The New York Herald Newspaper, November 10, 1852, Page 1

MORNING EDITION WHOLE NO. 7314. - POUBLE SHEET, | IMPORTANT SLAVE CASE. | Pa Anan hes ay Eight Colored Persons, Alleged to be Free NEWS BY T ie alas APH. | Born, Sold to Siavery—Exciting Scene, &. SUPERIOR COURT—IN CHAMBERS. FURTHER ELECTION RETURNS, Before Hon. Judge Paine. ane Nov. 9—Long previous to four o’clook, this after- THE CONTEST IN MASSACHUSETTS, | 200», the hour appointed for hearing the arguments of SERRE TE | counsel in reference to this important case, the staircases ' - | and lobby of the City Hall were crowded to excess by Very Few Candidates of any Party Blecteds | rersone, both white and colored, anxious toobtain admis. re ae = sion vo the Buperior Court. At afew minutes before 4 THE PROVINCIAL RAILROAD FEVER. | orejock the doors of the court were opsned, ana the room Sri aloha wig Soe aa was inttantly filled. Outside the gates of the City Hull, Murder---The Weather---Markets, which were looked, an immenee orowd of colored persons en dev. de. was collected, manifesting the utmost impaticnce to learn Massachuactts Election. the result of the trial, Mr, and Mrs. Lemmon the Sruincrienp, Nov, 9, 1852, | Claimants; were present, together with the alleged s! i Judge Paine having taken bis seat, Mr. Lepaugh, the Whe expresses of the Springtiela Republican and the Bos- | L fon Atlas, Journal and Advertiser. have colleoted the re: | noe ap hese proceeded to read the amended turns of the election of Mondsy throughout the State | 7 hispid : New York Superior Court.—The People of the State of ‘Tho lagb returns were not received until six o'olock this | yey York, ex rel Louis Napoleon, vs. Jonathan Lemmon, morning. All the State but a few small towns is received, | Respondent.—Jonathan Lemmon, respondent sbove named, embracing over 300 towns. ‘hy vote for Governor is :— for return to the writ of habeas corpus issued herein, John HL Cliford, (whig.) states and shows that the eight persons named in said L esscthe 39 Men} | writ of habeas corpus, are the property and slaves of Juliet Henry W. Bis op ( an) | Lemmon, the wife of this respondent, for whom they are ewes, Meup, (tree poll, | held and retained by the reepondent, That the sald 2: £ ii et Lemmon has been oe Owner Of sud! ‘TSODS 8S Hampshire county has elected two whig Senators ; Suf- her slaves for several years last past, she being Cape cary folk county 6; Barnstable 2; and Nan‘ucket and Dukes, | snd citizen of the State of Virgiula, a slaveholding State; i.—Total, 11 whigs. that under and by virtue of the cous! itution and the a. : - laws of the State of Virginia, the aforesu'd eight per-ons, Berkshire has elected one opposition Senator; Worces- | for several years last past, have been and now are held or ' th, 2—Total, 8 bound to Fervice or labor az slaves, such service or labor by fl eden Doing due by them as such slaves to the ssid Juiist, un- ‘here are two vacancies in Mumpdex, one in Franklin, | go.’ 8 04 by virtue of the constitution and. laws vane in Derkshire, six im Middlevex five in Eesex, threein | aforesaid. ‘That the eatd Juliet, with Inereaid slaves, Norfolk, three in Bristol — otal vancancies, 21. | persons, or property, is now in transiiu, or trans ~ | from the State of ‘Virginia aferesaid to the Stal Eseex Senators are in doubt, If the coalition eandi- | C"qexes, the ultimate place of destination and an. ates are choren, the Senate will stand, on assembling, ther, siavcholding tate of the United "States "of 1 whigs to 13 opposition. merica, and that she was so on her way in (ransitu or transit, and not otherwise, at the time when the ufore- The whigv have elected Representatives, the oppost- | aiq'eight perfons, or slaves were tuken fiom. ber us- Yon 60, and there are 227 vacwncies, some of which will | tody and postesion, on the sath day of November In- » u orlaw stant, and brovg! fore the said Superior Court of the Goubtless be filled at a futurvirial, though the qui city of New York, or one of the Justices thervot, under question will prevent a large house. | the writ of habeas corpus issued herein, that by the ‘The proposition for a convention to revise the constl- comstitntian meal Libs tae of veh State of eee pL jority of 6,103. said, the said Juliet is, and would ‘e entitied, to the sor,. talon ban hone onreied bY. malority of. 6; | vce or labor of the eaid slave, or persons, in the ran Zeno Schudder, Smucl H Walley avd William Apple | Jergy they are guacanter, and secured to’ her. "yy thy ton, whigs, have been elected to Congress from districts | constitution and law? of the state of Virgin\ ror said; Nos.1,4and6, In all the other districts there is no | that said Juliet ever had any intention of bringing the i ob said slaves, o” ms, into the State of New York to ree SPRL au eee teil a yuatalty chats, “akin! Whigs. | tele pA Ht Cet ee Re tity ts, | i ome teennor OF Dur sipVer. ex tedin nearly, if not ail, the districts, There | cept ine nm ees amen a ty . a Sean oe eset ed Morarnos by the prople but Col Cliffort’y | sf td anerlu, oF transit, from the alate of Vuwlaia | i plurality is 21.000. Gen. Scott's plurality was 7.000 ~ ‘Whe probability is that the whigs will sabe lature tbe vaeir pisces majority in the Legtelayyry thee gases fans ae ‘Additional Returns of the Late General Elecuon NEW YORK. _ mie county (official) does not change results as before Feported. Whig Assemblymen are elected, and a whig Sheriff, by 500 majority. Chatauque county (official )—aeott, 1,909 majority; 1,941. For Assembly in the Fins: te has about 200 mojority; ana in tite Second district, Lis- sworth, Whig, 568 mejority. @attaraugus county gives Fenton, dem. for Congress, ‘200 majority, with the town of hice to be heard from, which gives about 100 democratic majority ~making Reuben BE. Fenton, dem., tleoted to Congress in the ‘Thirty-third district by about 600 inajority. KENTUCKY. ‘This Slate has gone for Scott by 2.200 meigrity. TENNESSEE. ‘Has also gone for Bott by 1,800 majority. NORTH CAROLINA. “Mags probably gone for Pierce by 200 to 300 majority. ¢ district, Sessions, whig, The Election Frauds at Pittsburg. Pirrspvaa, Nov. 9, 1352. Whe ‘investigation into the alleged election frauds stil progressee, and further implications have been brought to light. Amongst others arrested are Coroner Lowry, (who bas given bail in $6,000), Joseph Randolph Barker, the High Constable, &e. Col, Kent, the democratic candidate for Sheriff, intends to cotnest the right of Mr. Magill to the office. The cas fs to be argued on Saturday next. Democratic Celevintion at Kaston, Pa, Fasrow, Pa., Nov 9. 