The New York Herald Newspaper, December 20, 1852, Page 11

| a _________{ ZEB LAW COURTS. OPINION OF JUDGE MITCHELL ON THE LEGAL QUES: TIONS ARISING IN THE CASES OF CLARK AND BUL- LIvaM. Tha People ve. Clark, The People vs. Sulliven—Judge Mitoheil—The privomers im both these sases were tried at the @yer and Terminer, avd found guilty ef mardcr. ‘The Juege who presided at the trial ebarged the jury as to of the statute Setning Oe: ‘the heir counsel exeepted to charge, and was brought te this court. This court i 4 ed in the preceding March, « writ of error was brought revise aie lennon ‘md the Court of Appeals Reversed ur judgment and affirmed that ef tne yer and ‘Terminer. Daring el this time thi have re- mained See. execpt when Oe becm brought before the Oyer or Terminer, or Court. They are mow brought up before us pursuant to sections 23 and 24 of 2 R. B .659, the Distriet Attorney insissimg that the sentence Temaing im full force, and that no legal ‘veasons of the and arraut fer the execution. counsel, insist, in opposition te erder of this Court, granting new . and assign various reasons all in- show that the Court of App-als had not gs'a-d when their decision was made, exteution, this Court, by virtue of the higher and as we would have been bedience by the Oyer amd Terminer to the judgment of thir Qourt, while it remained unre- Versed, se are we bound to receive the judgment ef the higher Oourt. and even to carry its decrees into exec tion. whem that Court has decided within ite jurisdiction, whatever may be our individual opiniems But the ques- ton whether the Court of Appeais had jurisdictio eperly argued before us. It may be itted te Court, and especially (im the words of | if . 3 Shane yagnt before it, was mever brought before thet court; and so that court did not ~ decide upon its own jurisdiction in that respect.” The question, therefore, vemaims opem. Certainly there are oases in which it would de our plaim duty to pars om rush a question; and if, many case. we should not hesitate to fulfil that duty, it would be when the law directs us to arcertaim whether the sentence of death against two individuals still “stapes in full force,” aud whether any “legal rea- fone exist against the execution of such semcence ” If the act of Merch 2%, 1852, giving the Oonrt of Appeals jurisdiction in such # case, had mo been wed, . acesrding to ite decision in the copie vs Corving (2 Comst. 9), it would have had no jurisdiction, and ite decision would conse rf been of no aathority avd it would have be: thie court mot to carry out its dveiriem bo ma however ons proferoud re exemiustion of thet case, it had recuiled hat decision, it had the power todo +e; but if there were vidence that it had re-examioes it, or pro- om the question of 11¢ jurisdiction again, e would be tat that question had been court had indircotly jecision. made directly om che point, ‘The Bupreme Court of the United States ts, where tt hes jurisdiction. as much above the Court of Appeals as that oust ts above thin; yet if the writ of error had issued since the act of 1862. trom the Umied S:ates Court to this court, and the United Siates Court had pronounced the rame judgment that the Court ot Appesis has, this court would have no right to obey it, as the Supreme Oourt cam issue its writ of error only in certain cases, and then * to the bighest court of law or equity of the Brate in whieh the decision is made.” apa not to any but the highest court Ner weuld that, the bigheat trivunsl of the country disspprove of sueh a course In ths case of Davie against Parkard, that court decided that the yudg- | ment ef the Court for the Correction of Errors was er- | romeous. avd eontended that the judgment of the Court fer the Correction of Errors in this State be reversed, 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. ‘The U. rove evaded conforming ita judg’ anpouneing. im’ its judgeen:. the opinion of Btatee Court. and then declaring that the Court of Er- rers bad ne jurisdiction to reverse a decision ef our Su: eme Court for an errcr in fact, and therefore quashe: e writ of error which it had iesued and thus, in haga | left the erronecus judgment of the Supreme Court in full | force The United Siates Court, recognizing the princi. | . Ple that the court of dernier resort in the State, could | conclusively judge of ite ewn jurisdiction, yielded to its © decision. and sfirmed this leet’ judgment of the Uourt of Errers By this docision of tne aighest court of our | Btate. if decision were meeded on that int, there are | eases where tt has no juri-diction, and that decision is | afiirmed by the highest tribunal in the Union To the | same effect is the decision of the Vourt of Appeals in Oauiey vs Arpinwall (2 Comst 548.) when that cout | Vacated its own judgment of reversal, because One mom- ber of the court bad sat at the argument, who, by law, bad ne right t» sit thereon acosunt of being distantiy related to ome of the parties, although the counsel who mcved (o vacate the judgment had requested him to sit. It te admitted amd proved that the prisoners were at no tim before the Court of Appeals. and the reeord shows | that they sppeared there by their counsel. The judg- | ment of hat court is, that the judgment ef the Supreme Court he reversed. and that of the Uyer and Terminer in | all things affirmed, and that the record be remitted te the Bupreme Court, im order that this court may direct the sentemce of deaih to beexecu'ed The cases state, most decidedly, that no corpo-esl punishment can be lawfully awarded by the court in the abeonee of the pri- i soner, Whether they mean that the judgment awarded fm his absence would be erroneous merely. or without jurisdiction, is a neturalquertion In Lofft. 400. the ‘court was informed that the crown was inclined to mercy, | and was desired to discharge the prisouer on some cor- punishment, as he was too poor to pay a fine. | said “ they could net award corporeal punishment nm me Shiai, tenpcene: pine ich ome seals: The rake, agaisst Harris and the court was called on to pronounce judgment in the sbsence of the party, after he was outlawed. In Holt +4 309. © J. Holt is reported to have ssid—“Sir Sam stny tells me there never was a writ to the sberiff te ) take up any men that was at large, and to put himin the . Therefore, I think we cannot give any such Fetguant im the absence of the party, which cannot be | executed fhe be in court we deliver him to the mar- ebal, and an entry is on the roll that the marshal do ox eoution periculo incumbente. And if we were to send him inte Somersetshire. there is to be a writ of assistance to the sheriff; but if be came from Newgate hither, then if be be remanded. there goes indeed a writ to the sheriff, but then censiat de persona.” ‘The difficulties here stated are, that there was no writ known after judgment, to bring up the prisoner before the officer who was te exe- cute the judgment, and that it such a writ issued (it mot brivy ing the party into cov: but before the officer only} ¢ person taken wou'i bave no opportunity to show that he was not the one «ho, by the judgment, was to be punished. These objec! ons would not exist inan sppeliate court, which was nto cause the sentence to be exeouted. but to devoi’ that bis oy on jeageratneden C. 3. Bo x y Wii ed knew sa agment fore corporeal pun» eat unl party wore Prevent. except in the case or 1:4, Buckridge, which irreguiar.” Im the ease of juke, he said— Judgment cannot be given against any \ 10 in his absence, fora cor- ent Hemi. 6+ present when it is done, if ® man was outlawed for ‘-lony, execution was never awarded against th: on ti) scought tothe bar There is mo precedent of amy such © try ; for if we give judg- mem that be should be pur» the paber. tf ight be demended, when; and the «wer woald be, waen they was 8 writ to take a man is not like to @ cepies pre © court to Rey, the money. «fini though absent. if he \ undertake for the fine.’ ame effee: in Lord Reyin, 7, 1 Balk, 400, ner, 684; Combrobaek, 447 and 12; More, 156. and section 2, Hawk. pi er. ch 48 and 17, and Barbour's Criminal Law. The difficulties here stated are of # like choracter to those before moticed, ‘and de not apply to a court which is not toawsrd the ex- ecution. but is merely to order another court to award it. | In 1 Salk 566 Queen va, Templeman, it was agein said that when a man is to reovive any corporeal punishment, judgment cannot be given againat him in his absences; for there is no take « man sed put himinthe ry. In Rex ve Hann end Price (8 Burr, 1786,) it was agreed that if fine only was to be imposed, it was im the Giscretion of the court to give judgment in the absenos of the defer ; but. otherwise. they should be present. And it was said that even if s fine was to be imposed and | the care was of agrors nature. the defendants pear in person, for the sake of example, and to prevent the like offences beimg committed by at the @otorivty of their being enlied up to answer criminally fcr such offences would very mueh @onduce to deter others from venturing to ce: ) mit the like. There reatons, also, only apply wh the sentence is about to be executed. Chitty says im hie ‘Orimipal Lew, p. 695: “When 827 fe to be inflict S the det: 4 catch him And there b+: ‘end put him in ¢he pillory fim. which is to bring him A defendant may rubmit base clerk in court that ven to th i” Ys | ry, oven | fm olergyable. shall bo acked by the clerk if he baa judgment of death should not be pronoun: it is mate- treason, will:bs a sufficient ground for the reverval of the attainder.” [a 3 More 26. “an snonymons cane f given. where an et- tainder was reversed om secount ef thie omission in the record,” and thie good zemon ia given for reqalring it te ‘be asked, thet “possibly by might have ie ee | don That advantage, and ail others which the prisoner could have. consistently with the ity of the sentenoe, be ave before the court which ix toaward oxcoution, before the higher eourt (Such, 5 Rex ws. Apike, 8 Balk. 366. There the emission is called erroneous) In 2 Hale's Pleas of the Crown, it iasnid: If A be convicted at Oyer and Terminer of felony. and the record be removed to the King’s Beneh by cerworari, und the prisoner also be te: | moved thither by Aalece co pus, the court may give jadg- ment after that conviction—but there must firet be o fillog of the record in the King's Bench, and be wnst be called tosay what heesn why jndgment should not bs giv) ogainet him, and therevpon judgment may be ®iven.” 80 im Bir Walter Raleigh's case, U. J, 495, when the execution wan raspeaded for three yeara—he war afierwards brought into eourt sentenced. and oxe- owed Id the People ve Taylor, 8 Denio, 98; note A, the court being aout to impors rentenor the de/endant’s Lobjected that it could not be jm the defen- dant’s abeence, The Court suid, in substi ‘8 corporeal punishment Ip to be inflicted, is that such 9 rentenoe should not bo imposed in bis eb ; lived at No. 11 Was es mal | with the poor wife | the officers, as exbibite ‘that the In the Pi ve. fon (12 aleo pays. “the rule is, thet thment is to be inflicted om the nit of error, and not for the Chitty says. (Cr. law, 751,) that while the erit of error is > “im cases of felonies, the defendant must be im court upom all motions He, however. quotes ne authority for this. aud we find none. The practice ip our opurts, im thix respect. seems not to have beew uuiform [p the caro of Reetor, he was brought tate court, and ro many eases, others the heh eet ber been without the presenee of the prisoner, Ifthe final judgment were in his favor of courte he would mot ebject. and if the judgment ef the court below were sgainst him. and that were affirmed on bis writ of error could not object The enses in which the courte bave proceeded witneut the presence of the priconer are sufficiently numerous to lead to the com- clusion that the presence of the prisoner im the higher court was not exrent al to its jurisviction, even if his ab- sence woula make the formulary erroneous And when the highest eonrt of the State gives a judgment which makes veid an erder for s new trial,and specially and corefully erdere the sentence ot death to be od, it ean barcly be sup that it wae done without that court comeidering of rs = prisoners. Toebtatm jarisdiction over the the Person, merally necessary only to have prosess served on any, im due forse ot law giving him such netice of waction as the Cael hd as an equivalent to g him into evurt t was done im tbis case, img & copy of the writ of error onthe prisoner. In other cases. expeciaily tm inferior courts, a special sta- tute has sometimes prevented their obtaining jurisdiction unless the party were actually before the court, Suck Bigele . Stearvs 19 J. R., 39. Inother cases it n ve. 165 R141, and many others, And it may be that the express statutory provision (2 RB S. 736 and 18) that “mo person ivdieted for any felony oun be tried ‘uviess be be personal); resent durimg such trial,” would make void atrial whem the person indicted was mot present, But the trial there intemded is that whieh fe properly onlled the trial, nemely—that before the jury, - the rest of the title containing that section tends to OW. It is alro true thet at eommon law the defendant could nct 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 ageism does not apply te the eppelate eourt; there. it is Delieved. counsel could alwsys argue for the aceused. Undoubtedly. the presence of the accused may be of | great service to suggest to counsel even arguments of law. for relf interest often excites an acutencss of perception | in the elient which the learning of the counsel may have fatled to exhibit. That iss fsir argomemt why the prisoner Fhould be preset. even in those cases, but not au arguifent to rhow that. without his presence, the | appela'e eourt is without jurisdiction The statute authorising the writ of error on behalf of the people was pasved March 42 1852, 4 motion was made in the Court of Appeals to dismiss the writ, on the groaud that by the record, as made up for that court. the judg- | ment of this cour: purported to have been given in the Webruary preceding; but it sppeared that, al- though ‘the argum-nt was in the February’ pre- ceding, yet. in fect the ju¢gmext was rendered in May, 1862 amd that oourt denied the motion That declion binds us to regerathe writ as applicable to this case It was aleo argued that the set of Marck 22, 1869. gave the Court of Appeals power only to review the judgment of the Supreme Court. and not to reverse or mcoty it; and it was argued that the appellate eourt, therefore only bad power to review the judgment and state what the law was. end that on the new trial the law thus snvouneed should be declared and acted on. But that cour: baa prasticsily gives a different construction to this act by «pecially direeting that the judgment of this court be reversed, amd that of the Oyer and Termi- ner ip al thipgssffirmed sud thet the record be remit- im order that thir court mey direot eo of a to be executed.” Not in this place, bus to ex-oute the law a by the eourt of last resort As when we reversed jgment of the Oyer and Terminer it with the provinee of the jury by np whether in fuct the prisoners were Ity or | #0 now we will not depart from our proper sphere by ex- | preating in this plac the decision of the higber court. it, and we do so ADMISSIONS TO THE BAR Dic 17—The following gentlemen were admitted to | Preotice as attorneys and counseliors.at law:—Arnold Harris Wogner, Ex H. Rice Eq On Brown, Erq .