The New York Herald Newspaper, February 18, 1852, Page 2

of Temperanec—Its NEW YORK HERALD. | ™* "pz,cu%: This evening will be the Jubilee of the new Holy Alliance. ‘Thero will be a grand cold water | demonstration at Metropolitan Hali—s banquet of the National Temperance Society—st whioh General Sam Houston, the Hon. Neal Dow, the author of the Maine Liquor law, and other notabilities, will be present. A magnificent gold medal, weighing four ounces, of pure gold, is to be presented, on this oceation, by General Houston to Mr. Dow. On one side is the seal of the National Temperance Society, the national eagle drinking the pure watera of tem- Perance as they gush from the solid rock; on the margin the inseription, “National Temperance Society, organized Sopt. 23, 1850; incorporated | Feb. 1, 1851.” Tho reverss contains an elegant | wreath of oak and laurel, surrounding the fol- lowing inscription: “Presented to Neal Dow for eminent rorvices in the temperance cause. New York, Feb. 18, 1852.” We are infermed that tho OFFICE N. W. CORNER OF FULTON AND NASSAU STS. TR DAILY HERALD. 4 cents por copy~3t per RE EKLY HERA2LD, every Saturday, ab 6% THe eee spr coum | ihe European Ration, | Tati cunum toany part af areas Britain, and $6 part af ihe Continent. b 3 "ICL LETTERS dy moti, for Suoscripiiums, ov yrith Miverissemenia, to de post pad, ov ine postage will Le ed From the Loney Temes! a MER TSR SN £3 te PRESS) FER MS, cash in wdvance, die Voteme XVII No. 48, = New York, Wednesday, Feb. 18, 185% Summary of News. ‘The letter of Kossath, returning thanks to Con- | gress andthe government for their hospitality and ®indnees, was received by the United States Senate yesterday. From the apathy with which the read- | tickets for the banquet—price three dollars each— ing of this letter appears to havo been listened to, | are nearly all taken, and that the society have issued ¥t is surmised that the Kossuth fever has exhausted | a limited number of tickets, at fifty cents, for the te virnlence, and is fast disappearing from the | gallery, intended chicfly for the ladies, and not en- Rational capital. Mr. Magon, of Va., expressed | titling the holders to any share ia the good things his views with regard to the bill granting land | vf the banquet—a punishment almost as crucl as to lowa for railroad purposes. Mr. M. opposed 1 that which wo sre informed in anetent fable was in- the principle of dividing the land among the | flicted on Tantalus in the infernal regions, who, States for any purpose, and also of granting | fainting with hunger and thiret, was surrosaded by large tracts to foreigners, who, taking possos- | the most tempting fruits and the most refcoshing sion of the soil, in large bodies, rendered | streams of water, yet was not permitted to touch, % almost impossible to Ameri¢anize them, from | taste, or handle, food or drink of any kind. Itis a the fect of their not speaking and writing the | curious arrangement this, on the part of the com- English language, andof their not being in a posi- | mittee, to imitate Pluto and tantalize the ladies. tion to become thoroughly conversant with our | While the teetotal movement is thus going for- Jaws and institutions. He preferreda gradaating | ward in the State of New York—and above price, in order that the longer the land remained | alJ, in tne great motropolis—it has extended to constitute the rule. New York is as free from dran- kenness, in the aggregate, as any other largo cityin ‘the world. Itisacurious fact that the greatest friends of the grog shops have always been the very men who now affect such a holy seal against them. The socialist and Fourierite leaders, who last year used to stimulate the tailors and other trades to “strikes,” invariably held their mectings at the grog ehops, and the unfortunate men who were persuaded to quit their work, kept loafing and drinking in the bar rooms for several days and nights together. This Holy Allianco comprises drunkards of the worst kind—drunkards turned water drinkors and opium eaters, fanatios, rappiag philosophers, et hoc genus ome, who aro all banded together to break up the business arrangomonts of the city to the amount of twenty or thirty millions ef dollars—some to glorify God, as they call it— some to get hold of tho offices now ovcupied by their neighbors—some to got tho change at tho door, or the collestions nado by putting about tho hat--seme to obtain applause—and somo to make money, such as the journalists, of which there aro some old and some now. Tho rew do not appear to amount te much. The old is characteristic of the party it representa—the New York Tyibwne, the organ of @ coterie of atheists, iufidele, commanists, fanatics, and anti-rlavery agitators. [or the last ten years they have been engaged in various schemes for glorifying God, improving humanity, and advancing philosophy, but actually impairing the business and breaking down the commercial ra- | lations of this great city. Tho anti-slavery oxcite- ment cannot have damaged business and diminished trade to an extent less than two hundred or threo bundred millious of dollara. This coterie of the Tribune are the chief agents in the present move- ment. Hitherto they have beon busy in exciting mmarkot the less would be asked forit. By this | other States, showing that there is a central bedy, method the good and poor would all eventually be | probably at Washington, pulling the wires, and disposed of. | simultancously putting the politicians into action The debate on the milesgo question was again | in various parts of the country. We loarn that yeeumed inthe House of Ropresentatives yesterday. Mr. Benjamin lt. Miller, one of the Native Ameri- Mr. McMallen, of Va., in the course of his re- | can members of the House of Representatives, from marke, stated that he was in favor of giving Con- | the county of Philadelphia, introduced a bill last gressmen a fixed salary—say $2,000 per annum, | Wednesday, into the Legislature of Pennsylvania, with ten cents a mile for travelling expenses. | prohibiting the liquor traflic, in any shape or form, The adoption of such # system would certainly | and being far more stringent in its provisions than have a tendency to push the national business | even the law now in force in the State of Maine. ahead; but there is no probability that it would | The introduction of the measure produced # consi- moot the views of a mejority of Congressmen, who | dorable stir among members, and has caused more @eperd upon making a living out of thepublic crib | then ordinary excitement among wholesale dealors, by elongating the sessions through ureloss debates. retailers, and various interests that will be serious- Jt will be seen that the dobate waa spiced by thé ly affected by the law, should it be enacted by the arraignment ef Mr. Toombs for voting for the Gal- | Legislature. 