The New York Herald Newspaper, January 4, 1853, Page 1

y . ' 4, of New York, epprared for Kane, and stated | y . WHOLE NO. 7368. THE NEW YORK HERALD. YOUBLE SHEET. BY TELEGRAPH. | 2Ws6 BY AFFAIRS IN ALBANY. | ueus Nominations for Assembly Officers. | ‘RESTING CONGRESSIONAL PROCEEDINGS, Sh of Senator Cass on the Subject of | ys) Religious Freedom. | $ — “DIFFICULTY WITH REGARD TO CUBA. ‘rmation Wanted by the Senate. | ited Pebute ia the Monse, Relative to | Yoreiga Intervention aud Yorsitorial = | Acquisition, | The Steamaip Washington af Boston, Ravages: of the Vomito in Hayii, Ko KC &O., Highly Intere DS from Albany. | ] AEPARATIONS FOR OPENING THE LEGISLATURE “CUS NOMINEES FOR ASSEMBLY OFFICERS: * LUDLOW TO BE THE SPEAKER, BTO. SPPCIAL CORKSVONDENCE OF THE NRW YORK HERALD. Arwany, Jam 8-10 P. M The detmceratic members of the House assembled in @suous at reven o'clock this evening, in the Assembly | © amber, for the pur pcre of selecting officers. | Hon. Axriaxko Loosus, of Herkimer, called the body | & order, and nominuted Henry Shaw, of New York, for | airman, The motion was sdopted. | Mr. Biaw took the speskor’s chalr, and addressed the | seting eubstantially as fellows: ytlermen—We vie assembled on this occasion to take | { binery steps to crganize the House of Assembly, {organization will continue during the present year. | ule discharge of thivduty you are not unmindrul of Town great reeponibiliry and the importantintecests is State for which you wre voting It iste be hoped, | in this preliminary movement. we may do nochiog | what may be for the welfare of us all, “This caucus | seinbied to select candidates to ba snpporied for sker, clerk, and other offlcers of the House. Gentis 4, Tam in your lands and shall endeavor to preside 4 impartiality. ‘What ta the first order to be taken nis preliminary oryaoizatin ? ¢. §, Harrison, of Ulster, and Mr. P. Champlain, were cbosen aa Seoretaries. '¢ “be roll of membera was then celled, when all answer. | 2 @ thee names except James I, Hutebings, of Kings. | dr, Sr. Jouw, of New York, moved to proceed w an in- | gu. oral ballot for Spraker, which was oarried i . “Messrs Malburr and West were appointed tellers aud i. followiug was Geclared to be the result of the first Lot: — William H. Ludlow, of Suffolk. S ontel B Peylor, of New York, entry Shaw, of New York oxter Gilmore, of Oneida, ng no maiority for uny candidate the oaueu: = @ second ballet, which resulted as fc vse n, A, Ladiow . on ceo! ste for Speaker. J, Rose, Jr ,of New York, moved that the nomi 1 be unanimeusly carried “s :caueus then proceeded to nominate a candidate for | which resulted th 8. Nafew, of Albany F. Church A. Oey. w, Nefew wal Jerk. hn F. Phelps.of Chautanque, was afterwards nomina- Sergeaut-st Arms, Grorge B. Weldridgo, of Sul- Poorkeeper; Hugh’ Cheeny, of New York, Assist- our aworkeeper; aud 8. H Brown, of Otsego, Sosoad As- | . oe seseee 5 then declared unanimously nominated | ant do. | “he whige held o enucue in the room of the Court of | ‘s, aud monivn'ed Mr Ellseorto, of Chautauque, | ,_ tker, and the rest of laet year’s officers, consisting | .'U. Sherman for Clerk. Thomus G Osborne for Door- ©. Archibald Smith for Assistant Doorkeeper, Asa jn tor Second Assistant Doorkeper, and Joseph ‘dwell for Sergeant at arms. P « From Washington City. | SATION OF SEVATOR Ki8G—HIs HEALTH—COL- | fou AT NATCHEZ—STEAMBOAT INSPECTORS — | ter, £1C. | ; Wasniseton, Jan, 8, 1853. | Tha Hon, W. R. King has resigned his reat,as Senator, | Lhe resignatioa to take eect immediaiely. It is under ttood that Governor Collyer will sppoint Benjamin Zits. tick to fill the vacancy. ‘he steamer Engineer has arrived here from Norfolk, the purpore of conveying Mr. King to that place, ‘nce be wili (eke (ho stermer Fultoa, for Havana, the | iatter yeose! having boom expressly fiited up for his ao- | gommodation, He will leave on Wednesday if able, | ‘The Bonete Leve eontirmed James W. Veazic as Colles. | Lor at Natches Mise, vice Charles R. Bailey, resigned. | Thomas Holdermen has been aopointed inspeotor of Mesinboat Luils, end Wiliam 8 Guthrie, inspector of | Dotlers at Cincinnati, Obio at exlaries of $1600 esch; | snd Mores P. Hateb. inspector of hulle, and Willlaa V. | Borres, inepootor of boilers, at Oswego, New York, with | ficrien of g36G each Secretary Kennedy gave o brilliant party this evening. | Fis rooms were crowded with beauty and faeblou The Kane Extradition Case, U 8. SUPE iB COURT AY WASHINGTON. . Wasiinaron, J , 1858. ae Supreme Court, the Kane Pxtradition Cave was up this morning, James f Bredy and Richard | i | i ey wore prepared to argue the case, The Court | ed ite readiness to proceed, when the Hon Charles or appeared, aud stated thet be bad received @ let m Charles Kdworda the Counsel for the Britiea | mont, which he read, s* follows:—— | New Yonex, Dao, 81, 1242. te Matter of Thomas Kane, a fugitive from Just TSir—This oars is eet Gown tor the feat Monday in | ry, the court hs made out certain points to be | 4. T have bocn counsel fer tho British goveraruens 4 mattor, ané appeared ae snah when the court di (the p iots. Tan n taware what nar have vcourred the Seor ture of} teand nia Kxorllenoy r nor sats cthor the attorney Geac- | Hl. mot intervene, Td however, respectful to- | 1, “whe bench t) Seve it sugeonted that Me. Crampton fished me to stand aside and nob mingle im say av. ; ment. Thad not rooowed his desire when J bad the tte be before the rt If ciroaumtano should make } yper, I hope you will dy me the kndness most ro- | to mention what Ihave watt. Believe mo, doar slw CHARLES EDWARDS, veer, Bag. ir, Brany then stated that be had not, until thin gr rnin. Icarned what courte was to be pursued on the | ‘pa.cof Kane, ‘Attorney (Jeneral Onrrrevnes said be understood there QWoere rome arrangements ip progress between the Scorets- | Sy of State and the Britoh Mintster, on che rabject. and com bin suggestion the court ordered che care to lie over mtil ihe morning. when it wili be again oailed up, ‘The oase exoites conriderable interest here, aa Judge Wolgon, ene of the pre-tding Judges. granted the hab: corpus uuder vhich Kave was sued out, and differed > om Judue Betts, of the New York District Qourt on the polnt—and as itix eiso the first oase of the kind an- der the Ashburton treat, WHIRTY-SEOUND CONGRESS, SKCOND SESSION Senate. Wastixorox, Jan 8, 1863 “fears, Jores (dem.) of Iowa, and Hovsrox (dem.) of a "2s, appeared. goo Chair laid befcre the Senate a communteation | of the Baptist Union cf Marylant | weak imoginations with some. “€ m the Booretary of the Interior, enclosing the annual cts of the Surveyors General of Cal!fornia and Ore- ‘ SALLE AND MORTON CONTROVERSY RELATIVE TO THE y DISCOVERT OF CHLOROFORM, Avern (whig) of Coan., prevented a memorial of wit of Dr, Wells, praying that he may be compen- for his father's discovery of the anmsthetio agent cal operations, aud moved that it be referred to mmittee on Patents ‘Bomtann (dem,) of Atk , moved that it bo referred ittee on Milftary AMfairs, aretit opposed thin reforenes, contending that the > committee bed prejudzed this matter, at the pm, in favor of tho claimant, Dr Morton *Pimio {cem ) of [i, defended the committee ‘ jon of unt irmess or prejadgment. They iothing then of Welis, Beure followed. condemning Dr. Morton for having Wet from the committee the feot of Wolls’ claim. ®. Jace, Sriteips, Bortann, Case, Wainnn, aod br ipwed tho debate. and t! on motion of Mr, By Jeot was lal THe NEW VORK AND HAVRE STRAMOHIPS, ‘ha, (w memorint of asking an increase of compeneation or a release from their contract. HELIGIOUS FRENDOM TO AMERICANS ApROAD—-srEFCH OF GRNBKAL CASH. Mr. Cass (dem..) of Micbigan, prusented the memorial L rayiog the Interpo- sition of the United States, im of the enjoyment, by Americans In Europe. of