb 20. 1851. amship Prometh left here to day for New The York Meteorologic BY BAIN’S LIVE, 29 Walt Pittenvncn-—The weather is rainy, wird Ss Bactimone--At6 P. M., hazy thermometer, 60. t6 P.M. clear; thermometer, 50. AtOP.M, clear; thermometer, 64; 20. 31 Brrraco, OP M—Ithae been raining all day, with the wind from the south; thermo 4 Rochester. 9PM. —A dritaling | pleasant Unica and Brn | peate of its conti Trov.— Cloudy at 38, Avoant.—Mo wind 4 rainy; thermometer 41. Oars Mild and raining; pposite this Politics In New Hampsht DEMOCRATIC NOMINATION-“ATWOUD REPUDIATED Coxconn, N. H., Feb. 20, 1861 ‘The Democratic State Convention, held here to- day, have repudiated the Rev. John Atwood, the free coller, who was formerly nominated es the democratic cr, and ubstituted the name ot Mitton, damuel Dinsmore, the present incum- atorial chair. The vote stood— Tr sons WOd, Atwood, 2 It is belleved there | will be no cheice by t! HU end very un- van —Ratoing very hard, with pros- i ts 4 rainy, but no wind, thermometer jean, Feb, 20, 1861 ‘The Benate, to-day, have under discussion the Dill Hmiting the time within which # second « tion of | ‘ pleoe is cleat of iow P + jeotment may be brought, after final judgment fm the | Pipe le clear ct aah i ass et ej cot t. The bill proposes the period of | ” the aren opening rain! ard, thermometer HY MORSE LINK—OPFICR, 16 watt. ST., UP STAIRS. tre <i tf am | Urica 84. M.—Wenther very unplenenit; haa rained 5 vince midnight, wind KF, thermometer 85; baro- Tho Libel Caso in Philadelphia, | since, sige Prvcaoecemia, Feb. 90, 1851. | Ai wy, 8 A. M.—Wenther cloudy and begtaning to In the important libel care which has been ontriay | rain; wind south; thermometer 41; meroury in baro- «a the Distriot Court in this city, the jary, this after- 0 Ineter @), barometer 20.480. 8 P M.-Cloudy and ‘gered a verdict for the plaintiff to the amo all day; wind south; thermometer 43; barome- 1 pee. Weeeared dollars, ‘The fuit was brought by A. | ive years. E hie Toute hos been engaged upom petitions. 3 eA M —Cloudy and rainy; thermo ator, 95; Weather dinngresable and wet Tr nd blisher ot Scott's Weekly Paper, against | 1 oth the yultien, of Whe Seturdey Reening Post, ond | Vi8d south. 8 P.M. weather dsagrecevic ane ve (nite for conepiring to pubilsh & Ubel agningt Boott | til day, raining os : ind bia journal. The oase excited great interest | O° svow, 8 A.M — Weather cloudy, wind strong said, if ithad been ible for Bsott | fr cial damege, the verdict would have | ‘'{" | Waerenatt wind south, therm: he jurors ha, thermometer 39 8 AM —Cloody, and threatens rain; eter 36 Intelligenee from Nicaragua, THE TRUE CONSTRUCTION OF THE CLAYTON AND BUL+ WER TREATY—THE AMERICAN DOCTRINE. We have received advices, per steamer Crescent City, from San Juan de Nicaragua, up to the 4th inst. No change has taken place at that port, since the dates brought by the Georgia. The Eng- lish authcrities have completed the new custom house and other buildings, which have been in progress for the last six months. American citi. zene are still disarmed, upon landing there—an in- dignity to which they are subjected at no other port on the continent. This estate of things has produced much excite- ment in the interior, where it was at first believed the Clayton and Bulwer treaty would have the immediate effect of procuring the evacuation of San Juan and the Mosquito Shore by the English, and their restoration to Nicaragua. But as the Englieh agents have denied that euch was the in- tent of the treaty, the government of Nicaragua has published a circular to the other States of the new confederation, in which it quotes the language of Mr. Clayton on the subject, in a despatch addressed to Mr. Squier, by him communi- cated, with a copy of the t: to the government in question. This dispatch is of the utmost im- portance, as showing the real intent of the treaty, and as an effectual and by og disproval of the mendacious declaration of Mr. Bulwer, that this treaty has no reference, and was intended to have none to the Morquito shore. We can assure this gentleman and his