The New York Herald Newspaper, June 29, 1851, Page 1

WHOLE NO. 6823. eT SUNDAY MORNING, JUNE 29, 1851. WNEWS BY TELEGRAPH. INTERESTING LEGISLATIVE PROCEEDINGS, Democratic Ratification Mooting at Lancaster, Pa. THE TALCOTT COURT MARTIAL. ‘Threatened Dissolution of the Cana- dian Union. LATE FROM SANTA FE, &ec., Ke., die. NEW YORK LEGISLATURE. SPECIAL 8 Acnany, June 28, 1851. PRIITIONS PRESENTRD. Mr. Harcet presented @ petition fora revision of the sechoo! law, Mr. Bancocx, for an amendment of the Code. Mr. Curtis, two, to compel the New York and Erie ‘Railroad to stop all their trains at Goshen. ‘The Paxsipent, 8 memorial ef inhabitants of Massa- -churetts, for an amendment of the law in relation to life ‘nsurance companies. BILLS REPORTFD. Mr. Bascoc reported favorably the bill in relation to ‘the preservation of the public health, Mr. reported an act making appropriations for oi tie Mr. AN reported complete, with amendment, an act im relation to assessment and collection of taxes in New York city Mr. Cxoxivs reported complete an act in relation to ‘the dealers in second hand articles, and keepers of junk chopr, in New York city. ADJOURNMENT OF THE LEGISLATURE. Mr. Gepprs called§for the consideration of the follow- * Ferolution: "2 the Legislature ad- xt. y, the 3d. Adopted. THON BLL. "On the motion of Mr. Coox. the Senate proceeded to consider the bill making appropriations for the support “of the government for the ‘year commencing Ost. 1, The question being upon agreeing to the report of the Committee of the Whole, Mr. Mizuxn moved to amend by restoring the appro- ination of $9,000 for completing the building for the Senern tess ot Retsgs” Onrted Mr. Groves moved to amend, by striking out the ap- Propriation of $80,000 for the support of foreign poor. ‘arried. ‘Mr. Disewicx moved to amend by striking out the PI eppropriation of $3,000 to the Genesee Acadamy. Lost, ir. Dant moved to amend by inserting to the Gouverneur Academy in St. Lawrence county. Mr. Moncan moved to amend, by adding the follow. ing : For completing the three volumes of the Natural History of the State of New-York which have been com- menced. including the payment of salaries to Professors Hall and Emmons, $2500. which salaries shall not ex- ceed $1,500 exch per annum, and be sul to such de- ductions for absence as the committee having cl of the work ehall determine ; which committee shall have power to send for persons and papers; and the com- mittee are hereby authorized and required to suspend and terminate any further progress in the above work Sah Kes eageo Baee Reed volumes eee i} uw can a in their report April ‘we teat, Py, the Mocas tarts ‘The report of the committee, as amended, was agreed tere bil taking Jen opieon riation in for the Ing an w jon for the su port of certain berpitale’ was passed. niet we An act a] ting the revenues of the Literature and United 8 Deposit Fund was passed. EMIGRANT LAWS AND THE PUMLIC HEALTH. The bill to amend chapter 483 of the laws of 1817, chapter 360 of the laws of 1849, and chapter 275 of the Jaws of 1850, concerning passengers coming to the city of ‘New York and the public health. Mr. Beexman moved to recommit to the Committee on Commerce and Navigation, with instructions to amend as —_ Amend section Ist by adding thereto the words— No ‘pastoge money shall be payable 1n event of the death of any emigrant’ luring t ee VO} jo the low York; cand in case such Sees call kote Goan Lat in advance. it shall be returned by the owner of the ship on oerd of whieh the emi has died, to the heirs of the Mr. ScHoonmaxen moved to lay the bill on the table. Mr. Berxataw then moved to recommit, with instrus- ‘tions to strike out the Sth section of the bill, which abolishes the office of Physician of the Marine Hospital, ‘Lost. ‘The bill was then road a third time, and passed, as fol- dows — Dart, Diwmick, UNION COLLEGE. On the motion of Mr. Coox, & maj: Hy to, laveatigate au ad tion there. loze' have boon daly the respootive «rants. crwute in enti fely invested. il, Whether been applied to any y other oMcer e any and what lostes have covurr the College: and th of oF other offieer has, whil Totteries by the rv majority of th powered to employ some per on anthorized by law t> admi- ninter cath ty persons examined by such commission. Philip 8. Van Rensselaer and David Buell. of Troy, were added as » Committee of the Regents of the University, to act with Rey, Dr, Campbell, of Albany, in prosecuting the above inquiry THE TWENTY RIXTHT SENATORIAL DISTRICT. A majority of the Committee on Privileges and Eleo- tions reported in favor of admitting William J. Gilbert to ‘the now vacant seat of the Twenty-sixth Senatorial dis- trict. ‘The consideration of this report was made a special order for Tuesday evening next The Senate then took # recess till four o'clock. APTERNOON SESSION. JUTIES OF STATE OFFICERS. The Senate pessed, in Committee of the Whole, the Ing Dill rerpecting the powers and duties of Stale officers. and proceedings against them: The people of the State of New York, represented in the Ber ate and Assen? + any duty »! olved by Taw of this te offs oanl of officers, no injane to h officer, of board, oF any prevent the execation of any me be granted by the Saprems Coart bo losated, ty shall be required to be performed ab « regula cowrt. efore bearing any applicetion for ie Fasen epecitied in the preceding secth r Foch Inw, untess the s sitting in the district in which euch board shal injanct'on, in At least eight be days’ potice of the time place of such hea all served on the officer, beard, or persona. ng hom the Application shall be s ‘and it shall be the daty of the nest 1 in defending suo officer, beard, oF pe ppear in his stead, in case of or neglect #n to appear and act. 3. This article shall take effect immediately. ‘Adjourned. Assembly. Aunany, Jane 28, 1951, THE COLORED EMIGRATION MILL. xs moved to reconsider the vo'e of yesterday jored Emigration bill ‘Ano eupported the motion, and hoped it might Mr. Ser on thi Mr prevail. Mr. A. A. Tuowrsow had opposed this bill yesterday, not beoauise he was the enemy of the blacks, but because ‘he considered the association which had ated this project ae psendc abolitionist soctety, and he could not fanotion the efforts of any association which ineulcated doctrines in any wise disre«pectful to the institutions of our country ‘UM was much ettrprised at the opposition of we, Mr A. A. Thompson. It was, on the con- which ought to receive his hear y and onqunli ection, It was a meritorious plan. and even those who were oppoeed or favorable to the instita- tion of slavery, could support this measure without detriment to the cause he professed to admire or uphold. No one need hesitate to support thie bill for fear of es- Improper precedent. Fourteen States had already passed fone and made appropriations — literal