religious iberty. Mr 0. said— Ihave been requested to prosent the petition, which I send (o the Cierk’s table, from the Maryland Baptist Union Assccistion, and to move its roferenca to the appro- priate committee. I do this with pleasure, not only from a regard to the motives and position of those who make this application, bat also beoause I heartily concur with them in the importance of the object, and in the propriety of calling the attention of the ‘goveroment to it— an object dear to us and to the world in itg consequences, now and hereafter. ‘This body of pious and intelligent Corietians anxiously desire the freedom of religious wor- ship for their countrymen wherever the aocidents of lif may carry (hem; snd it Is not strange that this sentl mont rhould be strengly felt and strongiy expressed in this land of gorpel liberty; but it is strange tbat in this ago of the world, and this Gay of iatellec ual advancement, any obstacle should be interposed by avy government fn Christendom to prevent tne believers ig ths faith of Jesus from following the dictates of thelr owa conacienoe, aud, hile rendering “unto Cwsar the things that are Cwsur’s.” probibit them from rendering unto God the thirgx that ere God's _ngrecably to their convistions of the injunotions pt his Divino Word I eoncede fully, with the siguers of thls potition, that the best of all freedom is the frecdom of con:cience, and that there is no tyranny so revolting as tha’, which tyranizos over the mind. We have a right to be beard ju such an appeal as this for wo have tied the great exporiment ~an experiment no longer, for it bas become cxpertouce—of the easire separation of Chusct aud State, apd hava shown that unrestricted freedom of wor-hip i® not only best for the political iuterests of country. but best for the truo in- torests of religiom itselt, Unfortunately, the errors of ¢ dans eges have not yet who'ly yielded to the progaess truth, and in many countries the civil authority im- piously undcr.akes toexclude any form of religion but its own, and nou corformity is not elome a wantof oon. ormity to the will of God. but tho offence of professing the Divine Will to thet of the rater. Human preeump- tion has never gone further than in the orection of « standard of faith, with which all muat agree or be subject to the penalties of the govermment here and to the ex- communication of the chureb hereafter. 80 far aa re- gards the protession cf 2 particular doctrine, as & neves- eary qualification for office, howaver we may lnwout its preeumption and injustice. we have no rational cause of complaint, as that isa question of interaal policy, and nothing better illustrates the slow progress of truth in those old countries where it has many interast« and prejudices to encounter, thau tle fact thet | even in England. with all her real claims to freedom aud intelligence, x Jew, to this day, canaot occupy a re Poriinment without takivg an oa*h by which bo bis own faith and the religion of bis forefathers But we have a right to expect trom all friendly nations that American citizens be permitted to enjoy liberty of wor: ship wherever they may go There is not the slighteat onable objection to such ademand [+ ought nos in- deed, to be necessary. for this unworthy aystem of intole- rance has not the least foundetion in reason or religion— it is a mere relic of barbarism. converting the religion of the Gospel intoam engine of State aud substituttag bo- mau fellibility for thore pers nel convivtions of religious belicf which every one thould exercise for himself, and for the exercise of which every one is responsible. In what mapnor it may he proper for our gov-rament to prevent this grave question to otber governments, I do not undertake at present to sey I ehall move its refur- exce to the Committee on Foreign Relations, ferling sa ed that they will give it their earmest attention and | inthe hope thut they will make a report which will be authoritative ax the expres-ton of our views, and still miore those of our constituents. Whatever communications the Executive may open with forciga powers, certainly there can be no objestion to firm and friendly represen- tations, and I capnot doubt that these deolarations of the wishes of (he American poople will have wolgitt evory where; aud Tam eati-fied they will ere long produce a selntary effect in rome countries, and eventually ia all. kind of interposition which well befits thix re- public; and we have cause to feel gratified that the op portunity is offered us of aidiug in @ work whioh com- menés itself to our consideration by the highest motives that cap inflacncs human setion; and Iam free to con- fees, air, thatfor myself, I rejoice at the occasion thus ‘iven tous, while pleading forthe full toleration of re- igion to bear our testitacuy to its priceless value. Tn- dependent of its connexton with the human destiny beteafter. I believe the fate of republican goveraments indicolubly bound wp with the fate of the Christian re ligion, that people who reject its holy faith will find themselves the slaves of theie own evil passions and of arbitrary power; and I am free to sckaowledge that I do wot see altogether without anxiety rome of the signs which, shadowed forth around us by and lated pas- tion with others, are producing founders and follow- crs of strange doctrines. whose tendencles itis easter to perecive than it {ste sceouu: for theit erwin and pro. gress: but they will dnd chet remedy, mot 1a l-gisiation Dut in « round religious opinion, whother they moulorte an appeal to God. by micans of stools, and stones. and rappings, (the Intest and the mot rivicuious experiment upon human credulity.) or whether they seek to pervert the Ecriptuzes to the purposes of their Mbidiaous pas-tons, by des*roying t rd of religion and facial order, the institution of marriage, aud by leading lives of un- restrained intercourse—thas making provelytes to a mi- seinble imposturo, unworthy of our nature, by tha tom tetions of unbridled (ust This came trial was made in Germany some three centuries azo in a period of strange abovsinetions, aud failed. I will fail bere. Where the Word of God is free to ail no suoh vile doatrine oan per- | manertly estabiiah itself, Mr. Hary (freescil) of N H.. sald that he approved highly of the oFject ot the memorial, but he did no’ see low this country could make auch un appeal. Religious freedom was forbidden by the Inw# of those European ations. ard the memorial just prevented prayed ths ia- terporition of this government. in order that retigioua freedom might be permitted, Was not 1bis akieg for the admission and observance by those nations of « law igh ertben the supreme low of the land? Was not thie spreading @ higher lew?” The doctrine of a higher Inw had been condemned in thir couotry No lew higher thon the Keliimore platform und the Fugitive Slave act was to be allowed and yet this memorial co bighly com- menaed by the Senatce from Michigan, sought to catab- lish ‘p other countries a law higher than their own thought the object couzht a moat commendavle ono He would be gisd (hat wil nartons rhould be taugl there wat a Gadi Whore Jawe and commipdas were #0 preme; but he did not think this was the nation to end forth inisedonaries to preach that doctrine We woro the inst people im the worla te make that appeal. Mr Cass.—If I understood what the donator meant, I ope reply to him, +—The diffioul’y ts, that T meant just what I vohan unusual thing hero that the Sens tor camnot understend me, (Lavghter.) ‘The memorial was thew referred. 