The New York Herald Newspaper, November 24, 1853, Page 1

THE NEW YORK HERALD. WHOLE No. 6303. NEWS BY TELEGRAPH. Interesting from Washington. SPECIAL CORRESPONDENCE OF TUE NEW YORK HERALD, THE ADMINISTRATION CANDIDATE FOR SPRAKER— SENATOR GWIN AND THE PACIFIC RAILROAD— GEORGIA POLITICS—“PROVISO” WILMOT TURNED UP, ETC. ‘Wasurvaton, Nov. 28, 1853, It is stated here that Mr. Orr, of South Carolina, is, sub Yosa, the administration candidate for Speaker, and cer- tainly his recent speeches have that complexton. He is @xpected here daily, and will probably be called upon fora Gefinite statement of his pesition, He ip .ertainly unex- peptionable as far as the record goes, Senator Gwin complains that you have done him great Gr justice in associating bis namo with Messrs. Walker, Dhatfield, &o., engaged in the New York Pacific Railroad Scheme Mr. Walker’s plan was proposed in the Senate Jast session by Mr. Brooks, of Mississippi, and upon that Qcoasion Mr. Gwin took decided ground against it, as visionary and impracticable. The state of affairs in Georgia troubles the Cabinet— @specially the national resolutions endorsing Dickinson, Some of Cobb’s friends complain of treachery on the part of the administration, though I think the charge is baseless. The article in the Union, the other day, denouncing Mr. Dickinson and the national democracy of New York copied with great commendation from a Pennsylvania paper, was from the pen of David Wilmot, the originator of the Wilmot Proviso agitation. ASMODEUS, THE REPORT OF THE POSTMASTER GENERAL—THE COLLINS STEAMSHIPS, ETC. Wastnctox, Nov. 23—8 P. M. The report of the Postmaster General will, it is undor- stood, be highly valuable for the importance and a+ @uracy of the statistics it will present. It will be shown that the present cheap rates of inland postage have not yet proved sufficient for the liquidation of the expense attendant on the service. The Depa'tment labors under great embarrassment from the ex ortionate demands of the railroad companies, and as the Potmaster General has no romedy in his hands, it will be for Congress to de- ‘termine how the evil shall be mrt for the future. Congress voted last session about seven hundred thou: Gand dollars as an equivalent for the free matter sent in the mails. There is reason, h«wever, to believe that this will not cover half of the actual expenses which the de. partment is put to in carrying franked letters and docu- merts, ‘The statistics which will be produced gs to the earn- ings of the Collins steamers will scarcely be of much ‘ervice to that company, in inducing Congress not to put ‘an end to the contract, as proviced for im the act of 1852, One great cause of expenre to the department is found in the immense amount of newspaper, and other printed Boatter, sent in the California mails. The department Pays twenty-two cents per pound for carrying the mail across the Isthmus of Panama alone The postage on this printed matter for the whole distance from New York to Ban Francisco, is ten cents per pound, Altogether, whilst it is highly probable Judge Camp- bell will not recommend any curtailment of the present (Oeean mail service, he will yet present for the considera- tion of the country an array of facts ani figures which will probably explain satisfactorily, te the meanest com- prehension, the cause of the great wealth of the mail steamship companies. VERITAS, REOPENING OF WILLAKD'S HOTEL—ELEGANT EN- TERTAINMENT, ETO. Wasurxarox, Nov, 23--9P. M. Willard’s hotel was reopened this evening by an ele- gant dinner, at which sll the distinguished persons in the city wero present. Mr. Everett made most elogant and touching speech in returning thanks for the Messrs, Willard, in which he alluded to the meeting in years gone by under that very roof, upon the same evening, of Chief Justice Marshall, Story, Calaoun, Clay, Webster, Washington Irving, &c.,’&c, Father Ritchie also spoke Willard’s has been elegantly remodelled, and the dis tinguished persons present this evening prove that i will continue as heretofore to occupy a prominent posi tion in the good opinion of the public. Zz. YAGARIES OF THE “‘UNION”—THE SMITHSONIAN IN. STITUTION, EVC. FROM THE NEWSPAPER AGENT. Wasiunatox, Noy. 23, 1853. The Union of this morning has an article headed “Tha Campaign of 1856,” in which it declares it has long been satisfied that the originators and promoters of the fatal Gissevsions in New York bad formed the deliberate de- sign of breaking down the present administration, for the purpose of elevating upon its ruin their favorite aspirant for the succession; and that it can conceive no proposition | more hostile to the administration than that of now ‘opening the canvaes for the succession. The comple‘ion of the interier of the main building of the Smithsonian Institution is now actively progressing, ‘he original plan having been changed by the R+gents, all the wood work and and framing has been removed, and its place is being supplied Tby fireproof mate- rials. The firat story is to be fitied up for the library and museum of natural history, and the second story asa lec- ture room, capable of accommodating two thousand per- fons, These arrangements, it is thowght, will be com pleted withio six months at the farthest, when the wast @rn wing of the building, at present occupied by the libra FY, will be converted into a gallery of art. ‘Phe services ef the following gentlemen have been en- for the coming series of lectures — jamin Hallowell, of Alexandria, Va , who will deli- ver course of lectures on Astronomy. Dr. J. Lawrence Smith, of the University of Virginia, a course of twelve or more lectures on Chemistry. Oliver Wendell Holmes, who will repeat his course on Postry. ; Professor Charles W. Hacklay, who will give a history of learved institutions throughou’ the world. veral other distirguished gentlemen have also been invited to Jecture before the institution. $ We understand the leciures before the Young Men's ‘Christian Association of this cily, are also to be delivered in the lecture room of the Smitbs nian buildiog, and that “that association have seloctes the following kcturers, most cf whom have siguified their acceptance:—Rev. G. ‘W. Heakok, of New York; Rov. Allen St: ele, of New York: Prof. J.D. B. De Bow, of Louisiana; Bishop Potter, of . ., of New York; W. Gilaiore of South Carolina.’ It is proposed to have three lectures a week at the Institute, Mr. Hallowell commenc- fog on Mouday evening Dev. 5 ¢ President has appointed Robert Greenhow, agant in Califorvia, to ascertain aud settle private land claims and Louis Blanding, law ageat before the Beard of Land Commirsioners. The President has reversed the eentence of tho court martial on Governor's Idlind, cashiering Brevat Captain H. B, Field, and ordering him to be discharged feom ar- All the public offices in Washington will be closed to- morrow on account of Thankrgiving. Non-Arrtval of the California Steamers at New Orleans, Nov. 23-—P. M. ‘ Nav The «teamships United Ststes aud Pampero are fi due at this port, with a fortnichi’s la‘er from Calitorni: but as yet we have no intelligence of them, Naval Intelligence--Prize Essays, &o. PuinapEnruta, Nov. 23, 1853, ‘The United States steamer Fulton sailed this afternoon ’ ik. ern Mea ra ofthe Houss of Refnge have awarded a jum of $100 to E. 0. Hale, of Worcest fe Peed Esay on Juvenile Deliquency, ania prizé $50 to Rev. J. V. Moore, Presbyterian Clergy man, of Rich- woond, Va. From Boston. AMERICA— HEAVY FAILURE, ETC. PL ATIOES OF SES Boston, Nov. 23, 1453. ‘The royal mail steamship America Captain Lang, sailed od Cin to day for yas with a six passenzors an 5 mostly in American gold. i marchers heavily engaged. in the West Fadia trade