The New York Herald Newspaper, December 30, 1853, Page 2

my toothp'ot, also the reseipt for my moaay whieh was taken from me in Leipzic, | protested agsinst golied it a berach of all cations! ‘all these proces: ing laws and righ's, 2 could find cay sel? by groping whew Zein the morniag I received a I tril the man that I wan‘ad to speak to the dive noon | was brought uo in atrial room gad the ¥ degap todeal with me with high importance : ‘ in gee reasoe Of your coming to Europe? When [ beft America! What place? Whea apd Weere stopped?” Insbort, all that had happened until my ar rivalialeipzis Igaveaclar and o i of my pasege anil all my business purposes how important these were for ma, acd that I wee! ¢ W @ great lors should { be prevented irom continuing © veynuge and peaceful basioess Everything [aia wal oarefu ly put cown, and then I was told taat rertedl for being a0 “eraissary othe g Mnglich revoluti nary uation.” Ttold + the first time | ever heard ot any such that no matter for the present They pd ime would sufficiently show my guilt, I sbou fs convinced that they had such itformatioaas | p Fa o expect | replied that [ hed not expected it; lieved thet any government of Barope, i! they ‘wasted it, could have trus infermation about America Sut, ms to me that this goveramect has :ather a arabe source of information [ drought to America rmav, bat no German px lities, 1 huew too well my ia my m Oe 4, and before weal! use 2 | esdeavored myself to fu fil my dutivs. idrnied to bave mixed at any time in America with pelitics, I tld them that as thé Saxon governmen: had possesrion of my property, I cifered @ thiusaad doll ara if they ceuld prove (hat I had taken part at any time, at any plsce, om any cecasion, in America, 2 forviga politics. The question, ‘Are son a repablicaat’’ Lapewercd yre;”’ adding, that they could see that from my papers, which would show that I bad sworn to the laws of A ie d dissolved all allegiacce to any : cipally to the Kicg of Sexony, of whom 1 was formerly ssubject Before I was retucned to iy cell I repeated my wish to see the direstor, who gave me at five o'clock P. Man audiei 1 bad gene raly @ bumane recepticn, I protested against my im prvepment anc treatment I want to know the facts om which reste sation, Thad proceeded lawfully, and could expect eet everywhere the sams, I was | Lot & fcgitive, sxile. [bad left my couatry free! accecudreun at anytime My papers are all riz’ and they wou!d know pretty well that | could rot ootaia | ® passport from ington aiter fv The civector, Mr. Opgel, agreed in you sre uot @ fugitive or aa exile: it wel y bard for you if that woul be the cnt sin to the charse brovght against me be could notsaya word, Shoula I be 89 iunosat as [ pi soop Gnd it out; tende to be then ther would very I should go to my cll; L eould slerp et=a gol cou so ence 1k ® gocd yillow.’’ For the woment he could not io an: ald wait the aod with tracquilitty. Mar 1,5 6,7 8—Continasl entreaties to allow sme ecm coitee in the morning. On the éth I got per- A request, three times repeated, to per aud ink, to communicate wi al oF minister, was total! rey mace +01 —what[ wesdoingtnere, Thay called @* and asked we whether [us¥ y about my charge was brooght. mpatisatly, I was told it | living in New ¥ somewba soon come ap— sooner than I would like it test azaiast my im the action towards * ich Saxeny was guilty; from pna- gona | pmae oa sup | tain meom suspicion, to bring nothing to i Saxo: ‘ } th | me to the p y did wot conta’ right «¢ it ho rbl- & Ittle fre h air: io th Be teld md ais dot that he bnew was. Tecel pet tee if he cou ree unlormite & . I d my Wash hid merbaven Tam ‘p prison, an’ plied that his ju Beborde bad to dral form ] cou go every wien sive no offence, "Wh, ewer every moment. vielate it The a Bremen priscn for tion, an yrlron; Easter, on eminsary, but th made egaipst me, ved treatment and { Tican, op a recommend. Int that sould heppen could get my lit wain in pris go ont. the ¥ which he had taken fx p when Lwas to le ito deprive me of al! means to s9- avee—a right which iseven gramiad | z Bhicn area | Toe actaary re nied to put bidden to o said. ary reads me thea protoccl of yes | what be was silowes tu put down of my protest; | quoted that I bad pr tention, Some crime upon | Treport {rom the pol va to the Ministry of | the In'erior was wa€. end they expectel every momeut | Teould be aseured that { would not be de one minute afterwarcs: and, althougi were Sunday to t orrow, the exy and +0, perhaps, | iH “ant reema to bave bappened; no exa ry -| pation; other Staces hud takea my cace in their heads, | “Lam sorry, have to remain in prison’? That was the result of all my qae:tions. 