2 FOR INFOMATION COV= FAIRS. raid that the Senatora Mr. Mason, (Gem.) | who, whem the resolution cvlling for ieformation r-lative to ex the receipt of the information seked for ‘ba Was under consideration, proposed to debate the ot, had concluded to acjourn the dobste till stter Uader those cirenmetances ho asked that the recolution bs now pass ed, The resolution wae then taken up and adopted. RELIEF BILLS PASSED ‘The bill for the relief of RB Lee was passed " i for the relief of the heire ef Vol, H. C, Miler a The bill for the relief of James Wormatay was pasaed. COMMODORE MORGAN'S CRUIKE IN THE MEDITERRANEAN. Mr Marv offerod « revolution which was laid orer. oall- ing for information relattye to Commodore Morgan's ervise in the Mediterranean MILITARY REAERVED LaND GRANTED TO LOUIMLANA ‘The bill grantivg to Loniaiava the military reserve at Fert Jerup for a temtnary was parsed COMPED SATION FOR Li ‘The bi compensatirg Maino aud Maseo! Jond+ taken trom them by the treaty of Washington, was taken up pased. apd then recomeidered. PENSIUNS FOR THE WIDOWS OF REVOLUTIONARY SOLDIERS, The Dill to revive cartain ects granting pensions to widows of revolutionary soldiers was taken up. debated, avo was still urder consideration when the Sonate ad- journed. House of Representatives, Wastuworom, Jan, 8, 1852 swaMr Lamps. Mr, Davia, (dem.) of Indiana, tntroduoad # bil for the adjournment of sales and locations comfteting with awemp lands selected. Keferred to the Comzalttes om Public Lands, Mr, Hovsvow, (Gem.) of Alabama moved the Hous) go into Committee of the Whole on tie state of tho Unioa, for the purpose of taking up the GENERAL APPROPRIATION NILLA. ‘The question wae decided afiirmatively—yoas 55, nays 61. Mr Ricstanveow. (dem.) of Tl. was called to the chalr, The committee took up the bill for the paymeat of Navy pentions. and after reading without debate, it was laid aside to be reported to the House, ‘rhe Invalid Pension bill was vimilarly treated. ‘The Military Academy bill wea taken up. OUR RELATIONS WITH OTHER COUNTRIES=ANNRXATION AD INTERVENTION PRINCIPLES DI4CUSSED == ONSLAUONT ON KoneUTH, Ete Mr. Vewante (dem ) of N.C, arose and spoke of our forefon relations. He said that they who have watched recent events must be satisfied that a very important change bes taken place in public opinion in relation to matters which deeply soncerm the interosta of oar coan- ‘There was a time when it waa supposed we had ter- ritory enough on whieh to employ our caplie! and Labor. He approved of the annexation of Texas, apd sanotiousd the aequisition cf Louisiana. bicause it commanded the wealth of the Miseieippi. But in this age of progress we have heard it said in bygh places that we have the city of swallowing Mexico and then annexing the is! thereto—fuch Is our power of expansion. And. again, #e have feen men chalk out an Immense area of th: tbrougbout whieh iiberty {x to be propagated against intervention of all sorta. When a for:igner Koseuth. was here @ year ago, and who sought to involve us in the trouhies of Enrops. Mr V. denounced bis machingtions us fraught with danger to our best in- teresta. Kossuth made strong appeals to the govern- ment and people and filled hie pockets with mone; He is now Hapa! 8 oo and it wea suppored Ke would remain so antil his funds ehail all be ed. Mr repeated be was rguinat intervention, be and bia constituents are comserva'ive, and bee i stenmers, | bo was unwilling to opply a policy to the couutey that would not apply to them Withregaré tothe invasion of Cuba, he mourned tho fate of those who suffered tho ally of their Serhnees, but justified the Ginger rf not encouraging that expogition. If bans landed on the coast of North Carolina to revolutionize our government, the peopie of that State would bave banged them with s grape vino. without the formaltty of @ trinl. Ife eould not, therefore, aay that Spsin did wrong in pursuing the prinoiple of self preservation. Permit this spirit to have full swoop, and permi: our people to go as the absorbers of adjoining mutions, and we will concenrtate tho ill-will of Chris- tendom, and it ought to be upen us. What {5 true in private life is true in tics. Where nations have commitied co imes, syd trampled on humaa rights, they have gathered together the fuel whisk the breath of Heavea bas kiadled wo theic dostruction And, in this conaection, be tioned severe aaemorabie historical instanc+s, Our citizens who desire to invate Cuda, in viclation of trestive end the laws of tae laud endeavor to excite sympathy and etrength by saying that Cubs committed the wrong snd killed some of our poopie. But false witnesses have ben raised agaivet Cuva, if the United States are to beoome the propagundists of Mberty throughout tbe world and beocms @ navicn of bucedneori, aad sppropriate to theamwelves all the terci- tories of our neighbora, thew im face of the world and ef God he washed bis hagas ot it, They are cloan. It was es and mest dampabie guilt He would siaud up sor the loctrine announced by Monroe, and resist the attempts of foreign powers to set up goveromonts om this ovati nent While be would not con-eat tna: Cubs shall pass into the porcession of aay other power, he wi that Spain shell hoid it forever. * buliow bo better, unleas we got it by purchase pass from Spal onorable purty te the transatiou. Sp us sternly to bell Oubs as we would to scil Ni as hong 08 we commit outrage aq ment revolution tm Cuba the m r coustry will be more and mere unwilling to soll, It was raid tha Mr. Calhoun was for takiog Uuba, right or wrong. This +as amistake, fo far from this thas distinguiched stator man remarked to him. on his dos'h bet that “Cuba Rivet come fo us by treaty, honorab!+ and sa'isfso'ory to both.counties;”” and he tnd totwo gontieman from that island, “Cuba and tbe peopie are not ripafor revo this would It oa oever without the United Siutes neimg aa bas retused lution, and the expedition of Lopua will bs & failwe' Theee were the words of a man purer than whom never existed Ax to the compromise menmures, he was not williug to distard 'me luwa he was hound to chey, [He would pot propheay evil concerning tbe fucur, but he could nos be tgnoreat ot the fect thatthe acquisiuon of mew tereitory will ce- open the controversy. which hes been ia some measure quieted, and it would break forth with ceuewoa vigor over our land — Apeim would we the negroes of uba free, axd we would then bave auotber San Domingo in ‘ha; querter, Nor did he wept Usosta We have,ta oar broad land, tersitory coongh. Ge was a conservative, find for the protecvion of the property and rigiws of out neigkbors. We canvot live in good usigabwraood tf we viou.te treaty stipulations Hs repea’ed. bs was agiiast the propegendiats of the greet principle of free go rera- Dent Wits those be had no aflitiation Although dia senting in mung things from Mix Filmore be avpcoved his course on the Cuban ques lop, wud #expres-ed tue hove thal the incoming admivi-tracton #11 maiutaia » polisy pure and stainiece on tue satjeot, He had determined (hue emily in the session to minke Koowa bis opiatons ani to tolewaly protest ogeinat. the policy which goer to the ab sorption of the territory of adjoining tetivas te mete some further remarks pport of the positions as- sun ed Dir, Srevarens. (whIg.) of Goo. eaid the gontlea.an had been kicking a deat lion Fillibuvenmg ras wt par eightcen months ago bat he believed is Rud wow fa eo decidedly below par. Be (Mr. S:epbeos) was not ta favor of taking Cubs, but wee nov willing to deolare that ne would not have Cuba under any circumstances, nor did be think It proper to say it was best for Spain to have Cabs Lat the future take care ot rtewt. Ho was witiog to decinre, a3 be did two years ago, chat he bad no desire for Cubs. He did not see what benefit it would be to ua, but he did net krow what would oocur to render its a> quisition desirable. He trusted the dav would never come when violenoe would be resorted to for this puryore, He was for peace. but if war must come, we mast by Pees for it Lf offences must reeds