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

renee Le orem _— NO. 6711. WHOLE MORNING EDITION SATURDAY, MARCH 8, 1°41. THE NEW YORK HERALD. PRICE TWO CENTS, DOUBLE SHEET. NEWS BY TELEGRAPH, AFFAIRS IN WASHINGTON. THE HORRIBLE DETAILS OF THE EXPLOSION OF THE STEAMER OREGON, Great Destruction of Human Life, Proceedings of the New York Legislature, &e. &e. &e. The Bank Dificulties. Avsany, March 7, 1851, ‘The paper of the Lewis County Bank is not taken Beretoday, Pas The Latest from Washington. Wasnixcron, March 7, 1861. RATIFICATION OF THE TREATIES WITH MEXICO, POR- TUGAL, AND SWITZERLAND—CONVICTION OF THE NEGRO ACCOMPLICE OF CHAPLIN, &C The Senate to-day ratified the treaties with Mexioo, Portugal, and Switzerland, which I mentioned in my despatch of Wednesday. A treaty with Mexico, negotiated by Secretary Clay- ton, providing for the extradition of fugitives, waslaid on the table. ‘Th pointment of the ne Mo., was approved. ‘There were no ix portant confirmations. Mr. George Evans declines the chargeship to Nicara’ gua, and his name has consequently been withdrawn by, the President, and John B Kerr’s substituted. Mr. Kerr's nomination to New Granada has of course been withdrawn ; no name has been seat in his place. Mr. Easby, Commissioner of Public Buildings, has ‘Deen reported favorably upon. No other nominations ‘were sent in. o7 A motion was made by Mr. Atchison to adjourn sine die on Monday, but no action was taken upon it. Hugh N. Smith was rejected yesterday, by the Be- nate, on“acoount of his abolition opinio: Negro Harris, charged with assisting Ohaplin, in the abduction of the slaves belonging to Messrs. Toombs and Stephens, was found guilty by the Oriminal Conrt. e penalty is two hundred dollars fine, with rts. © ‘The second trial of Travers’ Will case, involving bout two hundred thousand dollars, is now progress- in the Cirouit Court. Postmaster at Bath new Trinity Episcopal Church, Rev. C. M. But- Jer, . will be opened for divine service, next Ban It is a beau Gothic structure, and ao ornament to our city. THIRTY-SECOND CONGR: BY MORSE’S MAGNETIC LINE. Senate. EXECUTIVE SESSION. Wasuixcrox, Maroh 7, 1861. CLERKS IN THE DEPARTMENTS, Mr. Henrer offered a resolution, directing the Becre- taries of State, Treasury, Interior, War and Navy, and ‘the Postmaster (eneral, to report to the Benate at the ‘ext session, some plan for classifying the clerks in ‘those departments —{or apportioning their salaries ac- e@ordip ;to their services, and for equalizing the sal Ries of All the clerks of the same grade. Also, som: plan for a fair end impartial examination of the quali heations of clerks, and for promoting them from ene grade to another. Agreed to. EXTRA COMPENPATION TO EMPLOYEES, ETC. Mr. Donor, from Lowa. reported back the resolution allowing extra compensation to the employees of the Beveral motions for leave to withdraw papers, and ‘to print documents, were agreed to. QUESTION RELATIVE TO THE COLONIZATION RELIEF BILL. Col. Jerr. Davis offered a resolution, directin, Committees on Enrolled Bills to inquire whether the due forme of law were observed. in gettiag the Presi- dent's signature to the bill for the relief of the Ameri- ean Colonization Society. Laid over. EXACUTIVE PRSSION—THE SMITHSONIAN INSTITUTION. The fienate then went into executive session, and sat ‘till near four o'clock, when the body rose. and ordered the printing of three thousand extra copies of the re- port of the Regents of the Smithsonian Institution, The Senate then adjourned. NEW YORK LEGISLATURE, Senate, BY MORSR’s Live, 16 WALL STREET. Avnaxy, March 7, 1851. ASSESSMENT AND COLLECTION OF TAX. ‘The Senate ordered the printing and distribution of Mr. Ciolius’ report on @ better more efficient ystem of assessment and collection of taxes. STATE STOOKS. Mr. Moncan offered the following resolution, which wasadopted -— Resolved, That the Cemptro! the Senste, whether there be tO Report what velonging. 6 enactment for the relief of HELLS REPORTED. To allow the New York Medical College to form Providing for the payment of « d. For amending gers landing in the city of New York Amending the act incorporating the New York Academy LANTING AND RAILROAD FARE introduced « bill reguli river and the creeks of Westchester county M introduced s bill reduetng ¢ etween Albany and Buffalo ex aTORSiP tion of « United States Senator end tors ruch officers This of Mareh, both houses sh @ Senator, as regulated by ti exitting lew nevi vor Tip srare The bill provi for the eree Dullding fer the State library was p and reported to the louse. ‘Th wRany of a fire proot 4 in committes bank departme TO MARINERS. e INTRA RSTENG The ame committ act to provide for ate provides that the Mayor, the President of the C: of Commerce, the President of the Marine Society and the Board of Counreilors of Marines and the Family (ndurtrial Society, shell act as rin The tr of the Seamen's Fund were ¢ 4 to pay over to euch trustees the eum of $16,100, tegether with the in- terest paid them by the Comptrolier ot New York, on Dec, 14th, 1847. Said trustees are authorized to ap- ‘optiate @ rofiicioncy of the funds to erect a auitable building to cerry out the previsions of the act of Nor. 16th. The balance if any, to be expended in relieving cick and dita bled seamen ‘The Assembly then adjourned The Lorton Mioters € Mr. Fillmore invited to Boston, Bosron, Marto’ 7, 1861 The Daily Advertiser of thie morning ecutalar a com- | munication from George T Curtis, explanatory of, and sustaining, bis position that the recent negro riot was an act of levying war against the United Stater, and ere‘ore trearon, subjecting the participators to the y of death mittee of thirteen to invite President Fillmore to visit Boston KInapping Slave Case— Maryland Conven- t we Limon, Marob 7, 1861 The Governor of Pennsylvania has cent a requlaition B to the Governor of Maryland for James 8, Mitohell, ot | Jeoli county, charged with Ridmapping a free negro, eartyiog him to Maryland. Mr. Mitchell's slave ts ago, and during her absence had « child The agent of the owner had scouted hor and he child and brought them back The Governor of jin considers theoh ldfres bora Governor ver Mitchell as fugiti letter to the Gov: have adopted debt, by