The New York Herald Newspaper, September 23, 1852, Page 3

-_- -/~- i ‘@xamination by the only counsel sufficiently advised ‘Of tho condition of the case to be of avail te tho defendant. (Signed) Gao. 2 Ganon. Appendix. - f ae oe, Sept. 11, 1952. ‘To Lawnencey B. Tarton Eaq., Mayor &o. of Alex- andria, Ve. Sir—I have been served with a notice eo nepene ‘Defore you this day, to ose tote ating of Cp depositions of Joha'B Barri Pantaleon Galvan, hd others, witnesses for the ited States in a cer- tain cause in the Criminal Court of the District of on the chancery side thereof, wherein the United States is complainant, and I am ’ it. On the 234 of August I was notified to apppear Defore tho Mayor Sr the City of Washington, to ‘take the depositions of the same witnesses in the fame cause. Sinoe then I have been with my coun- el in daily attendance at tho Mayor's office in this city, eng: in attending to the of deposi- ‘tions in seid cause. The witnesses named in your Dotice to me were al! here, and continued up to yos- terday. Lreside hero; my counsel teat ies the papers in said cause are here; and I was amazed siterd when I we served with your notice. The layor of the iw of Washington was and is ready to go cn with the tasing of the Sevoritians, and there ia no reason why the government should seck to transfer the taking of them to the State of Vir- ginia. The Vg aoe is eminently vexatious and oppressive. It is clear that counsel in Alexandria cannot be preoured who can in this brief space be- come fully acquainted with the ease. Tho govern- ‘ment bare on & mere suspicion taken possos- sion of my wi fortune, is fully informed that [ have not money to employ counsel there, and the aoa I have here are under no ebligation to go re Tam thd more earnest and anxious in this matter Teocause, in my own judgment, and in the opinion of may counsel, a6 I understand thom, the testimony of the witness on whom the prosecution mainly relies, Jose Antonio Barragan, bas been fully and com- pletely balaaced, if not destroyed, by his cross ox- amination bore. I therefore solomnly protest against this proceed- me as upjust, vexatious, oppressive and illegal; and I, upon the grounds I have stated, deoline to pear, and beg you will return this papor us part wt the proceeding. Respectfully, & Signed) Gso. A. GARDINER. Wasnineron, Sept. 12, 1352. The Gardiner case has assumed an entirely new phase. For more than two weeks, Mr. Soule’s com- Mitteo in the Senate,- Mr. Olds’ committee in the House, and the Mayor of this city, have beon occu- pied in taki vidence in this case, and the defend- ant has been bandied about from ‘‘post to pillar” to Hsten to the imputations of the Mexican witnesses brought hore by the agent of the United States They aro-said to have swore “like our army in Flan- ders;”’ but if halfof what: is said out of doors be true, thoy have been firing blank cartridges. Their ohief witnoss bas at length exploded the mine, and shown very cleasiy, on cross examination, that he knows Nothing of the facts he was brought hore to prove; and after having sworn 1oundly and in positive terms to the forgery and fraud, he now admits that the seal onthe papers may be genuine, and has shown Dy documents drawn frem him by the oad rs of experienced counsel, that the sole object of the Mexican witnesses is to procure a convic- tion of Gardiner, under the belief that the award made to him will thea revert to the govern- ment of Moxico. Incidentally it has come out that these witnesses camo here undor the expectation of makiog .a r7nd speculation in the cution of a heavy claim against the United States for Indian depredations under the treaty of Guadalupe Hidalgo, to have all their expenses paid ia the meanwhile, to be indemnified in a Seeineee, and then to realize quite a pretty fortune by their “‘ excursion.’ Tho prosecution have not presented & singlo witness from the alleged neighborhood of the mines, 9 single person whose name is said to have been forged, por a single official whose charac- ter is said to have been personated. Having concluded the examination of their first aad Pringle witness, before the Mayor of this city, and finding that his cross examinetion did not suit their views or expectations, they have suddenly ‘paused, carried their witnesses to Alexandria, in the State of Virginia, and given the defendant notiosto attend there! This is the most outrageous, if not yidiculous part of the whole peccpenings : that they should give notice to take depositions of certain wit- nesses, Terr? them, bans the Mayor of this city, ti that of one aly ace sick of his cross-examination, and su ly transfer the waole proceedings to an adjacent State, where ‘they knew it would be difficult, if not impossible, for the defendant to induce his counsel, (ono of whom is a thorough master of the Spanish lan. Huge, ih whioh the depositions are taken, aad is ‘bus enabicd to hold a check, if necessary, upon the uterpreter,) to and after the government has deprived: him ail the means of employing new counsel, if, indeed, new counsel could enter upon and master such a case. This may bo law, but it shas no admixture of common sense or justice, smells damnably of rank oppression—of a piece perhaps with the unheard of, and, in fact, unoon- stitutional conduct of the counsel for the govern- ment in July, when the “‘ exsesseve bail” of $100,000 was dei for the release of Gardiner from -prison. The whols proceedings in this affair are unique and mysterious, and ite true history will, when hid open, as it will be, excite astonishment, and display somo of the intricacy of political areas ee 3 ‘Theatrical and Musical. Bowsry Turaree.—The amusements for this consist of the Messrs Eddy. Stevens, Miss Heron, and other artistes of dramatic celebrity, ill appear. The “ Corsican haa been jueed in a-style of grandeur that it attractive. Broapwar Tueatne.—Mr Forrest, who is attracting immense audiences, appears to night as Rolla,in the on Rey worn “ Pizarro,” Mr Conway as Pizarro, and Ponisi as Core, and Mrs Abbot as Elvira. This ‘east will be sure to please the visiters of the metropolitan theatre. The ent close with “ Naval En- fiimco 's Garorn.—The dramatic com} appear to- America,” Mr and Mrs of Seville,”” when Mile, Pougaud, Senorita Soto, —. members of be trom pl will appear display ‘erpsichorean abili junton's THeatne.—The same enthusiasm which is every might exhibited at this establishinent since it has opened, continues unabated—the actors and ered throughout every scene. The bill for this evening consists of the comedy of “ A Cure for laughable afterpicce called —The programme for this evening character. The entertainments moe with the drama of the “Miller of Whetstone.”” ‘The next attraction wili be the tight rope performances of Messrs. Winther and Leon Javelli; the pantomime of “M. Dechalumeaux,” and all will terminate with the “Fi, Dutchman,” Wargacx's Lyceum —The beautiful piece called “The Will,” which has been revived by Mr. Wallack, with great success, will again be presented this evening, jucing Mise Laura Keene as Albina Mi 10; jose fa- vorite artists, Messrs. Blake, Lester, Mason, Walcot, Mra. Dlake,and Mrs. Rea, The amusements conelude with ‘«Bketobes iu Todia,”’ New Yous Tuasarar.