1t has also been just introducod into phim claim, and of Thaddeus Stevons for leaving | the Senate of Indiana, though not adopted. I: has hie soat to defend the Christiana rioters. been brought into the Legislatures of Massachu- Our special correspondent at Washington, writes setts and Rhode Ieland. In Connecticut and other that the Senate, in executive session, yosterday, | Statcs the movement is making rapid pro- had under consideration the nominations to fill the | gress, and in a very skort time we may expect to places of the deposed Judges for Utah. Itis under- sce its ramifications spread over the whole Usion— stood that Brigham Young, the Territorial Gover- | East, West, North, and South. In this State mor of Utah, has been dismissed, but that no it is already advancing with the speed of a loco- appointment has yet boen made to fill his place. motive; but to-night a fall head of steam will be The sending of “Gentile” officers to rule the Mor put on, and a new impotus will be given to the mon Saists will bo apt to cause considerable stir Holy Alliance, that will make it go ahoad with im the region ofthe Salt Lake. Perhaps it will be vengeance; and unlese it gets off the track, or found expedient to delegate a few companies of bursts its boiler, it will be crowned with a speedy troops to accompany the new civil officers, and and complete victory. assist them in maintaining and dispensing the laws This Holy Allianeo is a curious one. It is ef the land. | Composed of as many ingredients as the witches’ In the State Senate, yesterday, Mr. Beokmanin- eauldron of ‘‘hellbroth,” desc-ribed in Shak- troduced his bill for the abolishment of the license | speare’s Macbeth. It consists of “black spirits system, and allowing the Board of Supervisors to and white, red spiri!s and gray,”—wily politi- regulate the liquor traffic. In tho Assembly, the | cians, red republicans, mad republicans, social- bill repealing the law of 1851, relative to the ap- | iste, Fouricrites, communists, abolitionieta—white- pointmen of the New York Chief of Poliee, was | livered and black-livered—spiritual rappers and erdered to be engrossed Considerable dobate | clsirvoyants, blaspheming stheists, and pious transpired on the bill to amend the general rail- | minieters of the Gospel—all associated and road law, but no defisite action was had. The fraternized, and exhibiting as mach harmony as se of tho Assembly Chamber, on Thursday | «‘the happy family” of the cat and the rat, tho evening, was granted to the scientific gentlemen | hawk and ths sparrow, the eagle and the swan, the who have been invitedto address the Legislature. | fox and the goose, the wolf and the lamb, and Great sensation has been produced among the | whatever other carnivorous beasts, and birds, and inhabitants of Cleveland, Ohio, in consequence of reptiles, are collected in the same vast cage with ‘the discovery of the remains of several persons in a | those gentler ercatures which, in the wild state, are eess-pool near the Homeopathic College. Some of | their ordinary and devoted prey. It is a most the remains having been recognized, the fire b: marvollous sight, and actually anticipates the mil- were rung, the people assembled in great nambers, | lennium foretold in Holy Writ, when “the wolf the college was besieged, and a cormuittee wasap- | shall dwell with the lamb, and the leopard shall pointed to examine the interior. In the course of | lie down with the kid, and the calf and the young qheir investigations, the committee dissovered seve: | lion and the fatling together, and a little child ral bodies and parts of bodies. At last arcounts, | shallleadthem. And the cow andthe bear shall the mob had entire possession of the building, | feed togcther—their young ones shall lie dowa which they had twice unsuccessfally attempted to | together; and the lion shall oat straw like the burn down. The military had been called out, and | ox. And the eucking child shall play on the hole the entire city was ins most extraordinary state | of the asp, and the weaned child shall put his hand of excitement. on the eockatrices dew.” Thus, inthe Holy Al- We have received the melancholy announcement | liance, there fre no antipathies, and no evil pas- that the Lexington (Ky ) Lunatic Asylam was | sion touches a discordant string. All is harmony burned on Monday, and that ene of the unfortunate and love; and the only drawback upon such com- patients perished ia the flames. Several of thein | plete happiness is the apprehension that it may not mates aro also saidto have deen gro red. Jaat for a thousand yeare—not even till the spoils The pardon granted to the Spa sailor, An | are divided. tonio Lopez, was communicated to him by Mr. | But we fear that though the Alliance is s> holy, Chacon, the Spanish Vice Consul, yeeterday after- | so hsppy, and eo harmonious within iteelf, its action Reon, about half past two. His Excellency Gov. | will not produce much happinees, or harmony, or Hunt has granted the pardon on condition that he eatisfaction outside. It will be peace at homo— should immediately loave the United States, and | war sbrond—war to the scalping knife and toma- return to his country, where we uudersiand he is hawk. It will be a war of aggression and death, the only support of aged parents and young sisters. Lopez, according to all accounts, bas elways borne an excellent character, as an honest, industrious, and sober man, and we think that overaor Hunt, im pardoning him, has reciprocated the generoriiy of her Majesty the (jucen of Spain towards Mr. Thrasher and the American prisoness engaged in the late unfortunate Ouban exp: n. We give tbe correspondence on ihe subject, ia another eclamn. Many items of interest from Moxico and elgo. where, will bo found under the telographis head. The stoamsbip Canada has now been out seven- teen days, from Liverpool Numerous reports of leo! moction with a vast amoun} of interesting foreign and domertic readings, are unavoidably deferred till to-morrow. Our advertising friends appear dis- posed to take entire possession of our columns. Alliance being a black fisg, with a death's head and cross bones painted on either side. 1t will be & waragsinst a great variety of clasece and into- reste; and if it is succesefal, it will overturn from its foundations the present framework of trade and commerce and eocial and domestic life. It is not the rumsellers and rowdies, end the poli- ticians who managed the primary clectiona by the copicus use of grog, that will be alone affected by this movement. It is not the five thousand five ricans—and their