1852 The democrats held a jubilee here last night, in cele- bration of their victory. They paraded the streets in bundreds, with torches, transparencies, &e An old roldier was placed in a wagon, with a tremendous bowl of foup, representing General scot ou his way to the hos- pital, ‘he meeting was addressed by Captain Reeder. Ratlroads tn the Lrition Provinces. Quevec, Nov, 9, 1352. The Legislature have provided tor the construction of e railroad from Detroit to Trois Pistoles, and the er provinees for one from Halifax to Miramichi, The Mouse parsed an address to the Queen upon the subject. pores Sons In-Law, Lovrsvinne, Nov 9, 1852. Thomss Carnal, eon-in-lay of Governor Foote, was Killed yesterday at Kentucky Bend, Missiesippl river, by James Cornal, whose father be wounded a few months ago. Murder of Gov, F nce, ov, 8, 1952. Myron Lawrencs. formerly Prosident ef the State Senate, and a gentleman who has occupied « distin guished position in Maserehusetts for many years past’ died at Beicherto Sunday. Fire at Pittsfield, Moss —Fal’ of Snow Srainoriecy, Nov. 9, 1852, Bonney’s iron foundry at Pittsfield was entirely de stroyed by fire, between one and two o'clock Sunday morning A barn and carpenter's shop adjoining, belong* ing to Charles Pitt, were—the barn whol y, and the shop partially consumed, Mr. Booney’s loss is estimated at $ 8(00 and Mr Pitt's at $100, Snow fell at Lenox Inst night, Death of Myron Lawes Braver Arrest for Assaulting « Girl, A.nany, Nor, 9, 1852, Officers Manning and Johnson arrested & man named George Best, to day, charged with being one of the per- sons who grorel; Ited and violated a young German girl some tine oar Hudson, The Southern Stexmers, Savanwan, Nov. 9, 1852 in sixty-two hours from New York. Cranceston, Nov, 9, 1852, The mail steamship Union, Capt. R. Adare, arrived here at 5 o'clock this morning, from New York. Southern Mail Fatlure. Bartimonw, Nov. 9, 1852 The southern mail has failed beyond Richmond to- night. Madame Sontag In Boston. Bostox, Nov. 0, 1852. Madame Sontag gave her first concert to-night, The Dall was crowded to overflowing by # fastionable and enthusiastic audience. The ticket office was closed at noon to day--all the seats and standee ticktts having been sold. Speculators are said to have realized $5 aticket premium. There was a great crowd outside ‘the hall, Markets, Axnaxy, Nov, 9, 1852. gonteree , foot up~Flour, 16 000 ushels ‘The receipts since bis.; corn, 21,000 Darley, 44000 bushels; wheat, 12.000. busbets. Flouk is seendy, with sales of 3.000 bbls; wheat, white ‘Ohio, sold at 2,300 bushels, ‘ide ; corn, sales 6000 bushels. at 85 for Western gnixed—oats, no transactions have been reported. Bar- Ley, 20,000 bushels changed handr, at 69 a 70c. for two « rowed; 6c. for Genesee valley, four rowed; 74c. for Go- ‘weva, ditto, a prime article, and 67e. for Wisconsin. ‘Whiskey, prison, sells at 25/0, Hogs—160 dressed hogs Bold ab 7 a 7 8o. Meteorological Observations. DY MORSE'S LINE, OFFICE BASEMENT NO, 256 WALL STREET, Turspay, Nov. 0, 1852, Burraro, 10 A M.—Barometer 2935. Thermometer 46, Wind southwest. Cold, rainy morning, Rocuesrer, 10 A. M —A cold, but rainy morning Woe Dad some snow this morning. Wind northwest, Ther- mometer 64. Avnvew, 10 A. M.A cold, rainy morning, Wind fouthweet, Thermometer 44 k « Brrscusr, 10 A. M.—As usual, a dark, cloudy and ‘Peiny morning, Thermometer 60. Wind south, Urica, 10 A. M—Raivy morning, Thermometer 45, ‘Wind southwest, Prospect of rainy weather, Yourteenth Gay of rain. Avnany, 10 4 Th M.-t rive Wi der ad Warouoter ue 0v0. yi v Orooker, whig, for Congress, 394; and Hunt, for Governor, | ‘whe steamehip Florida, Capt. Woodhull, arrived here | ef" uid, through the port o1 harbor of New York on voard of stcamship for their place of destination, the State of Texas aforesaid; thay the said Julies | as such owner of the aforesaid slaves or per- | sons was, at the time they were taken | from her as aforesaid. on the writ of habeas cov pus, and | she was thereby deprived ot the possession of them pusé- ing with them through the eaid haroor of New York, where she Was compelled by necessity to tousb or land, without on her part remaiuiug, or inteuding to remain longer than necessary, That the said slave: Dave not ovem Dought up by a negro trader, or speculator and that the allegation to that effect, made in the petition of one Louis | Napoleon above named, is entirely untrua, That ‘he said Juliet is pot, and never was @ negro trader. nor was noe is this respondent ene That the said peisone or “slaves were inherited by suid Juliet Lemmon. as heir at law, escent, or devise, of William Douglas, late of Bach coun ty, in the State of Virginia aforesaid, That tt 1s not, and heyer was the intention of the said Juiiet te reli the said slaves, as alleged in the petition of the relator, norto sell them in any manner, This respopdent, further answering, denies that the aforesaid eght pereons are free; but on thy contrary, shows that they are slaves as aforesaid. to whom and to whose custody and possession tue said Juliet sailing from the port of Norfolk, inthe said 5) givia, on board the said steamship Richmond touched, landed, or came into the barbor or State of New York except for the mere purpose of passage and transit from the State of Virginia aforesaid, to the State of Cexas aforesaid, and for no other purpose, intention, object, or design whatever. ‘That the said Juliet, with bor aforesaid slaves, was com, pelied. by necessity or accident, to take passage in the steamship City ot Richmond, before named. trem the aforesaid port of Norfolk and State of Virginia for the Biate of Texas aforesaid, the ultimate place of destins tion. That the said slaves are uot confined or resirained of their liberty against their will. by the respondent or ths said Juillet, or by any one on her bebalf | HENKY P. LAPAUGH, | Attorney tor respondent, Joneciau Lemmon Subscribed and’ sworn before me, tis 9h day of Nov= | amber, 1852~B. Pains At this jancture some dircussion took place in refer- ence to the return, and as to which side should have the | right ef opening the case and the reply, Mr. Quiver | claiming, as his client was the party demurring. that he WEP tited to voth. After some discussion, it was ar- side, and that Mr. Culver should first e' ate his arguments | on bebsif of the alleged slaves. | Mr, Culver then addressed the Court as fellows:-—If the Court please, our motion, which fe the foundation for this writ of hateas corpus, states certain facts and we eup- pose these facts are to be taken as true. unless the oth, tide contrevert them in their return to the writ of habers s. Cur petition sets forth Unst these perons were brought into this city on board of the Cry of Ki mond; that thgy were taken from th atcer the ceedings were commenced. cuctied round the and finaily No. & Onrltel were fe by th thete returi they we they were , Lenimon, a at ; nor does it deny i th 'y brought in that’ yeesel to this rity: but admits it. It does not sey anything about where they wore found. but admits they were found om the city of New York in this pleco; and it forther alleges tast these persons ere the property of Mra. Lemmon. It admits farthor that they were brought bere for the purpose of being token to anc or, io other words, that th were in fran ‘and that slevery is allow by th hich we fore, In the firet place disetea persons upon four independent grounds F. | by the great presumption of the common law they are entitled to thelr freedom, Toe provisions of the com won jaw are in fayor of the personal rights. liberty and freedom of every individual; and unless you cau over come that presumption by ‘some positive local statute, it must prevail and give to every mon his treedom The second ground is that by the adjudications made from time to time, not only in free but ix slave States, ayoin and again, thet by bringing there persons within. or | to, a loeaiity where slavery is notin existence and has | no legal evidence. they are made If [ should be wrong in both these positions which are bared upon the common law, then I maintain that I am right under the statute of the State of New York, and that. I belteve, is retty good law in thie country By this etatnie it will be found. in sections 1 and 16, which Fels'es to the impor- tation of persons beld as slaves, that the Legiriature has jd, many years since, that bereafter every person born n this state ie to be free, and that every person ber fore born in this State is free, and them goes on aod de. clares, that erey person imported into this State, under any pretence whatever, except as provided for in that | etatute is by that act made free. It will devolve upon the other side to show that they come withia the excep tions In looking throngh this statute I lind shat there were some exceptions made, legislature bad its eye upon Saratoga Springs, for they provided that persons coming here ard bringing slaves could retain them fora period of nine mooths, and then take them back, Sections 3,4 6. 