government, that Mr. Clayton’s underetanding of it, is that of the American peo- ple, and this country will sustain that construction to its fullest extent. This is a i on which can- not-se hushed up; 1t is one which has a deep hold on the mind, and the public man who shall take bee American ground upon it, and avow himself boldly in favor of the fullest vindication of the principle which it involves, will be the next President of this republic. It i juestion which wilt override all minor ones of tariffs and land dis- tribution. And unless the treaty is complied with, in its full extent and spirit, it will, in the language of Mr. Clayton, “‘ inevitably produce a rupture be- tween the United States and Great Britain.” The extracts from the dispatch, in the circular before us, are as follows :— Derartment OF State, Wasuixaton, May 7, 1850 * * * * It is proper thet I should now ii ou that I have negotiated a treaty with Sir ry julwer th. object of which is to secure the protection otthe | ‘ish governmeat to the Nicsraguan canal, and to liberate Centrsl America from the dom! any foreign power. Should the treaty be rati nd Ihave at prerent no reason to doubt upon that ‘sub- Ject, it will, I trust, secure the passage across the Isth- mur, and any and every other praoticab! » bet by canal or railway, at Tehuantepec, Fouams, ore ere. hope and believe that this treaty will prove equ: bonoreble both to Great Britain and the ited States, as it secures the weak sister re- America from foreign aggression. the more especial: publics of Cent: All other nations that shall navigate the canal will have to become guarantors of the neutrality of Cen- tral America and the Mosquito coast. The agreement is, “ not to erect or maintain any fortifications com- manding the canal, or in the vicinity thereot; nor to ocoupy, fortify, colonize, or assume. or exercise any dominion whatever over any part of Nicaragua, Costa Rica, the Morquito coast, or Rentral America; nor to make use of any protection, or alliance, for any of these purposes,” Great Britain having thus far made an agreement with us forthe great and philanthropic purpose of opening the ship communication through the isthmus, it will now be most desir: immediately after the ratification of the treaty, en both sides, that you should cultivate the most friendly relations with the British agents in that country, whe will hereafter have to devote their energies and co operation with ours, to the acoomplishment of the — work designed by the treaty. Kindness and conciliation are most earnvstl recommended by me to you. I trust that means will gr be adopted by Greet Britain. to extinguish the Indian title with the help of the Nisaragu: the company, within what we oonsider to be th: of Nicaragua, We have never acknowledge: never can acknowledge, the existence of cla! soverignty in the Moequito king, or any o1 in America, To do so would be to title of the United States to our own tories. poly Agen regarded an Indian wie . ~ 9 of Occupancy, we cam never agree such # iif ould be treated otherwise then asa t! to be hed at the will of the discoverer of coun- ratification of the treaty, Great Britain bes est to dony this pr: ery other case in will be uced to @ for she British Minister has also gi t that her Ma) ‘¢ gover - n to establish any more protectorates in America. . The fate of Central Am w depends upon ratification ofthe treaty. andthe execution o: cording to its spirit, Let nothing be done the British government. By Kindness a tion on the part of Nicaragua. i irritate eoncilia- the aid of the ‘tral America, ca- 1g the population of a great reelf, and exerting her best ener- elopement of her great resources. ma: jate the commencement of @ career of unexample proeperity from the date of the ratification of the treaty. (Signed) JOHN M, CLAYTON. ‘TDeatric: From a heavy press of mati we are woidably obliged to ourtail our theatrical reports. At the Bowrny Tueatte —The performances will consist of the new and eplendid nationalfe 00 ton, or the Path to Fame and Glory.” with th lent drama entitled the Maid of Pyrok Ld Broapway Trearne. Ninco's Turatan.