¢ ny opinion as to the correctness of It is our duty to obey Court of Genern] Sessions. Before the Hon. F. BR. Tiliou, Reoorder, and Aldermen Tweed and Compton A CALIFORNIAN ABOUT TOWN— VALUE OF A WIFE— CURIOUS REVELATIONS—THE INDEPENDENT AND THE ‘ KEGULAR” POLICE, ‘Thomas Couneil, (who keeps an oyster stall opposite the Sessions house. and just under Joseph's office.) sworn— Went after officer Mitchel; officer Jereph toid him that two men hed been to him, one of whom was « Calffornian, and had been robbed of $160 two days ago; that was just his stand, in the afterneon ; officor Joseph told to go after McManus, but he could not find bim, and he (witness,) then told him cae Mitchel wes the back je only man to send; and M. was sitting rom, reading the paper; and witness introduced the old man to him; he called Mitchell out to do so, and this was on the stoop; the two men went up stairs; one of them nase. street; did not recollect his witnere did go up stairs; they hady beem up before, and Joveph called them down to sprak to witness. Q.—Did you bear of any offer made of anything A.—No. Q.—Did you hear of any claim ade? A} Tat fe all T now. sbout it. peas anuel Joseph, mown as “Porgy Joe, then called. He Mievoeed that. on the day before yo. dey there was a man, named Patrick by another man te my office, and oid nel ad lost $120 in gold and two targe pieces ; the old gentleman (Marshall) raid it I go with he would give me all the money. snd him the two lumps of geld; I teld him I could not go-that I had other business to at tend to, but I would get an officer; the old man insisted, but I eaid I could not go; I and comstable’s office—(isughter)—I looked for Mr. Mc- M ‘and could not find him; f work on my own hook; anus is not am now. but was one.and is eoquaint- ed with all; I work inf/opporition to the regular police im the wards got o salary and I don't; I only get and get the went seress ; Conmelly went out; Mitchell I never had any ith; the man wanted an officer to go right away, and I coulda’t Lynch went down town, and the next morning | read secount im the papers; I never ‘paid Mitehell was entitled to it, claimed any money ; ts the old ian seid he ‘would give the money te any off- go with bim ; the old man was not very 1d me his pockets, and said the rate had w they were cut om; M it—Do I understand if anold man eomeste you and offers the whole et the money you are ready te takeit? ‘Witness—Yea; if he makes the p ition Q.—Did you prepore to attech this property? A —Ne; I would if Thad done the business, Witness continued—Did not know Lynch before, but he gave his name and number, whieh I took down Mr. Blant—I understand you to sey that you sent fer Mr. MoManur, net being am officer, because he was po- quainted with ‘all of them. Dor’t you know that it is contrary to law for am Wo reecive a fee or reward witheut the consent of his ir? A—Yes Iknow that; you must get an the Mayor Q.—ow fer off were you, sir, from th ward station? A— Just over the way, but I badn’t time to go there. Q— Your reply was that you looked for McManus? A —Yes; I thought it a pity some one would mot go with him. | Laughter.) Q—You don't think it officer, then, to arrest any one wil A —Yer, I arrest any one. ‘The Reeorder—Do I understand you that yon do not, when you know or hear that a felony hae been eommitted, go and arrest? A.—I could not go at that time; I had other public business to attund to Mr. Blunt--Do you keow Mr. Patterson? A.—Yos. e you not know he is detsiled there? A.—Yer, ir Btephems? A.—Yes Q—Mr. Smith? A —Yos. Epon ee ali, but I've not been im the police effice for ix mone Jour duty as ‘The Recorder — Did I understend you would heve | taken the whole? —Did you attach it? r Q | understood you te say to the regular police? I always thot 00 operated? A —Yes, I believe 1 do oo-operate; bat they work in opporition to me all the time round here lore the prisoner's indefatigable and worthy wife entered, elbowing her way in—though the respeot and kingly ‘eeling she bed ired mede the operation | almost unneoesrary, for all greeted her with welcome, even in that polluted sphere—and intreduced a gentile. man, who took the |, and de bis name wes Boyle. attorney-at law. He knew the prisoner as he couid remember; he (the prisoner) was a car- | by trade; he was intimately acquetated with him, | and his ehareeter was uniformly geod. “except that he | adrop;” he would trust him with ali he | A.—Yoo—that is, when he offered it. A.—No, sir, I never did such worked In opposition | <over had; knew his father and friends, and had the most d anguslified confidence in him. He men- on OF 8 he worked for, and, together | to bring other witnesses; but | the court thought It unnecessary, and The Recorder charged the jury, to the effeot that thers waa too muoh doubt as to the felonious intent, coupled | with the excellent charaster the prisoner had reeeived. to | warrant a conviction. Be made rome strong remarks in | the course of his charge, as to the conduct and ryrtem of | 4 in the evidence, and remarked | that a men who eould po wildly offer all the mousy to | have another arrested aight eg | have banded it to | bim, or allowed him to takeit, The fete, however, were | for them, ‘The jury almost immediately retarned « verdict of net gity, and the priconer was discharged with an sdmoni- cn. The “elugo” and pieces of gold whish wore brought into court by Mr. Jobnston. the property olerk, were, by order ot the Court, handed over to the Uslifornian, | Grand Larceny. Arthur Browne, barber, No, 6 Rove velit street, was charged with robbing William Stoughton, of 165 Eleventh street. of $100 in various bank motes, an’ $1 in gold. on the Ist December. It coems the pro- feoutor was living in # bawment, as above, aud the pri- roner was in the habit of coming to see him. and that on the evening in question they had come drink, as usual, and got int: ours, and the prisoner dregged him to- wards bim; shortly afterwards he misred hie money. James White, policeman, arrested d. int after. ward 4 found rewn in: the living of: fo that it wae pecewary to rip it out. $81. some of the bills com: poring whiob eam th Verdot. guilt ptivon for tro y: Case of Samuel J. Proper-—Committal ~The Grava Jury, having found a bill against this defendant, tor grand lar. ecuy, oo the complaint of Edwin Post, broker, Wal prosecutor tdenri ‘tence, imprisonment in the Btate | refused; and since the action wae brought. he offered her Jerk of the New York Common Pleas; and | Jefferson Coddington, Eeq. | came with | ‘an independent police | $s boing paid? | ht all public officers | Sant, Be ven ee inte court this day, ons beneh warrant Mr A O Hall. Assistant District Attorney, moved that bail be fixed. He supposed $500 would be sufficient. og fixed the bailat thatsum. Who was his eounrel’ Mr Benjamin Bailey, accompanying defendant, an- swered and in reply to the arraignment. entered « ples of not guilty beg Apo prepared with bail It appeared that gentioman who tendered himself an pecurity was porsessed of considerable estate, (said to my ‘estchester county, amd other property im ted, and showed conclusively that » red On s recognizance was invalid out of Court thereupon refased the bail. asked permission for the prisoner to ge im charge of anefficer, which Mr. Hall al owed. ‘was ‘a custom more honored im the breae! observance” and favored the rich meu, eriminals were sent to jail. plication. aud, on the motion of the ormey, the defendamt was commiited. Court of Common Pleas—Part Second. Bofore Hon. Judge Daly. SUIT FOR DIVORCE ON ALLEGED GROUND OF ADULTRY. Dec. 18. James Pugh vs. nn Pugh.