6. and 7, were the only ones iu which these reservations were made which seemed to limit the general rule which the legis! ture bas laid down in tbe first rection of that sta- tute, But in 1941, as we got rid of the Inst drems and abominations of slavery, th gislature in both houses, by a largemajority, swept away the fourth and fifth e tions from our staiute peok. and no longer made it allow- abie for a man to come to Saratoga Springs, or to the city of New York, and scjourn wirh his slaves This, therefore, leaves a cleaner sweep for the general provi apereon secretes himself on board a verselia portin a slave Sinte and comes off to a free State, the Legirlature has provided that rome of the officers of taxt ship might take him back again; but #0 jealous is the law in this State with regard to personal rights that ybey not allow the captain to take him pack, Phis is teporcea ‘% the Tegal Observer, in @ case tried before Judge Ed- monds. That is the third ground upon which we move the discharge of these persons by the positive provisions of the State of New York, unless the counsel on the oppo. site ride can convince the Court that ihe question comes up upon come of the exceptions left. The fourth ground upon Which I claim to have these persons discharged, ia by the ect of the defendant and bis wife They have ad- mitted in their return that they brought these persons here in (ransitu with the intention of taking them to Texas. I believe it is in rection nine that any person who fhail export, or catry a person held as a lave out of this State to anosher place, that that im itself ska’l work the freedom of the slave; and it goos further, and declares that not only the exporting but any attempt to export a person held as slave makes him free. So the defendants here, by the attempt which they have made in endeavoring to procure a “ves- sel to proceed to Texas, and keeping these persons in imprisonment, which facts they have alleged in their re. turn, hes raved us any further trouble, That act alone works the freedom 0! man, woman, and child. Those are ‘the four grounds upon which we we are entitled to the freedom of these persons; and I now askgour honor's tion to some adjudications which have been made, and which have a direct bearing on this cave. 1 stated first, that the great presumption of the common law is freror of pervonal liberty. I quote now from Wheeler's Law of Slavery, which ‘was written in 187, long before the agitation which shook the public. mind from its ba. lance took place, in which is gatheredLup all the desision# made ov that subject in all the cours of the United States and the State courts, T find, in pages 962 and some of the conclusions which Justice Shaw arrived a fn scare that came before bim fa the Siate of Mavsachu j Ne romarke: Walle alerery te. coushder “ ranged that only one counsel should be heard on cither | Drought into this State is free by that act. --WEDNESDAY, NOVEMBER 10, 1852.’ lawful in both this State and im England and this be cuuse it is contrary to natural nght, and to the laws designed for the security of personal liber- ty, yet in both the existence of siavery is re- cognized in other countries, and the claims of foreign ers growing cut of that condition is respected. Lord Mansfield of opinion thas slavery could no be intreduced upor y reason, moral or political, but only by poritive law; and that it was 80 odious that nothing conld be suffered to support it but positive law, [read this simply to show that slavery is in derogation of per- sonal freedom. The same doctrine is clearly stated in the full and able opinion of Chief Justice Marshall, Loth Wheeler, 120, in which he says that slavery is con- trary to the law of nature. and thst every man bas a natoral right to the fruits of his ows labor’ and th: pereon can deprive bim of those fruits und appropi them eguinst his will In the case of Forbes vs. Cook- rane, 24 Barnwell and Cresswell, and in Wheeler, 356, the samo Judge states that the law of slavery is a law ia imventum, avd where a party gets out of the territory where it prevails, without any wrongful act, the right of the master, founded upon the municipal Law of the place, does not continue. He ceases to be a slave in England, because there is no law sanctioning slavery But we place this case upon much higher grounds here, for when there people touched within the domains of New York, they came where there was not only no slavery, but where it was positively interdicted by statute by the government abd the people of that State. I reud these authorities to show this great fact, that rlavery is @ creature of positive law, local sta- tutes, and municipal regulations, and it drops off the moment @ person gets over the bounds that limit * that local law. “Mr. Webster, in his great speech on the Oregon question, in 1848, took the same ground held by Justice Shaw and the British authorities: that siavery ‘war local in its character and not general. and that it was in deregation of personal rights aud could nowbere have an existence except by the force of positive statute. There is another case reported here, which brings uj rome nice views, of which I will read the head note. It ie in 240 Wheeler upon the Law of slavery, and is as fol- lows: “The treaty of cession by Virginia’ to the United Biates, which guarantees to the inbabitants of the North ‘West territories their titles, rights and liberties, doos not render void that article of Congress of 1798, which pro- hibits slavery in that territory. There was a case raised here, whether a person that was a slave in the North Western ttnitory, and taken back afterwards into a tlave State had lost his freedom by going back. or, in oth- er words, whether be could be held as @ slave in the North West territory. All this, however, was overruled by a Soutbern judge on a slave plantation, who raid: + If Indianp, had bad ro positive law upon the sudject, if she hud bad no constitution upon the subjest, yet that very Gat platform there would be sufficient to have sent slavery out. Although it was done before Indiana was a State, it was doue before we had adopted the constitution, and, yet if was in the nature of a compact, and as that it became part of the funda- mental law of the land, aud could not bs touched ” Now, sir, in relation to our State legislation on this sub Jeot, Tina g20ther ot cacion héte wich gleet ty the State of New York the right to do ail tna she has as sumed, and it is found in $46 Wheeler, 6th Raudolph’s reporis,__ It says that the power fof State law to change ~eqps held in slavery under them can- «we condition 6f per % not be doubted The creation of foreign laws upon siavery is immediate and perfec, @2d_ a PATI, cnuage De | not cease to belong tohim on account of his being in a Btate of New York which in any way prohibits the futl | exercise of the rights of our client umder the constitution of the United States. and under the constitution and laws of the State of Virginia is constitutional. But I shall discuss first the object of the law of New York, in order to show that it may stand, and yet not bo deemed igcon- sistent with the rights for which we contend here Mr. Justice Kent