The New York Herald Newspaper, February 23, 1851, Page 1

i te ee mite WHOLE NO. 6098. SUNDAY MORNING, FEBRUARY 23, 1851. NEWS BY TELEGRAPH, THE NEWS FROM WASHINGTON. THE DEBATE IN THE SENATE ON TUE President's Message and the Boston Outr _ MORE ABRESTS 1) BOSTON, &e., Se, de SHIRTY-FIRST CONGRESS. SECOND SESSION, Senate. ‘BY THE MORSE MAGNETIC TELE@KAPH, OFFICE, CORNER OF BEAVER AND HANOVER STREETS. Wasnincron, February 22, 1851. ‘The Hon. R Tt Bantour, Senstor from Massachu- motte, (im place of the Hon. R.C. Winthrop) appeared nm the Benate Chamber t his morning, was qualified, and “took his seat. THE PRESIDENTS SPECIAL MESBAGK. The Crain stated that the first business in order was ‘the consideration of Mr. Clay’s motion to refer the ‘Presjdent essage of yesterday to the Committees on vthe Judiciary. Mr. Rusx moved that the subject be postponed until “Monday. i Mr. Hunter said that there were s number of bill from the House, including several priation bills, aow laying on the table, and be hoped that by genera! consent the conridetation of the President's message might be postpened until they were disposed of by a ‘Proper reference. Mr. Bewanv expressed a desire to felieve himself of a pumber of petitions. ‘The Crain said it was not in order. Mr. Buwano then objected to taking up the bills on ‘the table for reference. Mr. Hunter urged Mr. Clay to allow the further coouseien of the message to be postponed until day. Mr. Cay said he knew of no subj ‘tence tham this message. It the question whether the laws of the not to ‘be enforced. After some further discussion, Mr. Srwaxn withdrew ‘the objection he had made to taking up the bills on the ‘table sor reference, and RIATION AND NAVY PENSION ‘were taken up and appropriately referred, ¢: ‘with several private bilis. PENSION AND MILITARY ACADEMY HiL The bills eppropriat: payment of revolutionary pension fupport of the Weet Point Military Academy were reporied finally by Mr. ‘Honren, of the Committee on Finance, and thoy were passed. THE DEBATE ON THE MES#ACK RESUMED (By some accident, s small portion of the mauuseript ‘of our derpateh hi led to reach us; this will ex- plain to the reader the abrupt re commencement of Our report of the debate on the message } t leogth that thy Fuyitive Slave jouted—it had been executed, and would to be executed, in as good faith and as ly as the most ine expected. He alluted y of enforcing the law ession ; then. masters ves were frequently arrested aud impri- id sometimes murcered; now, Rope 4 jase — ¢ ject of more impor- 8 gether ee in Boston —bad been successful om. the parsage of the comprom| . been going on in the public senti- hb. Duri: the last ression. resotu- t Proviso were seut to the ‘2 State save on not one such resolution at this session diane end io tly to re- pice of the constitution, yet the cannot elect » man to States @ be one of those who ppoved to the execution of the law. He referred to various indiow- tions, that tbe popu! opinion all over the country “was in favor of carrying out in good faith mise measures of the last se . He ominous inthe fact of the President o military to execute the law; on the contrary, he o sidered it as great evidence of the Prevident’s patrio a id that a Northern man w exeonte the 1 by resorting to the highest and extrement mew He would ark gentlemen who consi tered the h producing no fruit~ Would they vote for a law repealin; Mr. CLem he was not one of those who voted for the compromine act: pareage, considered twasone who, after thelr ould baveafairirial Uae, ‘Only, of thore y way lindle to be repealed oF disturbed and that was vhe Fugitive Stave lew If he Delieved that law wasa* dead letter” he would | ay the day fora dissolution of the Union had arrived. He thought those who declared the law was pot exe- cuted should immediately advoente « disselution of | the Union. The people of Alabama hat no preumiary | ‘interest in the law, for they did not lore one negro im | ‘Dve yeare—but they had a deep interest in th tion of the execution of t 4: for it one pr of the constitution were diriegarded, what fy there that others might not shere the pame (ate? bad been executed everywhere except in Boston, Tn Philadelphia, the Senaior tom New Hompshice says, it was over executed by sending o free man imto | slavery. This was not the case bowever, or (ae man was sent back agsin; and y free— | the mistake was in regard to masters, be wat seat to | rong master. The Senator from New Hampshire, | Mr. Clemens, should b» chariiahie upon ack | akes, tor there is a tale abroad that « negro oalied at the house of @ distinguished staterman of toat Btate, alleging that he wasn fugitive, aud had just | thrown off bin shackles, and. laylug bis panting Naibs before the door, be asked to be taken in sod whultered He was taken | \d comforted; but after some time | he was discovered to bea free man. with his papers in bis pocket, and was then turned out! (Li Mr. Have said thatit this was New Ham cy, it was new to bi Mr. Cress —' The Benator’s memory is imperfe Cor he told the etery to mie and the Seastor from mersee as having occurred Mr. Hare —The Senator is mistaken y hous u was eald mn I toid him representing hiu a riot im the g real bloodshed, io f io Philadel phi resultirg do churehes | tae pros Baltimore; the free States thing but bostile to tne roe in many 40 8 a bated the last searion. He expected