—The plaiatiff im ho keeps a sailors’ boarding hor Water his counsel Mes Whitieg Wheedow that on Tae Oth of January, 1846, he was ii fully married to the defendant in the eity of New York, and that they lived together as husband and wife from that time to the Sth of August. 1851. There is ne issue cf the marriage. The plaintiff alleges thet bis wife has committed acts of adultry with several persons, end par- teularly during the summer of 1649 with ome Charles Coats. and durh the year 1850 and 1851 with one Leon- ard Barton; ond also, thet during the months of Julyand August ofthe year 1851, she committed adultry at a pee i Mulberry street, with @ person named John On the part of the defendant, Messrs. James T Brady ‘and Cook, counsel for Mrs. Pugh, deny the allegations altogetber. and cubmit that the pleiati ent which adwlteri now intimation she had of the aceusatio1 was served with the process im this suit dos weual im her domestic business The mdant. it is said. was of household farniture amounting to one thousand dollars at the time of her marriige. that the plaintiff had no property of his own ; th femdant furtber contends that since her marrisge. rhe has accumulated real and personal estate to the value of shout $25 000, free amd clear of all incumbrances, and that a ‘very large proportion of it was accumulated by her own industry, in devoting her whole time in carrying on the buriness of a boarding house keeper; that the real estate is of the value of $15,000. amd some short time before this action was commenced, the plaintiff asked his wife to ai ‘a deed, whieh would beve comveyed away her interest in it; she refased to execute the deed, and the pisimtiff re~ piled that “they would shortly be two,” but he did not way on what grounds, It is also contended that a short time before the action was commenced, the plaintiff offar- ed Mre. Pugh $8 000, and to pay her passage to aay part of Kurepe if rhe would agree to separation, whioh she $1000 rot to defend the euit, which she also re- fured. It appears that rome ot the parties with whom the defendant was charged, were boarders in the house ‘The first witness ca Albert Whitney, who de- posed that he re-fdes at 107 Cherry treo: —W, by the plain'iff at 244 Water street, snve: bis home at James Pi knew a whore right nam John Barton; he was barkeeper for Pugh [Witne having seen an | act of criminality between Burton and Mrs, Pugh, in her | | | room about ten o'clock A. M. on the lith June 1351.] He was standing in the ball, about eeven feet from the door, whieh was partly open; they werein bed; heard them speak; heard Mrs. Pugh eay,* Don’t shut the door, £0 that we can see any one Who comes up”? ‘The witness was cross examined as to hie former # went of the affair, and Mr. Brady reed bis previou: sitions, with a view to test his credibility, Mary Carioll depored that rhe lived with the plaintiff and defendant for nearly three yeara at 344 Water street, ané is living with Mr. Pugh row; Leonard Barton was his berkeeper; saw Mra. Pugh and Gorton 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 her; Mrs BP.’ war standing up; they saw witness aud Mrs, Pugh went into her own room, and Barton went into the Giming room, itis more than s year ago; said nothing te them about it; saw nothing elre but that once; aaw Mrs, Pugh in Barton's bed. on the @rst floor; saw Bar- ton take some drink to ber, but don’t know what it was; saw Barton hocking her frock; Mrs. Pugh sent witness onee to Barton for drink Catherine Flynn deposed that she lived with the Pughs as servant; she and Phoebe (Mr. Pugh’s niece) slept with Mrs. P. during plaintiff's absence in Philadelphia when | he went to Pbitadelphia to buy a horse; awoke one mora- | ing. about five o'clock, and found that Mrs. Pugh wasup in the bath roem; the next morning fcllowing sho sard she was not well; next morning raw her in the bath room at five o'clock; she was in her morning dress; the door was | open, and Bartom was inside in the room, in bis 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 end Phoeno; | met Rudican, and be and Mre P. went into » house in | Mulberry rtreet together; Radican gave Phacbe money to | et candy; they went into s room; the houve was 80 ulberry rtreet; Phocbe and witnes were absent about | filteen minutes; on retuining, saw the family of the | bone standing on the etcop; went in; Bre. P.eald, “why | didn’t you come in sooner ?” She was sitting on ove cbair and Radioan on another, (laughter); went to Mul- berry etreet with Mrs Pugh on another occasion, and she remained talking to a mam named Sweeny, in the ball, for an bour en Wallace depored that be lived at Pu August. 1848; Coats was boarding there at the ti slept with witnere; Mrs. P, came into their room one morning, and sat on the bed. when witnoss was half dressed; witness went down stairs. and finished dressin bimeelf in the cellar; he then returned up stairs. an found the bedroom deor shut; jestead of going in witners looked through s window, and saw Coats and Mrs. Pogh laying on the bed On erers examination by Mr. Brady, witness raid he followed the sea for a living, and stays at Pugh's when on shore. and psys for bis board; never saw Barton since; ‘witness first told the transaction of 1848 last August was year; told it to » man named Charles Brown. who said he tola it to Pugh; witners never told it to any one elre; Pugh bailed witness, two-weeks ago, when charged with striking s man Most of the testimony is unfit for publication. The case stands adjourned to Monday (this) morning. at 10 o'clock, and is likely to oocupy the whole of the day. Superior Court. GENERAL TERM. \»Present—Chief Justice Uskley amd Hon. Jadgos Duer, Campbell, Paine, Bosworth, and Emmet. Dee. 18.—Decisions.— Thomas -Mulvehal, respondent, es. James Muliward. eypellent —Motion for new trial denied, and Umm grade affirmed. with costs. Samuel Reosevelt ve. John Brown.—Judgment for plaintif? on verdict, Jacob Harsen, respondent. vs. Theodore W. Bayard. eppel- lant —Order appealed from affirmed. with liberty to de. | fendent to ancwer in tep days, on payment of sosts, and | pechon Arts aad that the whole issues may be referred tos reteree, SPECIAL TERM Befors Hon. Judge Duer. | James Linden vs. Mary inn Graham.—Demurrer over- ruled, with costs | tions of David Selden, Thomas Vermilyes, William ©. Noyes, and Richard H. Ogden, allowed, and rehearing or- dered upon the points exceptea to Before Hon Judge Bosworth. Ames Tenney ve. Joseph T. Kobbins.--Order striking out fourth count as irrelevant and redundant, and also that third count be made more definite and certain, in ten days, or be stricken out as irrelevant, &c. Law Latelligence, Surxewe Covet or tHe Unite Btates.—Decomasn 1,—Jeseph Wiswall plaintiff in error, vs Eaward Hall. ot, al by Mesers. Chilton and J A @ampbeli for the defei in error, and voneladed by Covernor Seward fer the p! tiff tm orrer. Adjourned. Decem: M4 —No. 41.--.John Aepden’s Administrators, et. al., ve. Matthias Aspden’s Administrators, et. al.—Ap | peal trom the Cireuit Court of the United Atates fur Kast «rn Pennsylvania. The decree of the Oircult Court im ‘this coure was affirmed with costs. Ne 18.