waiters and families—probably ng some hundred thousand perrens in all-- that will be demolished at ‘‘one fell s¥oop.” I: is not merely tho oflize- holders, place-huntere, andrum politician: of tectota ures, COU &s, in con- It is going to produce a tremendous repl cetate, and other property. The grain fermerly used in breweries and distilleries will lie rotting, Huseve Exar. Twe of the evening papers, which circalatea few bundred copies da‘ly among 2 few old people—the of our agriculturiste, or they will be com peiled to cell it at groatly depreciated prices, or expert to foreign markets already giutted When the farmor gets bad pricos forhis prodaco, is is neodless to say that be can afford to make but very few purchases at the dry goods stores. The ronts of stores will bo affected to-a great extent, ard many of them will be left vacant. The bre jee and distilleries having beon closed, thore will be a large class of labor thrown suddenly idle upon the community. The commerce of the sity will reveive ‘a heavy blow anda sore dis- couragement.” et ous class of wine and brandy import end wholesale liquor ostabdlish- ments will be b ea up. The commercial and financiel business of the city will be deranged, anda lose, probably of twenty or thirty millions of dollars dished an affidavit by a Jo Venality to the prop: Henratp, and asserting that h owas reason that the stories published about the Aztec dwarfs wore discr in our columns imputations and assertione, swora to by Mo utterly faise in every recpoct. Av a first « showing the truth, we give the ¢ wing card of Mr. Edward W. Hudeon, one « na alluded to in the aflidavit of M cA ‘The amaarit puditehed in oayeral p last evening, rigued by a Joseph Mor course pursued by the Hens tain hembug th to-morrow, by a counter ei mine with the «ffide f hor 2 yoar, will be sustained. The revenue will be cut Prevent each time pereon, ealiiug him down to a vast extent: and as wo will no longer eonversed with me he take wine or brandy from } longor take our cotton, and we it all to iongland. The eo cotton merohaut will also be ai Finaily, the rights of U is moditated | Kew Yors, Fed. 18 1852 To-morrow we ehall give four or five efidavi all proving that the sworn statement of th Mortis is utterly falzo. We shall, furthermore, immedi: commence legal proceedings against hall have to ond a the Wor # the said Morrir, and all those nowspapere that ' i yu tor have publiched ¢ rgos againet us, in “> t whieh there ord of truth. The '* ia Congross ny exhibitor of Hed several time, | ¢Balaiions and bas» atour cflice ces, and soliciting ¢ f est in the editor or reporte e | thi lievirg that it we he Now, what benefit, wean thie ew @ reve exhibition of Joyoo I! sid, | lution intended to accomplish! To prev intem we refused, in every way theodme pernnce ina fow individuals @ party, in any shape puby the moderate ¢ t of oh Nic about a couple of d rdollars The pr nthatdr the pair near Chagros vis ce deceived wmuni t, perhap t by an exbibition of ihe same kind, in the sage of ie much se made about intoxtcation, because, Joyce Heth, it bas been very dificult to catch ue . unlortunately we alwaye hear of the drunkards who egaic, ard probably will be fo as lo we! ferw the gxeeption, but never of the sober aren who | without hope or compromise—the standard of tho | hundred venders of ret-gut—Irish, Gormanz, Amo. | that will be decapitated by the guillotine | cect upon agriculture, and trade, and commerce, | for want of a home market, in the farm yards | ranea, ehe will no | discontent, and all serts of riots, among the work- ingmen, ruinous to the trade of the city, and most injurious to the operatives themselves, depriving | them of omployment, and driving many of them to the very rum shops by agitation. Theso agitators proceed upon tho asgumption that nire tenths ofthe people are common drunk- ards, and that all others, who thick differently from themselves, are no better than rum-suckers, who lie down ‘n the streets, or are “picked out of the curb stones.” Thisisa@ slander upon the moral condition of the community. But, in the excite- ment of the moment, this tectotal movement is likely to succeed, ard break up society and parties, and trade and commerce, and to finish what the anti-slavery agitators did not complete. Yet, strange to say, we find many of our merchants, insurance companies, railroad companies, aad property holders, supperting there “organs of de- structiveness,” by the penoaegs of their advertiso- ments and subscriptions—papers which receive | euetenance, also, from Semen and moral and | saintly individuals, though it is “‘the medium” of licentioueness in various parts of the country, and of establishments for prostitution between the sexes, under the pretence of clairvoyance, animal megnet- ism, and spiritual manifestations. Where is all this toend? Will it make Sam Honston President ? General fam Houston in New York=Le- vee To-day at the City Hall. General Sam Houston arrived yesterday afternoon, at the Irving House, from Philadelphia, where he took up his quarters. Shortly after his arrival, he was waited upon by the Committee of the Common Council, ap- pointed on the previous evening to tender him the use of the Governcr’sroom, in the City Hall, for the purpose | of receiving bis friends, The General expreseed bis ob- | ligations for this act of courtesy, and accepted the offer, | appointing twelve o’clock this day for the holding of the | levee. The General was also waited upon by the Com- mittee of the “ Holy Alliance,” and what passed between them is strictly private. We have heard that the pro- | priety of the General coming out strong this evening at | the banquet, for the Maine law, was on the fapis, The Tammany Hall politicians are all agog on this subject, | and are very anxious to knew whether he will show his | bakd. If he comes out for the Maine Liquor law, they | swear that they are cone with him, for they go for the | liquor and not the law. They say, if he shrinks th. | pa they will regard that as halfasbad. Tne General | rather ina fx To-night the question will be solwad anc the General will have to depend for support either on his party or upon cold wate ) | \ Superior Court—Gen: Refore Hon, Judges Edwards, Miteb: THE CASE OF J4MES | MURDER OF BMITH. i Fyn, Jas. Sullivan, plaintiff in error, ads, the | People —The plaintiff tn error ia this case, it will be re. ecliccted, was convicted of the murder of amen pamed | mith, who icdged in the same houre with him, and who | interfered with Sullivan when be was having a drunken querrel with his wife; he commenced breaking his own furniture apd crcekery. Sulliven, in his exeeperation, | wer violently breaking his furniture, when the deceased