law, and bad not been ogitati eulte from ths He saw no wap ine (Mr. 1) did not reg Qo execute the law ae anything more th resulting from bis position Mr Onaee said that agitacion on «le almost siwaya commenced in seme mu him who a agitators Und orm by decirion of the Bupreme Court in Prigge’ cae, the duty of exe outing the law in regard to towitives was denied ‘o the Atates He was of opinion that the duty was one be- i tothe States, and not to the ew . mee ie w of Congress, unless sustatned by State action, would beineMcient. If left to the States it atmight be madeeffectual. ile considered the tects! LT reme Court in I’rizgs’ care a8 prast Btitutionel provisic n for the rendicio itive slaven. tf Dovor, ot Lown. defended his State trom the charge of preventing the execution of the coartita- fone) rights of Bouthers citizens Whenever & quem ton should aries involving s controversy between the white and black racer, he would never bo fovad war. ying for the megro againrt bis own race te consl- dered that the Presigeut had done perteotly rig ht. is wire action, since he became resident, he had completely spiked the cacnon of the Senator trom New York and his contederates, He hed long occioed ‘the remarkable fact that the aymparhy of ali those who olamored #0 loudly in bebalt or negroes, die and became extinguished when the negro became free and required their aid. The Senstor from Unio ned alluded to the proclamation of the Brituh Uorernor, General Gage, in convection with the prootama: the President, awd to the conflict whied folo wed. (Mr. D) would say to the Renaior ifs conflict oodshed is to follow the proviswation of the Prom dent, declaring that the lows hall be enfuroed, let it come just an soon as the Aerator and his party desired. ‘Traitors existed at all timer im the bictory of this | ryetem, and not any partion | quently country, in wal well as in peace. and in all sections of the country ; and he did not know but it wasas likely aa not that a few existed in the vicinity of Bos- ton atthistime. He did not regard this mo! dence ofthe rentiments of the people of Mi eetts; but he preferred to think the dem mede at Apringteld with regard to the mise: insidieus mon of their f sings. in Towa, and tl would be ejected Mr. Dovoras explained the legislation of Illinois as having been always advorse to the emigration of free nt and Thompson. asa better indication Let Thompson dare to show his face covatry would see how summarily he j ¢ decision of | reme Court in the case of Priggs, in Penusyl- ad Practically expunged the constitational . Thisremark implied # gross calumny upon the people and offieers of free States. which he would not permit to pass unnoticed. The Senator expressed as his opivion that it was the Cuty of the States, not of the generel government. to execute this vision of the Constitution; and that if this were the care, the would be a dead letter. This implies ‘hat every Constable, Sheriff, Marshal, Judge, Logislator, and every other officer, who had sworn to ay gage the Constitution, would mete oe their duty ‘be falne to the Censiitution and eir country, false to God by violating their oath Mx. Cuase explained that his opinion jwas that it was the duty of the 8 and not of the Federal Government to execute this provision; but the Su- preme Court, in the decision referred to, had denied the power of the States so pass auch laws. ‘umed, and said that the remark that ie iter” implied the same calum: The Bupreme Court had decided the constiution to imperative that fugitive slavs delivered up, a the duty of yn, whether 8 or not, who fay ses alle; Constitution, to {execute the law; a fusing to to do was derelect in his duty, an ‘onetitution and his God. Ifthe e pasi man who, by act, werd or the law, or urged others to r ishment. He regarded this 08 ton as no sudden and impulsive act, but one for which preparation bad long been made, and was tl ult of precorcorted action, by whi and negroes, re- sist this law. He considered the negroes, who actually resisted. an not more guilty tham the white m hi incited them to doit. The law of conspiracy tothem. This was conspiracy to resist the the United Btates; eech censpirator, thoug! actually present commission of the viol onsible for t] 6 urged on and produced this vio lectures, and advice g He held cert: rsons, within his sight et this mo- ment, responsible for this mob in Boston, by their specches, and their addresses at the lart session. They bad produced ip the minds of tree negroes the impres- sion that it was right and proper to resist the laws of the United States, whem a “ higher condemned ‘This advice, given by men occu- the law of Congres pying high poritions, had produced acts of violence by there poor, simple wretches, which their more inform- ed, but lees principled advisers, had not the courage or the boldners to partici in in person. Nor were the infamous designs of those who resisted this law confined to this particular instance. Free negré had been armed by abolitionists with pistols aud bow kuivee, that thie law might resisted; they had been advised that there was a la: C d that they should ¢ bad stood in a perec: d bad heard speaker after speaker tell the people to arm themselves, to strike, to kili and tore! ist this act of Congress, and to let no fugitive be turrendered to his mas'er. It was t! would punish, and not t!