—The beautifal French vaudeville of * India 4 Charlemagne,”’ ther with the bal- let of * Catarina.” form the attractive features for this evening. The Rouseet Family are the most graceful artistes We bave ever seen. athe.—A fine bill, asusual The excel: of“ David Gopperteld.” the «pl “ World's Fair.” and the cor o! Heart never Won F comprise the entertein- mente for thir Natronat Tusatne.—A great bill is offered to-might for the benefit of the active and talented proprietor, Mr. A. H. Purdy. [tis heped his friends will crowd the theatre in every department. If any theatrical manager deserves a bumper, he does. —The commencing feature will m Right,’ which will fol the “World's Pair,” the farce of “ Wilful num —The afternoon erformances * Adopted Child, hove of the pusical extravacenaa, ¢ , Beast,” with the farce of «<The most classi beautiful equestrian exercises are every night given at the Bowery Ampbi- theatre. Large audiences attend this place of 90 ment. P Procness —This after- D of the tion y the excel and the whole w Murder.”” American Mi ndid panorama of [reli 5 talented lecturer, can be Frav axon Tronne —Thit evening. Itis hoped their friends will exert their influence. ™ A, Tur Travian Orena.—This is the Inst night feason, and “ Ernani’’ isto be py rmed probably be a full houre on this eceasion, as the opera jin welloast, Next week, several members of the com. pany will take their benefits, the house will be Bnally cloned about the firet of next month The part of the troupe now absent in Boston, will not re- turm till the third of March. They have been emi- nently successful in Botton, Parodi appeared ae Norma, on Wednenday, and added to her popularity. The ‘Caste Diva’ was enoored —« proof of good taste and judgment. The * Barber of seville’ will be re- resented there to-night; and after the great voonlist ae been reen In comic opera, the Bostonians will have bad 601 portunities for a tolerably fair apprecia: tion of ber talents. She siways advances in public ertimation—exoelling in everything she attempts, Onniery’s Muvern The same excellent negro performances will ing, at this pros. us establieh: ental pertor- bill for this al performance e vooallst, Is giving © Domestic Miseeliany. son ot D. M. Hoyt, at at city on Satur: jerk of the port oe arrested for robbing the mail, to bail in $3,009 for trial. U. S, District Court, Before Hon. Judge Betts. , [See seventh page.) Fes 20.—The People vs. Mar.—At the sitting ef the court this morning. Judge Betts said, in reference to the case of the Un Btates against Max—Two objeo- tions have been taken by the counsel for the prisoner tothe evidence by which the District Attorney pro- ine to convict him, and I shall proceed to consider m in the order in which they are presented. The frst is that the coupons in question are not “ personal 8.” within the meaning of the 16th seetion of the it of 1700, upon which some of the counts in this indictmeut are founded; and @ decision of Jud; Story, in the case of the United Ssates ve. Davis, (5 Meron, R. p. 356.) is relied upon to sustain the cbjeo- tion The act im question says, ‘That if any person within any of the places under the sole and exclusive jurisdiction of the United States, or upon the high seas, shall take and carry away, with an intent to steal or purloin, the personal goods ot another.” that then the person or persons so ding, their counsellors, oidess - bettors, shall, og convlotion, be fined in eum ex ing one thousand dollars, or im- risoned not exonedl “ one year, or both, ascord- ig to the nature ai sgeravation of the offence. Judge Story in the case I have just referred to, seems to suppose that im erderto fix the meaning of the Words “personal goods” in a statute concerning larce- By, resort must be had tothe rules and maxims of common law; and he says further .