The New York Herald Newspaper, December 20, 1852, Page 10

OPINION OF JUDGE MITCHELL ON THE LEGAL QUES- TIONS ARISING IN THE CASES OF OLARK AND BUL- LivaN. The va, Clark, The Pi |. Sulliven—J i Zh eople vs. fudge before us pursuant to sections 23 and Distriet Attorney insissimg that the Temains im ful force, and that no legal aguines the execution of the and jourt te issuc a warraut fer the execution. counsel, insist, in opposition te erder of this Court, graating new a foree. and assign verious reasons in. tended to show that the Court of appeals had not gain-d very properiy refined frvm ad- very properly om wd tingle argument against the de- - point om whish that & to the judgment of thir Vourt, wi it remained unre- ‘Verm@, 0 are we bound to receive the judgment of the higher Court. and even to carry its decrees int> exeou- tion, when that Court has decided within ite jurisdiction, jual opiniens. But the ques- is bad jurisdiction, was It may be samitted y (! al) * that the Court ef dermier resort in @' Btate. decides upon its own jurisdiction,” (8 Peters, U. rf . 820;) but im this case, the question mew prerented, hether in @ criminal care, where the punishment is to be y cs tae has jurisdistion over the prisoner he be brougnt before it, was mever G thet court; and s0 that court did brought before net ~ decide upon its own juriediotion im that respect.” The question, there wemains oper. Certainly there are cases in which {I would de our plaim duty to pars om ueh 8 question; and if, many case. we should not hesitate to fulfil that duty, it would be when the law directs us to arcerteim whether the sentence of death against two individuals still ‘stapes in full force,” and whether any “legal rea- rons exist against the execution of such semcence”” If the act of March 2%, 1852, giving the Court of ‘Appeals jurisdiction in such care, had mot been a, mm. according to its o decision in the ‘copie v8 Corving (2 Comst. 9). it would have had no jurisdiction, and its decision would consequently have ‘been of mo authority avd it would have boum une duty of this court mot to carry out its dretiem so made. If, however one profereud 1¢ examination of that case, Ithad recailed that decision, it had the power todo so; bat if there were no evidence that it had re-examiaea it, or pro- feszed to pars on the question of 116 jaridiction aguin, the fair imferemce would be tbat that question had beea ovenicoked, rather than that the court had indirectly reverted its deliberate decision. mede directly on che point, ‘The Bupreme Court ot the United States is, where tt has jurisdiction as much above the Court of Appeals as that ‘court ts above thin; yet if the writ of error had issued eines the met of 180%. trom jhe Unived S:ates Court to ‘this court, and the United tee Court had pronounced ent that the Ceurt ot Appeals has, this no right to obey it, as the Supreme Court cam issue its writ of error only in certain cases, then “ to the bighest court of law or equity of the Bate in whieh the decision is made. not $0 any but the highe: Nor weuld that, the bigheat trivunal of the country disspprove of such ® course In ths case of Davie against Parkard, that court droided that the yudg- ment of the Court for the Correction of Errors was er- romecus. and eontended that th» judgment of the Court for the Correction of Errore in this State be reverred, and that the cause be remanded to the Court for the Correo- tion of Errors, with directions to cenform ite judgment te that opinion. (8 Peters, U. 8. R., 821.) Lhe Court of Er- roves evaded conforming its judgment to taat opiatoa, by anpouncing. im its judge the opinion of the United Btates Ocurt. ané then d ‘ing that the Court ef Er- Ters bad ne jurisdiction to reverse a decision ef our Su- me Court for am errcr in fact. and therefore quashed writ of error which it had issued and thus, in effec! left the erronecus judgment of the Supreme Court in ful! force The United States Court. Bypcgtey te princi- Wrought, Inte or ‘the ang the prisoner, Iftne final j favor of would mot ehject. and if the judgment ef the w were ogainst him, and that were affirmed on bis writ of error could not object The eases im which the eourts bave proceeded witneut the presence of the prisoner sre sufficiently numerous to lead to the con- clusion that the presence of the prisoner im the highsr court was not exrent al to its jurisciction, even if his ab- eevee woula make the formulary erroneous And when the highest eonrt of the State gives a judgment which makes veid an erder for a new trial,and specially and corefully erdere the sentenos of death to be proneaneed, it can bardly be sw that it wae done without that ceurt considering tit had jurisdiction of the person of the prisoners, Toebtatn jarindiction over the person, it is gemerally necessary only to have progees served on the purty, im due form of law. giving him such notice of the new action as the court regerds as an equivalent to the bringirg bim into evurt at was done in tbis case, by serving @ copy of the writ of error on the prisoner. In ether cases. expeeiaily tm inferior courts, a special sta tute has sometimes prevented their obtaining jurisdiction unless the party were actually before the court. Suck was Bigelow vs. Stearns 19 J. KR, 39 Inother cases it has been held that, if mo precess was served on a defen dant ond be did not appar iu court by an attorney, the ¥ ent sgaimet him wes void. Such was Borden vs. ‘itsh, 1535 R141, and many others. And it may be that the rena statutory provision (2 BR 8. 736 and 18) that “wo person indieted for any felony cen be tried uvless be be meposaly present durimg such triel” would make wid a triai whem the person indicted was Pi . But the trial there intended is that whieh 4s properly called the trial, nemely—that before thi , e rest of the title containing that section tends to show. It is alro true thet at eommon law the defendant could mct appear by counsel, ard that the privilege to ‘appear by counsel, now granted, was not intended to dis- pense with the prisoner's personal apprarance But that agsin does not apply te the eppelate sourt; there. it is Relieved. counsel could always argue for the aceured. Undoubdtedly. the presence of the accased may be of great service to suggest to counsel even arguments of law. for relf interest of! excites an acutencss of perception | in the elient which the learning of the counsel may have fatied to exhibit. That iss fsir argomemt why the prisoner Fhould be prese.t. even in those oases, but not appela'e eourt is without jurisdiction The statute authorizing the writ of error on behalf of the people was pasred March 42 1852. 4 motion was made in the Court of Appesis to dismiss the writ, on the ground that by the record, as msde up for that court. the judg- ment of thie court purported to bave been given in the February prececing; but it appeared that, al- though the argum-nt was in the February’ pre- ceding, yet. im fect the ju¢gment was in Mi 1862 amd that oourt denied the motion That bind to regerd the writ as applicable to It was aleo urgued that the set of March 22, the Court of apper judgment of the Supreme Co mcoity it; awd it was argued tl 4 and not to reverse or end that on the new trial the li uld be declared and actedon. But tbat cour: bas prasticslly gives a different construction to this act by «pecially direeting that the judgment of this court be reversed, amd that of the Oyer and - ner in ail thipgssfirmed aud that the record be ted to this court, “in order that this court msy direat the sen‘ence of death to be executed.” Ni mains for ur. in this place, bu’ to ex-cute the drelared by the eourt of last resort As when the jodgment of the Oyer and Terminer wo interfere with the provinee of the jury by discussing the question whether in fact the prisoners were guilty or 60 now we will not depart ‘from our proper sphere by