a vote ad @ eavy tall of ano Tt is now for and rleighs are ru dus, has arrived. ers and other shell fith in Harlem | & bill providing for the elec | red with Treason— — ommon Council last wight appointed «com. | Auful Particulars of the Expiosion and | The Bosten Fugitive Burning of the Steamer Oregon. Cincinn ars, March 7, 1861. The steamer Oregon, bound down from Louisville, while passing through the shute of island No, 82, at 1 P.M, onthe 2nd in: burst her boiler with « tremen- dous report, carrying yy the forward osbinand up- per deck, and killing and wounding 60 persens. Bhe was heavily laden, and had from 80 to 100 pas- eongers, who had just finished dinner, and were gene- raliy collected in the hall, and on the forward guards, at the time. Bhe took fire after the explosion, and burnt to the water's edge, and being in the channel of the river, and under way, would have consumed all those on board, but for the istance of the Iroquois, which wa’ wooding within a mile of the Oregon. Upon seeing the explosion, Captain Lee, of the Iro- quois, gave orders to go to the relief of the Oregon, But few minutes elapsed before she was alongside the Oregon, The flames had just burst through the hur- Ficane roof. Men, women, and children, were col- lected together on the after part of the boat, without the means of getting away but by jumping into the rive The ehrieks of the women, the frenzy of the men, ready to leap overboard to avoid the more horrible death by fire, and the groans of the scalded and dy- ing, and the piteous lowing of tne cattle, baffle de- cription. Captain Lee ran the bow of the Iroquois aft of the Oregon; and ladders being placed from the upper deck of the Oregon to the lower deck of the Iroquois, all on board the burning vessel who were able to walk,got off, the Iroquois being all the time in great danger of taking fire. Capt. Montgomery was ths last man to leave the wreck, which he did just as the Iroquois was backing away. The parting of the boats caused the ladder to falland precipitated Capt. Montgomery into the river, from which he was resoued with several bruis ‘The clerk’s office was entirely blown away, together with the books and papers of the boat. George Brown, first clerk, was in the office at the time of the explo- sion, and was killed. The waiters in the cabin were at dinner, and all were killed, except th ward. Fight white firemen were killed. It is impossible to give a correct idea of the loss of life, nothing having been left whereby to ascertain names. ‘The floor of the Iroquois presented an awfal sight’ The Oregon was scuttled, but it proved useless, as the burning of the upper works caused her to rise taster than the holes could allow the introduction of water to sink her. ‘The steamer Bulletin came up soon after the acci- dent occurred, and endesvored to extinguish the flames by means of her engines, which however, proved abortive. The passengers of the Bulletin afforded much aid’ and remained aboard the Lroquois until they reached Memphis, when the sufferers were taken to the hospi. many of them in the agonies of death. The Iroquois had on board twenty-five of the scalded) eleven of whom died before reaching Memphis. The following is a list of the killed and wounded, as far as could be ascertained : — KILLED. George Brogon, firet clerk. Richard Young, of Shelby county, Kentucky. William Miller, of Harrison county, Indiana. Mrs. Asher, of Louisville. Patrick Murphy, Louiaville, Patrick Lyon, deck hand. William Lerkin, Louievitle. Bix cabin boys, one engineer, name unknown, and seven firemen. SCALDED AND INJURED. Capt. Montgomery, badly burt. Barrett Mulliken, olerk, oom: ' 3.0 ee y> \y scalded. ©. Atkinson, Calloway ; o, do, ~~! Iseue J. Felis, Princetown, Indiana, John Johnson. do. Jno. M. Cox, of Nelson county, Ky., slightly. ESCAPED UNHURT. Mr. James, pilot; Mr Dean, eteersman; Mr. Peck. bar- keeper; Jobn White, steward; Mr. Mil mate; Peter Brigg, watchman; H. Smith, carpenter; Mr. Curd, wife and three daughters; Wm. D. Quissenburgh, of Ga DSs.R ndson, of Indiana, three engin: anda number of slaves. THE INSURANCES ON TITE OREGON. Lovisvinee, Maret 7, 1851 The Oregon's freight was insured here for $40,000 $10,000 in Baltimore. and $10,000 in Boston. She had about 1.000 tons of freight. The boat was insured here 10F $20 000, but the offices will mot pay It Still Another Steamboat Disaster on the Mississippt. Sr. Lovrs, Maroh 6, 1861. ‘The steamer Balloon collapsed a flue this evening in backing out from the landing. One man was badly scalded. ¥ Re-Appearance of the Cholera tn the West. Jiwcrnvatt, Mareh 7, 1861, ‘The cholera bas appeared, in @ mild form, through- out various parts of the Wost, but mostly along the rivers. Another Fu tive Slave Case in Philadel phia, &e, Pustavecenta, March 7, 1861 A colored woman, named Helen, and her son, quite & small boy, were arrested at Columbia, end brought to this city this evening, on a charge of being fuxi- | tive rlaves, from Maryland. They will bave a hearing before the United Stetes Commisioner to morrow morning. ‘The brig Clare, from Cardenas, arrived here to day, reperts the decease of J. De Wolfe, the firet officer of | that versel. He was buried at sea March 7, 1861 | Mr. Thomas 8. Wilson, the secretary of the Board ot announces that the breaches on the main line of the Pennaylvania o are all re. paired, and navigation bas been resumed throughout the extent of the line. The transportation between Phi'acelphia and Pitteburgh is conducted without in- t rruption. | In the Senate. to-day, a memorial was received from | the relatives of Wm. Wethereli, against his applica tion for adivorce. In the House, a bill was intro. | duced in favor of the divorce. Meteorological Observations, March 7, BY MORSK’S LINR—OPPICE 16 WALL STREET Rocnseren, 8A M.—Fine, beautifal morring, eun | shining brightly. and the air very clear: thermometer 40; wind northwest 8 P.M. It has been a fine day, with a bright run, but it is cloudy to-night; thermo. meter 23; wind northeast Aveurs, 8A. M.—A fine morning; sun thining very pleasant; wind north; thermometer 40. 8 P, M.