The New York Herald Newspaper, January 22, 1853, Page 2

AMERICAN INDEPENDENCE. WORTH CAROLINA VERSUS OLD VIRGINIA. SUTERESTING LYTTER FROM THE HON. J. ™. BH. BEALE, vO THE KOTOR OF THE NUW YORK HIRALD. Hovss oy Rerxesenra January 20, 1853. § J have read in the Hruacn of the 17th alt.,an ad- dzeen delivered by the Rev. Dr. Hawkes before the | Mew York Historical Society, on the “ History of | Nerth Carolina,” in which he claims for the people | @f the county of Mecklenbury, of that State, the first | movement towards a declaration of American inde- With no attempt or wish to detract from the merit ef the movement made by the patriotic people of that portion of our country, yet it is due to political jus- twee and the truth of history to say that evidence | exists, of the most unmistakable character, which | shows tlat the first known step taken in the open as. | eertion of American rights and independence occur- | ved among the people inhabiting the then county of | Dunmore, so uamed after Lord Dunmore, now called | Shenandoah, in the VaHey of Virginia. | The opinion has long prevailed, with the casual seader and the incorrect historian, that the patriots | f Mecklenburg, N. C., ‘ opened the ball of the Re- | velution.” The learved divine has assumed this cur- | vent belief to be a fact, and thus committed a histori- | | | | | eal blunder. But to the records of the facte— The Rev. Peter Mublenburg, a Lutheran clergy- man, from pe, Pennsylvania, removed, in the year 1772, 9 Woodstock, Dunmore county, Virginia, and became the pastor of the church in that village. | He was descended from German parentage, and, al- | Sragebee. in Pennsylvania, was educated in Halle, | ‘A He soon won the confidence of his and the affection of the whole Germanic f:mi- | which had settled between the Blue Ridge and the } = y, in the now counties of Page, Shenandoah, | Im the early part of the year 1774, the colonists | re to murmur at British encroachments upon co- rights, and discantent reached its acme when | the news of the pemage of the Boston Port bili was | eenveyed throughout the land. While there may | have been a concerted movement of resista throughout the State, Dunmore county was the tirst to step forward and boldly proclaim its opinions in reference to the great questions then agitating the country. This cognty gave itself a distinct organi- | mation, a5 contradistinguished from its color mvested power in a “Committee of Safety,” the prerogatives of which were to erect opposition to the rose Eower in case of necessi meeting which took these ix stepe was held at Woodsto one year before the celebri ing, Which occurred in June, 1775. Muhlenberg was chosen the Moderator of the moet- 5 and afterwards, as Chairman of the Comunittee ‘Resolutions, reported a number of spirited snd appropriate resolutions, the tone of which was bolder public opinion was then prepared to sanction. | ‘The following are a part of the noble sentiments then put forth by those patriotic lovers of liberty: — “That we will pay due submission to such acts of Rovgrnment as his Majesty has a right by law to exefcise over his + , and to such only. xevent right of British subjects ‘wo be governed and taxed by representatives chosen by themselves only, and that every act of the Bri ‘tamh Parliarn respecting the infernal pol America, is a dangerous and unconstitutior sion of our rights and privileges. “That the enforcing the execution of the said Act eof Parliament by a military power. will have a ne- tendency to cause a civil war, thereby dis- ly sub- selving that union which has so long hap; mated between the mother country and her and that we will most heartily and unanim eoncar with our suffering brethren of Bosto every other part of North America, who are the i mediate victims of tyranny, in promoting all proper measures to avert such dreadful calamities, to procure | @ redress of our grievances, and to secure our eemmon tiberties.” The other resolutions were common at that period, deprecating importation or exportation with r Britain, and against the East India Company are called “the servile tools of arbitrary power.” The | proceedings close by ‘ pledging themselves to each ether, and to our country, that we will inviolably ad- here to the votes of this day.” The Committee of | Safety and Correspondence appointed for the county wonsisted of the Rey. Peter Muhlenburg, Chairmau; Francis Slaughter, Abraham Bird, Tavener Beale, @ather of the undersigned,) John Tipton, and Abrabam Bowman, Fsqs., members. The proceedings of this meeting are published in tall in the Virginia Gazette, for Angust 4, 1 a le of which paper is preserved in the Congressi , at Washington city. (The late fire at the | Congressional library may have destroyed it.) I have thus, Mr. Editor, given yon the re | from the Gazefte—then the only newspaper, 4 which was published in the Virginia colony. eannot refrain from copying, ax au interesting inci dent in the history of the times, from a letter written | by the Rey. Peter Mublenburg, to his brother in | Rane; Pa., dated unary 17,17 whieh is still Revofutionary relic in the hienburg family. He says:—The times are get- ting troublesome with us, and begin to wear a hostile ce. Independent companies are forming oS engross all conversutic i li the mdence, aid of mag’ te bnt las » had 4 general election in the county for a Great Committee, according w the wesetves of Congress, and Jam again chosen chair man, %© that, whether I choose or not, lam to be a politician. The Rev. Peter Mullenburg was chosen a membe ef the House of Burgesses in 1775. and took sides with Patrick Henry, who was the leader of the war party; and when it was determined to raise -ix regi- reserved a& a vali ments from Virginia, he returned bome with the to dott his gown and gird on the recimentals and the sword. At the earnest solicitation of Geue- ral Washington and Patrick Henry, the £ of Delegates elevted him Colonel of the eighth Virginia vegiment. z Upon his retitrn home, he gave notice te his scat- tered parishioners that he would deliver to them on | the following Sabbath his farewellsermon. The m1 esuntry church was filled to overflowing wi hardy mountaineers of the frontier counties valiey. So great was the assemblage, that th wurial-place was filled with crowds of ster men, who had gathered together, belie something, they knew not what, would be cone in behalf of their suffering country. The y awaited patiently the appearance of their pastor. He and sacended Oe pulpit, his dit form arrayed i fail! uniform er which his gown, the eym- bol of his divin ing, was thrown. He preach- ed to them of a and a Country, with all the zeal og Paul, and they hung upon his fiery words with all the intensity of their souls, His conclasion turned their thoughts upon their sufferings and wrongs, and he said he had un- sheathed the sword, and that, in the language of Holy Writ, “there was a time for all things—« time to preach and a time to pray, but those times had passed away,” and, in a voice that echoed