interfered; @ scvfiic ensued, and Sullivan stabbed Smith | with s krife, in the groin, which caused his death. The | cate now comes before thie Court on 4 bill of exceptions, and the fcllowing points for the plaintiff were submitted | d argued by Messrs. John McKeon and &. I. Morris, counsel for the prisener. Hi Point lat—There is error in the following portion of | the charge ef the Court (Judge Hidmonds) to the jury :— “The Court further charged, that if at the time of the killing, Sullivan strock the blow, with intent to kill, it Was murder, upless justified or excused under the evi- dence in the cuse, of which the jury were the judges; wnd that the mere fact of his being ina passios not. in itecif sufticient to excuse or justify the act; and that it the jury believed that the killing was produced by the prieener, with an intention to kill, though thet inten- lion wat formed at the instant ef etciking the fatal blow, it was murder; that the jury might infer such in- tention from the circumstances of the case; and among other things from the nature of the weapon used and the wourde given by it,” — Wherras the statute declares murder to be “The kill- fxg cf homan being. without the authority of the law.” “When perpetrated from s premeditated design to elect the death of the perron killed or of any human being?” 42d the ccmmen Jaw Cefinition of murder is:— “Where cne with a sedate, deliberate miad and formed design. doth kill another.”” « Uhe case vut by the Court ss acene of murder, viz:— * The killing, wich an intention to kill, though that in- | | tention vee formed at the instant of striking the blow,” is not murder, but the “manslaughter of the comaca law, committed voluntarily upon a sudden beat.” Peint 2d.—The Court errr in refusing te charge as re- ected by the couveel for the prisoner, viz :— “If the jury believe that Smith returned up stairs to renew the fight, and Enliivan believed he intendrg to do | him great bedily injury, he hed a right to defen? bim- | teif, even Unto desta, end it is not murder,” | Point 5d.--The Oovrt erred in refasing to charge as the | counsel for the prisoner requested, vit :— | | “Ii the jury believe that saith, having had the fight with Sullivan, and by his condnot jows aroused and excited the passions of the prironer, and then returned, iheseby keeping up the excited passions of the prisoner, pd urder such excliement the prisoner stabbed tue de- , it ie mot murder."? Term. and Roosevelt ULLIVAN CONVICTED oF Tus | Polut 4th Lf the jury believe that the prisoner, in th | Meat of parsion, catised the death of the deseared, it is not murder. peo ro Presiding judge and to mero; 0 6 will also be observed that the exercise of rescmmended by Mr Attorney General Crittenden, Mr. arapel Webster, and the District Attorney York = ‘The Pardon of Lopes. LETSERS OF GUV HUNT, ATTORNEY GENERAL CRIT TENUEN, AND SRORETARY WEBSTER. Annexed are the documents relative to the convict We learn that Lopes was recommended the jury. It elemency was of New Gov. Hunt to the Spanish Minister at Washington. Brate ev New Youx, Execurive Susxaas,} february 14, 1364. explained some of the Pin—In our recent intervie covsicerstiors Which caused me to hesitate ia granting your application for the pardon of Antonio Lopes, who ig mow under te: 9 of death for the murder The pendency of several similar applications my sense of pubiic duty re- source of serious eubar- Tam pow prepared, uy+m mature consideration, to dis- pore of the question adduced ep the Crial were not suffleleat to justify his con- vicilow and it is strongly urged by those who coufiie im bis protestations, that he is iapocent of the offence I om Ynabdle co concur ia this coneiasion, @he evidence Jeaver no doubt upon my mind that he was gulity of the | hilllrg of Foster, por do I find in the cireamstances of the cere any sufficient justifieation of the offence, The mort that can be claimed for Loves in extemuation of his guiityis that he acted under the influemes of excited pas- sions, and (here was an wbyence of that deliberate malica premeditation which frequently attend the orime of muicer Waiving ali further disoustion of the character otthe offence and the justice of the conviction I proceed to contemplate the ores in another aspect, You appeal to me in the name of your country, aud as its oficial representative to grant @ pardoa to this ua. happy Spaniard, in consideration of the clemency exer- cired by your government id favor of the American pri- acners WAO #0 Teoentiy invaded the territory of Spain, in violation of the laws or both countries, The noble genererity of your Queen, displayed in the release of of chore micguided men, ex my profound gretitule It isan example of enlightenrd magnanimity volenos, Which has touobed the Ame rican heart. uid do injustice to my countrymen if Tresieted the sentiments which the exalted conduct of your sovereign has so universally inspired. Nor I Torget how deeply we are indebted to your prompt and humane interporition for the liberal poliey which has signatized the recent action of the Spanish goverament in behalf of some of our citizens. My knowledge of your endeavors to strengthen the ties of friendship which have uni‘ormiy cubsisted between the two governments, and wy greatfal apprecistion of the forbearance by which the Ine difficulties have been so happily terminated, maxe it impossible for me to resist your earnest appeal. Itis not fer us to disregard thore principles of justice and wutuel comity which ought always to govera the intercourre of friendly aud civilized nations. Yielding to these considerations, [ have decided, after full reflection,to releare Antonio Lopez from the ren: tence of death, and to restore him to his native country. It affords me sixcere satisfaction to piace in your hands a full pardon of his offence, subject to the single oondi- tion that he shalt immediately leave the United States, and never return. Iremain, with the hishest respect your obedient ser- ‘ant, WASHINGTON HUNT. To his Excellency, Don A. Calderon de la Barca, &o. The Aitorney General of the U. S to Gov. Hunt. Governor of the State of New York. Orrics ov tHe Arrorney Grxenat, U. Bratrs, 8in—I have careful'y porused all the foregoing evidence vi 16108, Jan. 14, 1852, To Hus Excentexcy Wasnincrox Hunt, given upon the trial for the murder of A Lepez, a youn Spaniard, and it appears to me to warrant the verdict o: guiliy wb ch was rendered by the jury. i Bat it appears that the homicide waa committed in ths night, on the street, and ia the presence of anether vio- lent aud intoxicated person, who bad been arrested with Lopez for disorderly conduct, and was then in eustody Of the came police officer (the individual killed.) Taese