Heiled He has lately invested largoly in the Califora aia and Australia trade. End of the Railrond War at Erie, &c. Burraro, Nov. 23, 1853. It is reported that the railroad companies have backed -out and withdrawn their men, determining not to change the gauge at Erie for the present. The charge was to chave been made to-day, and the above report is dousted ‘here. The Connecticut Counterfeiters. co SEAMzOND, Nov. 23.1869, Noah M. Lee, of Reading, Conn., wan arrestes at <aense, this morning, at 1 otlock, by Sheriff Smith, chargea with being the chief of the gang who have been passing Sounterfelt bills on the Saugatuck Bank for two weeks past. He was arrested on Saturday last, but managed to @ncape, and secrete himself in his ow! where he was Riscovered this morning. Whe Revenue Cutter Jefferson Davis Dis- 23, CHARLESTON, . ‘The United States revenue cutter Jefferson Pavis, Posse, from New York, bas put in here in distzess, dis- = f MORNING EDITION---THURSDAY, NOVEMBER 24, 1853. Non Arrival of the Cansda, Hauirax, Nov, 24-2 A. M. There are no signs of the steamship Canada up to the present moment. She is now fully due, with one week's later news. From Albany. TOTAL WRECK OF A SCHOONER —SQUABBLES OF POLI- TICIANS, ETO. SPECIAL CORRESPONDENCE OF THE HERALD, Wasinsaroy, Nov, 23, 1858, The following despatch was received by the Evening Journal this afternoon, from Buffalo :—“‘The new schoon- er Sovereign of the Seas has gone ashore on @ reef near Beaver Island. She has seven feet water in her hold. She will be a total wreck. She is owned by Teft & Bull, Ra- cine. She was insured for $3,000 in the National Pro- tection, Saratoga, and $3,000 in the Buffalo Mutual. The cargo consisted of pig iron, coal, and groceries, portions of which were insured in the Southern Mutual, New York,’” The froe coil organ of this city grins horribly a ghastly smile st the meeting of the national democrats, which is to take place at the Metropolitan Hall this evening, and notices among the invited speakers the name of Hon. T. L. Clingman, of North Carolina, and styles him a whig of the purest water.”? It Jabors with its usual zeal to make matters appear as though the national democrats and ‘silver gray” whigs were making advances towards each other; and after noting, in its peculiarly sarcastic manner, several prominent members of the democratic party of this city, concludes with one of its origival and highly flattering allusions to the Hon, Daniel 8. Dickinson, WwW. From New Orleans. LATER FROM HAVANA— CHOLERA ON SHIPBOARD, ETC. New Orteans, Nov. 22, 1853, ‘The steamship Empire City reached her dock this af- ternoon. Her dates from Havana are to the 18th inst., but there is no news of importance, The ship Blanche, arrived here from Liverpool, with four hundred emigrants, reports ten deaths from cholera during the parsage. ‘The weather is quite warm and summer-like, The steamships El Dorado, for Aspinwall, and Daniel Webster, for San Juan, Nicaragua, sailed thie morning. From the South. U.S. SENATOR FROM GEORGIA—TH& BALTIMORE AND O10 RAILROAD. Bawmimore, Noy. 23, 1853. We have no mail to-nighsouth of Mobile. The resolution in the Georgia Senate, postponing the election of United States Senator to the next session, was carried by a vote of forty-nine to forty-five. All the whigs, and five Union democrats, voted for it. An excited debste"occurred previous toits adoption. The Union re- publican members of the Legislature held a meeting and ance resolutions to preserve their organization. 1@ Baltimore City Council haye aot yet acted on the Spulica tien for an endorsement of $5,000,000 of bonds of 6 Baltimore and Ohio Railroad, Markets. New Ontxans, Nov. 22, 1853. The rales of cotton on Mcnday were 7,500 bales. and y they reach 8 000 bales, a: full prices for the better . Strict middling is quoted at 90. a9%4c. Mo: lasses has declined te 17c. for prime, Mess pork con- tinues dull at $12 75. Ohio flour is rolling at $6 40. Bacon has declined to 7c. for sides, 634¢. for shoulders, Whiskey 25¢, New Oatxans, Noy, 23, 1953, The sales of cotten to day were 5,000 bales, at full rices for the finer grades. Operators’ are awaiting the ‘anada’s news. The stock on hand is now 167,000 bales, Prime molasees is at 170. Bacon, sides, Tc. Mess pork has declined to $12.50. Ohio flour solls at $6 40, Cusximstox, Nov. 23, 1353, Sales of cotton to day 1,400 bales, at prices ‘rangin; from 840. a 10%¢, Prices are advancing under local speculation, Civcrnnatt, Nov. 23, 1853. Hogs are stagrantand prices nominal. The quotation is $4.50, Mess pork is at $11 50a $1175. Flour $5 20, Sight exchange on New York at 1 per cent premium. The river isin fine order, and freights to New Orleans are quoted at 59¢, for flour, and 6c. for pork. Osweco, Nov 28, 1853. Receip's during the Jast forty-eight hours—Floar, 4 000 bbis.; wheat 21,000 bushels. Wheat is firm and s‘eady——Salea, 8,000 bushels Canadiaa, at $145, F.eig! are unsettled. a Acnixy, Noy. 23, 1358. Receipts since our Jaai—Flour, 11,000 bbls;’ wheat. 24,000 bushels; corn, 21,000 do.; barley, 00 do. Flour is dull, deglers awaiting tha steamar’s news. Wheat steady and firm: salos 5 (C0 bbls., at $171 for Gen- esee. Com—Sales were made of 8,000’ bushels, in store, on private terms, Barley dull, at’ 80c,aS0!cc, for two rowec, Osts have an improving tendency. Vindication of Commodore Coe. [From the Newark Daily Advertiser, Nov. 23. LETTER FROM THE COMMANDER OF THE AMERICAN SQUADRON TO THE UNITED STATES CHARGE at BUENOS AYRES. Usrrep Srates Saxe Jamssrows, ) Outer Roads of Busnos Ayres, June 24, 1853. Sta—I have tho honor to acknowledge the receipt of your communication of this instant, informing me of scandalous reports said to be current in the city, in re. lation to lite occurrences. * * % 8 That the commander-in-chief of the late blockading squadron was deprived of his authority by a mutiny, as 1 was oficially informed, or chose to change sides for'good and sufficient reason, who:e so many othors Lave set the ¢xainple—not excepting the illustrious personaze at the head of one of the parties—no doubt to the belligerents, and their respective friends and partisans, and the ‘quid nuncs,” it may be of some importanca and Tam zot al- tenithed at aby falsehoods that they may propsgate. Of the second allegation, [only ktow that in the even- ing olluded to, an cilicer of the late blockading #quadron came to me with a message from his then Commander-in- Chief, requesting shel:er and protection. ‘The officer stated that the officers and crows of all the vestels bad unanimously determined to go over to tha other party, because of alleged grievances and maay breaches of promive on the part of General Urquiza, se- veral of which be stated, Thad been an cbserver ia common with ali others in the sbip, of the movements of the dillarent vearels com posing the blockading squadroa during the day, and abeut i'd day I was iuformed that the crew of the Corres”? hd that morning at quarters, declared an enticn to revolt, because of various grie@pces: and, cons+iently, was not surprised at the applicd¥ion, which I granted at cuce, placing a boat at the disposal of a gen- tieman who had in all his iatercourse with me been cour. teoug, and who in misfortune asied for shelter. I should have Cove the same for General Urquiza, had bis troops revoltel, or apy one of his chiefs, had I been asked to afford them ‘s temperary asylum ca board this ship What fault can be elleged inconnection with this occur- rence, 1 am at @ loss to conceive. Of the vest allegations, your informant is in error cer- tainly, for the Commander in Chief of the late blockad- ing yvadron left this ship yesterday at his own requost and is now, ! presume, with hie fasatly in Montevideo; and