through the church like a trumpet-blast, ‘that there was a time to tight, and that time had now come.” filting to the floor, he stood before his congre girded warrior, and, descending from the pul aered the drums at the door to beat for recruits Then followed a bright example of patriotic devotion. His audience, excited in the highest degree by the impassioned words which fell frou his lips, flocked around bim, eager to be ranked among his followers Old men were seen bringing forward their children, wives their hushands, and widowed mothers their sone to fight the battles of their country. rly three handred men that day enlisted under his ner. Whata noble sight! A cause thus supported eonld not fail. The facts stated in the preceding account of Colo pel Muhlenburg’s farewell sermon are abundantly e-Aabliched by all contemporaneous narrative by traditionary reminiscences, and are particularly set forth in “Thatcher's Military Jounal,” p. 1s “Howe's Historical Collection of Virgi * p. 468 “Kercheval's History of the Valley ¢ 188; “Rogers's Remembrances of 4 eroes, Statesmen, and .' p. 360; and “Baird's Religion in America,” p. 115. It is proper that | should state that the most of these facts were copied from the “Life of Peter Mol ienburg,”” by his relative, Henry A. Muhlenbtz, and te many sentences copied entire in the author's own language. f have conceived this subject of paramount inpor tance, and will thank you to give it an carly inser eon, and to vend the learned Dr. Hawkes a copy of your paper containing it Respeetinily, youggbed nt <ervent M. H. Beane New Ourrans Racve $1H0, mile beats opt J W. Roorwa Gol A i fol © 4 ye 4 year uenette aman’s | We ch. f by Regent Tire, T4811 Jan. 9.—Propriewr Laer Day dent three in five SM. Hill's Ware Ha Boorman’ kext time wa (Ga) Races KW), three mile b Beall Purwe TWh ell, by Atbeseador f. Geldpir View @ Grendel | themselves into an independent people? This cor- | tude. | ambitions, at least enough to acqui | of social improvem New Yors, Jan. 17, 1852. TO 7HY EDITOR OF THR HERALD. Dean Sin—The Ovban Junta would feel under great obligation if you would publish in your estima ble paper the enclosed answer to your Washington correspondent, whese letter was published in the Hisnacp of the Mth inst. With the assurances of onr respect, we remain your obedient servants, G. Berancovar Crsxrros, President of € PowFikio VaLiente, Secretary C.J. THE REPLY. & Washincton correspondent of the Herat pro- (Roses to demonstrate the impossibility of establishing ‘@ repubjic in the island of Cuba. Others hae treat- ed this idea as unjost aud anti-American. I[ declare it, retrogressive, unphilosophic, and opposed to the best principles and interests ot humanity. 5 This opinion rests on the supposed necessity of po- litical education, preceding political regeneration, so that if this order ix not observed the change from monarchical to republican habits must inevita- bly prodaee anarchy and confusion. If your corres- pondent had proposed to demonstrate the utility of a reparatory education for the exercise of republican finert , we should be entirely of accord; but to sus- tain the im ibility of establishing a republican government in Cuba, because it has hitherto been under a monarchy, and is not suitably prepared, is an absurdity, and involves, besides, the eternal con- demuation of its people to servitude; for their rulers have a vital interest in not educating them for the enjoyment of liberty. If this false idea were admit- ted as a rule, it would end all theories for improving the political, civil, moral, and religious condition of man In what manner is a people subjugated by the tyranny of kings to improve their condition? All the pubtic authority is concentrated in the hands of these tyrants, and it is their first interest to keep ther vassals in ignorance of their rights. : How can we expect them to permit to their sub- jects an apprenticeship to the habitudes of liberty, to learn how to overthrow their oppressors, and convert J. respondent demands in impossibility; and doubtless he does not profess liberal principles, as his doctrines would condemn a large portion of the world to servi- According to his doctrines, Louisiana, Florida, Texas, California, and New Mexico, ought not to have been annexed, aud passed thereby so saddenly from all the influences of absolute monarchies to the use of democratic institutions, because they were not prepared by a previous poligical education, like the thirteen colonies which formed the American con- federation; yet the change has taken place, neverthe- less, without anarchy or confusion, and they have passed from the condition of sd people to that of free and independent States, ing under the federal system all the rights of self-government. This writer, if he is not disposed to serve the canse of despotism, should see that this doctrine of first teaching the habitudes of liberty to those in the con- dition of slavery implies a contradiction, of such a na- ture that it cannot be ed. The principles of a republic confer on its citizens the rights ot sove- reignty—they rest on all the enjoyments of liberty, and on the eternal law: ity. derstand and to know that man is be spendent— that he is equal im rights tc y other man-—that this ix not the exclusive p: ony of any man or | family, and at the very same time to be a slave, the Probebility of Evtabitahing a Repoblie Cul ningthe way and i aetns ie independence. any prelimi olitie nations without it have torn the sce from their irene, sometimes to expel them and sometimes to force them to adopt coustitutiona that gave righta and a participation in the government to tic people, There are many other proofs that political education and regeneration may bloom together, when, as in the case of Cuba, one cannot precede the other. 'This > if i upon, would, in many na- , prevent the birth of liberty. For a North American to sustain it as anac! , isa parture from the principles which constitute the duty and make the Soon of his country. Ponrrrio VaLiknrs, Gecretary of Cubaa Junta. ‘The Rectprocity Frade with Canada. re the Uamilton Jourval and Express, Jan. 11. The reciprocity with the United States, of which there has been so much said, is not likely to be granted further than it has been. There is no use tor us to attempt to argue with the Americans on the subject. They understand it as well as we do. The traders of m and New York are in favor of extending it, but it is for their own benefit—a bene- fit in which other of the Union do not parti- cipate. The carrying trade is of t advantage to the Ogdensburg and other raili ; but the “ no- tion” makers of New England do not partake of it, and are therefore Dosen to reciprocity, unless it includes some of their manufactures. The Southern planters have no definite idea of reciprocity, and, perhaps, if the pale faces of the North would let their “ niggers’ alone, they alas not object to recipro- city, provided their products (sugar and tobacco) were included. Notwithstanding the rumors ip