The New York Herald Newspaper, August 21, 1853, Page 1

: WHOLE NO. 17545. Dann SOB NOTED, i gh OWER ‘TRE.—DOORS OPEN AT 7; CUR- Ho. Ee: ‘a GROST D: . Hawbli: Beste: ir Borve| eviate ise Somers RS STREET.—DOO! honasy ‘evening, August 22 wi ho “ Thi BREACH Sp PRP MISE. “ide Zoparton | Mstildns es, Men Beene Georgina. Mrs. Ramso, PogRy ess ir. Norton Mr Holland jon Bag ty a fo look. ae CLE 10W'S caBiNe = Ngo THEATRE, cuaTaaM STREET.—DOORS at 8 of Fox bi Ophelia. Ewmeiin: MON- ‘O NEW PIECES ON in the ng, at London, vis. in ITH THE MILKPa reoon at 8 o’clao! Gilden. tre feiss Secntes aaah iosiee Basual.” Admittance, 3 conte, Callares woder ton veate, Ap cents, First Balcony and Parquet, 1234 conte extra, oe ee man Opera Troupe, orga lent cot Thea in existence; ‘the mode! troupe of tl harmonised , resent popular style of oort: city fora past have beat fashionable audiences, ‘unpreced js tae sepals of public ‘ork. Tickets 25 cents. Doors open at lock. Sole proprietor and 3 KDWIN P. CHRISTY. |ASTLE GARDEN.—LAST NIGHT BUT ONE.—MON- dey, August 22 ane veblic ‘ere renpectfully informed that, in obedience to Bone desire, Mozart's celebrated swith ska wandectsl cast, will be tepseaed on Monday, August 32, on which oceasion the ode Byes 25 PRIME DONNE, SONTAG. SIGNORA 8TEPFANONE, and AMELIA PATTLSTRAKOSCH ‘will appear, for the AST TIME, ‘dm ome and the samo nicht, supported by the entire strength the Cor On OF the COMP EN DAY AUGUST 22, lies. LON GIOVANNI. be seo way; ood Van N & No 45 Walt street. Tickets sesteioacs We bed a ts onli ot the pectormaaee at Ps aaa concenrs, CASTLE GaRD ‘OOMmRROrNG MONDAY EVENING, Avousr 29, 1853 mes containing full particulars will be shortly CK) s eens the Sldert u 8 OPERA HOUSE, CHINESE wi 639 it, by the celebrated Buck- ol established and the first te “sq ia <estotence bei 9 fetane biopten au Se ferro, all Upersalc Cheruste - ‘yore ted in te pesoent iey.”? Concert commoners at § e’eleck. Ad: B .EY8, Proprictors vi P'BUCKLET, Musical Direster 8. BISHOP ‘4 ‘AGHINGTON CIRCUS, CORNER OF_THIRTY. ninth street and ih avenee.—Mann, Moore, aad ‘Thom poor. ‘eters. Z of balan z CARWIVAL OF VENICE = EVERY AFTKRNOON this week, in addition Se the prefecmageee by the oferneen sed sresiog ‘Doors open ry ‘2o’oleok; performen: mence at 3. ia ia irekeamen” ainty ‘Admiseion to all perts of the house, 25 gente, ; aa Me™ 208 OWENS ow BLANC Every Evamno, (Excerr Sarvnpar,) ACADEMY HALL, 63 BROADWAY. "Musical Director. ..... Alfred Sedgwick dmission, 50 cents. oat —— Brad two ladies, ome dollar; children under Doors open at 7; entertainment to commence at 8. ‘Ticket office open from 10 till 4, LEA a Mw , 175 cHaTHaM . r NC iasato and preseatel io Bares ot ie Mite Gastecte reeups of Model ay gether with a variety of besutifal performances. Forfa see of each day. Admission:—Seate in ate, boxes, BO cents; Stage Gente, with @hairs, 8734; Boxes, 25 conte; Gallery, 12}6 cents, * RANKLIN MUSEUM, 175 CHATHSM SQUARE.—THE Fi" Aire ceteblistment having undscgone's thorough ae , Will open. for the enssom, om Monday, August 23, ew company of male and female performers, who Mito Gasunets bas ceguaises’ «Pow treeps of Model ats, whe will appear at cach entertainment. ANVARD'S GKORaMm—SGYPT, PETRA, B Thy dasa of Race Bnttrely new and extensive pane- Red Sea, Caravan Ne" Mesa, 4 etka ail ite ‘rondertal phone: 7 to all the pancramss ys reser ts; ehildren half Brery sapesiay and Saturday shorpesus ai S veleok Li ar J “Two GIGANTIC LIVING GIRAFFES, THAT Py carb et the yop hee ried are bt) soon seventeen fest, and Cleopatre Atveon foot, high. Thoy are iy Girafes in Americn ond qo South ins. fe Admittance, 2 conte, Children wader ten, Delf prick. 10.000 serstsnae VANA SEGARS, OF VARI- nd of the very finest qualit yal prices sale at 25 per cont bel art ‘Also, 10, Gases of claret wins, from 81 60 to $12 per ones, OF ole we roe UENSON E Cor importers, ‘A Broome street, corner of Moreen, $100,000. sect corn of every devoription forsee St from 20 te 26 por cant (for cash) below eny otter honse, at WM. D. BENSON & OO'S celebrated braady store, No. 454 Broome stroet, corner of Mercer. T WHOLESALE AND R&TAIL—COGNAG, RO- chelle and Bordeaux brandies; ports, sherrics, and Msdoiras; Scotch and Irieh whiskey, Yau ad St. Croix orted bracds gin, Bast Indie and Edinburg ales, ‘ard Dublin port-r, Havens Segars, £0, £0,, for PLTELS & CHAMBENS, Importers, 200 Broadway. URGUNDY PORT.NOW LANDING, PER BARK 221 half DD gullette, direct froin Port Vend Pipes 1 500 “quarter caske, of the perior quality, Wit ve vote o ee ip 100 Poael streets nw BUNDRRD CASER the sia Broome rYERER? ry are ae price. RRS. Importers, 509 Broadway. ean WINES.—HOCKBEIMER RUDESHEIMER berger, Steinbe: C ot Hs Sauterne Chater Was - ma dullaa, St Be ¥ at house, Old ‘oholor black brandy. the bee’ the market 4/1 Broome atrnet OLUTHIsG, de THOUSAND DOLLARS ash price wi | be liberally me money for ine aad smaltioes of good § eription. “address shesagh ot, or Ost) on JAMES MOXUNEY id ore, No. il Orange street. near Chatham) 0nd hand LOTHING aND FURNITURE WaNTé ‘and gentlemes ner Canal stroot ‘and 63 Samal atr BeesSer past, addressed to 9. CONAN ty irs, Cohew. Lav De ooekve & Went Broadway Ladies FOR rari vodteble business, sirvedy eotablieied, tm this ¥ a> ines, 1y 06! inthis city, Year ofits $10,000 Best of von and fequired. ad- Ls ; Horela offs, for ve care. vibe “7 HE GDVERTISER W188: FORM A BUSINESS RS ila me om Abljah Pettingi) Emprtor....... Mond. tence wi Overture—' HOR! FAR LAST APPEARANCE Birr MME. xT lay ovening, Augurt 22, the Tehthe “ Die Grossfurrtin’’. motor. ..... Followed by the opera, ax YANKEE IN oHiNA Mr. Jos. noe e LOVE TEST. ENGoGEME 1K. BWELL NA THILLON HE OITY OF NEW YORK, tertainment will com- three ote, AMILIE. e wonderful KAVELS. 