1 | ask for the ;econd time to ree the di teracon that gentleman gran’ reception I met was quite a ¢i the iret. lcompisised and pr ent iphuman, and arked fer the mea i my treat- | commanicate with Mr. Benard in Berlia. The re trem ¢oing s0 1 ed a breach of 4 \Augbed me rigs in the fae nould ecu how bad it uvd oor: be ned state er than ft, 1 would bave done o bear the coaseq: e slightest 1 9 don’t make acd ly deplored ferce and 6 not zeply eut 28% t me for me. » nothing to say adow with terday. eatment—what law ul, and articlen, ceased. | alleght werics in addition, was not all what for, exc uded from the world, snd without any | n cats of commasicatirg with the outeide. I was trae morecyer, in shocking mauner; acd £ ub the rams sere? ard unjust manner wh terized their previous urage of me How thi ted, arc what was the ead cfry mi from the an taten ent. FRED K’ WISCH aL The followi , upto the 10th of May, (makicg uifty-six days ) my detention continue, wi tiny beieg able to obtain the slightect knowledge from what reason No motion, no frera air—I became so weak that I conld ither siaod sor walk, and sometime. I becams tepreles and tried out; and, ia comsequeucs of wae taken irem my cell aad thrown into # dark, and ould Uuogeon, im assordance with s given cr teach me The ker per showed me iron eaaias, to sign of apy wight be ds, thir, ‘atDP, with bread ard water, fiva daya, » taoroughly | prostrate apd nearly lost my eight. I prayed, asa grace, to be shot at once, as 1 imagined Il was to be killed slowly. Biought up in my cell sgain, tad receivad finally a doc- r, who gave me ail copro‘ation, that my preseat state Zid be of ne dangerous consequerces. Me toli me ai again, awd soon recover, ia liberty, i that word, and he ta not taken! h am I changed! To Gi! a gisss with of bread, that is work fer a vicend this terture? To- two men will bring me to at the authorities taera will I am not only to be | ytbing ele ia placed ia | ro. I was very glad to ncrrow——thoneaud thanks, Brewerbaven. They hi pe tk my busine haven, but ¢ aately cov May 11—Now | am ex Actuary reads me @ ministerial Cesree of ths U-urt of | Saxony, that banished me forever, and in ease I should return, they would fend me right lo prison, for bard ia- hor, too ‘How strange! The bauisha itself is my | pride; but it would bave only a sense aad a conse, asace, | hex Lf masa German, a subject of the Saxon biog—they uli do 50 before I left for Amaica. Now I am an Aner'can, have svora werer to obey any foreign power i p ka nota word, I was a victim of 1 prisoner; and a long tias ago, f to a stale quite paraive aud ailent, neal whieh placed iteelf above or ba ‘ Ui and interustivwal is and laws, he aitervecn I received my baaguge ani tae “Wech'meister” who was to bring me to E presented to me. Then I «as esrric d with » bill; thea of ov c Lined my i stood before atr ccm, and prere pay; these robbers bad foond some money with me; tie sieoce banded to the Wachtimeister, who, I | wae tol, bac received orcars to act further with me,’ 1 put the I was arrosted, tried, but war xl of bring @ revolutionary tule yo snytuing sgaiast me— not at all de’ 3 but an never fail: ard so I had to pay, or was morey, ‘ Wegen vnbe Fogter Ruckhever! ' wean? They mace me pay for it, and did dering the wh le time of my ro called fugitive or an exile, I could notreturo, and f ulé have | ved a Cay or ten yosrs in Americ 1d Ihave done so they would have p atishe avd, bes'ces, it superfluous to baaiad me, a * optima Jorma,” where no legal c*mmiwion betweea the king and me exists STATEMENT OF MY IMPRISONMENT IN BREMERHAVEN, PROM THE 127K OF MAY TILL THK 24: OF MAY, 1858. May 12 —About 5 o'clock in the afternocn I avrived, with my official companions, half en hour before the ‘Wachtmeister” sppeaced, in fu'l uniform, with » big : governments bed ol | pat dos: that rd I proposea to go to Stinhofl's Hot el formerly used to atop. He told me, ‘That's all rigat you can go where you pleare;”” he bad something to do with the police, to fied oui @ Saxon who bad rua away, acd who was supposed to emberk for América, I oid not | in the least euppere that 1 was to be imprisoned again. | ‘Arrived im Bremerbaven, the,*Wachtmsister” immediately left the veel; the other officer in etvie drers rerauines witn | me and we took # carman to bring the luggage to Stein hoff’. Following, we had to pass the “Aw{heng,”’ #odin passing ‘he fame two men came forward, iuvitivg us to | sep infor a moment. Arrived there, I was to'd to waits | ttle; both cf my Saxon companions disappenred. ACtor | half an hour, two Premen officers came, and requested me to foliow them. 1 immediately imagined that I was to be imprinered agaia, I arked what they were going to 40; I wanted to aprok to the “Amtmann ’ Thay told me | I could do #0 to morrow; | wocld thea be all right. I | was obliged to follow, wed ko T was looted up agein ia a Gell, in which I found all my Inggage, and