pressing in this place any opinion as to the correctness of the deeivion of the higber court. It is our duty to obey it, and we deso ADMISSIONS TO THE BAR ple that the court of dernier recort in the State, could conclusively judge of its own jurisdiction, yielded to its decision. and »ffirmed this last judgment of the Court of Errers By thos docieion of toe highest court of our Btate. if a decision were mecded on that point, there sre eases where tt has no juri:dictiom, and that decision is afirmed by the highest tribunal in the Union To the same effect is the decision of the Vourt of Appeals in Oasiey vs Acpinwall (2 Comst 548.) when that cout | Vacated its own jndgment of reversal, because one mom- ber of the court bad sat at the argument, who, by law, bad no right t) sit thereon account of being distantiy related to ome of the parties, although the counsel wh Mac ved (0 vacate the judgment bad requested him to sit. It te admitted and proved that the prisoners were at mo time before the Court of Appeals. and the reeord shows | there by their counsel. The judg- | that they sppeared ment ‘of tbat court is, that the judgment of the Supreme Gourt he reverred, and that of the Uyer all things affirmed, aud that the record remitted te the Bupreme Court, im order that this court may direct the sentence of deaih to beexecu'+d The cases state, most cecidedly, that no corpo-eal punishment can be lawfully awarded by the court in the abecnee of the pri- eoner. nether they mean that the judgment awarded im his abscnce would be erroneous merely. or without Jurisdiction, is a netural question In Lofft. 400 the ‘court was informed that the crown was inclined to mercy, ‘and was desired to discharge the prisever on some cor- mishment, as he was too poor to pay a fine. said “ they could net award corporeal a fn absenuem” and impored » fine of one chilling, The case of Rex ugsisst Harris and egeinst Duke, in 9, Williom III, is reported in a number of authorities. Then the court was called on to pronounce judgment in the sbsence of the party, atter he was catlawed. In Hol! g 309.0 J. Holt BP reported to have said—“Sir Sami stny tells me there never was a writ to the sberiff te take up any man that was at large, and to put him in the illory. Therefore. I think we cannot give any such igment in the absence of the party, w! executed fhe be in court we deliver him to the mar- ebal, and an entry is on the roll that the marshal do ex eoution periculo incumbente. And if we were to send him inte Bomersetshire. there is to be a writ of arsistance to the sheriff; but it became from Newgate hither, then if be be remanded. there goes indeed « writ to the but then constat de persona.” ‘The difficulties here stated are, that there was no writ known after judgment, to bring up the prisoner before tlie officer who was to exe- oute the judgment, and that i‘ vuch a writ issued (it mot drip; the party into cou:: but before the officer only the person taken wou'i have no i eer that he was not the one «bo, by the judgment, was ished. These objec! ons would not exist in an ppeliate court, which was r:. to cause the sentence to be executed. but to that responsiblity on eet ard nl “ Lae ee knew a ent for ® corporeal pun'*« emt un! party wore et exorpt ye 118, Buckridge, which was in the case of cannot be given egainst any pun t Bemu ® man Wns outlawed for awarded against the felon ti) is mo precedent of amy such mem thet be should be pu demanded when; and thy « eatoh uke, he said—* Judgment vn in his absence, for a cor- be present when it is done. ‘lony, excoution was never ‘cought tothe bar There try ; for if we give judg- « she'pillory, it might be wer woaid be, when they him And there p+. was writ to take a mam and put him in the pillory. © is not like tos cspies pre fim. which is to bring bim }. io court to pay the money. ‘A defendant may submit t: «fini though absent, if he baeacierk in court that ~ii undertake for the fine.” Pod gr! Yagh the -ame effee: in Lord Reyin, 267, 1 Balk. , amd skinner, 684; Combroback, 447 and 12; More, 156. and section 2, Haak. pl er. ch. 48 and 17, and Barbour's Criminal Law. The difficulties here stated are of a lise choracter to thore before moticed, and de not apply to a court which is not toaward the ex- ecution. but is merely to order another eourt to award it. In 1 Salk 56 6 Queen va, Templeman, it was agein said that when a man is to reovive any corporeal punishment, judgment cannot be given against him in his absence; for ‘there is BO procers to take @ man and put him in the pillo- In Rex vs Hann end Price (8 Burr, 1786,) 1t wae agreed that if @ only was to be imposed, it was im the discretion of the court to give judgment in the absenoe of the defendants; but. otherwise. they should be present. And it was said that even ifs fine was to be imposed and the care was of a grors mature. the defendants should [pear in person, for the sake of example, and to pro’ ‘the like offences beimg committed by others; as the motorirty of their being enlied irreguiar mit the like. There rearons, also, only 8) the sentence is about to be executed. Chitt: -Orimipal Law, p 605: “ When Ce Oped pu is to be inflicted om the defendant, it is absolutely neces: sary that be should before the court at the | time of a rea: ons gives in he is committed to Sp wi ja it ‘onoe pronoa one and execution awarded him, which is subsequent- y countermamded, so that ho is not put to death at the opecified, and ‘of the ensuing term has elapsed, exceurion cannot afterwards be awerded without bring- : bee Sean eee oA (Ges, seccees 5 case, quoted. |. Hall in Lord Reym.. sodat. 700) ivi mew ay fe olergyable thet shall bo eked by the clerk if he Bas any mand of death should not be proneu: it is mate- vial that thie sppeer o the and its omiediow after fedament ia high treason, sufficient ground for the reverval of the attainder.”’ More 2¢5. “an anonymous core is given, where an et- tainder was reversed On secount ef thie omission in the record,” and thin good cemon te given for requiring it te be asked, thet “possibly hy might have don’ That advantage, aad ail others whieh the prisomer ould bave. consistently with the yop of the seutenee, he can have before the court whioh in to award oxcontion, even do vot Sepa before the higher sourt (Such, also, wae the ease Rex ws. Apike, 8 Balk. 368. Dhere the emission is called erroneous) Im 2 Hale's Pleas of the Crown, it issaid: Tf A be ao ted at Oyer and Terminer of felony. and the record be removed to the King's Beneh by certiorari, wnd ¢ risouer also be re- moved thither hy hates co pus, the court may give judg- ment after that conviction—but there must fret be o fillog of the record in the King’s Bench, and he wast be called to ray what hi why jndgment should not be give m ogainet Bim. thereupon judgment may be ‘prep. Bo in Bi iter Raleigh's case, U. J, 495, when the execution w for three yeara—he was afterwards brought into eourt sentenced. and oxe- cued Id the People ya Taylar, 8 Denio, 08; note A, the cowrt being a out to impose sentence the devendant's counsel Chjeeted that it coald vot be done im the defen- dant’s abeenos. The Court suid, in substance, that when | & corporeal puniah ment is to be inflicted, then * the rule fs that such 4 rentence abould mot bo imposed in his ab and Terminer ia | be h cannot be | i aded @ par’ | Dec 17—The following gentlemen were admitted to sotice as attorneys and counseliors.at-law:—Aroold | Harris Wagner, Esq , Clerk of the Supreme Court; Hear; | H. Rice. Erq. Clerk of the Superior Ceurt; Samuel | Brown, Erq . Olerk of the New York Common Pleas; and | Jefferrom Coddington, Ex | Court of General Sessions. | Before the Hom. F. B. Tiliou. Reoordsr, and Aldermen Tweed and Compton. am srguifent to rhow that, without his presence, the | rendered | gct of criminality between Barton and Mrs. Pugh, in ber d_ | ment of the affair, and