8 ST. CHARLES THEATRE.—DOORS: OPEN at 63; curtain risos at 7%. Monday ev Carrara, Lily Dale... Nancy Till, Kat; Deage et Belit Ny express) Openin; M: Chorus, “' Jo; Pere of varlin; beam Ai ‘will be perto1 ‘HE BRIGAND Mow i in tess. Mrs. Monell ‘Mra’ Thorne Miss Allon Lealie Miss Joli Pelby s. Thorne Cou Ni Mise May iss Allan istence. ager sad Pro AY EVENING, 1 Wontta Minerale Oo Jo: ym Benet y f the Uipeoy's Warn ‘jBryaat’ and Walle Bi rier illoms and Hornander Ai En, Portraying the peculiarities of the Darkies of the South. The Coop Hunt. oe . Wells and Company After which will 0d estio tragedy of THE D VOLUNTRER. Alphonso Squibbe. . 8 A. Wells Frederick Fitero: eae bs, To ommaieny with th Time altered Doors open-at Ts mencen at § e’cioes pred The music of ‘Ticket Office, Mi Admission. ........ a . Children under twelve yoars of axe, half price. ng lost brother. JorryBryant ° OUISIANA PLANTATION JIG, J erry, Dan Bryaut, and Williaws. eel. the sare of Wood's Minstrels for aale, at the rel Hall -25 conte B vigeee sh BS HIPPODR( ME -GLORIOUS SUCCESS. HOT Rvery Ar: WSATHER BAFFLED! NOON AND EVENING, Tenth werk of the ane tournament of the mepee hal ‘Tioketa phant. Tom raoes; arand ladics’ and 25 cents, d 73g o’olock; performances to com- our 2 seoured at the Western Hotel, Aster House, Leve- Joy's, and Lodworth’s Music Store. ) for the on MEEDAMES SONTAG, ASILE GARDEN.—ITALIAN OPEBA.—POBITIVE fora of ha Opera, Bas Capen y or |, GRAND OPESATIC FESTIVAL, ‘WHICH OCCASION STEFFANONE at STRAKOSCH, SIGNORS SALVI . POZZOLiNI, RINT, BADIALI, BENEVENTANO. ROVARE. VIETTI, ROSI, WILL SARIN TWO GR. OPERAS ‘The performance sill jn at 4 o’olook P. M., with LUCREZIA BOKGIA, with the following immense onst: Lvoresia Borgia. Kindly co secondary effect to the even M hha ted, for this occasion only, to take th partsin the above Opera, in order to give fuli riormance. jetti have e emall, After which, an The Wm King’s, statiovers’ No will continue until Tuesday, at 10 0 Notice.—Parties eeourin, " hasing their Eye yenatning whole of the BrgkLzy's Broadway. —Monday evening. August 22, twe pers of INTER jade le of all & 8 Free 80 obeobs the seate will Performances, mrssion Oy Owe Houn ann a Haus and refreshment. LUCIA DI LAMMERMOOR. “aigeor Sa . 03 Bi Badiall nor Kost Qi secured seats commenced at the music store of t Van Nord 0. road: $2 Wall strent, on Saturday, jock. ‘seate are informed that. upon jekets, they will reosiv- checks for which ndiog numbers will be given, and by be scoured during the OPERA HOUSE, CHINESE HALL, 699 ar t Bachiay's berenaders; alge, tae ucia di Lammermoor’ will Ww-ingr STREET THEATRE, PHILAOELPAIA.— this theatre are Notice. —The co eet it t er moon Frivey, 20th in tery to, the, cpening of ihe sesso JUN BEFTUN, Stage Manager WATCHES, JEWELRY, ao, OLD AND SILVER WATCHES, DIAMONDS AND rey, —GEO. C. ALLEN, importer, No. 11 Wall street, near Brosdway, second floor. Warrarted porfeot time keepers from, , JULES JUAGENSEN WATCHES, COOPER WATCHES, Duplex and levers, from... . sec cece to 5 INDEPENDENT SEOOND Ard quarter seoond watches, (or timing horses. 125 to 250 Splendid pocket chronometers, perfect timo jendid pocket chrono: pert Jeepers. + 1% to 20 on Which run eight days with once wiodiug. to 185 ENAMEL WATCHES, For ladies, some in hunting cases. to 100 DIAMOND WA’ For !adies, some in magic cases... to 300 MAGIO WaTc! ‘Which change into thres different watoh to 178 And turn the har ds without a key. ALL KINDS OF WATCHES aT Fine gold lepine Fine gold di at jetached levers sled wat fe WATCHES WHICH WIND ¥ itches, four holes Jeweled 0. Diamond earrings, pins, bracelets, firger rings, aad crosses, for sale at much All kinds of heye and dies, bracelet old and silver spectacles jain chains, Storlin; rings, frult knives, woddin Vatches and jewelr: to keep good timefor t! All kinds of watchos and oloo! the best manner, euperior work m: W atohor sent by m wenle, ally than the usual prices, RLRY re gold wedding rin, td od pencils, gold sed silver thm cuff pins lockete, sorrings ate: gold toothpicks, charins, ch SILVERWARE, er spoons, cups, forks, pie knives, napkin cake knives, do exchanged. AH watohos warranted movey d. Ad ohsir: ye ld pes reas do. REPAI od and repaired fa t much less ¢ wanl priose, by very aud warranted, il or oxpress to all parte of tho United Staten froe of ct argo, PARIS ADVERTISEMENTS. HINA OF SEVRES AND OTHERS. MANOURY, IN atso, Saudrier, No. CHOCOLATE AXD TEA WAREHOUSE. Ky appointment to MASSON rel courts, No, 23 Rue Richoliow Price medal to London exhibition, FASHIONS AND ART! ORINE, Rue d’ antis, No. 1CLES DE COUR. ALEXAW HANDKEKCHIEFS, EMBROIDERED AND PLAIN LOUIS CHAPRON, Furnioher of the Court, a Is Sublime Porte. Bue den Palx. No. 11 NATURAL OX MAKROW AND POMATUM, JEAN DRON, Kue de la Fouillade, No. 2. PIANOS DROITS witts EXPRESSIVE PEDALS MONTAL. Boulev: nine modals and tho Cross of Legion of Hono) XPRESS take at onl two percent. A Attended to, and replied Montmartre, No. 5. Honored with r. IM pOReaTons F FICE—COMMTSSION, faire. — Mi ‘Te & Davie —Masers. Tétard rt tounder: eotce My Mf ue an fen an BESPne. eter ll bo tmmsalatay by the following steamer. a SUNDAY MORNING, THE NEW YORK HER —_—_— AUGUST 21, 1853. THE EPIDEMIC IN NEW ORLEANS, (From the Pew Orleans Piss; ew yume, August 14.) Of the city for the the ith infivare fo delat ne folowe ka Sie) Ee the desths by und not including the intormenta, or aay reported as ‘ ” These dered on averaging wight aa) tay nnrre Intermoate for the twenty: f r uw y four hours ending at 6 A. ‘The last day's report, made afternoon. gave 14 total intecmente, and 163 Yor yellow fever. fy The re- turvs from St. Patrick’s Cemetery were not sent in, bat teking them at the ratio of the day previous the totals we give for Ssturdsy in the above table are correct. comparisom between this and the week previous, even for exch day’s retorn, shows a fearful increase. We gire the table as published tn the Daily Picayune of the ti form of returns and compari: rons between them for the reports from the Charity Hos- ees ‘Tiene See Sade te mit het Sook aeg Our weckly report consequently e1 midnight on Friday, the 12th inet, :— z Report of the Hospital for the twenty-four hours ending at ight on— Saturday, August 46 43 Sunday,“ 31 3 Treedey, Fy il oe Wednecdsy, “ at 45 uraday, ‘ 38 36 Friday,“ a 26 Total... 