The New York Herald Newspaper, September 2, 1851, Page 4

NEW YORK HERALD. JAMES @URDON BENNETT, PROPRIETOR AND EDITOR. ‘SYPICE N. W. CORNER OF FULTON AND NASSAU STS. eee ) THE DAILY HERALD, 2 cents per copy—$t per KL YH) , every 8 t 6 Lea co tr yard at etcenmetn en rer Britain, and $5 to any patie ea Tay th to include the postage ‘Wetame XVI AMUSEMENTS THIS EV GABTLE GARDEN—I. Bannsene v1 SevioLsa. TRE, Bowery—Txx Exenanp Isur— Dene te Ctoe Leck. WAY THEATRE, Broadway—Farvr Heanr Ne- wea Wor Pain Lave—Cac ery a—Daiicare GROCND. WIBLO'S GARDEN, Brosuway—Huvennacs. THEATRE, LICOwOY—GRinsHAW, Bacsuaw and Baav- ‘wuaw. TIONAL THEATRE, Chatzam street—Love axp ‘cana REN JOANNA. ‘BROU! R EUM, Broadway — Fine Bares — wares Afisani Senoct ron Tiemaa. MINSTRELS, Mockanios’ Hall.73 Broadway an MINSTRELSY: Hall, No: 444 FELLOWS’ MINSTRELS, Fellows’ Musical AMAZICAN MUSECM—Anvsine PaRvonmances Av @ERNooN 4nD Evewine. FRIPLER HALL—Sommere Macrques. Sew York, Tuceday, September 2, [851. ‘DOUBLE SHEET. Weight of tne Heraid in Wrappers. Wamanr Benard. «oes cece cee cere ee 16 08 ‘Bownes Surcr Hera. . 1.42. e202 eee eee) DE OM Brews Buscer Bresv.... Telegraphic ammary. A report from Savannah announces the arrival of @ schooner at that place, with five days’ later news frem Cuba. This intelligence represonts General Lepez to have been successful in all his engage- ments. General Eana, the Spanish military com- mander, had been killed, together with a great Bumber of hisfullowers. Reinfurcemonts were said to be daily joining the liberators. The greatest woeesee excitement prevailed at Havana, which appears to | have been protected by a very emall number of soldiers. We understand that the fugitive slave Daniels was discharged by the Juize before whom he was brought, on a writ of habeas corpus. The telegraph does not inform us on what ground he was dis- charged, kut we presume it was the same on which the writ was issucd, viz: that the tenth section of the act was prospective in its operation, enddid not extend to cases of fagitives exeaping before the passage of the act. Daniels proceeded te Canada as soon as the decision was rendered. The President has announced his intention of accepting the invitation extended to him by the Common © great rail @uties will allow him to leave the seat of go- vernment. The govert tachment to be issucd against the steamship Ala bama, on suspicion of her being engaged in the afterwards il of Boston, to be present at the d jubilee in that city, if his public ment at Washington ordered an at- Cuban movement, but the vessel was released. Accounts from Mexico state that the two vessels Fecently despatebed from New Orleans for Tehuan- tepec, have been seized at Vera Cruz. Thore had beer a fatal riot at the latter place, in conse- quence of the tax. The Indians appear to be giving the Mexicans trouble. From Texas we learn of more Indian deproda- tions, and the robbery of the Point Isavel Cus- | tom House of $10,000. We are pained to observe accounts of several Serious marine disasters, which will be found under the telegraphic head. Arrival of the Atiantlo—The Cuban Question | in Europe. ‘The Collins steamship Atlantic arrived at this port early yesterday morning, bringing European intelligence four days later. Cotton, in the Liver- pool market, was firmly held, and had advanced one-eighth of a penuy on the pound. The weather had changed since the last advices received from the corn market, but the rain that had fallen pro- mised to do no serious injury to the crops. The harveeting had commenced, with good prospects ‘The Atlantic has now crossed the ocean three times in thirty-seven days—a fact which speaks well for tae Collins line of steamers generally, and for this veesel in particular. Tho best test of the eomparative sailing qualities of the Collins and of | the Cunard steamships, however, was afforded by the last outward voyage of the Canard steamer America, and the Collias steamer Atlantic. Both oft the American shore the same hour, the former from Boston, and tae latter from New York; yet the Atlantic arrived before the Amorica, although the latter had an advantage of one day fn the distance to be accomplished. This was, to | all intents and purposes, as fair a race as can be expected between these rival mail steamships. ‘They had about the same winds, waves, ani wea- ther, and the voyage of the Atlaatic was the short- er of thetwo. It is not, however, in the steam marine of the United States, alone, that we may ectablich a reasonable and natural pride. Our ng marine, has done wonders, * as yet sucressfally com st bas recently been taken Azerica, now of Co ng the presence of seeme Britich yacht t with her. The Mhallonge io ea any wager, within fifty thea | #end-dollars, ha: not yet been accepted; @ontert takes pl gratification of cv and to prove the supe- vossel over any that floats on British waters. We give, in another column, a number of intergeting particulars on this subject The.ettempted revolution in Cuba has now be come the<heme of the public press in (reat Bri ‘We give, from the London Times, an article that Sadicates the policy that England and France would | Be happy to adopt if these governments were as ‘ered that the present administration at Washing | 4 ec do not entertain the spirit ef the Monros doo- t. dae with regard to Cuba. England looks to Spain for Mty-one millions of dollars owed to her, and will” &¢ very sorry to see a large debtor deprived of her, Vert boa and valaable jewel. It is for this r. eon, wo ame, that the leading journal of Lor dea, favoring the Spanich bondholders, % decidedly about England and France taking as tandon this question, and protectiag their ally, Spain. ‘The motive and the will are natural; Dut we can Wt conceal from the world the fact, that no Amer.'c@n statesmen have beea found, thus | fae, who will \“atertaio, for a single instant, the | ment of Cuba fideo of any charge in the gove from Spanish to a %y other Lauro cab rule. The thov'ght that the United states will concur—we belie.