- negroes President tor his conduct, and conside cen*ary and prcper Mr Ca: luded to Mr. Iinle’s daily a the Iaet session, th compromise vould be @ failure, snd that any man who voted for it would be stricken down. He contended that exeept in tis Now York case, (Mr. Dickinso: this prophecy bad been falsified. He replied to Mr. Mason's complaint of the obrtacles, by suits seaiost masters, &c., thrown in the way of the execution of this law, that they were the same in any other case as well as this, Aman might knock him {down, and then sue him for da- Cemeges. iow could he preventthis’ fe considered this cetect owing to laws which, instead of being per- fections of reason. were pertections of nonsense. It was attributable, also. to those degraded members of a leading — who, forthe sake of a fee, would undertake cngtins. Mr. Benuisn got the floor, and, after some discussion, the evbject was postponed till Monday, at 2 o'clock PETITIONS Were then presented, and the Senate adjourned until Monday, at 11 o'clock. rtions at | House of Representatives, BY BAIN’S ELECTRO CHEMICAL TELEGRAPH. Wasuinoren, Feb, 22, 1851. APPROPRIATION BILLS Mr. Bayuy, (dem) of Virginta, from the Committee of Ways and Means, reported « bill, making eppro prlations for the naval eervice, Retrred to the Com. mittee of the Whole on the State of the Union The House then took up the bil, making appropria- tions for the Post Office Department, and passed it. The Wcuse went into Committee of the Whole on the State of the Unien, and took up THE FORTIFICATION Bit Mr. Barty, (dem, of Virginia, eaid our fortifications to this date had cost the government twenty mil- Hons and a half of doliars. With the exception of | two. lately begun, they are all of them noarly com pleted. If gentlemen will oppose, let them direct their shafts at the new works, He defended ths policy of fertifications, invisted tual a had increased Ube necessity for (hem Mr. Goines, (tree sell) of Ohio, opposed the whole It had never been of a orn was throwing m be nbandoned civilization ally of rel rose to reply toa pon, but was deolared ene dem.) of Missisnippt Mr. Ewing in the 3 hich he was treated by Committee. Mr. B. co ch, end proceeded to take him from the | dd put bim ia the jogue of | wan iatore | direursed Linchguards Amendments were then Im the course | of the debate Mr. & offered an amendment, which he subse- ithdiew, appropriating one hapdred thous. end dollars in View of the money in the bill, mers 1 tthe fortifestions, He said that the rema: Washington “In tne of peace prepare for war, wedelu & barbarous age Mr rurprised by the | weutleman: and remind the gen’ | there were Other remark Country. one of which wi all thore who get up section county Mr ce Responded, maying th pd remarked that omba invoked t Royly clapped his hand M:, Clingwan made an argu he (Me B) approved of it felt and bir covetituents from ever hat bing to lead to éisnnion. jetersl motions. belvg made to rise, this being the twenty-recond of February, Mr. Vinrow ealled attention to the duriness, and enid that if gentlem: did not make greater progress there would be an extra ression = fle / fatenaed te ofr a resolution to ctop even five minutes debate | "ajtes some further divonerion, the committee rove, | ®ben | WAST McGavoury meved to Jay the bill on the table, | | which was carricd— Yeas, 19; aye, 61 | Yice—alberteon, Allen, Anderson, Averett Bowlin, Boyd, Cabell, Ky. € well, if Thempren, of | Mr. Bavir mo ate of public | ' © Mrrests In Boston. Boston, Web. 22, 1861. A seventh person was arrested this momning, charged with being concerned in the late mob this city, His name we have ascertained to be J.P Bmith, a colored man. On giving ball for his appear- ance next Friday at the Court House for examination, he was set at liberty. Boston, Feb. 22—P. M. ‘The eighth arrest for aiding in the late riot and res- cue of a fugitive slave, was made this afternoon. ‘The person was named Louis Hayden, # second hand clothes dealer in Cambridge street, and one of the lending spirits among the negroes of this olty. When takem to the Marshal's, he remarked to @ friend, who seid that he was a smart man, that it took a smart an to perform the rescue. He was ordered to give ball in $3,000 for examination hereafter, which was Promptly given by James N. Buffom, of Lynn, a noted abolitionist. Hayden has heretofore stated, at meet- ings ofthe blacks, that he wass runaway slave, and that he would shoot any one who attempte bim. The concluded. ichardH. Dana, Esq., one coun- sel for the fugitive Shadrach, testified to-day that he ue on Baturday, before the rescue, to Judge Bhew, ofthe reme eau for a writ of habeas corpus h, which was refused. Farthe Albany. Aunany, Feb, 22, 1851, The heavy rains of the past two days have swollen elithe streamsto a great height, and onsome the rushing waters present a grand appearance, The Hudson has agein risen above the docks, and the water is some inches deep on the first floor of the stores on the plerand dock, end is still rising fast. The ice is yieiting, but it will take some time to re- move the embankment of ice at the Overslaugh. We understand the river is clear below, except @ small space south of Rhinebeck, which was yesterday firm. Flood in the Mohawk: Unioa, Fee. 22, PM The Mebawk now is within a few miles of high wa- ter mark and still rising. The two o'clock P.M. train of cars from Albany