282 286 The following is the Hospital report for tho week pre- vious to the above, ending the 6th inat:— Admitsions. Deaths. Yel. Fever. 39 29 i oo 37 37 33 36 41 36 49 49 40 40 308 206 This shows an increase of forty-seven admissions in the week just ended, over the previous week, a decrease of pes deaths in the total, and a decrease of forty one deaths by yellow fever. ‘The totals of the Romniial reports for the three weeks ending at midnight on Fridsy, the 12th instant, areas follows:— . ddm asions. Deaths. Yel. Fever Friday, July 20... - 670 218 207 Fridey, August 5. OT BIB 397, "Wyidby, August 12. 232 LO pee benbeee Merk ay 65 1,018 780, While our citizens, as individuals and representing! raxnieh | ations, have come forward to fi scarporstians, hove, come, fo promptly jorth ve, activo steps to forward the pame'good work, and have not labored in, vain. The citizens generally of New Y« *hiladel Balt'more and Wasbington, are follo #rd we need not sey how heartfelt is the Lerous conduct mests with in all classes phia, the exampl auch the popu- there are some seven or that decrease extends t> the same taide oepital which farnishes the basis of itsead returns. Still the epidemic is fo its victia — those who ere able 10 have comfurtabie lodgings and al:o te pay for the a:tendance of doctors and nurses ard the supp:ies of the apo:hecartes. Some of these have ed. and more wust die, of course; but tre proportion of deaths in this class cannot, for reasons easy to discern, euffer as much as that which depends so much on chari- ty for succor and relivf. ‘From the New Orleans Delta, Aug. 14) SOMETHING TO CAUSE SORROW. We greeted an old acquaintance yesterday, on Nayades street, whom we had not seen for a fortuight before. He had a caro-worn and troubled countenance; his eyes were sunken ard his cheeks were hollow, avd care loft ite foot prints on his brow—he looked at least ten ears older than when last we saw him We a:kedif he bad been siok, and if not, to explain the cause of this | change? ‘Alas!’ he replied, ‘'a few ago, aud was happy in the possession of a father, a mother, ard three ove sais L it Tam alon: le eat the last one yester fe were apawered; it indeed, enough te tara the darkest hairs to ‘gaowy whiteness’ And yet it ie but ome instance out of many which daily occur in our city. It is the daty, imposed by moral obl'gation as much necessity, of every acclimated individual and old ivg the present season not only to kee} 5 ene or at lesst s calm and equable turn of mind, but to impart such s mental condition to his usacclimated and mayhap nervous acquaintance or neighbor. Neighborly sympathy and assistance were never more required than at present; bat it should be of that kind that cheers and reassures, not depresses and saddens. To play, the part of ‘Mr. Croaker’’ is just now ill-advised and silly. On Triton walk, yesterday, we noticed a boy about eleven years of age carrying on bis head a coffin, which, on 6pquiry, we learned contained Dody of his little sister, eho had died of yellow fever He was accom- panied by hiv elder sister, a girl of some thirteen years of poe A were slowly and sadly making their way tothe ceme' pi bh for \ eed ae leaps! oF at 136 jeppa rtreet, durirg valence epidemic, for ell orphan cl poor children and ehildren whose perents sre sick and unable to attend to them, wheré they are received and cared for free of expense, MORTALITY IN ALGIERS. We visited the diifereat cemeteries of Al day afteanoon, and found that the frightful pestilence which bas made such bavoc amongst ushas been equally severe on fellow sufferers on the opposite side. The po- pulation of Algiers may be safely ted at about 1,600, The figur6s we give of deaths frem Sunday 7th to Sa- turday 18th instant will show the fearful proportion they have contributed to this death-harvest:— At Catholic Cemetery, from 7th to 13th. At Hughes’s = “ At MeDonogh’s “ “ Ls Total yeater- eeeeeees eeeeeeereeemeees rede TELEGRAPHIC, INCREASED MOBTALITY—OPENING OF NEW HOS" PITALS. New Ontxans, August 10, 1853. ‘The total number of deaths reported to-day was 242, of which 227 were from yellow fever, showing a large in Groaro. The distress is very great, and the Howard As rociation sre opening four new honpitals, and appealing for further assistance, Dseravotive Fink 1x New Oateans—Lives: Lowt.