I have uo ground upon which to hazard a conjecture as to what nay be his future movements—certainly not cornected with this ship. Of the last allegation, the persons, whoover they may ‘be, uzon whore information you may have thought it to address me this letter, I can only say that there is no ground for such ix putations, a4 1 had not, previous to the revolt, seen any person on board this #hipfor several weeks part who could pes-tely bes o be engaged in any such transactions as yo and which I do not chi ship fora month prst, suf- fering f sition, and cannot be held accountable for the many teports got up by the evil dis. posed for the purpose of gratifying ms lignity. Whoever these persons may by who bave used the ia- jurions imputations which you relate, or repeated them as Geserving of credit they are, in my opinion, unwor-hy of anything further tha deninl—there being no just uyon which to found such base charges I pro: 20 any perron professing to be a gon loman, and amerable to tbe laws which should govern such persona, er his belief of any of tha injurious ra vs said to be ia citculation, and it he be American, un- worthy the name, a renegad¢ and infamous “liar.” ’ Nor world I have condescended to notica such seports without a name being subscribed to them. 1 trust you will mot suffer them tobs uttered again in your presence, without such # rebuke s6 the propagator of slander deserves, Thave the honor to be, &., (signed) 8, ¥. DOWNING, (opt. UL 8,.N., Commanding Suadron. Washington National Monument. ‘The following sums were received at the polls at the late election, toward erecting the National Monument, vit BUTS HER: BRUES rare a. 38 THANKSGIVING DAY, Observance of the Day—Proclamations of the Governors of the Different States, To-day has been designated by the Governor of New York to be observed as the great annual Thanksgiving fes tival This State will not be alone in its observance, as the following twenty three States have appointed the same day, and in them it will also be duly celeb ated :— New Hampshire, Rhode Island, Massachusetts, Connec- ticut, New York. New Jersey, Obio, Michigan, Wisconsin, Missouri, Iowa, Pennsylvania, Illinois, Indi na, Kentucky, Maryland, Alabama, North Carclina, Delaware, Georgia, Tennessee, Florida, South Carolina and Maine have already held their ‘Thanksgiving, the former on the 13th of October, and the latter on the 17th inst. The reason given by the Gover. nor of Maine for nct joining the other States in appoint- ing the 24th, was that he desired to give the citizens of Maine, residing in Massachusetts, an opportunity to visit their native State on the occasion of this annual festival, without being deprived of participating in the festivities of the ozcasion at their own place of residence. Vermont will not celebrate her Thanksgiving until the second Thursday in December, the 8th. We see also that the cities of Alexandria and Washington, in the District of Columbia, have joined the majority of States in appoint- ing the 24th. Apropos of Thanksgiving celebrations, wo take the fol- lowing extract from a history of Coos county in New Hampshire, giving an idea of the way Thanksgiving wad observed in the olden time :— Farly in the settlement of Coos, it so happened that the annual Thankegivir g was passed before intelligence of it arrived there ; but soon eee Dr. White came up to visit his friends at Newbury, and brought with him a proclamation, This proclamation was read publicly on the Sabbath by Mr. Powers, and by him it was proposed that they should keep a Thauk-giving, notwithstauding the time specified by the Gevernor was parsed, and he proposed the next Thursday. Upon this a member arose and gravely proposed that it mi ht be deferred longer— “for,” said he, “there ie not a drop of molasses ix the town, an¢ we know how important it is to have molasses to keep Thanksgiving. My boys have gone to No. 4, will be back, probably, by the first of next week, and they will bring molasses, andit had better be put off till next week Thursday.”’ It was unanimously agreed to; but the molasses not coming it was deferrec another week and finally Thanksgiving was kept without molasses. It may not be uninteresting to our readers to look over a number of extracts from some of the proclamations of the Governers of the different States, and we give them as not inappropriate reading for the day. . The executive of our own State appears to have couched his inas few words as an official document could conveniently contain. Here it is:— BY HORATIO SEYMOUR, OF NEW YORK. Thereby appoint Thursday, the 24tn instent, asa day of Thankegiving for the people of the State of New York. Irecommend its suitable observance by such religious assemblages and forms of worship as our eitizens may severally deem appropriate, so that we may, a3 a com- monwealth, with united hearts, humbly and’ gratefully render thanks to our Father in heaven, for His benefits, and earnestly implore the contiauance of His favor. In witness whereof, I have hereunto eubscribed my name and afixed the privy seal of the State, at the city of Albany, this 5th day of November. one thousand eight huudred and fifty thre HORATIO SEYMOUR, By the Govarnor, H. W. DePuy, Private Secretary. The following proclamation has also baen issued by yor Westervelt: November Z1, 1863. PROCLAMATION. The Governor of this State having set apart Thursday, the 24th inst, as a day of Thanksgiving, | recommend that the day be no obsvrvad by all classes, and that all citizens of every denomination unite in giving thanks on that day to Almighty God for the numerous manifesta- tions of his mercy to us during the past year. Given under my hand and seal xt the Mayor's oflice, on the day and year above wiitten. JACOB A, WESTERVELT, Mayor. The various offices connected with the City government will not be open on Thursday, th inst., for the trans- action of business. Tke following is ‘he notice of the offisers of tha na tional government:— Mavor's Orrics, Naw York, } Yous, Novambar 2: r of the State of New York having ap- pointed Thuraday, £4th inst.,es a day of Thanksalviag and Prayer, the Custem House will be opened from 9 to 10 o’elock A. M.. on that day, for ihe entry and clearance of vessels, = BEMAN J EEDFIELD, Collector. J. ROWEYN BRUC AD, Naval Officer, JNO, COCHRANE, Surveyor. BY JOHN W. CLIFFORD, OF MASSACHUSETTS. T do, with she advice aud consent of the Council, ap- point Thursday, the twenty-four h of November next, to be observed by the people of this Commonwealth, as day of public Thanksgiving and Praise That notwith:tanding our habitual premmption and elf reliance, and our frequeat forgetfuluess of the great truth, that without Him we are nothing, and can do no thing, He tas been pleased to continue to us the laesti- mable privileges of civil and religious freedom. ‘That in the gracions ordering of His Providence, by which ‘He hes set the solitary ia families,” He has pre- served for us, amidst the temptations to evil by which we are surrcunded, the compensating influence of nume- rous homes, whose varied fortuner are wively planned to mould our nobler powers, and fit us for a higher and better life. That it has pleased him to avert from those homes the invisible contagion which has visited somany other places in our land, to leave them devolate; ani while our sym: athies ara awakened, ani our supplications rise tn bo- fait of our strieken countrymen, tet us turn with devent thanksgiving to Him who has graciously spared ur f:om the “entilonee that walketh ia darkness, and the destrus- tioa thet wasteth at noon day. ‘That it bae also pleased Hin to reward abundantly the labors of our people, in all their varied spheres of tiseful- ness; that they