—Samuel Semple, et. al. eppellante, ee, Shadrack Barnes —This cause was submitted to the Court om the record and printed argument, by Mr. V. E. Howard, for the ante Ne. 14— Willen F 'e Lessee, plaintiff on errer, ws. Nichelas Longworth — eause was argued by Mr. Chase for the platetiff im error, and sul ona printed argument, hy Mr. Btambery, for the error, The United States, eppellanis, vs. the abtinectes In- dians ot al--This cause was 4 . Attorney General Crittenden for the a submitted. on © printed argument, by Mesers. Taylor and Janin, fer the Beats PD. Vroom, Beq., of New'Jersey, was ad 40.15 —P. D. Vroom. Beq., was ad- mitted an attorney and counselier SK} Court. No 21. The United States, 78. the Chstiman- hes Indians, et, a1 —This appeal from Cireuit Court United atates for Louisiana, was dismissed. Noe, 22 and 33—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 Rumdell et al. te error, os, The Ddaware and Reviten Canal Compeny.—This guea by Mr. Read for the defendant in ed on @ printed ent by Mesers, Vroom for the plaintiffs in error, Aeje Dec 16-—James W. Gerard, Jr, Faq, No. 25. D. B Lawler, et al., plantiffe ie errer, ard J Walker —Thia cause was ergued by the defend: in error, and submitted om priated ergu- | mt by M Grosbeck, Box, and Walker, for the de- fondenta im error. No 98. T. O. Leroy et al.. plaintiffs im erver, va. Tea tham § Beothers.— The argument of this caused was om. menced by Mr, Gillett for the plaintiffs iu error.—ad- | ourned, Deo. 17 —Richard J. Dowie, Beq..of Maryland, and | Pintt Smith, Feq , of lows, were admitted atiorneys and oounse|lors of this court. No 120.—Sanuel Packieod, plaintiff in error, vs. John L | White et al On the motion of Mr, Critieaden, this wrt of error to the Cireult court of the United States for Loa | inlane wae docketed and dismissed with oosts, ander th 424 rule of court, Finances or Nowra Carovna.—The sum of | Teeripis into the Trearury, from the &lst October, 1860 | to the Ist November, 1851. wan $286.i64 79; and the sum of reesipte for the year ending October dirt, 185%, was $206 728 86— making for the two past years $651,888 67 ‘The rum total of dieburrements for the first year War $906 842 76; and for the last year, $249 254 46—leaving | Inlunce In hand of the Public Treavurer om the Lat of | Nov,, 1862, of $60.986 46. The Treasurer goor into au | estimate of the receipte into the Treaeury for the next two fieoal years, end airo of the dieburvements Tha ag- | for Vera Cruz, David Selden ve. Thomas Vermilyea, et al—The excep- | —The argument of this cause was eontinaed | im | of the de} Affairs in Mexico. ‘From the New Orleans Deo. 9.) tb sebeoner Bonita, from Vera Orus, we Tecclved full Ave ef Mexican papers to the 20d ‘ultimo from that port. and to the 20th from the city of Mexico The Bonita left Vera Cras on the 24th ultime, ana brings $38 089 in specie om freight. Captain reports that there ® rumor Crus, whem bo tailed. that the port of Tabasee was block- xican brig of war. ‘committees on the & second reading, and would soon be discussed ‘The advices from Sonora confirm the news of a conflict between the men under Vount Raousset and the troops under General Bianco in which the latter were defeated. ‘The landing of another expedition was feared at Guaya- mas, and the brig of war Simaloa had been ordered to oruire off the port A letter from Guadalsjara rays: “ Count Raousset has tamed the independence of Fonera and its annexa m to France, end bas defeated General Blaneo. The defeat was mot a total rout, for want of military experi- ‘The etate of the revolution was most uncatisfastory fer the government. No conflict had taken place between the croops of the federal government and those of (ene- ral Urags. except a slight rkirmish whioh took place with bout 100 cavalry which General Uraga rent to Lge 60 it is said, toe desertion of his old brigade Som pice Or deserters wore taken by them, and General jaldes immediately fortified his camp. (eneral Uraga bas summoned him to rurrencer A letter frow Guadalajara says that had the foree been 200 instead of 100 men, amd with orders to attack, the re- sult would have been the disperriom of the federal army. Gen. Valdez beld his fortified camp and sent an express tothe cspitel An effort was made te send him four Bimoney” The Orden saye thas tho meeeenget Went best of money: The says messenger wen with news to Gen Valdes about as satiefactory as those he brought from him Desertion is said to be the only movement in his comp. He has sent to Gen. ‘Uraga with propositions for an emt, Dut 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, Uraga did not attaok the federal troops because they were dimolving so rapidly he thought there weuld be no meosacity of dolor 60, Gen. Urage was received at Guedalejera with great re- Jolcings is forces are said co number between 3,000 and 4000 men, A conducta uncer his protection, with $600 600, from the merehauts of the place, had been sent to Mevatian for goods, and several cargoes were ssid to be on the way up. a | aber of the government says that “ the cor. rupting gold is ecuttered with prefusion by the insurgents among Our brave troeps, but without success ” Gem. Mixon bas 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 heed of 600 men. | has pronounced in favor of the ramo. Rebolle- | atursco has airo done 80 with 500 men, | unciades of Aguae Calientes took Cul'noam and 2¢00 murkets and five pieces of artillery. It wes rumored that Guansjoato had joined the revolu- | It te amnouneed that Manos Ledo, the Governor of | it sbout 10 go to Kurope. | »¢ of Tumalipas have adhered to the | ara, b $1,200 000, had left the city of Mexico plap of Guadaloj A conducia, Wil | The Union. of Vera Cruz ays that the public ofces | Mill mecenrarily close voon for want of money. Ofloers cannot rerve Without pay Congress bad been in session one month, and the only thing they heve decided upon was to accuse ove of the former ministers of treasonable abuse of power. This bas poreed the Chamber of Deputies, and is the sole mat- ter completed. City or Mexico, Nov. 15, 1852, Our new Minister, Judge Conkling, ts here but he has not yet presented his crédentials. ‘The cause assigned is | tbat his uniform and official documents have not yet | come from Vera Orvz, and will not bo here for ten daya | The Judge is @ fine looking old gentleman, and it {3 to be hoped that he wili be of more use to our countrymen | than our former Ministers. | ‘The Gardiner examining committeefleft on Thursdey last for the Doctor's femous mines, Sonora, you will see, is being grabbed up py the French. | The goverpment Co potbing to prevent this disaster. Congrers bas p n appropriation bill to the amount | of $6 0 000, to meet current expenses | Trade here is a dead letter, Nobody trusts mobody, buys from pobocy. paye ite 8 (From the N. 0 Delta, Deo. 9] | ‘We have received files of papers from the city of Mexi- | est date being the 20th November. ‘The Orden of the 2th, avnounces that the day before, | by's majority of 46 to 31. the grand jury found cause to | | prosecute the Minister of the Interior, D. Muroos Espar- | za, for having irsued the order of the 28th of laet Mey, orizing the agent of the English bondho)ders to take | away the two millions ands half of dollars without pay- | ing duties Iv the Chamber of Deputies on the 18th, resolution ‘was pawed. calling upon the Minister of Foreign Affairs for information in reistion to the origin of the alarming | accounts trom Sonora. | _ From Yueatan, the advie's are that Géneral La Vega | | was compelled, by want of resources. to give up the com- | mand in tbat penineula to D. Sebastian Liergo, before knowing that the government bad accepted his resigna- | tion. Ii is feared that new rebellions may soon be kin- @led on aecount of the resignation of Gen. La Vega, who, it seems, was univerrally esteemed and respected | The Mexicans have imported a hydraulic machine, | from the United States, which tbey think mush of. ‘The Orden publishes proclamation from Keboiledo. to unite im the csuse of Itberty, | It eails upon the citiz It ends with an appeal in favor