Mr. Brady reed bis previous depo- pat ' | refused; and since the action was brought, he offered her eee, Se Saree inte court this day, ona beneh errant “ir AO. Hall. Assistant District Attorney, moved that bail be fixed. $500 would be sufficient. ane Cours fixed the bail at that sum. Who was his eounrel? Mr Deakin Batley, accompanying defendant, an- swered and in reply to the mace ype entered a plea of not guilty. They were ball It appeared that the man who tendered himself should be ht into eourt. alchough he waseut on bail. None of these eases have shown what the rule is | as security was porseser: considerable estate, (+aid to in the appellate court, and they all are consistent with | be $10.000 im Westchester county, and ocRer property im the idea that the defendant woull be New eo enly for a writ of error, and not for the Mr Hall objected. showed eonclusively that a Judgment void Chitty says, (Cr. law, 751,) thet while | judgment as entered on s recognizance was invalid out of ‘the writ of error is pending, “im cases of felomics, | the county. e Court thereupon refased the bail. the defendant must be im court upom all motions’ Counsel them asked permission for the prisoner to ge He. however. quotes ne authority for this. aid we fied | im charge of officer. which Mr. Hall also posed Is none. The practice ip our courts, im thic respect. seems | was ‘a custom more honored im the breae! in in the not to have beew uuifor Ip the care of Reetor, he was | observanee” and favored rich i fee Mieers, while eriminals were it to jail. The Court refused Assistant Distriet plication. and. on the motion of the jtormey, the defendant was committed, Court of Common Pleas—Part Second. Bofore Hon. Judge Daly. SUIT FOR DIVORCE ON ALLEGED GROUND OF ADULTRY. Dec. James Pugh vs, .dnn Pugh.—Tho plaintiff tn this case, who keeps a sailors’ boarding houre im Water street. mplaina his counsel Mesare Whitieg and Wheedon. that om the 6th of January, 1846, he was law- fally married to the defendant in the elty of New York, and that they lived together as husband and wifs from that time to the 8th of August, 1851. There is no issue cf the marriage, The plaintiff alleges that bis wife bas committed acts of adultry with several persons, end par- tleularly during the summer of 1849 with one Charles Costs. and oe ear 1850 and 1851 with one Leon- ard Barton; al thet during the months of July and A ofthe year 1851, she committed adultry at a Lap hed Mulberry street, with a person named John Rad! On the part of the defendant. Messrs. James T Brady and Cook, counsel for Mrs. Pugh, deny the allegations altogether. end cubmit that the pisiatiff and defend ant lived tegetber as man and wife up to August, 1851, to which bime the plaintiff never charged his wife with the adsiteries pow eomplained of. and that th rat eal gere) “er had of n Lag ten gard Lae token she was perved with the process this suit, while engaged as her domestic business. The defomdant. it is said of household farniture amounting to about ousand dollars at the time ef her marringe, and that the plaintiff had no property of his own; the de feadant furtber contends that since her marrisge. she has accumulated real and personal estate to the value of about $25 000, free and clear of all incumbrances, and that a ‘yery large proportion of it was acoumulated by her own industry, in devoting her whole time in carrying on the business of a boording house keeper; that the real estate is of the value of $15.000. amd some short time before this action wus commenced, the plaintiff asked his wife to sign ‘2 deed, which would beve comvayed away her interest it; she refased to execute the deed, and the plaimtiff re~ it “they would shortly be two,” but he y rounds. Itisalso contendsd that time before the action was commenced, the plaintiff offer- ed Mrs. Pugh $8000, and to pay her passage to way part of Europe if she would agree to ® separation, whionh she $1000 rot to def fared. the suit, which she also re- It appears that come of the parties with whom | the defendant was charged. were boarders in the house. ‘The first witness called was Albert Whitney, who de- pored that be reides at 107 Cherry streo: —Was employed by the plain‘iff at 244 Water street, several times; made bis home at James Pugh’s; knew mon named Bar'on, whore right name was John Barton; he was barkeepsr | for Pugh (Witness here deposed to his having seen an | room about ten o'clock A. M onthe lith June 1351.) | ower only t> review the | | | Te was standing in the ball, about seven feet from the decor, whieh was partly open; they werein bed; heard them speak; heard Mra. Pugh tay, * Don’t shut the door, so that we can see any oe who comes up ” The witness was crore examined as to his former atate- sitions, with a view to test. his credibility, Mary Carroll depored that rhe lived with the plaintiff id defendant for nearly three years at 344 Water street, and@ is living with Mr. Pugh tow; Leonard Barton was bis berkeeper; saw Mrs. Pugh and Garton in the bath room, at the back of the dining room. about five o’clock ove morning; Barton had on his drawers and a cap. and Mrs. Pugh bad on ber clothes; Mr. Pugh was then in the country; Mze Pugh hed avother girl to sleep with bh Mrs B. was standing up; they saw witness, and M Pugh went into her own roo d Barton went into Giming room; itis more than # year ago; said nothing te them about it; saw motbing elre but that onve; saw | Mrs. Pugh in Barton’s bed. on the first floor; saw B: ton take some diivk to her, but don’t know what it w. saw Barton booking her frock; Mrs. Pugh sent witness once to Barton for drink. Catherine Piynu deposed that she lived with the Pughs ‘Qs servant; she and Phoebe (Mr. Pugh’s niece) slept with Mra, P. during plaintiff's absence in Philadelphia when he went to Philadelphia to buy a horse: joke one mora- ing. about five o’clock, and tound that Pugh wasup in the bath roem; the next morning following she said ehe was not well; next morning raw her ip the bath room at five o'clock; she was in her mornig dress; the door was | Open, and Bartom was inside in the room, in his | shirt'sleeves; do net know how long she had been there; nerer said anything to her about it; saw nothing cise at any other time; went out with Mrs. Pugh and Phoede; | A CALIFORNIAN ABOUT TOWN—VALUE OF A WIFH— | mot Radican. end be and Mre P. went into » house in CURIOUS REVELATIONS—THE INDEPENDENT AND | Mulberry rtreet together; | get camdy; they went | THE “ KEGULAR” POLICE, Thomas Council, (who keeps an oyster stall opposite | two men bed been to him, ome of whom was « Californian, ana had been robbed of $150 two days ago; that was just to go after McManus, but he could not find cm) pt he (witness,) then told hin remees 3 Mitehel we ye only man to send; and M. was sitti: the back r |. Teading the paper; and witness introduced the old man to him; he called Mitchell out to do 80, and this was op the stoop; the two men went up stairs; one of them | lived at No.11 Washington street; did not recollect his name; witnere did not go up stairs; they had, beem up there before and Joseph them down to speak to witness. Q—Did you bear of any offer made of anything to be given? A—No Q.—Did penn gag any claim the Secvions house. and just under Joseph's office.) sworn— | filteen minutes; on retuining. ow the famil Went after officer Mitchel,; officer Jereph toid him that | bouse standing on the stoop: wentin; Mrs. P. said, “why i | dressed; wit himeelf in the Radican gave Phosbe money to {nto = room; the house was 89 Phoebe and witness were absent about of the ulberry etreet; didn’t you come in sooner!” She wi cbulr and Radioan on another, (laughter itting on ove his stand, in the afterneon ; officor Joseph told | berry etreet with Mrs Pugh on anvther occasion, and she remained talking to a man named Sweeny, in the ball, for an bour. Jamern Wallace depored that he lived at Pugh’s in Avgust. 