have been signally prospered in the flald, the factory, the workshop, aud upon the sea. That He has so%guided the national councils, and so re- gulated the actions of all those to whom places of public trust and responsibility have been committed, as to pre serve to our beloved country the blessings of honorable peace, sui of public security, amidst the agitations and uncertainties that bave disturbed the intornal and inter- national rele tions of other States, That He bas given to our keeping, and made clear to our copscicusness, thore precious principles of liberty which seeure our own prosperity, and which are yet des- tined, by wisdom and prudence, to bless aad elevate the people of all other lands, at Ho atill bountifully fevers all the institutions of religion and education, and evgry endowment of benero- lence; and that we are permitted gratefully to witness the constant enlargement of the domains of knowledge, charity and art, which bave ever made this Common wealth the object ef our love and pride. BY CHARLES H. POND, OF CONNECTICUT. Thsve thovght proper, to appoint Thursday, the 21th day of November next, to be observed by all’ classes of persons in this State, as a day of public Thanksgiving and prayer to Almighty God. I accord'ngly recommend to all the people to xbrtain frem their ordinary employments on that day and with their parto s and Spiritual teachers to assemble at their nal pleces of public worship, end then and there, with 2, 1853. ‘The Govern reverential gratitude, recount the signal interpositions of aiersifol God in behalfof cur State and aation during the pact reer To ten’ er therks to Him that he has ovdered the sen- sops in such werey, and nourished the fyuits of the earth, and pers itted them to be gathered fn such ample eup- plies, for wan and beast; that the industry of the peoplo has been so abundantly rewarded, that such genoral health hag prevailed within cur borders; aud especially to «n treat Him that all may be led to conform thefr lives to the perfect example of Jesus Christ, their Redeemer and Judge, who has promiced to his followers s happy iomortelit 4n0 while thus presenting our devout thanks for these ited blessings, to ciler ap%ervent suppl od that He will be pleased to forgive all our trav:gressions—that Fe will more powerfully shower down upon ail the bestowments of His grace—that He will incline all our hearts to love, and obey His holy law, and lead the rich to remember the needy—that it will please Him to prosper agriculture, commerce, manu factures, and all other branches of industry—that He will continue to bless the schools and coll een and make them nurseries of learning, morality, and plety— that under the influence of benevolent and religious in- stitutions, our astion may continze to be an eminent ex- ample of ational liberty, and soon become “that happy people whore (ied is the Lord.'? And likewise to offer up to Almighty God sincere prayers that He will bless, protect, and guide the Presi centof the United States in ali his ¢eliberations and measures, aud all others who enact, expound, or execute the laws, and make them instruments in promoting the welfare and happiness of the people—that under wise and well-regulated governments of ttelt own choice, the people of the several States, and their posterity, may have continued to them the inestimable right to worship their Almighty Protector agreeably to tho distates of their consciences, and that the blessings of our Union may be perpetuated—that He will cause the rod of every oppreator to be broben, and the benefits of freedom and equal righ's to to exténded to all nations— that charity may more abound, and that He will bestow His smiles onall the human family—that war, misrule, and tyranny may cease, and that peace, justice, and undefiled religion may prevail from the rising to the setticg sun. Then will the whole earth becoma “Like the garden of the Tord; joy ard gladness will be found, thanksgiving, and the voice of melody.” BY NOAT MARTIN, OF NEW HAMPSHIRE. The revolving seasons again remind us of that time- honored annual New England festival, Thanksgiving. ‘Aghia. has God blessed the labors of the husbandaman in the products of the field, constraining us to acknowledge that, although we may plant and water, it is He alone that veth the tnerease. department of industry pro us ample retarns; we sone have been the vers of that unfai bounty wi Waa ba ove: what; aud while nome of the States of our Valea hare the blighting seourgo of pestilence, acattering death and sorroy” Wherever it went yet we here been happily pre- served ,‘Tom the ravages of epidemics within our borders. Peace, ‘health and plenty; religious” moral industrial, scientific a.74 literary instruction; freedom, ‘order, pros, perity, and \he benign inuence of the gospel of Unrist. fre the comm 00 possessions of the people of New Hamp: shire, without (0 intervening element portentous of their interruption or atridgment. These ben factioys are suf. ficient incentives to a renewed ebservance of the day with increased fervor. God has beer truly good to us. and in return should have the best aifect ‘ons of our hearts. Bya ple thus favored the ettaobling sentiment of gratitude should find expression iu: public asst imbties aa well as in private households, Tha! the people of this State may Zave an o;sportunity to express in a collective manner their gratefus acien ledgements to our Heavenly Father for the many ine mable favors they ‘@ received from Hie» bountifal ‘and during the past year, Ido, with the advice of the Coun- cil, appoint Thursday, the twenty-fourth Cay of Novem- bet next to be observed at a day of Thastegiving and Praise throughout the State, RY FRANCIS M. DIMOND, OF RHODE ISSAND, I, Francis M. Dimond, Governor of the State of Rho:te Island and Providence ‘Plantations, issue this my procla- mation, setting apart Thursday, the 24th day oi” Novem- ber, 1853, as a day of public Thankegiving to that Almighty Feing who rules the universe and presides over tie coun- cils of pations, and bath now crowned another year of our existence with the distinguished tokens of His providen- tial goodness, and on that day, I recommend to the good prople of this State, that refraining from all occupations neonsistent with au honest and sincere gratitude to our Divine Bexefacior, they assemple nad unite in their cas temary mode of worship, to give thanks to Almighty God, for the manifestations of His providence and grace to us asaration and uState, snd when wo contemplate our national wercies let us be rexinded in the words of the Father of hit Country, that “No people can be bound to acknowledge anc adore the invisible hand which conducts the affairs of meu more than the peoplo of the United States, and that every step by which they have advanced to the character of an incepencent nation, seems to have deen Cistinguishec by soo token of providential agency which calls for the return of pious gratitude. along with our humble antiel; atiou of the future blessings which the past Feems fo presage’? And let us not forget the dis. tinguished manner in which these prophetic words have been fulfilleé curing the past year, in the dovelaping greatness and a¢vuncing prosperity of our common coun: try. BY WILLIAM BIGLER, OF PENNSYLVANIA. A merciful aud beneficent Providence has blessed our country during the year that has jast passed. His ex ceecing goodness calls for an earnest manifestation of our gratitude as a people. is A firm belief in the existence of God, anda just’ con- ception of the perfections of His nature—of His attributes of infinite wisdom and power—of His boundloss muniti- cerce and mercy, lie at the foundation of true religion, and constitute tle