lays it down as # rule that. in the construc- tion of @ statute. we should first ascertain what was the common Jaw before its passage that was designed to be remedied by the statute. Bearing that interpretation im view, we conceive that the effect of this statute was not intended to be anything more than this: that slavery, which did not exist by the common law, should not exist afier the passage of that law in the State of New York. ‘Let us seo what rights belong to Mra, Lemmon, and how far by the law of nations, a purty, owning proggrt ym one State has a right to ics possession in another te. On this subject 1 will take the liberty of citing Vattel on the daw of nations. [Here the counsel cited from the second book of Vattel, fogs 225, section 81, showing that the goods even of individuals ought to be considered as the goods of the nation in regard to other States.) Accord: ing to this authority, continued the counsel, the property of a citizen ct Virginia, parsing through the State of New York is to be regarded as the property of the former State, and the State of New York is bound, in fidelity to the constitution of the United States, and the laws of Virginia, to give that property to these persons. The sta- tute of this State contemplated that when slaves are to be made free, by being introduced into this State, they mut be brought with the design of keeping’ them here permanently. But never was it intended, in the enactment of that statute that persons passing through this State with slaves absll, by the mere net ot transit, thereby forfelt and lose his right to his pro- perty. Inthe same book, rection 109, I find that he lays cown the doctrine that the property of an individual does foreign country. and that it still constitutes a part of the ageregate wealth of bis nation; so that if we were to take the bread ground that Virginia and New York are to be considered as distant foreign States, yer by the lnw of rations we have proved, that the Individual who comes into this State with property is entitled to it, New York Daving respect ‘or the laws of Virginia And tothe ame elect, also, do we find that the subject of one Stete who Fens to go from that State to which he bolengs into upother, with the intention of remainiog thereia, that State must be regaided in the same respect as the State from whence he came. If this is not tho rule marked out by theauthority from whom I haye quoted. we cannot understand the design of the constitution where it says, ‘the eitizens of exch State shall be entitled to all the pri- vileges and immunities of citizens in the several States” The intention of this clause was to con- firmonthem, as it were, a general citizenship. and to commynleats All privileges which citizens of the same Stave would be cntitled to under like cleumstances. If your Honor pleases, L understand four distinct points to be made %y the counsel for the slaves, on ti* first of which he claims their (ischarge. and contends that they fe free by thee ommon law. Now, the authorities cited Save been quoted for the purpo:e of showing, that what- ever may be the belief in this community that all slaves who come into it in this manner are free. Is entirely in- correct und without foundation, On this point, our attention to a case recently tried in Ponnsylyani in the Cixcult Court of the United States. bafore Justicos Giier and King. It was an action ®rought by a South- einer against @ perron named Kaufman, for the hirbor- sguin reduced to slavery. I find sever! carey ua. tag Ppercous have been taken from a slave Stave ind a pin. where slavery did not exist, and then taken beck into a slave State have been declared to be free ea case here where a slaye was taken into France ouly for a short time and then taken back to Louisiana, ‘and he was declared by the courts of that State to be free be cause he had ben taken to a place where slavery had no legal existence, so that it neccessarily follows, if these people teke their slaves to Texas, they will be enti'led to their freedom—there under the adjadisation of the southern courts; but. forthe sake of convenicuce. we prefer that they should be freed im this State. Here is the first rection of the statute of New York: “No pervon held as a slave shall be imported, iatroduced, or brought into this state up any pretence whatever except in the cases hereinafter specified ” Now suppose they are, “Every such person shall be feo” ‘ben futher: “Every person held as a slave rary tothe laws now im force shoil be free? Then there aie several sections which give some exceptions — seme of which buve been overturnrd by aajudications, and 5. Gand 7 have been repealed by che law of iSAL, ‘The lart section is: ‘Every person beru wishin this State, whether white or colored, is fice Kvery p-rson who shell hereafter be borm within this State shell be free; and every person brought into this state a3 a siave, except as authorized by this title. shail be fren.” 1 will LOW atk your attention to the other potut. which ts penal in ils character, “No person ehali geod. export, or carry outof this State any person who bas been held as@ slave or tervant for a term of years, ex i> Herel prow vided; and whoever shall offend sgaiust tis rtatute. by aiding and consenting to such expgrtation or ateupt, shall be deemed guilty of a misdemeanor, aud every per sop 80 exported or attempted to be exported shall be freed aud disebarged from ali obligation aud service (0 the indivioual +0 attempting to export bim.”’ NowL think that my positions are sustained by these authori- tics In the first place these persons are ted to their liberty uniil they are brought withtn the operation of some local nunicipal statute which overturns ta» pre- sumptions of the common law. In the second piace they are brovgbt toa place whereslavery bas no legal exi-tence, and by Uist act they are made ‘feee, nos only tree here, but tree to the eud of time, and ali that siail bs bora of ibem ip after time In the third place, we meet our opponents by another of the positive statutes of the State of New York, which provides that any person That esas me to look at the return they have set forth, which avows that these slaves were brought bere by the ciuimants, and. they do not say that they are fugitives withia the mean- ing of the law of 1850 or 1193, or the constitution of th United States. The retura, sworn to by the def slows that there slaves were ii nocent of any atten) run away; that they were brought bere on bi | stenmer; their owner: coming with them for the pnrpove It was about that that the | sion. Therefore, one of those exceptions ieft 1s that where | of being shipped to ‘iexas; and. consequently, they do not hold allegiance to the laws of Virginia or Texas, bat only (0 the laws of the Stxte of New York; for it is the lawn of this locality which attaches to them the momeat they come Within its limite. Some oases may be found, of a very early date, where slaves were delivered up whea vessels put into this port in consequence of sirrss of wes ther; but T apprehend no case can be found of lare ocour- renee, as between us abd foreign mations, that will chow that rlavee have ever beem given up when a vessel has been driven into port by stress of weather. I remember & case rome Yeats ago. that there was a versel that had Haves on board, being freighted coastwise, driven into a British port, and all bad thoir free. dom as a matter of courre, and all pussed off quietly. and nothing was heard of the matter. Here it is different, No stress of weather drove them here; no- thing but the free choice and the free will of the