— Cloudy and cold; wind north; thermometer 51 Brracuse, § A.M —Bomewhat cloudy, b to leaeant; wind northeast, thermometer 33 82 M thee been a clear and plearant, but cool day; wind | north; thermometer 31 of m Orwvao, 6 A.M. Fine, plearant morning; rather | cloudy; wind west; thermometer $1; barom 0 42 Uriea, 8 A. M.— Plow wind north west; b wind nert thermometer 04 but quite pleasant barometer 29 fx Atrasy, 8 AM & P. M.—Cloudy, | ; thermometer 22; | It ina little clow cury in barometer 68; thermome has been cloudy and quite warm all d are no indications of a storm, wind p " of er 10 340; mercury 71; thermemeter 2 Trov.8 A M —Clondy and mild; no wind; thermo- meter 1. 6 BP M.—Clondy and mild; light from the touth; thermometer 31 | varat. OAM bard frest last pight Poantifol morning, with «bright wind west, thermometer Beautiful morning ter 99.90 | | | wind wont; | and cold; thermometer i4. | | OFFICR 29 want sreent At Fort Parker 3 P.M, barome. | ir atteched 41; do detached in teky and wind east northeast d for Cleveland or De. | troit. They are, ho ing from Sliver Creek. | The ttage route te that pl fs very bad | Fest Pua, OB, M.—Cloudy and warm; thermome. ter ot Kisestox, 0 DP M.—Temperate, but clowdy, the roads have quite & summer eppearance; wiod south- wen Travers, OP M—Ttle milder hete this eventag, with the appeerances of @ storm, wind couch west. | RY RAIN’S LINE | Rorrato. OP M ter 20 62; ther | the opem air, § There are po b Prestients Message pf: [from the National intelligencer, March 6.) As documents possessing general interest, we publish below two reports, expressing the views of the majority and minority of the Judiciary Com- mittee of the Senate, in response to the message of the President of the United States, relative to the recent case of resistance to the Fugitive Slave law by a mob, in the eity of Boston, These reports were laid before the Senate in the last hours of the session op Tuesday, too late to receive any consi- deration by that body. REPORT OF THE COMMITTEE ON THE JUDICIARY. Mr. Bradbury, from the Committee on the Judi- ciary, to which was referred the measage of the President of the United States in answer to a re- solution of the Senate calling for information in re- lation to the recent disturbance at Boston, made the following report :— ‘The committee being called upon, near the olose of the session, to consider the subject involved in the message of the President, deem it proper at this time to confine the expresion ef their opinion to one or two points presented in that document. That the executive officers of the government should posers full and adequate power to enforce the execu- tion of the laws will not be questioned; and the com- mittee are of opinion that they possess euch power now, without the aid of further legislation. In the execution of judicial process, the marshals and their deputies have authority to call to their assistance, whenever it is necessary, the posse comitatus within their jurisdiction, and, to adopt the language of the President, “it is supposed not to be doubtful that all citizens, whether enrolled in the militia or not, may be summoned as members,’ and thatit is their duty to obey such summons, ‘The committee are not aware of any reason that exempts the citizens who constitute the military and naval forces of the United States from like liabilities to this au Beoause mep are soldiers or sailors, they cease not to be citizens; they possess all the rights and are bound by all the duties of other citizens; and while acting under the call and direot‘on of the olvil autho- rity, they may act with more efficiency and without objection in an organized form, under appropriate sub- ordinate command. The Constitution of the United States, and the laws of Congress passed in pursuance thereof, being para- mount to State legislation, no Btate enactmonts in con- filet with them can nullify them or exonerate the citi- zen from his duty to render them obedien When occasions arise (which must necessarily be rare,) when the civil power proves inadequate to main- tain the laws, the President is authorized by the acts of Congress of 28th February, 1795, and March 3, 1807, to call forth and employ. in the manner prescribed by there acts, the militia of the States, and the land and naval forces of the United States, to suppress insur- rections, and to enforce the due execution of the la A review of the aren posreased by the Exeou by virtueg of existing laws, to which we have herein alluded, and the experience of the past, have led the committee to the opinion that further legislation is not essential to enable the President to discharge, as we have confidence he is disposed to discharge with fidelity, his high constitutional duty, to see that the Jaws are faithfully executed. The committee, there- fore, deem it inexpedient to recommend at this time further begislation; and ask to be discharged from the further considaration of the subject. REPORT OF THE MINORITY, BY MR. BUTLER. Mr. Butler, from the same comunittee, submit- ted the following¢nixority report :— In submitting my views on the message of the Pre- sidentgreterred to the Judiciary Committes, it is not my pur; to express my dissent from the general aad upq fied conclarion of the majority ot the com- mittee, to wit, that itis unnecessary at thistime, by further legisiation, to give the President power over the militia and milit: forces of the government for the purpose of eee ing insurrections and cembina- tions to obstruct the execution of the laws. ‘here are eome subjects of the mescage presented to the consideration of Congress, and which address themselves specially to the consideration of the com- mittee, upon which I feel it a duty to express an opinion, lest by sileace there might be a tacit recogni- mn of one of the assumptions, and aa approbation of some of the recommendations of the message. Freiouiy to the act of 1807, it seems to have been the implied understanding of all the departments of the government that the President was confined to the railitia to suppress insurrections against the State overnment, and to suppress combinations against the ws of the United States.” The act of 1795 indicates the occasions at scribes the manner in which the militia shall b id out andemployed. The President cannot order out the militia to suppress insurrection