“¢ that is the word—with aay in Europe for an additional protection to Spain, wust arise from ig wrance of our iastitutions —from 4 want of apprecia.ion of our policy, and from misysken notions of the popular mind on quee- tions of tihs charactor. It har been rumored, for some time putt, (hat thore exists @ “seoret troaty” botwees Frans, Creat Brivai%, ond Spain, 7 which it will become the auty of | bas with the Ami | become subject to the rule of any other government | whem the citixens rose to oppom the collection of taxes _ No. 243. | than that of Spnin. We presume, moreover, that} by the government. The military were called out, and | the arrival of Sir Heury L. Bulwer in London, Will } several persons were killed ead wounded before the dis- nolities of the American sehooner | | poeple. erfih people, that Cuba cannot | | more fully and explicitly unfold to Lord Palmer | ston, and his associates, the very curious, but mot | lees important attitude, which this subject has as- | leans, under protest, for Tehuantepec, have been seined | sumed since the rumored resigaation ef our Secre- tary of State—and which events may present, here- after, even ia a more positive and striking pssition. We do not doubt, however slowly our govern- Chambers seos—Fawrry Jans | ment may ‘be disposed to “concur,” in view of the | apxicus apprehensions and strong desires of Great | Britain and Franoe, that it will treat applications | om this subject, as it has treated them already, | with respectful attention, atthe same time that it | will not be forced imto anti-national leagues aud | THE ROSTON RAILROAD JUBILEE, AND THE PRESIDENT. — | coneurrences by threats and intimidations of any | sort. Replies, already, to the foreign ministers at | Washington, have sufliciently instructed the govern- | ments interested in the subject, as to the very firm, painful, but yet certain course which the | United States will eventually pursue; and we do not hesitate to say that the British cabinet are fally instructed as to the probable character of the policy of our government, in the event of any official threats to make the President and his advisers re- creant to the duties imposed upon them by their lofty position. There can be no question that the American government feel deeply interested to | avert any serious consequences to any friendly power, from the attempted revolution in Cuba, | but that consideration has little to do with any question pertaining to the future government | of the island. Ifa revolution, worthy of the name, | has sprung up in Cuba, it is quite evident that it is | a revolution in which even the citizens of the United | States bave very little part. Indeed, we are as- sured by the Lowton Times, that consular despatches have prepared the European governments for an in- surrection, and conferences or communications, i is | | said, have already taken place between the allies of Spain. Nov, if those in authority have found the sveds of discontent deeply planted anywhere, itis | | a proof that the United States are neither entitled | | tothe merit nor the reproach, as the event may establish it, of having revolutionized the island. It iscertain that all the men ia our couatry who are | ready te take up arms, could only make a vaia, fool- | ish, and ignobleeffort at the overthrow of the Spanish tule in Cuba, unless the population of the island | struck the blow themselves at first,and were prepared to follow it up with perseverance and energy little | short of desperation. Let sympathy be as warn | and wide as it will, it can never be foand fighting | battles tor those who either sit down to watch the spilling of buman blood, or who sile with those they | may deem their oppressors and natural enemies. | If the force of Lopez bas boen destroyed—of which no authentic accounts have certsinly been pub . lished—then there would seem to be little necessity | for consular and official advices of the probable overthrow of the Spasish government in Caba, and | | even no reason whatsoever fer the very serious apxicties of several foreign governments, as ex- pressed in their diplomatic letters, and in the or- gans reputed to issue more or less of their opin- ions. While we regret, for Cuba, for Spain, for Fravee, for Great Britain, and for the United | States, the probability of great events growing out | of the recent movements in the Gem of the Antilles, | ot shrink from an examination of the grave tepics of discussion which must arise from a ques- tion destined to be the most important in the bis" tory of this goverument for nearly forty years. ‘The general political intelligence is without any | points of novelty. A kind of polemical war exists | in Germany, which may furnish eveds for fatare | disturbancgs. Religious toleration seems to be threatened with a serious blow for the present, of | course to bound again te its feet with a power irre- sistible. In France, the Presidential question as- sumes no new aspect. The aspiring heads still ap- | pear above the smoke of the contest; but uatil the obscuration has been driven off, itis difficult to say | where we shall find the Bourbons, the Orleanists, orthe Bonapartists. The political parties seem like | to those of the United States in the absurdity of we shal | their means, and in the general ends at waich they + Gim, in order to obtain the control of the popular will. Tux Botpine Fuerrive Case.