basis of that righteousness that ex: alteth a nation, An humble acknowledgment of dependence on the over- ruling care of “that God who measureth the ocesn in the holiow of His band,” whose will coutrcls the destiny of rations, and who yet condescends to feed the fowls of the air, end clothe the lillies of the field, is an act of homage eminently becoming @ people 40 peculiarly favored as we have been, In cur own commonwealth, the merciful care and bound. less gcodness of Providence; have been most. strikingly manifested, We are under epecia) obligations for His be- nifeence and mercy. The people have not ooly been spared the afilictions of the plague and pestilence, but they have been blessed witht an abundance of the choicest productions of the earth, Tze seasons have passed in their regular order. Winter and Spring, and Summor, have come and gone, and Autumn is now; “seed timo and harvest” we have had, and the husbandman has re- joced in the rich rewards of his toil. The valleys and billy, and plains, have given of their abundance, to make glad the hearts of the people, The desolations of famine, which at present seem to threaten some of the nations of the Eastern continent, as do the devastations of war, have thas been turnod from this people, by the strong arm cf His power. “The pestilence that walketh in darkness, and the de- struction that wasteth at noon day’’—whose ravages have sorely afllicted the citizens of surrounding States—hsve not been permited to invade our favored commonwealth It bas pleased a merciful Providence to restrain the hand cf the destroyer and bestow on Pennsylvania @ season of heaith and upalloyed prosperity. There manifold bletsings are ia the gift of Go’, and to Blum our grateful acknowledgments shoull be devoutedy made. Under the solemn convistions of duty, and in conformity with the wishes of many good citizens, 1, Wilism Bigler, Governor of the Commonwenith of Penniylvania, do hare: by appoint Thurstay, the 24th day of November next, as a day of general Thankgiving and Praise throughout the Stete. BY GROUGE F. FORT, OF NEW JERSEY. Whereas during the past year, the mercies aud bless- ings of a gracious God have been poured forth in rick sbupdence throughout our favored jand, calling upon us asa people for a fervent manifestation of our gratitude to Him a+ the author and dispenser of all goot, a sincere acknowledgement of our dependence upon him for life, bealth, aud prosperiiy—for peace, liberty, anda govern: went of lawe—for pure religion and. the blessings of His grece—for the stability of our free institutions, and the continued enjoyment of our civil and religious rights. For these manifold obligations to onr Creator, Benefae- tor, and Redeemer, it becomes us, in humility and in feat, in sincerity and in truih, to off-r Him the thanks of our hearts. and to “pay ovr vows unto.the Lord in the Fresence of all his people.” I do, therefore, under a solemn conviction of duty, hereby’ret apart and appoint Thuzsday, the twenty-f urth day of November next, a8 a day of public Thanksgiving and Praise, BY E. LOUIS LOWE, OF MARYLAND. Whereas, it has been the practice of all Christian peo- ple to set apart days for public thanksgiving and prayer, As @ national testimony to the goodness and mercy of Divine Providence—and whereas, it is the especial duty of those who have enjoyed His largest bounty, to ma their gratitude and sense of dependence ; and wheres: the people of this State have been, in a most sigaal man- ner, enriched with every ter poral blessing which tha heart of man can dosire; and whereas, also, in viow of the unexampled happne:s and provperty, for so long a timo enjoyed by the whole American Confederacy of States, under the wire and liberal form of go-erament be queathed to them by a common ancestry, it has been deemed appropriate by the Governors of different States tovet apart Thursday, the twenty-fourth of November next, as a day of simultaneous thanksgiving for past benefits, and of prayer for the bountiful continuance of the came, througbont the Union :— Now, therefore, I. Enoch Lovis Lowe, Governor of the State of Maryland, do designate and set apart Thursday, the 24th day of November next, asa day of Thankegiving to Almighty God, to be kept and observed by the good people of the State of Maryland, BY WILLIAM MEDILL, OF O@IO. Now, therefere, I, William Medill, Governor of the State of Chie, in cb<dience to rerolution, do, by these presents, set apart and designate the last Thursday in No- vember next, being the 2ith Cay of said month, to be ob- rerved as a ¢ay of Thankegiving and Prayer, throughout this State. Another year is drawing toa close, Tae people of Onio have been ‘Inid under peculiar obligations. ‘ Seed timo and harvest’ appeared in du searon ; the earth has yield ed an increared abundance, and labor and industry have been crowned with more than their accustomed reward, No fetal scourge, or civil discoré, bas intervened to excite alaim, or retard the progress of our prosperity. An una- stual degree of health has prevailed, and peace, order and tranquility reign throughout cur borders Itiseminently becoming an intelligent and Ctristian people to turn their minds towards the source of ali these Ble ingerto acknowledge their dependence on His good. ross and mercy, and to express, in tome suitable and ap propriate mayuer, the grateful emotions of their hearts. 1 would, thercfora. most re«pectfully, but earnostly, ro- commend'to the good people of Ohio, that, laying aside their ordinary cecupations, and refraining from every employment that is icconsistent with the exarcise of re- ligious observances, und @ sincera discharge of the impor tant and sacred uty euggested in the revolation referred to, they astewble in their usuay places of public worship, on the day afores: and give thanks to Almighty God, tke Creator and Raler of all things, for these aud the rary other manifestations of His Previderce, with which, ‘pation State, and people, we hayo been so eminently , OF ALABAMA, re agreed by a large ma crity if not all the Governors of the States of the Calon that it should be annually recommenced to the people her respect ates, by the execu'ive authority ther of, to chierve the last Thurs¢ay of November as @ day of Teanke giving to God icz the blessings aud mercies of the years * Concurring most cordially inthe propriety of this ar. rangement, I do therefore respectfuily recommend to the people of Alabama suitably to observa Thursday, the 24tn day of November next, as a day of Thanksgiving to cur C tator and beneficent Pre for havieg causod tho earth to yield its fruits commensurate to the labor of the busbandinan, and relieved us from all apprehension of famine. ‘As our own State and several of her sistars have been vieited with pestilence that has done the work of death with £o eparing hand, ia order to remind us that the Jusge of all the earth has supreme dominion, ard quires the adoration of the heart, let us, while we ai rerdering to Him our thanks for his goodness, examine ourselves with becoming humility—confess our tins, aad with sincere repentance pray to him to enable us practi- cally (o exhibit the great truth, that “Rightrousness es. alteth a nation; but rin is a reproach to any people.” Ido therefore adviso that on the dny designated reli- giour services be perform ed in al! places of public worship throvghout the State, with such appropriate observances a4 axe usval on such occasions, BY ANDREW PARSONS, OF MICHIGAN. It has been a custom long established in this aad other States for the executive to recommend a day in each year i In pursuance of that time: honor: Ido hereby recommend Thurs. jovember, of this year, to be set he 24th cay of apart for tbat