and annihilate auarc of the hero of Tampico and Vera Uruz, the worthy and iNustrious General D. Antonio Lopes de Sante Anna. Its | ‘words are: Providence Plan of J We seo it second the republie. the whole C a8 hatitante of Amate; the Stat Bate of Gi and other protects s just enuse. A fow days since the 0 light in Guadalajara, and al he ud iampieo; the territory of China, tl Sente Anne, To oh ot ‘0 the advents re i so macy provis of the popularity of the illustrious mame of the worthy General Dr antouia Lopes do “ante anna. Men ‘of Vi a! arise from the ignominious lethargy in which you li Tt ie propined by the Rebolledo plan, to oall a Congress together; this Congress will be Soot in ne necestery reforms in constitution ef the republic, with » view to the its of the nation—-in creating a financial system, om equitable terms, such as will provide for all contingencies and exigencies—in fixing the amount ef the permanent armed ferce, and the manner of raising it, as well im pesce asin war. All noblemen. and influen tis] men of all classes, are invited to take a notable part in’ rercuing the indepepdenee and nationality of the re public. ¢ military claes and National Guerd are also called upon to partake im the movement Whoever pre- rente any formal opposition to this plan is threatened ‘with a traitor's fate ‘Thivgs ere ina terrible uproar in Sonora. News hed reached Mexico that a battle bad taken place between the forese of General Blanco and thore of Count Reousect, | | and that blood bad been shed on both sides. According to one account, “General Blanco had left Hermogillo, at the head of 260 men. to meet the 250 Wrench, under Racuscet; a terrible conflict had taken place—one hun dred Frenoh had fallen on the field—and the Mexican | troops had met with s small loss.” Aecording to another aceount, “General Blanco had under bim 900 Mexicans, | 800 Indians and seven pieces of artillery—that Raousset, | on bis ride 214 wen--that Gencral Blanco had lost se- venty men and his artillery; and Reousset had lost eight killed sna four wounded.” The Siglo rays. that ue oon as it was known in Guada- Isjara that General Bianco had been defeated, M. Yanez ordered M Pedro Valdes, of Sinaloa, to go to his help with 3¢¢ men. among his best troops, and sent the brig Binalos to Gueymas, for the purpose of preventing the | landing of another expedition From without, The Kenate has epproved the decixion of the Chamber of Deputies. which avthorizes the government to contract | for a lean of six kifmdred thousand dollars for the paci- | fieation of the republic. It js said that the Minister of Poreign Affairs bad at- tempted to nuite the three Mexicans companies into one, | for tbe opening of the Isthmus of Tehuantepeo—thet | Merers. Garcia and Bellange egreed to it; but that M. | Rive Palacio oppoved it im the | Company. M. Yanes has since tranamitted ail the papers | to the Congress. which wes to decide on the matter. The rumor wap afloat that a oorreepondence hed ar. rived from Paris to the Mexican government. in relation to the Lafont diffieulty, It iseaid that the Freneb gev- 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 inet , inolust ‘They con- tain but iiitle intelligence of interest. The situation of | | the republic hae in ro wiee changed. Perturbstion, ex- | | etement. diseomtent, and civil commotion, are the order | The government reems helpless and im; tent. the better ciasen appear te view the existiog | condition of affairs with profound indifference In ), the murderous incursions ef the Indians | ett . A party of them surprised reveral renchos on the 18:h inst,. killed several persons, and carried of a number of young men. and « large stock ofeattie. Such | events, however deplorable, are of daily ove . 3) revolution in Morelia is in fall progress, though ineurgents are by no means among themecives ae hat they reek. Uraga ved at Guadalajara on the Sth, with twenty-eight men. disguired, with a view to avoid the Indians, who were in hot | igen ofhim. There had been some fighting in Morelis, and both claim the viet question {a not yet settied. The ir Bloo's proposition—the Monitor is in submitted by Senor Garcia. | of the Interior had been very sick, but | &t the last necounts | pasred the Senate. ordering an immediate . of ry throughout the republic. The various propositions relative te the Tehuantepec reed are ordered to be published. The Senate has authorized the overnment to contracts loan of sixteem thousend dol- 8. Dgsraverive Firkin Franxrort, Ky. from the Frankfort Yeoman, of yenterday, that ‘We glean fre coeurred in that city om Monday morning about two e’clock It ecmmenced in the two story building on Main sireet. owned by Thomas N. Lindsey, Keq., and 00- oupied by Mr. KE. L Samuel asa grocery sore, and soon extended to Dr Cruel hree story building adjoin ing, on the corner of i and ‘Ann streets, and the dwelling house. on Ana street, belonging to Mr. Feriy, of Misrourl, occupied by Mrs. Kendle— el) of which were entirely consumed. They weae all sub: etantial brick bull That of Dr. Crutcher was ovcu- pied iv part by if ase drug store, a part by J. P O'Hara ar a leather store, and the third story by Ploon!x Lodge. 1.0.0 F. Thomas N. Lindsey's building, value $3 600, ineured $1600. Dr, Orateher’s builali alue $5 000, jorurance $2,000 His stock was mostiy mved, and was inrured at one thousand five handred dollars Ferry’s buliding, value one thousand five hundred dollars, ineured one thousand dollars, BE 1. Samuel's stock, value fonr thousend five hundred dotiars. insured three thourand dollars 0° Hara’s lore about one hundred dol- lave. no insurence The Phoenix Lodge lost everything, bot are ful-y insured in four hundred dollars Totat lors, arrgate receipte are estimated a: $474 71402, nod the dis. twelve thourand five bandred dollars, Several other burrements at $461 688 20, leaving baleaoe iv favor of re- | buildings were elightly damaged --Lowisville Democrat, | ontpts of 26 72. | Dec 1. i | tion rave in the facts that there was a zealoui | finest inland navigstien in the world, that the | paturi THE SOUTHERN COMMERCIAL MOVEMENT, THE GREAT CONVENTION IN BALTIMORE. Appeal to the Merchants of the South, Sou west, and Weat. Manifesto Against the North, die., dion, de. The Great Commercial Convention met in Balti- more at half past eleven o’clock on Saturday mora- ing. There were a large number of Congressmen present, among whom were noticed Mossrs Brecken- ridge, Stanton, Preston, and Underwood, of Ken- 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 woloome to strangers was read by Brantz Mayer. It is annexed ;— ADDRESS. FELLOW-CITIZENS OF THE SOUTH, SOUTHWEST, AND WEST. invited you to meet us, in the city of in order to consider questions ef interest to the sections of country whence you come, as well as te ourselv It is our duty, as well as our peters to seize the earliest moment te thank you r the alacrity and good will with which you have 80 cordially responded to our call. Gentlemen, we have summoned you here to-day to lay, with proper services, and to coment with hearty ‘eeling, 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- tious in which your parts of the Union are so deeply concerned. hen the census of 1850 was first ee and it was seen that the population of jaltimore had augmented in a larger proportion within the preceding ten years than that of any other Atiantic city, men asked themselves the question why this had occurred, and found no sol of enterprizing activity among our people, fostera by the hopeful prospect of future progress, that our internal improvementawere tending to develope a Tegion fraught with wealth, not only to our State, but to other