— About ten o'clock lest night we were stactlea by eu alsrin cf fire and {immediately repaired to ths scone jon, and there found the grocery and liquor of Mosers. Kendsll, Yoo & Co , at the ouraer itoulas and Gravier street, enveloped in flames Tre firemen were on the ground and hard at work, but their efforts were of no avail, and acon turned their sttenticn to save the pro) in che immediate vicinity The sceve was excitiog, fora timo, intheextreme The heavens were lit up by the flames. and for sq wares around it war a» Nght ae poorday, aed av the position we occu pied on Css.p) htrert, the heat was intense, The vartoas Hiquore in tho score added fuel to the flames, aud ever ana avon they burst forth with toereased fury; and whea the houre was completely gutted, and the hue walls begaa to ehake. we trembied for the fate of our buid firemen, who were clustered beneath, undauntedly working their engices andas the walls gave way aud fell out, with s orash which caured the earth to # wo felt certain that some must bave deen buried beneath the ruina; but we were mistaken. No accident had occurred, sad thoy worked on. ringing their rong of triumph, Had the least breath cf air ween stirring tae whole sqaare, compriaog ©) drug apd clothing stores, and pe-hays a saree geries of the city, must inevitably have oeen destroyed. Too reat praise CADDO’ be bestowed upon the flremon for oun- foing the flames to their ortgical lity. In fromt of the building we eno” thrilled us with horror, It was that of aostetios for ‘The Impeachment Case at Albany, THE MOTION TO STRIKE OUT THE FIEeT FIVE ARTT- OLES REJECTED BY THE COURT—PROSPEOT OF A PROTRACTED SESSION. ‘SPRCLAL CORRESPONDENCE OF THR NEW YORK MERALD. Ausanr, Ang. 19, 1853. The Court of Impeachment remained in secret session, deliberating upon the motion made by Mr. Mather's counsel, to strike out the five first articles, all the day yesterday, and down to the recess at half: past one o'clock to-day. The discussion took a wide range, and was participated in by Judges Ruggles, Denio, Johnsen, Willard, Taggart, Morse, and by Presijent Church, Senators Baboock, Taber, Van. derbilt, Bristol, Conger, Pierce, and others. The question submitted was a very interesting one, as it related to the canal loan of 1851, declared unconsti- tutional; and from the many able, learned and dis- tinguished gentlemen whose views were freely ex- preseed, it is extremely to be regretted that the rales of the Court reqnired recret consultation, and neces sarily excluded the taking reports of their speeches. A report of them would have been very acceptable to the peoplo, who have been kept in a state of ex- citement and agitation on the subject of the canal enlargement during a series ot years. It is a pity, therefore, that the arguments could not have been procured, for present reflection and fature reference. Mr. Vanderbilt, upon the opening of the doors, moved that the question be now taken. This was not sscented to. He then moved that the Court adjourn until to-morrow . Wright moved to ad- until ‘Monday . Both motions were and the Court took a recess until 4 o’ciock P. M. Upon assembling after dinver, the President stated that the Court had agreed to take the question in the Revolve Tins ba pending motion be passed upon b: en g m upon taking the opinion of the Court uj the tellowizn ques. tion ar to each of the first five of impeachment:— Shall the managers be precluded from giving evidence ete 8 five articles, upon the Presented by If the quertion shall pass in the negative as to apy of articies, thon as to each of those articles the following question shall be put:— Bhail the respondent, notwithstanding, be at liberty to object to the firet five articles as insufficient, by resson of indeGaiteness snd uncertaiaty in their allegations ? Mr. Brady remarked that the question decided by the Court to be put did not ly cover the ground, asthe motion made by Mr. Mather’s counsel was te strike out, or rather quash, the five articles. ‘The vote was then taken upon each of the articles as above specified and decided in the negative, as follows:—. yes—Messrs. Bennett, 5 Cooley, Denio, Kirby, Otis, More, Vanderbilt, Willard, (hunk- ers,) Huntii , Morse, Taber, Wright, (whigs)— 13. Noes—Messrs. . Congee,Crnetle Daven- , Jcbnson, Jones, Pierce, President, Ruggles, urners,) kman, Clark, ‘McElwain, Newcomb, Monroe ‘Taggart, Van Schoonhoven, Ward, (whigs) ‘The first in was declared lost, which is inerrogatory was: then pu and decided ia tuo all was then put. y mative, which permits aather's counsel to object to apy specification in either of the articles. @ President then stated that the court was pre- baked to proceed in the case. Mr. Brady intimated t he intended to submit further motions, but should not do so this day. Mr. Loomis then rose and opened ibly be commenced in the mi or on ‘Row is; that the trial will be itkely to extend through the heey Theatrical and Musical. Bowzay Taxater.—Mr C. Burke, the very pepular and talented comedian, has been re-en, Me. W. R. Gocdall, the young Awerican actor alse been engaged. Both will 9} evening moxt week. oninoad phar Hay with the right the amusemen' Sword,” Mr Broapway TuraTar.—' the engagement of Mr. J. Sils! tore g¢ him for another week. He appears to mor- row in the **Green Mountain Boy,” and the “ Yankee ia China.” Miss Price will dance a Seul, acd the en- tertairments will terminate with the comedy of “ fection,” in which the Misses G will appear. A full house may be expected. Nrawo’s Garpen.—The excellent opera of “ Amilie,”” which has drawn crowded and fashionable audiences, jain be prerented to.morrow evening, when the fascina tog actress and sweet vocalist, Med. Anna Tailion, will again. no doubt, be greeted by a delighted audience. The opera bas been produced in adatrable style, and the re- spective characters are filled by very talented artists, Burton's TaatRR —The same success, as usual, at- tends the effurts of manager Burton, who is indefatigabie in bi erticns to se. The pieces selected for to- morrow evenizg are the ‘Breach of Promise,” with Bar- tom, Johniton ard Mrs. Burton in leading characte:s. ‘The Chinese company will next display the military exer- cises of their country, with many other noveltier; and all closes with the farce of “Turn Out.” NATIONAL THEATRE.