ones, too—in ald of this association, After come further disenssion, Mr. Brno moved the previous question, hen the motion to reconsider was leet 68 only having voted therefor THIRD READISG OF PILL An set to ineorporate the Orieutal Wharf Company. Vosved An set to author under the act tor e the formation of a railroad the fe bor of at ™ holders t of ¢ 1 Spring in Queer a to adjourn on the 34 of ' ° - ¥ fe ammit, with Inet be out the first section, upoo which he eae temarke, giving the Bictury of the origia of Jephesk: He thought it an unreasonable and uowarrant- Mr G.eason opposed the motion to recommit. ‘The motion to recommit was lost. ‘The bill was then read a third time and lost—56 to 33. A motion to reconsider was laid on the ™ reported bill ng the Champlain, at 5] Lined ae adjourn at two o'clock to-day, to meet on Monday, at nino o'clock, was adopted. : THIRD READING OF BILLS CONTINUED. An act to authorize the Mayor, Aldermen, and Com- monalty of the city of New York to raise hye and to create a public fund oF stock, to be valled ‘ublic Stock NumberThree, Passed. Sa 5.50 sinane the. charter of the village. of Lanek- An act authorizing the Northern Bolen Comeeneto extend its pier on Lake Champlain, at Rouse’s P Mr. Hewsrr moved to recomunt, for the purpose of amending the bill, to a8 to compel the com to leave oer of four hundred feet, it of two hun- dred aj Y Mr. Werten remarked that it would be extremely difficult to frame a bill to meet with the bere of the gentleman from Clinton, Mr. Hewett. Hehad drawn and framed the bill under the supervision and with the consent of Mr. Geddes, who had visited the locality, as chairman ee, and yet made all the sound- oot y for being opinior an om. fir. Bornovons regarded the bill as a just and fair compromise, ‘pass. "The motion of Mr. flewett was lost, Mr. Hewerr offered several other important amend- mente, which were promptly voted down, , Busnor to recommit, and thereupon gave the reasons for his opposition to the bill—the pal one of which was the diversion of trade. Mr. Varyum answered. He had talked with hundreds of the citizens of New York city, and they were almost unanimous in dec! that there was no objection to the bill, except upon grounds of theinterruption of nat ion, The question of the diversion of trade was not thought of euflicient ‘consequence to oppose the bill. ‘The bill was then read a third time and passed, 71 to 20. A motion to reconsider was lost. Mr. Bray offered the following resolution :— Resolved, That the Governor be respectfully roquasted to Somumunionte te this Hi m received by © appointment of repre- 7 8. and the ‘shall be necessary for the action sentatives, as in his Of this House. A Adjourned. Affairs In Albany. OUR SPECIAL CORRESPONDENCE. Avpany, June 28,1851, THE RoUSR’s POINT BRIDGE. ‘The protracted.and wearisome question whether Lake Champlain ghall be bridged or not, was so arranged this morning as will probably settle it for a year or two. The Dill passed in the Senate during the regular session, per- mitting a drawbridge to be constructed so as to connect the Canada with the American shore. The Assembly this morning amended the bill, so as to allow the appli- canta to build picrs into the lake—leavi1 space of 250 feet for the free passage of vessels, A fi section of @ railroad is to be used, instead of a dra , to con- nect the railroad from St. Johns to Rouse’s Point. The Senate will, undoubtedly, concur. NEW YORK VOLUNTEERS, Mr. Grecory’s bill is now in the hands of the Military . Senate the liberal sum of $15,000, for the benefit of the few brave survivors of the New York Volunteers who rerved inthe war with Mexico, to be Pe ro os cag tee. Ite fate is doubtful in CONGRESSIONAL DISTRICTS. It is now rendered certain that on Mo: or Tuesday, ‘a bill will be introduced the districts, It was so dee in caucus last night. The telegraphic intelligence received this afternoon, that the census returns have not yet been received from the State of the authorities here have no data from the ent of upon which to base a questionable whether the until such ratio is received. Yesterday bill: was passed ia. the flouve, granti y & dill was ia louse, ing ® sum of money to the Colonization & ciety, to aid in free negroes to Liberia. This morning s motion was made to reconsider the vote. Beveral speeches were made in su of the motion. It was contended that it was a enterprise, which should only be by voltintary subscriptions ; that it would induce the slaveholders to manumit their slaves, on con- dition and then the them to Africa, for the benefit of the slaveholders, Mr. A. Smith said, that be may in safety and quict enjoy th: benefit of bis dar, property. or bls part, if Scutbern tigers, leopards, lions and byenas perform services which " be safely with ordinary domestic avimals, let them bear the expenses of protecting them»! “esagsinst the effects of their own felly. He was vpposed to because hiv constituents were the 4 7 opposed to it—because the people of the State were ep: posed to it. We were not sent here to appropriate tl money of the people in this way, as gentlemen who vote for it will find whenever they out on the subject. The motion to reconsider was lost, and if not arrested in the Bennie, the State will be saddled with this appropria- UNION COLL EE In the Senate this morning, Mr. Coox introduced a re- solution, in accordance with the memorial submitted | yesterday. requesting the Comptroller and Attorney Ge- neral, and Dr, Campbesi, instead of the accountant ap- ited, to investigate the affairs of that institution. ‘ir, Babcock moved to add the name of David Buel and | Philip Van Rovarelaer, in which shape the resolution was |. This ie only @ ruse to stave off wn exer! tion, as it is not Likely that either of thoee gentlemen will undertake to bestow that attention wu it whieh the importanee of the subject requires in the investigation of the books for the last quarter of a century DR STRWART OvSTRD. | Among the bills of interest which came up for a thirt | rending. ia the one amending the passenger laws of New York. When in committee, a few was inserted abolishing the office of Marine If con, This morning, when upon its third and Mr. Beekman moved to strike out the seotion abolish. — ing the office. This was resisted by Mr. Williams, Mr. Bal ‘k and others. Mr. Crotius remarked that the office was created expressly for Dr. Doane, but being ap- ointed health officer, a much more lucrative one, the ital physician's berth was given to Dr, Stewart, who is now out of offlee by the passage of the bill Another Senator remarked that the servicos of Dr. Stew- art could not be very in) nt, nor his duties very ar- | duous, as he had been in the lobby during the regatar sersion, and was the firet man he met with at the extra Mr Beekman’s motion did not prevail. The Dill was passed, and Dr. Stewart