1848; Coats was boarding there at the time, and slept with witness; Mrs. P. came their room one basing ness went down stairs. and finished dressing cellar; he then returned up stairs. ad found the bedroom deor shut; iostead of going in witness looked through a window, and saw Coats and Mrs. Pugh Inying on the bed. made? A—No—That is all I know. al it. On eress examination by Mr. Brady. witness sald he |, Zmanuel Joseph, (better known Porgy Joe,”’) | followed the sea for a living, and stays at Pugh’s when on | then called. He deposed. that on the day before y | shore. and peys for bis ; Never saw Barton since; day there was s man, named Patrick Lynch, came with | witness first told the transaction of 1848 last August was another man to my office,apd raid he hed fost $120 in | a year; told it to a man named Charles Brown. who ssid gold, and two iarge pieces of gold; the old gentleman | he told it to Pugh; witners never told it to any one else; (Mareball) raid it I go with he would give | Pugh bailed witness, two.weeks ago, when charged with me all the money, snd him the two lumps of geld; I | striking a man told him I could sot Thad other business to at | Most of the testimony is unfit for tend to, but I would get an officer; the old man insisted, but I enid I could not go; I keep an independent police and constable’s office—(isughter)—I looked for Mr. Mo- Monos, and could not find him; [ work on my own hook; M-:Manus is not an officer now but was one.and is eoquaint- ed with all; fopporition to the regular police im all the a I don't; I only get and the reward; I went seress Went out; Mitchell I never had any the man wanted an officer te go right Lynch went dowa town, andthe ecount im the papers; I never claimed any money; I said Mitchell was entitled to it, the old man «1 he would give the money to any off: uld go with im ; the old man was not very me I work the town ; | acquaintance with; away, and I coulda’t next morning I cut if anold man Lone maha t? on pect Q.—Ddid Witness—Yea you prepore to attack this pro if Thad done the business. Witness continued—Did not know Lynch before, but he gave his mame and number, whieh I took down Mr. Blant-—I understand you to sey that you sent for Mr. McManus, net being am officer, because he was nc- quainted with all of them. Dor’t you know that it is contrary to law for offiee® to reecive a fee or reward witheut the consent of his ir? A—Yes I know that; you m aD the Mayor Q.—How fer off were you, sh ward station? A— tir, from Just over the way, but I badn’t time to go there. Q— Your reply was that you locked for McManus? A —Yes; I thought it a pity some one would not go with him. (Lavghter.) Q—You don't think it your duty public officer, then, to arrest any one withoat being paid! 4 —Yee, I arrest any one. ‘The Reeorder—Do I understand you that you do not, when you know or hear that a frlony has been eommitted, go end arrest? A.—f could mot go at that time; I had other public business to attend to. Mr. Blunt—Do you keow Mr. Patterson? A.—Yos, Q.—De you not know he is detailed there? A.—Yer, Q.—Mr Btephens? A.—Yes Q—Mr. Smith? A —Yos. I know them ali, but I’ve not been in the police office for aix months, The Recorder — Did I understand you taken the whole? A.—Yes—that is, when he offered it CE Did you attach it?) A.—No, sir, I mever did such ry Q.—I understood you te say ba worked in opposition to the regular police? I always ht all public officers 00 operated? A—Yes, I believe 1 do oo-operate; bat they work in opporition to me all the time round here ere the "a indefatigable and worthy wife entered, elbowing her way in—though the respect and kindly feeling bed inepired made the almost unneoerrary, for all greeted her with welcome, even in by Pye sphere—and intreduced a gentle- man, who t the stand. and de) bis name was Boyle. attorney-atlew. He kne' risoner as | long as he could remember; he (the prisoner) was a car- | penter by trade; he was intimately acquainted with him, and his eharseter was uniformly geod. except that he would “ take adrop;”’ he would trust him with ali he «aver had; knew his rT and and had ont, fect end uanquslified confidence in him men- wed the names of ys he worked for. and, together | with the poor wife. to bring other witmesses; but | the court thought It.unnecessary, and The Recorder charged the jury, to the effeot that thers waa too mueh doubt as to the felonious intent, cou with the excellent charaster the prisoner had received. to warrant a conviction. Be made rome sti remarks in the course of his charge, as to the conduct and sytem of the officers, as exhibited in the evidence. and remarked that a min who eould #0 wildly offer ail the money to have another arrested, might ¢esily have banded it to tM allowed him to takeit. The fsets, however, were em. ‘The jory almost immediately returned » verdict of net git. and the prisoner was discharged with am sdmonl- The “lugs” and pieces of gold whish wore brought into court by Mr. Jobnston the propery, olerk, were, by order ot the Court, handed over to the Ualifornian. Grand Larceny. = Arthur Browne, barber, No. 5 Roove of 165 Bleventh and §1 in gold, off The ‘Tet December. Feoutor was living in s bavement, as above, aud the pri- roner wae in the habit of coming to see him. and that on the evening in question they had rome drink, as usual, one got into a reviite, and the einer dregged him to- wards bim; shortly afterwards he misred hie money. dames White, policeman, arrested defendant after: words, and found rewn in the lining of his vest, so that it was necewary to rip it out $81. some of the bills com: poring whiob som the proseoutor identified, Verdict. guilty; sentence, imprisonment in the State prion for two yearn. ¢ Samuel J. Proper—Committal ~The Gravd Jury, and a bill egatnet thix defendant, for grand lar. velit street, was charged with robbing Wiliam Bioughton Ei een CONE " ‘* = - 40d vale of court, It eeems the pro- Case having eeny, oo the complaint of Edwin Post, broker, Wal ‘ots, and said the rate hed | would have | | | et. al, o | erm Pennsylvania. a case stands adjourned to Monday (this) morning. at 10 o'clock, and is likely to oocupy the whole of the day. Seng The Superior Court, GENERAL TERM. ‘»Present—Chief Justice Uakley and Hon. Jadgos Duer, De Pe pe Themes Moleehole spondent. ee. 18.—Decisions.— re 8, James Muliward. eppellent —Motion for new trial denied, ~ judgment affirmed. with costs, ar on verdict, Jacod Harsen, respondent, vs. Theodore W. Bayard. lant —Order appealed from affirmed. with liberty to de. | fendent to aniwer in ten days, om payment of sosts, and on stipulating that the whole issues may be referred to a sole reteree, SPECIAL TERM Before Hon. Judge Duer. James Linden vs. Mary nn Graham.—Demurrer over- ruled. with costs. David Selden vs. Thomas Vermilyea. et al—The excep- tions of David Selden, Thomas Vermilyes, William 0. Noyes, and Richard H’ Ogden, allowed, aud rehearing or- dered upon the points exceptea to Before Hon Judge Bosworth Ames Tenney ve. Jeseph T. count be made more definite and certain, in ten }) Or be stricken out as irrelevant, &c. Law Lateliigence, Bvrnswe Count or tH Uni Pg #. al —The argument of this cause was eontinacd y Moser in error, and voneluded by Governor Seward fer the plain. tiff tm or: ‘Adjourned. John Aepden's Admini: Administrators, et. HM—No. 41. Matthias Aspden’ “ the Ctrouit Court of the United Atates fur East. peal from ‘The decree of the Circuit Court im rigs ge! Lae intiff server, Nichelas Longworth —' aun web atau ty Mr. Chase for the plaintiff im error, and sui printed argument, hy Mr. Stambery, for the eeree. The United States, eppellanse, ve, the dians ot al-—This cause was 4 General Crittenden for the opeetioneal ao printed jogger) Adjourn 0.15 —P. D. Vroom. Eeq., of mitted an attorney and counselier of No 21. The United States, chee Indians, et. al —This appeal from United atates for Louleians. wae Now. 22 and 28—D B Herman, plaintiff in error, vs James Phalen.