ia the door s hole through which the keeper communicated with mo, ‘and asked if I wanted something [asked for ink and 89 | ove bitter to the police and ane the | Bre ner tn 1 ee we ) | dus to be paid fn re | whils thee enge: tween one and two 2c brought out of two ren, on boar left, the Br ponder tke Engiith ¥ are uct Low. au é ‘The papers that sesomaale the letter which you rn toe 7th ultimo, are Lerew. bre, Tam, = b a any polttios, they should be sexe y 18 — Very bad visa’ im a gel! egain Ww. and neavy c ibe keeps PA, yfonr houre feish alr, weal wy bil ull of lime and alt 1 wanted to spe sk which [ could iva, aud 1d po" open my eves. xecative natara all bing to ¢o ma ev bal ot ak to ths amtmfun today, but he would | would pey the Judge a fe of $1,¢(0 he could hava ha on to let ma cut for a wir cers cams in full ed us dowa stairs; aod eo T walked, with Jermany was safe! | e@'o ; and or what I should make oat o! all ® they inter ded to do with m! so Caily ae ‘ong ae be staid in Bremerha fon was in fact a fo: 4 y hat offence can @ manecommit wino ia in suc “You area getlecan,” be rep! T1ol4 Lim about wy Je May 14— About 4 o'clock P.M, ttepped into my cell. Three Bremen offic nied bya lad, commas ing me to open my lugeage,! | im the charge of the Corrul, who undertook to forward skid what for, and was told they wazted to seared aud just received wy thiogs, a’ter thoy | tioner, to the United states Minister at Bogota, aui your have beer in posseesion of the daxoa polise during tea weeks, and now, when ! hare i apybedy, the Bremen police keys, and told them they should do as they force, uot law, acted here; Tre young man directed the visite- {ter epreading all my things over the whole ry left without speakirg a ¥ord. = Packing my trunk. bavket all ore me; lon'y esa y 16—From 10 to 31 o’e! me hope given by + ters wh e charge phantom, or war mace asa mre pretence; bat {1 was far, evep the Saxo’ police have copsidered it to be their duty to j loa that I thrugnt wosld be the | gover went of New Granaca for the usages which have yany time a ves A policeme In Dieecen 1 ag told that I would be free in Bre All the way he bad told me the sams nobody bas tol? me waat for. ctron bad Now He ceased ani the Bremen ith me; he did not kacw what lac asked the ‘The last in- une for me, fur Iwas so down, iy was expectéd that I should aa offences?” [askod; * and tater? it will be all right.”? sters, and that I expectad am aa. | s scoompa- a wis T gave th i men wee in! fsimpiy asked what Whit Sunday, and io What & horriola state ir Lapoestdle, with = woollen aad thia sir in my call M. we walk; bat all a, no coramunication, Mey i17.—Walg inthe aftercoom bet all other thiogs keeper to get free, atter all I waa led toa he Amtmana Grining gave DI had writion a week ago; cea!’ bes no’hing t) ¢o wih > mmeéadation from t pendants, as they held in’ prizon in ng a revolutionary mast bave been provet a astify ner actions, iscpment in Bremen of an Ame. The émimenn told ma that I | wae leaving fo nest T had to x ber allow me tome | reeh | rmiles of ) | Jon wasalso ook 99 Pearl street. #cese prwented fa your letter | its aceompanyi gees of barcahi of their ocentrence, and ny ta the matter, and in di poor com mvication, and ‘a Four rote to Me, Maus, of SHOCKING TYRANNY IN NEW GRANADA, Memorial of Wallace W. Williams and Hugh Muier To im Secnetary 0 The petition of citizens of the Un previous, paca. cer sts, including go« yrering to pay tw € of the property. and one remittange of abo’ that . which was al That bec baving beep taking with bim a consi of the property and being ap; ATE OF Tax Dy That in Septenber, 1 rirg to return to New York, + sand farn and James O'Reilly Kearney £ The sum first named was p what was remaining due wes ip Japuary, 1852, ren tettl ment wi e vp the oth Willams. And the pu f the the hotel, bad been court of the pur in cf debts dus sow ethiog Lk 2 800: t of the Ealanee remuaing ea ke rotea of the eait M iovers proposed to the sai D stares isms aud Hugh Miller, Wal the year 1351, and for some time | PY? Was put in porseanion dy ‘he Judge, the whole »'0:k Lia Ubagras fa 1, being ia Md out the prem: Elward MeGovern asum of $7 62, they hunired dollars was our petitiener het ever re- rey had lef; Onagraa, amount of the preceela d, and your petitioner show, that the ourrs f Pp pg there, found that a considerable oor s in the ore, 3a weil a: of the faraitare aposed of by the said MeGovara rney, from which ther had realized more thaa trice the amount that had vanced by thera ona: Leswhich they hade ft i oe said Wi to get pay 1 having ao secnsi ern aud & MiGovern, who was then hagres 1a charge of the property, and contacting Uminess, (the wid Kearcey’ being absent, $s was reported and lieved ia Chagrea, g abreonce’, ani thet be was not at y to return there) to