sections, aud that Baltimore, in truth, wae the original und natural terminus of our great internal trade, indicated by Nature herself in the geography of our country Ang is not this true? It will be allowed by every one who recails the histery of colonial aad revolu- tiovary times, and remembers that Baltimore-Town, im those days, was the spot whence the adventurer avd the solaier set forth, wending 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 Balcimore-'lown, then already @ place of significance, at the head of the pio- of neer and trader sallied forth with their peck-borses, to bear 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 penetrates its pnorthwesternmost corner, afforded the easiest Jevels as a channel of trade for passing the wountains and reaching the navigabls waters of the Ohio ; und thus our State became tho chiof line of American travel, and our city the chief depot between the rhores of the Atlantic and the vallies beyond the Aileghany range. Baltimore, there- fore, is fan)y to be regarded as the natural and earliest Distorical friend and commercial ally of the West. It was so 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. But, gentlemen, it is not to be denied that al- though Baltimore. very soon sfter the adoption of the constitution of the United States, was acknow- ledges to be the great flour and tobacco mart of the country, wellas, perbaps, the best marke: for provitiot be stili, in time, found that her com- merce diminished, while that of other sections, which apparently were not entitled to such advan- tages, became proportionably enlarged This may ‘be attributed to three he opening of the bavigation of the Mississippi, which gave its mouth as @ vent for internal commerce; the intreduction of stvem on that river aud its tributaries 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 western waters, developed ite own immense interior resources, and poured the wealth of the northwest into the lap of its thriving metropolis. Thes, the old trade, which, in earlier days, concentrated at Pittsburg or Wheeling, and pursued its slow journey over the mountains in the Conestogs wagons”—which were the suscessors of “pack-borse carravans”—was gradually absorbed oat taken away by the ingenuity of an opulent Tiv: But you are aware, gentlemen, that Baltimore Was ne oggard in seising the means of re-assertin, her natural sepremacy in the internal commerce o} North America. We perceived the cause, 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 samo semen of success restore nature to her original rights . Accordingly, about a quarter of a century ago, many of our opulent and enterprising citizens de- termined to make that gigantic internal improve ment, which on the first day of Ceci pT is to signalize the opening of a now year wedding the Obio and the Chesapeak id securing an un- interrupted interoouree, which shall place the West- erp citizen and his valuable produce on tho Atlantic coast within fiteen hours. This great work has been long deiayed. There Were wany reasons. It was the pioneer railway of the Union, as Baltimore had been the pioneer port in Wertern intercourse. The art of construction bad risen from mere speculation to 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. Neverthe! £0 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, until, with the true labor of resolved faith, we have succeeded in completing the enormous task. It is under such circumstances, fellow-ecitizons 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 channel of trede was correct—and that we have not Isbored in vain for the friendship of those sections to which nature had originally allied us, and to which art hes oneo more happily restored us after so many years of unnatural 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 hat not hesitated to attempt outgeneraling us in our foris to regain your favor. Boston, New York, Philadelphia, have all striven to the whole, or, at least, to gain @ considerable part, of the wealth that your industry produces. Yet in this in- stapee, all their art—all their ingenuity—oould not effect two results, without which their attempts must be unavailing They could not the geogrephicel facts that Baltimore was net ently the channel of trade, but that it was, also, the central point of the seaboard Union, in ous intercourse with the national capital, and that | ite railway ia the shortest, direorest, and most e00- nomical communication between the Ohio and the fea, In order to illustrate our position, let mo sak to leok, when you have time, at any skeleton pbs of the United ‘States, on which tho great lines of Fe By laid down. You will instantly observe, that while Boston, New York, and Philadelphia poe out their iron mg od longing towards the West, every grasp make drage your produce over @ lon; road, and, of core, is eh her cost than we shali, after the first of January, 1553. Nor is thie all While secking to communicate with the Ohio, we have not been unmioéful that there were northern streamsand lakes which might contribute to Baltimore’s prosperity, and afford many articles of value to our Southern friends. And, secordingly, we have hastened to thread,the valley ofthe Susquehanna, with a road approaching completion, whieh, uniting with the Erie railway in the State of New York, will place the lake, at Dunkirk, bee 9 nine miles nearer to Baltimore than to New York city by the present channel of inter- eouree. Nay—you will observe something more, by the inspection of such @ aap You will find that, geography having made Baltimore the great, natural, central entrepot of the Union, on tide- water—the great receptable of internal produce and foreign dittribution—we have gradually eom- pleted or projected @ connected system of railways, steam communication, canals, 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 Now York; westwardly, by the Patapsco and Potomac vallies. through Virginia te the Ohio, in the direction of Bt. Louie; southwestwardly. to Winchester, Wash. ington and Richmond; southwardly by steamers and rail to Portsmouth, Weldon, Wilmington, and, shortly, to Charleston; southwardly again, by steamer direct to the lest named port, and finally | sojourn among we eastward, to the cccan, by lines of com muni~ sing ci eens Germany Halen me ie eat t ow Savannah, Mobile, r Britis! Posses- sions, New England, both eoasts of South Ameri- ea, and the golden shorceof California ‘This mep will show you, them, thas all these vari- £us lines of trade, domestic and foreign, converge at \imore, like the suokes of @ wheel, making’ eur gity the great central axle of » trade whose eiroum- Segoe uld touch and gather the produce of every Sperien, therefore, our matural and geographical ht to s large share'of tne predues of thove vallise whieh drain the Wesvcrn slopes of Virginia and Pennsylvania, tho Stav-s of Keatucky, Ohie, Tenned see, Missouri, Hlinois, and indiaaa— holding, more- over, @ elose ixteroourse with the broad lak: , that our central position amd facilities portation make us, obviously, # national entey pet, and will foree the North te re, Baltimoren the best exchange for the di of ite maneta tures and its best market for you. The answer, we think, is ready. in the colessg fortunes already realised from Seathern 90. ry nt themselvis by dininistiag their in the loss of commissions, but abandon Rate opulent agents, and establise, in that commercial houses directly and originally eoneern- ed in manufacturers. Gradually, their progress will be further southward, uotil, reaching ow oy, as the true eentre of national commeroeyghey find that Baltimore is the vest marke whiek the varied products of the