—We give in our columns, to-day, under our law head, the opinion of the United States Commissioner Bridgham, in the case of Bolding, a fugitive slave from South Caro {| lina. In the opinion ef the commissioner, the claimant made out his title, and an order was con- | eeqrently made for his extradition. This is the , most interesting case that has engaged the atten- tion of our courts under the Fugitive Slave law passed by the last Congross. The defence was | rathernovel. Jt was contended that Bolding could not bea slave, because he was not of African descent, | and had no African blood im his veins. Severay | witnesses were examined on this branch of the case, | who swore that im their judgment Holding was an | Indian; that the conformation of his head was not | Afriean but ladien, and that his high cheek bones and general features were entirely opposed to his | | being a negro. The testimony on th se points was very curious, but it was of no avail, as the Com- | missioner directed him to be given up to his claimant. It is very probable that a sufficient sam | wil be contributed to purchase hie freedom. Thus | | we ree that the law is being faithfully administered, A disturbance took place at Vera Cruz on the 2ist, vurbance was quelled. ‘The two vessets which recently sailed from New Or- by the Mexicam authorities at Coatzacoalcos. Great distress is prevailing in Northern Mexico. The crops have failed, and the stock is perishing for want of water and pasture, The Indians are ravaging the coun- ‘The Brownsville (Texas) papers says that the Mexican government are prosecuting several Senatore, and that some have been fined and others imprisoned. From Washington City. ‘Wasuinaton, September 1, 1851. ‘The Committee of the Boston Counsils waited upon the President, on Saturday evening, and invited him to par- ticipate in the railroad jubilee, to be held. at Boston, ‘The President replied that it would afford him great plea- ‘sure to be present, but he would defer giving @ positive answer until It could be ascertained whether the state of public: business would allow of his absence from Wash- ington at that time. The heads of departments have also been invited to attend. Destructive Effects of the Late Gate. Provipence, September 1, 1851. two former powert to asslet Spain, if requisite,| NEWS BY TELEGRAPH. THE FUGITIVE SLAVE CASE. in any etruggle to hold her possessions. This re- wn AAAS wane to gain confirmation by the tone of the from Mexico. ‘The Decision So ty ad the Delivery opinions in the British journals; but, though a war | SERIOUS RIQT AR VERA CRUZ—THE AMERICAN VES- sTaTEs ener "3 COURT. would be # deplorable and lamentable result, we | S#™S YOM SEIZED—DROUGHT, ETC. UND erie Gediieae te | think that such secret understanding ia ‘New Onieaxs. August 81, 1851. Brrr. 1—At 11 o'elock this forenoon, Mr. Commis: come shi We from the city of Mexico to the 16th | sloner Nelson took his seat in the U8 Court room, for between three European powers would have the Pe, wan 9 i ar bogey gle te | cf delivering his deolion in the case of Johm slightest effect in dislodging the United States go- | ue. hems so guvetie-en | Hiding cinimed tae by ‘Bacoott & Avdoroa, of vernment from ® tWiversal understanding which it | soa ssothe spanish South nage vey | mecet to i oe wy be aoe . tole | deposes that he resides in the city of Columbia, in the | Btate of South Carolina; 160, Os Bolding, ® mulatto, or Oo | service Upcn this affidavit a warrant was issued, pursusnt the ion of the aforesaid act of Cc 3, said John Bolding was duly arrested and t before the officer issuing the warrant, in order that the trath of the facts set forth in the affidavit might be le inves- tigated. During the progress of the investi m, the aflidavit of James G. Barnett, who did not join in the original affidavit, was read, tustifying vo his concurrence im the proceedings, aud the ratification of the acts of Mr. Anderson, A preliminary objection is made by the counsel for the | de‘endunt, on the ground that James @. Barnett, tho al- leged joint owner, cid not join in the original aifi tavit. and that therefore, for aught that appears, he may be | Willing that the eaid John should go free. fo this it may | be replied that the possession of one joint owner is the posesion of both, and that the claim of one must, in | legal contemplation be the claim of both; as vesession sequired upon the claua of one, would, in | On the night of the 25th ult., the schooners Harriet, of ke po equally to the benefit of both; and it may Stonington, Smith, master; Superior, Conley, of Newport; and sloops Fame and Agent, of Newport, and @ sloop be- longing to Saybrook, Connecticut, were anchored on the eest side of Block Island, with the wind strong from N, ‘About one o’clock the wind shifted to N.N.W., and blew a violent gale, and they then all got under way, probably for the purpose of standing out to sea. ‘The Harriet was capsized, and went ashore on the island. Soon after che struck her masts cane out, and she went to pieces, and is a total loss—her crey were raved im the boat ‘The Superior parted hor jib belyards, was driven ashore on the island, and in 15 minutes weat to pieces. The sloop Fame, and the sloop belonging to Saybrook, put out to sea; the former returned on Weduesday morn ing with lose of jib, and the other without damage. ‘The Agent ran for Greenport, and sank in making the harbor there. Marine Disasters. Norrorx, September 1, 1851. The schooner Josephine, of New York, is ashore at Currituck, with a cargo of lumber. and no one on board: ‘The brig Antelope, from New York, for Marseilles, with a cargo of staves, is ashore on Cape Henry. is broken in two, ard the deck load is lost. The schooner Susan and Mary, from New York, for Georgetown, put in here in distress—dismasted. Loss of the Brig Matamoras by Fire. Cuanceston, August 30, 1851. The brig Matamoras, from Camden, Maine, for this port, was discovered at anchor this morning, off Nolly Breakers, abandoned, and on fire She has been towed up to the city by the steamer Charleston, and her offlcers _ and crew arrived, to day, in the schooner Satterly from New York. Dreadfal Mortality at Sea. Tromastox, Maine, August 29, 1851. The brig Grecian, Captain Gilchrist, from Savannah, arrived here to-day, with the loss of her officers and all the crew by yellow fever. Captain Gilchrist was five days alone with the sick, steering the vessel, cooking, &c. The brig was also struck by lightain; Cuanceston, August 90, 1851. The sbip Columbia, from New York for Charleston, on Thursday encountered a very severe gale, during which William Kelly, the chief mate, was Knocked overboard, and was drowned. Steamer Burned. Moemrnis, August 30, 1851. The steamer E. P. Mackeil has beew burnt, and is a total loas. Experimentat Trip of a Propelle Purapereata, September 1, 1951. The new steam propeller William Penn, for