—This apacions and beautiful es- tablishment will be openca on Monday evening noxt, un- der the management of ¥. 8. Chanfrau. Among the ar- tists engaged are the following :—Mr Johnston. of Phila- delphia; ¥. M_ Kent, of San Francisco; Miss Albertine, Mrs. George Jones, F. 8. Chanfran, Mre, Thorne. Mrs. Need. and Mr. Seymour. ‘The opening piece will be “King Jeer"'—Lear, Mr, J. Stark, American Meseum—The drama styled “ Another Glaes,”’ and the farce of the “Milliner'’s Holiday.”’ are the pieces to be reprosented in the lecture room of this es tablishment to-day, both of which are well cast; and the drama of the “ Orphan’s Dream.’’ which was received again yesterday with every demonstration of approval by crowded arsomblages. will be repeated in the evening. “Ounite’s Oreka House —Christy’s Minstrels advertiro & higbly attractive selection of songs, dances, instrumen- tal rolos, and burlesques. Their performances last even: ‘ing were received with a# much iclat as ever, by a crowd d assemblage. “Avon's Minernets have provided a fine bill of enter. tainment for this evening. Their songs are rendered with harm and their instrumental pieces exe- guted with strict precision. A full house may be antici- pated to night. ‘Wurre’s Varietres.—Manager White's entertainments have given the utmost satisfaction #0 far, They are of a ht and varied character, comprising singing, dancing, reed! negro performances and amusing Giese’ "A good programme for this evening, Miss Julis Dean through Albany on Tuesday, en route for Cievelat Mre Dempster, it is announced, will rhortly give one | of his ballad entertainments in Boston Court—Circult, Hon. Judge Roosevelt. Sopt. 22.-~ Theodore D. Howell vs Chas. R. Me- Nulty —This was an action te recover $250, borrow- ed_ by tho defendant from tho plaintiff, in January, | 8h + was that the defendant went to the plaintiff to borrow that amount for Dr. MoNulty, his brother, residing in California. The plaintiff re- fused to take the responsibility of the doator, he be- ing #0 far away, but said that he bad no objection to lend it to tho defendant himself, and ho did so. The money has not since boen repaid, and this ac- tion is brought for its recovery. The defence set up is, that tho monoy was borrowed for and on the ro- sibility of Dr. MoNulty, and that Charles Rt. cNulty waa not liable. Verdict for plaintiff, $297, being the amount sought, with interest, Beck vs Carvly this was an action of replevin ngainst the Sheriff, to test the legality of a lovy raado by him on sjndement agin ‘& person name Wn dp Ah Wer sa hd witness, that Worner cat him to draw a bill of eale of his bakery os- tablishment, in Mall street, for $300. It was MEMOIR OF GENERAL scorTrt, Peom Records Cotemporancous with the Bvents. (conraryEo rnem reerzapar’s raree.{ ion, br of fifty or hemon ” No. doubt deep! t after the Maxi. the The aot of these mon made true of what Scott says of them in his letter—they did not turn their on him as “ 9” al the fate to which they were consign: roves t he must have condemned them for doserting him as a “friend.” They suffered under Scott's orders the highest penalty that the martial law could inflict. Some four or five of » and among thom Riley, their leader, from the fact thut thoy had deserted in time of peace, could not be brought under the death penalty. These were burned in each cheek with a hot iron, and scourged to the last extremity with thecat. The rest, about fifty in number, were hung in platoons, as already stated. No commutation of sentence was allowed, nor was the remarkable fact, that Riley, tho ringleader and aeducer of the rest, was’ noves- sarily permitied to go Scott free, having dossrted before the war, suffered 10 operate in favor of the dupes of this more intelligent and commanding spirit, This strange exception only distinguishes this exeoution from that sort of Spanish veageance which delights in mass magsacre. But there is another striking particular which distinguishes thi wilitery exvoution en musse from any other in hia- tory. Necessity sometimes compels the execution of bodies of men whom it is difficult to retain a: priconers, and when their escape may be fatal, or tho importance of a dreadful example, when the safoty of an army ard depend on the prevention of desertion, and when this can only be effected by tho utmost severity. In the instance where almost the whole legion of St. Patrick (consisting of eighty men) were immolated, part on the field of Churubusco. the rest on the gallows, vo such reasons exisied to justify the wholesale slaugh- ter; neithor ihe safety nor the swocess of the army required it. As if to manifest this to tho world, tho prisoners were led to execution when our troops were marched to the storm of Chapultepec, and were told that when our flag would be unfarled on this last defence of Moxice, it would be their death signal. They were placed with ropes ~ound their nocks in full view of Chapultepec, and ma ‘9 to witness the fall of the ensign to which they hau Jevoted themselves in their Saint’s namo. ‘This was intended to aggravate the sufferings of their last moments, and to make them feo) that their sac- rifice was noither the effect of fear nor of neoossity, but the indalgence of an appetite for revenge. An what a comment is this upon General Scott’s letter to the St. Patrick’s Society, celebrating St. Pat- rick’s Day in Philadelphia! ‘No man,” he tells them, ‘owes so much to the valor and blood of Irishmen as inyself; ‘thousands marched and fought under my commend in the recent war with Mexico, not one of whom was ever known to turn his back upon the enemy or a friend!’ And yet, when that flag of ours which owed so much to “the valor and blood of Irishmen,” floated in triumph upon the height of Chapultepec, the “Legion ot St. Pat- rick,” was displayed on the ies a height havging on a gallows! Was it necessary to contrast thus the jflory of the United States and the shame of ill-fated Ireland? Was it not enough that these men died for their offence ! Was it necessary to make them feel that Ireland was to be humbled, if not disgraced, in this day of glory to our countrymen? Do we not seo in this evont more of the spirit which signalized Gon. Scott’s letter to Mr. Harper, boasting of his being the founder of as society to exclude Irishmen from American citizen- ship, of his holiday letter to St. Patrick's Society? Who does not perceive the selfishness and heartlessnoss which dictated both letters? The Mexican gallows in sight of Chapultepec proclaimed Scott’s real feelings towards Irishmon—the old federal fooling which dictated the alien law, giving the older President Adams the power to send out of the country the seditions and rebollious Irish dem- ocrats (as they were called) who threntened the overthrow of the federal + Scott’s native