take back what remained of the property, and to.gire tp the notes of the said 4 cvers ard Keavne veyed, the notes ware x ‘toik posrerrion of and pr stock of the ators b of \hs furcitore ip +! €6 the house apd Billed up the a! j weeks was cerryirg on the business o! the concern; that | the said Kyarney ¢eturned and shortly + ge betore the Judge of the distrist at Canton, in which Chagres waa fer took pocees jon acd negotia\ ou several da Govern vpon full consideraiia and by acvice of ni friends, acsepted the proposition, the property was re sven up. and rour peti: ceaded with the b istoess; ter was under consi’ ani that the sail M ie nioned reduge lands good den ibe.og d spoaed of bi cit of g00 sand for sevaral ed, to repose a hia- eit cf the property bad bien fair'y grea upto our petitioner Miller: the pretea’ed groucd of wil rooeeding was, that M timi mi vetiti nece fur too theee proces jee. eu your peti take the prc ceedings b Kea y The Jicge Ceres your petilicner rey; shd on you tne reminding & vern's eekne w le by McGovern, be told 5 +f yer ari into his « fice, withou you r petitioner to be vent that your petitio a confinement Castle: ax y soliters, and cals, ip a farted o-ll, w of ¢.iminals, nearly ons dinenven, toner went ace pg ine bargain fr re ¢ phow pgs, hw ent of the ceed whi persorally keaw the wes altirwer a tint ia ef ht ent to y rer, ¢ charge; but aa as induaed to psisto him by ) the store and or- possessions to Kear- sire bis act, relt taken MoGo- ich was oxeoute t ovme over ty his ant he woul! hear to pay conte amount rlogly aid. tbat ad as 8000 48 be came zi¢ word. he o ungeon ip San Ly prt heving hin with the lowest class lof wnom were cuMferiog wita vari- ‘That the United Sta‘es Conrul at Chagres, (Mr Ha:vey Gletson,) baviog been into: been committed, imme siately riisea for the protection of of tee outrage p@ich had ion of the pre your pe he rights tioner, and shut up the store anc house and hoised the Aw an offer to « pe the amoont cf cemend ard many citizens baving the releace was Scally o-dersd, af: Oo ¢ |g youseswion of the prop requist fom, of eine or ten hours charge, your petitforer to whom he was obi and proved the utt rey but ¢ ge OF given to Ke costs, whic busin ty $15 00, ined stamped pap wards procer:'ed the Consul jenn tag anow it the reloaee cf y eur pe Ke at first peremptorily re’ure 1 severs} individuals, which war a wit any amount that £30,000: bat the counvel persisting in bis i ed porvesiog of the p atevery atiemcace vel? with a» par He thea proceeded to the timer, The « offered by J, 4 wae also boul be required, to tha delay st wivhout agaia tax eav'ng the Consul in pt with witeesses and s lewyer, » pay a (ee of $000, to the Judge ‘the barge made by Kear. rem nes to be to pay every ze of the oun ing ia this instance your peutioner paid for ar. That the Judge after. ined in makia var petition pt provested against spy interfer t belog acder the protection of 2 Judge finally ordered the door gir done aad Kea athe mean Une at wtsiort jel windows the built | 08 de | ia) Bat | | On thu {twen y fourth day of Dec W | thore matters be be.ieves it to be true an tha pilot | eave, and I was safe | | cula:y of what relates to the proceedings to dispostess Tv ia govergment would | tog in the sity of New | fl health, and | ; | koew Hugh Miller; he had atieuted to basioess there farnich- | nf moldiers ; that | from thet time the eontrol of the property, until the stock of gocds.aud si] tha moveable effects ware disposed of ‘that the buildiog bas since been taken down by him or bix agents am! taken to Aspinwall. Yeur petitioner, Willis ing what had occar- | red, went to Chagr (5 185%; the goods had | then berm vearly all disposed of Your’ petitioaer weat to the Jacge with a lawyer to whoa your petitioner was | obliged to pay a fee of $100. After attacding day after | day for many weeka, and being out off upoa varias pre tepees, he was Gnally advised by his lawyer, that if be | property back. This your pa‘itioner refased to do; wod | the Judge then deciced that he shoul uct have the po. | perty, che’ ging your petitioner with # large bill of costa, which be paid. Your petitioner thea demanded copies of all the papers ; that the clerk made out what he aiid was a complete copy. but which, im fast, ax your patitioner | aiterwards fourd, did not contatn the protest of the Ova- sul, and that & considerable part of the other pa pers were cimitted, for which imperfect copies your petitioner wan obliged to pay the clere $130. Wita these papers your petitioner procesded to Ps ma ani submitted the to the Governor ; that the Governor said it was impossible for him to i | fere, Your petitioners then went back to Chagres and | teox the papers to the United States Consul, who disso- | Yered the omissions above mentioned; these