the Philade)phia and Boston Mine, made a highly successful | trial trip, to day. Interesting from Texas. INDIAN DEPREDATIONS—CUSTOM HOUSE ROBBED, &C. | New Onieans, Sept. 1,1851. | We have received Brownsville, Texas, dates to the | 27th ultimo, by which we learn that some Indians have made their appearance near Roma, and murdered several ‘The custom house at Point Isabel has been robbed of goods worth $10,000. ‘The creps in Texas were doing well. ‘The water in the Rio Grande was remarkably low. Farther Particulars of the Northbridge Fire. Fire at Newtonville, Mass. Bosrow, Sept. 1, 1851 ‘The fire at Northbridge, Mass., on Saturday afternoon, destroyed the large stone cotton mill occupied by Sylva- | nus Holbrock and Co, The fire thence spread to a ma- chire shop, blackemith’s shop, @ small barn, and six | dwelling- houses, (cccupied by twenty-six families,) all of which were consumed. The fire was caused by the friction of the machinery. | ‘The loss is estimated at $55,000, of which $39,000 is in- sured in Hartford offices; $10,000 in New York; $10,000 in Providence; $5,000 in Lowell, and less sums in other | OMiices. | ‘The machine and machinery, valued at $20,000, | shop ie at # not 4 ‘The families in the dwelling houses were partly insured | im the Worcester County Mutual Alarge number of people are thrown out of employ- ment by this calamity. Abcut 5 o'clock, this morning, « fire broke out at Newtonville, Mass., | and the decisions under it upheld, everywhere throughout the North Marerzex’s Great Be t.—On Thursday, Max Maretzek will make his formal adieu to opera management in this country, where be has porse- vered, seaon after season, in endeavors to establish | the lyric drama ae ® permanent luxury of the | He bes made many expensive ergage ments with the best vocalists of the day, bu: the | it will be made for the more | a fortune, or to take the firet step in that direc tion. He has honorably acted as a mere trustee between the public and his great company of ar tists; and has transferred the receipts from his parse | | to the pockets of the vocalists, leaviog himself with no reward for his incessant labors but high repa:a- tion for mustoal ski for financial credit, under | Very onerous end depressing circumstances. Sueh \ of opera management in thie metropolis. it ie in the power of the public, however, to add a“ \ of comfort” to Marotrek, at the hour of his formal adicu from the scene of his labors. The opportunity—and » ¢\oriouws one—will be given on Thursday afternoon and evening next, when | strangere in the city, and a hundred musical neigh- borhoods, together with the whole of musical “ew York, may turn into one grand flood of enthusia: to make a demonstration for the favorite manages one that may close his present managerial career with distinction and with profit. The programme is abandantly rich. The principal musical stars of the day will be there, forming the most brilliant galaxy ever witnessed on one oocasion—the whole of the opera troupe, besides the Rousset family, and an English company, and we know not how many | other brilliant featares—eahibiting their combined talent for one dollar. This should be enoug’ to in- cite all New York, and the country round absat, to and we feel that it will; for, never, per- this community have another occasion of cojoying each » OF another opportunity of testifying th imiration of such a popular, libo- | 1a), enterprising, and celf-sacriti cal d | tor’ “Will mot the lemtee aioe cee | ane wane ‘thoutnd thanks” in ght tub Who will ae} oss We sbali kngw on 7 vp! W | Democratic State Conventio owned by J. M. Cook, and the store occupied by A. ¥. Alexander, The lose is about $7,060, only partially in- | sured. The Nova Scotia Elections, &e. Hativax, September 1, 1951. The general clectiop im this province for members of the Legisiative Assembly. took place on Thursday last, but. as yet, we bave not sufficient returns from any of the countier to enable us to state positively which party has been successful The stesmebip ‘ America.’ now due at this port, from lif any | pecuniary results have not permitted him to amass | Liverpool, was not signalled at dark this erening ‘The Democratic State Convention, Avrasy, Sep, 1, 1851 ‘The following is a list of some of the delegates to the Albany—Third district—John McKren Rensseiaer—Third District — Willard U riggs Erie—Second Distrist—Wm A. Suton. ibird District —Samuel M. Butler, Ontario—Western District—Wm © Dryer Coyuga—Fecond Distriet—Thor Horne, Je Green—Jawree Powers and Il, Kinsley Orleans Bondford B. Church Pennsylvania Politics, Lascasten, Pa, Sept. 2, 1861 Zuriel Swope, the or, has announced himeclf ae @ volunteer candidate for the Legisiature, from tits « From Yuca Ne Advices from Yusaten te ne x, Aug. 20, 1961 15th bare heen re. | Ons Auga The vessel | of | color are presumed to be free; and in order to | expre be further replied, that one joint owner cannot extia- gui-h or impair the right of the other; that where oae joint owner has got possession of the subject of te joint | vey the other cannot divest him of it. for orejias us god right to the mas the other, and the jaw leaves the possession where it fiads it; tae remedy of the party out of possession is to cull upor his eo-teaant for aw accvunt of the proeeeds and profits. . Mr. Andor- . therefore, having by the insticution of these pro- ceedings, and the re-capture of the defendant, repossessed hitmeeit of bis property. if his allegations be true, no Jol nt owner can deprive him of that possession; and if Mr. Barnett, in addition to not joining ia the original aft davit. had altogether protested against the proceed ags, Ido not see how it could haye impaired the legal riguts | of Me. Anderron. F But it seems to me that all difficulty is dissipated by the subsequent concurrence of Me. Barnett, . necessary for Mr Parn2tt to have joined ia the origiaal afidavit, nor was it necessary tor Mr. Andersoa to have | msde auy affidavit at ail, He might have beousht the riendant beture the commissioner without any warraat Whutever; and I presame the investigation isto be