—The drama of ‘ Uncle Tom's Cabia,’’ which bas drawn large audiences for the past six weeks, will again be produced to-morrow evening, andjvery likely every night during the week. The mavager is putting money in the treasury by the performence of this drama, and he therefore will make ro change s0 long as it con- ‘tinues to draw large audiences. Sr, Cuantes Tuxatre —The entertainments at this ably ccnducted theatre are drawing large audiences. Mr. Thorne is very active. and his dramatic selections are light and amustog. Moses. ty Tad Taylor appear to- morrow evening ip the ‘'Brigard Monk,’’ sapported by all tbe talented membors of thecompany. Tho next feare will be the “Eton Buy ’’ and the ta will close with the “Brazilian Ape” Ammnican Musscum —Tho readings of the Boon Children are very much admired. They will sppear to-morrow atter- neon inrketches from ‘ King Leer,’’ +: Macbeth,” and the “School for Seandal,”’ after which the farce of che ‘Pheno- enon” will be played, and in the evening a new comic drama cajled tne “ Maid with the Milking Pail,” and the farce of * Trying it on” Birroproun —The entertainments for to-morrow are very attracdve. Mr. Deverney. the great contortionist, inte engeged, Among the features of ths evening are the * Vield of the Cloth of Gold,” the ‘Fete de Louis Quatorze,”’ chariot and hurdle races, &c. Cunty’s Opera Hovst —The mme for to-mor” row evepiva contains a great varieiy of besutifal melo, Gies, berider the concer i In Julion, Several instrumenta' solos will also be given. Woon’s MrnsTaeis —A Had hth ag of the “ Dandy Nogroes of the Nerth’? will be given in songs, iastrumen tal pieces and dancing; the ‘ Coon Hunt,” and the do- mestic tragedy of the ‘ Returned Volunteer.”” Brcxey’s SHRKNADERS —Twenty: five original and new pieces are announced to be given by thle band to-morrow @vering—with relections from “ Lucia de Lammermoor,’’ and several banjo solos. Castim Garvey The many features of attraction which this favorite resort possesses induce hundreds to visit itevery Sunday evening. To night Dod worth’s famous bend sre to play reveral © id overtures and national aire, when, no t. a large audience will be present. Ownns’ Ascryt oF Mont Biayc —This excellent enter- tainmect, which ia spoken of in the highest terms of praine by our citizens, will be given every evening next week, An hour or two cannet be whiled away with more pleasure and instruction. Hors Caarst.—The grand Panorama of the Falls of Nisgare is attracting largo and dolighted audiences. Banvarn’s Paxonama of the Holy Land continues to be exhibited as usual Supreme Court—Spectal Term. Before Judge Be mouds. 4 SPECIAL MOTIONS. Ez Rel, W. B Reynolds vs. A. U0 Pt —This war an appitcation wade dy t sucoess attendant upon has induced the mansger the Comptroller. °. Willard, on the tart of Mr. Reyacide, o utrector to the Corporation, for a oandervs, for the Comptrolier to show cau © why be +hould not psy to the complainant tue sam of StL (bl, raid to be due to bim from the Corporation of this city, The People Ex Rel. W. H Wright and Others vs. the Comptrolic: ~ Udia was & eirilar wotiva for a wauda ous, equisirg Mr. Flagg. tho Comptrollor, to show canve way be bed rot carried out the provisions of a revclatioo parred io both boards of the Common Counoil, directiog bm to purebare the are of twenty ovo lote of groad acd pay for the same $7000 -the lots to be used ay a cum ping ground for offal, Both of these motions were, after some delay. laid over aniil Tuesday In re the Opening of 18d Strect —[o this caro Mr Dillon moved for the aoporntment of Commissioners of Eatima'e sud Aserement, The Judge raid that he would receive the papers. In re the Widening of Duane Stret —Mr Dillon made a imilar application, and the Court gave the same reply as ip the last movion. InreJames T Power, a Supposed Lunatic, on the} his wife for a Commiasim of I ike lig eye? 4 the wile cf Mr. Poser mace ac ap lication for s Commis- slop to inquire into the state «f bor husband’s mind, os PRICE TWo’ CENTS, IMPORTANT DECISION. Fugitive Stave Case in Clveinnaii—Dvelsion of J Lean the Cincisemti Commercial, Aug. 18. 44 Doopmipn at the sort reer ed ue Birney, of sounsel for the alleged fugitive, made aa arg ‘ment of rare power egsinst the Comrtitutionality of the sct of Oopgrers under which this proceeding was hed. When the Tia senesten tease concladet, the a ion, amid thi , dere of the vast anditory the vfled the hall; DECISION OF JUDGE u'LE. In giving my deci-ion in thir case. it F to a8; it bas been i may not be im- word in regard to the manner in which t before me. Lia States, with the same whether McQuerry was thon, the el Berry ise, baspeceaeel cone 7 to that the defendant wae " fuy rag labor ia pad tocry. The inquiry urdonbdtedly wax legitimate; the de- fordant must be released if illepally devained, and it is for the claimant to show tnat his deteation wae legal. Srst question that arises may be on the facts of defendsnt has This wines staves that eve: ince he bas known any thing, this person hes been che slave of his father, bas lived under hin control and man: sgement, and has been treated asthe other slaves or Loniry owing lavor bgp nab his feather; also, that sbout four years ago absoon: with three otbers, who also owed berelos to, his oe Wm. the second witmess, corroborates the firat witness lo was & near neighbor to Mr. Miller, aad krew that this ‘‘boy” was his servant; they were ind. mately acquainted with the family, with whom they fre quently visited, and always saw this defendant acting in Capacity of servant. This witness also corroboraces the statement of Miller’s son as tothe abaconding of