The New York Herald Newspaper, February 22, 1853, Page 4

NEW YORK HERALD. eee JAMES GORDON BENNETT, PROPRIETOR AND EDITOR, @UPICE NB. W. CORNER OF FULTON AND NASSAU STS. teeeeeereeeteesessMOe GRe AMUSEMENTS THIS EVENING. BOWERY THEATRE, Bowery—PotvaM—AvsrRatis. BURTON'S THEATRE, Chambers street——Srme> Tm Proves—THE PuRNOMENON. WATIOMAL THEATRE, Chatham etreet-—Six Deanees ov Came—O'NeAL THE GRk«T. WALLACK’S THEATRE, Broadway—Lavy or Lyoxs— Poest Com, Finsr Seaven. AMERICAN MUSEU M—Afternoon—Dear 48 4 Post— Demzenic £conowy. Evening—O.p Foias at Home. GURISTY'S OPERA HOUSE, 472 Broadway—irmoriax ‘Mmopus By Cunmry’s Ormna Tours. ’S MINSTRELS, Wood's Musical Hall, 444 Broad. Ermoriax MovsrReisy. @ERCUS, 37 Bowery—EQuestRiaN ENT#RTADYMENTS. G@BORAMA, 586 Broadway—Buxvanp’s PANORAMA OF was Hovy Lavy. HELLER’S SOIREE'S MYSTERIEUSES, 599 Sroadway. MIBLEY’S THAMES, at 406 Broadway- OPE CHAPEL, Broadway. xo CONCERT. METROPOLITAN HALL.—Granp Conogrt. anneal New York, Tuesday, February 22, 1853, Malls for Europe. ‘THE NEW YORK WEEKLY HERALD. ‘The Cunard steamship Niagara will leave this port at eon to morrow, for Liverpool. Subscriptions and advertisements, for any edition of ‘the New York Huratp, will be received at the following Places in Europe:-— Laverroor—John Hunter, No. 2 Paradise street. Lowpor—Edward Sandford & Co., Cornhill. Wm. Thomas & Co., No. 19 Catherine street. Panis—Livingston, Wells & Co., Rue de la Bourse. B. H. Revoil, No. 17 Rue de la Banque. Tre European mails will close in this city at half-past ten o’clock in the morning. The Wsekiy Heratp will be published at half-past nine o'clock, A. M. Single copies, in wrappers, sixpence. ; The News. Three great commercial facts appear in our columns te-day. Three important movements have been made to bring the shores of the Pacific within a short space of time with those of the Atlantic :— First. The new route to San Francisco, through Mexico, ‘kas enabled us to place news in eighteen days from Cali- fornia before our readers. Second. The Mexican government has granted the Tehuantepec route to Col. A. G. Sloo, and has appointed eommissioners to arrange with our government for the neutrality and protection of the isthmus. Third. The Pacific, from Liverpool, has brought intelli- gence of the organization of a company, with a capital stock of $75,000,000, for an interoceanic canal across the isthmus of Darien. The first isa fixed fact. We publish California mews to the 2d inst. in the New York HERawp of thie morning. That is enough for the present. A | slice of four or five days from Time is considerable im this age of steam, caloric, and electricity. The ‘ther two facts are good as far as they go. To ac- eomplish them much is yet to be done. Our old troubles with Mexico, relative to Tehuantepec, are to be settled, and the interoceanic canal is to be made. Meanwhile, the Pacific Railroad may be placed under contract. But the movements are important and in seeping with the age. Onward! The geographical position of Mexico and Central America, and the interoceanic communications they possess, must cause that wonderful section of the globe to be regarded as the neutral territory of the ‘world. The Pacific arrived yesterday morning, with four days later news from Europe. The intelligence, however, is of a very unimportant nature. The con- fiauance of the Montenegrine war is the only event which was engaging the serious attention of poli- ticians. Austria and Russia were concentrating a corps of observation, and things in that quarter were soon likely to take a turn for the better. Italian and German affairs are still very dull, and even in France itself politics possess but little interest. The Emperor and Empress are enjoying domesticity in ‘the country, and only occasionally making a public appearance. In England, the government were busy preparing for parliament, and amongst the Many measures which they are to bring forward, it ie reported that a bill for extending the elective franchise will be the most prominent. In another page our readers will find the details of the news. The despatch containing the California news, though very brief, will be found guite interesting. Not the least important item is the announcement that the steamer Tennessee was on her way to Pa- nama, with nearly two millions and a half in gold ost onboard. The San Francisco markets had been | unfavorably affected by the arrival of a large num- | ber of vessels from the Atlantic States. The price of Chili flour had receded to $23 a $24 per barrel, and other articles bad declined in proportion. We shall Yrobably receive‘more ample details of the news by the Albatros some time to-day, aa the despatch from the messenger has probably reached the company by this time. By a letter from Acapulco, which we elsewhere publish, it will be perseived that several fatal cases of | yellow fever occurred on board the Tennessee, during her recent trip from Panama to San Francisco, Among others who died we perceive the name of Capt. George C. Westcott, of the secund regiment of United States Infantry. Capt. W. was a son of Hon. J.D. Westcott, late Secretary of State of New Jer- fey, and brother of ex-Senator Westcott of Florida. He served in the Florida and Mexican wara, and was promoted for his gallant conduct in the latter campaign. As we intimated would very likely be the case, Gen. Pierce yesterday afternoon, to the great surprise and chagrin of the office seekers, who were confront- ing him at every turn, suddenly left Philadelphia and proceeded in the express train to Washington. Fortunately bis person was unknown to nearly every one along the route, and this circumstance ena- bled him to successfully run the gauntlet through the swarms of anxious expectants. By-the-way, onr cor- respondents still keep us advised of all the cabinet Tumors afloat. One of them, with a great deal of earnestness, states that several gentlemen who have hitherto been repeatedly named, are pretty sure of being called to the different departments. The United States Senate literally wasted the whole of yesterday—in the first place, by a rambling discussion as to what measure should be taken ap, and, secondly, by endeavoring to amend the Pacific Railroad bill so as to suit, in every particular, the peculiar views of different members. The amend ment of Gen. Shields, to prevent the expenditure of any of the money appropriated for the road within | the States, was rejected, and another, by Mr. Weller, was substituted, declaring that the sum provided shall be expended exclasively in the construction of the road within the territory ofthe United States— otherwise the bill remains in about the same shape that it did at the adjournment on Saturday evening. Had its friends pressed it to a vote it would have undoubtedly passed im time for the House to act on it mut now it is feared that it is too late, and the people will have to wait till the next session before anything can be done towards | giving them a speedy line of communication with the Pacific. The new route to California, through Mexico, may tend to keep them quiet fora while but it will hardly be sufficient to meet ail their wants; | they must have « railroad through the heart of their own country. Besides, there is and will more than business enough for all the routes of 1 sit that are or can be opened within the next ten years. The Civil and Diplomatic Appropriation Will was esterday | assed by the Howe. O.