lost the office. MR. STANTON’S SmAT. ‘The majority of the Committee on Privileges and Elec- tions reported in the Senate, in favor of giving Wm. J Gilbert the seat now occupied by Mr. Stanton. Ne far- ther action was taken. The question will be taken on Tucedey, if at all. THE ADJOURNMENT. jopted in the Senate, this morning. next, the 3d of July. There were only two dissenting votes. It was tent to the Honse, and rejected, two to one, #0 there is no telling when the ire Ww! j House is ith ordivary industry, under two, phene three days. ‘wnal bill. which is ¢: Con amyl ae t days at least. Then the bills in re to the duties of Btate officers and the Attoroey al houses ‘Thursday untii Monday, on ac- count of the 4th of J ‘The bill ting the powers and duties of State of- ficers, passed in committee of the Senate this afternoon, without much opposition from the min who, con- sidering it a foregone conclusion, yielded tolerable | good grace. ake a recess from From Washington. CONVICTION FOR PRRIURY—RETURN OF TIE PREST- DENT—CALIFORNIA CENSUS, ETC. Wasnivorow, Jane 28, 1861. Henry Ructe a German, has been convicted of perjury in the Criminal Court. for swearing falsely as to the Meatity of certain fraudulet t claimants of land warrants ‘The President returns to night. The official census of California has not yet been Tecelved—the portion retained being consumed by the Inte fire, ‘The Republic censiders the resolutions adopted by the whigs of Vermont as gratifying signs of tre times. Arrival of the U. 8. Consul of Cape de Verde—Arrest of Batlet Girls. A hy i the toig Ubeetan: arrived mong tho passengers in . arri from Cape de Verde, was Montgomery D. C arker, Req. U_ 8. Consul at that place. Four ballet girls, of the Rousset troupe, were put in jail, esterday, for refusing to deliver up some drossas all: iy the manager, the girls having been ebarged from the company. Highly Important from Canada, Tonowro, Jane 28, 1851. Last night Attorney General La Fonteine made the most important announcement ever made in Parliament since the union of the Provinces, viz. that the French party intend to oppose the secularization of the Protest ant clergy reserves. Theannouncement will lead to an agitation fora disestation of the Union On fourteen different oceasions the representatives of Upper Canada voted for seeuiarizing those revornes; but their effor minees of the orowa in the other branch of the Legisiatare, and the rebellion of 1448 was the consequence Court of Appeals Buatwa, Jane 2, 1851 Couse No 22 was continued to-day mntil the adjourn: ment, and w bably occupy all to morrow. Destrnetive Fail Storm. avery Jane 28. 1851 A destructive hati storm oecurred on Severn river, near Annapol on Thursday. doing much injury to the crops. Democratic Ratification Meeting at Lan- caster. Laxcasten, June 28, 1851. ‘The democratic ratification mgeting has confirmed the nominations of the Reading and Harrisburg Conventions for Governor, Canal Commissioner, and Judges of the Supreme Court of Pennsylvania. The meeting was called to order at two o'clock, and Dr. Levi Hill’ was appointed President, together , with "Owing to the formers and agricuiturits te rounding districts being boy employed at this season of the year, the attendance of the democracy was thin, = — greater than could have been expected un- jer the ci ‘umstances, A committee of nine having been sonotatets they re- ported a preamble and a series of resol which were received with great satisfaction, and were highly applaud- ed and unanimously adopted. ‘The first recolution speaks most Inudatory and compli- mentary of Col. Bigler. who is nominated for Governor, tonching his history, civil and ‘The ‘eulogises Goneral t. democracy, and refers to the cha- racters of the judicial nominees for the Supreme Bench in the highest terms. ‘The fourth says the ticket is just such an one as de- serves the support of the democracy ; and on its success depends the continued ‘of the State, aud the the Confederacy. Tbe Ath is fn favor of religious liberty, ad eulogises big os pr gees v ‘ixth recommends, and insists Clover, nominated for i ; E E A I 8 faithful ad- herence to the compromise ‘as the duty of the North and South, and contends that the ive Slave Bel eee ree eee or eene Deere @ seventh calls uy democracy county to sustain the Unionat all hazards. “The eighth says the neglect or refusal of Governor Johnston to sign bill repeal the obnoxious section, act of 1847, closing the jails for messing et teat tive slaves, is in_vi of the wish of a large majority ition to the con- of the jle of Pennsylvania, in stituticn, and showed bis a feelings and ies were with the wg” Dey abolitionists, to secure their vote at the next denounces Governor Johnston as a truck- abolitionist, and unworthy of his station. following was offered in the con an amendment to the above resolution, and viz — ‘That we are in favor of the revenue tariff based on the ad valorem system, which equalizes common interests, and are still ats to the democratic principles avowed the National Convention at Baltimore in 1845, and which have sirce been avowed by each succeeding State and county convention. Hon. James made his appearance t" the meeting, and was received with ‘enthusiasm; «od after Dr.T. Dunn English, of Philadelphia, had made a few remarks, by request the ex-Secretary of State rose and delivered a very eloquent and effective address,which lasted about fifty minutes, during which he was re tedly cheered. Ie began by saying the conventions of parties h had political chosen their standard bearers. The issue was then fairly joined, and the democrats had, this day, assembled to Tatify the acts of the Reading and Harrisburg Conven- tions. He spoke in the highest poasible terms of the character and qualifications of the nominees. He de- nounced, in round terms, the infamous attempt made b certain politicians to injure Judge Campbell as a candi- because he happened Roman Catholic; and dat to ben bob if such principles were tolerated and carcied out, the destruction of the democratic party must be the con- sequence. He next adverted to the danger of the Union if the North in resisting the Fugitive Slave wwoen the North and South, and expressed his fears for the safety of the Union, though he hoped the best. He next re- ferred to the positio.. of South Carolina, and the fixed determination of other Southern States on the subject. After whicb, he paid his respects to Gov Johnston, and entirely disapproved his course, He insisted that the compromise measures must be carried out, of most dire. ful consequences must inevitably case. He sonslded very able ai werful « a and mereiful Pro eto guard tie United ates from im dangers now, and in all time to com fier which three hearty cheers were given, and the meeting separated, highly delighted with what they had beard from the great