thin »”? and states the time and circumstances of bis James Kelly, a brother of the last witners, corroborates the testimony lously gtvea. He al-o was intimately stants with Mr Miller's family, and had kaown this a or ae or twelve years; he knew him a8 the servant ‘The witness Yooum corroborates the drat three. He had lived near the parties for meny years, during which this defendant was employed, managed and controlled as Mr Trader. « Deputy United States Marshal, states a conversation had with MoQuerry, who said that, Miller was his master, and expressed rome regrets that he had left his service; said he was persuaded by “Steven,”’ who ab- seconded at the same time. ‘This statement is corrcborated by Mr. Black, to whom McQuerry confessed that this was his master, and that td left him under the circumstances stated by the other Now, +0 far as the satus of this individual is concerned, it would be difficult to present a case which would more learly establish the ciaim of Henry Miller—this is 20 Particular and circumstantial—se entirely unooatra Gicted—it is imposeibie to resist the rewilt of the exami Bation:.the clearest and most decided comvistion that this person was in the condition of » servant in Kentucky. | I bave never, in avy ceo that I have investigatud—crses where 4 are claimed, which present similar poiats —bnown a claim more clearly made out It has been that it has not been proven that Kentucky was a tlave holding State. Judges of the Su- preme Court of the United States recognise the laws of ell the States, as do the State Courts the lews of each county, The jurisdiction of the Supreme Courtef the United States extonds throughout the Union and into the Territories. Its Judges are presumed tokuow the laws of each State, and the extent of State jurisdiction. Iéo not say that such would be the rule were this ex- amination before a State Judge or a Commissioner of the im moany ef, the Btalea: 0, epocial low bai mat, 8 a w has beem passed reoogalelsy the statute laws of other States. In such oases ng more than an exhibition of the statute law would be necessary. But where a trial like this is hed in a State where fo such provision exists, the State 2. and pope loner, might juire ied of of the existence of slavery in the ida whee ‘the claimant resided. But this is not necessary before a Judge of the court whore jurisdiction is commensurate with the whole country. Kent is known to be slave State. ‘The ceelaration ois is wiluded te ie on; of tho argument tat ols does nos exist by law ela’ aw really sorry to hear this argument The distinguished Ssnator ‘was speaking of territories into which our friends of the South desired to take their slave property, aud declared that slave bolders had the right to wre slaves where there was no jegal ition of the relation. This wis anerror, The great principle is this: Slavery is local and can only exist by the authority of law I may re mark that I was the meanu of bringing out this decision, which was made ix the case from Mispiasippi. It bas been claimed that the slaveholcer had the right to take his slave into the territories where it was not legalized. and where long usage had not sanctioned the institution. Usage constitutes law, after a sufficient lapse of time. But the Supreme Court haa decided the ciaim to be without foundation, Slavery exists oaly by local a In the slaveboling States the laws provide for the con- dition cf marter and slave; they limit the power of the former, and protect the rights of the latter. To deny the Jegelization of the relation in these States, is to shus.our oa what is writven, and te the sions of the courts. Tam gratified that, in the examination and argument cf the case, ‘hes been uniformly a gentlemsnly bear. ing—no abusive epithets were usad, none were expected, This must draw pprobation of all sensible persons There has no 6 on the of the defend ant, except the admis.ions by the claimant's attorney, which that M bad lived four years im the State of Obio, during wi time he bad been recognized, treated, and considered asa freeman, Tais was p:oper This is the hyper of our laws and constitution. Every man in Obio without regard to color, 1s presumed to be a free man; ber laws do not sanction the tread of a «lave. This treatment of McQuerry, in Obio, therefore, is nothing more than the presumption of the law, which, in my judgment. is courteracred by the conclusive rroof of the claimant, that he escaped into this State from ‘service and Jabor due” ir bercmetg It ie insisted that the “ Fugitive@lave laws” of '03 and '60 are not constitutionsi—that Co: has 20 power to enact such a jaw—that the power cf exforcing the con- ati provicion is with tbe States. argument bas been frequently sivanced by gen- tlemen who bsve disearsed this great question, and I am not sure but that it has been aunounoed in some ‘¢ platforms” thet have been framed | will refer to the judicial suthority that haa recognised the power of Con- rese to enact laws providing for the return of fugitives om labor In the case of Prigg va the State of Penn: tylvania the Judzes cf the Supreme Court decided with Out disrent, that Congress had the power to levislate on this subject. Some of the Judges thought the Stutes had ‘a right to slate on the same -ubject; but there wis nO dissent from the decisina that Congress bad the power to adopt the law of '93—the law of 50 was mot then enacted. ‘The Supreme Court of every State in the Union. before which the question has been raised. has ized the tame power in Congress. At an early period in the bis tory of Masrachusetts, and posribly in other Statea— bie it bas not e‘tracted my st*ention—this doctrine may have beer