the Boston and Oswego papers, we are satisfied that the pverne American ninistration will not do any- hing with the question of reciprocity. They will leave it for their successors. The Americans have always considered the trade with Canada as a mat- ter for legislation, and not for treaty, and heace their disinclination to negotiate with the British minister on a subject which they think can be best settled by the ties immediately interested. ‘This is evident from he message of President Fillmore, in which, alhud- ing to the wish of the British cabinet to make the fishery question a part of the commercial treaty, he recommends a separate convention for the colonies. To have a reciprocal trade with the United*States, we must be willing to satisfy the Congress, which represents the whole nation, that it is reciprocal. Bostonians and New Yorkers are almost as much in- terested iu the Canada trade as the Montrealers and Quebeckers, and therefore they are anxious to have the trade, because it will benefit them, but confer no advantage on the Western and Southern producers. Now, it is absolutely necessary to convince all par- ties in Congress that a reciprocal trade with Canada is good for the nation. We despair of our being able to do so, without including in our agreement the na- tural productions of both countries. When this is done, there may be a probability of a reciprocal con- vention. In the meantime, looking at the great prosperity which has attended the present arrange- and all ths without ral education; andamany other pupnet of a privileged ¢ to hold his person, his fumuly and bis fortune subject to the will of a despo- tic king! Nothing can be more contrary to reason. To expect an enslaved people like that of Cuba, where © the philosophy of government is not only nn- kn bat prohibited’ —where there is no right of } | | | | | ‘ore they enter upon po- | bi | representation—where the facnity of thinking is pun- hed with exile, and the faenlty of printing with jeath—to learn to be free be! ical regeneration—is to ask the impossible. It is to stor deride every sentiment of human justice. ‘A people in such a situation ean never hope to pre- pare themselves for au independent existence while re under the dominion of their barbarous op- ciy | pressors—hnmanity, not less than the science of re- | pablican government, counsels therm to come forth from this state, for, only by this course, is emancipa- | tion prac and without : to remain i erings of this ignominious condition. What watters it if they commence their | preparation from the very day they become the mas- ters of their own destiny, even thouzh they commit | errors and sutter ovile? ¥ ery inferior indeed are they | to the evils of slavery for life! Is it better perchance | to be the serf of a tyrant, than the citizen of a repub- | reignty be not wholly understood’ i fhe-confasion and anarchy of the Spanfsh Ameri- can republics are cited as examples of countries any political educa- In lie, althoagh the worth and exercise of popular sove- | hi not received before entering upon independence. they bad none, but at present they attained “sufficient, if not to suttocs which ledge of self-government and its application fo the policy and administration of the country. whe sence of union, of habitual obedience tothe law, and | the want of individual abnegation for the generat | good, proceed doubtless from their not having yet learned to i sonal interests on the altar of | their count: joes not exclude the hope of | uture day to become republicans, | or Franklin. When the rules and | institutions of republicanism are estab y are immediately follo by civil and religious ed cation, by industry, b and by all forms 5 neements, | thoe nations have much to do, who, springing the Spanish stock, did not receive such benefit they heath to enjoy them since the era of their p cal regeneration. They need some more time to complete Shghe-repu tion: but assuredly they will attain it. 1 udes of @ peop are not destroyed at once; their age is of centur When a people is born to Lit but whose aniece- dents are of tyranny with an individu- al—ite infancy is | ficient, physivally as well as morally wih, and develops its facnities guided by good or bad pondent say the never come to the enjc planted with their der but Will your corres. rican republics ean vf the fraits they have ic institutions? He appears to think so, when he base ment on the influence of climat He natural love of ple stimulat of a climate of alm unequalled sulubrity, anfits thew © attention nore impera- tive duties. and oftentimes sacrifices, whieh each citizen of » republic is expected to perform, or to anb- service If this were go, the pations would never have bought ty at such acemt of blood. They had a » Shed more sacrifice longer strng lives and inte s, and, in many instances, bi fight and to suffer with more ev he North Ame adequate to the exig licanism ? ‘The tree of liberty manation from heaven, flourishes in a i 1 is too iafinitely just to deny the gr to the of the tropics; and even if they 4 enjoy them in peace, bet the st of free im litical slavery—*s qprietumesercit umn if they wish tor of Castile. And more to-day wonld they have requisite for the: would not be a quan J the Spanish Americans m to the dorainion of th what would be their ay, if they were still Spanish colonies ¢ quidtam As vanced in the political ¢ Tior liberty n this respe: as we now find Cuba. Hi | position nas brought her into eontact with all iliaed nations of world, who go there to exchange their mandit for her precious and abounding produ . Her | proximity and intimate relation’ 1 the United | States, and the umber of » have cated here, have spread t seeds of liberty, of ¢ lee been € island the which will 1 out tall Un ntinent were deliveres The orderly habits and the lo denced in the ne r e notwithstanding t nil 4h tyranny, and the i <0 quired at hom ns of their faril time and the to a nation of ten of i liberal, and waited inka! What else ix proved laringe conspiracies; by the ( “o freely shed on field and scaff by th so continiully nade the liberty of Cr All thes n Cuba and the Vn but that here reign demoer absolute despotism. Clu of Cuba—det her enjoy then the science « 1 phi vernrn become a daily les#on in her seadenmies, and ver eb dren will learn those te ~ of trewiom ina which they are now uninstr: vet it from them now, is to ask pears fret Then Cuban fit rature will occupy itself with the doctrines of yen Q ch that blind reverence to « monare 4 nating from the Crrs sult’ to and an injnstice to th Then the Cubans will es tw ht« of man ry th tw the eier toral urn, not with the coldness of blood of the Au glo Saxon race, but with the natiral warmth which God has put in the veins of the children of the South Cubans have recely When the i their polities! eda cation, the difference, arising from wmporament will be the only one between one people and the other. Meanwhile, the disorder of their experimen tal trials will not amount to civil war in « country