owners, If your honor should decide to deliver these persons ipto the custody of this man and his wife. 1 must con. fess, that in my opinion, it will overturn what I think to be the weil settled adjudication of the last xeventy ye 12 L now wait with great interest to eee what arguments my iriends will bring forward in support of Uheir case, Mr, Lepangh roee and ssid—I can but approach this cave with diflidence andembarrarsment But in approach- ing this cuse. however diffidentiy C may do it, I sali ap- proach it in such a way, I hope, as to rest the arguments which I shall adduce upon sound law. and upon the coa- ftitution cf our country; and I shail convend before your honor, that by the laws of vations, by the consti tution of the United States. by the comity between nations, and by the laws of Congress. these persons, who are citizens ot Virginia, and under the coustitation of the United States citizens of this entire Union are ea- ted to that property which wee property to them in Virginia and property to them in the tare of New Y ork, Now I do not propore, and it I had it would be out of my power, to discuss this matter with any degree of feliag and enthusivem, perbape to the eatisfaction of thove wao may be listening ns my friend on the cther side has done, But it seems to me that the counsel ia this ease bes contended for the discharge of these persons. not upon what really entitles them to be disc»arged in relation to tho laws of the State of New York. The counsel has based his argument on the ground that ® person coming from the State ,of Virginia 1s placed ex: actly in the sawe position as 8 person coming from Ger msny would be pleced How is it that these United Srates are to be thus treated in regard to each other as separate, distinct, avd foreign States, in the latitude and exent that one of the countries of Europe would ba re- garded in reference to the United States. Can it be that that ie the meaning of the constitution that binds thae Btates together? Canit be. aud is it the intention of that instrument, which eayr “that the public acts of each State shall receive fuil faith end credit in every other State of this Union’ Are the several States whose pub Le acts are entivied, by virtue of that constitutic ond saith im gvery State, 1D M6 same py rmapy would stand in Pterenoe to the United Let ws look at this constitution, and see how it rights protected. The States is that we are entitled to have our right te property im the State of Virginia, it seems to me, is the same as the right to nrovesty in the Stace of i As regarss the'fact being admitted by —— to this return, that there sinves are the property of Mra, Lemmon, there is no dif- culty to perplex the argument in this case~ They being the property of Mrs. Lemmon, under the laws of the State of Virginia, let us call to our aid, in order to protect this property in the possession of Mrs Lemmon, the constitution of the United States which has a super- intending power and control over all the States of this Union, and without which they might be placed in that dilemma that one State of Burope is placed in rd to one of the States of this Union. Tali your attention to the eecond article of the constitution of the United States, which is as follows:—‘Full faith and credit shail be given in each State to the public rots, rocards and judicial proceedings of every other State.) Now it would seem that. this provision of the constitution Cispores entirely of the objection that these pervons, having come into the State of New York, are to be set at liberty. It strikes me. and I shall so argue, that the gen tleman mirconceives the effect of the constitution. the law of vations, and the comity of the law of nations, when he says that because slavery does not exist in New York, laves brought from other Stater into New York are free. Now, it must be conceded that unless there is some strcpg controlling authority by the courts of the United States, pronounced in reference to this provition of the constitution which I have read deolsring that frith and credit shall be given to the acts of the various States—as we contend, it mast be conceded that this property must continue to be in the State of New York, as it was in the State of Virginia, the rightful property of Mrs. Lemmon It may. perhaps, be neces- sary to take into view the objects and design of the law of the State of New York which has been shell be brourht into ' ary In the course ing of certain slaves, On the trial, the point wastaken ‘hat the slaves were brought voluntarily into the State + 'w owners, and therefore that they wore free; but by thon. > better than give it in the clear and forcible Pht OF Tustiow (rier himself “Jt has been con- hd ne jury. “that there slaves ended! Be ae eee he “platBti im voluntarily fame fn into the State of Pennsylvania; but the pidaing thes ade upon the law of Matyland,’ and this Court camnat gy’ Pebind the laws of the State from whence he esoapen, Judge Paine—Wer Mr. Lepaugh=He gor, knew of no law or deo, which treats # slave as libers.’ hy his master into a free Sta” Toad. | Now, we eay, in the eye. | jucting there persons alorg the nat ere x bad 10 ctber object in view than to Ps Legit got cpr’ We were compelied. on onr way, thither, .'° °UDIEK S Norfolk, Virginia; and we never brought the. “Mven. te the harbor of New York with eny intention of .CeP!"s, ibem in this State. We say that the mere paa ‘ie of slaves over this part of the national highway is nay, 04 rhould rot be, regarded as an act of liberation. We they ercaping? yon to ray, your Honor, that he ion 0, the courts of Maryland ted who has beer! conducted” slong the national high of the law, we are coa- nat high rou. We | nan depored—L beye rent om to Justice Grier to gat the facts in this caw, £0 as to have them more fully stated. Judge Peine~Kead what he says about the national high road. Mr. Lepargh—On this subject be says Lord Mansfield bad gtid many pretty things, as the counsel for the * (Mr. Coivert) has said here in the case of Somereet, which are often quoted us the principles of the common law; but they will be found to be embellished with thetorical flourithes rather than with legal dogmas. Now, in illustsation of that prinesple, and in order to rhow the variety of a7gument,advanced to prove that the intention of the statute is that every man brought into this State tholl be tree, jet me aliude to another case. Your honor is aware that we have a fugitive slave law, and you are aico awere that in 1793 there was an act passed in rela- tion to fugitives from labor. Now, supposing a slave es caped from his master into Obio frore Vixgimia, and after he bad been delivered to him under the law of 1793, that master was by necessity compelled to take him through the Biate of New York, the learned counsel contends he would be free because he was brought to New York on his way to slavery. ‘The position we take ona this point is the only One that is tenable, We say that the importation of slave into the State was the case to which the act refers, end not the mere transient prs through it. If thie is the right interpretation, then the | South could never secure her rights if a free 3 | were allowed to declare that the very moment a slave was brought into it, under any pretence whatever, he | thouid be trea And taking that’ view of the case, we per- ceive the constitution of the United States and the iv wa | of New York and Virginia harmonize and sustain exch | other. It is only under this relation of the states io | exch other that Sir, Lemmon can be entitled to all the | privileges and immunities