—The causes were argued by Messrs. allen and 0. F. Johnston for the defendant in error. Ko, 24.—George Rundell et al.. plainyiffs in error, ve. The Delaware and Reviten Canal Company .— was ar- ony by Mr. Read for the defendant im bmit- ed on @ printed Co gad by Mesers, and Vroom for the plaintit error, Ai Dec 16 James W. Gerard, Jr . ‘ork ‘was admitted en attorney and counsellor of this No. 25. D. B Lawler, et al. plaintiff iw errer, ve J. H. and J Walker —Thin cause was ergued by Mr. Ohase for the Mrs ite in error, and submitted om printed arcu- ment in ‘tterasy id. on jersey, was ad- ‘ourt. ye. the Chstiman- Cireuit Court tham § Beothers.—The argument of me a. by Mr. Gillett for the plaintiffs in error.—Ad- ourmed. Deo. 17.—Richard J. Bowie, Bsq..of Maryland, and Piatt Smith, Feq , of lows, were admitted atiorneys and eounse| lors of this court. No 120. jamnel Packweod, plaintiff in error, vs. John L White et al On the motion of Mr. Crittenden, this wri of error to ‘eult court of the United States for Loa dicimissed with oosis, ander th Frivances or Nowra Carotrna. —The sum of i to the Trearury, from the &tst Octobor, 1860 ovember, 1851. war $286.144 79; and the sum for the your ending Ostober Sixt, 1852, wae $200 728 86—m eo the two past years. $061,688 67 ‘The rum tote o bureoments for the first year war $706 842 76; and for the laxt your, $249 254 46—leaving }alanee in of the Public Treasurer om the ist Nov,, 186 aurer int estimate of the y for the of the diebureem: mn a $414 71402, and the jeaving balonoe in favor of re- two fecal years, end arrgate receipte are erti Durremente at $46) 088 ovipts of $13,626 72. nd gat on the bed. when witnoss was half ve, John Brown,—Judgment for plainti? Robbing, ~-Order striking out tap count as irrelevant and redundant. and also that | D> BtaTes.—Decemesn | 18.—No. 11.—Jeseph Wiswall, plaintiff in error, os Eaward hilton and J A @ampbell for the defendants | ‘aters, al.—Ap- | & | eltement. of the submitte oe ‘Mesers. Taylor and Janin, fer the | re, Grosbeck, Box, and Walker, for the de | f f that the ican brig of Sete ‘eae herpes pee the to re on the jwante] ee Belangé. The Orden second reading, aud would soon be discussed ‘The advioes from Sonora confirms the news of a conflict between the men under Vount Raouseet and the troops under General Bianco in which the latter were defeated. ‘The landing of another expedition was feared at Gusya- mas, and the brig of war Sinaloa had been ordered to oruire off the port. A letter from Guadalsjara rays: “ Count Reourset has Prockanes the indevemdence of fonera and its annexe m to France, end bas defeated General Blaneo. The defeat wes mot a total rout, for want of military experi- ence. ‘The state of the revolution was mont unca! for the government. No conflict had taken place between ‘the troops of the federal government and those of Gene- ral Urags. except » slight rkirmish which took place with bout 100 cavalry which General Uraga sent to protect 00 it is said, toe desertion of his old brigade Some riaomers Or deverters were taken by them, and General ‘aldesz immediately fortified his camp. (eneral Uraga bas summoned bim to surrencer ‘A letter from Guadalajara says that had the foree been 200 instead of 100 men, and with orders to attack, the re- sult would have been the dispersion of the federal army. Gen. Valdez beid his fortified Poy aged sent an express tothe cspitel An effort was made te send him four Neoen Of artillery and some few men, but failed for want of money. The Orden says that the went back with news to Gen Valdes about as satiefactory as those he brought from him Desertion is eaid to be the omy movement in bis comp He has sent messengers to Gen. Uraga with propositions for an arrangement, but probably with the view only of obtaining delay until he could hear from the city of Mexico. A perusal of ali the advices leadw us to think that Gen, Urega did not attack the federal troops becwuse they were dissolving so rapidly he thought there would be no necessity of doing so. Gen. Urage was received at Guadalsjara with great re- Jolcings His forces are said to number between 8,000 and 4000 men, A conducta under his protection, with $600 600. from the merehants of the place, had been sent to Mavatian for goods, and several cargoes were ssid to be on the way up. ry | pgeep yee of the government says that “ the cor. rupting gold is ecuttered with prefusion by the insurgents among Our brave troepe, but without success.” Gem. Mixon has beew ordered up from the isthmus, and rent to the forces of the federal government. Gen. Meija hav adhered to the plan of Guadalajara at the hesd of 600 men. Cordova has pronounced in favor of the ramo. de. st Huatureco bes alto done so with 500 men. | The pronunciados of Aguas Vatientes took Calinoam and | captured 20 murkets and five pieces of artillery, It wos rumored that Guanejuato had joined the revolu- tiom. Ir ie aunounced that Munoz Ledo, the Governor of | thie Btate, was «bout to go to Kurope, | ‘The pronunciedns of Tamaulipas have adbered to the | plan of Guadelojara, A cunducia, with $1,200 000, had left the city of Mexico for Vera Oruz, | Whe Union, ‘of Vera Cruz rays that the public offices | will mecessaril | cannot rerve Without pay | Congress bad beem in session one month, end the only | thing they heve decided upon was to accuse ove of the | former ministers of treatonable abuse of power. This | bas paeeea the Chamber of Deputies, and is the sole mat. | ter completed, City or Mexico, Nov. 15, 1852. Our new Miulster, Judge Conkling, is here but he has not yet presented his crédentials. ‘The cause assigned is tbat bis uniform and official documents have not yet come from Vera Orvz. and will not be here for ten days The Judge is a fine looking old gentleman, and it is to be hoped that be will be of more use to our countrymen thaw our former Ministers. | — The Gardiner examiving committeeffeft on Thursday last for the Doctor’s famous mines. | — Sonora, you will aee, is being gi The government ean ¢o potbivg to prevent this disaster. Congrees bas passed an appropriation bill to the amount of $6: 0,000, to meet current expenses Trade here is a dead letter. Nobody trusts mobody, buys from nobocy. pays nobody. [From the N. O Delta, Deo. 9] ‘We have received files of papers from the city of Mexi- 00. our latest date being the 20th November, ‘The Orden. of the 20th, announces that the day before, Rebolle- by's majority of 46 to 31. the grand jury found cause to | prorecute the Minister of the Interior, D Muroos Espar- | za, for having irsued the order of the 28th of lat Mey, authorizing the agent of the English bondholders to take | away the two millions ands half of dollars without pay- ing duties fo the Chember of Deputies on the 18th, » resolution was passed, calling upon the Minister of Foreign Affairs for information in reistion to the origin of the alarming | accounts from Sonora. Frem Yueatan, the advices are tha’ Géneral La Vega | was compelled, by want of resources. to give up the com- mand in that penineula to D. Sebastian Liergo, before knowing that the government had accepted his resigna. tion. It is feared that new rebellions may soon be kin- | dled on aecount of the resignation of Gen. La Vega, who, | it seeme, was univerrally extermed and re:pected The Mexicans bave imported a bydraulic machine, from the United States, which they think much of. The Orden ry yu blishes proclamation from Reboiledo. Tt cails upon the citizens to unite im the cause of liberty, and anpibilate anarchy It euds with an appeal in favor of the hero of Tampico and Vera Cruz, the worthy and | Mustrious General D, Antonio Lopes de Santa Anna. Its ‘words are: A jajara, proved by all the extremi rester portion of the State