conbted; but {t bds sioce been affirmed, and no court of rer pectable standiog now Joubdts it. This is strong authority im yegara to rhe power of Con- gress to legislate upon the rubject—nuthority. certainly, that should overbeer individusl opinion, u lees the num. ber cf individuals entertuimivg an opposite opinion ts gteat erovgh 10 change the o- ganic law of the land; to such a change the efforts of there whe deay the power of Cengresr to legislate on the rurject of slavery within the States, might, acd not improperly. be directed The federa] coostitution was framed in 1787; it was discussed by the several States. who sceeyted it Various exsays were written by di-tinguirked citizens, ard the instroment as very extensively discussed Aa s00n after the adoption of the constitution as 1788, we find an sct of Congress proviciog for the renditioa o° * pervope Owing service or labor in ore State, esoaidag intoanother.’”’ This act wa: pea ed by a Congress coms of whore members, if I rightly remember were dolezn'en in the oopvention that framed the federal oo all vere covemporaveous with the coovention discussions that preceded and ar! 6 ite deliberations Thove who enacted tbe law of .7: apy of the provisions of the com b been scanned with great abiiity, and especially in Vir- ginta. ‘There is a weight of authority on this point which can- not be centered on apy other in the coostitution » Iode pendent of this sutbority, ebich ma-t silence all objec tion, we shall arrive et the ram» conclusion cy lnokiog at the pot an arising under toe covstitwion 1s the con- struction of that tpac ument in some of its vital points never To be retiec? If no reepect ts paid to the weight of concurrent an thorities for balf s cextary, tbe basis of our social fabric will be ebsben—there #!il easue ot or¢er oud confusion, cor will there be proecrion to rightn ‘The claurs ef the coprsitution alludad to te:— No pervon hel Ines thereof, one: any Ia oF rean vice oF Ipbor, bu be del to whom such rervice or labor « .r upon clnim of the party y he dao This covetitutios bax Dees comridered che foodamental ‘aw cf the Ippd; itis the foundation of ali the gtory of Te count) y; el) our civil virtuea bave flourtoned wader it ft reeured the fruit» of our Revolucion It is contended that “hie provision in the constitution Js to devend ov the States for ite execation I will sik te gentlemer® who read : be able snd i. gemiour argament im rupert of thin proporivien if that is law #b/o2 oro vides Do pevalty for itainf ection? He is too good a theo logion to admit the oonrequerces of bis argument There can be no Ise without @ sanction, This apple: to bomen as it dies to divire law. ‘The leainlatures of the several States are probibited from pareipg a law obstracting the master fa pursuit o: his erseped servant who must be given upon proof ‘be claimant that service or lebor is due, Supro- vald vot have bees im the copeti ameecans jememaataen: Tew awa ay aadjoo t word * slave’ Bo in constituiien, be was debated in the tnd cance © 2000 Or: eeamant in the ies ) gemitintis oy Tor rion 4 regard was the result of a compro saying this Thave the anthority ef Chief Justice Wereball. This right of rendition, thew, is one which the oi ope State may claiw and must reo-ive of anothe The acme the power to carry 0 perpetuate this r And how. with rezard to fugitives Vseos 1 dtate. « the rendition of is escaped from labor or ‘to But the eovstitutionality of the legi-lation with reg 8c fogitives frome justice bas never bean doubted. VGs Ww ervars of some have refused to give up “fagt ‘iy for the return of fugitives fra It is stated of that provision in the constitution whieh ‘ saye that full faith and ored.¢ shell be given te the ea Is this ro? The fundamental law reps of eoch rarer bali be entitled immupities +f the citize ne of the to all the rights andl w severe! States. Un- ‘ber No ropnage duties shal! be laid on articles imported from. one State into another. The States cam conclude treaties coin po money, cannot make but and silver a* legal ,’? Cam pass DO expos awa, or laws impatsing the obligations of contracts. ‘Thece sre all prohibitions of power to the States, Does it follow that because there is no ex theeerubject. Sone’ erate Ja el ease sue Trendy e680 Fu! . DORE ry onrne & is previded In case of infraction by the States, a writ error may be taken from the State Court of the United Sta:ea, where laws the constitution will be declared void. if there «as po sanction to the upon mort difficult of all questions—» qi 0 ably and ex- time the constitution tensively divcussed at the fromed, for slavery them existed in’aboat Coast States. Before the sdoption of that instrument. slaves ‘teen reclarmed in various ways, im hg comity, im others by unobstructed force. virtual, com prom.se before the written compre- mise of the constitution. Bat difficulties had arises, and therefore this provision Nor can there be a doubt that the term “ persons het to service or labcr’ principally to persons held ag” slaves. Madison, ‘assenting to the provisioa, eb- jected to the weof the term “ulsve.” because it em prersed « thing repugnant to his sentiments; he did mat ‘wish the i¢ea that ove men could hold property in em- other 1 jzed in the organic law of his countey:- This bas termed an ex, aA a Thome tainly ie not. Had the cour sel for McQ: been able te stare tbat they expected to prove his ¥ gene, have grepted @ continuance, to afford e for rhe coliection of such proof. Occupying the racied office of Judge, I bave no bere to indulge my | spmaninlee It woul have been fying to bave found that this defendant was a free opstae pees because mien hy = thore whose feciings ae el