American party and his appoal, under the signature of “Americus,” originated in the same party views that produced the alien law of 1793; and the late sal of the federal leader, which, it is pretended out- stripped that of Mr. Madison and the democrats of hie day in favor of our adopted citizens, and whi is now 60 carnest with the Society of St Pat is but the consequence of the failure of the natives asa party of influence. SCOTT'S QUARREL WITH GENERALS GAINES AND MA COMB—CONTUMACY TO THE ADAMS ADMINISTRA- TION, AND INGRATITUDE TO MR. OLAY. death of General Brown making the place of Commander-in-Chief vacant, produced a vehement controversy between Scott and Gaines for the ap pointment. Each insisted on it as a matter of right, and the feud grew to such madness, that to prevent the belligerents appealing to a trial by duel, Goneral Macomb was appointed over them. When Macomb was selected, in the hope of allaying the strife be- tween the vindictive rivals, the President found he had only transferred Scott’s wrath to himself. He denied the power of the President and Senate to ive Macomb a commission which would authorize im to take command of the army, insisting that his tonior Brevet Major Generalship excluded any one else from the chief command. tt refused to obey Macomb, and in the end, the Secre' at War, General Porter, addressed him this letter:— Bint is not the purpose ofthe President to takes in e re: a final order in rolahow to your late very Teprehensibie conduct, until a sufficient shall have clepsed for the receipt of your deliberate answer to the letter addi to you from this department on the 15th inst , and which contains an exposition of the views of the President om the several questions you have raised. The nature of that order will, as you perceive, depend, in a great measure, on the character of the answer received you, and which, the President 7 not be wi unipfluenced by the omaietion wee by his (re tions, have been presented to you. To puts stop. in the meantime, to the courre of insubordination in which have deemed fit to indulge, the President directs from the receipt of thia letter you will consider yourself a led from the comman( of the Western: ent of the army until his further pleasure shall be made known to you. Ihave the honor to be your obedient P. B. PORTER, servant, . A., Cincinnati. Brovet Major Gen. Soott, U. 8 Throvgbout the controversy with Gaines, Mr. Clay,who was premier in the cabinet, stood staunch- ly by Scott, and it was genorally understood that he favored the lenient couree to which the- latter owed the retention of his placs and obtained what Scott in reply to the above letter from Porter says “sounds ike a reprieve.” There is hardly a doubt that but for Clay's interposition Seott would have been cashiored for disobedience of orders. Two marked incidents in Scott’s conduct _subse- | quently tend to develop his character. General Jackson was elected whilst Scott was still under 8 spenalon, assoetin g 8 he contended his own rights | a he rights of his brether officers Against i rainst any body, he ought to have | posal aud proved that his diso- bedience was not mutiny. But his fi to make nou to the man whou charged mutiny, and in the very that while he held ow U to induly. he waa rea assert it he knew “would submit to not! Another trait of Gen wrovg.”” ter is evinced in his treatment of his friend Clay, who stood by chai him in his troubles. Every one knows that the fa yorable orisis in Mr. Clay's career, and which seemed likely to decide in his’ bohalf—the appeal to his country against what he called the calumuies of his political opponenta—occurred in 1810. If tho whi convention had nominated Clay instead of Marri- Son, there was no doubt he would have been elected President. Scott held the balance of power in that convention, and his friends gave the nomination to Harrison—certainly not on the score of superior fit- ness, but to rae up the military prestige. Clay folt this “the unkindeat cut of at” and shortly af- terwards, in an impulsive moment, upbraided Scott to his face for his foul play, and provoked a state toot his works, ao doubt, from the temper ho race to gubmit to resets ae eee GENERAL SCOTT'S CONDUCT TOWARDS rEsIDENT POLK AND SBORETARY MAROY. It waa natural and that go of army, » on the ing, of to take the field aD see fresh Yaurets to ‘those that had during the Florids campaign. He showed the nah neni for the sorvice, a3 the corres- Secretary Marcy proves. He hada residential game to against the man who was to trust him. Aga for the whig nomina- tion to the Presidency, from the day when he gave way to Harrison, in 1540, he looked to that interest as permanent. To restore his tarnished repute, and acquire a new recommendation to is claims for his party’s es to the Presidential honor, were stron; tives to his eager ambition in lay- ing hold of the chiof command in Mexico. It was of War (le, Maroy) solousiy pecsoed his proper of War (Mr. Marcy ously 8 ra tions. Considering that they: wore politics! oppo- nenta—that by committing the war they commit- ted the fate of the administration to his hands, and gave him, at the same time, an spportunity to outstrip all his whig rivals, in opening to him the way to victory, and supplying the means to reach it. he ought to have been grateful. But what was bis first move after he supposed that ail was committed to him; that all jir plans de- pended upon bim, and that his refusal to lend his wilitary skill and reputation to them would fru- strate everything? Ho determined to bring the aéministration to su absolute submission to his will; to take bis own time, forward on everything befere him to Mexico; to truat nothing to the ad- ini. ion, nor allow it to sharein any of the duties 08 of the war with Mexico. Although at firs rofossing greek readiness to go and asume th: ‘anctions of general in the field, he resolved, after being installed, to stay and play Napoleon, by sending the army in advance, and that the country could commaad for his servioss, before ha or gi would make his appearance on the scene of opera tions. Filled with these self imy it designs, he | wrote the letter which amazed the country so much, | and from which we oxtract the poi paragraphs. | He replied to Mr. Marcy, when urged by him and | the President to pat himself at the head of the | army which Taylor was thea leading to successive | victories, a6 follows Heap Quanters of tHe Anat, ) Washington, May 21, 1846.5 | oe ee eee | Sin * * Jn the midst of these multitudinous and indispensable cceupationa, I have learned from r that much impa- | tienoe is already felt, perhaps in high quarters, that have not already put myacif in route for the Rio Granda ; and now, with fourteen hours a day of preliminary work | rewaintng on my hands for many days, find myself | compelled to stop that neoeseary work, to ape myself | ainat, perhaps, utter condemuation in the quarters alluded to. I am too old a soldier, and havo had too much special experienoe, not too feel the infinite impor- tance