hounded in ite extent by natural limits, and with a seattgred population whose inmite x Miment of sel presets ton will enforee «nion they are condemned | 4 | the amor ment with the Americans, and the satisfaction which it has given to merchants and farmers, we can see no necessity tor adopting any course which might produce a revulsion in our commercial affairs. public business in this city has been delayed beyond the usnal time, on account chiefly of the difficulty of ob- taining some items that were necessary to inake it complete. The statements below are authentic, and will be found interesting. The amount of flour shipped from this place by canal, during each month of the past season of uavi gation, and five previous years, is as follows :— Sit 004 291 126,411 108,865 Nov. a : 8.447 (1,042 Dee, .. Total Quantities shipper d for a se ‘The following is the amount of flour shipped from is place on the Rochester and Syracuse Railroad y 05 barrels during the past year, up to Jannary first: the previous, 49,000 barrels. Deducting from the amount shipped by canal and railroad (671,574) the amount left by the came, (122,- 070.) and the whole amount sent forward trom this city lees to be 519,504 barrels. To this should be added the amount shipped by the Lake to Og- denshurg, about 1,600 barrels. The R. L. and N. ¥. Rood has brought down, dur- ing the few months they have been iu operation, ap e Grst of January, 31,090 barrels of flour, and bushels of wheat. With increased facilities for nd sto , they will increase this average. e week of the present month they have 461 barrels of floar,and 363 bushels of is four hus been seut forward ou the Cen- and New York,in the cors of There should be deducted from t eet down as shipped by the j the number of barrels brought by the and the Westera rosds, Dri brought whest. tral toads to Alb the Lockport road | the pilots have one duty to perform, and the engi- ; upon the master; and who but Capt. {1 will be seen that the amonnt of flonr shipped is | larze 3 staple had received no impulse until “on of navigation, and that during the prevalence of cboler boatmen avoided stopping at this place as w ‘The reader will not | to observe the increased amount taken forward wilroad, and that the facilities afforded by the are not equal to ship, in_a period ‘0 flour is a ‘astern markets. The Rochester und Buffalo Railroad has nearly doubled vont of four brought down in any previous und the Gachester, Lockport and'Niagara Pall« ood busines at it, even while the d open, f wheat left here two years, i+ a tollows:- 1851 hy both canals, for 1%52 wren Vol The months of the h accounts for theix Valley eanal during two after the Eire eans! was ypeu ing 00 wheat left ou that has left 181,197 bashels, han brmght here the year owing is the quantity leit by both eangis of years Z 854,141 1840.00... Vis 248 18 LTH OR Th 4asiom 14 jaf bw railvoed, IS.857 bushels, Vota the suneunt of wheat left by canal and railrowd, was 1,725,155 bushels, weninst 1,510.456 imahels in Isit. A small tity was <upplied by luke vessels from points on the Americ Ht, anid # still stuller amnnt of Canadivn wheat was ur here. Leas t a bushels have beer juired from comntry, ta make up Aminuait manwactan » Howry, and shipped int It ¢ tori. remenver however, that the wills he pplied the waute of more than 40,000 people at the sume time Kanerrion i Soorm Canoumwa. Le AL o Stubbs, of Marlboro district, who wae convicted of the murder of h ave, at last Oetoher court, waa hanged in the Courthouse sure te, f cords e Court. The Cheran Ga olen which Mr. Stabhe suifered’ the extreme pen the law consisted as mach of the neglect fin a master ny other ing in this pe view. this case speaks yolame valf of cur laws enacted for the protection of ong lave populution, aud puts to blush thonsands of the lies invented vod propagated by Northern f ila to disparave the institution of slavery.” Obitnary. Mr. John Bartlett. a celehrated musician, and who has been for more than twenty-tive years ified | with the Brigade Bend of Boston, died in that city | on the 16th inet uto coveiderstion the fact that the | | the | Captain | the tricture was nine feet long und shout twenty-seven than moving ve of the Jury. UNITAD STATES CIRCUIT COURT. Before Hon. Judge Betts. oy _ The United States District Attorney, Mr. J. A ‘cott Hall, proceeded to sum up on te of cre which the following is % summary. :—The gentleman who opened the defence in this cause, with so much clearness and ability, for Captain Farnham-—the counsel who has so fai id intelligently examined his witnesses, and the guished advocate who has finally summed up the evidence with #0 much eloquence and force, have done me no more than jastice when they say that I come to the discharge of my official duty on this oc- casion with great reluctance. It is not, however, for the reason that this defendant is in any way entitled to especial commisseration, but because | am always reluctant to inflict upon others. The learned Judge upon the bench has also a on cro form, but he will notshrink from it because it is pain- ful; nor can a got gentlemen of the jary, escape trem the responsibility which is a you by the laws of your country. We live ler @ government of laws, made by the peor themselves; and neither the Judge upon the bench, nor the prosecuting cer, nor the jul offi- now im led to “y this traverse, can ink from the discharge their respective duties without a violation of the oa which are administered to keep them steadfast in the pathway of their obligations. If there be any country which depends upom the free sense of its citizens for protection, it is this. the law is expounded by the Court. The Judge, in his wisdom, is on that bench to place the case be- fore you, free from the bias and coloring of the pub- lic prosecutor or the learned counsel (or the defence; but it comes tinally to you, gentiemen--twelve men placed in the jury box—to whom the public look for protection, and such a verdict as the merits of the ease demand. ‘There was no intormer here; the District Attorney was not at the time in a situation to hear of the ¢ er, The Grand Jury, of their own accord, considered it, themselves’ called the wit- nesses, and directed the District Attorney to frame an indictment, under the twelfth section of the act of 1838, charging that Charles W. Farnham, the captain, and John Howlett, the engineer of the steamboat Reindeer, did so unskilfully and negligently manage the fires and steam on board that vessel as to cause an ex- losion which resulted in the death of thirty- ive human beings, then and there peers on board of that boat, aud confiding in the diligence, capability, and good conduct of the officers, in whose hands they had placed the lives of themselves and of those most dear to them. But, gentlemen, you have been told that this unhappy event resulted in no way from inattention or neglect on the part of Captain Farnham or his officers, but arose entirely from a defect in the iron composing the boiler, which no human foresizht