¢ of the most ig- | portant features of this measure is that which provides for a minister to the Central American republics. Our already great and rapidly increasing intercourse with those governments, combined with the ap- parent movements of certain foreign powers to gain a footing therein, renders a mission of this kind ex- tremely necessary; and in selecting a representative, the President will doubtless procure one who is not only conversant with every portion of that country, but will also take especial pains to look out for the interests of hisown. The American people should have aworking, not a dinner-eating, minister in that quarter. Appropriations were made for the custom houses at New Orleans, St. Louis, Louisville, and Cin- cinnati. Twenty-five thousand dollars were granted for new furniture for the White House; but the appro- priation for repairing the mansion was cut down to nearly six thousand dollars. After an ineffectual attempt to get up the bill for the re-organization of the navy, the House went into Committee on the Indian Appropriation bill—did nothing—rose—spent the afternoon on private bills— | passed two, and adjourned. ‘The New York Legislature was not in session yes- terday, both bodies having adjourned from Saturday till to-morrow, in order to allow the members to pro- ceed to Troy, to-day, and partake of the hospitalities of that place, in commemoration of the birthday of Washington. It is hoped that the short respite from their arduous legislative labors will have the effect of recuperating their energies, and cause them to return to business with renewed courage and strength. The foreign news received by the steamer Pacific produced no effect upon our cotton market, while it favorably influenced the price of breadstuffs. State flour advanced 12c. a 18c. per barrel, from the lowest point of last week. Corn and wheat were more sale- able at the full prices of Saturday. The case for the prosecution, in the Doty perjury trial, closed yesterday. The evidence was confined to that of Miss Clifton’s medical attendant. The proceedings against the grantees of the Broad- way Railway were commenced yesterday morning in the Supreme Court, before Judges Edwards, Morris and Strong. Mr. Van Buren spoke forthe entire day in behalf of the plaintiffs, and Mr. Field will com- mence his argument to-morrow, on the part of the defendants. The Rey. Dr. Kennedy, of Brooklyn, delivered a lecture at the Institute last evening, taking for his subject, ‘Home Thoughts for the Married and Single.’ The lecture was very well attended, par- ticularly by the fair ladies of the sister city; and, al- though nearly every one of the unmarried, married and remarried present, had some home thoughts of their own upon the subject of connubial bliss, either in the prospective or actual enjoyment, the remarks of the reverend gentleman were listened to with much attention. The proceeds were appropriated to the fencing in of a burial lot in Cypress Hill Cemetery, recently purchased by the members of the Order of United American Mechanics. - Astonishing Short Trip from California — Opening of the New Route to the Pacific, We present to our readers this morning, un- der the telegraphic head, news from California to the 2d inst. This came by the way of New Orleans, through Mexico, over what is generally known here as the Ramsey route. On the 9th of last month, the steamer Albatros left this port for Vera Cruz, on the experimental trip connected with this new enterprise, having on board Mr. Farnum’ -yith instructions to carry a mail by «aud from Vera Cruz to Acapulco for California. He was also instruct- ed to wait at Acapulco until a steamer, leaving San Francisco at the beginning of this month, should reach Acapulco, on her way to Panama. Having reeeived her news, he was next ordered to retrace his steps to VeraCruz. Upon arriving at Pue- bla he was to notify the captain of the Alba- tros, by telegraph, of his coming, so as to be ready to leave for New Orleans immediately on his arrival. Col. Ramsey had furnished Mr. Farnum with etters to the authorities at Vera Cruz, to the governors of the States of Puebla and Querrero, and to the alcaldes along the route, all of whom are known to him, and deeply interested in the success of this new enterprise. From these the messenger must have received all the assistance which was anticipated by the company here. The imstructions were precise, minute, and could not fail to be crowned with success if care- fully followed. It was anticipated that the time from Acapulco to Vera Cruz would be about five days, as there would be always some delay in the towns where the alcaldes | Were to furnish horses, and as the stage from Puebla to Yera Cruz does not travel at night, thus losing nearly twenty-four hours in the two days between thes¢ cities, From these facts, it would eeem that, when the line is pro- perly organized, the time between Acapulco and Vera Cruz can easily be made with the mails in less than four days. We are thus particular in these details, as the important contract made withia the last few days by Col. Ramsey with the United States government, for the transportation of mails across this route, is fresh in the minds of our readers, and as many had predicted the utter impossibility to cross Mexico in less than two weeks. By the terms of this contract the mails are to be carried in sixteen days from New Orleans to San Francisco, touching at San Diego and Monterey. The time allowed by the depart- ment between New Orleans and Vera Cruz is three days, touching at Tampico; from Vera Cruz to Acapuleo, five days; and