statesman, Politics In Vermont. Mowrresien, June 28, 1851. Hon. Lucius B. Peck, nominated for Governor by the free soil convention at Burlington, declines to be a can Se and gives his reasons in a letter in the Montpelie ratriot He rays that he cannot assent to the resolutions pass- ed by the convention, inasmuch as he believes the Fu- gitive Slave law to be constitutional, and he cannot ad- mit that the act passed by the last xing the State courts to take. by habeas carpus, out of the hands of United States officers, is a just exer- cise of the powers of the State, Passport Regulations—Im| t to Amert- caus Visiting Europe. Bostos, Juno 28, 1851. The following letter has been received from J.C. B. Davis, of the United States Legation at London: — U. 8. Leeation, Loxpox, June 10, 1851. Ry a ifunknown to the minister, the secretary, or the other gentlemen copneeted with the legation, is required to farnish some proof of his citizenship. The best evidence is a pass- port fre Department of State, which can be easily obtained before leaving America, N. to that is « eo from the State or local ent, which can « tor govern: xehanged United States paseport at tho lega- failure of elther of these, gentlemen aro tity, | Nata. m ut to trouble to prove their id: d citizens, particularly, should being Official proof of their citizenship, These rules long in force at this legation. aud are strictly observed. The Russian authorities in London, I am told, refuse to vive paxeports, I do not know any vay to get a pass ort for Kussia, unless it can be got at the legation in Vashington. ‘The French regulations require the vise of the French geneul in Landon on the passports of llers entering rm have no trouble. port from Washington, and chooses to r going without the consul’s viaa, (for which » fee of about ove dollar is charged.) it will not be necessary to come to our legation in London at all. ‘Travellers will d "y a rimilar rule throughout their travels, It will certaialy st deal of hurry. probably a great deal of ex- pense, A register of Amer pas’s news room, and Charing Cros. The Talcott Court Martial. Wasnixaron, June 28, 1851. The court assembled at the usual hour. Morris Adler testified :—Was Clerk of the Ordnance Bureau. from 1831; Dr. Carmichael cail d on bim Novem- ber eighth, for » list of the prices cf shot hitherto fur- niched to that bureau; he gave euch list, which he be- lieved perfect, until shortly afterward, when he found that the shot was furnished at lower prices by a Phila delphia firm; he mentioned the circumstances to Gene- ral Taleott, who seemed vexed at the omiseion and at the furniching of each a list at ali: Gen. T. directed witness to inform Colonel Huger of the prices of the shot fur- nished from Philadelphia. Captain Maynadier re-examined—He stated that the manner of purchasing ordnance supplies was by orders approved by General Taleott; he recollects but one Written contract during his connection with the Borenn; it was ma@e when Mr. Wiikins was Secretary of Wor, and was written in triplicate; orders were the usual mode; written contracts were the exception The witness gnve further an«wers relative to his former testimony, ae did also Mr. Anderson, but nothing addi- tional of linportanee was produced. ‘The court then adjourned. Advices from Santa fe—Rise of the Missourt River—Death by Cholera. Sr. Lovrs, Jume 28, 1851 An engineer attached to the Boundary Commission. gad ie pean and lady, of New York, have arrived a” inde} Large bodies of friendly Indians are eneamped on the Arkanens, waiting to go over tothe general convention of Indians at Fort Laramie, next August. ‘The elections in New Mexico are over, The a ture was to meet next June. HN Smith was elected to the Senate. Much was excited on ac- count of bie rejection as of New Mexioo. A large body of Indians of the Picos, it was feared would attack trains of traders. They were watched by two or three ec nies of Many traders were met all route, by Col. Summers command. A Bute much sickness prevailed, five or six dying daily. ‘The cholera has abated at Independence, but is pre- at Westport issouri river ie again rising. and overflowing ite banks Our whole levee is covered with water #ill Nathan Ames, pork dealer, died of cholera this morn- ing. a zee. Southern Items. THE PRESIDENTS RECEPTION AT RICHMOND —HEALTH OF NEW ORLEANS—THE UNION MERTING IN SAVAN- NAH, ETC. Rarrytone June, 23, 1861 The New Orleans mail le threugh The Richmond papers contain glowing accounts of the reception of the President, particwiarly by the conven tion, The reception at Fredericksburg today was also very eotburiaetic The Piewyune aye thet New Orleans, at the present tim, is unosually healelny The Union meeting, at Savannah, on Tuowday nigh’, wae large and enthw inthe Viohent Thunder 5 on Py w ot, 1381 only Ns a toroaile A violent Younder rt Solem last evening, the © a The lighting struck one of the siga Banede of tne Rarterp Halirosd in North Beverly a hettered on of the ports. Tt also passed along tha telegraph wir feveral hundred fret enoh way, eplitcing the ports aod destroying the insulation ana The State Bank at Morris- CHARGE OF JUDGE OGDEN. In the case of the “ State of New Jersey against Lam- bert Norton, David Sanderson, and others,” at the Cir | cuit Court at Morristown, on the 24th inst., Judge Ogden | delivered the following charge, for which we had not room in Thursday's impression:— Gentlemen of the Jury—The seriousness of this iasue | requires that you should fully understand the import of | the terms einployed by the State in framing » legal La 4 inst efendants. yy may be | used in the ordinary intercourse of men, and in common | which implies no criminal intent, and the same language, when embodied in a penal enactment, taken with the context, in defining and declaring an of- fence ogainst the public, involves the presence of a cor- rupt and wicked . The term conspirator pre- sents to the mind the of a wicked and dangerous | man, and the charge conspiracy is calculated to io sentiment with a foregone conclusion repossess of criminelity. To conspire means, in the primary sense | of the verb, “to breathe together,” “to agree,” “to con- | cur te one end.” A conspiracy, per se, is an agreement between one or more persons—a concurrence to reach one end—a banding together, for honest er dishonest | purposes. A conspiracy, in law, is “an agreement be- | tween two or more persons to doan unlawful act, with an evil intent.” jes cannot legally be convicted of the crime of conspiracy, unless they be proved, beyond ques- | tion, to have entered into an unholy concert to do a unlawful thing. The testimeny should be sufficiently clear and convineing to overcome all proper charitable inferences of motives, all claims to favorable considera- | and to sa. \d_conscien: offence ha tion, based upon previously well spent