of Mic! he State of Jalisco the porte of Mar pleo; the territory of Chi Sante Ap Tobeos a so many pr the worthy Ger pe Mon of Crus! arise from the igno wit le proposed by the Rebotledo plan, to call a Comgress is prope yy the " together; this Copgrere will be engaged in making all norestery reforms in constitution ef the republi tha view to the wai th shced geet perth poo -an 4 le it, as well im pesce ac in war. tisl men of all classes, are in rercuing the indepepdenee and nationality public. The military class and National Guerd are also called upon to partake im the movement Whoever pre- tente any formal opposition to this plan is threatened witb traitor's fate errible uproar in Sonora. News had and that blood bad been shed on both si¢es, According to one account, “General Blanco had left Hermorillo, at the head of 250 men. to meet the 250 Wrench, under Racuscet; a terrible conflict had taken place—one hun- dred French hed fallen on the field—and the Mexican troops had met with a small loss.” According to another acoount, “General Blanco had under bim 900 Mexicans, op bis ride 214 men—that General Blanco had lost se- | venty men and his artillery; and Reousset had lost eight killed ana four wounded.” The Siglo rays. that ax soon as it was known in Gusda- Isjara that General Bianco had been defeated, M. Yanez | ordered M Pedro Valdes, of Sinaloa, to goto his help with 3@0 men. among his best troops, snd rent the brig Sipalos to Gueymas. for the of preventing the landing of another expedition without. ‘The Kenate has approved the deci+ion of the Chamber of Deputies. which orizes the government to contract for a lean of six kindred dollars for the paci- fieation of the republic. Tt is raid that the Minister of Foreign Affairs had at- tempted to unite the three Mexicans companies into one, be of the Isthmus of Tehusntepeo—thal | Mi jarcia and Bellange egreed to it; but that M. | Riva Palacio opposed it in the name of the Guamsjusto | Company. M. Yaves has since transmitted ail the papers which was to decide on the matter. | float that a eorreepondence had ar | rived from Paris to the Mexican government, in relation to the Lafont difficulty, It iseaid that the Freneh gov- ernment insists upon release of Lafont. | [From the New Orleans Bee } By an arrival from Vera Cruz, we have received files of Mexican papers to the 1¢th inst , imolusive. They oon- tain but idttle intelligence of interest. The situation of Tepublic has in 10 wise changed. Perturbation, ex- Gieomtent, and sivil commotion, are the order The government reems helpless and im; Detter classes appear te view the cxineg aifalre with profound indiffe ‘A party of them surprised reveral ranchor at, killed several persons, and carried off a young men. and a large stock of eattie. Such revolution fa, Mortlls is in fall progress, hough revolution in Moi in fall progress, thoug! the tengo ‘are by mo means agreed among themeelves | the tthe with Cover igh nen dlopoleed, with s Siew to 0 Sth, wi | men, avoid the Indians, who were tn bot yarsuit of him. Phere had been some fighting in Morelia, and both parties question {s not yet settied. The ir Sloo's proposition—the Monitor is in submitted by Senor Garcia. of the Interior had been very sick, but ‘at the last aecount pasred the Senate. ordering an immediate ? retary throughout the republic. The various tions relative te the Tehuantepec reed are ordered to be published. | or Wo contracts loam of sixteen thousand dol- Darsravotive Fire in Frawxrort, Ky. from the Frankfort Yeoman, of yesterday, vhat Wo glean dreadft | fre oe in that clty om Monday morning about two evel It comm im the two story building on | Main eireet. owned by Thomas N. Lindsey, Keq., and 0o- cupied by Mr. E. L Si el as A grocery 1d soon extended to Dr Crucher’s three story bailding adjoin { ing, om the corner of nd ‘Ann streats, and the dwelling house. on Ann street, belonging to Mr. Ferry, of Misrourl, occupied by Mrs, Kendie— al) of which were entirely consumed. They weae all sub- etantial brick buildts That of Dr. Crutcher was ovca- pied io part by if as @ drug store, a part by J. P O'Vera ae # leather store, aud the third story by Ph | Lodge. 1.0.0 F. Thomas N. Lindsey’s building, value | $8 800, ineured $1500, Dr, Oratcher’s building, value $5 000, inrurance $2,000 His stock was mostiy mved. and was inrured at one thousand five handred dolla Ferry’s bulidis le one thousand | Insured one thoteand dollars, EL | value four thourend five hundred dot | thourand dollars O'Hara's lors about one hundred dol- | Jere. no insursnce — jcenix Lodge lost everything, bot are ful:y insured in four hundred dollars. Total lors, twelve thourand five hundred dollars, Several other | buildings were slightly damaged --Lowirville Democrat, | Dec 18. clove toon for want of money, Officers | bed up by the French. | 800 Indians and seven pieces of artillery—thet Raousset, | urderous incursions ef the Indian | The Benate has authorized the | THE SOUTHERN COMMERCIAL MOVEMENT, THE GREAT CONVENFION IN BALTIMORE, Appeal to the Merchants of the South, South- west, and Weat, Manifesto Against the North, de., ee. Me. The Great Commercial Convention mot in Balti- more at half past eleven o’clock on Saturday mora- ing. There were » large number of Congressmen present, among whom were noticed Mossrs Brecken- ridge, Stanton, Preston, and Underwood, of Kon- tucky; Senator Jones, and F. P. Stanton, of Ten- nessee; Senators Dawson, Clemens, Downs, Pratt, &o. The Convention was called to erder by John C. Brune, Chairman of the Board of Trade. J. F. Pickerell was appointed temporary Secretary. Am addrees of weloome to strangers was read by Brantz Mayer. It is annexed:— ADDRESS. FELLOW-CITIZENS OF THE SOUTH, SOUTHWEST, AND WEST. We have invited you to meet us, in the city of Baltimore, in order to consider questions ef interest to the sections of country whence you come, as well as te eurselves. It is our duty, as well as our Borers, to seize the earliest moment te thank you r the alacrity and good will with which you have #0 cordially responded to our call. Gentlemen, we have summoned you here to-day to lay, with proper services, and to coment with hearty teeling, the corner-stone of » great National Exchange ‘any circumstances have lately com- bined to direct public notice towards the city of Baltimore as the most suitable mart for the produo- tions in which your parts of the Union are so deeply concerned. hen the census of 1850 was first ublisbed, and it wasteen that the population of jaltimore had augmented in a larger proportion within the proceding ten yoarsthan that of any | other Atiantic city, amen asked themselves the | question why this had occurred, and found no solu- | tom eave in the facts that there wi realous stir | of enterprizing activity among our people, fostered by the hopeful prospect of future progress, that our internal improvements,were tending to develops a region fraught wath woalth, not only to our State, | but to other sections, aud that Baltimore, in truth, war the original und natural terminus of our gr ip'e nal trade, indicated by Nature herself in geoxraphy of our country Auc is not tbis true? It will be allowed by every | one who recails the histery of colonial aad revolu- tionary times, and remembers that Baltimoro- Town, | im those days, wax the spot whence the adventurer avd the soldier set forth, wonding their way west- ward, by Fort Cumberland, until they penetrated that wilderness which has been subdued and civilized by the courageous enterprise of your hardy ancestors It was from Baltimore lown, then | already a place of significance, at the head of the | finest inland navigation in the world, that the pio- neer and crader sallied forth with their trains of peck-horses, to besr their luxuries and necessaries into the wilderness, in ordor to exchange them for | the peltries which were, at that