—“Bonds, bills and notes which are chores in action, are not esteemed by the common law goods, whereof |: ny may be committed—being of no intrinsic valu ud not im- = any property of the possession of the person whom they are stolen. but only evidence of pro- Pirty,” But ine subsequent case, (United States v loultom, § Mason, 563,) the same learned Judge Viewed the whole subject so far as bank notes were co: and came to the conclusion that, im “mod- ern times, courts of justice in penal, and even in capi- tal cases, are disposed to look at the real nature of things stolen, aod though they are in form ‘ohoses in sotion,’ yet if possessing @ real value in possession, to hold subjecte of larceny.” "Now, in the cass Ddefere me, it is clearly proved that these coupons of the real intrinsic value of thirty dollars each; they are payable to bearer; and wi out circumstances of suspicion, id be promptly at the proper office of the government. statute authorising the loan of 1848, confers upon the Secretary of the Treasury the power to issue cer- tifloates of stock, with coupons interest attached, ‘The torm in which this shall be @, is mot prescribed by the act, and in practice these certificates thase coupons are im all respecte conformed to the usual course edopted in such matters. I have no difficulty, Rete. deciding that the cou before the jury are aning of the crimes act, and are subjects of larceny wader ibe pro- e form of who has is so im point of in the Assistant Treas: but the lork been paying c! z's office hi cr apons: them, e and further that all @ loan of 1848. were signed by Benet. This proot is quite suff cient to bring the case within that of the People s. Jonnson, In that case the Supreme Court of this Siate held that ‘on an indictment for forging bank bills, they must be proved to be fictitious, and where the crime charged is the ste: of such bills, they must be shown to be genuine same mode of prootis admissible in both cases; and witnesses who, im the course of business, have scquired a know- ledge fp Samy d notes of the banks by which the bills im qi mn purport to have been issued, are com. petent to express their opinion on the point in con- test in the imdictment.”’ This rule has been com- plied with im the case now before the court. Mr. King and Mr. Russell sre both competent to form opinions as to the genuineness of these coupons, and they have testified that there can be no doubt that the papers in question are what they purport to be, true and genu- ine coupons hatonaing to the siock of 1848. I shatl, therefore, overrule the objections upon the points, and direct the trial to proceed. Mr Donohue then opened the case for the prisoner, denying any guilty intention. Eliza Farley was then called for the defence, and deposed—I know Max. the prisoner; I saw with him some of the tickets that have been spoken of; he ar- rived from ses on a Thursday, and I saw them onthe following Saturday; there was no concealment of them on his part; he wastaking his clothes out to. dey, and he bad the couponsin his hand; he said he ha. “Duteb bills.” and [ asked him to give me one “you may take all, for they are no good to me, The District Attorney objected to the parties’ decla- rations being in evidence. The court sastained the objection, ‘Witness continued —Max offered me ona of the tiok- ets and I threw it om the floor, « good be away; be my children some of them; who accompanied the officers in pursuit ot Max, to witness’s house and heard him say to a ma: Doyle, that if he could see McLean to make with Max, he would make » geod thing of it lary Farley also deposed that there was no conceal: ment abcut the possession of the bills; it was she put them in the room where she afterwards got th ficer; heard @ coi a on behalf of the fo tition of William Mason, whic Lioyd told him it was he, Lloyd, mail bags of the Helena Sloman, and took t! it nei Mas nor MoClean 8 il they received the cou- ne him, Lloyd. on shore. The District Attorney objected to the deposition of & man who chose to charge himeelf with guilt to screen another party, and thep run away to Liverpool to avold detection The Court ruled against the admissibility of the de- position: Mr. D addressed the jury on bebaif of the the District Attorney summed up for the lew the fast v jot of guilty of recei ing the went Knowing them to be stolen. verdict subjects