from Acapul- co to San Francisco, eight days. The steamers on both oceans are now ready for this service, and the land part of the line is in a great state of forwardness. The Mexican Ocean Mail and Inland Company, of this city, has been incorpo- rated expressly to carry out this novel enter- prise, with sufficient capital to provide for all contingencies. The Australia Steamship Com- pany, of this city, formed recently, have for- mally propored to run their steamers from Syd- ney to Acapulco, as that is the nearest North American port. Itisasingular fact that Aca- puleo, although lying far north of Panama, is much nigher to Australia, which is situated outh of the equator. Here, then, we have, at the same time, before usa practical demonstration that a new and much shorter route to California and to Austra- Nia has been opened to the American public. Acapulco is known to be the best port on the ! ocean. In the last century, and prece- it was the only one used by the Spaniards 1 their commerce with the Indias. It is now again likely to become once more a place of much importance for our intercourse Australia, Asia, and Califor tance are fast Time and ihilated a. becoming | enterprise of the two when the mails were brought from San Fran cisco in a few hours less than twenty-four days the shortest trip on record. Here we have a in eighteen days, and in a few months we wil! have news in sixteen da; Among the various novellies ¢ et, we must place on record the singu- tt matter, has come up to the just expecta- of te public, and for once has anticipated es of the whole nation, in making a subj government at Washington, in ith contract for the transportation of the mails in advance of every other route. Mr. Hubbard, the able Postmaster General, can now make a most graceful bow to the na- tion, and his exit trom office, with this crowning act of his short but enterprising administration of the department. The Art Union—The Fall Opinion of the Cowt of Appeals at Last. We publish to-day the opinion of the Court of Appeals in the case of the Ten Gover- nors of the Almshouse against the managers of the American Art Union, for the recovery of a penalty of three hundred dollars, being three times the value ofa picture distributed by lot by the defendants. Some months ago we pub- lished such an abstract of this opinion as we could obtain, but were not certain of the pre- cise terms of the judgment. We repeatedly ap- plied for a copy, but we have only now ob- tained it. It will be seen that the Court of Appeals unreservedly and unqualifiedly affirm the judgment of the Supreme Court, which de- cided that the distribution of the pictures, by lot or chance, is a lottery within the meaning of the constitution and the laws of this State. The effect of this decision is not only to recover three hundred dollars from the defendants for the disposal of the picture named, but involves the recovery of three times the value of all the pictures they have disposed of in the same man- ner. What a tremendous sum that wi!l amount to! How will the coffers of the Almshouse swell with the proceeds! It will not require any assistance from the city government for years; and the unfortunate tax payers have the prospect of enjoying a partial relief from the oppressive burthens which are bowing them down to the earth. This opinion settles the question forever whether a lottery is a loveery or is not a lottery. It settles it in the affirmative; and the highest tribunal of the State, deter- mines that the distribution of the pictures of the Art Union, by wheels of fortune, isa lottery and illegal; that it is also immoral, as tending to deprave and corrupt the community by gam- bling operations, to guard against which was the very object of the prohibitory clause in the constitution. It also establishes another fact; and that is, that the New York Heraup was right from beginning to end. Mr. Bennett was right when, in December, 1851, he declared that the charter of the Art Union was unconstitu- tional, and the practices of its managers illegal and immoral, and their disposal of the moneys of the subscribers a wasteful misapplication of the funds of the institution. An indictment was levelled at us for this; but that indictment was | quashed by Recorder Tillou, who showed his sound legal knowledge, and was the first judi- cial authority to sustain our views, while such men as Judge Jones, Judge Edwards, Judge Daly, Judge Duer, and Charles O’Conor, pro- nounced a contrary opinion. We were right when, as the representative of one of the sub- seribers, we sought. by injunction, to restrain the disposal of the property till the courts of law determined what ought to be done with it. though Judge Duer refused the injunction. The District Attorney knew we were right, for, after we had moved in the matter, he headed Terripte War mone THE Women—LapiEs, TO Te Rescve!—The war of the roses seems about to be revived, in an improved shape, on this continent, and already the horizon seems dark with the mighty events with which it is surcharged. The tug of war which is’ said to come when Greek meets Greek, is a petty wrest- ling mateh when contrasted with the onslaught of little women. What may we not, therefore, expect when Mrs. Swisshelm puts on her casque and takes her pen in hand to annihilate Mrs. Tyler! All the world has read the spirited retort which the last mentioned lady made to the im- pertinent missive sent to the women of America by a coterie of petticoated aristocrats from Stafford House. But no one was prepared for the terrible battery which Mrs. Swisshelm has opened upon the devoted little champion of her countrywomen, Mrs. Tyler is known to be the wife of an ex-President of the United States; but her exasperated antagonist, though some- what of a celebrity in her own neighborhood, may not be so universally known. We may therefore inform the world that Jane Grey Swisshelm, as she signs her pronuncia- mento, is the principal editor of the Pittsburg Saturday Visiter, of which her husband is the sub-editor; and that she stands in the vanguard of the noble army of martyrs on whose banner is inseribed * Women’s rights and pantaloons.” Six months ago she announced that she had re- signed the chair editorial, and taken to the nursing chair ; but we suppose that, tired of such unworthy occupation, she has again en- tered the arena. To sum up their relative positions, Mrs. Swisshelm may be regarded as the champion and representative of the strong- minded women of America, as Mrs. Tyler is