is now some hours behind time, ond it is feared that the detention is caused by th of a bridge at Fonda, Whig Nominations In Kentucky, Loursvirie, Feb 22, 1851. ‘The Whig State Convention has unsmimously nomi- pated Messrs. Dixou and Thompson for Governor and Lieut. Governor. They will make astrong ticket. The St. Charles Hotol at New Orleans, New Onceans, Feb. 15, 1861 ‘The rebuilding of the Bt. Charles hotel is decided and arrangements are made to commence tb: immediately. It ia to cost $280000. The old agree to pay $50,(00 rent per annum. VERY LATE FROM THE SOUTH, ARRIVAL Splendid Steamship Prometheus, REE DAYS AHEAD OF THE DAIL: The steamship Prometheus. Captain Miner. arrived art night, from New Orleans, after a most oxtraor. cary paseoge, with Commodore Vanderbilt aspas- eonger. Commodore V. bas been absent two months on the Niceragua route. The P. made the run from the Belize, distance 1.900 miles, in five days and twenty.one hours; and from the city of New Orleans, in six days and five hours She brings New Orleans papers of Auaday, the 16ih inst., which are three days ahead of the mait, This ts the Grst time, in our recollection, that we have received, on Baturday, the New Orleans papers of the previous Bunduy. The Prometheus must bea fast steamer She made the run from Chagres to the bar at New Orleans, dis tance 1,400 miles, im four days and twenty one bours Bhe passed, yesterday afternoon, at one o'clock, a thip ashore on Brigantine Shoals. Sh» passed the Cherokee at two o'clock, off Barnegat Th en the Mthinst , for New Lork v/a Havana Annexed is a list of her passengers: — —Mrs M W Smith, A Buasac, ledy , U Emerson, J ; Nigeria, Meyer. MH Ocota, JT Vingulard, AG Leavitt, ¢ Davis sop, Wm Gila For Hay © Revdourque and eer M Ryerton, 8 E Johason, J Varamendi, Gol Wind: Judge Guicn, J Terradan, M Richor: Hutchings and lady, ML Armecia. ia " W A Mendvari, Capt Eirington, L Brigham, Mr Stuart, RK Armentier, L Price and servant, Mrs Kolte, Mrs Wil ndea A Roudow ems JM a M Treboise, G Campbell, bell, A Gusales, W Atkins, J Nelsen, Lieut and lady. Fon Cha —Mrs Bails and servent, Mrs 0 Cie- mens, child and servant; N F Owen and two led Beam. jn 4 child; Mrs O'Connor, four children and server kell aud two ladies, Mrs Larimer and obild, J 8 Lane, S H Lane, P T Wymen, W 5 B Hart. ley sud four children, MrSehobeld, Indy, child and servent; J Brown, M Plabta, TH Ulwroney, WW Kel ly, T Melireth and lady, Capt } Frivbe, Ul Sage, Dr Jd ¥ Rogers B Wolfe, J Faliheimer, @ Ry W Wallace, Chae Abbe. Jno Paine, W Billott, J ott, J Binok- well, Mrs0 Harman and three children, J Priebe, A Friebe, K Dresser, J H Kose, J thoudes, AM Hinkley, J © Hedepeth, W Bevens, © W Cock, W Donaldsoa T & Ancersop. D G Gilbert. PT Curry. T A Clements, B White, A ieil, P Musack, 8 D Mitohell J Alexander W H Kedding, J Donegan, M Donegau, & Fitagerald, © Brooke. 6 Cann, A Wilmoth. A Adem, M Thompson JF Brower, Mr Ferris. Hyde, Dixon W T Brown, TA Bre TO David MrseG Kelly, J Burton. J Fogaa, Joba Gregg, A Brickell, T P Mizkley, M 1. Tromboten, MD Church, FE J Frisbee, L Wilcox, P Beattey, W bevitt We take the foilowing report of the New Ori market from the Picoyune of the loth instant — New Oneana, Feb. 16-P. M.—Corroy —The heavy stock, and the absenoe of later accounts from Europe, owing to there basing been po steamer ot the Collins line on the 25th ult. has greatly depressed our mar- ket, and factors. to reduce theit stock, have been forced to submit to the offers made by buyers. The tales ct the week amount, in couse; uence, to 28000 pales, including 3,500 bales eoid to day, and the mar. het rhowing no activity or excitement, mad rates de- cliving dolly. Vries baye been rery frregular, parti- cularly for the lower and stained descriptions, to which cine mort of Lhe offerings by the tactots were restrict ed, they only reluctantly put the better quail. on the market, Those have deciined less, but they alto are lower, though the difference in price bs theen them and the lower queiitics ie much greater then in any former year. The purobates have been cbirfly for England, the south of Burope, and the con- nent. Northerm buyers having opecated sparingly he market closer languidly at 0 nexed quote tons, whieh are atti mennnre nominal --Taterior, Safisc.: ordivery, 9 @ LOKo; middling, Il alayo. good midd) ae live | middling 124 a 13\e, 18% al fair. 100 bbds onrequence, be nominal will bring down a ¢y pply, as reve are ready cor shipment at the abip- Fiocn — The demand baa been limited, 1 to wor ning pot exoeeding 12.00 bbis, 1 i 4 rong % pric Obio and Indians, $4 068 $4.20; [ilinote, $4.20 2 $4 85: extra Obio, $460, extra Tiltpeia and St. Lowis, $475 To day, wo io were sold at $4 12, 1.0 at $4 15, and 100 anbei 4 The increased receipts at the end of last fT 1 Deving beem very Ugbt themesives to be ont of eiook. price: $14 60 for mors, apd other qualities ortion Since then th ing cf the pevigation of the Obio hee caused ti actions to be confined to retail, fo, wBwe, and fevers struggle teen piece Detwees toes of the bill ana nay! motions to adjourn be be ® call of the Hovee, both of whic ly, at six o’olook, Mr. Toone moved adjour ich wae car. ried— the question om the motion to reconsider still pending. wire of Canal Stock, Vries, Fem, 99. 