the prisoner to a greater punishment than the crime for which he was indicted. Supreme Court—Cireuit Court, Before Hon Judge Mitohell. » the New York and ‘This was an ection brought the defeudamts, for damage Plat ym the 19th February, 1949, when the pli war nen-suited; it was subsequently argued at G Term, ond a new trial granted. The testimony a read by consent re while op; house was entirely com damages at $1000 Fer the de- ndants it is contended that the accident did not occur through any negligence of the! at the value of the house, which was an old building and of email dimensions, is over estimated in the elaim of th plaintiff. Adjourned ' rt—General Term. Supreme Con Before Justuce B de, and Hon. Judges Edwards i 4. —In, the ease of the people der th th co plainant ‘and on bearing thi A. Phillips, the counsel for th there war not ruMctent evidenc of Mr. Moser, orari. It appear Mr Nixon part of the the cutlery business that Nixon should ners deemed extra quently oreated premise th the parties shou! apply to remove the te: It vas objected before t proceedings act, that he the expiration of Nixon's teri ly an expiration by lapse of tiny scare of forefeiture only. It was ir had received rent after b: bad been need, and that he thus waived the forfeiture, Mr James T. Brady, counrel on the part of the defen- dant, contended that the expiration of the term oo- curred af much by lapse of time, when it was limited nt, ae if limited te « de: that tho Mr. Beach, the forge had spoken of, meant mere- hat this was 4d, alto, oh gave the | of a right to remove the Decision reserved nt Spear ve Samuel Myere.— to ide report of referee, Decision reserved The following general order has been thie day made by the court — CRNRRAL ORDER Ordered, That no order of bape to surplus 7 the forge | Superior Court. Before Hon. Judge Mason, Fen, 20.—Jas. Hutchinson vs. G. W. Comstock and John C. Comstock —Thts suit was for the value of « horse bought by she pleiatid, in 1845, from the daf dante, for the sum of $226. on the faith thet t! mal was aound. It is alleged that, atthe the horse wes not sound, and that plaintiff! had bee Ba te expense for care of the horse to the 20 The case was tried before, when « verd given for plaintiff for $123.16. A bill of excepti was taken at the trial, whioh was argued im the 9: reme Court, and the verdiot set aside. The defenc: ie, thet the horse was sound when sold, tl be ar gery ny} arose from subsequent treat emt while im the possession of the plaintiff. verdict. Before Hon. Judge Duer. his ‘Seatea | OUR EUR ONE WEEK LATER FROM EUROPE. SBRIVAL OF TRE AMERICAN STEAMSHIP BALTIC, AFTER A Very Short Winter Passage. OPEAN COBRESPONDERCE. Richard Decker, tr" Charis ‘Oe Mathews and Thoné¥| Threatened Insurrection in Italy" Ga diner.—This was @ suit on @ note for $2363 46. | dated Ist Nov, 1847, de 4 plaintiff to the order of Robert Jones, and endersed by Robert Jones, James Jones, and the defendant, Thomas Gardin: The cause has been on trial for several days. It appeared by the evidence adduced, that the note was made by Decker for the purpose of being discounted im the Manhattan Bank, and applied toe particular purpose. ‘Th ttean Bank refused to discount it,and James it the note in a safe in t 4 to their own purposes. On the of it is alleged that Mathews took out the note in ti Presence of James Jones, and with his consent, that part of the proceeds was banded to Jones, anetber portion given to Mathews to a debt by Jones to Mathews. Mr roared i ed bebal: outon for the plaintiff; and able char ‘he gt ‘5° dze, the jury retired, but hed not agreed at the riging of the Court. Sealed verdict. GENERA! Before Chief Justice the special $7,500 obtained by Mr. Bagley, th cil-case manufacturer, in Broadw: Moers. Smith, in an action fora breach of covenant. ‘The parties were tormerly co partners in business, and the breach of covenant complained of, was that the appellants dissolved the partnership dur- ing the temporary absence of Mr. Bagley from this city, without sufficient cause or due notice. The ground of appeal, as contended by Messrs. Lord and