could provide against; and you are now asked, gentlemen, if there is to be another victim ? The law seeks no victims; but its endeavor is to prevent the offering up of other vie- tims by the recklessness of whose blood has so stained that all its waters cannot If Captain Farnham is to go clear, respectable man, there will be no safeguard aga like offences hereafter, and the human cargoes will still be subjected to the ruling passion for competi- tion, and utter disregard of life, on our great tho- roughfares of travel. The counsel has, in my judg- ment, wholly mistaken the law, its object{and whole scope. In my view of it, the captain, as well as the engineer, is amenable, under the statutes of the Uni- ted States, for this culpable and fatal affair. No one in his senses—either the counsel for the prosecution or the Judge on the bench—supposes for an instant that Captain Farnham designed to de- faoy his boat. The law supposes no design but his duty might, notwithstanding, have been in- attentively di ‘ved. The witnesses say that they never ob » and that the captain has no control over th? acts of his engineer. } do not think that the duties ofthe captain are so circumscribed. If so, why not employ a man of a station in life infe- rior to that occupied by Capt. Farnham. It is said that masters—victims,, the Hadson. it { neer another; and then what has the master to do? To stop the headway, to get out the fgangway plank, to take the tickets, and assist his passenger’ Is that all that the law requires? J think not. gentle- men. The captain has contro! over his vessel; and a general supervision over the actions of his officers and crew comes within his duty. He has as much authori- ty to confine the engineer, if reckless and inat- tentive, as he has to confine the firemen and deck hands. The whole scope of the law is to put under the power of the captain the fall con- trol of the boat. (The District Attorney here ex- amined, with great care, each section of the act of 1838, and insisted that Congress had thrown upon masters of steamboats peculiar duties and peculiar responsibility, and had charged upon them espe cially, the lives and safety of passengers entrusted to their care.) The acts of Congress say, it shall be the duty of the master to employ skil{tl engineers, and on failure to do so, hold him responsible. He has a word to say as to their capability—but my friend, instead of going to these acts of Congress, sets up North river law, which | suppose to be a branch of the “higher law,” and he says that, by “North river law,” the owner appoints the eugineer; but I say to Captain Farnham, and all others, that he has a voice in the matter, and is not bound to submit to unsuitable appointments. The jury can know no higher law than that which is on the statute book. The Reindeer runs with the Alida, he Alida with the Henry Clay; hundreds are set to “that bourne whence no traveller returns; yet the captain is but a gentleman on board, with nothing to do but colleet the tickets and assist the’ ladies. The proper vigilance in transporting gers is not thrown upon the engineers and crew, ‘arnham ev stood up and said otherwise than that “Jam master of my own vessel” The law says that whenever the | boat is esr a (which is acknowledged to be by di- rection of the master) the safety-valve shall be open- ed, and the captain could say to the engineer, “1 charge pee sir, at every landing to raise your sufety- valve; lam reeponsible for that.” But’ the North r engineers say,“ We will not do it; we will open the doors, and this keep down our steam.” And what are the reasons assigned for this disregard of the law, which imperati makes it the duty ot the Taaster to raise the <afety-valve when the boat's head- | way topped’ Why, economy in water and econo my in coal! And one of the witnesses assigns a8 4 reason th LOT) of the noise. Noise! What sound was that which, like the trump of the archan- | gel, burst into the earsof thirty-four contiding human | bei m the fourth of September, and suramoned | ther, in an instant, “ unanointed and unannealed,” from all buiman tribunals to that dread judgment which all must encounter, to answer for deeds done here? Coptein Farnham thinks it a hardship to be called before an earthly judge tor acts of omission and commission; but where the acensing spirits who confided the li ir and safety to his skill, his precaution, and his care? Ah! gentlemen, the places that bave known | them shall know them again no more forever. | But the engineers say that they have another and a | betier mode of g ont by Cong ding the botler than that pointed and, instead of raising the safety valve, as the law r s, they open the doors, 4 cool the fines hy ng in a current of cold air. This, doubtless, has the effect to check the genera- tion of steam; but what is its effect upon the boilers themeelves? Why, Hawe: ngineer of the Frank, says that this gtrea pools one surface of the iron while the other is expanded, and so Inequaliti of contraction and expansion are produced, w greatly weaken the iron. And is this an inaprove- | ment upem the mode adopted by the law? Why, thelr economy in fuel and their preservation of steam lead to the weakening of the bolerm, and thus aggra- the evil which Congress h attem p' to guard against. And if the boile thus weaken- ed by this process, so much the greater mason why sifety valve should he raise The law ie positive and peremptory upon this point Kamham disobeys it st his i ‘The theory of contraction and expansion, applicable tw the present case, is well illnstrated by the frequent breaking of tamblers when brought suddenly in et with hot wa put inside, they expand an th while the ordinary con tracts maintained outside, and a fracture follows +; if the position is reversed, and of the vimbler, then ex- | pansion end contraction take ppositel y the weakest point was not where say it was. ‘Tron, bent or corrugated, a3 in Fran oats, is the strongest, and the testimony showed, besides, that 1f the wuter be inches wide. ‘There is no preten imperfect—that no part of it nt what was the character Hiatal! that space properly weld abits of f eviden that she offen went a hundred and four. | teen miles within tive hours, ineluding thirty minutes consumed atthe landings, Twenty-two or twenty- three miles an hour was her ordinary speed; but on the day of this dreadful diauster she had reduced her gait 1 twenty miles an hour; and Morey, the pilot, at thix is what he calls “pleasant boating.” cht have been pleasure to him, gentlemen, bnt it was death to others. Bat More # that ahe was not ordinarily alone, bat gen , yo And what sort of compan | gress did not stop there. But | 3 Hewy Clay kept with the “Anime hing at her aud by her, grappling by the con tuel votil The boat glows like a furnace, straining every nerve for superiority, and finally consiening her pas songers to # grave of fire, from the aged aud larment- ed Stephen “Allen down to the helpless child in ite mother’s arms, And this is what they call “keeping