against the State government, without being called on to do so by the — or executive authority of the Btate con- cerned, Te ruppress combinetions against the laws of the United States, it is the duty of the President to judge of the ocosasion for calling oat the militia. On ali occarions for calling out and employing tae militi was made the duty of the President, by the act refer- red to, toissue his proclamation as a warning to the employment of for This provision was founded in usage, and has bad the sanction of time, trial, and ex © [tis but the warning voice of @ forbearing ment There might be some occasions when the interval between such warning and the actual employment of force might be of some duration. Other occasions might be such as to require the force to follow in quick succession to the warning of a pro- clamation. ‘fhe order to call out the militia and the proclamation might emanate at the same tims. It seems to have been in contemplation by the act of 1796 to put at the disporsl of the President a quasi military posse comitatus Of ckizem voldiers, to maintain the dominion of the laws, in which they had she interest of citizens. It was to make use of one of citizens to bring another to a sense ef justh proper submission to the laws I approve its w: An insurrection would be much more easily quelied by the array of neighbors fellow eltizen: employment of @ trained and organized army, who only influence would be the employm An overwhelming force might be employed in the firs whilst the other might only be strong enough to ke collision, and end in blood Whatever might tors, it is certain that uot 'y fores put at the dispozal President to suppress lasurrection, & 0 The act of 1207 is in theee words insurreotion, or obstruction to the laws, either of the pre- United Stater, or of any individunt State or territory, wi wfnt tor the President of the United Staten to call forth the militie for eupprowsing much im eurrection, or causing the laws to be duly exeouted. it shail be lawful for him to employ for the same purpose of the land and navat force aa shall be neces. aving firet Observed all the pre-requisites of the law in other respecte.” Bo far as It regards the employment of the army force, the President maintains that h ot to no pre-requisites of th t referred to, bi that they are absolutely at bis command for the pur- pose indicated f the President are: © Cong Bot pr ing to the difference between che mili- tia and the regular army, by the act of March 34, 1807, authorized President to ase th the jand and ‘naval arpose for which power of t commander of is general, and bis duty to see th genere] and poritive; and (he be construed as evineing any to limit or restrain any cf Bie constitutions! author: ity.” The import of which is, that the President may use the army and navy as he may think proper, uuder the pleniude ot his constitutiona! authorily; aud that he is not constrained by the act of 1807, not oan he be Testrained by any act of Congress commender furrections ia a manner different from that ia which he istequired to use the militia For the specific and romeatimes delicate purposes in- dicated. (think Congress has the éircotion of the President. Whenactually in command, for repelling invasion, or for any other purpose, he must exercise bis own judgment, under his constitutional discretion. In ove :@ntence, I deny that the Presideat has eright to employ the army and navy for suppressing insur. rections, Kc, without observing the enme pre requl- nites prevoribed for bim in calling out the militia for the same purpore, His suggestion in bie meseage is, that he shall haves right to employ the militia, as he contends he har « right vuder the constitution to empioy the regular m: Htary joree ; that is, without notice of « prociamatio: Ido nt think be has the right te call out the military foree of the government without observing the pre-re- juisites of the act of 17%; anal am wawilling to give him euch power in calling #ut the militia, I would re- gerd it a a teariully momentous occasion to pee the army calied out to Moot down insurgents without no- tice oF proclamation end rubjeot tothe same | The truth is, it must be regarded ae a significant | omen of the times to be told that » marshal, under his plenary power to call out the posse comitatus, oannot execute courtituiionsl laws without resort to forces, ond that to be executed with the promptness of exeou- tive will o@ and the oocnsion require me to say t the power contenaed for would ntexecutive The precedent for th dires- sion of a mild and jnat President may be the rod of wer fore military detpot February 98 1851 A. P. BUTLER Tmportant—P radia, Our Derlin advices are of the 19th alt The Conferences wiil close almost immediately ‘The ministerial papers protest against the endeavors of Austria to separate Prussia from her lesser alties. According to the statement of there pspers the follow. bg propositions were made to Baron Mantenifel 1. Thatan Executive Board of nine votes be created, to be presided over by Austria 2. That a Federal War Office be created under the Archduke Albrecht and the Prince of Prussia 3. Thats Legisiative Board be iastituted Presidency of Praasia, Austria. propores to enforce there the protests of the amatier States lane, in spite of ‘rusia refuse: to 7 There were So desthe in Balimore during the week ending the £4 instant. ‘The Legielature of [ilinoia adjourned ene die on the 17th vit. etter @ eeasion of furty-two days, Supreme Court—Special ‘Term. Be‘ore Chief Jussice Rdmonds Mancn 7. The Case of Kay Tompkins —In the mat- ter of Ray Tompkins, the case was syain brought be- fore rbe conrt on /aleas, to enquire whether there was sufficient evidence, in the testimeny adduced betore the police justice, to warrant him im binding over the defendant to answer the charge of false pretences Messrs, FB. Cutting, N. B Blunt, District Attorney, und Noyes, appeared for the prosecution; and Messrs. John Van Buren, Ogden Hoffman, and Jonas Philli for the defence. Some discussion arose as tothe pro- priety of commencing the case as the judge said, from the number of causes which were already before him and awaiting his decisten, he could not devote more than one day to