liv. impartial, unprejudiced, intelligent tlous jurors, that, beyond peradventure, an been committed. | Upon euch proofs « jury should con- viet. Although the crime be infamous; although it be with jhemy, and pen ears st ene ame end | aconvict ofit, until isexcluded from the witness | stand, yet it is an offence against which the community are protected by our law. ‘The consequences of a crime should lead jurors toa . cool, and diligent jnvestigation and application of the testimony adduced; but sue! consequences cannot with propriety be presse furnishing an excuse ir plain duty, or as @ make-weight in the balance against the nees of truth. The de- fendants in this indictment are six individuals who were connected with the adininistration of the State Bank at lorris, at the period of its late failure. Some of them have held honorable posts of trust under the govern- ment of our State—some have pursued the even tenor of their way in the unobtrusive walks of private life, en- confidence of all with whom they have mia- ive stranger in this county. led jled—one is a com partake in the active management of the affairs of that unfortunate institution, without a breath of suspicion tarnishing his by- life, and during his short sojourn in this community. having won the favor- able opinions of (he good and virtuous with whom he has associated, contributing his time and ability to teach, in imparting instruction in your Su schools, and habitually going up to the house of God, sebmingly « sincere worshi| , to confess his sins, to acknowledge the frailty and weakness of human nature, to pray for spiritual aid, and to cast his reliance for a safe deliver. ance in the great and final change, upon the intercession of a Judge whore simple requirement of mercy is, that he should do justly, love mercy, and walk humbly with our Ged. The defendants, one and all, claim, that in judging of the evidence upon which # conviction is asked against them, you should look upon their past lives, before you stamp the impress of fraud ard corrup- tion upon the acts which are d upon them. Some of them have called upon gentlemen of high respectabi- lity in our State, well acquainted with the estimate in which they were held in their respective neighbor- hoods, and among those with whom they are joined in the intercourse of society, to inform you of the com- exion of the cheracters which they have established. Biers of them, having passed in your midst, from ehild- hood through the meridian of life, aud now declining into the shade of waning years, have abstained from pre- senting witnesses to testify to their good fame; not be- cause they shrunk from that exhibition, but uae, 1 the judgment of their counsel, the clear brilliancy re- flected from an honorable, open, aud well spent life, would be marred rather than beightened in your eyes by any superadded lustre. That claim upon your conside- ration gentlemen, is a legitimate one. Conspiracy, as a crime, involves moral obliquity It cannot be formed and executed without the agency of corrupt and wicked . It must be conceived in sin, and be brought edits iniquity. Hence, these defendants can jastly ark you, when judging of their motives, to pause and re- fleet whetber they were capabie of making. at one stride, tuch a wide departure from the path of rectitude. Good ter ix not permitted to override convincing proofs. Because a man may have led an uncorrupt life, and ing but what was lawful and right, he is not to be askumned as infallible. Some of the pat minds, in an evil hour, have been tempted to the concep- tion and commission of crimes. Very many of the un- fortunate inmates of our prisons cam reflect ul the period of their first criminal transgr: «sion. aod wih honesty can say, that up to that action of their life, they sustained a fair reputation. Chsracter may under certain circumstances, avail the accused. In unfbiding the priveiples of moral conduct, where motive for com- mitting the crine is a subject of inference, the offence and intention me a principal ingredient and the proofs leave the care in some doubt, a presum, tion may be received that the person who has main. tained a fair reputation down toa certaia period would | not then begin to act ® dishonest and unworthy part. | The courve of transgression generally is ve. It | first developes iteeif in the commission of small crimes, and. emboldened by success, it aspires to loftier effor' While, on the one hand, if the facts produced up criminal trial are such as to satisfy the juror’s mi the guilt of the accused. character, h pwever excelle ‘no subject for consideration, so, on the other hand. if any doubt is entertained of tbe guilt of a party, his previous geod character should stand him te hand in his hour of peril, A man, with a well earned bigh reputation for integrity and elevated bearing im the circles in which be moves, Chough poor in im | estate, is rich in ala able acquisition, which should aid him beyond the power of gold or sliver, in the hour of adversity aud accusation, while he whore © good name" i# gone, “ is poor, poor, indeed.’ You, gentlemen, are to judge, upon a view of this whole case whether there defendanta, whose clarac- | ters bad been previously unblemished, have or bave not ecmamitted the ¢ffence for which they have here been oall- ed upon to answer. The facts of the cave being before you and the law rettling the ebaracter of the indictment, it | remaips for you t+ determine upon the whole evidence | end circumstances, whether the defendants bad any | erminal devign in taking Mr. Sanderson's" name fron | the note. Suppore that they had been i 4 upon the rixty-nimth act of the Kevied Statutes, found in Face 277, for destroying the endorsements of Mr, Sander- | son upon those notes, is there sufficient evidence hetore | Zt to carry clear conviction to your minds that they | nahelously ected in that matter, with intem to pro | Judice, ixjure, damage, or defraud the bank, or any | other perron? ‘The learved Judge them ewtered into a | stetement of the charge against the defend the wature of the case, and reenpitulated the t y He also adverted to the objections to the indietment and said they were unteuable; aud then proceeded ‘There is no proof of any agreement, gentlemen, the reeclution passed ov the night of the auth of It is true that three of the directs New York; but that feet alone is not Tupt design. A witness has also proved that be talk at the hotel in Gourtlandt etreet; but thar ration was rather dirveted towards toe bark than the defrauding of the stookholler there was any agreement. therefore, at New ¥ tween these three defendants. docs not come to the conclusion that the net reed ia the tm dietment waedone when they retarned to Mogriste wo, in consequence of a preconcert. This woult be a hareh conclusion. Two of thei came upin # wagons Col Thompren