were supplied | by bim es well as he was able, and uader his advice and | icetrnctions your petitioners again returned t> Panama | and urged th Govercor for relief, The Gavernor ans rer ed this time thet be would semd for the Juigeinafew ays, but refased to take any action upon the pepers Each of these trips cost your petitioner at least $150 He | went back with the papers to Chagren aud placed pxpsra them, witha rroper applicatioa in behalf of your pati- petitioner then recurmed bome, viz : in May last. That | “he Consul has since died, aud your petiticner is unin- | formed what action waa t ‘at Bogota, but is advised | that whatever bas beem cone will have been commani- cated to the State Department at Washington. ur petitioners further state that nothirg has been Cove at Chagres for restoring them to the possession of the property or for, their indemt ity, t the Juige bas ben turned cutof office and Kearney hss quitted the | country, as your petitioners sre infor aed anc believ ond they further say that no coropensation has been | made or fered fer the property which waa thua wasted | se im bir nemorial bas deen detailed, nor avy amends | fer the pervoral optrage committed upoa your peti:ione: Diller, in violation of his rifhts ag an Amerisai They further say that the lose of property, vearly as they can make tie estimate, wasabout $10, 00 | that the cosia paid by your petitions, Witliams, in the there opp e sive proceedings amounted to about 2800, besides whieh be paid an interpreter $200, aad that | Lis other expenses in attending upon ‘he case at Chsgres | ani Panema amounted to at least $400 in addition th’ | to: and that the experses af your p'titioner, Mi curng bisegrncy, as hereinbafore set forth, auouated to the sem of $2,060, inciudiwg $1,200 advance bby hia of bis own funds to replenish the store Yeur petitioners therefore submit the case to their own government whiss protection they are entitled to ard pray that the Honoranle the ecretery of | @ will give it euch consideration aa is due to it, both | op account of the private injury which can be red-ysied ooly by intervevtion of the government of the Unit-d Sta'er, and siso in behalf of tae national donor, woich wou é eviler loss if euch outrages upon Amecican citize.s should be submitted to; and that such proceediogs maz | be tekem as that reparation may be obtaiued from ths bern tudered by your pe’ | cation the lesa, sicer I could not regard any information Mr Muegge has appealed his case to the Hon. Peter D. Vroom, cur Minister at the court of Berlia, and has also sent copies bame of the deta‘led st stement to Mr. V. ofthe outreges committed upon himaeif, his business, sad his famil: matier will unqu: aliy undergo the y of our government, and perham® lead to a still farther and more emphatic enuncistion of the rights of American citizeas abroad We therefore pu lish the ma- teria) statement of Mr. Mueggs to Mr. Vioom:— In the m dele of May, of tue present year, I received from our Mivister of ign Affairs, Mr. Marcy, a com- mission as bearer of ¢espa chest» Furoge at Washington, and was to depa:t from Boston on the 25th of May. on the “Cambria,”’ for Eeglard. Arrivei at New York, [ foand that all the best cbertha w waged, andl tierefore found myself compellsd, as I traveled in company with wy wife and did aot want to expose her in xa anovd able adode on ibe verel, since she was sickly acd suiler- irg very much ‘to take passage on the * Sernann,” ia which cass, however, I could not take the despatsaes destined fer me, ana which were not to arrive previous to the 24th besices my passport. which iverad to me through the ‘madium of the Agent of Despatcres, Mr. Wm. A. Weeka at Boston, In conseqaence of tuis, 1 telegraphed to Washington—the tims being too short to write by mail, since the Hermana was to go to sea the next day, the 21+t alceady—declineo the m ssion tencered me, under staten ent of the whore reasons, acd requested ‘that my passport might »¢ forwarced to me immediately. This I also received the followirg inoruing already, bat with the exception of my name, the dats and ths sigaa- @ Minister, everything elie was blank, with the remerk that I sbould fll up what was wanting mysalf. Arrived in ny, I took my wife to the bath at Schwalbach, and I soon weat to Leipsie om business, lesvirg her bebind. There an opportucity offered for an eee to Dresden, where I arrived om the 7th of gue a the following morping I was summoned to tho police office, where my parsport already lay. I was thara told that my pasport was forged, as pas'ages mentioned we: filled up by a cifflerent hand. I now declared to the thorities the manver in which this happened, as before stated. My statement wax reduced wo writing. In an- question, sivee the exarization was wot yet atanend, wherefore this