time, almest the | only ‘circulating medium” of the region Mary- | land, lying bke & wedge between Pennsylvania and Virginia, und having in its centre another wedge, in its magnificent bay and river, whose aflluents eo its porthweaternmost corner, afforded 1s a8 a channel of trade for passing | the pountains and reaching the navigabls waters of | the Ohio ; und thus our Scate became tho chief line of American travel, and our city tho chief depot between the shores of the Atlantic and the vallies | beyond the Alleghany range. Baltimore, there- fore, is fairly to be regarded as the natural and earliest Distorical friend and commercial ally of the West. It wasso inthe days when Washington and Braddock pursued the line of travel I have indi- cated; and in periods when the common interests andocmmon sense of men pointed out a trail for trade, independently of ail extraneous influences. Bat, fiaanen it isnot to be denied that al- though Baltimore. very soon sfter the adoption of the conttitution of the United States, was acknow- ledges to be the great flour and tobacco mart of the country, a8 wellas, perbaps, the best marke: for provitions—she stili, in time, found that her com- merce diminished, while that of other sections, which apparently were not entitled to such adv: teges, became proportionably enlarged This may \ be attributed to three cause e opening of the | navigation of the Mississippi, which gave ius mouth as a vent for internal commerce; the intreduction of stvom on that river and its tributarios as the motive power for trade and travel; and the construction of the Erie canal, backed by the masterly system of internal improvements of New York, whieh has tapped the lakes and weetern waters, developed ite own immense interior resources, and poured the wealth of the northwest into the lap of its thriving metropolis. Thas, the old trade, which, in earlier days, concentrated at Pittsburg or Wheeling, and pursued its slow journey over the mountains in the Conestoga wagon: hich were the successors of “pack-horse carravans”—was gradually absorbed ae taken away by the ingenuity of an opulent tiv But you are aware, gentlemen, that Baltimore Was no loggard in seising the meant of re-assortin; her natural sepremacy in the internal commerce o} North America. We perceived the cause, and we endeavored to apply the remedy. Wo saw that art, skill, and capital, had striven to overcome nature and distanee, and we resolved to make the same Cag of success restore nature to her original rights . Accordingly, about a quarter of a century ago, many of our opulent ana valeceing. altiseus ae: termined to make that gigantic internal improve went, which. on the first day of Meer he 1 is to signalize the opening of a now year wedding the Obio and the Chesapeake, and securing an un- interrupted intercourre, which shall place the West- ern citizen and his valuable produce on the Atlantic coast within filteen hours. This great work has been long deiayed. There ‘Were wapy reasons. It was the pioneer railway of the Union, as Baltimore had been the pioneer port | in Wertern intercourse. The art of construction had risen from mere speculation to a seience during the period of its building; and, hesides, we had to encounter manifold impediments and finaneial dit- ficulties, all of which it would be idle to recount. Nevertheless, so confident were we of the worth of our enterprise, that we have not suffered ourselves to be daunted by any obstacles. We have mined our way through mountains, and we have taxed ourselves heavily, both as Baltimoreans and Mary- landers, uvtil, with the true labor of resolved faith, succeeded in completing the enormous task. It is under such circumstances, fellow-eitizons of the South and West, that we ask you to come hither and tell us that our judgment was right—that our opinion of the chaunel of trede was correct—and that we have not labored in vain for the friendship of those sections to which nature had originally allied us, and to which art has ones more happily restored us after so many years of unnaturai cs- trargement. Bat, gentlemen, while, in Baltimore, we have been striving to make this work, by the expendi- ture of private and public means, other cities have not hesitated to attempt outgeneraling us in our ef- fore to regain your favor. Boston, York, Philadelphia, have all striv the whole, or, at least, to gain a conti part, of the wealth that your industry produces. Yet in this in- stanee, all their art—a!l their ingenuity—oould not | effect two results, without which their attempts | must be unavailing They could not destroy the | geogrephicel facts that Baltimore was net enly the patural channel of trade, but that it was, also, the central point of the seaboard Union, in instantane- | Ous intercourse with the national capital, and that | ite railway is the shortest, directest, and most eco- nomical communication between the Ohio and the | fem. In order to illustrate our position, let mo sak you to leok, when you have time, at any skeleton map of the United States, on which the great lines of rail boat down. You will instan' | that while Boston, New York, and Phi stretch out their iron arms with longing towards | the West, every grasp aon make drage your produce over # longer road, , of course, at s higher | cost than we shall, after the first of January, 1853. Nor is this all While secking to communica with the Ohio, we have not been unminéfal that there were northern streamsand lakes which might contribute to Baltimore’s prosperity, and afford | many articles of value to our Southern friends. | And, aecording! re hastened to thread,the valley ofthe 8: anne, with s road approaching completion, wi uniting with the Erie railway in the Stat New York, will place the lake, at Dunkirk, thi be Pay miles nosrer to Baltimore than to New York city by the prosent channel of inter- course. Nay—you will observe something more, by the inspection of such # map. You will find that, geography having made Baltimore the great, natural, central entrepot of the Union, on tide- ter—the great receptable of internal produce and foreign dirtribution—we have gradually eom- pleted or projected # connected system of railways, steam communication, oxnals, and vessels, diverg: ing northesstwardly, to Philadelphia, New York, Boston and the New England States generally; northerly. through the valley of the Susquehanna into the hearts of Pennsylvania and New York; westwardly, by the Patapsco and Potomac vallies. throngh Virginia te the Ohio, in the direction of Bt. Louie; sonthwestwardly. to Wiachester, Wash- ington aud Richmond; sonthwardly by steamers and rail to Portsmouth, Weldon, Wilmington, and, thortly, to Charleston; southwardly Yo by | steamer direct to the les named port, and finally eastward, to the eocan, by lines of oom mumi- th Indies, the Bpauish tain, Ni Onieanss ie C7 1o at ow Bavannah, Mobile, the British Northern Posses- sions, New England, both eoasts of South Ameri- ea, and the golden shoresof California This mep will snow you, them, that all these vari- i at me, a pore ty and foreign, converge at city the great central a: a trade wheee siroum- ene uld touch and gatherthe produce of every jon. Securing, therefore, our matursl and geographical right to alarge share of the ro ep cn vallies whieh drain the Western slepes of Virginia Pe lvania, the Stats of Keatucky, Ohie, Tenmes- see, Missouri, Dlinois, ond indiana— , more- g over, a elose intereourse with the broad lakes aad pe hada ig borders, through the valley of the Sus- tures and its best market for you. Tho answer, wo think, is ready, in the colessy fortunes already realised from Geathern by enterprising Eastern and Nerthern men whea: the sagacity to detect this fact, and came hitherté il eompulso; destiny, no r content thomsclvis by dimini: their fits in the loss of commissions, but abandon opulent agents, ond