circumstances mzoke it quite possible that the witnesses, in the confurion and darkness of the scene, may have been mistaken as to the person who gave the mortal wound. To this must be added that great confidense is entertained by Mr. Ualderon himeelf, and, as I am well informed by many other respectable and intelligent sone, that Lopez is not guilty, and that inquiries and in. vestigations are mow in progress, which they sincerely believe will result, in a short time, in establishing his innocence, and in showing that another individual is the real perpetrator of the crime. All there circumstances taken together, seem to me te form a sufficient ground for at least respiting and delay- ing the execution of the sentence 60 long as to afford a a reascneble time for the completion of the inquiries and investigations above stated. But there is another ground on whioh, if I could pre- | sume to advise and petition the Governor ef New York, I would recommend most earnestly the prompt pardon of . It is this—Mr. Calderon, the minister and repre ‘ative of 8; , solicits that pardon. He was hu- manely instrumental in promoting that recent and most noble act of mercy by hia government. in granting life, liberty and pardon to more than one hundred of our countrymen who hed flagrantly violated the laws of Bpain This minister of meroy should not now petition in vain for the pardon of one of his countrymen. I would not see our country £0 far outdone, and placed in such contrast with the generous conduct of Spain. Asan American, I do hope that Governor Hunt will find Poceppatible with his duty to grant the petition of the Spa mixister, by pardoning Lopez; and I eannot but feel confident that the act will be in accordance with ye, Bir, very ectfully, your obe- dient servant, oe CRITTENDEN. The U. 8. Secretory ef State to Gov. Hunt, Derantwent of Bratr, Wasniscrox, Jan. 14, 1851, To His Excertescy Watnincton Hust, Governor of the state of New York:— &:x—T cordially concur in what is written above and signed by the Attorney General, and wish most fervently that young Lopez may be pardoned. I think the eapeot of the care presented by Mr Crit- tenden, viz.:—the heal good--will be better promoted by pardoning then by executing him. I have the bonor to be, sir, very retpectfully, your ob> dient servant, DANIEL WEBSTER, The District Attorney of New York to Desraier Arron: New York, Ji 5 rely considered the various petitions and letters which have been presented to you, in behalf of Antonio Lopez, and more especially there emanating from the Spanish Minister, end consequent thereon, from the Presideat, Secretary of Etate, and United States Attorney General. The fravk, end, under existing circumstances, the very poet manner in which these distinguished gentlemen pave expressed their desire for executive clewency, en- title them to the highest consideratiog; and while, as a general principle, I t recognise the propristy of in- terference on the part of foreign functionaries or federal eflicers with mattere purely affecting the police regula. tions, snd exclusively within the coatrol of ths State authorities, I em free to eay that the ground upon which the present spplication is based, forms a cleat and just exception to this geners! rule. Discarding all those considerations resting upon the supposition, by the highly respectable and charitable individuals who have addressed you. of the innsosnce of the prisoner—mort certainly upon the evidence and upon information received by me sinoe the trial, an un- founded supposition~I place this case upon the noise ground upen which, ff at all, executive interposition most be placed. That ground ta the recent noble act of Mercy, on the part of the Queen of Bpain, toward the unfortoxste citizens of cur own country, who had in- ourred the penalties of the violated laws of Spain. Fully appreciating this high ect of royal clemency, so rarely exhibited by the crowned heads of Europe to- ward political offenders; recognizing in it those pure and holy ieelings of humauity aud Christian benevolezoe which, as @ part of the femele character, in this cus, adorn the sovereign, aud reciprocating the friendly feei- ing thus evinced toward cur common country, I cannot but advice @ compliance with the wishes so fairly ex- Pressed of her accomplished reprosentative, as @ favor perronsl to bimeelf, well deserved by his efliciont en- deavers in bebalf of our unfortunate countrymen. and through him asevincing, on the part of ene of the Btates of the Union, the tense of gratitude we entertain toward | bir exalted rovereign, I recommend @ pardcn for th " Vict Artonio Lopen. ” pai 2 Con. With bigh respect, yours trnty, N. BOWDITUM BLUNT. | Phe Distitot Attorney appeared for ths people, and Tis Tacettency Wasminarox Huny submitted and argued ihe folowing point i —— bs —ibere was vo error in the cha: or refusal Police Intelligence to charge . | THR DEPALCATION AND FALSE TENOR CASE 1.—A4n intentional killing of a human being by another | PENDING AGAINST IZAAC N. WINN AND WILLET N. Bere justifiable or excusable. intentional net ie of courses a wilful one, ond Tremeditaton siroply means that the act was done with No rproite length of time ts reqnired for era Very cate must depend upon ite | ‘The Inw, reason, and common sense thet an apparently instantaneous act ied with euch circumetances as to leave ing (he rerult of premeditation s the or'me of murder. where the pur- ie murder, r 2--Ey | may be acoomp | no doubt of 1 ' Il —Te con pore to kill Js £0 tign to formed and ite execution, is immaterial. | “MeKesn (Chicf Justice) esys:—1t has been objected, however, that the smendiment ¢f our penal code renders premeditation an indispensable ingredient to constitute murder In the first degree. Bat oi that the mm remains af mu terion of crimes, Ip law as well aa chout ut. a with an | le by which we can judge ted a premeditated violence, Ke life, jeuenble or on every prine ed rth in neitber of there ex- vomit my ¢ intent of The frst blow was given wi > great bodily harm n of manelenght against cure, mustered im full force, and # crowded audience | Wae the result. There were friends present on both sides, very anxious to bear and see all that oould be sacertaia. ad, the leng/h cf time between the do- | Ot ond only $9000 was 4 answer cusp a kins, HAWEING. e Justios Osborn. ®RCOND DAY. # o'clock, yesterday afternoon, the adjourned of the partifs concerned Im the matter ponding Winn & Tawkins, the defendants in the above At thr during the progress of the investigation Tha com. el the defendants, The evidence was taken, as fol- 8, by Dir, Welsh, the very able Olork of Police — TESTIMONY. Optus Pec field, sworn, rays, in continuation cf hisex- | eminatdon— | Q ~—How came you to receive a check for $9 500, when (Objected to as irrelevant, and i the present.) @ any other money loaned by you to Q—Wan tt pis complaint? n overruled ) losned Wi or Winn & Une. an $9,060 ever lend Winn & White $9,000? to Aa irreleve objection sustained.) rok of $9,000, given you by Winn & $3449 complained of in this cass? (Gijected to as irrelerant, aad A.