examioa'ion was held, I wae told that they thought they hai reeson to doudt the identity of my person. I referred, sinc» [no longer poeness any persopal s:quaintancea at Dresden, to many well known and esteemed meu in Loipsis, expecially our consul, Dr. Finegel, whom I had koown for thirteen years. Ths whole preceesings ended with the declaration being ma # to me by the utbority, that a commissary would to my kotel, ia order to there search ything bad been carefally searches, police officer, to whem another oa- bad asociated himself on the way, found himself ir duced to tuke a letter of recommendativa to George Herwagh at Paris, daced St, Louis, Mey, 1849, and an old passport made ont ty our consul, Jobn Buthbert, wt Hambarg, Ap il, 1840, along with him. Thia letisr of tec: mmenéatina eoainics nothing further than the common formalities ia waich thore Irtters are generally written, aad could, tharefore, notin the least appear in any mancer like imp'ieating my. LU, io the mn esntime, Herwezh, }o whom it wes addressed, war an impleated man, this was cartainly no adair of mine Being asked when I intend to leave, T anawarad that this weuld take plaee the nex! moraing, but that I wished pera the py reiurned from the theatre, the waiter, to my Inquiry, answered, the police authority had sent word that Loould get posression of my papsrs the next morzing at the rati- road depct 1 thought of taking notice of this communt- which was sent me by the first best waiter as offi aod Cetermining for me, and in consequence I did not cepart State of New York Cityand County of New emaber, 1893 ) personally canis Wailace W. liame and Huge Mill« to me known to be the persous decribedia, and who sigved the foregoing pstiiou, and who being by we no severally sworn, did say, each for himself, that | be bad read the foregoing petition by him subseribed and knows the contenis thereof, and that th own knowle’ge, except as to those ma’ | ted to ba on in‘orma:ioa or belie’, and aa to | JAS HILLYER, Commissioner af New Fork, City and County of Naw York, 8 Willig Marcan being ct!y sworn, depo:eth that he is | patve ef the Sate of Massaynunsite, but for several years bas been on the Isthmus of Panams. Deponent saith that be knows Wallace W. W.liisms and Hugh Sfil- ler, o: the city of New York: that’he has rasd,theirmemo- rial to the Secrotary of State, and that be cas pevsonal bnowle ge of most of tha facts therein stated, more parti- | them of the property which Miller waa occupying. he snew of the occupation of the buildings py Wi ea store avd hotel; of therwle by the asi Williams to | WGovern apokearney and ngement mate by said ras the agent ot Wil Gye for a re deitrery of the | | proparty, sil of the fects reating to which, as net forth in | tue memorial are in sceortance with deponent’s recollse | tom of what ossured. Deponent was'in business pear by | | the stere and hotel wh'ch bad baen oe mpiet by Will ama; | that the negotiations between Milter and MeGovern ware | | partly in the presence of depovent, and thut he was ic- | forued by b srties at the tine cf the bargaia | th onect farther saita that the bargala | erateiy inace Tost ia deponent’s | opinion McGovern had a great advantage, rad 40 be ad. vined mim at the time. Thera was Lot the sligatest | ground tor any charge oes or improper conduct | | on the part nor was MoGovera at any t ma | Eiseatis ied in. Stiller took possesion an- 2 with MeGovera, and went on | wit a's business for several weeks, until i v hea the proceedings were taken 0: er waa rent to prison. csn Cem ul tock possession an Deporent taw the Jud | k ipto the prem the Consn! afairstces Depon-nt eaanot the value of the property: > | ment im the memorial is {the way wes fold out dy lim a4 his ofp proper hus been Aspin) y,aud the buildicg n dowa by him or bis agaat and inoved 09 . WM. Maggy Sworn vefore me this 10th day of Dacembar, 1853. TAOS B0USH, Commissioner of Deed | State of New York, City ard Coun'y of New York, s8.— | Lewis F Wilhams, of tbe city of New York, being culy wecrm, Cepeseth that he waa in Chagras, ia New Greaada, | in Jenuary, 1862; was dving besiness at a balid’ng a» ing the stwe which hai been occupied by Wallace W. iets, of this city. When depooeut arrived thera | Hugh Miller was in posses-ion of the balling in whica said Williams bad been doing business for a year or two | previous Itbad been occupied for a store and a hotel, Depocent wa acquainted with the said Williams: al-o with or fir said Willams Deponent knew James 0 fe! ly Kearney. The drs that witness heard of any difficulty was what Kearrey told witness, viz: that be had fixed | Miller. he was zoing to put bim \n the fort; the fort was | a place for contiring crimisala; the o ject for which he | as goirg to put Lim in prison was to get away the house. | je time