purpose. ‘ ‘At no period'in the kistory of our State or nation bas our course in the way of prosperity been more rapid than “Tie Uessogn Stakind Providence have been neattered @ blessings of a ‘rovidence have ber ° way ag ‘‘with a wasteful hand,” and still icky aro we. ylovg ‘our pa etl ithin the borders of our State no desolating scourge hi tered; general health has everywhere prevailed; every branch of industry bas met with uncommon suc: “*We bare Yeen and now are at peace with all the world All classes of our people have had abundant zenson to be prosp+rous and happy. In view of there gratifying facts, who cannot foe! that it may bea great pleasure on that day to lay aside as much as possible all our secular vocations, and in a «uita- ble manner express our humble feeling of gratitude, Trapkegiving and praise to Him who has bestowed these blessings and created us with the privilege of enjoying thom as we pass on our journey through life! é BY L. W. POWELL, OF KENTUCKY. Ilia a custom, eminently defitting a free and Christian People, to set apart annually, by public authority, a day of Thanksgiving and Prayer, as a public recognition of the great and manifold blessings which a beneficent Pro- vidence has bestowed upon us. Our people hee enjoyed during the prasent year civil, paliticsl and religious freedom in their fullest extent, The onds which unite this commonwealth in glorious confe- Cqracy with sister commonwealths, have been preserved in their purity and otrength. The honor, dignity aut in- tegrity of ovr country has been maintained untarniced, and the glorious exarpie of ovr free institutions has been exiended among the mations of the earch, The public peace has been preservedt—we hare been exempt from in- terval strife and foreig war—onr people have deen, ge- nerally in the enjoyment of uausund health. ‘The peotilence thet bas so sorely aillicted the people of xouze of out sister ates has not mace its apyearance among us—they had Our warmest sympaties in their sevors ailfiction, and we have reason, with thankful hearts, torejoice with then that the pestilence bas ut lmgth alosost entirely disap. peared trom their borders The lxbor.ot the husbandman has been rewarded with rich and plentiful harvest The fruits of the orth have been given us in the greatest abundance and profusion All the branches of indust'y have been preeminently Prosporovs, aud labor has been smply rewa:xled—our edu- cational interest bas been protected and extenced—phy. sical, intellectual and moral improvement has been pro- moied among our people ,, Leeming it proper, therefore that public and universal Gemonstration should be made cf our gratitude to Al 65 #0 various and #) beacticent 11, Governor of the Commonwealth ny recommend to the people ot Ken- ky the observance of Thuratas, the 24th of November, 3, asa Cay of Thankegiviag, end request thet op that cay the croinary pursuits of business be saspended, ia order to allow unrestricted attendanca, to all who mey be Cispowed, upon aisemblages for pubite prayer, thanks- giving, and praise, BY Ji A. MATPXSON, OF ILLINOIS. I, Joe A. Matteson, Governor of the Stateof !Iinois, do hereby set apart and recommend Thursday, the 24th day of November next, at a day of Prayer and Thankegiving to Almighty Goi, for the manifold blessings conferred upon the State of Illinois, as well ax the entire universe. It becomes a great apd prosperous nation like ours, at stated times, to clos all the avenues of labor. and give one en tire day to meditation and thanksgiving to the Giver of ell Blessings for his signal protection and bounty ia times past, end to implore # continuance of his kind regard ia future. BY ANDREW JOHNSON, OF TENNESSEE. Whereas it has plensed Almighty God te continue to the people of our State the bounty of Hit Providence through another year. He has preserved to us, unim- Ptired, our sich inheritance of civil and religious freedom —has bept us from war without and tumult within—has gharced us from pestilence and famine—has eaused the genial alternations of sunshine and shower to fall, in their season, upon the broad acres of our land; thus fill ing our homes and storehouses with abundant provision for man and beast, and has requited the haad of toil and industry in every department with a rich and full re ward; for ail of which it becomes us as people to returo our thanks to Him who is the author and dispena-r of all good. Under a solemn conviction of these trutius, and ia conformity with a commendable usage in this and other of our sister States, I do, therefore, designate and set apart Thursday, the 21th day of November instant, to be observed as a day of Thavkagiving and Prayer, and Ido errnertly invite all the prop.e of the State to its devout and religicvs observance as such. BY HERSCHEL V, JOHNSON, OF GEORGIA. As dependencs on God sugge-ts the duty of prayer, 50 the bestowal of His mercies should promp% to p-aise; and As States are xs Cepencent as indivi: uals, theso duties are alke obligatory on them. Georgia, in common with our happy country, has sharet liberally the bounties of a benign Providence. He has fill:dcur barns with plenty: He has preserved vsfrom pestileace and the sword; He has blersed our lard with goneral prosperity; Therefore I, Herschel V, Jebuson, do issue this, my prociateation,’ appoin y, the 24th instant, as & day of Thaok estall religious i nations in the u their respectiv of worehip, to a ge with devout grati wapiford bleseip «i, and to imp'cre the continuaace of His mercies v tate aud country, BY STARLING PRICE, It is Doth vecesrary ant pre nations ag well as individuals tion of gratitude and thantfuleess to tre Giver of all blessings, for His superinterding control, and for the mul tiplied enjoyments which His creatures are continually receiving at His han». 28.8 people we E rich blessings of pense of Kentucky, do hi on stated occasions for © give & proper manifesta, been peculiarly favored with the health, ard unbounced prosperi il inesti able gifts, and yoachsefed ty but few of the BRof the earth Tlexe wer des shauld eall forth vor ted voices of thank Now, therefore, f ces t the 1 Thurs- Gay of the p month ber, to be observed ay a day o threugbout the Sinte And i to the Sof the Stareof Mi urual pursuits. and meet together at their respective places of worship, and offer their thanks to Almiguty Coe for bis manifold blessings and mercies to us betir in Gividually und collectively. BY LEONARD J, FARWELL, OF WISCONSIN. The proclamation of the Governor of Wissonsin is the shortest on record. Divested of the seal of the State, the following is al it contains:— It is hereby recommended that Thursday, the 24th of November, instant, be observed in the State, asa day of ‘Thantegiving. BY MAYOR JOUN W, Now, therefore, in com Ferehy ret wpert Thorsday, t ) stant, to be observed in’ this city ade day of general Tharksgiving and Praise to Almighty Goc} and recom- mend that all cecular’employment be suspended dariag tle cay, that all the ministers of religion and ail citizens may assemble in their respective places of worship, to ofer ap their gratitude and preise to our heavenly Father for the mercies which He bas vouclwafed to us during the past year ané for tha general prosperity and happi noas which pervades our Jand, and to asl @ continuance of these blewings, and that he would infuse into our hearts the principles ef his divine law, ang that the prac tice of our lives may illustrate its eavieg truths. h day of Novem dQ ‘Thanksgiving ly yecommensted uri, to shanden their Trial of John Doscher for the Murder of Patrick McNulty. COURT OF OYER AND TSEMINER. Before Hon. Judge Edwards, SECOND DAY, Noy. 23.—This case was rosumed this morning.