etract. Ip such po it ‘a the stern duty of the Judge use more than ordipary caution. Ir was urped against the constitutionallty of the of 1703 aud 1860 that they denied the right of trial by jwy Trismy bey ne based w) my judicial expe ee} tbe Fins woul seeethyppremyss cea ey of renditions “perm ns @0a; rou service Iabcr.”” In an inetence that I call ‘o mind, a deolded thal bertycf esoaped sieves. But be considered the oot ovastite- He d she re i the Cele cena d slaves. Cont cena Jempity of bis -ath to su) the law tion, ne be agreed with The brethren $0 a verdict of damages against the persons through inttromenr tal'ty the slaves hed eveaped. ‘This ts not a Apel decision as to the liberty of the de- fexd-nt The question here is etrietly whether he owen ne: vice or labor to the es as roe Seana wil be BO ber © the question ax to the y maa. fear be wold in co. dition may be wretabed; bet Ws fault 1s 1 Ot with tee foal ' It is @ principle universally admitted, that a law bom 4 be i: part constitutional. and in another part vold, that effect may be given to those parts are consti tutional Ido not. by this. wish to intimate that part cf the laws cf 93nd '50 are in conflict with “eae amy PEAY , ‘ tay o proper for me here to suggest that there is one part of the law of ’60 that does mot soom tw be rightly understood. The clease allo comm |ssioner in care the certificate is moster and $65 if no certificate is given intended merely to com} ate that officer writirg, (which may Bs considerable covered by the sum ct $6,) ia consequer: ment of the cere and the certificate. of the Supreme Court. and not as @ pr: perly make this remark. ‘The Ines of 1798 and of 1850, as this cleals within the provisions of the constitution. 1 sm, therefore, bound to remand the fugitive te hid waster. . After this decision, Mr. Joliffe moved for a writ of cere tlorari to the Suoreme Court. ‘The Court sa'd that there could be no appeal from the decision of a Judge of the Sapreme Court of the Unites States made at chambers certain, been decided by the Supreme Court He was . however, to give any reasonable time for counsel? to icventigare the quéertion. , A the suggestion ef the court, it was finally that the clainavt, Mr. Miller, should enter into a bon® for two thousend dollars, conditioned upon his McQuarry to thix State im care it should be decided the case could be taken to the Supreme Court. At the conclusion of his argument Mr. Ware state® that Mr Miller would emancipate his slave for the sum of $1,200, and donate $50 himself to a fund for that purpme: or he would take the sppraisement of disister~ ested parties at Lexington Mr. Muler remarked that he was willing to give benda in the sum of $50,000 that hbo nd wee the se H if Hi Hid this State, in onse a writ of was allowed by the “‘WamniogtenMoGuorry was then delivered up to hie ‘ast en was up claimast ry the United States Deosty without hi: drance or molestation, immediately across the Obio river and lodged in the Covingten bg oY sahara until his owner is ready to to bis home. There was a deal of rej in over the vorminntiog of the trial. Sen Pere bb F Vioent Storm IN ALLEGANY. CounTY, Damacs 1n ComBguLann—Two violent storus of rain passed over Cumberland one on the 15th inst, and the other on the 16th, doing much danage. The Bedford valley and the Dry Ran emptied themselves into the étreets of Cumberland, sweeping aw fences, tearing up pavements, and running houres with revistless force. A great deal of damaze was done, confined principally to Baltimore, Centre and Liberty streets. In Frederick street the pave- mente in one place are considerably torn up. Several of the streets were literally covered with rubbish. Baltimore street, for some distance, was covered with Jomber, dead hogs &c., and apprehensions sre entertained of much sickness tn Cerys ‘The streets, however, will be immediat nsed, all lime one used. The cellars on Baltimore street were filled with water, and some of the merobaats have sustained considerable loss. The principal losers are J. B. H. Campbell, druggist; Butler, cabinet manufacturer; Peter Kearney, store; Mrs. Hebb, Jos. Williams, dyer, and the Pree byterian church. Others have fost considerable, The aggregate loss is at about $6,000, ‘The water was pretty much all emptied into the canal. It bas, however, sustained no damage. Two scows, belonging to the Cumberland Coal and Irom Company, got loore, and the current carried thess down the canal. No one was on An Ovrragrovs Case IN Tarwron.—About & mouth ago a complaint was entered at the Mayor's ‘office against a woman who had throwa a can of boiling water on another woman. The facts were stated aa follows :—The family up stairs were sab- tenants of those below. The woman living in the lower story was sick and in bed, and, hearing a n ise up stairs, the deliberately got out of bed, went up stairs with the can of bulling water. and dashed tt im the face of the woman up stairs. It scalded her ee verely, and being at the time enciente, fears were entertained thut serious consequences would fo'low. Che woman who committed the deed immedi iely afterwards went to bed again, and being unable to attend at the Mayor's office, her husband went bail tor her sppearance when ot well, On Wed- ne-day the injured woman gave birth to a still borm child, baving upon its body similar marke to thow jeft upon the woman after the scald. The olroam- xuneee cs the a a ny the bts g of = syor, whe, en Inesday night, ai ao create of bail for the tpnectiees of the offender at the next court, to anawer the complaint.—Trentos, (M J.) Gazette, Aug. 19. Goon Orr. We unterstand thet Mr, D. MoKay, ta, er of thie ally, whe returned trom