after this Mr. Miler was imprisoned in the + United Siates Con. ul, Me. Gieason, touk pos- session of the p emises aat hoisted the Uaited States dag. Within a fey cays theresfer depoaemt saw a party of | a Ciera go to the Louse 00+ nt also went to the housa, avd saw what occurred; the Ju'ge vas with the soldiers, the orders; he ‘irected the soldiers to break open the coor, which thoy did, and thea thay sil waat ia aud put Kearcey in posssation; the Conan! all the whi protesting avelnat the proceedicgs. Kearney retsined poste’ aim aod went on selling out goods and effects um | Til be had dispesed of all, aud thea ha lef: fur Earopt Depoxeut furthe:raith that Mr. McGovera toos no part these preceecirga Deporent further saith thet he haa resd the appeased mémor-al of Wallace W. Willi Hugh Miler, and that the relations therein givea cf tae travsactiopa in question corrreprnd with depouent’s re- collectionr, and Le believes it to ba true in every particu- Jar. LEWIS F. WILLTAMS. Swoin before me, this 13th day of Dacember, 1353. J, Biuurer, Com. of Daeds. Stete of New York. City and Courty of New York, s.— Monsca b. Beacley, being duly aworo, si:h toat be las resicent of the city gf New York. is acquainted with Wallace W. Williams and Hugh Miller, of said city, and boew therm iu 151 and 1862 ix Chagres, whers they ware in busine:s. Depouent bas rew their memorial, to which this fesrnexed, that Cepenent has persons! knowledzo Of msvy of the facts therria sia ni that the state: ment of the case in the m mortal is true, accorting to éeponent’s recollection, ic ali particulars After the li precoment of Me Miler in the fort deponeat we yereonelly with the United States Consul, Mr, Gleeson, the Jadge, ard Cewance! the release of Me Muller. ‘Fis wes cased upou todo so lor the reasou the Consui’a li had been threatexed. The e were tea or twelve othera, who went bisa at h’s reqcest MONEON E. BRADLEY. Swern before me this 1th day of December, 1853 D. B. TayLox, Commistioner of Die! a ‘ole nf New City ard County of New York, % Pord, being Culy +worn, depo etn that he was January snd February, 1852 and hed kao jeteiled ia the annexed mem: al . Williams sud Hogh Miller; that bas read tho memorial, and believes taat the facts there in ers troly set forth | Deporent farther eaith, that 4a was informed by Kearney himeeif, the person re'e in the memoria! that ne bd pai¢ the J give bi p session of the property referred to in ¢ mene AD. FORD, Sworn Lefire me this 13th day of December, 181 dons J, Lartixe, Commissioner of De The urdersigned, residents of the city of well sequain'ed with Hugh Miller and Wallace W. Wil | linus whose pames are + gnedto the foregoing memorial: | Me. Miller was, fa the earlier part of huslife, eogazed ia bosiress in the cily of New York, where be has always tustaived sa oniz psachad goo’ naia for integrity sod exterpri Within thi st four or five years he has been com eeted with Mr Willisiss fn business on tha Isthmus cf Panama, where he bes spent most of the time, lwavtog bis family in @rook!yn vntt, bis return to New Yorit ta 1°52, sivoe which time he ba- remained there, Mr. Wil- list, the other wemovfalist, is also m resident and na‘lye ef New York, the con cf our fellow citizen Richard | 8 Willisms and is vediy beld In much smong cur citizens, We woult add our earmat request toat the memorial may be favorably consilered and speedily acied upon, both as an act of juatica to tha in- Jot porter, and elso for the benef of our citizens grverauy, who, in the pureuit of trade abroad, may te exposed to like insult and outrags. —([Siquatares.| 11 Treatment of American Citizens in Ger~ many. [From the St Louis Ioteiligoncer, Dee. 24.) Jo the spring of the present year, Sir, Cha; lon Muagge, scitizen f St Lou's, went to Europe He bore with bim not only eviences of bia citizemahip in the United Stat but other evidences of bis reepectability and truatworthi- ners, from & department of cur federalgovernment, Not- vy thetending all this, in the laoguage of our cotemporary, | the Anseiger— “He bay been nnreled around, perasonted, set up: co, tortured, and ill-treated, by the bambailills of the | German petty ecverstgrn an frmaaag and detec ruaton eb whew | fact, was the only competence to decide it. I hei'al ready previourly de patcae: @ short note to him, ing im to releave me from this uuplearant situation as the next x orning. ter the first train bad started, tue sour pclice «ficer of yesterday again appesred, for’ the purpore of inquirivg the cause of not leaving. I re- | pliea that I did not intend leaving bere until I uadeithor Tee@ivec Diy papers or & certificate of their seizure “Tas cilicer Geparied, and coon returned with thes declaration | that @ cerliteate would not be given, but the papers themeelves [ should receive from the Americas