—I never ¢ the On what dey wae that $5400 loaned? A --l con't slate the exact day; it was betwoea the b of Deee d Christmas. I think, Winn & Hawking any mensy be 6 still a member of the firm of yeu loaned the $3 400? h degree s \—Mr. Wing wae in the off thal them Lave the sbeurdity of Btewtional kuiing | th Held; I de oilwot of any «eg mnde a igee offenee than am uaintentiounl uw | @—Did you, at hold any meraor Volupiniy hilling your previews lean mn & Hawkins, © jV -=Ji way error wae com 2. ii war in favor of the | White? wer, for if Bot murder Under the fret A--{ had of Wina & White the rtatute ft eertain'y was under the rer | Q--Por what amount? error ip the charge which ean work nop | $F 600. princner. le Le ground for grant » | (To whom did you hand the $2,400! J =-The Jnogment shevie Le atinees Todir Winn ? 4 --Nor qate bew you cvteleeg His frieads assume that the proofs | intent in the cave was again put on the rtand, and | ent @crc#s exemination by Mr, Whiting, couu- | © | i} Winn & White, or Wion & Qawkios besides the $9,000, | and for which thoy were indebted to you at the time you | Brac ater in the | ehje | he cbepk of Wine & | Georg? | intended payieg me ¢' rming increase of oapital felonies in this State | oe dun, ted upon me the duty of euforcing the law wit | forthe fixmnees, for (he prorection of public order and personal seourit at che dame moment, whieh quired me to resiat. has been raeemect in my deliberations upon the fate of Lopes; bat Ob | foi Fawkine for $9,500, which eheok. you sey, included the $3400 loaned by to Winn & Hawkins! A—Wian & ite's shecks amounted to $6,500 and $8400in money that I loaned at thas time; I res-ived a oheck from Winv & Uawkins for the $3 400, and two or three days afterwards I let them have $100; a day or two after that the wh le cbecks were added together; Winn & White’s, and Winn & Hawkins’s, with this $100, made the $9,000, for which they gave me the cheok for $9600; it was dated ahead payable in two weeks; at the tine of its becoming duc it was renewed for two warks more, for the same amount--$29000; it was about Christuas that the firet check of $9000 was given, if I mistake no third renewal, I think, brought it te the 2d of February; Mr Winn & Mr. Hawkins (l think Mr. Hawkins wrote the check) gave me acheck for $9600, and stated that that was whet they owed me; they stated that they day, but oruld not util Pritey W uch money did you receive at each renewal checks! (Objected to, and answer suspended present ) Qe When the first check ef $9000 was given you did you ray anything to Mr. Winn, or Mr, Hawhins, about the money for which that check was given? If yoadid, state what you raid, and to whieh of them you said 1s, A.-- I don’t recollect anything particular on that oo- easlon. Q.—Did they, or either of them. aud which of them, say anything to you at that time? If 9, stare what, se | do not recollect anything particular, Q—Were they beth present? A.—They were. Q—Wes nothing sald asto how, or in what way, you were to be berefitted by the loan’? (Ubjected to, aad the answer suspended for the prerent Q—Who gave you the eheck to repay the $3400 loaned to Winn & White? = A —L received that morey in cash from Winn. Q.— Did you re-loun that money on the same A~Ithiok I did; Lam not positive Q —What dig you say when yon re-loaned it? A—1 do not feeollect saying anything in particular at that time; nothing more then, if everything was as Fafe as they represented, I was satieded; I said it et that time, and at diff-zeot times, Q—What war raid toyou at that time, and by whom? A.—Mr Winn ssid that they were buying gold dast,tuat Mr Hawkins bad just come into the coacern, and hat put in $20.000, in cash; was worth a house ead faruiture, clear, in Madiron street; owned a stock of coods in Catharine street, worth $6000 or $7,000; was a perfectly reeponsible party, being responsible for the amount; was willing to become responsible, in connection with him, for spy moneys that was loaned to the concern; suid that he himself was worth over $50,0(0, which he had just figuied up—the figures were still on the desk, between $600C0 nd $60,000; Mr. Hewkins sald thet he was wosth $20,000, and had it invested in that concern, whicb he never would have done had be not known toa certainty, that things were all right to his knowledge; that previous to that time, he bad been loaning moneys to the concern, and had made a preposition to become a partner with Nir, Winn, and had been accepted; that he had been out that morning to bs mado acquainted with the offairs connected with the concern, and he knew them to be allright ss bad been stated; he would tell ary of his friends tbat they might invest their money in them; that there was ro possibibility of loss, for they either had the money or the gold dust in their hands, at the sane time; that he thought he had a chance to become as rich @ man as eny in Wall street, or aseny man might wish to be; [do uct recollect particularly, at present, apy more that war sid on tbat day. -—Had you loaned the $3400 when they said this to ou! ‘4 A.—I hed not. Q—Did you say what your advanteges would be by making the loan to them’? (Answer objected to, and again suspended for the present.) ‘At this point of the proceedings, Mr. Whiting, for the defence, thought that some decision ought to be had, in reference to the reserved questions. The magis- trate alao coincided with Mr. Whiting. Any farther pro- ceedings with the witn:ss was thereupon deferred uatil this afterncon at three o'clock, when the arguments of counsel, on the law, touching the admissavilty of the reserved questions, will be heard. The proceedings stand adjourned until three o'clock this afternoon. Further Correction.—In reference to Winn & Hawkies doing business at No. 5 Joho street, Mr. Thomas Seaman, the cceupant of the premires, requests us to state that they, never occupied the said office, nor did he know of fuch a firm as Winn & Hawkins, until last Thursday Case of Daniel W. Townsend.