come, wor to im by whom they oome He aid not know. and under stend. and see the object apd pri pore ousting te Cuba question ot present. The ganth oon from Noren Carolina spoke of the fearful agiiari: 2 whieh we lately pasted. ‘Che gentleman spoke of .» reluctance with which he swallowed the ecmiprowlse aersures, wud thew apimacveried on the danger of tie acquintion of Cuba. But whatis the gr priectple of the compro mise? Why, that 50 farus territory is coaosrned, the general government hes no tight to intertere with ths people, who can and would form their goverament just aa tbey pleased, Mr. Vexanie interposed, saying the acquisition of myoes boesltory; according to his opinion, was an opea question Mr. Sivrticrs resumed Tho gentiomansatd that the forcible taking possesrion of Cabs might induce Spsin to etsweod the geatioman avy event, Spaia coa- . Vewantn, tnterropting—I commenced by saying when Ci changes hands the United States must be party to it. MI. Brerarxs-—-But the point of the gentloman’s argu Ment is this—tbat che acquisitioy would beve @ ude: cy to revew ecotional f-eltog. Tu any oveat bo repeat 2, he was against the acquisition ot Cubs at this rime, but if it sLould become # great national cbj-ot he did aot conceive that Ganges was to be apprehended tioval form He had cof-rred to the oo prot acts w ehow that the givtiemsen from North Carolipa was wrong, and his Stace wae cighl ia approving those meas- ures, He coreid-red this aqnesti-n not only for the South, but for the North Tho leading festare inthe eettlement waa that io all territory soquirad and bs lopging to the United States the people au uid bare suck iretitutione as they should eee fir. Lt was the re estab ment of tbe old repablicau principle on whisk our insti tutions tert, namely that all people herve (ao rigus to govern themseives as they please; never take anything wrongfully. but if you carry this prinotpic #ith you you mey ave sn cosas ound re publio—with this p iacipie ¥e can soquire Cobe or any other torcitory, amu have no apprehension of dauger Mr. Barty. (drm.) of Va. ssid this was a question in which he felt a vaet deal ofioterost Es hedjust learned that a resolution intruduceoby @ colleague tu the Senate. caling forloformsiton inte ation to Cuba hes passed that body. and he would wait untii the resolution slull be resporded to before be delivered bis remarks. wanted all the fasts bofore bi Mr_Baown, (@em) of ties, replied toa portion of Mr. Verubic’s remarks, eaying that toe emancipation of tbe claves in Cova would not prererve che istaad to Spein Le thought that the Creoles there, fesiiag oppreesed have the same right to take up arm3 eethe Aulerican col nies had avd that citizens of tae United Stater have as mucd right to belp them as tke Freneh baa to help ws ta our revolucionary struggle, Our forefathers were not busoaneers, nor wae cho Frenoh who came to our resoue im that glorious ovatest, Tho gentl-inon trom North Carolina aid not draw a proper dietinction between the acts of the government und thoes of ‘be people. Tho Craimotan bere ivterposed, oailing gentlemon to order. end enying the conversation was co loud is was Imposidle tor the reportore to heat Mr Rxown resumed accusing his State rights friend of baving deserted his former ground aod saying, tf I go for tho acquisition of Cubs ac all or other foreiga tor: ritery. let it be undersiood it is bdeosc-e FT want an outlet for slavery I om ty fre to say I am wot going to seoond any filiibustering expedition against G or uy other part of the world. but Iam for deimendiag Su. exaotiag wt all timas, and under ali ciroumstunces proper reepeo: for the flag of this country; and. if Im doing th» we become in- | volved iu var with Spain or amy other aation [wm for figh ing it out; end it in the gomeral settlemont. we can get mechiug but land Tam wilitng to take that (Laugh ter.) bit Grown them censured the remi-+ ness ot the ad minittration ov Coben affairs and trusted that the o1 inerming iid demand retifastion for ths offesoes blurred over by the reieing adm ulsteat on, He said, most emphaticely avd distinatiy that he did net desire our goverpine nc to provoke 4 quarrel w.th spaia He do- sired peace with her Le war content if dpain coult hod Cobe firmly, ther sbe shail doro He however. would make bo cgreement againat aoquiettion, bat If Apain sh old poet with Oubs, wo shouts have it. The speech of the gentieman from North Catoliaa must induce the public 10 hold on and besitate agelost acquiring Cubs wwder apy clroumstamess (During this apeech M Bown repeateély gave way (o Ar. Venabla for explana: tions.) PaMr. Wi. ox. (dem ) of Mise. endorsed. in toto, the re- marks of Mr Stephens Ge beped the incomieg ad. minie'ration would be cbaraoteriaad by the spirit of con servation lie Grurted that esonomy. retrevoh ment and reform wonld be carried out, and that ‘ne banuer of psace would be up'urld at the commen rement of the administration He was not prepared to say he waa not. in favor of the nog! present he was o A, menner or form ebatever, because he coaceived that the Wants end emergencies of government do not require it, but be was not prepared to ray he was op 0rd to acqale. ing Cuba at eny time becanse the time may come when a portion of this confederation, forgetful of the princtples which binds the States teaethor. may make the aoquisi- tion pag esp ney peacefully if possible~it not. at all bovarde, dey 18 not distant whoa we will have an covan bound republic He them proceeded to give his views in favor of the Sonate’s resoiution proposing to confer the tite of Lieutonant General on Gen, Scott Mr Pox, (dem) of Tenn. obtained the floor when the committee rore, and the Louse passed the bills for the payment of the Nary and Invalid Pensions. BANK NOTEA IN THE DISTRICT OF COLUMMIA. Mr Fiextan. (dem) of DL, reported « biil prohibiting notes under five dollars as a curronoy In the Distelot of Columbia which was referred to the Committee of the Whole on the State of the Union. and mado the apesil order of the day tor to morrow weok. ‘The House then adjour Another Futal Mallrond Accident, Brvonamtom, Jan, 8, 1853, ‘The mail train bound east on the Frle line. lart nlight. ren off the ireck near this place, im consequence of the outpable negirct of the ewitchman. The engine and onre went through the bridge over the plank road jast west of the Chenango river The fireman was killed, and the engineer badly sonlded: but no passengers wore variously igatea. ‘The negligent ewitob:aan has abeconded. The James Adger at 6 Charleston, penton. Jam. 1. 18653. ‘The U.S Meil steamship James Adger, Capt, Diok- Incen arrived at hor wharf bees lat (Pridey) might L Sad pt halt past nine o'alosk, Arrive ahe Steamshi 1 of ee ‘Washington at Bostox, Jan. 3, 1858, ‘The steamship Woskaingtom, Capt, Fitch, from Bremes, Dee. 2, and Southamptom Des. 13, for New York, put into this port this morving short of coal, aud with the loss of foretopenil yard, having experioneed very heavy weatlaer. Bho will take in a supply of coal, am? probably proceed ts New York early to. morrow morning. ‘The following is a list of hor passengers, mamy of whom left for New York by the trai this afternoon :-~ ¥ Shultz sud Mrw Shultz, M Garricon and Mrs Gaerison, T Wagner, G W ftockman, M Mangum and A Rendie, of U :C Hauoum end Wie Kacobeaio, of Groat Britain; M Schulty, 86 Ruohiirg, A Lauksnben, D Wirdneun, © Whi Avs V Khren Wesorecks, H Solunidt, C P Mcinsok, Rrtcheat. H Fiiesohman, © Woim, and J Teaenasecha, of Germany; J Brizci Miss Eulet, MM Polanco, J Janoi, @C Loeauorenux. D Gangaia, P ard, M Bg is¢yoml E Rtory, S Evry, A Kencello, and H WiokmAnn, resideaous not given. Highly Interestirg from Haytl. AVAGES OF THK YELLOW FEVE—THE REPORT OF THE ehiZURK OF BAMADA BY THE FRENCH BUL- YOSEP TO BM A HOAX, BTC Bosron, Jan 8. 