remained bebiud. Why did he dows? {thee misfortune that the State » involve all the parties in the i und it nee tment, # a8 not give any explanation of the conduc! and motiv another, The State could not weil eet other is a misfortune inthe care Did Col. Thorapyow hind in New York for the purpose of supprersing th ; the bank, and upholds its ce Jin crder to cover the tracks dinorder tho better to carry out the alleged conepiracy ? In the absener of proof to the covtrary, it is your duty, gentlemen, to draw every charitable an’ fw he eondaet of the necused. On the ts. Bander sep and Norton, a meeting of t wine colied ‘The first business talk: Menltive of the bank The reports eniew d to rive apprebon don, fore joked gloomy, Bet the now brooght by Cel. Thompr ved from Wiliiary Norton, son of the president, ju references to b. A. Bhompoon, dis pelled thore fears. ‘They nil implicitly relied npon this ho had wormed higieeif ioto their cond. | made them ineteyments (innocent in- I hope) tu producing the downfall cf the ar plausible, 04 fing appearances, and tasina- ating manners, and he induce” General e and De. | Doty to be ditectors. Thay wll believed in him. After thie ma: f, Nortom stated that Saarter- ron bad Alatere | curity gat upon two notes of F Thonipson, amounting, tos? 16.000, and it Gas apreed upon ys previews, that the stock be transferred to the Bap « in lien of Sande h h ments. He then prone eed talked over, ard a A, withont one of the “directors rayin was bet ter security thea ¢ny iman's end other, that it was better than t t J andid opinion. ¢ directors te was transfert Vale thing woe dh ledge nat the bank ¢ {Po ‘defendants murt ty Wye it bas been ure f Hoferred by the f a th wing ew s large proper ’ nk. What wre the when they edjcurred t wid be ¢ ght. om hone xp of TAs tent the direction giver & Nn the Caebier, to teli who spriicd Woleb stan June 25 =-Newell, Stertenant and others, v9. iyi ty Browne--This evit te brought for not giv wehied os which. aa the complainant alleges, the defen him; It to give upen the wale and delivery to him of hew th eral. of about 200 toma, in July, 1840 I woul «$4 8 per ton. Th took tw nid o penknie cond wes taken by plaintiff | took up bis hreloek, anid it wae londed, and presented it | vonth street, BK. ‘The def he-aid fsbould either go with them or suf tween twenty and thisty PRICE TWO CENTS. on the morning of the Slst, for payment of its bills, | of the conversation between the men, and I that they expreted by the cars s gentleman from New | show that he counived at it, 4 recy York. who would make everything straight—was this | Witnets.—I was not at the public house that éty dur rincere, or was it an ovasion to put off the creditors ill | ing my guard; nothing occurred to interrupt tbe the directors paid themselves, and took ail the available | feeling between me and the men up to the time of funds? The directors all remained there, and no doubt | detertion; the officer on garrison duty visited the gnard waited with anxicty, till they received aletter that E. A. | at 10 o'clock; after he visited the guard there was re- Thompron would not come, and that he had gone to Cin- rot to me that some persona were ing down towards’ cinnati to look after the atfuirs of the bank there, and | the houpital. but I tok no of it, as it was of fre left them here to do the best they could. They at once | quent occurrence; I went down to the wharf; aaw mo pes" changed their minds about the man, and they took it for | son there, and went back again; the keys takem fromv granted that the bank would fail, But it is said | me opened the large wooden and wicker at the they helped themselves. But the question is, did | burial grands they were entrusted to my Share the they take anything that was not their own? If they | order thatthe corporal should the keys in his own paid themselves first, however open this might be to | possession may be viclated. for all know. by others, but criticism, in a moral and honorable point of view, it | doer not amount to a criminal offence in itself. | It | is only a civil injury, It is not a crime per se, unless | it is ‘a part of a precedent plan. though it must | beconfessed it was imprudent under the circumstances. | It is true the minority of stockholders were entitled to the faithful diccharge of duty by the directors; but | must you necessarily believe, or can you rationally infer, that those directors intended, in that proceeding, to cheat those sharcholders? Bill holders and depositors were slso entitled to faithfulness at the hands of those direc- tore; but must you necessarily believe, or can you ration- ally infer, tbat {hore persons, having each, within a few short weeks, individually sworn that he would do aud perform * all the duties assigned to him as a director— | that he would, as fur as upon him depends, conduct the affairs of the bank with justice and impartiality; and that he would not do or suffer any fraud or embezzlement of , the property of the bank, or of any person dealing there- with,” intended, in the proceedings of the 30th of Oct. 184%, to prejudice or defraud any bill holder or other creditor of that institution? If the whole care diligently examined, and carefully (nay. may I not say, te a picked jury of Christian men, prayerfully) scanted, does not pro- | ‘duce that conviction on your minds, the present indict- ment cannot be sustained. If the ingredient be wanting which is necessary to constitute the offence an act which is the object of a conspiracy. an agreement to do ever is violated by me; I never entrusted ‘the keys to any otber person while I was on guard, unless whem go- ing round with a relief for sentries, Prisoner —Were you long asleep before you were awa- kened? Witness —It might have been half an hour orem hour, forall I know. Prisoner—Morpheus must had a very tight hold of you. (Laughter ) Witness.