1864. The etock of the Pirie Canal Packet Company (run. ring between Roobester and Schenectady ) including the boats, horses, &o.. wee sold at auction ot the Ne tHomal Hotel today for $20,000, to Joha Butterfeld, otthte ofty The ortgt stock wae $146000. The Nine will be runas ueval the enauing sseaon. jy wale at Oe w lity at Be , 10 casks shoal- cured bame at Ie. heme beve met ithe Aleo 111 cneke Larp—The teeetpts bein wailed. thongh 9.6%2 © Te: No}, Rege. tMo. wwe. Herr 200 bbin. ware sold wither tiees have not No. inspection eamehip Falcon, Captain Hartatelo, left Ne» | | | 1 60 for mery, and $8 [0 for p M4 hale b oe at $6256 Wo bave not heard of a eale of prime mere, in tierore, 7 and to dey 111 carke at (Mo or reoders will Ond th marine eed. Low — 68 tiereee good Weetern were eld at OKe, latest Phip mows under the | VERY LATE FROM CUBA. ARRIVAL Mail Steamships Ohio and Cherokee. THE CALIFORNIA MAILS AND GOLD DUSY, hier, de, de. The United States Mail steamship Ohio, Jas. Findlay Sobenck, U,8.N., commander, arrived yesterdsy after- noon from Chegres and Havana. She left Hevana on the ning of the 17th, Bhe brings irom Chagres $200,000 in gold dust on freight. ‘The steamship Cherokee, Capt. Windle, arrived last night sbout tem o’clook. She brought $504,000 in old dust, and 116 passengers. The Ohio's homeward passage has been exceedingly belsterous, having experienced a succession of easterly gales from the time of her leaving Hava; arrival off Barnegat, which greatly retarded her pro- gress, and prevented an early arrival. The Ohio brings the mails anda large amount of gold dust, im addition to that on freight. She brin, 160 passengers, whose names will be found below. We are indebted to Mr.J. H. R. Fairchild, the purser of the Ohio, for many favors in the shape of news and late papers. ‘The steamship Cherokee left Chagres tor New York, via Kingston, Ja., two hours before the Ohio. The following is the SYROIN TINE CY HR C510: Coolidge & Co...... 7.600 Thompeon & Hitoh- cock And the following 1s the SPECIE LIST OF THE CHEROKEE. Adems & Co... . $145,665 Goodhue & Co... 1,650 E. Morrison& Co 1.600 14,336 Moller & Sand. 1,360 10,000 Dodge & Co. 1,180 8725 Johnsonk owden 1,000 6000 CH. Rogers&Co 12,500 6000 & 4500 40.000 4000 10 000 8.000 6,000 6,000 4.000 4.000 3,650 9,200 3.000 2,900 3 846 . 3,203 Gordon & Talbot... 3200 Slate, Gardiner & 3,000 CO. se eceeere 3.000 Heald, Buckner & 2,600 Be nas se sece 8 Schelifer & Bro. 2,326 Moses Ehelich... Harvey Loomis. .. 2,000 Everett & Brown. 2,000 Winter, Latimer & 1,800 1,600 Lord, Warren, Sal ter &0o......., 1,500 Thompson Hitch- e 1,026 A. Van Valkenberg 1.000 KE Zachrison& Co, 692 D, V. M’Lean..... 650 In passengers hands. DORM. se sone ctnccecocsceges cesececssccesensQOOOOes Anaexed are the PASSENGERS BY THE OHIO Ad Leavitt, J Martia, mw Larideon, R bt Cole, bs Bazan, lady and W Gillie, Sain! Osgood, serv ant, Wm Hunie, G B Frenoh, Mrs Sedracand F Delionsa, G Wikia, 14, ac Wm # Brown, ‘Turner Carr, T vita, Capt Mullingson, wou Bs pat y Walkor, dno Paster eder, O Fatlor, 4 Stewart, Poter Sohenck, B Bays. M 5 rT reatt Thomas Porter, | SV. Gu TG ‘ EMG 7 Wo 1 . Cay sheperd, L Jonge Beate, D vid Tinney I MS Wages a Aud the following are the PASSENGERS IN THE CHEROKEE. righ! ry N r a B N HOt Hor F Ran & Mo L Ka w OL Sis We ak re ene 5 2EC wopee est lor Dr A Andereon, bi Geo Derick, awe 4 st a, A Grew JR Golbrook, I de x 2 St 6 ow Ira 8 i8 w: Geo Ww as oh won Wa J wen ary P Bw c vad 3 ehil- Lp>eotots The Georgia, from arrived at Havana on the arrived fom K ingetom, (Jamaica) and sailed on the 10th for Polite, (Honduras) It was very gay and lively at Hay sotled. Ope A the Ravels, at the Tacon T alternately, were drawing crowded houses; marked baile wi well attended by the be fasdion of the place. Great preparations for siyal Were making. It commences sbout proximo. ‘The captain of a voesel, which arrived at Wavans the 1éth instant. reperted an Americ: teamer, with (bree masts, ashore on the Bah ies couth of Gan Key reef. She hed « siga: st from the divance he could not make ber out. saw a number of wreckers alongride, from ap, ences they were trying to get her off. ‘The greet quantity of local matter crowds out our Loven correspondence till to-morrow © the 4th Meteorological Observations, Feb. 22. HE MORSE LANE—OFFICR 16 WALL STREET ‘10 © P.M Tt hae rained simost isoossantl vit clock Thurs fuovirg ebout 8PM *y. Lgbily, lad weet; thermometer Rocunetee, OP. M — Ler weet, It bide fair for olen: ter 40 pune - Beaceer OP Mit pleraot day, reining thermome Bs iy. but not storming jast the wen! prerpeetof a to the mortbweat, it te ett ie Halling; t A pany ® M warm one 6 ip beremeter 67, 80 134, Trey. 6 OM ~ The weather changed tor the better lent neon and afternoon was delightful; wind southeast; Uhermometer 38, = en wenn ne — = THE FUGITIVE SLAVE CASE. Ww right, for aiding ve Slave ut Boston, (From the Boston Journal, Feb. 20 } : Agreeably to adjournment, the Court i ment, the Court os: o’clook. The court room was alread: densely Sle ey spentenens, apparently quite a1 ion of the Commissioner in thi: @ first case of the d whioh has ever been examined under the recent The Commissioner immediately proceeded to give his forleen: in this important and interesting case, as fol- 0 mination, as it comes before m: wuiry, by force of the act of Aug: ten 617, giving power to the it beens uit Court of the United Btates, for any crime or offence against the United States, to it 23, 184: ting the person therein who was ‘ally held in the custody of the Marshal of the United States, under arrest, as a fugit from service or labor, pur- suast to the act of 1850. chapter 60. he 7th sec- F attempting to rescue such tug! bor, from the custody of the clai persons lawfully aasist- ip, ed. pure: it to the authority given in the Act; or siding, Cova A in or assisting such per- fon, direotly or indirectly. in escaping from euch claimant his agent or attorney, or other person or per- sone legal, thorized ss aforesaid. That is, any per- ton legally authorized by this Act to hold or restrain such person im custody. It is made the duty of the Commirsi concurrent jurisdiction therein with the Judges of the Circuit and District Courts of the United States, to issue Cc under this act, and of the Marshals and their Deputies to execute all such warrants and precepts when to them directed. The peent in the prerent cary, is, {that a warrant was duly issued u the proper preliminary evidence for the arrest of one Shadrach, a colored person, alleged te be fu, e from service or labor, and who had escaped the Btate ot Virginia, accor: ofthat Btate, and was claimed by the agent torney of the person to whom such labor or ser- ‘he Marshal makes his return, t in obedience to the warrant, he had arrested the within named Sbadrach, and then had him,to wit.on the day of an alleged rercue, before the Commirsioner for ex- amin It has been objected by the defence. that the 1d return of the officer are not conclusive. the case for which the return was made, But they are clearly conclusive of the fact of arrest in that case, \d thus prove that at the time of the alleged rescue, a party claimed and held in legal custody by the propsr offieer. under s lawful warrant was so held under ar- reet pursuant to the Act of Sept. 18,1850. While so arrested as an alleged fugitive, and after he was com- mitted by the Commissioner to close custedy in the bands of the Marshal, for the very proper purpose of giving time to prepare bis defence against the claim and much insisted on by the learned counsel for the defendant, is, that the prosecution must prove affirmatively that the prisoner so rescued, while under arrest, was the identical Shadrach claim: ed. and that he was held to service and labor by the laws of Virginia, This would involve the trial of the question of claim in the absence of the person claiin- ed; so that in the bearing of a charge of the offence ot ® rercue, the trial of the claum, which was interrupted by the escape, must frst be disposed ot, before a party could be prosecuted for aiding in such’ escape. The hearing of the claim is, to some extent, judicial, and determines the matter; but the present hearing is oaly preliminary to a discharge or holding the patty to an ewer. Hence, ifthe ground taken be # correct con- struction of the law, it would seem to follow that in every case of an arrest, @ reseue may be made with impunity, becaure the trial of the claim to the service could not be determined efter theescape. If the objection dees not go to this extent, bat m ouly that there must be prima fucie evidence that the pereon rescued was @ fugicive trom service or labor, and was claimed as such, that evidence for all the pur- pores of this hearing. i found in the warrant and re- turn; the identity of the party claimed is connected with the arrest, and returm by the testimony ot t! Deputy Marshal that the person rescued was the per. son arrested under the warrant. Dhe sixth section of the act refers to the person who is clsimed before ad- judication. a8 ‘such alleged fugitive.” and this is his relation, until the bearing upon the claim shall be concluded The next following section makes it offence to rescue “ruch a fugitive,” “while 60 are ed” in pureuance to the authority given by the act. In this view the evidence from the warrant, the re- corde of the court in Virginia im pursuance of the act. and the testimony ot Mr Commissioner and of the Deputy Marehal, are satis‘actory te my mind, making out & prime facie ouse On this point. fendent. if able. might have rebutted it by pro: the wrong person was arrested, or that he was not fugitive under the statute; but no such evi deen offered; and the escape of t the aid of those who would pro him on that ground, as they bad bad euch defence been availa! n The objection, other form of trial sto be judicially settled by a competent tribunal; but in this prelimi bury hearing it is not my duty to net aside the lew vpon nie critical or technical objection: therefore. that the body of the orime (i hat contemplated by th: r The only remaining i charged is sufficiently made out against the end on this question I have no po sue of guilty or not guilty. The simple issue bh (ae ip ell preliminary matters in bear: . Dot having full jurisdicth lence ) whether there i+ sufficient evi arty to the proper tribu: rand Jury. My deoisi efirot Upon the guilt or innocen an only determine whethe: ld for trial befor court of ing eognizanes of the alleged offemoe toa declion, Lom bound to take the mani! dence. it it make out such a ense ‘on of the magistrate, would requ Grand Jury to find ‘ue bill of indi 1 am obliged to come to that conclusion, wi doubt or hesitency in my own judgment for this conclusivn it is unpecessury to state wit! putenesy, The cefendant was mot material er, aud the pat 8 true reporter