F. B. Cutting, were on exceptions taken im: t the damages were excessive On behalt of the respondent, Messrs. J. Blosson and Hutchings contended that there was a cleat breach of an express, indnj mt covenant; that in estimating the damages, the Court below properly instructed the jury that they might take into consideration the probable profits of Mr. Bagely. not asa rule of damage, but as circumstans: or one of the means of enabling them to arrive at the amount the plaiotiff ought to recover for damag Counsel for respondent al dict cannot be disturbed a& against evidence, whers the evidence is doubtful, uulesa it be manifestly and palpably ayainst the decided weight an ance of evidence; that the verdict in not ¢ nor doet it call for the interference of this court. De- cision reserved. Common Pleas. Before Hon. Judge Woodruff. Fen, 20.—George Hotchkiss vs. Win. 1. Shufeldt and Edward Bissell —This was an action to recover posses- sion of personal property, whioh defendant claims to hold for storage of some bundles of “ahooks;’’ the amount sought is $17. The plaintiff tenders what he deems a just demand. Sealed verdict. John Jacques vs John W. Farmer.—Thia was an ection for arrault and battery. It appeared that a dispute arose between the parties, in May, 1849, reapeoting the purchate of two and ehalf pounds weight of solder; upon which occasion it is alleged that the defendant as- saulted che plaintiff in bis store, by giving him a box in the face. Braled verdict. Before Hon. Judge Ingrabam: William Cotter vs. W. A. Freeman, Lorenzo Ventura, Patrick Clifford, and Edward Boker —This was an action for trespass, in entering the house of the plain- tif at the unseasonable hour of two o'clock in the morning, under the plea of searching fer stolen goods, and therecompelling the wife of the platatiff to leave bed while the search was being mi plein police justioe was discharge. and subsequently to Ginmiseal of the complaint the illegal search thus com- plained of was m by the defendants, 0: perties bing « The jury verdict for piaintit ages. A poll was de- mandéed by eounsel , and they were found if $575 for defen Brooklyn City Cow Before Judge Greenwood, and Ald. 1 Fin 20.—The People, $c. against George Wilkes.— This osure was called up, ia purvunnce of the ar- repgement entered into on the Inst occasion. The de- innt was erraigned and pleaded not guilty, and the following gentlemen were empanelied as the jury :— James J. Raymond, James M. Piumstead, Stephen C Jo} Col. D. Jackson, ThomasG. Sill, Jacod 0. Bratcbley, Wm Burrill. Abraham Verplanck, Wm. M Barris, Uerjamin Handley, Henry Thompson ond Je. cobC. Weeks The defendant exercised bis ri eremptory challe in the cases of James Birdsall, Wm rf Pritebard. e Wilson, James B . Van Buren, Btephe Mordecai D. Smith. Con attendance of jurors. the above, the eourt postp: till to-morrow morning, (this day ) Brooklyn City Inteligen ise ano Tavean Le oe. —This Board barge for licenses and an extension time, and on the other hand for at witholding of the tavern lice: jority being adverse to both applications, the peti | tions were, upon motion, laid on table, It was | then moved that the gi be reduced to | amendment, that tavern licenses pa od by fixed at ten dollars, grocery ones at Ave dol- lars. Both motions were lo d being equally divided on the point of reductn, price. ‘he oom- missioners from the respective wards then proceeded to report on the applications referred to them, and the board resolved on granting bout ninety te vern and forty grocery licenses throughout the city; but many applications remain unconsidered. It was determined to require of ell applicamts a de- claration, on oath, that they possessed tie nooom- modations for travellore required by law. andthat no | applications should be received after Thursday. the aithinet. In all cases where licenses are granted, | they are to be taken up and paid for, onor before the | 18th day of March next The board adjourned till | ARRIVAL, OF THE NICARAGUAN MINISTER. DEATH OF THE REY. DR. OGILBY, IN PARIS, OPENING OF THE BRITISH PARLIAMENT, i the {ntrigues of the