eon- | Gueted im precisely the same manner, whether thy al- leged fugitive is brought ap by virtue of warcant, oF | © responsibility of the claimant; and ifia this cught up inthe latter saxuner, it ed that the evidence of tae com currence of Mr was improper aad inadmissible, Having thus disi of the preiiminary object come to the main question in the case, is Joha Bidiag the property of the claimants Barnett aud Andersou, or is he o fugitive from the service which he owas them ? Before psoceeding to investigate the evideuoe ta the case L shall endeavor to lay down the principles of law which 1 conecive applicable to it. {A state of negro siavery ts an exeeption to the gonoral condition of the inhabitants of this cc ad Was originally limited to thove of the negro raze, whose Af ri blood was unadulterated by any other adaaixtare; but in process of time the blood of the free beeaue mingled with the blood o! the slave, And then, the woll established rule of law, that the state of the offspring | follows the condition of tue mother, was brought into | immediate application, so that in the case of tue eoa- | mingling of the blood of the free aad the blood of the slave, it was important to ascertain whether the free | blood came from the materns! or paternal line, as it | might have come from one as well as the other; and the | law, therefore, in favor of liberty raised the presumption thet the free blood came from the maternal side and taat { the person im whose veins it flowed was couse quently free. | 1 tinerofore, conceive it to be well established, as couveal- | ed by the counsel for the defendaut,end L do not ander- | stand it was contro that whore there is free blood the presumption is in favor of liberty, and the onus pro- | bandi reets upon the party asserting the contrary. |. It was also contended’ by the able counsel for the d>- fendant, that in order to rebat the amptioa of | Uberty, it was incumbent upon the party e«sautiag to do | 80, toprove a lineal descent froma slave mother; that, too, if a proposition, which it seems to me canao: be su3- cesefully controverted; a man cannot be & negro slave, | unless he be born of a slave mother; and where a min | presumed to bo free. that presumption cannot be except by evidence satisfactory to the mind, that he is de: cended from a race of slaves. the defendant that no length of time during wyich a | person may have submitted to, and beem kept in boa tase, | 18 Of itself evideuce that he is rightfally beld in such a | state (Hudgins vs. Wright, 1 Wenning & Mavford. 14); | and it seems to me that the autaority relied upon by tne learned counsel fully sustains the proposition; and it is ro conformable to the results of natural reason, and so | comsonant with natural jastice, that the citation of authorities bardiy ,adds strength to the position; for to hold that s man, With no evidence but the naked fet that he bas beem outraged and oppressed for @ series of years, is a Gegro Flave, ls too repugnant to the moral ntertained fora tingle moment. Ehore is no statuce of linaitations to bar the claim to Liberty. Aman holds his freedom by the same tenure that he does his life ; and it clings to him with even stronger but bis liberty he cannot alienate ; no leagth of time, no perpetuity oatrage, can ©: uish it, Itean't be crushed or trampled cut of him. Therefore, in the case | claiming | cited by the learned counsel, where the part} her treedom had been held in bondage for along secies ‘and in whose person there was no trace of the negro origin, and in whose veins n> witness hal ven- tured to say that he could see the bloodof a race of slaves, it was justly held that the maked fact of continued which Was nothing ture than continued out- Tage, was aliogether insufficient aod inadejuste proof. And it further seems to me to be @ proposition esta | blished by the case referred to, that no length of posses | sion is ul nt to establish the existence of negro blooL I cannot see how the naked fact cf long possession is &ny greater evidence that aman is a negro than it is | that be is an Englishman or a Frenchmaa, The other case (Adelle vs Beangurd Martin, 18°) cited | by defendant's counsel, slinply proves that personas of tablish ve been aclaim to them it mastappear that they held as tlaves; & ition whieh is not controverted, Having thus laid down the principles of law waion L conceive applicable to the case, I shall proceed to # con- sideration of the evidence on the part of the claim ute, before they can entitle themselves to the certificate which they seek, I consider it incumbent upon the claimants to estab- lish the three following proposicions:— 1, That Joho Boiding nee Af ‘and is therefore capable of peinga slave. 11, That he was born of @siave mother, and, there fore, is @ slave. LAL. ‘That he is the slave or property of the claimants, | na escaped from their service. The ev.dence ot John's negro origin on the part of the claumants, consists of the testimouy of eight or ten wit- | hesses, #ho have pasted yeare or perhaps a lite time, in the midst ot slaves, who profess to be tamiliar with the Peculiar characteristics of the negro, and with ail the Various admixtures of his blood, ali of whom testiry, Without hesitation, that they ree im the defendant the GheUnet traces of African blood, though ol aor baat be is not @ full negro; aod tem of thea tesify, taat | When they knew him in Columbia, wheu le took lea care of his hatr thaa he does now, thes it cued much mute atter the negro fashion than at the preseut time ; that from the time he was elevea or tweite years of age which ts as far beek as he has been to the the time of bis escape, a period of about hae been considered aad reported of cognived as such, lived and orought up wi | Dually Lived with o tmulacto girl as bi tenee by himself or others, that he wa: ca thy Atel ean taiot bas been beard of dom to and aocii the time of bis arrest. To rebat the dence, GeVeras Wilaesees are called on the part of the defendant. Dr. Pos: tleet testi fies that he believes him to be « half-blood Lndiar, bat does not underiake tv give it as his