the hearing of this exe, Me Blunt thought that it was imposmble to dispore of it in one day, as treme time would be occupied im the preliminery argument. tir. Van Buren was of opinion that it could be dis- pene ofin avery short time. A writ of hates» was rought, which was traversed; a writ of certiorar? was aleo allowed, to which Justice Lothrop made a retern. Upon the twe writs they move for the discharge of Mr. Tompkins. A discussion subsequently arose as to which side had & right to open the case, The judge decided upon Mr. Van Boren being heard first. Mr. Yan Bureu thea proceeded, and, in bis opening, erid, that there was not one of the complaining parties had dared to charge Mr. Tompkine under oath, bat they commenced these pro- ceedings against him with the intention of terrifying him orhis friends into a settisment of his debts. ‘The fects, in brief, with regard to the matter, are, that Mr. Tompkins had been engaged for some time as a broker, in the city of New York, im Wall street; that he wae in the full tide of business up to the 29th of January, end om that day he tailed. It is unneces- rary, DOW, to go into the causes of his failure; it is un- necessary to say what unprecedented disappointments, or changes in the money market, Indused it, [tis sufficient to ray that he failed, and that he retired from the street. and that he paid some fona fide credi- tors, On the afternoon of the 29th January, his honor the presiding Judge issued an attachment against Mr Tompkins a6 an absconding or concealed debtor. He came down to the Chie/ of Potice; from him he was sept tothe Mayor, and from the Mayor to the Police Justice, who has held the examination, the depositions ut which ere pow before this court. Judge—The examination says that ‘Tompkins said to Mr. Nathan, that he bad sent his boy or clerk to the bank to get @ check cashed The question is, was there any evidence before the Police Justice that such repreeentation is false r Van Buren eaid there was not. Mr Cutting and Mr. Blunt replied that there was; thatthe cashier of the bank sweara no such check was presented, and that there is evidence that Tomp- kins did not sead the boy. ‘The Judge wantet to know if there was any direct evidence to show that the boy or clerk was not sent by Tompkins to the bank ? Mr. Cutting replied in the affirmative. Mr. Blunt remarked, that when Tompkins raid hejrent the boy to the bank with a check, it wae to lead to ies presoerees that be had funds there, whereas it bad been proved that there were no funds of bis in the bank on that day. The judge said he understood the point now, and he expected the counsel to confine themselves’ strictly within the case, as regarded the charge made by Mr. Nathan, and that no subsequent representations r’- leged to have been made by Tompkins could be brouy + into the present argument. Mr. Ven Buren continued to contend that there was no evidence to show that the boy was not sent tothe bank withthe check. Counsel then proceed beg the court the ee be ro ns e magistrate, and concluded by calling upon the jadge to dlecharge Mz. Tomphing, on the growed that the testimony before the magistrate did not justity him in issuing his warrant against the defend: Mr Blunt and Mr. Noyes urged that there was suffi- cient evidence of talae pretences to justify the magis trate in the course be had taken, snd that there was — fraud on the part of the defendant. The court adjourned the further hearing of the case to Friday next. at 10 o’olock, when Mr. Ogden Hotfman bd conclude the argument on the part of Mr. Tomp- ins. Sporting Intelligence, The rietors of tue Ventreville course have ad- vertined nine purses, to be contended tor during the months of April and May. The sweepstakes offered not filled. Theatrical and Musical. Bowsay Trxarne.—The pertormances this evenin, consist of ti “ Moustaineer,”’ and the beautit: drama of the “ Pirate cf the Isles.” Mr. Hamblin will appear in the beautifully drawn character of Oo- tavien, Mr. Hamblin is every night grovted with the warmest demonstrations of pleasure, in consequence of the brilliant display of his histrionic abilities, Baoapway Thkarke —The new and beautiful comedy entitled “ Ali that Glitters is mot Gold,’ waich was received last evening with enthasiastic cheering, will again be produced js evening. Mise Julia Ber will appear, for the last time this season, as M. Gibbs. The entertainment will conclude cellent drama of “ Belphegor.” Nrnvo’s @anoen.—Another able audience was present, negleoted and to witness ‘Indi at this never amussment: the two firet characters, were often deservedly spplauded. The t attraction of the evening was, however, the ballet of “Giselle.” This piece, which we had occasion to several times represented by ¢ifferent trewp t ballet, has beer on the stage at Niolo’s with & merni(icence of ry and a eplendor of costumes which ha equalled in New ‘The principal dered by the Roureet Family ani Mi whos Caroline Rousrtet, who dances the part of Giselle, we beve never seen in this country sucha chaste, pleasing and wenderful densen Bhe seems not to be an earth. ly creature, and her ¢) regions, ler steps are admirabls ¢ and her feet appear not to repose but glide on the stave. She is also obiiged to appear before the curtain to receive the well- merited plaw of the audience [Her three sis- tersare very talented, and the combinatien of the troupe makes it the best fnow in the United States, The next performance wil take place on Monda: night. It will consint of “Giselle” anda French vau- deville, We advire all the lovers of good dancing to virit Niblo'® before the departure of the ballet troupe jor Philadelphia, Lunton’s Tuxatne —Tho entertuinments tor this xoeedingly attractive. The per with the comedy of © Bhe he leading aad bright ‘Th Waldegrave, performances ace inderd astonishing. As to Couguer, stars in the cart awaring piece of the Werld’s Fair,” which is every | night received with cheers, Nariowat Tuxarne.—A great bill for this evening is of the patrons of this popu The performances consist of the “The Drankerd. he Dumb Girl of enoa” lar establisbwen “frond to aye ef, vance.” and at bill for the small sum oftwenty-lve cents Mise ina will dance. Bnovanam's Lyceum —The performances given © resort highly ght they commen: ) which will be followed by aud ail will conclude with the piece ot Allow Me to Ap: Tre Travian Orena Trovre.