—Some time since, W. Townsend was arrested on a warrant fesued by Jus- tice Osborn, charging him with obtaining moneys from Chester Driggr, and others, by felse pretences, in telling stock inthe New York Croton Steam Faucit Mauufac- turing Company, located at No. (3 and 65 Centre street. At the time of the arrest, s question of law was submitted to the magistrate, by the counsel on both sides; sinse which timethe Justice has decided adverse te the de- fence. The matter will now have to undergoa fall in- vestigation before the court. Intelligence from Port-au.Prince, Hayti. We areinreceipt of the Feuille du Commerce and Le Moniteur Haitien, to the 18th ult. ‘The festival of independence, on the Ist January, and that of Jean Jacques Descalines, on the 2d of the same month, were celebrated with the greatest solemnity. The Emperor, all the authorities, and an immense crowd were prerent. The army appeared, also, in full uniform, and was remarkably well drilled in the review. The government of Soulouque is now occupied with a preject of a eociety for a mutual fire insurance. If it is spproved,by the Empercr, it will be immediately formed, All was quiet in Hayti, and nothing had happened with &t. Demingo that could induce the two nations to make war. Marine Affairs, Tur Steamamr Baorner Jonatnan, which has been iid up some time to undergo repairs and various altera- tions, is advertised to sail for Chagres on the 20th inst, Among other alterations, she has been built up solid, and bad her guards raised, and her capacity for carrying Ppaseengers greatly increased; her main saloon has slso been enlarged. We understand she has accommodations now for 720 passengers, She will be commanded by Captain W. H. Brown, late of the steamship Philadelphia, Anniva. Or FoutTHEAN Steamens.—The Alabama, Capt, Ludiow, from Savannah, and the Marion, Captain Berry, from Charleston, arrived yesterday. As usual, we were promptly supplied with the favors of our Southern con- temporaries. for which we ere indebted to the politeness cf Purrers Campbell and Mather, and Hoey & Co.'s Ex- press. The Charleston Courier will accept our thanks for ie copies cf New Orleans and other Southern papers, TE The Fourt mittee who had i a Police.—The Com- charge the Grand Scirse given b; Protcetor Anderson, for she Benefit of the Widow an Orphsns of the 1 Michsol Foster, policeman of the Fourth ward, who was murdered while in tho discharge of his duty, on the morning ofthe 2d of August, 1801, make the folloving report: ~ oes $1,985 50 ‘ 113 50 Reoeived for Tickets... ... Eulbveribed by the Fouzth Ward Bo Total samount..... Rent for Hall. Prizting, posting, aud other expenses, Balance on hana ‘atter paying expouses... .$) ‘Tho balsnce of money on band was diaposed of in the tol- lowing w c— On Bord and Mort; Vaid to the Widow.. Total... ‘The Commit leave to return thei for the kind monnet half of the above oa 827 oH We would call public attention to the sale of Lots on Ssventh, Bighth and Ninth avonacs, S¢von- roperty oan be suom at sho atroot. Ko. office of the auct: Volcano d@ tholr Forces, 1s the Sub- Sect of Dr, A ete Lecture, Ia Clinton Hall this evening mmenoin e'elock, ‘Tickets only 12) & had at the door. Sa Through Tickets for San_Franctsco, hence 26th Maroh, by * ship Line,” ‘The book Kets Is, by the eplendid Btesmehip: 08" to Chagres, and“ Winfield Scott” from Parama 7 only 0 DAVIS, BROOKS. & © 3 Savor js JONES & JOMNSOM, {0 Wall 5h Excelstor.—Bee! ad nih ‘s wi on Jaturday, she ldth day of Febroary, B.& Go. rect anturcd thas this Lay will oommond itself to tho hs}-wosring oo: munity, aud will ro tho came iberal patronage which heretofore received. N. B. ot 7 3 they have mull i *s Spring Style of Hats were tntro- dugg d on Satura: @ 14th inst. Gentlemen # haf. and quality, are inyit dwny, opposite 8%. Iaci's Rpring Fashion Gentlemen Uats— Amidon, Broadwny, it now proprred to furnish gant eprii if Yor besuty ci style, ial, lightnes Apicon’s epring Usts, for 1 Gentlewen sro respectfully invited to call and examine tasse boautivul faby ¥. MH. AMIDON, U1) Broad Clothing at wholeanle— We ber all tho attention ef Westorn and ifi\ing our sity for spring purchase and Gummer Clothing, which atied #4 cor manufacture 4f shi ry Dew end desirable style, man Saere aud oleysices for which owe osin' =o jussly velobrated, aud our pri Sprin leave Spring Cloth BOW business Conte, at $5, 2,000 pair fancy One bilk and Catmimore Forts, $1 enon; sf conte, $6 cwob, Corner of Natvau sud Bi Lb Commercial Bank, this bonk aro redecmod KVeN®, wads Cl 4, in Whie nob detect a nmoiy ty 160 Fulton strect,—Mtr B.A. . ef Boots, Shoes ard Geitore who are in want of ail y i i home and ajo change for remittance leaves Horton for Liverp Li deiwa ue | Bremer y Consolation from find the on! ny 3 i » 2s me hs ay snd Consumptio: ie, $9 « do Bye.—Drs. Wheeler & & to dovere their attention to dicess he © 4 (ef the finest Patision que!ity) inserted wi or inconvenience. cove, 2nd are tu every respe’ quel in appearance to the narursl Organ, Shorbeighvedn Peg Olle 28 Barolsy erect. Hours trom é A.M. to Tiemoval—Removal—Remeoval—Dr, Lu- tenes's Bar Infirmary for th exclusiva treatment Dinves 6. li bo permanently loo Brovdway. Offe f Princo stcoot, ¢ from 914113. Dont yormasently eared in ad's Ligeia Geir Oye ts withous reservation tbe © Cever invented; oqually Gosrand’s Medivated Sony, Cor caring pimples, oh TOUEAROOD, Biss Poudre art o A} wt poivend ar or abreet ard. Philade. Cours’ i rated ia Lily White, ax Broadway, and Mele Dye iat sorated Lig wit. Hair Dyo {a tho best yos zt eoloxing she hair ox whinkors, tho momons [b iy s The wonderful osoe nd derbainty with which th 9 and old eshablished Tair Dye parforma le sotecis oF els, ot applied, a9 BATOURLOR'S Wig Fact Wall street Copa whe addzese. atting [—Cleam won of the best Artista drovtlng catakliah- heard of! Now New Principle in £ Sal Broahos by the thov in Amorica! {be micas wag aeut in the World. oasure tytogsse—DOw beyloo—a Dow Privat msarpaesod in bie There ere cloan fale Srasi the thovsand!. ihe of a regal roaiden Syo Beth ie sloment the ting and Drooning 130 stin Now York” In fac Broadway, corner of * torte. luxuries, wovaliic gather doout Sai acios, than ever wero y sonaorlal establish cong all who oe tte Hisiz «, be color the hale or od) withbut injery to the listoly withows dgturbe isis applicd, or o6ld, at Ory. a the moment ib is » hale or # oan be waubou Jr ing tho color, tad has no bad 0 jalon's Wig and To ane Ieee rir Rew cfcos imitation 2 vary ouperior article, rated Wig Pactory, No. ho Incgent and Beet bee A 4 Wall stroes, whore can be Copy # sortment in the city. Wigs: Wigs! Wigs !