opinion that he bas no Africam blood. mer Poughkeepsie, then testifies that knowing where hs came fren, he thought be had African olood, but thet negroes, aud ; aud ao pre eflerwerds upew meeting him, the thought ocourred to | De, Smith | him, that he mut have tadian blood ia tum. #1 as bts opinion, founded upon setentiil ciples, toat he ts [nataa and white, without apy adote- ture cf the African Mr Fowler, a distinguithes paren. kigivt, inters trom his physio, nomy aad developements upon bis cranium, thet he has strong marks of the Indian, and that he bes more thafl two-twenticths of the Alvican, ifany at all Me. Oni AL, protesses to judge from paysi be « fall bloudes I cierg, a alto does Mr Bauey. ar. have them uh: o that the defendant reins. nye nm ine 5 it. jos etoes upen ciwervations of the In 0 Africas blood in nis ceived, The troubles which have eo jong distrected the | 1 as appears, have wo joular experience in tae Pestasels exe eneieing | Samtetene or racee vither Indian ot NegED. The Southern there ie # inarked distinotion ia atoon- Geuthern Malt. foremnlon of tne vea}uen reece of tee, to Wed ervebtioned Bartimone, September 1, 1251 by reience, and sted by every one's observation.— One mail from New Orleans is through, leaving the | Jateet etill due rte TUE HERALD FOR “UROPA, MAILS FO. EUROPE AND A, PY T I mr | CANADA, ? BOSTON. | The British moil steamship Cenada will leave Bostos. Liverpool three o'clock, this afte: noon for Europe, printed in French end 1 * lished at tem o'clock thie wcrefog. Blogie copie te tain Harrison, | to-morrow noon, for Ifutifax and | ‘The mail will close, in this city, at one and The New ¥ Henato’ | | marked charac ‘erst | tat with the various shades and mi wixed and blended together, the each beeome #o shaded away, » che genewal tule are dissover: but where the races « or #0 many exceptions | abie, that the cpinions of 11m of science become too shadowy and uncertain to be she foundation of judicial | action. And when two men of mixed races ate coatrast- | 4 together, it seems too much fa mau to say that one | Act man has the blood of the other, wecaas his head Is a trifle higher or larger or broader ; of becaure the bump of philoprogenitive nest is ematior an (that ofdstrastive. — ness larger 1) would purale the mon emiaent phrenso cist to tell, with precise accuracy, how much phitopro ‘the | decree of the defendant into a state of slavery; for to | i a f i fidence is returning. Good names mect with discos ‘et the urual rates, and it is seldom that more thana the: ‘and action of more than twenty | PéF cent is demanded, ‘a0, if te matter isto bo decided by persousl ‘The following table exhibits the exports from Ne~ action, 7 cannes susie Sap oonnintace, thes. She, telat York, in the month of August :-— I hold, therefore, the first ition on the Commixnce or tHe Post or New Yorx. of the claimant at the defenduat Value of Goods Deben- fore has African blood ture Ware- ceptible » house. born of — 13,788 slave? The evidence of this, pt 40,615 a8 @ slave, - past slave, for time he was eleven or twelve years old, together wich the - _— _ fact that be has African in his velas, and is, there- — 38001 oem 520 fore, of being @ slave. - 90 450° Ifit Dot been first proved that he had Afrizan 5,802 4,992 _ blood in bis veins, no matter how long he had been held | BL 23.915 _ in or upon how many records he may have 2357 «12.268 — been down slave, or by how many bills of sale he 368 1,426 may have been transferred, it would not have advanced 396 - the claimants a single step towards establishing his ser | 166 — vitude; it further that he came from Virginia. ~ - where a vast pro) of his race were slaves; aud if he had been kid or Sesiip or fi convey- 206 -~ it from that 81 newing: to be free, as 3,485 - 7,210 must have known, ifsuch has been the fact, is it. to be — 570 _ Bu) he would not at some time during the pe- 1.552 3,679 —_ of twenty years, have made his Soe Known, at 7,860 §=10.086 35,08 least in murmurs and complaints? But the fact being | 793 ‘O67 -_ established that he is of a race La ype of being slaves, L | pan 6T3 — must hold, in accordance with established rules of — 2) 319 — law, thatevidence of undisputed claim and possession oe -_ med for more than twenty years, is pevof of lawful title, or, 7,107 pad yess in other words, that he was bora of a race of slaves, and © 1,578 3,232 _— is the liaeal heir, in the materval line, of the unhappy 383 = 287 fate cf his dncestors, — — 2,800 ‘The two first propositions on the part of the claimauts — 865 5,785 - being established, the third is not the subject of coatro- 20 - _ versy ; for it is conceded on all hands, that it he is the rT 15,028 . i - slave or rty of any body, he belongs to the claim- | ery sc oped ton thal beri. that « satisfi mi lore, satisfactory proof fits been mads*’ that the mid John Bolding * does fact owe service or labor” to the claimauts in this | case, in the State of South Carolina, from whence he | escaped, I feel bound to grant to the claimants the certi- ficate provided by the act, thereby authorising them to ig and remove” him back to the State of South Caro- But let no man suppose that this judgment isn final | say (hut the certificate granted consigus him to bondage | of any kind or duration whatever, is a misrepreseatation | or mirccnstruction of the law. Whether the defendant | isa freeman or @ slave, is to be adjudicated by abler, and wiser, ang older beails than mine; and the langage of the uct is carcfully worded to preclude such idea, tor itexpresly declares that the certidcate shall be “con- clusive,”” not that the defendant is a slave, but to nse i's very language, “shall be conclusive of the right of the | eons iu whose favor granted, to remove such fugitive the State or territory from which be escapod.”” When, therefore, the claimants, by virtue of the certit- cate genpted, shall’ buve “ removed” this deiendamt to the State of South Carolina, it will have performed its it was aot | jon I} atted | Tt was further contended by the learned counsel for _ | tenseity ; for his life he may take into his owa