— Mire Virginia Whiting hae been very sucoesstal ia Boston iter benedt did 8 place on account of the iilares of Bardit-P atu, but the reputation she has acquired in her ative city ie eueh we will uish her berrnit The company woder Maretaek'e direction will retarn to the city in time to assist at the great harp concert of Madame Bertucea, at Tripler Hail, on Tuesiay evening mext. itainm@ent promises to commence the new te ualoni # dm tradly The pudlic will enjoy the as struck by the rkilful Angers of the lady, and Nathalie Fityjames’ appearance in the concert room, with other novelties will produce a proper eathusiagm on this Occasion. Madan: Rertuc ithe repuest of her trfends, has announced this concer’ in leu of the benefit aight to which she is entitied at the Opera - Ue Farodt wil! give her second concert in Phils- deiphia to-night. The first one was brilliantly euse fol, fo whioh she was aided by Amatia Patts, Avignone, Hauser, the brilliant violinist. whom, with others, ene bas engaged to accompany her in her tour The Lou- den papers, however. announce het and Alboni as the only female vocaliste engaged for Her Majesty's theatre; and Lumley may Insist upon diminishing the Iength of her stay in this country. Crnretve Miserr ete give a fine bill of ente for this evening—singing, dancing. and i performances, The receipts wre tor the Piet the excellent tamborine perfe y have e full house, as he deserves a bumper: Mivern ee. —This celebrated band will givs two performances to-day —one inthe afternon. and the other in the evening. instrumental pertormanoes Tre Inranr Deusen, who created such a great ron. sation in this city. by his extraordinary performances, will Appear next io Newark, and is engaed to piay at Albany, Boston, and Philadelphia, and then be returns to this city, previons to his going to the World's Fair. Baewvst's My thing befor nightly, an sincerity, itis given here, with dian int ty We have spoken of dardentiy, tor w comparable to 1: ia the wh . @ range of the moral # Oimnovs.— Two pertormances will be a the Bowery, to day—one com- {past two, for the oxpectal acoommo- dation of femiiies, and the other at the usual hoat je Tontnaiare and the entire Freneh troup: appoar Wasnineron A The eloquent and instructive “ Pilgrim's Progres: draws large w om Pasonama ov Ineiavy —This — is « work of Great artistic merit, and deserves extensive patronage. We learn that Mr Nixon, the efficient equestrian Manager ot June's cireus, ie soon to receive s compli. beneat mentary . Mr. Nixon is an industrions and Tenent in tn the bonds etn very large and reapectante s committes. nt must be in the bright | y ig Singing bariesque opers, and } . | January still 001 is gremtly ad- | ‘NEWS FROM THE GOLDEN GATES. | TWO WEEKS LATER FROM THE PACIFIC, ARRIV A L OF THE NEW STEAMSHIP NORTH AMERICA, AFFAIRS IN CALIFORNIA. One Million of Gold Dust on its way to New York. NO CHOME OF UNITED SPATES SENATOR. THE GOLD DISCOVERIES ON PHE COAST, Bey din, de. { The new steamship North America arrived oft the Hook at midaight, Thursday, and ather kerth at eleven o’clock yesterday morning, having been compelled to Jay <@ even hours on account of fog. She left Chegrea February 25th, arrived off [ Kingston on the evening of the 27th, and left Kings- ton at half past seven o’clock on the morning of March Ist. Running time from Chagres, eight days and six hours. The N. A. arrived off Chagres, on her outwasd trip, at eleven o'clock on the evening of Feb. 19th, making the passage from the Hook in eight days and three hours. The North Ameries brings $150,000 in gold dust. The foilowing is the LIST OF PASS: NGERS PER STEAMER NORTH AMERICA. J Hyson, J tsirfeld, JTGhon, J TTabor,s W A Bheidon, Nothi T ton, 38 Brown, J'B berte 5 DG Miller, JC Stowell, W. op. A Richard: ton, C Hagle, G Ruasoll, J Pratt, J Prink, 4 Shorman, J Sharmmiug, & Welli:hop, U'Waloott, R Hen- Aerson, D Rowe, Wm Roan, no. JW Palmater, JB Hofman, H Hunter, CM Brown, J Balstead,J W Baker, 8 Ha'stead, JR Saubury, in, G Darnard, 8 Buffington, P Hawkius, J W bare rewo, JC Landus, Isase Caifin, A Bliss (aicd). TC Ham- mond, J Sparrows, P Suow, C H Oroeket, I. Paring, 8 Dixon, J Rogers, J Salk», D Barlow, J W Burnett, a Is Clark, Oren Waeku, J Sackly, $B Bowls, J.D Phillips, JT Orrer CA Bowling, James athens, A M M Hopp raplot, J opper plot, Hui Valdog Ds, A Myore, Wertwal, L Blon Wady, J Hawkins, C Gurnote, L Polls. 8 W Ashly, JB Asbly, G W Skillingtos, RI Fox © P Brocket, James Nichols. 8 B Emerson, Chas Alien. GS Brady, Cope Lund, J Launt, § Hudson, 4 W Worth, Brackb o Kot, Capt J 8 Bax artington, W Miller, B'S Tickues, Thos Lut, ba Stevenson, ES Smith, LNuttu, J K Baton, Wm 8 Banny, A'Gagor, J OGlonnell, R Shaw, H Alister, inan, B Aman. N is Sai c C Wile, JW i ter, Goo Ps Clark, J We Ward A Warner, J’ Mazito Ga GH Ms Russuvif, $ B Cutt Soner, W Church, W Ckureh, HH Cooly, mur. AH Grant, W Bursoes, A leanca, J Willey, 8 dausom, & Peaks © Ea- Kelley, B Falks, J Betater, J Ii Bali, C Caliasa, Dows, J J Bein, G Guilita, G Domrick, B Wal- De Devregann, JG Loomis, BS Gould, D Power, J Ward, A, Curry, ter B non, Rev Mr Galion, B Maloaey, J Evens, G Bryant, AG Dunbar, P M Bowen, J Bykes, J Harve Hot 8 Allen, Charles N 1 Deane, @ P Dudly, Ht Engh hit, JE Blonton, BE Brisort M ‘Mrs’ Mason. B oP Parsons, J Smith, J Rowel, J W Springer, R py, JC Smith, J Kingsly, J Foster, Mr Usevr, Wr Jnoobs, Mrs Jno ‘and, » J 8 Nelson, , © D Poster, B Hawly, J Smith, ins Jao 6 and two , Mr Mo~ Hough, Mire MeHughe, G pega, ro John Jobn- tou, 8S Miller, FH Hicksou, J G tobinson, John Patterson. We are indebted to Mr. J. 1. Thompaon, the pur- ser of the North America, and to Messrs. Gregory & Co., for the latest news. ‘Tne Georgia, which left New York, February wv, arrived at Chagres on the morning of February 24, and was to sailat 6 A. M. of February 25. The kmpire City, from New York, February 13, ar- rived at Chagres on the evening of February 234, and sailed on the 25th. The Empire City, Captain Wilson, arrived at Kingston, Jam., on the Ist. instant. She left Chegres on the 25th ult., with 150 passengers, and $750,000 in specie on freight. The U. 8. sloop of war Albany, Capt. Platt, ar- rived at Chagres on the 20th ult , efter an extraor- | dinery ran of only three days from St, Jago. She | left on the 22d for Pensacola. | The British steamer Avon arrived at Chagres, feb. 21, from San Juande Nicaragua. She sailed on the evening of the 21th for Carthagena. She | tock $800,000 ia silver bars, and about $1,000,000 in gold dust. | Arrived at Panama from San Francisco:—Steam- | er Tennessee, Feb. 9; steamer Republic, Feb. 20, | with 260 passengers and $1,000,000 in gold dust; | steamer Panama, Feb. 21, with 50 passengers and | $1,000,000 in gold dust; ship Oscar, with 76 pas- sengers; bark Tridant, brig Ruth, and bark Drum: mond, | The Pacife News says that the amount going forward by the steamers of February 1, was: — | By the Panama. + $826,000 ‘Gra BS |“ Repubiie....... 