company” pon the North river. \ian period of steam navigation, twenty 1 pressure to the square inch pnsidered us creat an amount as conld§with « ried. Now, in low pressure boilers, ¢ quently find them carrying forty, pounds, until they have Become not t oy, Reflect yet not use epee, They Rou 22 ; | but how thin can you make it to bear the A strong | tias been made to your sympathies, in favor of Captain Farnham, becate he is a hus- band, a father, anda good citizen. Iam glad, for his own sake, that he-is thus favorably presented be- fore you; and if you can conscientiously acquit him of all blame in this transaction, those who know him best will one of 2 class of responsible agents; and if he can, with impunity, thus fatally disregard the law, so may all others standing in the same attitade of responsi- bility. Ifhe be guilty of this charge, you cannot, upon your oaths acquit him, ur hearts indly-in his favor. We say that it was by a culpable neglect of duty on the part of Captain Farn- ham, that thirty-five homan beings were, with the quickness of the lightning’s flash, hurried intoeternity ; and if the Fi shall be of this opinion, they cannot, and upon their oaths they dare not, arrest fhe uplift- ed arm of justice which is now impending over his offending and devoted head. THE. JUDGE’S CHARGR. Judge Betts then said—In this case, gentlemen of the jury, which have listened to with very great attention, to the evidence offered for the prose- cution and the defence, and the ents of the public prosecutor and the counsel for the accused, you are no doubt acquainted with all the particulars as they have ap . The indictment was origi- Bally cane a two persons—the master and tl ou segs A steamboat Meinieate— Hits; at the in- stance of the parties accused, it proceeded the master alone. Although the case pee much interest, yet I think we may our- selves that it is approached calmly and di n- ately. In the first place, it is not put in question be- fore you that Captain Farnham was not fully com) tent for the station he was employed in. It is stated in evidence that he was an experienced navi that he had a familiarity, more or less, with steam machinery. He is universally reputed to be skilled in the performance of his duty; and, again, there is no imputation against him—there is no sug; ion that he had been guilty of any act intentionally wrong—there was no malice designed, either of omission or commission. On the other side, it was said to be the result of accident. This lamenta- ble accident oceurred at about one hundred miles from this city, tive or six months back, and how- ever you may have been alarmed at the time, there ig no reason to suupore gaged further than what you must have participated in as mere citizens of this community—you had no relative, no friend, that suffered by the calamity. Under these circumstances, the court congratulates you on coming to a cool and dispassionate considera- tion of the case. In the first place, there was a question raised whether this court—being a federal court—eould take cognizauce of it. That question was very properly left to the court, and you will con- ice most. But Captain Farnham is but ; It isto be believed that the captain recognized what ever is.done, unless it be he Ll» it. One of the it PR a iar son have aright to say that the neglect to raise th safety sire “ cient to supply een Arby he Bags me Court where it was laid down that ai jo : did_not suppl; ima facia evidence of misconduct. But that Talige probably based hiv opinion upon the fact that it was not out to the satisfaction of the Court that the explosion resulted from neglect of the safety valve. However it may be, the question was not before that Court as it ix here; the trial was not against the master. It iv said that this is the duty only under certain circum stances—only when the steam is raised abeve the head when ‘the vessel is running, and fp this case that it is shown there had not been any augmenta- tion of steam. Judge Betts again read from the seventh section, aud continued—The law will not contemplate that the captain can ran @ vessel up te a dock under any head of steara, and then keep her there at that same head. The object waa to keep the steam down, and this qafety valve was re- sorted to tor her baa Same construction must be given to the guage of Congress. We aecertain,” probably, that the meaning, the object of the ing] Shag oben ne this Dompones the law no- where forbids the captain or engineer to carry a cer tain amount of steam. The Jaw authorizes ‘the in- spectors to advise in the matter, but it is left to the discretion of the captain. pehea ne would be left to more difficulty in defending if if he car- ried more than the it ‘tor advised him to carry. Congress had not conferred on the inspectors any means of testing what was the apparent strength of the they could not force the steam up fift, or sixty pounds to see if the boiler could bear that. They formed hes i igh oeteingeh! ie Sais judgment. This inspection im rae aie or five mouths to the disaster. "Phe ction must be resumed every six month and the explésion took place only a few weeks before the next inspection shonid bave been made. Thi constant working would naturally impair the boiler, and the captain should adapt her steam to her condi- tion--he could not use the same the amount of s J tificate gives no auth ee amount of steam. The question here will be whether, upon the evidence before you, the vessel was under % prudent and sate state of steam before the explosiot | took place; then, if s0, if she had water, the master that your feelings are en- | sider itno longer before you for cousideration. The | court will now proceed to act upon the case, and it will be your any to dispose of it, whether it be to the conviction of the accused or his acquittal. The State tribunals, if the matter was not transferred, might have proceeded to hear it, or they might have" proceeded by some special] indictment. “In this court we cannot look for any other but the written law. It may, perhaps, aid “us, in appreci @ general survey of the consider what the law was that induced Congress to interpose, and how we are to apply it to the case before us, This act was passed in 1838 ; then, as you are aware, steam navi- gation had been employed for a period of upwards of thirty ye it had been accompanied by a great series of disasters, and so great was the excitement created, that Congress was induced to interpose an act which might tend to the satety of life and the rafety of property. look to the sources from which those evils sprang, to provide tor the sufficiency of vessels to sustain, the weight of boilers, and to avoid the danger that might arise from the management of the machinery, the breaking of ¢he vessel, or shipwreck, or other dis- asters, Congress required every vessel belonging to citizens of the United States, before it could be navi- gated on the waters of the United States, to be en- rolled, or registered, and no vessel shall be enrolled or registered unless