of securing myvelf against danger, (ill will, or pre- ccndemnation,) in my rear, before advancing upon the public enemy.” Not an advantageous step can be taken ina forward march without the confidence that all is well behind. If insecure in that quarter, no general can put is whole heart and mind in the work to be done infront, I em, therefore. not alittle alarmed, nay, crit in my energies, by the knowledge of the impatience in question, and I beg to say I fear no other danger, My intentions have been, after making all prelimtnary arrangements here, to pass do ¢nthe Ohie and Mississippi to see, or to assure myncif by correspondence, that the volunteers on whom we sre mostly torely in the prosecu- tion of the existing war. are rapidly assembling for the service ; to learn the probable time of their readiness to advance upon México; to ascertain if their supplies of every kind are in place, or are likely to be in place fneuti- cient time ; to haaten one and the other ; to harmonize the movemeptg of volunteers, and to modify their routes, so that all, or at least a sufficient number thall arrive at the indicated points on the Mexican tron- tier at the best periods, and as far as practicable, about the same time. Ali that I have but aketched, I deem to be not only useful to success, but indispensable. As a soldier I make this assertion without the fear of contra- diction from any honest and candid soldier, Against the ad caytandwm condemnation of all other persons, who ever may be designated for the high command in’ question, there can be no reliance (in hia absence) other than the active. candid, and steady support of the government. If I cannot-have that sure basis to rest upon, it will be in finitely better for the country (not to speak of my per- sonal security) some other commander of the new army against Mexico should be selected. No matter who who he may be, he shall, at least, be judged and supported by me, im this office, and everywhere else, as I would de- tire, it personally in that command, to be myseif judged and supported. My explicit meaning is, Uist L do not desire to place myself in the most peritous of all positions —a fire upon my rear from Washington anda fre in front from the Mexicans, * * * * * It wasto command such larger ilar! I understood myself as likely to be tent to the Mexican frontier. As it is always unjust to u junior general who has done well, and is supposed to bo doing well, to supersede him by « general of higher rani without sending with the latter, corresponding reinforce- meuts, I shoula esteem myself the unbappy instrumen® of wounding the honorab!e pride of the gallant and judic!- ous Tsylor, if ordered to supersede him under different cirevmstances. However, the foregoing suggestions (be i ly thrown togcethor) may be viewed, Ihave deemed it more tothe country than my humble relf that I should resent them. and await the wishes or the orders of the President. With the greatest respect, I have the honor to remain, sir, your most obedient servant, WINFIELD SCOTT. Hon. W. L. Mancy, Secretary of War. If there was ever a more dictatorial, insolent and insulting letter than this, written to a chief magis- trate by an officer. put in command of an army by his favor, history hus not preserved it. The obvious import is, “Sir, I do not mean to trust you. You know I am a candidate for the le post which you hold, and to which you wish to be reelected, and you will be willing to sacrifice the country to eecrifice me, and as soon as I turn my back you will make war on me whilst I make war on Mexico. shall be between two fires, one infront, and one in | has been appointed ki rear. You will withhold supplies that I may fail in my functions, and that you may profit by my fall. Therefore I will stay, take it on myself to sce that the War De it forwards force and suppli suflicient to render me independent of your authority, and then I will go and play the part of master abroad, as I must at home before leaving.” There is no man of penetration who will not at a glance perceive the imperions spirit illy disguised in the presumptuous mystification of this letter. The Secretary of War answered with his habitual cool good sense— Wan Devantotent, May 25, 1846, Sin—TI have received your letter of the 21st inst., and, considering Its extraordinary character, and the grave matters set forth therein, reflecting upon the moti and objects of the President in tendering to you—as he has in an explicit manner—the command of the forces destined for the war against Mexico, 1 deemed it to be my duty to lay it before him, and to take his direction in regard to its contents. | ‘he passages in your letter which have excited his sur- prise and deep regret, are those in which you impute to the President, in terms not inexplicit, Iwill towards yourself, or precondemnation, and a course of conduct on iis part, which has already, as yon allege, impeded your labors of preparation and crippled your energica, A reference to two or three paragraphs in your letter, will show that he is vot at liberty to give a differemt con- struction to your language. You were, through me, and also nt a persoral interview with the Presidont, made ac- quaintcd determination to put you in im- f to be cmployed in carrying ‘ou had, as you state, been preliminary and Notae advantageous step in a forward march, withou: the con- fidence thet sil is well behind. If insecure in that quarter, nO general can pot his whole heart and mind into the work to be done in front. I am, therefore, not alittle alarmed, nay, crippled in my energies, by the knowledge of the impativnce in question, and I beg to say I fear no other danger ” ‘This language scarcely requires a comment. That it tetion of most unworthy motives in the Executive go | vernment—cf bed faith towards yourrelf~of a recklost dieregord of the interests of the country—of a design to carry on 4 war sgainst you when youwere sent torth to carry on a War against the public enemy, there oan be. I of things which it cost the utmost difficulty among their friends to settle withont bloodshed. or ingratitude was the arrow that stuck in Clay's side at his death ——lveret Lateri lethalis arundo. NEW YORK. No sooner had Soott got through his exhibition of if after the war in Europe ag well in the United 2, than ho broached a quarrel with tho people and councils of the city of Now York, whore he was stationed. The city had given tothe government of the United States the battery and its beautiful pro- drawn and executed, but witness could not swear id. The Shoriff subse- qoanty iy Aolod on Sopections The defence is that the of sale wad acolorable transaction. The qaae ig ptill ga. ‘tio not have been kindly received, i surprising t ¢ it i ge ‘ own | cii's protection. cots, inated with. sitimport: | Tetly wore roletheft that shoult bende teins 2 eni.oh Moe anda euppoeel ws l6crmiag don ance, resolved to appropriate it as his hond quarters, | Ct the mort offonsive imputations againet the Executive | fae near the brinke ¢, precipitating ‘him | and build a resid PProp! afl that g might | S0V¢™Bment which bad voluntarily selected you to con- | 17S th ple Whes t y precipitating ion himself: Tesidonce and offices, 80 1 4 " duct ourarmy, and determined to put at your disposal into the way ow. en found he was at nae ing | Fong: occupy the whole of that breathing place of | the aaiplest tacene it could command to ensure viotory, , up against tho bank. the body erect, tho head in- e city for his own accommodation. He thought it | and to bring the war to 9 successful and speedy termina: | clined forward, in about nine feet of water. The polite to inform the city councils of his purpote, and | tion. It was aleo a matter of unfei sur tome | decensed was a brother of David Russoll, Beq , of peters Bg pameat was received with pid ta 7 noid Rave attributed to er it be ix this city. He was 53 years of ago, and leaves a wile surpri at at ons er a y ‘our rear, while a fire in " om Jept. 20. nied, Hoott, without cans cash erwersy ie, sent as Gpened upon you by the enemy On what | and six children, —-Albeny Hapress, Sept. 20 foun could an aseum) tt ¥ . Liston, 27 lmpoetanee, after 18 was had materials | Yreeident, ins ftankand friendly spirit. ie entrusted, | 4 CONPCTICUR ,Grage Remon Sonor. The ting proparawory ballés ou with & commend on whlch the glory nnd interest of | Scho in Connecticut has been eolecied, #4 daponted pron re aly be the ae was ob- | The country depentied, foray nothing of the success of | inthe state Treasury, This settles, the question. vt the ‘by menaces of bf ev ares Lg lh! you under there | otopiishment Of the chook, The State ito conte of his soldiors over fgom Governge's Island to prq- SCOTT AND TIS WAR WITH THE City CouNCILS oF | think, no question, You must allow me to advert to tio | only fact to which you allude as the foundation for euch | grave imputations, You have learned, you say, feom ms | that much impatience ix felt, perhaps in high qnarters, | that you are not alrefdy put in route tor the Rio | Grende, &e What was said on this point at our interview, whon ct wae alluded to, ts not’ so faliy stated as 1 be, considering the purposes to which you rerted it . * . pot deem itimproper, indeed, considered it a matter tyto communicate tothe general, to whom the Provident Lad freely confided the management of the war, hiv views expectations upon this point, ‘That thie communi om. made inthe manner it was, should | j1 clreamatanoes, arrest your labcts Of preparation, ant Fufter your energies to be crippled, for the purpose conveys the strongest suspicion, not to aay a direet impu- | |), i | San Antonio. tof these multi- | } W. 1. Makcy. Mas. Gzv, Bcotr, Commanding Gemeral.’’ [v0 BB ConTiNUBD ] By the arrival of the steamship Mexico, Captain Place, (eays the Now Orleans Picayune of tho 16th inat.,) wo have received dates from Galveston to tho 10th 2 The News notices the arrival at Galveston of a fine new sloop, called tho Elizabeth, built at Sabine Paes, by Capt. Abel Coffin, and intended expressly for the trade between Sabine and Galveston. She is built entirely of rod cypress, and is said to bs wade of superior strength. The same paper says that Mr. Chas. Mo%eo, the contractor for building tho State Capitol, died at Bastrop on the 3d inst. He was married on his death bed, a fow days before his decease. He was a man of great wealth, and the parpore of his mar- riage was to secure a dower in his property to the Judy who possessed his affections. A lime brig from Maine, oalled the Nar was lost oa Galveston bar ou the 4th inst tala was making for the light ship, wh’ qd was the pilot ground outside the bar, ing 10 come to anchor and wait for a pilot. He got out of the channol, however, and struck on tho north breakers, at which time the pilots camo to his assistance; but it was too late. Whe rudder be- came unshipped, and tho vessel was unmanageable, and finally sunk, in spite of all efforia at the pump, before the lime had time to set firo to her, though it was seen smoking during a great part of the day. The Lagrange Monument says, Capt. McCashan, of that place, bas discovered a coal mine within half a mile of Lagrange, which, from (he samples that havo beoa examined and tried, it is thought will roduce coal of un excellent quality. ‘he mino is Potieved to be vory extonsive. Our Iatvst accounts still reprosent the Brazos and | Trinidad in good navigable onder. il has arrived at ‘The news is not important, The Santa Fé Gazette says that a farm has beon opened in the vioinity of Fort Webster, noar the copper mines, which, it is expected, will, in a short time, become a government farm. The vailoys of the Miombros and (ila are said to contuin some very fertile country. The El Paso and Santa {Correspondevoe of the Diario de le Marina. PS pat pane select wh: most likely to intoreet the general reader, and to avoid » cortain pallid too easily run inte by such correspondence, is, fess, no easy task. Tshall endeavor, however, keep a bright look out ahead, and, striving to void the poriis that beset my path, remomber am writing for the roaders of the Diario de la Marina, avd not for the citironaof Mexico Ishall endeavor to give you an idva of the amusements that have enlivened this capita) during the boly season, which bad lasted all the month of August, on ao- count of the jubilee, durivg all which time the great Santa Apna theatre hue been closed, to the: sorrow of the at s Mr. Cambeses, flutist of tho Emperor of Brazil, and an artist of co ordinary morit, iy at present in Mexico. He has been greatly applauded at Hava- rs, Trinidad, and other perts of the isiand. Ho gave his first concert on the evening of the 5th ult., in M. Antonjo Barili’s saloon @ Was accom p! nied by this last named gentleman on tho piano, and assisted by Mesers. Forti, Rossi, Martiner, and Delgado. The audience was not very numerous ; but, on the other hand, Mr. Cambesos was very enthusiastically receive id applauded, Segaor Barsols, a Spanish guitar player, is also at ally in this ospital, He haa, a3 you doubtless now, givon several concerts at the Huyana Lyceum. dle haa fixed his residence ia this city, at the invita tion of several members ot the Philharmonio Society. Ho gave his first concert in the theatre, avd on this ovconsion, and two others where ho performed in private bonuses, be was very well received by quite urge audiences. He pleased his auditors very much, and this is no alight praise, svsing that we havo a number of very eminent playors, soveral of whom might almost compete with M Bossols. ir. Armenta has lately formed a dramatic com- pany, to perform in the theatre of Guanajauto, | numerous, and the actors are most of thew the average, There appears to be considera thusissin in Guanejuato. for the drama At Puobla there is algo anothee company now per- forming; but the efforts of tho actors are uot ccown- edas they deserve. They havo just ooneli contract for the Vora Cruz theatre; they have en- aged it for the whole winter season. As the houss fuk been recently