--Clitzens and stran= re informed thas the large: ab and best sagort- hair, sad RST & MONEY MARKET. Tcrspay, February 17—6 P.M. Holders of Reading are putting their stock upon the market in lsrge lots, and real*z! as fast as they can, notwithstanding the depreciation in prices. The sales to-day eum vp more than three thousand shares, and quotations rettled down gradually from the opening to the clore. The back bone of the market has been broken. and we may look fora steady depreciation to starting points. Exie Railroad was comporatively quiet to-day, and there appears to bo a screw locae somewhere. There is only one operator of any imporiance in the market, and we hardly know what to think of his movements. If ho calculates to carry or control all the floating steok, he must be much stronger and bave more resources, than we have suppored. Itis proposed to calla meeting of the stockholders of this ocmpsny, to appoint a special committee to examine the bovks und invostigate the af- fairs of the concern. It is also proposed to make appli- cation to the Legislature for the appointment of # special committee to look into the financiel affairs of this immense corporation, and report the resuit of their investigations to the Legislature. If either of these movements should be made, there would be rome rich developements Some years ago, severa) railroad companies in New England passed through such an ordeal, and disclosures were made that slightly astonished the stockholders. There are several mines of material, in this community, eimilar to that exposed in Massachusetts, that would eatiefy both the bond- holders and stockholders of our raiwoad corporations that they were standing upon a quagmire that was liable to sink apy moment. Thers is nothing like confidence in theee things. Without it in the financial world, it would be impoesible to get along. There are at thie mo. ment bonds, stocks, and ail sorte of promises to pay, called securities, floating about the market, which are in reality not worth a fractional part of what they repre" sent, and yet, careful, cautious prople hold them, and sleep cound nights. When ignorance is bliss, it is folly to be wiee, is # good maxim for Wall etreet. We shall urge this investigaticn into the financial operations of the Erie Railroad Company. It is necessary that a committee from the stockholders, or from the members of the Legislature, should endoree or repudiate the last report put forth by this company, to place the public mind upon a proper basis, There sre now all kinds of stories current relative to the traffic operations, gross income, net. revenue, sggregate cost, ke. &o., of thie road, avd no one knows what to believe or what to disbelieve. Nothing short of a searching cxamination into the affaira of the company, from its reorganization to the close of the last fiscal year, by a committee appointed by the stook- holders, will be satisfactory. The managemeat will not object to this. Many ofthe direotors, we know, will urge it, ardsid it allin their power. It is due to those whe have been connected with the company from its com- menoement, that a thorough investization should be made, and a full and comprehensive report made. AU doubts and apprehensions would then be confirmed or put to rest; and holders ard speculators would then have some knowledge cf the value of the eccurities they were dealing in. In our previous allusions to the Reading Railroad, we showed that the coal business of the road this year had exceeded that of the preceding year 00,000 toms. Tho average received for freight wss 122 cents per ton; tha’ of the year before, 153 cents, The depreciation in the rates of freight wasso great that, notwithstanding the vast excess of tounags, the total receipts of the road. figured over $65,000 loss than the previous year. The average reduction in the rate is twenty per eent, and it is of course preposterous to assert that the com- pany could afford to reduce the rates to that ex- tent. The reduction was mot contemplated: it was not the result of sound judgment or of ealcula- lation, nor did it preceed from @ greater economy in the expenditure; it was the force of circumstances the necessity of the case, ovor which the directors had. no control, but which they would have avoided if they could. The situation of ths mining districts did not ad- mit of a greater amount of freignt being obarged. Nor are the prospects of the mining districts any better for the spproaching season. The freights cannot be raised, but mey be further lowered This is the cause of the reduction, and the origin of the forocd business of the last season. ‘The bard winter bas ciren soma respite to the coat ecompenies. The cowl transpostation over the road. to the 12th instant, is 195 454 tons; same time Jast year: 284,592 tons—showing a deticiency of 89,069 tons in the first six weeks of the seaton. If, with o transportation Of over 1,650,000 tons, the road at the present rates of cartin could not reach the income of the previous year, that year having # transport of but 1,350,600 tome, what bope canexirt that, with a reduced tonnage, such as ia here foreshadowed, it can epprosch the remotest ap- pearance of a dividend? It was with GiMoalty the rows paid a moderate dividend at the rate of 152 cents per ton, Instead of a dividend, the danger ic imminent that the net income mey Le insuMcient to Mguidate the intereston ite debt This debt is no ordinary affair it isthe debt ofan empire, instead ofa road scarcely Lue miles in length, dependent tor its revonue and eupport om the traneportation of a single axticie of contumption. True, this article is one of univercal use and weceesity; but itinsy be furnished through smother avenue, and thie Toad is liable to have a rival road built at ite very nite, and constructed with all the modern improvements ant experience (in railroad building tem years is an age.) for one-third of the cost of shis road, with its thirtoorm millions of gebt, and preferred and common stook loom Sug up to the encrmons szgreqate of eighteen millions of dolare, To elevate a ctook with these disheartening prospects fifteen per cent te eliher madness or folly, or per¥hpa both, Take either side of the question, thers oan be only one conclation—euia and disaster to its pro Jectots, It fe our duty to warn the public of there mat- tere, to ret forth the truth. to ctate facts of the company's own showing; and if reo speculators induce the un rorpecting and unwery to unite with them in thelr robemen of corners and vering, the consequences must reat on thelr owa heads. Forewarned is forearmed, and Under the conrcicusness of having but performed ouc luty, we are content. : The revetpta at the cMee thin port to-day, am Si balanee, $3,257 06 thite has been but ® moderate inquiry for f f tthe Assistant Treasurer of 145} payments, £65,406 relgn ox 6 by the steamship Zuropa, which metrow, Drawere are firm at our last (aoltetions, snd the supply of billx on the warket comtipuce about the eax We 48 previously reported, te on London nt 10 01014 per ont neatea po Paris, Of. 16); @ Bf 15; Amsterdam, 41 404; y 41g ‘ Toate; Memos, 3, 9 O08;