1568 Coptain Coffin, of the brig Suteliff, arrived this morn ing froma St. Domingo Oity, reports that the black vomit Was till committing ravages there. meny of the orews Of foreign veesels had died. The disease was siso quite fatal omebore swong oles who had died was Var Frenoh Consul The Amoricau Cunsal wad alse boom very Flok but was recovering, Copteip C:ffin sino reporta tbat daring the moath ce mort be was in port at dt Domings be heard uothing of tbe occupation of the pepin-ulsof Saanas by the Freach, acd thinks the repert must be Ineorrect, From Baltmore, CHOLBRA IN CHARLESTON FALL OF ANOTHER Guals WARKHOUSE— BRIG O10 BUNK, Bactimons Jan. 3, We bays no Mail to ight cou bef Savannah There weer twenty-teo deaths by cholers at Oharteston last week pine shites wed thirtees meg’ 4 warrlouse. cooupied by Messrs, Rameys for whent etornge Cu hemenstroet ta this sity, fell wish a great orasit to ay, in con-equencs of batng overloaded {u the Uppok tiortes, Some arrow eecapas were mads by thors who were ip the building at the time, The rteamer Patmette, which arived hers from Obarieetow, orm in colton tast night, with the brig Ohio treco Beitamore tor Wopile. Che dhio sank aimost imaedivtely but ail on board sora saved, exooot a youug child, tne Okie beionged to Baring Kitby & Jo, aod Bas ineured for LO GW) Lhe Vaimetco was comsiieraviy damaged. sox Sam, 3, 1853, Benjamin Brown of Fxeter. & L, committed suicide ip tat plage om sunday moraing ' He is aupposet ¢o have been insane Bope—Progrens of Briuteh (From the Boston Times, Ja By tho arrive! yesterday at this port of the fast sailing clipper bark springhok, Captain Mayo, we bave reootved Cape Coen pepers of tho 20¢7 of No vember Among the paswugers im the Springbok wre tho Rev B Gross und family Tie aaip Willisw Frothing’ » from New York for Aust Tia, put into Cape Town for water, and sailed again ov ibe 14th ot November, From the Gape Town Advertiser, Nov. 20, we make the following extracts :— During the lust two werk the process of extingulehing the revolt ip Caff.adie und the rebeliton on the eastern borders has been pursued without invermisstom, sad cho cpemy bas vowsere rallied in apy foros Mareading artes, however. etl infest the froptior districts, and bberies and murders ure still reported dows to the vet dates None of the bostil« Kaffic chiefs, or loaders of the rebei Hottenrots, have yet surrendered or been ceptured. Where they are or what may be their int tics is wot known ~ Seyolo, au inferior Slambie chia, who joined the Gaikas. having eurcondered, was tried isst week by @ ovurt murtivl apd sent-nced to death which nate the Governor O38 commuted to transportation for li Owing to some movemcnt im the Orange river cove relent ste. exact nature o' which has not tranrpired, a large ly of troops, from 1,600 to 2.004, it is aaid, has beon ordered. ana it now marching to that quarcer. It will be reoolleoteo that. in 1648, Sir H. Smith proclaimed hee Mojerty’s aovereignty over exrtain territories moth ot the gies’ Orengo river, (ncludiog the countries of Mosiech Moroko Moliteani, Simkonyale, Adam Ko¥, ert far 200k. wd to the Vaux lamba mount jeety bas accepted this aasi'ion to her dominions in southern Africa sed constituted therein a distinet and * parate govermment under the de-ignation of the Orange River Derritory—dietines and repurate ix ail reapeots ju- Gioial as Well we political. from the colony of the Cape of Good Hops No iaw custom or usage now in force in the Cape rattlement, shail extend to or become of force in the Rew territory. The orcetion of this prs of the country into a seperate fovereiguty does not appoac to give much autisfaction, especiaily, it appears, on account of the Counoi) being nominated oy the Crown instead elected by the pooplo. Toa constitution of the Caje colony itself granted in May, 1550, by letrera patent, bae 1. finally posponed, or eus- pended sine die, or, which the Advertiser rogacda a6 the same thing, uutil hor Mojesty's ministers siaall huve received General Cathcaci’s “opinion with ro- gard to the division of the colony into two gover: ments The royal mail stonmship Harbiager, from India aud Maurtius, arrived in Uable Bay, Noy. 13, and euiled same day for Eogiand. other minor ohiefs 60 fac north as ra 4 Sneexisa Muxpens in New Jrusey --Oo Friday night lat. two chilaren of ‘lmothy O'iiilea were mur dered by @ mam nsacd Keating, as it_is supposed, im Warbugton towarbtp Bergen county. N J., umier cir- cumstapers peculiarly revoliwg and bortible the annex. ed partioulsrs of which we gather from the Newark Ad vertiser years sinoe, and placed $106 im the beods of O'briea, with whom be oa’ Sovings Bank, New benefit of O'iriens children — Shortly Wii is about 65 years old, wished to marry York for the atter Eatin O'Brien's daughter, a gizloniy 11 sear cld, urging as an inducement the moaey be bad give which he thrratened to withorew unless hix request was complied with O'Briea of course refused. and offered to return the money but the maiter apparentiy was atoiorbly arranged at the time, Om Thusscey Mrs O'Brien went to New York on a yisit and 0 Brien. baving oo Friday gone to work about a mile distunt, left Keting im obarge of the two ohildrom, Noi of the parents returned on Friday. aud the geigh- cing that there oiigbtin O'trivn’s houve were astonished, aud aftar knocking several times, received no aurwor when they nent for O'Brien After ho’arrlved th y entered, when # horrible Haht was presented. (be littiv girl lay on the floor with ber head entirely severed from ber body, aud om a port mortem examinetion it eas discovered that her person had been violated. The boy, about ning years old. was found in seine ehubbery tes the house. bis heud also cut off with jury as he fe well knows it isto bs bopod thes bo may be ar ret d. Witiem Caton, the supjoeed murderer of the two children is. beyond a doubt. siroltag avout im the upper pert of Uhis city, a8 @ man beariag the excot deseription of Caton was even In the Seventh evenue on New Year's day. Ye osiled at the house of Mr.J © Coleman, No 3 eve ‘Ave. and appenred to Kot Very Firanesly. Mr. Coleman gave him rome divuse. Caton then ieft, and that nigh’ he Went to the “ixiesnth ward police statio how d asked for lodging. The police gave hi jodying ané during the vight he was beard to groan and wake Dnaccountstio noises while deeping In the morn jug a8 BO charge was pending against him, he wa'ked off and on Sumday night was again in the Soventh averur, at on oyster cellar. and In the course of conver- extion Caton remarked that he tuoagbt of going to \tatem Ieland forthe purpere of procuring work, It ir firmiy believed that the individual aliuded to is Caton, aud that he is eGil strolling sbout in some of the u sd wards of the olty umder a deranged state of mled. he «lice lest evening, thought they would eucosed in twhing him Inte custody before morning Kingston; M Watters, U. 3 N; W. V. Barkelow, Oin- cinnati; Fdwerd Bartlett, Tarrytown; Lisut. Jones, U &. 8 ; Golove: George A Stoddart Connecti Morrow, fouth Carolina; Memry Senter, Bt Loui: a Breese, U.B..N.; AM.’ Smith, Virginta; A. W. Cutter, Buffalo; B Sumner. B. A Harden, Massachusetts; W Haight’ Havana; Dr. JI Mennedy, Maryland; EB. W. Gamble, Florida At the Actor—Ton. D. Bb Mudge, Misdselppi; A. 1. Uaeeiton New Orleans; W. B Richmond. RE; W. 8 Colewwn Elmira; M. Alvari McKend, England; Mr. Edwards. (teveland; W. Wardroope, ates mer Pacific, Captain West Philadelphia; H. Ward, Valparairo; i Werner Boston. At the Irving—Myjor Brooks, R. T. Covell, Boston; Major Bee, Caitiornix; J J. Chorlton, Quebec: P. Har vey Buttaio; © Robb. Hamilton; J Kershaw, Canada; De, Wheelwright U 8 N.; Hon J W Miller. Ohio; W. Snoddy. Louieville: Hon J, Macomber, Onio; Hon, J Mager. Baltjuore; Hon. A Commings, Maryland. Atthe American—M_ Hemmirgs, Washington; W. Emerton. W. Bel Phiiadelphin, J Spantding. Mas fechveette; A. Rarrett. Wilmington; Lt Stillweger, U. 3, N ; W, Crofferd, W. Lawrence, Borton; P. Southworth, Hartford Rev Dr Obepin of this city, is announced to deliver a lecture in Baltimore this evening, It fe stated that the Hon Kaward Stanly. of North Caroline decigne removing to California, where ho pro- pores to praotion his profession Hon J W MoWorkie MC frerm California, arrived at Columbus Obie op the Sist ultimo, Hon. Horace Manu delivered @ lecture at Chicago ou the 50th ultim: Supreme Court—Special Term, '« ,_ Betore Hom, Judge Rdwurds Jan, 3° the matter of the First svonte, the motion to confirm the report of the commissioners was ect down for 17th cf January, instaat, MORNING EDITION----TUESDAY, JANUARY 4, 1853. PRICE TWO CENTS. Brooklyn City Intelligence. FIRST MEBTING OF THE NEW COMMON WOUNCIL—- MESSAGE OF THE MAYOR. Last evening the first meeting of the new Bosrd of Aldermen took place in the Common Council Chamber at the Gity Hal. ‘The a created more than usual iv- te af, and loug before organization tho hall was dencely packed with epcotators, At seven o’slook, A. W. Aar- teau was, on motion, appointed President pro tem . after which Alderman Hauxhurst moved that the Bosrd go in'o excoutive ression for the election of officers, which gave Tire to @ lemgthy discussion on the question as to whet hor the Board of Aldermen was or was not a continuous body, It was ultimately decided that it was, w the Board Proceeded to ballvt for President, resulting as col- Lows :--Whoie number of votes cast, 21; of which Join Rive. (dem) reectvea 13 ; Charles R. Marvin. (whiz ,) 6; Sbraam B Baylis b; blank, L. John too having rortved 8 majority of the whole number of rolex war dorlawed eleoted. “The Buard then adjoumed from oxo. cutive’ sestion aud a commiltee was appointed to watt on tht Mapor dwerd A. Lerobert, Keg, umd infor btu that tho Board was resay to reocive way commun be mighesire to Isy before then The Mayor after enimend and delivered bis inavgw al wddross, of which the following i aw abstraot :- fe oalls atien bo the defect iu clesning Une streets under the old onntract system, and wees the consideration and edoption of othor mesaures widoly would prove mote effective, Ho goes into » bivtory of the Sunday ordimanos and alo thas (be parenge of the lew was considered noceaa- to repress toe growing otime of drunieours, und is convinced thet same tenths of our citizens are favorable to its OOnbinuanee sod proper suforcement. The waier prijcet isnot alkaded to. in whtoh he recommend# chat | the pian proposed by Mr. Dic atpine, for supplyiag the city with wucer he sdopved. Tho aggregs'c cost ts enti mated at $3 106655 wreraging $23 to each lobabitant. He dwelin at length upon the advantages that would artre therefrom—is the matter of insurance alone up- wards of $100,000 could be raved annually. Inaltusions to the Fire’Departmett be states thet the presout eflestive force conrtate of cigltoen enginur three hose. four hook art ludder trucks, one buoket compaur, and 860 active Wombers; (peats in terms of praise of the departmeat ‘Wrvetally. and oondewns the turouient piri! heretotere maaiferted by a email portion. Of the pelios, he urges the neoessity of appoiatiog men of soand hea'th and cor. rect babita, and recommends 8 more equal distribution of the force among the d Jeceat wards, In regard to the quention peuding between Brooklyn and Now York, es to ayor aaysisim course i boon engages, in with our conaselict. on hebals of the city of Brookiyo, and there ie reasonable expeotation, touuded Ow the jurtiow of our cause that ultimately we shall be put Ip porseerion of our rigkte.«o long withheld. His Honor Gwelis at lengta upom the mettera at issue ba- tween the United states government and city of Brookiyn, in refeeecee to the possession of a atrip ot land at the Wel- labous, and zecommends ths appoimturont of a commmittes to confer with the administration at Washington being convinced that asetinfactory arramgemen: can be oil In allueion to the threst nade by the Scorotary of th in bis report, ro remove the navy yard, it certain claimeé wers not relinquished by tho olty of Brooklyn, the Mayor thinks that suoh a consummation would not be Cutcimentai to our hiterssts asmcity Tho following staiement exiobite the condition and Uabililies of the City Treasury up to Jannary 1, 1853:— the funced debt amomata to... c Deduct the am the credit of the Commirsioncrs he Sinking Fund Totel dedt...... PEND C eee Deoreese of deity during “the past yaar, being aa sosomolation to the sinking Fund the right to estuplish ferries the $1,129,540 42 $798,081 11 : TAL 46 last year, ea far ns re- bolidings e ported, ie set down at 2 600, ‘The total pumber of gee mains in the city ceach a dix- fanoe of 59 mies 22 of which were laid ditring the past year During tho seme perlod, 1,202 gee lamps have Ween erected ‘The inorenee of taxable proverty over ths previous year. emounts to $12 600.000, and the population of the city is at presemt estimated at ome huadrod and twonty thousand. On motion, 1,090 copies of the measege were ordered to ‘be priated. The Presicont. Alderman Ricr in taking his seat made 0 brief end appropr ate addres, atter which on election Merk vee ¢uterea into, which re-ulted as follows: — Joeph Hegeman, dem 13 votes, Wa, MM. Boerum, whig ® do. Whole number....... Mr. Board procecded to chcose # City ‘Treasurer, which ro- sulted in the election of Alexander M Mul‘ord; Mathew Wendell, the prevent incumbent, was elected Heaith FEbysician, Robert Bovard, Meswepger of the Bourd, and Peter Van Dyne, Clerk of the market ‘The standing committees wore appointed. and the regu- 23 Regeman was deolatcd duly elocied, and the ard A. Lambert Chief of Petco Joba 8, Folk. silder men. lst Word—Charles HM Holt. Wm. W. Gren. 24 do Kotwetl C Brainard, James Ml, Nectoy. Sa do El Mervill Charles N. Marem. 4th do Sunuel Booth. Chines ©. th do Patrick H, Morris, Lesmue! ls. Hawhurst. 6th do George Remon, John Ric Tih do Samuel Grabam, Martia Bvane Sih do Peter Wyokoit Jr , Joseph Wire vih do Joseph Oliver, Montgomery 10th do Elisha W. Hinman 1. B, Baylis. Uth do Johu A Daytom Henry Hartean ‘Those in italics are whige; those in Romsn demo- rele) The fret named im each ward are now members, and by virtue of their oiios as Alaermen are also mem- bers of the Hoard of Bupervirore, ‘Lhe county ofhcers who axumed thole duties on the ist ineten:, are— if—Bogelbert Lott. Coury Clerke-Chailes A. Denike. Register—Wm, Marebatt Tax Compitios or THe 1 =The general term of the Supreme Court. before Judges Barculo, Brows, avd Moree was commenced yesterday, but im couse. quence of the uncomforiable condition of the court room arieing from the «mony condition of the flues, the follow ing order wax made and entered upoa the minutes :— ‘The Grand Jury. st the last Ciroutt Court baving pre- ernted the court room w+ & autesuce. and unsafe to ha oc cupied. aud an order having been made thereapon. r quiting the Sheriff to foraish anotber rcom which order bea not beew obeyed. and it appearing to the oourt at this me that the room is uncourfortabie, sud «holly unfit for the trauraction of bu ines it is ordered (bat the court be adjourned to meet again in the Court House in Pougbheepric. on Wedmeedsy next at Li o'clock AM. ArvowstMasis my Tur CouNTY Obeax —Tharles W Thowne was yesterday sppointed Deputy County Clerk and Charles &. Davie, Spocial Deputy and Clerk of the Supreme end other eourts, Waltack’s Pheatre, TO THE EDITOR OF TH HERALD Warrack's Tararns, Jam. 3 Dean Gin—T em mugh averco to putting ay nam nt oxoept os manager or actor, that ts, mes Tam compalied to do eo, ine ve 1 doit in self defence. 