—The rope that confined the gag confined my arms, and I could yt speak until L removed it, <n have ao moe questions to ask him, —s remark, that with the exception of a few answers, bia statements are false, i ‘The Commissioner then asked the accused if he bad anything to ray. ‘THE PRISONER'S STATEMENT. ‘The priconer sa'd :-—On the 7th May, 1851, 1, with eight more soldiers, under the charge of Lance Corporal Richacd Douse, ef the 07th Regiment of Foot, at Bt. | Jobn, New Brunswick, paraded for guard, It was the Ordnance Guard. Some of the other eight men were very young end inexperienced, and made use of foolal. aurrcaddonsssigaire Lapin sig view, Te oigeet dent, of frightening the corporal in charge. ' The of there exieorcens was both to frighten the corporal and to extract his opinion on the subject. To this com vervation the corporal agreed. It was about an hour after the guard bad mounted. The guard mounted at eleven that act cannot make, in contempiation of law, an un- | ¢clCk+and this conversation took piace s little afte , “4 7 ions of lawful and maliolows conspiracy.” You. perosive, gentle. | Weve. rom the many desertiona of guards whist test Som, that the whole ease ts ta be dispasen of ty pear de- | ence, St St Jckm, the non-ccmaistionel eteens Je termination of the motive: of the defendants.” ‘The act | Chive twed to be very much Poin tegen hm ea done was either lawful. or, at least, but a civil in- ’ compesing the guard. The subject dropped on the oo- Say Bet petahess ried gee ooreg pon eg a casion Tellude'to” ‘Tho acon ak cone shop, Was fraudulent, mulicious and corrupt, accordi ahr the Intent which moved to aod consummated’ it, | "Dich was sit cratigenes 0 the guath inane ae quently that day, from eleven in the morning till seven It bas been urged that Mr. Sanderson had a pe- | oclock in the evening, for the purpose of getting drink. cuniary interest to sdvance—that he may have over- | T- | Nothing remarkable cceurred to disturb the monotony drawn without consideration upon EA Thompson's | of the guard's duty, until about twelve o'clock at might, paper, to the amount of $16.000, held by the bank; and | when seme of the guard brought forward the subject of that he corruptly attempted, in that agreement toes- | desertion; the corporal, at the same time, was lyi cape bis Hability. But in the absence of proof of any | acteep: laboring under the effects of drink, It was uch declared intent, it should be remembered by you | to, by the whole of the guard, to desert, One of the me: that at the next meeting, when immediate means were went to a fisherman's house, routed him up, and told suppored to be i for the convenience of the | him our intention, The Ssherman immediately brought bank, he propored to put bis name, with others. upon the | bis bout round to the wharf, remained there until buck'ot the draft ct E. A. Thompson. made upon astran- | we were ready. Aw the boat had been in waiting, and ger, for $15,000, No pecuniary motive is charged against | everything ready for our departure, we agreed to give any of the others, If their joint not was corrupt, they | the corporal a chance of accompanying us We roused have passed with magnetic velocity from the bright ways | him up from bia slrep with much diffculty. and told cf honesty to the devious paths of fraud; wnd inthe coa- | him our determination, and asked him te accompany fequences of that act, have learned to their sorrow the | vs We told him it was quite optional with bimself te bitter Ierson, “ that the way of the tranagressor is hard ”’ | do go. to which be replied in the negative; and, in order However imprudent, unadvired and heedless theic coa- | to weoure our eafety, and to prevent bi giving the to his wides, shook bands with him, an quel, may bave suffered peeuniary loss from their | bye (Laughter) As to his evidence about my pre- act, can meixtain actions for civil injuries. is not | senting a musket at him, there was no sush thing done. a question for us to settle; nor would an affirmative | After bidding him good bye, we came out of the guard- rettlement of it, fasten crime upon these defendants. | house. leaving bim alone, vored to look the There is another matter. The subsequent failure of the | door on the outside, but could not succeed, the look bank ought not to affect your deci-ton, ualess you be- | being out of repair, We went to where the boat was im lieve the di fendants previourly knew it, There isnothing | waiting for us, and got iuto her, perfectly satisfied of about which there is so much prejudice as the failare of | the corporal’s being unable to give the alarm watil we abank. It has been swid that the public expectation | had euined evfficient ground to prevent them pursuing demands victims. But I hope that thisfeciing will never | us. and we reached Enatport on the following dat rway ® jury in the eonnty of Morris. Public expecta- | morning Having been led to believe that we were thea tion ia founded on prejudice—founded on personal inte- | gute, we let the people there know what occurred; bat rest—it is pot reliable. You are not there for the pur- | failing ia finding any employment in Eastport, we mw pore of weighing public expectation, but for wrighing | solved to travel west until we should get some employ- justice in the balance, T wim admonished by the hour | ment—it did not matter what, so that tt was in « lawful that I have alvady detained you a great while. and | way. One wan of our number succeeded in hiring with that your patience omy well nigh be exhausted. ‘There | q farmer, near Rasrport, and the other eight proceeded are many facts to which I have not adverted. on the until they reuched W chias, and, on reaching that one ride and the other; but which, nevertheless, are not village, we were overtaken by Mr. Woods, Sheriff of the without their significaney You will examine and apply | county of Washington, who arrested ux by virtue of = them te the case. I cannot fully commit this case to warrant issued by D. T. Grainger, Esq, Justice of the cu, without expressing my deep interest in the result. | Pesee for the county of Washington, at the instiga: om Catted, im the course of events, to preside ic this temple ot 8, Sherwood. Esq, Britivh Vice Consul at Bastp tty of justice, L have the misfortune now to meet at ber bar, fir having feloniously taken firelocks, sidebelts, pou) @lly individuals whom { bave favorably known from my early one boxt. und four oars, the property of her Sr.ta mle duct may have been, yet if it be purged of fraud. it may | alarm about us, w not be criminal. Whether parties who, in the #e- yeuth—some threugh the ordinary intercourse of Majerly. On thie warrant we were committed to pry a keme by the uuiversal teetimony of thetr more immediate | in e:der to afford the prosecutors sufficient t associates, and ope as @ member of ® profession which I | to wppear against us, which they did at 10 o'clock Om honor, That, under such circumstances, I should have (he morning of the } May last. The major © me been able to maintain, with « firm and unwaverin, ch we bel thrend, the pathway between theangjesty of the law an Conrul, Mr. herve my accused friends, was a duty hard to be performed ; » Ashburton treaty, however, was that under whiel but I trust yemtlemen, that I have succeeded. Thecase th: y ciximed us; butthry failed, moonsequence of no felo~ is mow with you, It ix the case of honest lives, en- | nious charge being proved against us, and; after endea- shrouded in gloom, and suspicions, and accusations, yoring to eubstantiite the change, amd failing, the pro- Deliberate patiently and well, before you determine. At — gegutors left the place, vowing to have satisfaction in am- all events, let Justice be fully done; ‘and may such light | other place than Machias. We were released by Mr. beeart upou your path as will enable you, iu the fearless Walker, the m ho assured us that there wae and beuest discharge of this most important duty, to | po further davger of « similar attempt being made to reach. with satisfaction to yourselves, @ verdict whieh impeach us for the same dishonesty ax the one whioh hat will lift the accused up from the dust, return them puri- failed just then. With this assurance Fleft Machina, and fied from eciminality to their families, and enabie them — made the best of my way to Boston, where I eplisted in to pass the remnant.of their days with uplifted coante- | the United States army, under the same name as that Dauece among honest aud virtucus men, which I bore in the Hritich serviee, conscious of my in- --— —— nocence of the erie with which Ihave been c United States Commissioner's Office. 