such provisions are complied with; nor could it be put in motion until registered or enrolled. ‘The act of Congress imposes a fine The object of Congress was to | will have a right to his construction of the act. [t ix contended thatif you cay reduce the amount of swato , by any other means which will effect the same result, the party is exempted from Geyer Gain) the act. I do not put that construction on it. ¢ raaster has no right to deviate from the directions of the act. The law commands that the master shall raise the safety valve. Congress had a right to enact thie law, for the protection of lives and property, a4 much aw they had to compel a vessel to he registered. ‘There isa great deal of evidence before you, by men of eminence and high standing, that this mode of raising the safety valves is altogether useless. ‘This may be very well in theory, as lawyers say; but the law Rays you must do otherwise. ~ You ‘will recollect that gentlemen of craft are always very jealous of Congress interfering with them—physicians, law- yers, are the same, but particularly mechanics, But Congress has a right to lay down the law-—it is tor others to obey it. [ do not think that long usage ir opening the doors of the furnace has rectified what Congress intended. There will be a law, which will come into force in a very few days, requiring vessels to have three safety valves instead of one, which are to act by themselves. After thirteen or fourteen years, Congress still adheres to the opinion, that it iv. absolu necessary. 1 do not understand the testi- mony of. the engineers to be, that, generally, it i+ enough to open the doors; but that if they have bee: negligent they must have the safety valve open ax well as the door. If expet -e had demonstrated that the ure of the safety re was attended with | more danger the attention of the legislature ought of $500 for every vessel which is put in mo- | tion without being registered or Unto that end they constituted a Board of Inspee- tors, and the duties of the Inspectors are pointed out, by the statute; they are to examine the vessel—they are to determine her strength and efficiency—they are to examine her boilers, and determine if they are t strength for the use to which they are to be employed. If they are sufficient, they are to give a certificate to that effect to the master, which f a certificate of enrollment, and which it is necessary for him to have for the employment of the ves- sel. When put in motion the vessel would be en- titled to a higher state of contidence than under the law as it previously existed. If you look to the title of the act, it would seem they had most specially in view @ provision as to the lives of the mgers. But first see how bse Congress provided for property on board. In the first place, it is not only necessary for them to go thfough this form, but Con- gress has rade an express enactment—they must be provided with boilers—an engine—an apparatus to quench fire—they must have the tiller apparatus of metal, and not of rope, in order that it shall not be severed by fire. [The Judge then cited the thirteenth section.] The seventh section ares that the safety valve shall be raised. 1 will read it, becanse there seems to be a quulification put on it by the counse] ax to its construction Section seven of the act of July, 1838, says — it further enacted, thet whenever thepmaste: or the person or persons charged with navigat or vessel, which is propelled in whole or in n, shall stop the motion ov headway of said or when said boat or vessel #hall be stop- ped for the purpose of discharging or taking in cargo, Tuel or passengers, he or they shall open the safety valve so us to keep the b And be under the penalty of two hundred dollars ter very offence.” Ishall remark upon the latter more particularly presently—but, enough to say now, Congregs mani- testly designed to impose upon the master of a ves sel the necessity of having the safety valve raisec when the vessel stopped. Whether he'can show that enrolled | | performed. ay boat | _ to answer tor there is another mode, adopted by him more success: | fully, it will be for you to see. But, gentlemen, Con- personal penalty, they trumed the law as in the twelfth section, in thes Sr words :— 12. And be it further enacted, That every es pilot, er other person employed on boar of At or vessel propelled im whole or in part by st r conduct, neglicreuce, or inattention to hi their respective duties, the life or lives ef any person or persons on board said vessel may be destroyed, shall be deemed guilty of manslanghter : and npon convietioa thereot before any Cireuit Court of the United States shall be sentenced to confinewent at hard labor, for a pe riod of not more than ten years It is on this that the indictunent has heen framed, and the government seek to prove that by the neglect, relessness or inattention, the life of a certain per- named in the indictment, was lost. In the first gentlemen, this law does not require it to be er d by the public prosecator that the detendant has been guilty of any miseouduct or malconduct‘de- siynerly—that he had, by design of purpose, done what led to this calamity.” It is enough to ascertain, in point of fact, whether he has been gnilty ef eonduct, negligence, or inattention; and to arrive that, it will be necessary to have in mind what Con- er ended by the trm. We are to suppose that Congress intended the omission of those acts which would naturally vonsequences that would be criminal miseo . It matters not the degree of the misconduct; if the frets satisfy yon that the ts were the consequences, why, then ‘he is guilty ull the consequences resulting from the disaster. It is important, then, to ascertain what duties are charged on the uisster—of what duties is he relieved? When do his duties, and the duties of the other offi cers, begin? Was it the duty of the master to see the quantity of steam in the “hoiler, and to see the hoiler relieved of anding, or was it the duty exclusively of t * You have heard the stimony of e: officers, and it seems they ot to pilots ¢ n duties: that, in taking a vessel in er out, the pilot is deemed to be the master of the vessel. The engineer has his department, and_ it is said be is not subordinate to the captain; and if that he so. he is responsible. J apprehend the rale, as to to have been called to it, and they would, by some modification, or declaratory act, have relieved officers of boats from complying with that law. You must be very well satisfied, upon evidence that is undenia- ble, that this opening of the doors is at all times ay safe to passengers as the ri of the safety valves. It matters not whether it is more expense to the owners to open the safety valves, or whether there is more delay in doing 40, if it isnot proved that it is more relieved in effect. Unless you find it demon- strated Berend all reason, you must resort to the law as it stands, and the captain must resort to the law as it stands, and relieve the vessel in the way the law points out. I