heads, | blood in his veins, | Waldo, the clergyman from | y. pronoanees him to | ist of distiaction, concurs ia | o | messes, who give it ae their pon scientide | | functions, The mement the defendant is “removed” | to the State of South Carolina, the cortiticate booom's | anempty scroll in the hands of the claimants. impart- | ing an authority to bold the defendant in their cus | tody or fon, and if they coutiaue to hold him, they do it upon their personal respoustvility; whea the | Gcfendant “is removed’? to the State of South Carolina, ifhe should desiro to return to the State of New York, | ardis, in fact, a freeman, he may do ro, and this oer- | tificate can interpose no barrier to his progress; or. if be thinks proper, he may challenge the right of the | claimants, suminen them into x court of justice, and cali upon them to prove that he iy a slave, aud no | cout im South Caroline will impose upou him the oaus of proving that he is free; and the eases cited by the counsel for the detendatt ‘show conclusively that | Justice and humanity are not the exclusive property of | the States of the North; and if those virtues emnot | | exist where siavery prevails, it follows that they are of | | but very recent origin in the State of New York. | Mr. Culver rose and said, that this morning te received | © te-egraphic despatch from Balfalo, informing tim that | Judge Conklin had decided ia favor of Danw &5 @ iugitive slave, aud which case was decided day. deckion in favor of the claimed fas C. vaid, was owing to the insufficiency of thy evidens:, | | and he usked th Commissioner in the preaeat case to | withhold the certificate until they could try the case be- | | fore ove of the United States Judges. ashe, Mx. C., did not | | @eem the evidence proiuced on the part of the ela aants ‘i all sufficient to establish their ctalun ‘ommissioner Nelsoa said he would like to have m revised by enabler aud older person than h f; butas ihe defeadent or his couasel could not | show good reason for withuolding the papers fom the laintiiis, whoce claims had been tally establisaed, he feit imself bound to grant the certificate ss fs it Was a He said that it they coud effect an ar- | rangement with the plaiati(fs or their counsel to delay | the carrying «if of the man until the opinion of one of | be judges could be obtained, he was quite satisfied; but, | | as the case then stood hi id carry out his decision, Counvel for the plaintiff st sted that the cercitioxte was | demanded immediatey. It was accordingly grania’, | and Jobn Boicing was taken of to South Carolica, at 5 o'clock, yesterday afternoon, as the lura fide property of Kernett & Anderson, Lis abolition fri¢nds have failed to raiee the $174 “ | After the adjournment of the court, the crowd sepa- | rated peaccabiy, and there was no disposition evinced to reseue the prisoner i f ft careful ecrutiny, tout we have by to discuver the slightest impertec ion in the “getting Knox, by his “last work,” will become more famous | than ever. . Elegant French Bridal Cards and Enve- | lopes.—The subscriber would respectfully call the stteation of parties requiring something truly elegant, to Li's beauttial ab t the jb i street; Branch offic Sew Falt and Winter Dry Goods.—Uiteh, | cock & Leadbenter, $47 Broadway, curmer Leonard street, Bre prepared to serve their customers 4 new fall an je on. Se Taste and Fashion. jumsy, il!-fitel . are dear at jee None saoh havecrer left or will ever ve. permitted wo leave, Greene Hows, Mis ayster of eting is le obirts tchiess, One purcaase Permanent customer. Wealth.—very | , who is webase & beautiful Bonnet for loss than | ly to Mire, | mer stork for the fall | 60 wed, may pur If what it cost to make it, by argirin All th Broad ray. must be sold by the 15th instant, to make roo jashicus, GROOM, Billirer, ae A Rare | gore visi ger Pte og | | Trade —There can be but fow jnted with the elegant and exten, 3 Peterson & Humphrey, torit irene hrey's we city, ison 4 tranzers visiting the corner of Broadway aud White street. itches and Gold Pens,-J. ¥. Savage, to ‘our attention i} reo ne im iene | may enjoy a cleanly | eter rep, the oldest and most approved article now iu use, having bee before tte public for the ee | Public for the last thirty years, ena bbe hind of se | | @. BAUN & SON, M7 an4 887 Broadway, | Combs.—Ladies are respectfully Invited te Sellen yrumize the wubscrivers’ assortment of the above, bisa ‘aa BAUM ns, 927 Reon Be White and Walker aroshe. Wate tehelor Coloring for the hair, eyelto 7 = the a " eountry; also ai pri ome Wall street, wholesale, retail, or applied. ad Bal lor’s celebrated Wig faotery is nto. 4 Wall ste: beat relocti genitiveners i Mecewary to constitute @ Mgr. or how | day, though thero were no indications of any per- | large must be the pump cf destructiveness tuly to qualify | and eet ont an Initan It seems to me, therefore, that the testimony of mon of judgment, who have spent their lives fo a sly * ea Of +, bo. y kavw to b¢ of wrod to any fanctfal | se, from day to day, forthe present week, at least, Coa- | $5,250,504 $108,451 $140,500 102535, Exronts ron Avever, 1862. Domestic merchandise. 10.5 fre: do., dutiabl Total..rssseresesseveeseenes The monthly report of the United States Mint, at Phi-- ladelphia, is as followe:— Coisack For Avaust. Gold. 158.141 Double Eagles $3,162,820" 623 Engles. 76.2307 44,005 Half Me 223,276 + 125,068 Quarter S264. 808,359 Gold Dol oery hay 638,830 Pleces, 4,078,205" 9 18.000 Half Dollars + 9000 20,009 Quarter Dollars 5,000 64.200 Three Cent Piece 10,655 1,620,000 Pleces. 6 .ssesss ee eevessesese cons BALD B06 Copper, 796.475 Cents ....eee.e seseenes 1004 18 s+: $4,110,800 76 FRoM Isr To 8lsy 1,829.511 Piece: Gowv Britton Derosr A From California. $1,018. 