— Mr Smith, in summing up for the defence, contended that this was.s case of justifable homicide, The cefend- ant war quietly and peacesbly engagetin his business on Sunday nightat alate hour; but even if his house had been the most disorderly in the world, the outrage com- mitted by the perty who entered it would not be in the shghtent cegree mitigated. With the character of the prisoner the law hed nothing to do; but it protects all alike. The statute says that homicide ie justifiable when cemmitted by apy person in either of the following cases : When resisting any attempt to murder such person, or tocemmit a telony upon him, cr her, in iis or her welling house in which such person shull be, when there iwreasunuble growad io apprehend a design to commit a felony. The party, among whom wes the deceased, were a gang of drunken rovdies, going about on Sanday from pice to placa, and drinking on every vielt. It was shown neo that they were in possessi:n of pistols before risoner’a honse, The burkevper wa: * bout allowiog them to have ar ything to drink we it was evicent ty bim tha: they were dangarous excited. The} 2 Jat great length the evicence of pted to show par tislity towar The Uistriet Att The Court then ebarged the J TU JUDGR'S CTANC Gentlemen of the Jory—The prisoner at the bar is in Givtec for the ecime of mur. The public prosecutor, however, in (be di ge of b his not considered tnecessery to present the case to jou se a case of mur 1; but you have, notwithstanding. the righ! to find the prisener guilty of murder, If you bolieve him to ba so, or of any Cegree of hcmicice less then that of murder, Al- though, gentlemen, it is not pecersary for me to present this cave in reference to tue Jaw of murder, still I have thought it expedient that I phould refer you to the sta tutes Ceflning murder, That rpecies of homicide which ix called murder, I find to be killing a harman being, whea perpetrated with » premeditated design to effect death. ‘The other ce4nition is where it is perpetrated by any act regardiers of conseguenoes, although without any pra- mediteted design to ellect the dea hof apy particular in cividual. Under the first aubdiviefon it ie always neces very for the jury to find thet the party, at the time he committed the act, bad a rettied, fixed intention and purpose to kill, The second eubdivision appliea to & cose where the person accused, frera mere wantonners, shoots into a ercwd, regardless cf human Kfe, under cir: cumstances evineing depravity cf mind, which, ia theeye of the law, makes ®inan eqvally culpable as when one harja premecitated intention to kill a particular individwal. itis not contended that thie case comes under either of these subdivisions of the statute The other definitions to which I will cali your attention are those of manslaughter inthe recond and third degrees, Manslaugh‘er in the recond degree is defined to be the unnecossary killing of another, either when resisting an attempt made by such other pércon to commit any felony, or any other unlawful act, or after such attempt ehall have fai In this onre, the party musteither be engaged in an attempt to com: mit a felony or to do some if r unlawful act, or he must bave been engaged ix «uch tempt, and such attempt mast have failed, and. in addition, the killing must have been unnecessary. In order to give you an illustration, if those parties dia go to these erwetiees on the night of the 13th of Jan he hear img nance oe of any kind, by breaking the les or dotag any ot , ury arth pecies to the premises, ane erat the bad hsgesanrs 9 and unnecessarily a ee that killing would a1 cant to senna 8 ‘cavond degree. e other definition to whi refer is that of manslaughter in the third degree, OF MISSOURI r PRICE TWO CENTS. killing of & human being, in the heat of passion, ¥ in any onse except wherein the killing of another is berein declared to be justifiable orex- cusable, It is necessary that the party should be so far excited by sufficient provocation that he is in that state of passion that he is considered incapable of forming @ deliberate design to kill; and if, under these ciroum- stances, he kilis by a dai us weapon, he will be guilty of manslaughter in the third degree, The otuer defnition to which J will call your attention is that of justifiable hornicide, which is the defence set up in this case. Justi- fable homicide is found to be the killing a man when the act is committed im the lawful defe of the person of the accused or his wife, or if it be a female, of her bua- band, child, mistress, or servact, where there shall be o reasonable ground to apprehen‘l an intent to coramit fe- lony, or to do some other great p sonal tnjury; but must be great and imminent danger of such a design be- ing accomplished. The homicide vo be justifiable, must be committed either in the defence of the party him- velf, or of his or her husband, wife, parent, be the with mistress, or servent. It does’ not include ® bro ther, tive, exces those I have mentioned. In order to make out a ces® of justifiable homicide, there must be reasonable grou. to a) a cesign to commit « felony or personal tp/vtry. tt ie mot suficient that the party may apprehend such @ design; he must bave reasonable ground for the apposhensioa— such grounds as in your estimation are considesed reasom able. There must be also ground to apprehend great per~ topalipjury, not merely that injury 7 ish ariscs from @ slight areault or chartisement, or @nything of the kind: it must be a serious injury which {to be apprehended. It must be maiming or matilation, or ig whieh ie equivalent toizem, There mustalso be imminent danger of such design being accomplished, for if the circumstances show thet there was not that Canger, which the party covid net have erviced the necessity of killing, then he cannot eet up this statute in his defence, Now, gentlemen, do the facts in this case prove the the prisoarr et the bar is guilty of manslaughter in the reeond or third degreee, or that it is a case of justifiable: homicide! There is @ good deal of discrepancy in the testimony which has been given in this case, but mo more than is common, and, perhaps universal in similar cases. Tn casas of this kind the assaulting ps of course, will oY Cc give that version of the story which’ is most favor- te able to them, and in the same way sqpiled will give the version which is most favora themselves. But still'it seems to me that we can easily arrive at enough of promineat facts in this case, without reference to the circumstances, to enable us to come tom correst conclusion as to what is the res! character of the offence with which the prisoner st the bar stands charged. ® It seems that the parties in this case, on Sunday night, started in the first place from the house of the first wit: ness, Patrick Shirr, and from thence went to the premi- sex of Herman Dorcher, brother of the prisoner, which at that time were oceupied as a porter house, ani hay for other purposes. The party went in there, and, a story is given by Mr. Shirr, they commenced ‘/sky-lark> ing.” While they were thus employed he says thet the prisoper at the bar came there with his own wife; that he then, for the first time, ascertained that Herman Doscher was the brother of the prisoner at the bar. Shirr says that when heYascertained that, he quelled his eom- ions; and after they had commenced taking some lib- erties with the wife of the prisoner at the bar, he them not to disturb her, and he would mot allow them to disturb her. Fa says that then, after tabing a drink, they left the premises, This is his staiement. The staigment given by Herman Doscher and his berkeeper is not contradictory, though they state much more than Shirr. They state that after the parties got there they commenced meking a cisturbance, and, among other things, one of them jumped upon the coum ter, and another pursued the wife of the barkeeper, This alarmed the barkesper t> that degree that he deemed it pradent to go arcune outside of the house and take hee ont of the window. The witnesses say that at the time the party were there thoir conduct was such as to excite alarm, and that whep they were spoken to ia acnnallabang manner hy Herman Dorcher, they told bim they ‘break bis head,’ and that they would “aplit him.’