of those ladies who don’t trouble themselves about the women’s magna charta. This being the condition of the combatants, the challenge has been sounded by the Amazonian party. and we only wait now to see whether the other side | will show fight, The cartel consists of a five column communication. published in Mrs. Swiss- helm’s paper, and directed to the Duchess of | Sutherland, as the judge of the tourney. This pronunciamento abounds in phrases and poly- syllables calculated to annihilate poor Mrs. ' Tyler, whom it denounces as the “ little lady | would-be-representative-of-the-women-of-Ameri- ca,” who snarls with * Prince-Charles-spaniel pugnacity.” Her letter is utterly repudiated, | as the “small reply of a little lady’’—one of those “whose souls are made on too small a | pattern.” Even her luckless spouse comes in | for a share of the abuse, and is described as | “aman whom a most afflictive dispensation of | Providence once placed in our Presidential chai Now is the time for action. War is declared, and the women of America | must enroll themselves under the banners of | either of the great leaders. It is nota mere Mare Antony and Octavius contest for the mastery of the world. To the rescue, ladies! Remember, America expects every woman to do her duty! An American Ex-Presipent Gorne 10 Ev- RoPE.—We understand that the Hon. Martin Jacta est alea! | us off by suits against the Art Union in the name of the people and the Almshouse Gover- nors; but, strange enough, he forgot to apply for an injunction, and allowed the managers to sell the property by auction. and to retain the proceeds, which is just as illegal as the distri- bution by lottery. The course pursued by Mr. Chatfield, the Attorney General of the State, is still more re- markable. Our lawyer—Mr. Galbraith—ad- dressed hima letter, dated, January 25, 1852, calling his attention to the violation of the law by the managers of the Art Union. and citing the sections of the constitution and of the laws violated ; but the Attorney General took no no- tice of the application, nor instituted any pro- ceeding to maintain the laws against the infrac- tion of the rich, though he is here now in per- son, to prosecute a perjury case against a single man. He was, then, either ignorant of the law, or. knowing it, was unwilling to do his duty. In either case, we should say that he is unfit for the post he occupies. The section on whieh the Court of Appeals has affirmed the judgment of the Supreme Court is as follows :— Sect. 22. Ng person shall set up or propose any money, goods, chattels, or things in action, to be raffled for, or to be distributed by lot or chance, to any person who shall have paid or contracted to pay any valuable consideration for the chance of ebtain- ing any such money, goods, or things in action. Any person offending against this provision shall forfeit three times the sum of money or value of the articles so set up, together with the sum of ten dollars, to be recovered by and in the name of the On ceweers of boas of the town where tne offence was com- The defence set up wes, that the act changing the name of the institution from the Apollo As- sociation to that of the American Art Union, had repealed this law against lotteries, But the Court declares that even if that were the meaning of the act, it would be inoperative, for the constitution prohibits all lotteries, and the Legislature has no power to relax or modify any law, so as to give them toleration, in any | shape or form. Yet, Judge Duer was clear that the constitutional prohibition did not apply in the case of the Art Union. The opinion of the Court of Appeals, thongh | so long delayed, was worth waiting for. It com- prises both a clear and lucid exposition of the laws against lotteries, and at the same time a history of these ganabling speculations. We refer the reader to it in another part of the paper, and and we particularly commend it to the attention of the managers of the Art Union. How mach better for them to have taken our admonition than to persevere in error till they now find them selves ina very serious predicament. The ques- tion of their liability for heavy penalties has bee! disposed of; but there are other questions still | behind, one of which is: “ How is the property to be disposed of?’ And another: “ Does the section quoted in this article exhaust all pains and penalties on the subject 2” These are ques- tions we may discuss at another time. Sutffi- cient unto the day is the evil thereof. Youne America versts On Fooyisa.—For the amusement and edification of our political readers, we publish to-day a terrible at and recrimination, in which a Savannah paper stands on the aggressive, and George Sanders of the Democratic Review, on the de side. As the antagonists represent the two | Van Buren, ex-President of the United States, | is about to make a tour through Europe, in com- pany with his son Martin Van Buren, Jr., for the benefit of whose health, it is said, the jour- ney is undertaken. This is the first time, we believe, that any person who had _held the dis- tinguished position of President of the Ameri- can Union, has ever visited Europe, and the event is, therefere, singular and worthy of re- mark, It would not, we suppose, be hazarding too much to predict that the gentlemen will create quite a furore and excite- ment in the countries they may visit. Such a sight Europe has never seen before, and the | spectacle will consequently excite not a little attention there. Besides, Mr. Van Buren is not merely an ex- | President. He may be regarded as an ex- King, and therefore, having a claim on royal hospitality. as in his day of exaltation he was commonly hailed as Martin the First. During i his presidency, his son—the then Dauphin of | America—was féted at the Court of Saint James. where he had the honor of having Queen Victeria’s hand at one of the royal balls, and in commemoration of this event, as well as by here- ditary right, the young Van Buren was dubbed | « Prince John,” a title which has since clung | to him. As Mr. Van Buren is, therefore, in some de- gree the legitimate representative of the ancien régime of America, he will receive grea. attention in the courts of Europe. Yye | royal matron of St. Jamey will doubtless not have forgotien the impression made on her by Prince John, and will take pleasure in honoring his father. Wherever he goes, we ex- pect he will be féted as a distinguished guest. | | | Mr. Edwin Forrest at the Broadway Theatre, As often as Mr. Forrest has been