8¢0 “other source “96,000 11st 800 Ellver Bullion deposited in same OI a 2000 30 A large eupyly of siaail gold coins remain on nea bo- jond demands of depositers. Orrren oy Assistant Trrasvnen U. 8, ax Pamtapes rma. July 81—Balanee......... G 1,076,471 62. ‘Aug S1—Reovipts of Ourtoms, occa Port Ottioe Money. Pension Fund Miscellaneous, ‘i038 44621 54 Payments of Treasury Drafts Poet Uifice W Interest on Loans, Pensions. &e....... 918485 824,774, 2S Avg %1—Balance, $1,255,760 30. ‘The totel amount of eotns January 1, 1851, is $91,004 816, nearly an average of $4,000,000 per month, The European news by the Atlantic presents an ad- Vonce in the cottcn market, of oue-vigith of a penny ia the pound. Sales had been lerge,aud the tone of tho market was steady st the advance, The corm markets sre ull unfavorable to an adva The prospect is that the harvest will be it had commenced favorably. ‘The Liverpool Cowricr says :—A revolution ia about to take place in the method of selling flour, which will have A serious effect upon the trade, and porsibly also upom prices. One of the many French factors (who have established themselves In London since the free trade: system waa commenced) has issued circulars, nouucing that he will geil flour aud wheat by auction. Large rooms are prepazing for the purpose, and there is no doubt that the large forced sales will tend to depress | prices still further. Indeed, the austioncer expects as much; for he states, “goods sold under euch circum. stances, and without reserve, will frequently present to buycrs excellent chances of making cheap purchases.”’ It ls understood that flour is to be the chief commodity: sold, and no doubt l-rge quantities of French and other foreign mate flour will be thrown on the market, to the” great detriment of the home producer, who will have to sell his grain at prices to ecampete with the wholesale knocking off of foreign flour. ‘The American Charge d’Afulres at Naples, 8. Joy Mor- ris, bus succer ded im removing some very important com- mercial restrictions, which have fora long time burdened. our commerce, Heretofore, American versels making direct voyages from ports in the United States to the Ports of Naples have bad # tonnage duty of four grains ber ton to pay, and thove stopping at inter: tate ports, on their way to the Newpolitan ports, have been charged! forty graips per ton. After reveral months’ negotiation, the Neapclitar government have been induced to eban- | don this excessive and onerous charge, and to reduce the tonnage rates for indirect voyages to the same seale exacted for direct voyages. To show the operaticn of the ‘Dow system, and the amount saved, it Is only mecessary to refer to the first entry undor the present errangement. ‘The bark Joshua Mauran arrived at Naples, with a part of a cargo cf tobacco, A portion of het cargo bul been landed at Leghorn, and wus charged forty grain s per ton, Negotiations were opened with the government, and per- ission obtained for the owners to deposit the duty, sub- ject to the result. The excess over and above foar | grains was refanded, and a saving was thus effected to her owners of two hundred and fifty-four dusats. The repeal of the law sates to every American vossel which arrives at the port of Naples. after having traded by the way, from two hundred and dfty to three homdred and fifty dollars, and tho eflect must be of the most favorable character, as it will extend our intercourse with the Two Sicilies, by enabling our yesrcls bound thither for the Valuable produce of the Neapolitan kingdoun to make up Profitable freights by trading om the way. ‘The Londoa Ties gaye that some periodical returns regarding the supply and prices of provicions in Great Britain, have just been Iesaed, ond possess considerable interest. It appears that the total importation of wheat into the United Kingdom, ia the shape both of g-ain and flour, in the second quarte the presont year, ending the Sth ult., was equivalemt to 1495, quarters. Of this total, 119.197 quarters were from the United States 9,009 from Canada, 460785 from Pram nd 912,078 frous all other parts, Of barley the total imported was 314,878 quarters, and of oats it was 060,853 quarters, As com, pared with the preceding three months, ending the Sth o; April, these quantitics show a dectoase of 1,787 quarter" in wheat wheat flour, and an increase of 1 _quarters in barley, and of 220 402 quarters {a oats. In the twelve months of 1860 the entice quantity of wheat and flour imported was eyuivalent to 4,890,265 quarters, and in 1840 it was 4802 warters, These figures would give a half: yearly average for the two you: ® Of 2,408,184 quarters, against 2,073,725 quarters in the first six months of 1861. The following is a table of the countries whence the importations of 1819 and 1859 took place — Quantities of Wheet end Annnat Wheat £lowr (stated as average quan- tag f. commumption. Depot. &: be SEOV ELLA | Civntricsfrom which the United Kingtom, "ofan Me 1 OF three | Lnported. i849, = 1928. a _ 4, Gouraud’s Liqaid Hate fye converts red | Ruvei@e ccc. O35.614 diners or prey hair to black or brown instantly, Go: | Sweden and Norway. 336 2470 cated Soap cores Tan, Pimples, Freck Denmark, 102 97 onroe Poudre Subtle uproots hair from low forenen Prosein 895 69 bhal of the body. linaid Rouge, Lily White,» Germany, vin: tune. — echaad found only ot ot Walker sree Hest store f 7 | LS Ga Callender, 8 South Thied street, Philadel phi Olen. ashingtom street, Boston. | ———= an 406 817 280.944 298,414 james W. Powell, Ocullst, Aurtst, d&c,, 906 411 203,406 ue devote his attention eepeciatly to Disea: 062809 201,922 ee Rar, from to 738,84 405 168,368, 498 ois 8224 | 279.680 117,924 108/450 | a NR , — eee | F MONEY MARKEE includ iyrisced Mospay, September 1<6 P. M. Fgypt...e.sesss 201 690 982.798 03,209. There has been more activity in ths stock markst, to. [4Pe of Geod Hope i es - ritich Porsesions in the East Indies. 1.867 69 4.884) manent epirit in buying. No change has taken place ia | Avetralinn Bettlemte, 15.463 Lost 3,908 | gotermiment stocks, which remain flem, and are in good | fitish NorthAmerian 141,908 | as a- | demand. Brie, Reading, o0@ farlem stocks have ad. | cisoo, = covoct beatae vanced and (ransnetions have been large. | 28,064 19,812 15,298 re Ay —— aoe @ money market fe easier, and ls likely to be more | ropes trom ati parte,. S80RATS 480005) 1,008 000: ‘Tho some pepers furnish q statement of the average 4