very much improved, tho com- pany, under tho management of Mr Cojude, entor- te en- with considerable foendation We have had, during the last month, several vory imposing church ceremonies. The best attended of those have been the matino, which took place in the cathedral on the night of the Sth, at the Tho Gila and Moscalero Apaches havo expressed a desire to make a treaty of neace. The Gazette says, St. John’s day (24th of Juno) was celebrated by a Masonic procession, general exhibition of live stock, and extensive horse racing during the day, and a fandango at te Jesus Loya, a Mexican from Chihuahua, has commenced sinking an Artesian well a few miles south of Santa I"¢—the first effort of the kind made in the territory. The apparatus was manu. factured in Santa I'e. He bored twenty foot in a single day. e precarious titles by which lands aro held aro becoming the cause of much litigation, aad Con- ‘ress is asked to send a land commissioner to adjust ese titles. The San Antonio Ledger says thero aro now about $400,000 worth of goods at El Paso, or at Magoffins- ville, the village on the American side of the Pass, while the goods now on the way there must amount in value to $80,000 or $100,000 more. Those goods were destined for the Chihuahua trade; but Gen. Trias, the Mexican commandant there, has suddenly enforced the Mexican tariff, which will probably peers a death-blow to that trado, for the present. ‘erotofore, the duty has been three cents per vara, or Mexican yard of thirty. three and one-thirdinches, for admission into the territory, and two cents more for interior transportation; making inall a duty of five cents per yard, which one would suppose quite enough; but the tariff now enforced amounts to nine cents. ere is, therefore, no alternative but that the large ameunt of goods at the Pass must either remain unsold for a long time, or be smuggledover. The editor of the Ledger is of opinion that it is the object of the Mexican government to cut off all trade und intercourse with the United States. The Apache Indiana are also committing depre- 1 tho neighbourhood of El Paso. A letter iat, Within two weeks previous to its date, they had killed nine men within a distance of fifteen miles of the Pass There are no Amorican soldiers nearer than Port Fillmore, a distance of forty-five miles, while the whole frontier is exposed, and without a single soldier, as faras Leona station, a distence of 500 miles | But the writer says the roldiers could do but little good if they were there, as those now at Port Villmore have to cultivate the soil and raise their own corn, which leaves them litle or ro time for fighting. There is no doubt but Thomas J. Jennings, Esq., | has been elected Attorney-General of Texas. Sayles, however, got a large majority within the western half of the State. The /ndianola Bulletin announces the completion of the light- house at Port Cavallo, and says that on the arrival of the lanterns, which were expected goon, it would be lighted. The edifice is built of iron, resting upon a brick foundation, and is seventy- five feet above the level of the sea, and may be seen at night about twenty miles. It stands within 500 to yards of the bar, and on a direct line is about sixteen miles below Indianola, twenty-four from | Lavaca, and four or five from Decrow’s Point. J | Captain James Cummings, one of the old pilots, r of the establishment. General ith had declined the invitation fro , the citizens of Indianola toa ball and supper, on | the 2d inst., on account of the uncertainty of his ieg | Movements. The San Antonio Ledger states that Major Neigh- bors has now in a state of maturity a specios known as the rattoon cotton, a Syaet from the pane of last year; and is confident that the neighborhood of San Antonia is equal, ond in many respects supe- tior, to other portions of the State for the cultiva- tion of this plant. ‘ The Indianola Bulletin of the 9th inst., says :— We notice that cotton is beginning to come in. As usual, Captain Reid, of Victoria, is in the foremost list, several bales from his plantation ves | having been recoived last week. The shipments this season will be very considerablo, enough so, we hope, to give some standing to our place as a cotton mart. A letter from the mouth of the Trinity, dated the Sth inst, eays: It has rained here almost inces- eantly for more than a month past. Everything ia afloat Dixyrr 10 Hoy. Taomas Banme.—A dinner was givon to Hon. Thomas rh the distinguished re- presentative of the banking house of Baring, Bro- thers & Co, at the Revere House, last evening, at which a number of our principal citizens were pr sent. Mayor Seayer presided, and discharged tho duiies of ‘na very acceptable manner He gave a cordint the honored repres ptive of the m f England, try w Hogland d citizens of B heard Mr. 1 utwe think those unate h to bear his speech last e egree with us, that he never made 2 moro fel : appropriate, and truly oloquent address. Wedeeply regret that the private character of the party forbids our attempting a roport of this matchless effort. Wo are sare that al! classes of our citizens would reepond to its sentiments, and fee) honored that they were roprevented by so accomplished an orator. We learn that Mr. Baring will this day visit, in company with the Mayor, some of our schools, public institu- , and objects of interest.—Bostom Alas. ArrenrT To AssassinaTz Louis Naro.rox.— Wo are favored with the following oxtract from # letter received by the Africa, from a morcantile icon gentleman resident in Paria, to whom we foretime been indebted for important inf n:— “An attempt was made, some three days assassinate Louis Napoleon on his way from re , from @ trench ou vod his left shoulder 0 route, and the ball Seeing that he had failed , his attempt, the assaisin immediately blew out hisown braing. Tho journals bave been prohibited m speaking of the matter.”— Cammercial. DrowxED.—Solomon W. Russe! idingin Bethlehem, was drowned o: Snyder's Mills. Ho wasreturnin, rd witb how $15,000 more towasde the object, An individual fired a muskot shot at | } church ef Santa Domingo on the 12th, and at Santa Clara on the 20th. Tho adornmonts of the churches were sumptuous, and rivalled ono another in elegance, richness avd beauty. The altars, pillars and columns, were all covered with orimson velvet. The squares and noighbor- hood of all those churches, on those nights, were real Babylons; the solemn peals of the bella, the hissing of the brilliant rockets, the noiso and talk, and laughter and jesting, of the goers and comers, the crowds of sweetineat vendors, the brilliant illumination of the exterior of the buildings, the myriads of little lamps, emitting as much light as smoke and as much smoke as light, presented a most lively and charming spectacle. The interiors of the churches were crowded with persons whose coun- tevauces and deportment were marked by that solemn gravity becoming in so sacred a spot. Mexi- can custom requiros that the women going to church should wear the