greeted with that en- thusiasm, such as he alone elicits, we bave never wit- nessed a more heartfelt, unanimous, and prolonged ap- plause than that with which he was saluted on his ap- pearance last evening at the Broadway theatre. The house was literally “ crammed;”’ every seat in the dress circle was taken before ten o'clock om Monday merning: and the rush was so great on the opening of the doors, that the parquette was filled long before the rising of the | curtain, Damon was the favorite part chosen by Mr. Forrest for this oocasion. To criticise his performance of that character, would now be superfluous—he has made it his own, and is looked upon, and justly so, as the only Damon of the American stage. On his entrance he was received with immense applause—cheer upon cheer followed from all parts of the house, to which Mr. For rest gracefully bowed his acknowkdgments, and at length was permitted to proceed. He sustained the character with his wonted foree and genuin dramatic ability, Popular as the play of ‘Damon and Pythias”’ is, powerfully and beautifully ax it is written we still could not help fee!ing that it was not Banim, th» author, that the audience came to hear, but it was For- rest they came te ree. Yet they were not unmindful of the efficient aid he received in the excellent performance of Madame Ponisi, Mrs. Abbot, Mr. Conway, Mr. Pope, and the other artistes. The house presented a most im: pressive appearance. Added to the grace and beauty that nature lent by the presence af some of her fairest daugh- ters, the boxes and gallery were festooned with the American flag, inhonor of the great American tragedian, which gave & magnificent coup d’ail to the house. At the conclusion of the drama the applause was yo ciferous, and tho call for Forrest was such as could not be denied by him. The American tragedian then came forward and ; aid — Ladies and Gentlemen—After the arduous and dificult part which I have performed to-night, I find myself in such a state of exhaustion that I can scarcely address you: but I feel that on this occasion I ought at least to | say a few words to you. (Applause) To say that I have been gratified by the warm, cordial and enthusiastic re- | ception which you have given me to-night, would be to use | a phrase whieh is inefficient. I cannot express my feelings | on this oecasion—for I am gratified beyond measure; but | ell I can offer to you inreturn is my sincere and heartfelt | | gratitude, and my assurance that no endeayor on my qi part shail be wanting to render the performances whic! we oiler yeu worthy of your highest consideration. One of the ehief objects of iny professional life has been to ad branches of the democratic party, Sand being for the nonce the champion of Young America, and the other of old fogyism. the | trife is highly amusing and interesting, and vill, doubtless, create much excitement amon the politicians. If peace not soon de clared between these belligerent sections | of the party we they will eventually be found in the same position as the celebrated Kilkenny cate. Will none of the distinguished men of the party inte ¢ to restore amity, and t thie t preys rible catastrophe ? vance the interests of the drama— To wake the soul by tender strokes of art To raise the genius and to meud the heart > in conselous bold Live o'er the scene--and be, what they behol Jedies and gentlemen, if I have in any way advanced of there objects, your approval—your «miles—are a r. Forrest retired amid great applause. performance this evening any it 0 @ grand Yall in honor of Wi Forrest's engagement. ix li next, ax he lias made it @ sine qua non with the that'he must be in Waebington for the inang #! Pleree, | way Railroad resolution, agai | Council mentioned in the of Crosby ond Spring «treets: | Marine Affairs. Carevanc OF 4 SLooP AND Loss or me Crew.—A sloop, name unknown, which loaded with railroad iron at the foot of Rutgers street, for Piermont, was struck with a sudden squall on Friday night, opposite Yonkers, and im- mediately capsized and sunk, in deep water, carrying down with her the crew, consisting of three persons. The Cap- tain, who was at the wheel, was enabled to jump into the boat, towing astern, and cut her adrift, He heard the cries of his drowning crew, but being without oars, could not go to their assistance. The boat eventually drifted ashore, with the Captain nearly frozen to death. Derarrure oF Cauivorsia Sreamers.—The Ohio and Cherokee, mail steamers, and the Uncle Sam, all left port yesterday afternoon for Aspinwall, with # large number of passengers. We publish their names in another column. Lavcu.—Mr. George Collyer will launch on Thursday next, at ten o'clock, from his yard, foot of Eighth street, Fast river, the steamer Rattler. She is owned by Mr. H.H. Crary, and is intended for harbor towing, under the command of Capt. Géorge Seely. TO THE EDITOR OF THE NEW YORK HERALD. Loxpoy, Feb. 6, 1853. By letters from New York, I find that the ship Courser, of Poston: reported, on her arrival in New York, having spoke, and being in company with the Invincible for several days, between Cape of Good Hope and St. Helena. You will please contradict this in your columns, as there was no vessel in sight of the Invincible from Cape of Good Hope to 3 degrees south latitude, longitude 19 degrees west, which position she had the day that the Courser arrived at St. Helena. I remain, very respectfully yours, H. W. JOHNSON, Com, Invincible. Compuiment to J. W. Rocers, Comer ENGINEER oF THE U.S. M. SreaMswip ATLANTIC.—The ssengers of this tip, on her voyage from Liverpool to New York, in Sep- tember, 1852, appointed a committee to procure a suita- ble testimonial, to be presented on their behalf to J. W. Rogers, Chief Engineer. Mr. Rogers has occupied this osition with great credit, and the committee selected jesers. Ball, Black & Co. to execute the charge committed to them. Those gentlemen prepared an elegant tea ser- vice of silver, consisting of four pieces, and, on Saturda; last, the committee sent it to Mr. Rogers, with the fol- lowing letter:— New York, Feb. 18, 1853. J. W. Rocens, Esq., Cimer Enoineer or tHe Unrrep ‘Stares Mal, STEAMSHIP ATLANTIC: — Dear Sir—The passengers on the. steamship Atlantic, upon her passage from Liverpool to New York, in the month of September, 1852, contributed a fund. t6 provide some suitab! je testimonial’ of their appreciation of your skillas ehief engineer, and your long and successful ser- vice in the engineer's department of that vessel, and ap. pointed the