think it the duty of the ea) to see that the person who has c nee of the safety valve raises it; and if he neglects it he is guilty of misconduct. It is not enough for him to say that he depended on the skill of that man. The party under indictment here had no intention to do wrong, The indictment does not depend upon that interpretation; it says you might have done something which would have prevented the explosion. {[ say, from may interpretation of the Jaw, that it was the duty of the captain to have prom: to the mes fave charge that it was their duty to discharge the steam. It was not necessary for the captain te do it personally. It may be more conducive to the service to have the captain allotted to one duty and the engineer to another. The captain may attend to the passengers; he may be sitting in his room; it ix not necessary that he should be standing at the whee! ; bat it is his duty to order that these duties should be If Congress enact that a vessel shall not goinacertain part onjthe Hudson river, it is not enough for him to say that the pilot did so. You will say, gentlemen, whether you can fairly imply. from the evidence, that the captain dit the en- gineer to raise the safety valve when they stopped, opinion the indictment must be found. if not, it is ay [The Judge then referred to the thirteenth section.} That shall be evidence of wrongful act, but it is not to be taken as proof against the captain; but it shall be taken in connection with other proof. The great question is, whether omitting to raise the safety valye was 2 proximate cause of the explosion; and on that ou are to take into consideration the state of the: oiler. If there was a defect, and the explosion took Jace in consequence of that, then the offence: c is not proved. The defendant is called on his negligence or misconduct, and not when an explosion takes place from other uses. If the defence has proved that the boiler was unsate, and not reliable, then the defendant is not re- sponsible. He had no means of knowing it. But yau must be satistied that be had no more than a reason- able head of steam at the time. It must be shown , that there was a prudent use of steam, and that After they had laid the | officers on board these vessels, to be precisely that us | on ordinary sailing veasels—the master is commander- in-chief, and the eng’ a8 no moore right to disobey the order of the captain then the mate has; ihe pilot has no more right to disobey them than the mate has. If this be a dutg arising trom his com- mand of the v it, If he has pot competent persons to perform it, why, then, the law would not imply culpable neglect on his part. It is ® great mistake to think that the pilot is the commander. The captain is responsible for the pilot and engineer—the law recog other master. ‘The Law requires the owner ter both to see sper persons are those duties. gh the owner mint of compensation, and may eele 4 yet the owner has no right to take the responsibility off the master, Suppose the envineer was pushing ahead too much, and Pp too much steam, the engineer is under the control of the eaptain. The law says you ure hound to see all those persons “1, the exptain cannot escape from | under your command conduct themselves properly. | It m mar y be that the engineer is the 41 mare compe nt to jndge of the quantity of steam, but the captain is sponsible for it as if it spring from his own judgment. [f pilot, could say “1 will take such a course; Twill reach Liverpool on such a ranges” or the en gineer was to say “Tl not: keep down the work more intelligent | the explosion took place notwithstanding that pru- dent use of steam. And you must be satiafied that the expiosion took place tyom the defect of the boiler. id vot frum the neglect to raise the safety valve. To convict the defendant of miscon- duct, iwence, ar inattention,. you are to Il to mind the evidence that be did not rojse the safety valve, and you are to examine the evidice ax to the condition of the safety valve; and if you think it is doubtful whether she would not have exploded, even if the safety valve was raised, why, then, he ig not responsible. The Court has no doubt, gentleme: ot your discretion and sagucity, or of your disposing of the case according to the law and the facta. The jury retired at half-past twelve o'clock, and mot having agreed at a quarter past seven o'clock, they were discharged by consent of counsel on both sides. It wis understood the jury stood seven for convie: tion and five for acquittal. Assault with « Dangerous Weapon—Thos. 1 Lee was then placed upon tral, for cruel and unusual punishment. at sea, om one of the crew of the shi» dames Hall. William Elliott, examined by the Distriet Attorney deposed—He was born in ireland, but has bees eighteen years in this country, and is now only fage; | was ig ot before the mes Hall, in November last; she wax lying in St. Jago de Cuba, about three miles from the city; Thomas H. Lee was the first officer; he called me and another, about four o'clock in the morning, ts + Jago; I said it was too soon to go to work; he then said, “ You son of ah ——, I'll let you know it is not too early,’ and he struck me acroes the jaw with the handle of a broom, which broke my jaw; after he struck me I threw the stanchion at him. On crose-examination hy Mr. Geo. F. Betts, the witness said he did not strike the mate with the stanchion; be only threw it at him: witness went into the forecasUe for his knife, aud if he had found it, he certainly would have ased it on the mate. Witness produced @ piece of bone that came ont ot his jaw.) ‘The jury found the acensed guilty, with a recom- tmendation to mercy, because the sailor (Elliott) re fused to do duty, and also hecanse he had assaulted the mate with ‘the stanchion. The Court sentence: Lee to pi fine of #10, which he paid, and was di werior Court—Part Two. Hefore Hon. Judge Campbett. BINAT CK ON HIGHER LAW G. Bird.—This was 0% 'y. Itappeared that the de firm of 9 respectable statuary meant ry. In March last, the plaintiff, wit! about one bundred in number, turne f wages, and went to the pr avor to intimidate him. man ordered them out, and they refused to Bird wax then informed of the transaction, and o1 in, directed the men to retires: this they refused to do and he armed himself with a piece of lead pipe, and in th reneontre that ensued, struck plaintiff a blow. The de fence is, that the oexantt wae justified in repelling i Pam sors, The Judge eharged that the defendant was justitie« in using a certain degree of foxce to repel the intruders and it wae fort ary to say Whether he had ured mor force than was necessary ; if not, the defendant was ent! tle to an aequittal, The jury, widhout leaving their seety acquitted the defendant. " TRADE E 9, om ae pave Loveland, master of the bark Parthean, ar Point, Moryland, corpmitied snicide * ing of the stenm ‘to 20; Til work 40 or 60," could | New Orleans on the 11th inet. dy shooting bimee! rach # tate of thioge he permitted 7 Certainly pot. J with o blunderbuse, 7