? Af- ter this they went to Bayard street. witnesses all, agree that they drank at Heraan Doscher's, and at the Place in Bayard street some of ihe party drank here they fell in with McNulty, the deceased. they went to Mulberry street, and’ then to Shirr’s, where they took another drink, aud then the party wert dowm to the premises occupied by the prironer at the bar. When they went in there they asked for something te drink, and the barkeeper hesitated about giving it te them. Atthattime the witness Shirr went up to him and raid, “Give them what they want,” adding thet be would pay for it. The next fact which I think ay infer frem all the testimony, is that Long Johm r) who was in there, wentinto the back part of the Premises with aman who was t, and some of the men who bad come in with ShffP went after them, an@ that owing to the violence fof these persons Slater was @jected irom the back part of the house into the room where the bar was He was then thrown down, and ft may be also inferred that he was seriously injured at that time. [have not stated these facts as strongly as I be- lieve they should be sta:ed, and not so strongly as I bee lieve we are warranted in Inferring from the testimony. Such was the severity of Slater’s injuries that he was covered with blocd, and sayt he carried a black eye for three weeks afterwards, Another fact which was is, that while this was goiag on H-rman{Doscher came im, and the parties supposing that be bad a pistol, (which he cenjes), under that supprsition they attacked him, ea they said, for the purpose of taking away the putel. Jt Goes not appear, however, that any great vie- Jesee was dore upen him. { may infer from the roof that the bar keeper, who bad remained behind the bar, had, however, attempted to persande rome of the par- ties from taking down some of the bottles of sarsapal ond it appears that he was struck down with one of bottles, eo that he fell upon the floor. The prisoner at the bar then epened a drawer that was behind the counter end took out a pistol and discharged it. The proof that there were to or three more discharges hi the inference would be that the others had one, Is any euch proof? Herman Doscher ee the pair were takem from bis premises, aud one of the witnesses on the part of the prorecution rays that the pistols were taken away by one of the party. The question, then, is, whether pistols were loaded or dirctarged. The testimony which was relied vpon on the part of the defence was to show that one of these pistols was discharged? The evidence of Catherine Pe'ers shows that the pistol at the bar could not have wounded her, If you come to this conclusion, of ‘onable grounds of belief that an been discharged at that 5 ni + upon which you cam are, Gre, the fact that one of the barrels of one he + of Herman Doecher was loaded, and that there must have been another pistol discharged on that occasion, than that fired by the prisoner at the bar. o.ber circumstance, to which I have not aliud- d tha’ is the teatimony given by the witness Joha Walters. He says that when this scone of confusion was going op, a pistol was pointed at him; and one of the par- ties raid something about killing him, although it seemed, to have been said from mere wastonness, with a de- sign of alarming him This statement presents substam- tial le scene which took place on the premises of the Fat the bar, on the Lith of ke you, in tre first place, that a scene like this cceurred in a civilized com- munity like that in which we live. It is a melam- ehely fact that we have in this community & class of men who exhibit such utter jessness of com- requences which seemed to hava been exhibited by the ;arties who came on this occasion to the premises of the prisoner atthe bar. There is another fact whieh itis melaucholy't reflect upon, and that is, that there ia a clase of men in this city engaged inanocsupation whick: renders it necessary f r them to carry firearmswith them, The testimony here would seem to show that it is the practice of a class of men to keep themselves armed atall limes. They, in the first place, diffribute the poisom which excites the passions, and then find it necessary te arm themselves with deadly weapons todefend themaelvea from the consequences of their own acts, But still, what- ever the occupation of the Cefendant may be, he is undee the protection of the law a: fully as any other member of the community, snd the same Jaw applies equally to him ax to all others, if, cn the cecasion of the fatal Fence, {wat necessary for hiss, {a defence of Me own life or percon, or that of his servant, from gree: bodily injury, to kill his asra lant, he was justified ta doing eo, Now, whether thie was a cate like that de reribed in the statute, it is for you to determine, All that I heve to say to you in addition is, that the prisone- at the bar was no: justified ia taking the life of the as- railant onlershe had reasonable ground to ay great bodily injury to bimaself— meaning maiming, muti. jetion, or some other serious injury equivalent to it ‘There murt have been imminent daoger of euch 1 feng accomplished, and you must be satisfied that he could not bave avoided the danger by reasonable means. He wae justified, if such were the circumstances, in de fending not oply himself but bis servant. If you find, then, that the partigs in this case,wh» came to the houss of the prisoner at (M@ bar, were engaged in the sion of a misdemeanor, and that he unnecessarily ene of them while so engaged, it oil) be yous Cany Spree him guilty of manslaughter in the secon Seems. It find that be killed the deceased in the heat of ruse, reduead by suflieient Provocation, without design to ef- P feet Ceath, it will be your duty to find him guilty of man- slaughter in the third degree. If you find that he com- mitted the homicide in lawful defence of his own persom we tho perron ef his servant, you will bring in a verdict ¢f not guilty. ‘The jury then retired, and remained out for about aw heur, ater which they returned verdict of not guilty— ju-tibable homicide. The court then adjeurned to Friday morning at 10 o’clock, il Marine Affairs. Svoceservr WHALING.—The whaling sbip Sheffield, from the Ochotek sea on the 24th July, is reported at the Sand~ wich Islands, Sept. 9, She had been thirty six months oa the voyage, and had taken 7,000 bbls. oil and 115,000 lbs. bone. She had 8,000 bbls. oil and 60,000 Ibs. bone om ‘board, having shipped and sold the rest of her catch at Sydney and Horg Kony bo took 1, ee bbl rer ni ‘on, and lef e'ground, foamecunelo Gl. At that time the whaling fleet was Going as well as in the preceding season. Hannor o¥ Revvor.—A project (son foot to construct @ hacer in Block Ialand, whicb is rituated in the Atlantic Ocean, twenty miles northeast of Montauk Point. There 4 on this ixland # remarkable salt pond or lake, covering nares of about 2,000 acres, with a depth of ten te twenty fathoms of water. This i: separated from the ocean by a strip of land ot sandy shore, about tea rode wide, across which it is propsed to cut @ channel. Naval Intelligence, Lae Ye a tnd hes three 0 thy loa of eens: ‘month leave ton Tietenant Theodore P. Green has been ordered ta