Bourbons oa the Continent. THE CREAT INDUSTRIAL EXHIBITION. THE VERY LATEST NEWS BY TELEGRAPH STATE OF THE MARKETS, &ie., dio, dies The American mail steamship Baltic, Captai Comstock, arrived, yesterday morning, from Liver- pool, after a passage of eleven daysand twenty-one hours—a remarkably short one for this season ef the year. She made her last outward passage im ten days and a half. She left Liverpool on Saturday, the Sth inst.,at 2 o’clock P.M, and brings one week's later intel- ligenee from ali parta of Europe. Mr. de Marcoleta, Envoy Extraordinary and Mi nister Plenipotentiary of the Republic of Nicaragua to’ this government, whose arrival has been expeet- ed, isa passenger in the Baltic. A severe indispe- sition detained him two months in Paris. The object of this mission is the consummation of the canal question, which has been so long agi- tated, as well other matters of public imper- tance ; and the arrival of this diplomatist, whose friendly views toward the people and goverm ment of the United States are well known, is @ gure promise that the complications at present ex- isting will soon be removed, and rights so defined, as to render fruitless the attempts of a third power in its projected encroachments, (too well known te our political men, however, not to be enabled te frustrate them.) Mr.de Marcoleta goes immediately to Washington Thursday next, at four o'clock. Assavur wire Intent ro Kict.—John Doran was in- d for stabbing one Peter Roach on Christmas | | evening lest, in a porter heuse. A brother of ti d neo witness for hiv by h ted him ; but raised a him to be detained, and the matter | cated by a | police justice. The pritoner originally charged was | acquitted. | Fing.—A frame house in Adame atre nm | fternoon, but the flames were very soon The damage done was caused princi- pally by the water. Recrivine Srocen Goons.—Patrick MeCoy a junk oper in Jackson street. was convicted. on Wed- of purchasing several brase cocks and some from two boys who had stolen them from ry, in Water street, New York The following ofMocers | Finesen’s Covvention—Daxarnous Berinivas,—The firemen of Brooklya, at their inet meeting in conven: | tion, pasted rome reaclutions expressing in strong terms, their approval of the bill now before the Le gislature, to amend the law relative to buildings. and for the prevention of fires and loss of life. and con: | demning the opposition which the Common Council 3 4 e $ Quickest Vevace Yer.—The clipper ship Howquar MoKenzie, Jr, arrived on Wednesday from hai, has made the quickest out and home voy- ished. She left here March atrived at Shanghai, vis San Francisco which place she left in Om the 234 Nov., passiog ixteen days out, and arrived here in 88 ae absent, io em months and five ited 43,623 miles. The days; at # Howqua was ballt by Brown & Bell, of this city, six years back. She is owned by A. Low & Brothers. Asotuke Quice Tarr.—The Aberdeen tions an extraordinary trip made by an EF ‘lish olip. complished the shortest time ever made Ui stwean those porte Te Paouer Suir Maviaitan, Oapt B. W. Peabody hence Gist ult., arrived at Liverpool on the 6th, mak | ing thepassage in sixteen days Movements of Individual : Ton. Mr. Venable, of North Carolina, has been called home from his reat in Congress, by the illness of his dang hte 0 Twiges Mo ; T Updike, Memphis; B. Daca,Boston were among the arrivals at the Astor Tours, bar been convicted of murder tm eal mons | The steamship Pacilic, Capt. Nye, hence, ar- rived at Liverpool on Monday morning, the 34 inst. She left New York shortly efter noon on the 22d ult., experienced very severe N. W. and aer- therly gales during her run from the baaks ef New- foundiand to Cape Clear, and suffered some damage to her paddle floats from the fields of ice. She arrived off the N.W. lightship at 6 o’clock oa Monday morning, and off the Rock lighthouse shortly before 11 o'clock; completing her ram from port to port in about 11 daysl7 hours and 2 minutes. The following is an extract of a letter from Captain Nye, of the Pacific, to E. K. Collings Eeq., agent in this city:— U 8. Mart