815,000 Of which $200,000 was under the care of Adame & Co. A letter from Los Angelos, in the Alta Caltfor- | nia of February 1, says: The brig Kagle arrived last evening at Ban Pedr | fourteen days out. Gon Morehead bas gone to Diego, to rit at & court of inquiry, at his own request About forty}wagons bave arrived from Salt Lake, met with no privations on the road. Nang! the eame route, hove arrived with 6,000 have gone by Walker's Pars. Alse, Mr Jackson 3,000 sheep, from Sonora, passed here two weeks since The Alta Caltfornia says: The injuries received by the Northerner. in her re- cent collision wi 2 tention here for repairs for #ix weeks or more her larce irom wheels was sompletely mashed together ‘The cost of repeiring her is estimated at about twenty thousand dollare The steamer Columbia, from New York, around | Cape Horn, left Acapulco for San Francisco Feb. 11. All well on board. The steamer Carolina was seen by the Republic 250 miles soxth of Acapulco, steering with a tem- porary iadder. ‘There had been no choice of United State a tor in California. ‘Che choice lay between Fremont and T. Butler King. The election was to take place in two or three days. It was thought that Fremont was gaining ground. Died at ea, on board steamer Republic, Feb. 3d- Captain Augustus Gardner. Died at sea, on board steamer North America, a half-past 10 o'clock A. M_., Feb. 27th, Arnold Bliss, of Dartmouth, Mass, aged 61 years. Buried him at sea, in lat. 16, lon. 77, with becoming ceremo- nies, the Rev. John P. Gulliver officiating. The N. A. spoke, March 5th, at 1 P M., brig Emerald, of Windsor, from Porto Rico for New York, lat. 93, lon. 73 15. Arrived at Panama from San Franciseo, Feb, 21, | British brig Brazilian. Also, in port at Panama, fifty-five earl of English aad American vessels, names unknown. The San Francisco Herald, of the Ist ult The stagnation wot cbangee can be \ the past week a slight advance h | few articles, ne will ou ttle reason to expect any very im at for some weeks, ty of rain ' to this time has | very & dr of persons who dayn fain lar ediatoty thrown Ineo * given oredit to the the fleet of at once re the coustry Hmber of man are enanged with he country eajciming the Kiawat! miners tor rtores ® Ale rn ane river, es pecially on Bcott’s and Salmon creeks. ite tributaries. Thie portion of the wining region hee as yer, bene but little explored in comparison with the more Southern parte of the State, apd will, doudtless. be found to abound in ~ placers” tully equal to aay hitherto worked We mentioned in our last circular the report of very valuable discoveries of gold on the sea coast near the movth of t Klamath river, Further investigations confirm, im a gr the richness of the depo- site. hut 0 di y sericus obstacles to ren- ble atthe present time The> Gold ty miles from Tripiiad, the neatest sate point for vessels to discharge their cargos. The road between fa of an almost imparsuble nature, only practicable for mules. ‘ensiderable difficulty also @xists in bringing into operation any really efficacious method of separating the gold trom thi d; the wei ht of the latter, which faim a great part metuilic. preventing the ordi von a Virginia reckers from working succerstully. Kx: ments have deen tried to make the extraction by Dut whether they can ve carried out on # sul- ficiently large ecale to be practically useful, remains to be seen. The California Legisiature. The democrats have a practical majority, and with them have voted all contestants to seat Bills bad been reported appropriating $300,000 for damages by Indian wars in the Manposa county, particularly. A war loan of $300,000 had been reported fron the Finance Committee, and accepted. Iti ueed agai the Indian depredators. The soldiers are to receive, (if the bill pass) $10 per diem. ‘The Chief Clerk of the House had been voted $24 perdiem. Three Assistants $22each; Messenger $16; Porter $?0. The indebtedness of San Francisco is $1,000,000. A loan committee recommends the sale of all the city property, for the purpose of redeeming city scrip. The indebtedness of the city proved, on a carefull examination, mueh greater than a majority of the board supposed it to be. At this time, Jan. 21, the scrip outstanding as per the Comptroller's books, amounts to... . tte seee cee BO22,173 BT On which interest has acerued to BE amount of. os + 50,000 00 The amount of audited bills 297 TH On whieh the interest accrued is. 5 Bills not yet audited... Making the total debt of the city. —or nearly one million of doll First Presbyterian Church, San Frano| [from the Ban Francisco fHeraid, Feb. 1.) The society worshipping in the church was organ- ized on the 20th May, 1849, the first Protestant rel- gious e ty forme in this city, under the style of the First Presbyterian Church of San Francisco. The organization took place in the public school house, situated at the southwest corner of the plaza, and for three successive Sundays worship was held in that room. The society then re- moved to the court room in Dupont street, opened by the authority of the ‘ Legislative Assembly of San Francisco.” After the abandonment of that place by the court, which ceased to exist at the dis- solution of the Assembly, the society next provided itse with a large tent, capable of holding from two tethree hundred persons, which was pitched