of a citizen of the Unitod States. Now, whut sort of ao argument baye the counsel | presented im zeference to the position the State of New York snd Pennsylvania oceupy to each other! | We have given expression to a docjrine, which, if prac Lically carried out, in Jess than ten yeu roy the Union which now binds us toge:hi stion in one that the South has taken a deep interest ia, aud | it has came to the koowledge of some of the | people of that rection, who ace determined to have & decision even im the highest tourts of the Ual- ted States on this mutter, s0 that it ehail be finaily | rettled whether they shall be entitled to carry th yerty in the same manner and under the same prote that won @ be extended to any gentlemen in this who might be travelling through the State of Virginia ‘The counsel proceeded, at still greater length, to argue on | the legality of the claimant's right to his coveloced by speaking of the great interests and ues tions of importance that were involved in this ease. ‘The Court was next addressed by Mr. Clinton, also on behalf of the claimant THe spoke substantially as fol- lows :—May it pleae the Court, in rising to addres you in this caso, 1 know that the few observations I shall make will both please and displease the audience. Iam here, however. not to consult the feelings of any one, but to dircharge my duty to my client. I shall present those views of law and juctiee which are founded upon found ecmmon rense, which have thelr origin | he common law, and their final resting place in She constitution of the United States. I am quite aware that any case of this kind always excites a eympathy, for there is & music in the word frocdom, that no sooner had the yeports of the case appeared in the papers, than the foel- ings of the community became aroused, und the greatest interest Was manifested in the proceedings. But that is | 4 sympathy which iooks to the condition of one class—the | sym»patby I feel is wot confined to one class of persons, Vut is co extensive with the whole Union It is well that the rights of these pocr and bumble, and, if you pleav, unfortunate fudividuals, should be protected here, They will not suffer before this tribunal; they are defended by cne whore champtonship has been often given in cases of this description before, and I trust the uy is far distar* when the derixe for popular applause will invade v7,” ple of jastice. It is important that the rigbh, of those poiticr ehould be protected, and when ths time come that the temple of justice can be invade’ by popular me. plauee it will be quite time to tear down ony yones tt Tam satisfied that in this case no consige a6 Sree bured upon the laws of the ' ‘ations but those place in the mind of var~ ~ sand will recieve any Brief, I ehall == “« honor. In order to be more plan? ~ it but two or three points. In the first e; 4 tay thut the respondent had a right to take bis slaves from the State of Virginia to Texas, another slave- holding State. by virtue of the comity existing between the States The counsel bas said that the common law priveiple. that the legal presumption isin favor of liberty, Will not be disputed; but he has mot cited a case througia. cut bis whole speech which in any way militates agiinst the views that I will submit. He quoted a case from Wheeler on Slavery, which is to be found in 19th Picker- ing entitled the Commonwealth aginst Ayres. ‘That ¥ e where @ Southerner came into tho State of Marsachuretts, bringing with him his slaves, for the pur- pese of remaining @ conriderabis length of time there, He did not come into that State in frensitu; it was merely for the purpose of remaining there a considerable time A habeas corpus Was procured. the question presented before one of the judges of that State, and it received the close in | tremens; he attention Of the Obief Justice, who wrote a very elabo- rate cpinion on the subject; but he no where igsinuytes {hat in a case of this kind the slaveholder cannot obtaln his rights, He admits that the right of transit exists in that Btate—at al! events he doss not contradict the doo- trine, Here, then, Is the case upon which the counsel relies. and it is the only case which, upon a supericlal reading, squints towards the doctrine he lays down. ‘The coursel here argued at considerable length upon the point contended for by bis associate, Mr. Lepaugh, that a siaveholder had right of trausit through a {coo State with his slaves To sustain his arguments he re- ferred to the following cnses:—Kunkin ys. Lydia 2 Mar- shall, Strader & Graham, 7th B, Monroe Rep. Collins vs, America, 9 B, Monroe Rep. 572; Willard vs. People, 4 Scummon’s Rep , 472, 473, 474, 475,476. The statute of New York, he snid, did not refer to cases where the tlaves are in transitu to any other State, and on this point be referred PB y th, wis pote to Pigg vs, Commonwealth, 16 At the conclusion of Mr, Clinton’s argument. Jay made a few brief remarks in reply, principle tovolved in this case was settied by the Uourt of King’s Beneb in 1776. The question, he continued, is. whether the owner of a slave, coming from Virginia, with in the juriediction of New York. and on his way to Texas, thall be allowed to bold that «lave in custody, and carry bim out ct the State, and whether you (Judes Palas) will Mr John OO a PRICE TWO CENTS. law of the State of Virginia. Precisely that cruestion came before Lord Mansfield, in the ease of Somerset, Judge Paine.—In the case of Somerset. tho sheve was brought from Jumaica to Rngland, to remain there Mr. Clinton.. at Was a0, your honce Mr. Jay —It was decided im that case that the negro, when brovght to England, ewes no service to a master The slave was brought from Africa, and reduced to sla- very in Virginia, taken thence to England with the des sign of afterwards transferrivg him toJemaica Ths slave made his escave while nm England. aad the casa came before Lord Mansfield, who discharged him and held him to bea free mun, This was the substance of the statement of this case, a made by Mr Jay. who cloaed hia remarks by a reference to one or two others of a simi- Jar character, Judge Paine sald that. as he desired to render 9 written deeision upon this case, he would not decide until Satur. dey morning. Heordered the slaves, meanwhile, to r main in tbe same custody, and to be provided for in t! same manner as before. City Intelligence. Tar Wrariten, during yesterday, was very cold. witha dry atmosphere’ The thermometer, at the Menat building, ranged, #t noon, 6314 degrees, at o'clock, P. 63 degr and at Bo'elock. }.M 63 degrees ‘At five O’clvek in the afternoon, Wo had « vory olight sprinkling of rain, which was repeated between seven aud cight. ‘The night, at a Inte iwmise of a flue morning Desiocnavic Resoreixe.—The democrats here have not setticd down yet after their late sigeal victory at the election, Rejoicings go on in some parta of the sity. in some shape or other every night, Last night, Duniap’s Hotel. in Fulton street, Was brilliantly illuminated in honor of the event; and invention seems to be on the rack to devite means of evincing popular exuitation Revorr ox Boanv tHe Packer Sure New Yo @ was a rpvolt of the crew. in the forenoon of y day on board the packet ship New York, bound for Liv. erpool, It seems that the New York cleared on Monday. and hauled out into the stream = The crew consisted of twenty able men. Yesterday morning when the captain ordered the men to perform duty they refasod, and ox rowed their determination not to goto sea, Mr Carles archall, the copsignee of the vessel, heating of the difll- culty, went out to the ship, and on going on board had the men called cut, when he asked them why they re- fused to perform their duty. Thoy sald beoause there were too few enilors on board to marage the ship, He then turned to the oaptain, and asked him whether this was tho care, who replied that it was untrue, that he had a full complement of mer. and never sailed with a lin number, Mr Marshall then interdicted all communica tion by boata with the thip, returned on shore, repaired to the United States Marshat’s office, and succeeded in getting a strong force to be seut on board, who placed the revolting crew in irong, and after landing them, lodged them in.prison. ‘Their cxamination is to come off to day. Dn, Raras will deliver a lecture this evening before the Hebrew Young Men's Litoravy Association at Stuy- yeeant Instivute, Epveationas. Convention.