bay counsel tor end the refu vinee of @ sepor' 9 disregard of, P land in this particular; a law hich, *o long as it remains a law on the atatute book, not pronounced void by the constitutional | to do eny when the Oblo he 1. is binging like all Inws upon good cltizas is not to aor od eo to inter. od carrivs out by & breach of law, o1 og | the constituted tribunals, as race tbe ealled upon to ta. | . and apply the punishment The detendant is not held as bas been suggested for t citizen may hold and expre: inst any particular inw, tak o change jG toanawer it Bot if be carries his opinto overt act against law, he must answer tor that asthe law bolds ail to anewer who violate ite ctions §=In a goverument of the people, where all Jaw ix monde or unmade by the majority, the eitis | who koowingly and wilfuily violates law. commita crime againet himerlf. as weilasegainet society A: he claims the general protection of all law tor the recurity of bie property aod person, he can have | no right. under that protection which # govern | laws gives bim. to violate « particular may dieepprove, and thereby ret the ex dering rociety unente. by bringing the inw: intocoptempt. There euggestion plicable to the case and bare hi onelurion I of arg a adopted by one of the defendant's counsel. ne unfitted to the aspret of this cane in ite beariog upon the den- | gere ard the duties that surround un. as citizens of the Commonwealth and of the Union. M- conclaston ia feuding wp the compiaine t* determined mainly by the bearing of the testimony apon one point The weight of the evidence goes tr establish the fact that just sbout the time the rush wae made by the rescuers from the cutelde that act wor either preceded or ac companied by ® call to come in. Three with: re poritive that (his invitation came trem the defendant, and one cther witness beard the words “some in,” oF | Morning Journal, © paper favorable to the pol | of Mr THE NEW YORK HERALD. meny of Mr. Davis, for the defence, does mot necesse- rily conflict with this current of the gover at's ony. He says that when he went out he did not see the defendant at all; that as he slippsd eut he sow k on the door then the door was closed immediately after he saw the fingers on the door, and he made out to get down to the landing. But ' if there is & conflict of testimony here, it is of that mature that it is the provinee of @ {ey sad not of an examining magirtrate to settle i If the call toowme in was made by the defenda' it could have been only for the purpose of invitin, alding in a rescue, because at time the defendant knew that the Marshal hed directed all but the oflcers to retire, with the view of keeping the prieoner in close d nome but the officers, the prisoner, and nt were there as the mob broke in. Such Qn act. followed an it was y the rescue of the prison- er, and the conduot of the defendent before and at the time, would seem plainly to come within the of the statute, constituting, directly or indirectly, the offence charged. Th» defendant has tailed to explaim the evidence against nim here ; { earnestly hepe he may be able to do so eisewhere.' The defendant is or ed to recognize in the sum of three theusand dol. ee eee a bie appemance at the District Court of the Un! next to be holdenin Bostom, the third Taceday of March next. After Mr. Hallett bad concluded, Mr. Sewall sal@ that as the penalty was but $1.000 and six months im- prisonment, be wished to enquire if the court had doubt that half of the amount of the present bail w be sufficient to hold the defendant. Mr. Hallett.—* If the prisoner is not able to give bail in the sum of $3,000, I should be glad to entertain your proposition " Mr. Sewsll —I have no doubt that he could give $5¢,000 ; but if $1.000 was sufficient to hold Gen. Quit- man. who is under arrest for treason, I think $1,600 er 91.000 is sufficient to hold Mr. Wright,”’ Mr. Hallett —I am not at all disposed to have the bail excessive in this matter, and therefore in consid- eration of the representation of the ceunsel for the de- fence, the bail is fixed at $2,000. Mr. Sewall then became surety in that sum for the appearance of Mr. Wright before the district court of Pog pane Btates on the third Tuesday of March next for - Our Washington Correspondence. Wasuinaton, Feb. 19, 1861. The Hom. T. B. King’s Appointment before the Senate. It is stated in the Courter and Enquirer that the Hon. Thomas Butler King’s nomination as collec tor of the port of San Francisco, California, has been reported upon unfavorably by the Committee on Commerce, and that it is evident therefor, if it is not withdrawn by the President, it will be re. jected. This is not true. The nomination has not been sent to the Senate, and consequently the matter has not yet come before a committee of that body. The point, however, which may be takes: against Mr. King’s appointment is, that he received it during the time for which he was elected to Congress, and that the office was created during that time. The words of the constitution seem to be explicit that no member shall be appointed te any new office during the time for which he was elected. Mr. King resigued, and never took his seat in the present Congress, to which he was elected tll the 4th of March next. The Senate had the matter of such appointments before it im executive session last )eur, and itis understood came to a decision