undersigned a eommittee to carry their wishes into effect. In the execution of this duty, we have selected a silver tea service, which we have the pleasure to present to you with this communication. On behalf of our fellow passengers, we beg your accep- tance of this evidence of their high appreciation of that assiduity and intelligence which have placed you in the prominent position of Chief Engineer of the Atlantic, and contributed go essentially to the great suecess of the steamers of the United States Mail Steamship Company from New York to Liverpool. We trust that this token may tend to increase the sati: faction with which you contemplate your past success- ful and honorable discharge of the highly responsible duties confided to you; and with the kindest wishes for your prosperity, we remain, very respectfully, your obd’t servants, Edward Sandford, Richard H. Winslow, William W. Gilbert, \. Schwarzwaelder, Dudley Persse, Benj. H. Tallmadge, Committee. Pact Jvuten’s Concert.—It is almost, we are sure, su pererogatory in us to call the attention of the lovers« music in this metropolis to the fact that this evenitg little Paul Julien’s farewell concert takes place, in Metro- politan Hall. When it is recollected that to his own magical performance on the violin will be added the charms of Madame Sontag’s voice, and the assistance of the distinguished artists of her troupe, we are confident that the concert will congregate one of the largest and | most fashionable audiences that have been attracted to the Hall this season. Little Paul is the greatest and most popular favorite of the day, and we hope that on this oc- casion he will receive solid proofs of the fact. He is the most faseinating ehild that has ever appeared in public. ‘None know him but to love him.”” Mapame SoytaG appears to-morrow night as Norina, in “Don Pasquale.” Superior Court—8; ‘Term, Before Hon. Judge Duer. MORE ATTACHMENTS AGAINST THE ALDERMEN. Davis and Us. Idermen of the City of New York.—The court presented ae an unusual spectacle C this m . Nearly all our City Fathers appeared w) the motions, for attaclinent reyes them for contempt in .—Thomas E. Fs. the Mayor, Ai and disobeying the injunction issued by this court. Messrs. Geor eo ood, James W. and Henry Hilton appeared for the plaintiffs, and moved that attach- ments be Tiened for the contempt in the Broad- all men and Asxistant Aldermen who voted in favor of it. ‘The following is a copy of the affidavit :— City and County of New York :—Abraham Moore, Al- derman of the First ward of the city of New York, being sworn, saith: That on the 29th day of December last, one of the members of the Board of Aldermen moved the re- consideration of the joint resolution of the Common eek ered the same having been returned by the Mayor, with his objections. That thereupon the President of the Board red the ques- tion to be on re-considering and passing said resolution, sy ee is aS objections of the Mayor, and ordered the question to be taken by ayes and noes, and directed the Clerk to call the roll; and thereupon the Clerk called the roll of members, and, as the name of this deponent was called, he did, in the performance of his legislative and public duties, as a member of said Board, vote upon said resolution according to his best judgment and eon- seience; and that this was the only aet done by him, in relation to the said resolution, after, the fscuing of the said injunction. BRAHA! Sworn before me, this 21st day of February, 1853. W.R. , Comm ’r of Deeda. Judge Duer directed each of the Aldermen to be called, to see if they were present. The first Alderman called was Abraham Moore. Mr. Edward Sandford appeared for him, and read his affidavit, stating that he voted for the resolution, when his name was called, and because he considered it his duty to vote. Judge Duer did not consider the affidavit as showing a sufficient excuse, and directed an attachment to issue against the Alderman. a The names of the other Aldermen were thon cated, Mr. Charles O’Conor appeared as éounsel for Alderman J, F. Oakley; Mr A. J. lard as counsel f: men | Barr and’ Witiam M. Tweed: Mr. ‘Dudley Fad’ as counsel for Aldermen J. W. Bri-’ ‘W. H. Connell, A. A. Denman, and Willlam J. Poo. and Assistant Aldermen S. Hatlabbatt: Fawin souton, Joseph Rogers, J. H. Valen- tow na “euliam McConkey; Mr. Edward Sandford as YZcel for Aldermen Dudley. Haley and John Doherty, ‘hd Assistant Aldermen J. W. Brown, T. O’Brien, John F. Rodman, Patrick Breaden, C. H. Ring, H. M. Wells and W. H. Wright. Aldermen James W. Bard and Assistant Alderman Thomas Wheelan were also represented by counsel. Aldermen Richard T. Compton and Brisley appeared in person. Mr. Willard desired to argue the question as to whether this edurt has jurisdiction to restrain a public officer in the performance of hia duties, or to confine such an officer. Judge Duer—That question has been fully argued be- bie ‘is Court, and it has decided that it has jurisdic- tion. Mr. Sandford—We desire to file in each of these cases affidavite of the partics of » like character with that of Alderman Moore, and to enable us to prepare these affida- vits, we wish these eaves adjourned over. Mr. Gerard—We have no objection to your putting in the «ffidavite, and we will consider them in as of to-day. ‘Thet need not prevent the issuing the attachments Sudge Duer—All those cases where the parties desire to ut in affidavits, wil stand over until te-morrow mern- ig at ten o'clock, at which time attachments will issue, returnable om Wednesday morning, when interroga- tories will beled, answers te them put in by Thurs. day, so that the whole of the cases will come up to be finally dispesed of at the general term, on Saturday ; next. Mr. Hilton—Some of these Aldermen appear in person; we will now ¢all them. Alderman Richard T. Compton—I have not employed nny lawyer, and don’t know that Ineed any. I veted for the resolution in the Board, beeause I thought I ought & I didn’t suppose I was disobeying any order of the Court. Judge Duer—If that is all, then, Mr. Hilton, you will take an order for attachmentagainst Mr. Compton. Alderman Wesley Smith—Please your honor, I haye no lawyer. 1 voted for thg resolution, not out of any disre- spect to the Court, But because I thougnt I ought to, and because I was advised by counsel that I had a right to do 50. Alderman Compton—I acted under the adviee of coun- sel too. Judge Duer—You may akko, Mr. Hilton, take an order fe tachment against Mr Smith. Each will be bailable , and returnable on Wednesday. Orders for attachment were then entered against Alder- men Moore, Compton, and Wesley Smith ; and writs for their arrest were subsequently placed in the hands of the Sheriff. Superior Court—Part Second: Before Hon. Judge Emmet. Fen. 21.