establich, in that metropolis, commercial houses directly and originally eoncern- ed in manufacturers. Gradually, their progress will be further southward, until, reasehing owr or as the true eentre of-national comm: find that Baltim the vest market @™ which the varied products ef th ati the factory can meet for profitable intershange. Baltimore is nearest the north, nearest the south, nearest the west—so central, in fue, as to be mear- est all. It is the nearest the manufacturer of the north—the tp idnang of the south and west—the of and speculator of Europe, e te These inducem ture trade, mit be suffietent te surn your kind at- tention to Baltimore as ‘ket, but there are other views and intereste we must not noglee’ to touch on briefly Our city, gentlemen, is already one of the largest commercial porta of the Union Our State is a small ome, but iia people aro imdustrious, thrifty and energetic. We are biersed by » genial, health- ful climate, and, while owr lawa are just in their habe among ourselves, they are not umfavora- ble to the personal welfare of t) sojourn among us I bavew y nosieed the sur- sree decicnuial svgmentarion of oar numbers. aryland, sccording!y. posseseu within herself the material elements of wealth, adequate to build up a great capita), and assure the commercial safety and supply ef al) who deal wita her. The manufactares of Maryiaod, in every branch of inéustry, must thrive, increase aod prevail. geological features of our section are peculiarly fa- vorable to factor The tide-wacer of the Cnesa- peake washes the eastern base of that formation which runs patallel with the Atlantis coast, while abundant streams from that elevated ridge tate themselves in & succorsion of falls to the riv from an elevation geverally amounting to about feot, within a distance around Baltimore com, in @ radius of twenty-five miles. It haw been caleu- lated that witbin ten miles of the city there is water power sufficient for near half e million of spindles, a large portion of which is still unapplied to any kind of manufacture It water is abundant, eoal and iron are not less d region is known throughout the best ‘evaporative mate- uwicous col, hitherto discovor+ nal,” in its sem: ed; and the cap’ rasping those favor and navigation. Hard vy these mines, iromis stacked up in meunteins, awaiting the develope- ment of time and industry; while, by railway the Susquehanna caval, anthracite eoal is brought from a region which Pounsyivania has been slack in opening Now, who does net know what powerful clensnts of England’s wealth ber coal aud irom have been t— but ihere are multitudes who do nes know that from the abandoned furpances of old revo. days, in our State —whove ruiws may still be t: —that very England was plied, te some extent, with “ pig iron which was tm bigh repute !”” Nor_are our agricoliural resources to be forgot- ten. of 1850 disptays a tooming list of Flour, cern, tobaceo, and stock, ntly om our fertile levels, long age Amore one of the oest provision mar- a. The facilivy of solling here mas caused the it and the udjscent South to select our warkes, even at @ time when wagons and horses performed the work of cars and steam. The conse- quence bas been that the British West Indies are tow almost exclusively supplied with from our merchants, and that » trade is menting with the eontinent ef Europe—with’cs: trade England—with the Spanish Main and islan{ —and with both coasts ef North and South Am Tica. But grain and provisions do net alone absorb th gteat bulk of our commerce. Our tradi staple isthe faverite lvxnry tobacee. Leng bi fore revolutionary times—lyng, even, before on city opened and developed a trade with the west— Baltimore and the towns along our Maryland water courses were the cent. os and marts of the American tabacco trade A! preelous curreney, paper ss acireulating medium, it was still the fa- mniiar engraving of this leaf chs; authenticated “a note” to the peop! In spite of all competition, accordingly, we have hitherto been enabled te maintain our commercial supremacy in this arti- cle; and, as our road and ita western continuations penetrate farther and farther the heart of those new lands ,whieh are favorable to its planting, we mean, by the facilicies afforded, and the eonecatra- tion ef operations, to consolidate the monopoly ia thi board market. Hvavy articles, like flour tobaece, di d for expert, seck Dearest, and pest eomveyanee tothe sea; Baltimore must, therefore. continue to maintain its high commercial character in thore [pecieg | as wei] as provisions generally, by the facilities will over afford te the best preduc:rs. Buch, gentiemen, were some of the eloments of our own domestic trade, withim our neighborhos even bef © entire opening ef eur great in! improvement; yet I should not forget te enumerate h the preducts quantities at the West aste absorbs large ree tion tonnage, and teinay the foundation ot distinguish- ed private fortunes Nor should neglest to mention our industrial establishments, our machine si our ship building, our Juxertous stores, @ied every article of comfort, elegance, taste, or ness! sity—all pledged te respond te your wants as rei’ dily and chesply as the dealers of aay other maria! in the country I have a; oken hat at large of our demesti trade, let me now briefly advert to our foreigt When a domestic trade concentrates at a depot tide water, foreign trade must foillew as @ na consequence. Accordingly, Baltimore, except im seasous of | aae dieas:er or ware, has never beem without a liberal commeree England rg hn purchaser of our provisions and luxuries many and France nearly monopolise our bso and, carrying the artivsle om better terms im the’ own vessels, they send them out laden with emi- eel ip fo ghee pay re roe uth and West. and te ou; @ large portion of ne- Thus. indirectly, we are im) 1s, moreover, oxten- sive with the West Indice and the Southern eonti- nent; with the British possessions of Nerth Ameri- os, acd with our own eastern Atlantic coast, whenes 8 larger trade has been opened in goods sent hither to be acld on eom: 8 Nor have we only the ability to sell and send abroad what yourond us, end, in return to supply you with the neeeesaries and luxuries you may re- quire, but we may also offer you the prospects of fitable intercourse with a city which is Simancial- very just facili of honerabig averse to chicanery and ¢rart—free from the menis. of speculation in property or stock—and sustained: by ample Capita) and banks of umblemished repute We have heard it Ingo is not » seaport! But ti seaport is not made salon ocean. Baltimore on tide twelve hours steaming safer for lying in the em magnificent vay, where may be entrusted to her, our unaided citizens proved in the Ins: war, th the expoeed margin of an ocean. The great of nations are not nenentenlly plecod on & seaboard. It was not the mere ses facility that made theas EC or before the days ofsteam Their soocssi- bility to aud from the ocown is the important thing. Great oities should, like Baltimore, rather be placed near the commercial eentres of productive countries, where the various ls of Innor and climate cay most conveniently meet for exchavge. Paris, Lom don, Vienna, Antwerp, Amsterdam, Bremen, Ham burg, are not on the sea, though ail are great oapk tale, grees centres of trade, and conduct their bask ness obiefly by sea, while one of them is the fimancial centre of the continent of Europe. emen, as we have shown you why we thin} both nature ard art bave made Baltimore the ma. tional point of je for ail sections—thus demon. strating its advantageous porition for domestie com- merce—we trust you have aleo sean just eause te rely on our foreign trade, augmented in proportion to our targuine anticipations of your favor The tie of the West to us is unqaestionably nata- ral, historical, and actual; our productions are.alko I 1 i