1 wae stimulated to the step of desertion by the example Hefore Joseph Brigham, Esq of the Americans. which country, after escaping, I adopt- EXTRADITION—DESERTION FROM THE BRITISM ARMY | @d, and swore immediate allegiance to this republic — INTERESTING CASE. This step origina’ by ans of the Can ted Si ve. Stephen Walsh and eight | @nd_ injustice which I experienced in the Walsh Was arrested and brought before *ervies. And hi ly sppeared before = tthe requisition of his Excellency, | €ourt of Americens in the State of Maloe, I was eubes- even when ough Anthony Barclay, Esq. | nist him and reaty between | United Sia ted August 9 | e ult upow Rich, | the wuthorities and cltizens w By | elde in thelr opinion a warrant i-sued + the provisions of U and Groat Britta h United States army, but was left individually to buffet I wil deplore my fate the more shoald this country cotn- giving mo up again te ard Pours bb him ¢ wen an the control of Brgland; but then, and not til siiciot tics sranarte ob ea duce Viet then, would my wretehvdness be ecmplete, as the male prisoner, Bleplien Walsh oa 4, | tery nuthorities there would not be guided or »wayed by ond brought before the peared in | Jurt «r honorable motives, but would reve uly aod niform of & United Stq diva temark. tyrannieully make « living example of me, by sente ably shrewd and intelligent Iriehman, well calculated. wa aneportation, doubtless for my future life will be seem by th wing report, to adorn # position rds raid that be need no: trouble the Com- requiring tnet, education, and ability. Mr. Che Vd enurds aeted as The pri teekford, the down some aa. be Court. The ®. Edwards) ba he would hand to fe ( rities, which is nswiek, and that hiche Bt. John, New Br “ arrant produced from the Gover € ly remarked, that in the State of thes previ ERT CHEE yt hold him under the Ashburtom. Anth wlay, ¥ 1 BM. Consul at the port ptenling does not come vader the treaty, rq sworn and examined hy Mr. Cha thengh rob com, snd the robbery consists in the 9, dé pared - sate bow rat Consul bere for | prisoner's taking the knife keys from the person ny i agente aca ep ange feng poral. Mr. Rdwards then said that the acoused n himself to be a shrewd ond intelligent man, fended hiua better than he ure to the warrant British Minister in his: 1 join with the od himeclf oner bee! he prisonee » tinder what plea do used again expressed a hope that he would mot envanding my beng eat back, | be d tothe tyranny from which he had escaped; ect of the United States? © to this country with a desire to ad him ‘ { robbery " t ral of the @tth regi able to pr pearance whieh w: nary to mereantile community, he years in the country ef hy deposed—The regiment i New Bru ofher Majeaty the i naw him © €f Gront Jobn Greg at alow! 1s 0 ward 1 dbed bys Superior Court. Betore Judge Paine nd gave notice tot ld him be ht do agemt Aaa eae ant to take the con, a it was al fied with ite qualiay f to be ted and gaged aved; Thed no p hd could make no resist — pinintiffa, that ho Walsh wait if f attempted to make any noise. he dard ofan inferior descr olf the wharf; the wharf ts | tiem om the triad was, ; they then gagged me; Walt | the eonl, the testime stood over ino With his firearms while the other men tied | jourwed api we otetick (part of broom handle) in my moat, Before Hon Sade Mason. tit fe-tened it under my arme; that peewented ino f2om | nny OF Juin Wood vs. Wm. McCra—This waa om taiking, | could only breathe through my nore; they | gytion for $7) 72, balance of account slinged ta be due then went ont, ond Walsh ond Nelson returord amttook tye pinintiff by the defendant. ‘The plaintiff, & the gag out of my m or Walch hod | jeg tailor.and a member of the Raxter Guards, and map- taken my knife and keys— ode thesccoml plied that bedy with miitary clothes th the amount of time would | desert; Fanswere 1 no, andanid that if they | gorg41, of which eum the balange naw svaght remaina tock me they should take my life; they then gncged me | Unpaid. and he eues the defendant as the Onptain of again, put owt the candle, wut | sed | company, It is also commanded, om the gat Of the piala- locke lt be door on the owieide; Lheerd one of the men | ti@ that Captain MoCrea paamised to pay the ery “ all's weil; that was about 2 o'efoek in th» morn: fence i that the @efendant did not order the ing; [rolled about on the guard bed until I roiled on the | that the Guards were Hable as a company, and ancl tue fail loveened the rope on my rictt crm; 1) that Captain McCrea wax not Habla Verdict for plain then worked it oft by degrees untit I got tay Hiberty | | ug. $76 75. tok the poket and burst the door epen; I them eailed to ‘The trial terta was hen adjourned for the month. Drentry trom the sain guard, ond told him to send | (The genernsderm for the heating of appeals from ondene and a file of men from the main made cn pon eyeumerated motions, will be held on the when they came, jmme ly @flerwards, T | 18th day of July, and the first Tussday of § ert to Capt tes the captain Of my compy | next J tas I know, Waleb took my keys ont unite with } sreciat Team. has; T made 6 rect att dont, and the keys about Ove Tei re Judges Sandford, Duct and Campbell. philtle Jung Y—Seswel M. Thompson ve. the Mayor, $e. of Te th r 1 can't te mistaken in th New Vrrk —Pil diminced. with costs ntity t; T heve ten him foar year Bvaene Lentition ve the Meyar, &- —Jadgmont te. t by th ht of & cutwtic; he { +rad. end new triel ordered at the Special Term, * ty to obide the event of the ewit , ‘ 7 iad @ V. Theicher ve the Rank of the State of New York. ' ' tat o <Jcdgment at the Special Term reversed, aad jadgment " ’ te be enered domiseing the eomptaint V soy WC Beckieith ve the Bank of the State of New Work , 5 . femed. with Costa deata ~ Set . Judgment at he z Term ef t the fret gabund ’ the rer bath ‘ } de t rior modified «@ ae ‘ witout corte 4 Reily ve David Dewies —Deokded Uhat the 7 Wie Te te tena did not come in qheetion, and ing i ont, Cie ai Fur cogricant | platmtidl is met entitied te coum.