plan‘ation, the farm, and the factory can meet for profitable interchange. Baltimore is nearest the nerth, nearest the south, Rearest the west—so central, in fast, ag to be mear- est all. It is tho nearest the manufacturer of the north—the ) Medea of the south and west—the apeculator of Europe, and parekasers © here. These inducements of geographical ition, of communication, and rapideontralisation of ture trade, mee be suffietent te urn your kind at- tention to Baluimore as a heme market, but there are other views and interests we must net neglee’ to touch on briefly Our city, gentlemen, is already ove of the |i 6 eommereial porta of the Union Our State is a small one, but iia people are industrious, thrifty and energetic. We are biersed by s genial, health- ful climate, and, while owr laws are just in their Operation among ourselves, they are not uafavora- ble to the personal welfare of the stranger who may I have wirendy nostoed tho sur rising decicnoial avgmentarion of our numbers. Maryland ‘according!y. posseesos within herwif the material elements of wealth, adequate to build ® great capital, and as: commercial safe! and supply ef al) who deal wita her. The menufactares of Maryiaod, in every branch of inéustry, must thrive, increase aod prevail. T! geological features of our eeetion are peouliarly fa- vorable to factories. Tho tide-waier of the Cnesa- peake washes the eastern base of that formation which runs patalle! with the Atlantic coast, while abundant streams from that elevated ridge precipi- tate themselves in & sucocesion of falls to the riv. from an elevation geverally amounting to about 6 feet, within & distanse around Baltimore com: in a radius ot twenty mites. It has been calon- lated that within ten miles of the oity there is water power sufficient for near half # million of spindles, a large portion of which is still unapplied to any kind of manufacture If water ix abundant, eoal and iron are not less fo. Our Cumberiand region is known throughout the world as predueing the beat ‘evaporative mate- rias],”’ in its se: wipicows coal, bitkerte discovor- ed; and the capitaliscs of sbe North are eagerly rasping those mines which must control so mack ease fa labor aud navigation. Hard vy these mines, iromis stacked up in meunteing, iting the develope- ment of time and industry le, by railway aad the Susquehanna canal racite eoal is brought from & region which Peonsyivania has been slack ia openin, tipen who doos net know what powerfal clensnts of England’s wealth ber coal aud irom have beeat— but where are multitudes who do net know that from the abandoned furnances of old revo.ution days, in our State —whove ruiws may still be tr: —that very England was supplied, te some extent, with ‘pig iren which was te bigh repute !” Nor are our agricoliural resoarces to be forgot ten. The census of 1850 dispia: tooming list of ourproduetions Flour, cern, tebaceo, and stock, raised so ebundantly en our fertile levels, long age constituted Baltimore one of th: provision mar- kets of the Union. The facilivy of solling here has caused the West and the udjacent South to select our marke}, even at » time wen wagons and horses performed the work of cars and steam. The conse- quence bas been that the British West Indies are Low almost exclusively supplied with visions from our merchants, and that « trade is menting with the eontinent of Burepe—withies trade Exgland—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. Oar staple isthe faverite luxury tobaces. Leng bi fore revolutionary times—lng, even, before om city opened and developed a trade with the weet— Baltimore and the towns along our Maryland water courses were the cont. es and marts of the Amoriean tabacco trade At one timo the leaf itself was oar precious curreney, and whom commeree introduced paper ss acireulating medium, it was still the fa- mnidiar engraving of this leaf authenticated ‘‘a note” to the peop! la of all competition, accordingly, we ro hitherto been enabled te maintain our commercial supromacy in this arti- cle; and, as our road and ite western continuations penetrate farther and farsher the heart of those new lands whieh are favorable to iss planting, we mean, by the facilities afforded, and the eonecatra- z tion ef operations, to consolidate the monopol: this resdoard market. Hoavy articles, like flour tobaece, designed for expert, seok th Dearest, and at facilities if Baltimore » shere ity high commereial ch: as weil as provisions generally, by the will over afford te the best produccrs. Buch, gentlemen, were some ef the eloments of our own domestio trade, within our neighborhood, even before the entire opening of eur great internal improvement; yet I should not forget te enumerate among our home wealth the preduots of our bay—its fisheries and its luxurious eystere— demanded in such 1d I negloet to mention }, oar machine sh cur ship building, our luxerious stores, Mtied every article of comfort, elegance, taste, er Desa! sity—all pledged te respond te your wants as rei! dily and cheaply as the dealers of any other maria in the country I have #; oken romewhat at large of our demesti! trade, let me now briefly advert to our foreigt When a domestic trade conosntrates at a depot tide water, foreign t: must foil Accord seasous of without a] reo = England is purchaser of our provisions and luxuries many and France nearly monopolize our and, carrying the article om better terms own vessels, they send them out laden rants who are to 4ill up unoecupied lands of the uth and West. and te supply @ large portion of ne- cessary labor. Thus, indirectly, we are important peiebe promoting the weltare ef mankind in both ¢ mn eres Our commercial intereourse is, mereover, exten- sive with the West Indice aad the Southern nent; with the British possessions of North Ameri- os, atd with Heal fi oaeaposmoy pape gem ree — 8 larger tra: s open eont to Dew 1d on commission Nor have we only the ability to sell and abroad what yourend us, and, in return to su; you with the nesessaries and luxuries you may quire, but we may also offer you the fitable ny Bye with ‘- a fineacial to give every just ty— Prompt relations of honeradig eomtierco— averse to chicanery and Cait—free from the menis. of speculation in property or stock—and sustained by ample capita) and banks of unblemished repate. We have heard it urged against usthat is nots seaport! But this is a quibbling seaport is not made alone by the ocean. Baltimore on tide is twelve hours steaming of safer for lying im the embracing magnificent vay, where may be entrusted to her, our unaided citizens proved in the 1 the exposed margin of an ocean. of nations are not necessarily placed on It was not the mere ses facility that lent before the days of st bility to aud from the ocawn is on t Great cities should, like Baltimore, rather be near the commercial eentres of productive countries, where the variou: is of Invor and climate oaq most conveniently mee: forexchavgo. Paris, Lom don, Vienna, Antwerp, Amsterdam, Bremen, Ham: borg, are not on the sea, though ail are great capk tals, grea’ centres of trade, and conduct their busk ness chiefly by sea, while one of them is the financial centre of the continent of Europe Gentlemen, as we have shown you why we both nature avd art have made Baltimore the na- tional point of trade for ail sections—thus demon strativg its sdvantageous position for domestie com- merce—we trust you have aleo seen just eause te rely on our foreign trade, augmented in proportion to our eneguine anticipations of your favor The tie of the West to us is unquestionably nata- ral, historical, and actual; our productions ate aAke i i i g = aE 3 i Eas F i fy EH z H ze H Es Be Hf H H if