—Henry P. Wolfe vs. The Hudson River Rail road Company.—This was an action for damages done the horre and cart of the plaintiff, by carelessly running against them in West street, between Jane and Horatio streets, on the 19th of July last, whereby the cart was broken and the horse seriously injured. Damages were laid at $300. Sealed verdict. rior Court—Part First, Suj Before Chief Justice Oakley. Ieaae Sternbery vs. John Halston.—This was an action for injary done the plaintiff's child, a litt'e girl, about five year b, running over it on the 2d June, at the corner Verdict for plaintiff, $25. Court Calendar—This Day. _Usirep States District Covrt.—Nos. 46, 48 to 58, crenion Covrt—General Term.—Brondway Railroad in- cretion case still on, Covrt—Cinceit Corr %, 165, 186, 167 77, G01, 602, 509, 3, 261, 421, 465, 37, 539, 539, 540, 515, 413, 466, a , 122) 390, 00, 608, (8, O72, b Fhe ABegee Pexpiy oy the Vereen COURT OF GENERAL SESSIONS. Before the Recorder and Ald. Wesley, Smith and Bard: SIXTH DAY. Feprvary 21,—The trial of Wm. M. Doty was proceeded with this morning, the Court being as much crowded ag from the commencement. The first witness called was Dr. Quackenboss. lowing testimony was given by him:— Henry F. Quackenboss sworn—Was a practising physi- cian; had been so since 1839; knew Miss Josephine Cliftom in the years 1843 and 1844; she was confined to her bed. doves the whole of the month of June and part of July, 1844; her disease was gout; he lost sight of her at latter part of July, she was so much better; he did no& know whether she could go out or not; was always hee attending physician; during his absence in Europe, she had another physician; witness left for Europe in October, 1841, and returned 4th Suly, 1843; Mise Clifton was first taken sick on 26th April,’ 1844, with the gout; was sick all balance of the month of April; all’ May, June, partof July,; of August, September, and October, Q. Was she out of town during’ the 1844 to your knowledge? (Objected to and wit wo. a Wag she, to your knowledge, out of town in i844, during A. Not to my knowledge. The fol- the months Ce sh ee ae v ie Cross-examined by Mr. Clark—Did not speak entirel; from recollection, but from recollection and a book ed count he bad; was examined asa witness on the triak between Mr. and Mrs. Forrest, apd stated that she was sick durin, kgeres the whole of the time from the 26th April to the carly part of, November, Q. Did you not then swear that she was sick the whole time from 26th April to the 10th September, 18447 A. Iam of opinion F did make such a statement. Q. Are you not certain? A. I am. Q. Was not an inquiry made of you om that trial, as to a certain account from which you’ had refreshed your memory. A. Yes, Q. What did you say with respect to it? A. That it had been stolen. Q From what place did you say it had been stolen? A. From the seat in uy carriage. Q. Where did you locate the carriage at the time of the theft? A. Ina side street, off Broadway. Witness con- tinued: he further said he kept his own books; nobody else wrote in them but himseif; he did not recollect say~ ing anything else; thought he did make a contrast be- tween the care and attention with which his books were kept and those of any merchant or banker in this city ! Q. You have made a different statement as to the date of Miss Clifton’s illness now and on the trial of the divorcee: suit. Which of those statements is true ? ; Mr. Chatfield objected, as the question assumed he had jone so. Mr. Clark pointed out that the fact appeared on his evidence; at the same time, he imputed no want of integ- rity. Question ruled out; exception taken, @ pia you say anything in elation to entros in that book of daily visits to Miss Clifton from April to Septeme ber? A. Yes. Q. Did you not ay there was anentry of a visit to Miss Clifton on the 10th September, and daily entries of visits from that:time back to 26th April? A. Ihave no reeollection, sir, of having made such a state- ment. Q. Will you swear you did not. A. Yes sir. Witness continued—He had found that book one fort- night after the trial, on his office table; he had no idea how it came there; he had it when attending at the City Hall on the divorce trial but once; that was on the first. day he expected to be called as a witness; did'nt know what day that was; that was the occasion upon which the book was stolen; had not been subj or notified to roduce that book; he exposed it to Mr. Knox (son of Rey. )r. Knox), to a gentleman in his office, to Mr. Van Buren, and to no one else, anterior to its being taken; did not ad- yertise for it, but the loss of the book was reported im the report of the trial; had his suspicions as to the source. from which the book was returned; thought they were sufficient to justify him in making a statement; he thought the hand that took it restored it; he did not know whose that was. Q. In case you stated on the divorce trial that there was an entry in your book of a charge for daily visits from 26th April to 10th September, was such statement correct? [Objected to by the Attor- ney General as being quite hypothetical. ‘Objection ‘sus- tained and exception taken if Witness continued :-—In 1844 his father resided 25 miles up the North river; did not visit him that year: thought Dr. Cheeseman visited Miss Clifton once in consultation with him, while she wag sick with gout in the stomach; she was very usly ill in June and July, 1844; thought he had taken no more interest in the controversy between Mr. Forrest and his wife than every honest man in the community should take; bad rendered no services beyond those of a witness; he decidedly had taken a special interest in it; one of the parties was, he hoped, a personal friend. @. Of one do you entertain that hope? Witness. I regard one of the parties —— ‘ounsel. I don’t care for that—which one? Answer. Mr. Forrest. Witness continued.