1 Cave sesd fn severrt of the public orints Lately that “my theatre 28 on ths decline”! that sudienses are thinning off &>. &o.; and that my deing 90 very ill confined to my howe. and unable to attend to my pro- fegetonnl afleirs. Is mearurably the cause. From the kiud regrets expressed ta the same articles, Va anxious to believe that the writors of them would vish it were otherwite, Thatie ifit were eo—hut it i# not My thestre does occasionally feed, {n degree the ef. fect of very bud wentuer, of which lately there haa b a diregreratie quantity; but even then, my audiences pever fall below w satisfactory average—and tLe mou the “sun rhines” again I assure you. sir, we ‘make hay”? ata very fine and rapid rate, ro ne to be quite content to bow cheerfully and gratefully to the vocarional cheoxs which Providence may ordain to s continuous aad unin weatupted harvest. esto my health, I thank God 1 am able to attend to my affuirs. ard Ido; that is if daily and nightly buet nese tyansacted on tay stage and in my office be any proof of it And if this will not do, I have @ great mind to tbresten my reevpearanoe On“ the boards” for another t forty wighte to prove the feet. But with the exe “ cope drametique” Lhave the honor to control. {| am tenacious of thrusting inyeelf ta uumeoeseacily to inter fee with their admirable doings. The present The erroneous reports I have alluded to might tend ultimately to do harm to an establithkment of a dramatic nature ; therefore te stop that tendemey. and to reassure ay friends, (apd I chould be indeed ungrateful dio T mot believe that I bare very many in this cront sity.) that is. if apy cf them have been startled I addros* you this note, hoping you wili give it ®oormeria your wide spread- ing Journal. a comclusion, should the remainder of the present sea- son keep pace in succees with the portion siready com- pleted. I sball be heartily catlefied with my shate of pobile favor. and the full prosperity of Wallack's Thoatre Lhave the bonor to be, air, yours obrdiently. J. W. WALLACK Polica Intelligence, Burgla y\—OMoer Fuimer, of the Ninetesnth ward, on Sunday might. arrested » man, calling bineeif James McDermott, on a charge of burgleriously forcing open the grocery store situated at the corner of Forty. dist street and [bird avenue, cocupied by Mr. Oharies Jagor. The rogue it reems bad forced off the iron bar whiob fas tened the shutters and had already taken down two of them In reediners to cuter, when the policeman discover ed the operation and suceerded io bee Bese burglar into custody. The accured was conveyed before Justice Stoart, who committed bim to prison for trial, Stalted in the Eye with o KnifeThe polioe yesterday were oatled ppon to arrest a man, called George Dorr. on 4 chorge of violently serauiting ono George Rink. reetding at No 85 Laurens street, wi huife. inflicting a stad in the eye, thereby dertroy’ elght. Vhe complainant appeared before Jnotice Att who took tho necomary atidevit ceepecting the aeseult and @ warrant was Itsued for the epprehension of the offender Court Calendar This Day Burnsmn Counr,—Cirenii—Nos 3, 4, 13,16 (0 95 27, 98. Special Term. Nos 1, 8, 16 to 28. Common Pivas.— Part Pirst—Nos, 21. 25, 31,83, 35, 37, 80, 41. 48. 45 47, 61, 5:5. 56.57 Part Beoond—Nos. 6, 16, 24, 28 98 90' 84’ 34 36, 38, 40, 42 44 46 non Court. (Two Branches) —Nos. 4. 16, 17, 18, 28, 27. 80, 87.98 20, 40, 41, 42, 48.44. 46, 47. 48, 4, 60, BA, 62. 63, 84, 65, 66, 67, 68, 60, 66, 61, 62, 68, 64, 66, 06, OT Whe Mason Will Case. SUPREME COURT — CIRCUIT. 3 Before Hon. Judge Rooseveit. Jan. 3—In the Matter of the Probate of the Wil of Jahn Mason —This great cese. which has been in litigation for thirteen ye.\8, and which involves a vast amount of moncy, was iltis worning opened before a jury for a finat cetermination of We question of fact, whother Mr. Joha Meson made the wit in question, or whether it was. ee is @lleged, made for Wim by his sonsin-law and his dacgbters, The lo looked for facts will mow be dis- closed in the evidence \Yhich will be opened on Taesday morting. Iminent cou sel are engaged oa both sides. Meers. F. B. Cutting, D. Lord. and Bidwell, appear fer the executors in sup, Wrt of the will, end’ Messrs, Charles O'Conor, Hoffman, .¥. R. King, and Robertson, im opposition bo its validity, A fter argu: it. the conrt de- cided that the couasel’ appe. ing in support of the will had the affirmative. and ther Yore the rigbt to the opem g und closing of iMe case. .Nc. Cutting then opened the cuse for the executors. Tu €? is eroat interest felt in the matter. which wo presume Will now be desided ina tew days. Joba Muson,of the city of New York, departed Hite on the 46th day of Septemt wr, 1850, baving pre- nly, #6 ia alleged, ramde aad exec Utow Li: les: wit wad | tetament, in which he devised aad b equeatied both real ond personal estate, ant tu which he nominated andap- pointed Iseac Jones as Ont ef the exec utors thereof Da- crewed lett bisa surviving—Mary Jon \*, Rebecon Jones, Helen Alston, John Mason, Jr, Sarah J wack Aamaiorsle: navits; George A. Jones, Arthur M. Jox ws, Serena Joule Fraxces Jones, Rebecea M. Jones, and M wrgaret Jones, | the city of New York minory; and James Wavon, of Oyater Dey, on adult, Henry Mason c¢ Albany am taor: and (elem Alsion, of Georgetown. South Carolina, an weal¢ his next of kin and beira at law, Deceased wa & previous to ‘le death, ao imbabitavt of the county o” Jew York. It appears that aliegations, in writing. agalsat the wa- lidity of the will wore filed by Joreph Alston cra Holon, Ins Wife, on the 20th October, 1540, in the oa) of the Surrogate of New York, and such proseedings wore thore~ upon had, that afterwards, on the 20th day of Jems, 1542, the Surrogate by his order, contirned the probate, Joseph Aleton and bis wite, on the 23d of Juce, M42 appealed trom the order of the Surrogate to the Ulroui Jucge of the first olrouit, who afterwards, on the 23d day of November, 1844. by his decision, aflirmed the order of the Surrogate, and directed Joseph Alston aud his wile, persopaily, to pay the costs of the appeal. The last mam- Lioned decision of the Cirouit Judge was certified to the Surrogate, aud was entered im his cftice, om the Mth Gay of Jepuary. 1846, Joseph Alston and his wife have eppealed from the whole of the decijion of the Gircuit {wage The following 1s @ copy of the will of John Mason:— tp the name of God Amen I Jona Mason, of the oity of New York, gemtieman, being of asound 6'sposing tulad, and memory and understanding do In and by these presenta moke, éxecute and publish, my lest willand testament, as follows that is to guy, Virst—I order and direct all my just debts, funeral ex- penses aud testamentary charges to be patd ay soon after my droease as tay be conveniently douse. Becond—-1 give. devise and bequeath unto my beloved Guughter, Mary Jones, the wife of Issec Jones and to her heirs, excoutors. administraters, and nestens forever, the one equal undivided elghth part of all my property an@ estate, both real and personal, whstsoever. Third-—I give, deviee, and bequeath unto my beloved davgbter, Rebeces Jones, the widow of Isaac C. J deceseed, and to her heirs, exeoutors, administrators, assigns ferever, one other equal undivided eighth part of all my preperty and estate, both real and personal, what- sorver. Fourth—T do give, device. and bequeath unto Geange Jones, the husband of my deceased beloved daughter Se- rena, and to ber children by bim, and,to their re-peotive heirs, executors, administrators. and assigns forever, one ccher equal undivided eighth part of ali my: proparty an@ «state, both res] and personal, whataoover; the share. es- Cate and interest of the «: George Jones, in the sal@ last montioned eighth part, to be the same in right of kis aid deconeed wite, as If she were now living should. survive me, to the end that he may not ve