tayalos, or large handker- chief, which covers half their heada, and conceal not only half -their faces, but also all their figures. What a pity it is they do not wear the clagant Spanish mantilla. fi At the close of the last month the Monplaiser ballet company arrived here. ‘This company is too well known by the Havana public to require an: eulogium on my part. I hear that Max retzel bas engaged them to perform in company with the opera troupe. Theee dancers have many friends and admirers in Mexioo, and I have no doubt but that they will draw capital houses. And now that I have mentioned this opera troupe, let me, before going any turther, an- nounce to you a fact, which will doubtless surprizo you considerable. The celebrated prima donna Signora Steffancne, ison the eve of contracting a matrimonial alliance with the son of the Duke I'rancisco de Meequini, an opulent Italian gentleman, who, passing through this city ona pleas- ure excursion, could not resist the bewitching man- ner and enchanting voice of this charming and iater- esting woman. be future husband is a young man, twenty-seven years old, of med'um size, well shaped, handsome features, with fair hair and beard. A cous- in of his, Baron de Soperini. is to be god-father of this union. Dome Rumor also whispers about into the ear of the knowing ones, that Signor Salvi is paying his addresses, and with Ty appearance of success, to the eldest daughter of an influential and wealthy capitalist of Mexico. Her dower, it is calculated, will be five hundred thousand dollars. Pointed-tongued people say that the world-renowned tenor is conscious that he is fast going down hill, and that he wants nothing so much as to retire with éclat from the stage. Max Meretzek, empresario of the opera company, was desirous of passing all the jubilee months at Puebla, where various gentlemen had contributed to offer him $8,000 for ten representations. The empresario required $10,000 for eight representa- tions. As they could not agree, the Pueblanshad to do withoutthe opera. Shortly afterthis, Maretzok proposed to diminish the salary of some of the artists, to which several of them at onco acceded. Not so all, however—and among tho moet obdurate Signora Steffanone. As you may well imagine, a real theatri- cal pronunciamento, or revolution, was the conse- quence, in which the usual skirmishers, consistin, of quarrels, tears, insults, &c., played their usua! rts. The storm finally grew ao violent that Ma- retzek had already made his arrangements to dis- solve the troupe and leave the place. Fortunately, M. de Meequini took an active part in the settle- ment ef the dispute, and bringing into play all the influence and authority vested in him by virtue of his future position as husband of the talented prima, he prevailed on the later to abandon some of her rights, and thereby prevent an untimely dissolution. All the personnel of the company having, afier her, consented to the proposed reduction, the subscrip- tion list was opened, and the Mexican dilettanti, faithful to their standerd, flocked to the box-office. ‘The amount subscribed reached soventeen thousand doilars. With affairs going on thus swimmingly, thecurtain of the great theatre roze, on the evening of the Ist inst , on the first act of “Pirate,” put on the stage for the firet time This fine opora of Bellini 1s to be followed by ‘Othello’ and the “Daughter of the Regiment.” These operas have never becn performed in this city, and will un doubtedly draw excellent houses. Lhe emprosario, we | are informed, has gon at expense in getting ruificent ecen until now sadly Ss » 1 sh ngl form you what op n the stage, and ghall v0 Is the matters inc praisoworthy i aan by teoas, Chibuabva cevastated and ph formed you, by The artistes of t | their aid with the b but little donbt thot with all the encou: price of single tie But there iz no doubt the is bigh price the room will be filled to overflowing. The theatre | is talked of a4. more convenient place for these coneerts. Mf this cen be e much more prod | We have been inti +8 odin tht y that the very celebrated actress, Matilda Dias, is about procsed- ing to Havana to perform in the company of Robreno, ‘Thia information bas aroused hopes | that she would p | where she would donbtlos# reap fame and proft ‘Thronghout the republic, and erpecially in Mexico, there is a decided | | be their nature w hitherto had no a tit ; and as we s Din: like M ho is only 1 doubt not t i 8, Lc gion a 'd come, t re wou iris, week. The mo named Sbiel, lately with a family named Dobb: existence of this money, ch was lofi in the house. While nearly all hor own fai | ebsent, ou Thursday night last, Mrs Dol og Canada. » Who A | y were | merey gone. A few dollars only were found | Dobbin fumi’y aud some others wore arrested. ior i Ww ON tain vory sanguine expectations of succes, and | | welfare of the community, which haa b jonado was op pointed to draw a dividing line betweom the mew community and the obnoxious part of the countey, and he located it about half way between the towm of El Paso and tho ranche of Mr. M Esequia constituting a portion of it. No bouads- ries were paek to the weat, north, or south, but 83 many of those living in the various towns around | 83 wisbed were desired to moet together and send pe fear perder Keer ay which See a meet on the Ist of Sept, next, for the pury of putting tho provincial government on a firmer basis Plow | transacting a good deal of business during the dag and night, anmed guards were ctationed around the town to proteot the various committees that retired. about midnight to work and conaultation. During the night there wero many alarms end disturbancee, owing to the belief that the lower pee tion of the county w atick them belore dey~ | light. Acenprise the ning tho nasoulely | mot, and Don Santa atod aovorel iwos for more cefleotua nopling the t. Some wero adopte debates, olbera rejected At 1 de Juritperites, headed by Don ( de ja Cucrs, presented, through him, constitution :-— CONSTITUCION DE LA REPUBLICA We the pecple of the repubdic of Victoria, ia ordae to ourelyus agviuet the machinations of polutent and distuzbers of social harmony; to ensure tw equal rights with other imhabditanta of (his country, avd for the purpore ef promoting the goaceat 1D recantiy encri- ficed to the ambitious projects of men etyling Uhomselyen civil officers of an sdjolning Stute, and to those ot thee deinded adherents. do, in the pretence of the Omni tent, and to all mankind, proclaim and ostablish and, after warm viororra | constitution for the republic of Victoria. Seotion 1. AN legidutive power granted by this im- strument sbali belong exclusively to a grand junta, com- ges. maribers of tho Legisiaiure, and theie 0 person shall boa member of said jumba until he reaoh the age of twenty-three years, and shall have heem two ys a resident either of the Siate of Mexico or of this repablic. Said member shall also be experienced in political affairs; shall be a person willing to adopt any measures for the