upen it. This, of course, cam- not be unknown to the executive, and it is there fore improbable that he would have appoiated Mr, King, unless he was aware that there was no ob- stacle to his contirmatien. [tis well known that @ strong Seward influence is opposed to Mr. King, which may acconnt for the ‘‘romance” of the Courter and Enquirer. The President will reply to the resolution of the calling for information with regard to the Bostoa outrage, to-morrow. It 18 understood that orders have been sent to the commander of the United States troops there to place them at the disposal of the authorities, and, if neressary, the militia are to be called out also. Strict orders have been semt to srrest all the parties to the riot, and a thorough examination wll be made into the conduct of Unved States officers. The Presvient is ia ear neet, and will do everythiog ia his power for the vindiextion of the laws: Mr. Barton, of Mississippi, was confirmed es Chief Justice of New Mexico, to-day. Wasmincrox, Feb. 20, 1351. Scraps af News. Mail steamers, ai] of them, gone te the tomb of tae Capulots for this eersion, French epoliations go Tariff prospects gor Cheap postages as good as gone, from all appear ances Nothing absolutely certain except the appropriae tiene, andthe budget always passes’ Biree the recent publication of the Mexican corres: pendence M. Reras bar addrresed @ letier to Mr, Webster whieh raises m question of veracity betwecm the twe gentlemen More «pon Our Jawaica Correspondence. Kineston, Ja, Feb 11-11 A. M The Late Reot—The Governa— The Press — Ameri. can Emieration—The Weather—Nom arrival of the English Packet The Creecent City, which leaves ber wharf pre- | senuy for New York, will be the bearer of very litde intelligence for the Herald. Tneoaly matter ot any interest that occupies the attention of the public, is the Suint David's murder and riot, of which | wrote to you in my Inst letter. Tae prime movers in the eflair, or rather those who are sus pected as being the prime movers, have eith been placed in custody or admitted on bail, to a swer at the assizee any charges which the Attor, ney Gereral may prefer against them ; and I have no doubt, ab fer es that officer is coaceraed, that every effort will be directed towards bringing te punishment the lawless characters concerned wm the disgraceful afiray. His Excetlency Su Charles Grey, our Governor, has vinted a special com- Mission, Composed of three jussices, to inquire inte al the circumstances connected wih the matter, aod to escertain how far any jastices of the pariah, in which the riot occurred, may have countenanced A body of troops are stationed in the purish te protect the civil authorities in the performance of their duties, but T do not think there need be any apprehensions of turther outbreak in coanection with the matter The comments of the press have been strong ow the subject. What may be called the conservative preee have broadly stated the whole of the affair to have been premeditated by the friends of the “povernment candidate,” Mr N . if not by Jo opposition to this, it is argued by the 3 Nunes, that the riot arose from the eball tion of feeling on the part of the people, a etate- ment which the majority of writers on the ew yet deny, and which denial | think perfectly correet Thie I can avow, that more powerfal arucles th hove been writen on this question never a9 1a in the Jamaica papers “Those of the Morning Journal have been brougiht to the notice of the Attorney-General as being seditious, but Ido not believe them to be 80 The Legisleture of the island will re assemble this evening for the despatch of business There | heve been a veral adjourameate from time to tine, | in consequence of the pravaleace of the chole but I think now that the busiaess will be procee with. The cholera has not entirely left the island, aw i now prevails on the north side of the island. It has, however, | am happy to state, | ceased torage asanepidemic. The subject of American immigration is ¢ ing the attention of parties here, and the island preee advocates the propris'y of inviting the colored yopulation of America to the island. Many letters ave been wri'ten on the subject, and there ie @ prize of five guiness now offered by a gentleman who takes an interest ia the subject, for the beat written address to the colored laboring classes of opr place 7” The wenther hae been dry and suliry during the lvet fortnight In Kingston it is oppressively hot in the days, but rather bleaky at nights. The planters are complaining very much on accownt of he drought, fears are entertained that the ‘op this year will bea badone. Up to the ani ing of the Oreseent City, the English packet with the moils from Europe, which was four days over | ‘im in. This exelamation could not have some from any person outaide of the dor, all the circumstances surrounding the ds fend io the tertimony. tend to fx it upon him Mr. P. Riley aw the defendant etonding Inthe jury seats. doing nothing bat the precise time i@ left uncertain becaaee be etates that bit attention was occupied by the pric tt the prisoner and rushed to ed between the balse door and the nd he there pointed to the pi ch he bad no #eapon aw id shoot him if be stirred bh other testimony, ten din forced hack or earns with the rash of due, had not yet made her appearance. Barbarity to Cattle, TO THE RDTTOR OF THE