—Had visited constantly at Miss Clifton’s house; his visits were not all professional, but mostly 80; on one occasion he never ide f¢ two days and three nights; that visit entirel) - ken fessional; never took supper there at night; we a servant they called by the nickname of ‘ Blazes;”” witness calsed her Susan; Miss Clifton gave wy housekeeping when she got married and went Sout with her husband; she always hada house; the one he meant was in Prince street; she from White ta- Prince; she boarded a time at the Carleton House, and af 366 Broadway; witness’ office was in the same house, and he visited her every day; saw her it may bave been in the evening, as well as in and late in the evening; had no particular his mind to it, but it was quite likely; didn’t think he had ever been in her room at wa} {unless she wns sick after nine at night; never remained in her room there night; didn’t know how long she boarded there, nor what year it was; her leaving Broadway was not in with his visits to her room; might have been necessitated to have visited her as early as five o'clock in the morning. Q. And was your call so sudden that Bh had only time. to puton your morning gown and A. Tcer- tainly never went from my office to it a lady in my merning gown or slippers. aL Where did you sleep? ‘A. In my office, in the front it. Examination continued—Prescribed Fi ea for Miss Clifton; she was always taking medicine '839—con- stantly suffering; witness duated in 1889, in the Col- lege in Crosby street, he thought, but was not sure of the year, as he never read his diploma; his d was confe: in the spring of 1841; he meant he peaciicn] in a5 as he cock oot erpicate Lett e was twenty-one years of age; at ; his father had been attending her, and tent him; he began to charge for his professional ser- vices when he returned from Europe, in 1843. [Affi- davit made by witness in the court, om Doty’s examination, here handed to him.] Made that. affidavit; did not know at whose request he it; was certain about the date when the book restored; was not certain when he made the affidavit, and did not know whether it was before or after the ren- dition of the verdict in the divorce suit; the book was’ now at Florence’s Hotel, locked up; the key is in Mr Lovejoy’s possession; was afraid it might be taken from. his office; he hada particular reason for taking it to Lovejoy’s; he thought it would be more convenient if it Were wanted in the Court; his office was up town, Broadway; he gave it to one of the boys to lock it up, he did not know his name; he meant one of the waiters: he told him to lock it up, and waited till he did s0; told him to lock it up in ong of the rooms. Which room A. Mr. Fortes’ ‘ Witness continued—Had taken it théro the day it was restored, and had never seen it since; had been ia Dir. Forrest's room nearly every day since; he had not book with him to-day; his cash accounts were kept with the same regularity as the others; had no cash account of receipts from Miss Clifton, because she had never hima dollar eed ‘a lady, who called herself her mother, paid bis bill for the visit to Beltimore; Mr. Place did not pay his own bill either; in explanation witness wished to say that Miss Clifton gave him a diamond ring in part payment, and memento of her feelings te- wards him for his kindness and attention; Mr, Place had borrowed this ring, and converted it into a pin, which he wore away with him; that pin the yitness had not seen or had, and, therefore, said he, jean say with truth, that I have never pegoleed anything for my services. Mr. Clark-eJ should think you could. (Cangiter) Q. Did you ever see this Susan at Philadelphia? (4 pause.) JT mean “Blazes.”’ Objected to by Mr. Chatfiel upon which a long argument ensued as to the rights of cross-examination, in which Mr. Chatfield, Mr. Clark, and Mr. Whiting, each, took part. The Court ultimately sustained the objection, and de+ fendant’s counsel took exception. The following questions were then put, towlitch ob- jections were taken and sustained, defendant’s counsel excepting in each case :-— ‘When did you see her ai Philadelphia? Maa you any conversation with her in relation to this rial iE 5 re t Did she at any time speak to you in relation to her testimony in this case? Q. Did you fo for her to Philadelphia for the purpose of procurl ing her attendance here as a witness? This question was objected to, and Mr. Clark claimed, (if the witness answered it,) the right to go fully into the matter. Mr. Chatfield would not admit that. Mr. Clark—Then I withdraw my question, as a full in- quiry will not be permitted. (Loud laughter.) ‘The Court thereupon peremptorily erdored that greater decorum be observed. Mr. Clark—If the Court is disposed to preserve its own dignity, it will order this mob out into the hall. The witness wished to give an explanation, and went into @ very long one, the purport of which appeared to be that, when on the trial 6f the divorce case he said Miss Clifton was confined to her bed from the 26th April to the 10th September, he meant emphatically that she was confined to her bed most of the time, though she wag able to go down to the parlor on some days. She was subject to sudden attacks, a minute and detailed deserip- tion of which he was proceeding with, when the detent. ant’s counsel objected—they were not explanations, and the Attorney General dosisted from qestioning him fur- ther, John Meekin, chemist, sworn—Produced his book of filed prescriptions, and identited several as being pre- seribed by the last witness for Miss Clifton, during the months of June and July, 1844, up to the’ 10th of the ater. Cross-examined—His book went to a@th August onl, but Le saw no other for her. ‘The one for the i0th July wasa simple anodyne, he should suppose; the others were prineipally colchicum and medicines used in gout. ‘The ease for the proseextion rested here ‘The Court adjourned at the usual hour till this (Tues- day) morning. Personal Intelligence, Mrs. Harrie, Beecher Stowe, with her husband, Dr. Stowe, a d nom other members of their family, proceed direct to Scotland by the ateamship Glas nich from New York on the 26th of March, eo"? "uch salle Among the arrivals yesterday at the Metropolitan were Lientenant-Covernor Sandford E. Chureh, General Duff Green, Washington. KeDinger’s core i either rex. nent is as certain to all aches, pains and weakness, with Sckl in large bottles at $l each, and $9 por ore Liniment cures the heaves, sores, cuts, ngs, and work the horse daily. 476 Broadway, and at every ates. Pepots, 220 Pearl s druggists in the Unit Dr, Wheeler, Oculist, 28 Barclay street, de= votes his attention to diseases of the eye, Chronic in- flammation of the eyelids, however long’ standing, com- letely cured, and films and specs removed without sure gical operation. Office hours, 8 A. M. and 2 P.M. Freneb artificial eyes inverted, to look equal to the natural organ. ? ‘4