ona lot bargained foras a charch site in Dapont street, but subsequently exchanged in faver of the present preferable one. Ia this tent worship was continued through a part of the summer and the whole of the autumn of 1819. The sogiety next availed itself of an offer of a large umrecupied room in the custom house; another removal to the Superior Cou oom, City Hall, left it in uninter- Tnpted use of a place of meeting until the opening of the new church. These changes subjected the society to some in- conveniences, but provided, for the most part, with commodious places of assembling, and waiting meanwhile in hope for the arrival of the church One of | edifice which hed been early ordered from New York, it was a happy combination of favorable events which gave to the congregation so many favoring advautsges, in the midst of not a few un- toward circumstances. The selection of the church site in Stockton street, the most pleasant in the city, and on the weet side of the street, was wisely made. There the building appears, as it deserves, prominently, in comparison with the other public edifices of the city. Its appearance, being of the Gothic order of architecture «nd Norman lancet character, is im- pase: ‘The design was made by W. H. Rantett Jey, architect. Its size ia thirty-live feet front by seventy-five feet deep. The watis of the buildio; are twenty feet, and including the walls, the roo! extends to the height of forty-two feet. At the front is a porch twelve feet wide and five fee! deep, entrance into which is made through side doors A simple bell-tower surmounts the building, is which is suspended a rich toned bell, from the toundry of Meneely, of Troy, New York The interior is fied up with much taste and coa- venience; ninety-eight pews on the ground floor furnish sittings for five hundred perroas. A gallery acrossthe east side accommodate one hundred persons more. The pulpit, of octagonal form, is at the westend. The [interior space is open to the peak, exposing with fine efiect the tasteful trusses which support the roof The outside of the build- ing ie painted a dark browa; in the interior the wells are peinted brown, the covering aad trusses a light bufl, the windows are mutled with white, the pews are dark stained and varnished, ulpit and gallery front are grained tation Oak. ‘he entire expense of the building to the con: ‘ion, exclusive of ils first coet in New York, which was there discharged, 8 about $9,000, and inelad- ing the purchase of the site on which it stands, reaches nearly or quite $12,000. This beautiful church was opened for Divine ser- | viee on Sunday, January 19 he dedicatogy cere- monies, in the introduetory parts of which he was assisted by the Rev Messrs Prevaux and Hinds, | were pire Mare by the pastor of the congregation, the Kev. A. Williams, who delivered, in the pre- sence of an overtiowing audience, a discourse suit uble to the occesion, fon the Stith ehapter of the prophecy of Iseieh, end the 6th and 7th verses. 3 a The Weather in Catifornia, [From the Pacific News, Jen, 22) Such 4 “inter as we are now enjoying, has not | oce d for many years before in California. | There has not been rain enough to swell our rivers | to any extent, and the new towns on the San Joa- | quin, Teolomne, and Feather rivers, are suffering | thereby, ae none ot the small steamers are able to | reach them at a low stage of water. The ait is Id as May, and the farmers in the country are ing their gardens and sowing their fields We are informed that about twelve years since, a winter similar to this occurred, and that the fol- | lowing summer many domestic anima! the ranches perished for want of food, there not being rain enough to produce the ordinary crop of grass. The present season may eventuate as that did The miners io the dry diggings are at present the createst sufferers for want of rain, and the scarcity | of money is mainly attributable to this source The rainy season to California is as necessary as the annual overflowing of the Nile to Egyst, and the absence of it attended with almost equaliy dix nelrous Consequences: City News of San Francisco, _ STORRSHU's | These amphibious receptacles of good are fast merging into regular houses, and sone of them have got so far into our city, or rather the eity, in t+ progress has gone so far beyoud them, as to render it certain that they are prisoners for life. The Vid Niantic is of this character ; and in future years, when the new-comer sees a huge ark-like structure In the centre of the most thickly settled portion of the cily, hie imagination will be taxed to discover how it found its way there. We perceive two other large ships, the Salem and the Henry Lee, undergoing the same process of traneformation. It is the beet thing that can be done with many of the | old hatks in our harbor. Little did the tar, as he trod the deck of his noble ship, as che bounded over the billows, that mest inspiring of all sights, a ship | under full enil, imagiae that the when, dismaete ! dremantled, she would dege- | nerate into al ber'scouating house. Bat se it is; everything ts new in this country—our ideas ere new, and this is one of the ne west—the trans formation of ships into houses ulilitarians. We are decided NEWS ROYS trious and busy litle fellows may be ing their pspera all throogh They have imported the New York style— that pecwliar intonation of voice that ooly news boys eed flash auctioncers ean eequire, and tru dee sturdily along with their eyes wide open fora cne- tomer, eometimes indulging their oudite e with the gratifying information that their paper contsins @ full account of geome horrible murder or event of general interest. The arrival of a steamer sete them wild with eagerness, and a bloody trewedy is a perfect god send to them. They are ‘cute fel- lows, and we never yet knew of a news-boy who was “come over.” They have, to a boy, ‘out their teeth.” Their oeenpat a usefal and pro~ fitable one, and is perhaps the best means to which theee little fellows cou'd resort to gaia a livelihood. Success to them! RESTAURANTS AND HOTENA In no way is the aneettied condition of our popu. lotion more stronaly shown tren ia the multitude of reetanrants and hotels that crowd our streets,