—We see it announced that aoonyention of the old cadets of Vaptain Partridge is to be held in this city, om vue 11th inst,, to comider the hnportant Fulject of education, and to devise means for the esteblishment of a system that ix in all respects snited to the genius of our free inctitutions, A meetin, for the promotion of the same object was held in Middle town, Conn,, on the Sd of September last. ‘Those who have’ called this convention are earnest and influrntial men, ‘Chey believe that most of our seminaries of learn- ing have some anti republican teatures, which ought to be discarded, They have matured such a system as they would like to see adopted, It is similar, we believe, in its eteential features, to that which has been so long and so successfully pursued by Captain Partridge, Ope object of the convention is to bring this system to the notice of the public, Buppen Deartt Coroner Tres beld an inquest yestor: day morning. at No 159 Anthony street, upon the body cf Aman named Toglas MoLiso, who was found dead in his bed between six ond seveno’cleck, Willian Bucha- ame here last Friday with the deceased; shout three weeks ago he had been drinking but did not drink avy yerterday ; he was well then; we went to bed between eight and nine o'clock ; he complained of boing cramped, in x short time after ; he vomited also ; aout twelve he got better, and I went to sleep: I woke he tween Fix and seven o'clock this morning, (Tuesday.) and found bim dead. | Doctor Lidell—I_ made ‘a post mortem examina'ion of the body; T found it livid and rigid with the mouth and eyes open; the incermal organs were eo gested; the stomach conlained a considerable quantity of fluid tinged yellow; in the ascending colon there was frome rr vater fluid. In aw ion the death was our, was dry and cold. with pro- ecwed | The jury re vd a verdict of death fron. Cholera, ‘The deceased was a wative of Scotlaud, aged fo.t¥ yews an sage 8 Let’ vester day. In the City Mosptial, upon the hou, Of Patek Key, whose death, from a rail road injury. we T*rortod ta er of that morning Themes Miller Mey -Lam ® policeman of the Kighth ward; abowt ihrer Loi I thik it was— a i ime that vhere n lyivg iv railroad car; I sound that his anale & ina wagen to the station house, and then to the Criy Hospital In acarrivge: he ¢td not speak much, and could pot find any perren who sew the transaction; Mr, Rowland told me he had seen bin a few minutes bel and that he was in liquor. Dr per —Dec was admiited to the borpi td ult. foot crushed; it was said to have railroad car; be was 80 intox’ ticn'ate; in'a few days be was at sed from wy care Dr Luckley—Deceased came u vember Ist; he was laboring w connection with a compound fi of the ankle he rallied so far that amputation war deeued advi and was performed; be afterwards relapsed, and died on Monday. Verdict 1d roareely ar. ou ced with delirium it, ankle joint, and delirium tremens Deevased was aged twenty-one years, and was a native of Ireland Deate rrom Vacancy axp Destiretion —At abor thiee o'clock yesterdsysmorning, the officer on duty fo" acolored Wonisn, nemed Mary Johnston, lying in the va cant lot near Third avenue and Fitty-seeond street, sick and destitute. She was removed to the station house of the Nineteenth ward. ané medheal aid procured, but the pocr woman continued to sink and ultimately died at five Oelock. The coroner is uotilied, Accrornr.—A man named John Redmond. accidentally n at ni Chis leg Offiver Vau teenth ward, conveyed him to bis resideno wtrect, Police Intelligence. +1 Curious Case discovered to have by of the seventh ward, one day last mouth & written order purporting to be signed by Mr. Tw for the delivery ofa watch ‘The following ix a copy —tho publication of which may disclose many others of the like ehar and nid inthe arrest of the rogue:— New Youk, 0 1852. lenge let the bearer, Capt. J. Thompson, of the Evsex Light Guerd. have « silver wateh. sim! theone you presented to Honry Kekford Light Guard, last fall. and cherge the same tome. You may make out your bill and send it to No. 6 Cherry street, New Ye: wit W Alderman of the Seventh ward N. B.—'he price of the wateh not to Wit The above order was directed to Mr Cox, No. Rewery; but when the individual called at the stoce aud precented the order, he was told to go lo Mr. Cox's other place of business, at N Broadway. At the latter place Mr. Cox was seen, and, accoiding to the request of the ceder, delivered to the bearer # silver watch, No. 17962. silver cap, &e.. valued st $20. Yesterday Mr, Oox tent the bill for the raid watch to Alderman Tweed; and, on its heing exhibited, the Alderman felt surprised at the demand never havie> given any such order=and pronounced the a gross forgery. The police have eB placed OP “Joo track of the forget, and will possibly in & dev ~- two accomplish the arrest neomuiitted on Alderman Tweed. Tt consists of 4, Court of Oyer and Terminer. Before Judge Edwards, and Aldermen Alvord and Oakley, Nov. 9.—Tke Court opened at the usual hour for busi nese, bot no witnesses being in attendance the oourt Was adjourned undil 10 o'clock, Friday moroirg. Serrovs Arrai—Tanre Persons Suor.— About seven o'clock this morning, a serious affair took place at Harper's brick yard corner of Schuylkill Seventia and Federal streets, in West Moyamensing. A young fellow named George Gillespie, nicinamed “ Suple,’ who ‘was employed at the yard, came there drunk. The fore- man, in consequence of his condition, would not let him go imto the gang to work. and put@ colored man in his place as mouider Gillespie Went away in # He, Wy and toon efter came back with a gun loaded with dagk shot. While the colored wan was standing at the table moulding, and the gang were Working all around, and @ boy was in the act of bearing away the newly made bricks, Utllgspie deliberately fired the gun intothe group. The gresiter por- tion of the lond wes lodged in the back of the headend neck of the colored man and boy—the latter being dan- gerously wounded, and the former eo much hurt as to canse profuse hemorrhage A shot also hita white man, astranger, who etood near the colored man, under the eye The other workmen escaped. The desperate young man Was soon afterwards arrested by police officer Tagg and locked up. At noon to day he underwent an examl- nation before Alderman Fletcher, at the Moyamensing station house, and was committed --Philadelphia Bulletin, Nov. 8. DISAPPEARANCE OF {ALL Pox in Bostoy.— For nearly a yeat past, scarcely a death has cocurred of sone disogder, mall pox, where, in former mortalit ounted toa hui or more, d result is the consequence of tit thorough system of vaecination requited by the ety authorities, ADJOURNMENT OF THE CANADIAN PARLIAMENT — The Canadian Parliament adjourn to-day, and will meet again on the Lith of February. Personal Intelligence Wo learn that Silas H, Hodges, Eeq , of Vermont, has been appointed Commirsioner of Patents, and has entered upen his éfficial duties. Court Colendar—This Day. or. 447 458, 207 108, 189, 542, Furerion Corr 200 6 647. 