welfare of this republis, without regard to their consequences to society; he shall, nevertheleas, be permitted to use every exertion tor ble individual sggrandizement, at all times holding in view co to this government, The dutios of said junta shall be to devise ways vs for the support of its indigent members; for keeping copstaatly in the field an efficient st Sirs 49 for the regulation and government of elections; for # 4prointment of such officers as they may deem proper, and the regulation of their ealaries; for tho collection and appropriation of taxes,and all’ public moneys; for inaking treaties and forming alliances with foreign States; they shall have power to grant pardons; to hear and judge all cases agreeably to theie consciences; in they shall be competent. for the present, to do and per- form all things which the emergencies of the country require, being amenable to no power for whatever may be done. Bec. 4. The executive power of this republic, for the time being, shall be invested Im some judicial officer, o member of saia Grand Junta, and elected by plerality of votes of that body. He shall have full power, by him- eelf, by and with the consent of said Junta, or by bis proper deputies, to train, instruct, exerci. and goverm the militia and civil officers of this republic; and for the defence of the country to assemble in martial array, aad put in warlike attitude the inhabitants thereof; to ad and conduct them to repel and pursue by force and armas, all individuals or bodies of men hostile to the measures ef said Junta. or to this republic. Sec. 5, All commissions to officers shall be in the name and by the authority of the free and mighty Grand Juate of the Sovereign Republic of Victoria. See. 6 Kvery person before becoming a candidate fee any civil office in this republic , ahall take and subscribe the following oath: D. L., do solemnly swear that E Will support oll the regulations, ordinances and decrees of the Grand Junta. nod I will faithfully perform and em cute the duties of my office agreeably to their directions form in the capital of Anahurc, | raitis va. —At last accounts, the negro stealors, Whitneve Joboron, dad Mitchell, were in jail at d probably 8S this writing art on ther i ’ Of Metshal Veins sat oicer eted, they will be | te for theatrical performances, | dersteod i have | of em age and dictates. to the best of my abilities.” Avy member of uid Junta chail be competent to admini-ter said oath, before the affirmant announce himself as euch candidate. ce 7. Said Junta shall have complete control of the treasury of this republic, acd shall have ample power ond authority to appropriate to thelr own or otherw’ usse such moneys as thoy may deem proper, and shall net be under the necessity of rendering vouchers for the same. Re. 8. The said Junta is herelyy authorized and requie- ed to appoint committecs, qualitied for their respective duties to draft such a constitution as they may deem ex- pedient, and such other laws for the good of the republic, which said constitution and laws ebail be presented to the Grand Janta for its approval or rejection, on the 26a day of September next. See. 9. Fuid Junta are empowered to make laws to ea- clude trom office ell such persons aa are, or have Leen poted to the authority lawfully exercised by it under constitution There were some other provisions of little impor- tance, which I now omit. ‘Lhe constitution wee re- ceived with rapturous applause, aud the unlimited powers conferred upon the Grand Junta enable them to regulate the affuirs of the new government in aa arbitrary and rapid manner. As yet, there have been but three deputations received from the neigh boring towns ; but a general uprising is perceivi throughout the country. A strong armed band has been organized, and a portion of it is actively em- gaged in enforcing the mandates of the civil authori- ties, while the remainder are stationed at the ald Spanish fort of Dominguez overlooking Ft Pn. It will be a more difficult matter foe t- (inited States to put down the movement, thay t+: of Cae rabsj it bas all resulted from the act: vo! \howe civil officers who, being waccuetomed to it have jurt acquired some power, and exercised it without regard to the rights of the community in genoral. If it can be suppressed, this revolution way proves salutary lesson to those who caused it it progrceses I will give yon further ascounts I sincerely hope that by next mail I may communicate the happy intelligence that it hae passed over without bloodshed or destruction to property. Yours, &e., T.R Miruagp. Resignation of C issioner Young. The Hon. Jobn Young announced in his that he would resign his office of Kxeou ane cillor and Commissioner of Public Works, and thet he had been permitted by his Excellency the Gov- erner General to atate the circumstances of his joining the ministry. He said that no difference bad cxisted between bim and bis late colleagues, on any other subject than the commercial policy of the country. He read tho following letter :— Quearc, Sept. 18, 185% Sir--The memoravdom of the Iaspeeter General, om the future commercial policy, and the adeption of that Dlneos ma io the onavoidable iow Lean. uager the elvoumstan- Governor Gen. Arc, Salt, tea, Cora, h duty 2 and hardware. leatucr, glaae nO ds, and on ire “per manvtactories, than the rame articles ane solo With, imported by the Gull of the Th 1 free the paw nite period tho making suce, between Quebes and Mion els Tt #l-cip the commencing of the nee with Lake Ohawm- (ensl to ¢ Jain, by «of toll to Amoricam vers is and cargoes, The Atme- rican trnda will be forced srom Oawego ana Og- dene burg Boffalo, end the canal and th it, Whatever might be the advant: with the United States, id it to Canadian com. ©, abolishing agriewl- t vuriee, aisapgng for # reciprecal trade with the British West Ino: of & canal to com- he St Laws ¥ against the United y auaot fall to be ume m people, as the establishment mamereint policy between the two coum- tries, wine ib Mey be productive of other immediate and aud will, in my opinion, bs subversive of res Statoe | the vast inerense Of trade which would fuilow the potioy boarded | &Mcmber of the goverum »din came | Works to the hours ofa neighbor, saying that the house | servayt was entered by robbers. The next day the chest | | containing the money was Tals oan ee ae he ended government as ay avowed friend of feos L have reee hav wilt of some years se- and wer known to my oot the w/ ki adon froe trade Ory CUL & retalisiory y, wi tious is a enoritioe in the end, be ppare } dls bacriboe ‘ neiple Lem not 5 b, hed Tanppored tt aid. without healtation Under theee cire ta His Bxcoltency, quest you to tender my resimnatio: | the Governoe Gener. of my cftice as citer; and also that of chief Commis e the honor to your most obedient I have the honor to be. sic SON KOUNG. Xo the How. A. N. Mom, Provincial Secretary. ‘on Baown.—We understand that the body Cok Win apewcer Brown, Cbiet of the d Columbia Railpoad, who was drowned ia i a