Sreamee Pactrre, Livenroo., Feb. 8, 1651 { ‘The Pacific arrived at the N. W. light ship at € A. M.,on the Sd, and ot Liverpool, atter three aud a bali houre’ detention at the bar. at hait past 10. We lost full thirty hours. by ice, on the Banks; and were compelied to rua thirteen hours to the south ang southweet before finding a plage that could be pens trated. That brought us dead to leeward, as we bad @ heavy northerly gale and terriic sem from the Banks fo soundings, when we took « northeast wind, but are woll repaid by the increased confidence gives our passengers, who have wituessed the beautiful per- formance of the ship in heavy weather My admire tion of the ship is unbounded. I could not. nad I not seen it, believed that it were possible to run s ahip rome fifteen hundred miles directly in the trough of heavy asea as I have ever seen in the Aiantie without a farthing’s damage or i. were not sto; rs in pertect order. We leara, b from Paris, that the Preai- dent's dotation bill, ia almost certain of being re- jected by the Legislative Assembly. In thatevemt @ natienal subscription is confidently spoken of. Such a step would, undoubtedly, be a severe coa- demnation of the conduct of the Assembly A collision has taken place at Mostar, in Bosnia between the Turkish troops and the insurgents, ia which the latter were defeated. The new government of Holstein has published « proclamation to the inhabitants of the Duchy, which the Diet is diesolved, the fundamental lawe of September, 1543, and the Frankfort fundamental laws for Germany, are abolished, and all lawe paesed since March, 1543, will have only a provi- sional validity. The Holstein Stadthoiders have resigned in fa- vor of the new Provisional government. 1a their proclamation they state, that the Germanic cea- federation intends to protect the established rela- tions between Schleswig and Holstein. Vienna letters state that, the Count de Chamberd is laboring under a serious illness, which threatens to terminate fatally Mr. Felix Pyat has, on the application of the French government, been expelled from Switzer land. Annexed were the rates of American stocks, at London, on the 7th inst:— United States Fives, 1553 be Bites : Bixee ” Bixes, Boston City Fives. nrylvania Fives . ° enchunette F ives, Sterling Bonds, Maryland Fives. Sterling Bonds. Canada Sixes, i874... ve In Spain, the new ministry have already disco- vered that their promised retrenchnents are not so easily effected ; and the rumors of another minis terial crisis are very prevalent. Besides other dif. ficulties, they are personally repugnant to the Queen. Intelligence from Vienna e, that a conspira- cy of a revolutionary nature, had been discovered at that capital. Some eighty individuals had beem arrested. The conspiracy is said to have ramifica. tions in all parts of Germany. |t was discovered from some correspondence seized by order of Coumt Leiningen at Caseel Our advices from India are nothing more impor- tant than Sir Charles N farewell address te the army— eloquent, judicious, complimentary, and paternal The British Parliament opened on Tuesday, the 4th inst. The Queen escaped comment by dele g the settlement of the Papal question te “ir collective wisdom. Lord John Russell made along speech. He recommended that all property left to clerical Catholics, with English titles, be seized by the Crown, and that future assumptions of all such titles in England and Ireland be pro hibited. He also recommends Wiseman to live in Rome quietly. The steamer Thames arrived at Southampton on the Sth inst. with $1,400,000 in specie, of which $500,000 were in silver and $900,000 im gold, the latter promerpal’y from Cabforma Galignant’s Messenger of the 4h inst., makes the following announcement:— in cauring the death of Judson The diMoulty gr the elfe of Br Ne fon and the prisoner for His At Faris, on the 2d inet, the learned and mush ertermed ey John D. Ogiiby,D D., Professor im the Theological Seminary of the Episcopal Ohurch, Nee York who, efter a crosl and lingeting flimess, wnied be rupported af 8 Christian, departed thia lite le hope