523. 553, 554 656. 00, 66), 663, 664, 666, 5EG 568, 148 404, 545, 548. 560 B70, 456, 288.7. 316 2 4,469. 402. 419, 166, 40%, 129 184, 188. 471.1 ie 167, 168, 159, 480 Death trom a fracture of the | Forgery —Vestorday, a forgery was | HAVANA. IMPORTANT FROM Our Troubles with the Cuban Govern- ment Still Unsettled, The Crescent City Ordered Mot to Toueh at Havana. SHAMEFUL CONDUCT OF THE MINISTRATION, AD- meee Apology ‘o the Captain General for the Insalt to the American Flag. Another Diplomatic Note from Mr. Conrad. OPINIONS OF Ber, THE CUBAN PRESS. Se., dic. The telegraphiofdespatch from New Orleans pub- lished in the New Youk Heraxp of Sunday last ia confirmed, and the shameful conduct of our govera- ment, in the affair of the Crescent City, fully ex- posed. The following correspondence gives the jatest and most authentic intelligence in regard to our difficulties with the authorities of Cuba :— Orrics oF rin U. 8. Man rtm tes ath New Yous, Nov. 9, 1862 To James Gonvon Bexwett, Esq, Editor and Proprietor of the Henano, Dear Sir—Encloved is a despatch received from our agent at New Orleans, by telegraph, by which it appears that whi.e the Acting Secretary of State, ©. M. Conrad, was giving to the Spanish Minister at Washington tha assurance that Captain Porter and Purser Smith were to be removed from the Crescent City aud not be again allowed to return, he was putting forth in the offloig organ of the administration, (the Repuhic,) that tha government yas taking efliclent measures to vindicate the rights of American citizens and the honor of our flog. At the same time, aleo, bo wag endeavoring, pri- vately to have this company discharge Purser Smith, and remove Captain Porter from the Crescent City to the Georgia, both of which acts the conipany declined doing, believing then, as they do now, that it was casting anun- just coneure upon respectable citizens, who had only done their duty to the government to their employers and to their country. This was the object in telegraphing for Mr, Roberts, the agent of this company, tooome to "7 gar, ington; and the removal of Captain Portes god Purcor Bmith was insisted upon by th» Acting Secretary of State, ©. M, Conrad. All these facts show how far our citizens can rely upon that fanctionary for the vindication of their rights against foreign aggression, and how feeble aad ineflicient our government must become, if in- fluenced or controlled by such councils. Very respectfully your obedient servant, GEORGE LAW, President. P. §.—You are at iherty to publish jm (he Unnann the enclosed despatch and letters, for information of the public. RGE LAW TO THE ACT STATE Orrice or tHe U. 8. Mart Sreanssn New Youx, Oct, 2 Hon G, M. Connan, Acting Secretary of State Sir—I hed this dey the honor to receive your letter of the 25th inst, On the 6th instant we addressed tho Department of Stale aliiier detailing at some length (he grievances of which (his company feels it has a right to complain, ia MR G NG 8YCR relation to the course, on various occesions, of the au- thoritive of the Islond of Cuba, towarda the ships of this compeny ; and we respectfally requested to be advised as to our own 1 and whether the government o Cuba were ju tified n pursuing the course above alluded to. Our motives in writing that letter were to bring to the notice of our goviroment, which we felt bound to do certain acts of a foreign government, which we eould not but regard as oppreselye and unjust towards this Com pany, ond to Americah citizens and sbippers engaged im law. ol commerce with that to the flag of our country. The company supposed that the authorities of the Istand of Cuba had no right to dic- tate to our own government, or to the owners of Amori- can ships, who ehould be employed on board of them, or to make # compliance or noa-compMince with their die- totivn in this respect a pretext for excluding such ships, ' With their passengers and rails, as did not conform to | their directions in relation te the employees om board of them. If these impressions were not well tounded, wa supposed that we should be so advised by the Department fo. If they were well founded, we had, as we supe > expect from our government protection the mjury. We have, as yet, received no reply from the Department of State to our letter of the 6th instant, olthough addressed, in duplicate, both to Wash- ton and to Marebfield ; and the letter of the Acting te of the 25th inst., in reply to my letter s to vifor@ us (he desired information, Kvery day's delay is and has been a company, extremely detrimental to the terest of the cou nd moro than all, subjects ws, i€ correct in ow on, to the humiliation of sabmit- | ting to @ wiong. | 1 desire respectfully to say that it was lees our inten | tion to inquire what course the government of Cuba would pursue, than to ascertain what interpretation owe own government gaye to the rights of American citizens and of this compsny, in order to know how far we would be able to comply with it. I have the honor to be, very respectfully, your obedient ervant, ORGE LAW, Urestdent. of St ing’ ACTING SECRETARY CONRAD vo mR. LAW. Der anewent or State, Wastixatos, Oct. 30, 1852, To Gronce: Law, “4eq., New York Sir—-Your le‘ter of the 27th inst. bas been reesived. That of tho @th inst., to which It refers, was addressed to this Department by Mr. M_ 0. Roberts. In consequence of the information it contained, tha gentleman was requested to repair to Washingtom, H did £0, wna had along conversation with me in relation to the cecurrences at Havana, He is therefo~ room, tally apprized that 1° subject has engaged the earnest atten- tien of the Department, I have only to add, in reply to your own letter, that @ soon as the Department could obtain authentic informa tion of the occurrences referred to, they were made ths subject of & communication to the government of Spain When un snawer to that communication is received i will probably be mado public. In the meantime, I must be excused from giving you any information or advice on the subject You may rest assured, however, that neither the honor nor the interests of the country will be neglected. I am, sir, very respectfully, your obedient servant, O. M. CONRAD, Acting Sgoretary. THE THIRD RECEPTION OF THE CRESCENT CITY aT HAVANA. TELEGRAPHIC, New Onveans, 8 Mn. M. 0. Ronenta.— LE eee The steamship Cretcent City arrived last night, she wat Fermitted to land the Havana mails aud passengers, but was notified that she would not be allowed to do so om het return, ‘The U. Consul informed Capt. Davenport that he had seen a letter from the Spanish Minister to the Cap~ tain General, whertin he states that he had been assured by the acting Secretary of State, C. M. Conrad, that neither Capt. Porter nor Purser Smith should be permitted to return in the Crescent City; and that the Captain General expressed his surprise that this assurance had not beem complied with in this instance. JAS, R, JENNINGS, ARRIVAL OF THE CREECENT CITY AT NEW ORLEANS, New Onceans, Nov. 6, 1852, ‘The steamebip Crescent City reached her ‘Wharf at thie city at an early hour this morning Ter captain reports baving left Havana on the morning of the Sd inst, ‘Ax sho was about approaching Havana, on her passage om New York, « pilot came alongside, and inquired if Wa the purser, wag om er, 0 Smith ie ether I + F