prejadioed ky ber death before me toaching ber share and portion im my estate and property, either renl or pertona:, the eal@ ebiidren taking under this my will their respeotive shares, cetates, and interesis im the real estate of the said last mentioned eighth part only after the death of their sald: tether. equally, or hare aod share alike. Fifth— I give, devise and beqneath unto my beloved daughter, Sarah Jones Hammersley, the wife of Andrew Gcrdon Hammersley, and to her hetrs. exeoutors, admin- istrstore. and assigns forever. one other equal undivided eighth part of allmy property aud ostate, hoth real amd, perromal, whataoey Slath—The remaining one equal undivided half part et all my property and estate, both real and personal, winet- eocver, L give, devise, and bequeath unto the eaid [sees Jones, George Jones, and Andrew Gordon Hat “ aud the survivors and survivor of thom, their, end helms, exeoutors, barges and a ne trust for the tollowing uses and purposes, “ Yo rent, invest, and improve the seme, at their ands bert discretion. and to eoltect and reovive the rents, prcfits, tmterest, dividends or other Income thereof, by und out of such income, or ¢o auch thereof as muy be necentary for that purpose, to pay the following anaulties, that is to sey- to my beloved daughter, Helen Alston, the wife of Joseph Alston, of Bouth Uarclina, for hor ewm separate use and benefit, aud into her own bends, amd ‘m her own receipt. or toher own written order, to be ven by her from time to tina, as sush payments shell ‘be made, and not by way of anticipation ® clear sumuak ar vuity Of three thousand dolia:s a year; alxo, to my be- toved com Jobn Mason, Jr, a elsar annual anauity ef ivo thousand Coliszs @ year; and also to my beloved som, Juzsoe Maron. a olear appual ansuity of two thoasend five hundred dollars a year; aud also io my beloved Uenry Meson,s clear apnual annuity of two show: five Hungzed dollsrs a year Each of the said four ane ties to be paid in two equal instalments a year, at the end i every *ix calendar monthe, from and after my decease, 4 to be continued during the respective life times ef the before ummed four annuitanta, with te exception ef the said Helen Alston. whose aupuity shall cease whenand if che survive her eaid husband, and sho shall thereusom become entitled, and 1 hereby in that event give dev and bequeath to her, aud to her hetrs, execstora, admit ators, and assigns forever, the ove eqnel undivided jourth part of the anid half partofmy properly and es tate, borh real and personal. Dut should hor said husband survive her, Chen from and after ber decease, I herel rand ditect the said annuity of three thousand dol- & a year to be paid to him in ‘Like seinl-apausl insta- mente. for and during the recidue of his astural life; awd upon the decease of the sald {olen Alston. should abe die tn the life timo of ner eaid busband 1 hereby gi devire and bequeath the said last mentioned one equ ondivided foucth part of the raid half part of my proper= ty and estate, both real and persomsl eubjees Co the said annuity. to ber surviving husband, to ber child, or child~ rem, or other tssue. end bis ber, or their respective heirs, executors, administrators, and aeixna forevor, share share alike, such other issue tekiag by representation, sod not per capr'a. And with regard to ‘gy said two sone James Mason and Henry Mason, should they or either of them die leaviog @ widow curvivicg them or bim much widow or widows shell be entitled to and I hereby give aud bequeath to her of them respectively, the exare ap- ¥ of two thourand five buudred dollars a year, to be peld to ber or (hem respeotiyely. in Like eemi-onnval in- stulinents, during the residue of her or their several ma- turai life or lives, And I do hereby give to the before asmed trustees, and the survivors aud rurvivor of them, juli di-oretionsry power to increase the ssid annuities respeotively during the life times of my said daughter and my raid three cons John Mayon, junior, Helew Alri on M. after their te sprctive deaths. And sbeuld the ome of the tuid trust fund exceed the aid anuuicies, the urplus im regard to the three equal fourth parte thereof accruing after one month from my desth is co acoumulate equally for the benefit of the cbildren or other iesue of tue paid Milea Alsion and James Mason and Henry Mason, re spectively Guring bets reepective minoities. and to be paid to them reopectively, ag they chal severally actalg age of twenty one yeare; fun chiudron cr other iseue thking their reepective ebates thereot by represeatution aud not per capa. And with regard to the said trust bares of the raid Helep Alston, Jamo» Macon, ond deary Mimou, co long we they may severally bo without istam living. the surplus of the said income thoreot eoatuing as aforesaid yrcm one menth after my death, afer setis'yi tbe said anpuites to them or to the surviving husband the raid Hojen Alston and the surviviog widows of the seid James Mavom and Henry Masom shall be paid from to time t the said Mary Jones, Rebecca Jones, George Jones. if he be living, or to his chitiren, by my esid di wed devebter if he be dead the said Sar Jopes Heminersiey and the sald Helen Alston, #houid her solo Durband be them deceased, and rhe snrvive bim or to der lerveif she and her enid husband be both living and. she have iseue living and to the itcue of either of my wid cops James Masom and Henry Mason, who may have jesue, equally, or share and chare alike euch iseue be cach instance taking by representation aod not per capita, And upon the decease cf my said eon John Mason. janior, who ried and from his bodily and meatal tn- firmith human probability nover will bo married, £ give devise and bequeath, the one equal fourth part of void remalning bait part of my property and ootate, both reol and pereousl. together tp Mean time, that ie te ey during his life time, with the surplus of income ibercof, atver satisfying the enid annuity to him: to the eral persons, and fer the several estates, and upon the several contingencies herein lastly above specified. And ujon the deaths of the said James Mason and Honry Wa on respectively, I give, devike and beqneath, the two equal fourth parts of the said remaioiog t part of my yioperty and estate, both real and pecvonal, to their Te spective issue.suoh iaewe taking share and share alike, by representation and not per capda sudject to the said am- nvities, to the widows of my leet named two sons, showid euch widowssarvivethem But should my seid lest named two cone or either of them. die without leaving any tssue, them or him eurviving. then T give, devise aud bequeath, the faid last mentioned two equal four’h parts, or ome equal fourth of the said remaining balf part of my aaid property and e#ate, both real and personal, as the case wey be. subject to the caid last mentioned annuities to the sald Mary Jones Kebecca Jones, George Jones, if he be then living, or if then dead, to the children of my said daughter Serena Helew Alston. if she ahail have sarvived her eeid Dushand, and if not then to her issue. the anid Or - reh Jones Hammersley, aud the tesue of of her of my tat mentioned two sons who may have left ieeus, equally, shere and share alike, the issue or children in either caw taking by repreeentation and not per ezpiia, Lastly—T de hereby nominate, constitute and appoint, the said Iaeae Jones, George Jones, and Andrew Gordon Haramoraley, executors, and toy sald two danghters, Mary Jones Rebecca Jones. fe ieig of this, my last will and testa- went, hereby giving them power discretion KA on and Pires of any part or parts of my real estate, And I here! by me executed. Ip witness whereof T bave to these presenta set my heed and coal, this trenty sixth day of ptember fm the Lord ove thousand undred v~ | Tine wan os ‘ “joan Mason (1. 6]