Uou- eul at Leipeis, A police seat accompauiad him, woe from that time never Ceparted frora my aide, sat bext to me ia the tad biaeelf ‘with bim co our eady pre vi wey gone there with iy papers. I aow, uoswith stand.bg my continual protests, to follow these pe xons in the police directory, although I drat wished to see my effects taken to & ho'-l,and atthe sama tima pacify my bunger, since it wasslreacy past now andl bad eaten a thing e nee mor. ivg. I mow had to «ait two hours atthe police cilice, It war an wate chamber, ia which wll kinde of racbia wera assembled, who were weiched until at Jest tue geatlewen officers made their Appearauce. The Girec'or of the police barit out in te COmTrest 6) pressions, wilh the accusation agaios® ms that my passport was forged, Ireplied thas be bineelf, ag wells the whole pelice boty, vas not capabla, inasmuca 8 noue of them was sufficiently master of the Bagiisa Japguage to jarge ofthis 1 derired that our consul bs be requested to give his opiniom to the matter, which, ia scon es posaible, However, they refured to send these certainly barmless, tutia my «itaation just.tiabdle lines, AN last fatter ao Lour, I was condueted to our consul by a pelicensa, There I beard that my passport had already previously been showa to that covsul Flasget had ackpov lecged it aa com, evuiue, ant had sddet, that the two ditferens Landwil:ings only proved that I yed the especial crntitence of the government at Washington, since ia my sbetnca on the makiog out of ng Up of the blaaks, the parsooal de left to wyself. He guaranteed deepest, for the identity of my persoa, tor my haraoter, and the motives for my appearance in Gerad sy. [le had nothing to add, eave the wisa Feuted with estaei in every reapect by the tiv d at the police cfice again, L referred to the cf cur Consul, ave deman vew imaay drives Iwas uaconsious of ce, to state to me the reason of all these pr sinst me, since | saw thatthay wei not yer iuslised putanendtothem. I then head, to my astonish. tpt tha’ in the above-meutionad letter of recoamen. Cation to Berwegh, I was deeigeated aa @ t-ustworthy (Bure the Lirector pointed to the passage vith his er. saying that "Ls was very suspicions) I couil ma lings uct refrain from a hearty levgb when he ssa this with such s consequential look, as thongh [ was a convict ed, Greadfnl State criminal But thii - not all, for he far- ther declared that he wanted to hava nothiag furtaer to ce with the matter; they bad oommenced it at Dres- dep, and there it must also be brought to a term’. nation, and, therefore, I must also be taken back there. I protested, with allthe means im my power, against thid—by the declaration ofour Consul, the matter 4a fully acquitted im my favor, that not evan the motest aceusation was brought egainst me, aad acl had nothing moré to doin Dresien, but in Leiosic, I iid aot isb to return there. Everything was in vain. [had to tarm to the railroad depot, esoorted by two policsmen, like wn actuel privoner, and take passage fur Drea ten, where I arrived again at 9 o’cluck in the evening. Wita- cut the insight of ths two subaltern officera of the police I wowld now, as a'l the offices were closed, have hed to rezoain in prison the whole night However. they prods Diy themselves felt the injust ca and brntality of the pro cee cing» against me, and conducted me to the private ra idence of the Director of thy Police there, who, recret tung what had cecurred, eet me at liberty, with the desta ration that my retura to Dresden had not been necessary atall The fol owing morniag my psaeport, wish the via for Lai jic, was banded to me, but mot the balance of my papers. Lrec'aimed them, but only reseived my old pa« portagan, but by no means the letter of rocommends dion fo question. Ber ides thia, I had yet to submit to—I could not rasist by force--being pat under the measure at tue police Cilice, sid like acangercus felon, having # aipute da rcuiption taken cf me, But still, this was not yst suii cient; the second part of this police “‘razzia”’ undertatiag egainst me I waa tw learn from my wife on my retura to Schwalbach. Nam-ly, ic the first conflict I had pad with © police of Dresdyn— as in Germany one ean veyer know how long sa affair cf this kind will lsst—I had, under tha ese of the polics commissioner, written a few liass to. my wire, carefully evading any intimation of the polise altuir, at, since my buviness might, perkaps, compel me to temain somewhat longer at Leipsic, my absence should not ciquiet ber. Thisiette I threw tato the pust oifics myself, on Tussday moroiog, August 9, betwaen ni and ten o'clock. According to the post office stamp, 2 not leave Dresden until the following day, Avgast 10, altborgh the transportation cf lvttera three or fourytimes every cay im that cireoti on, it takes place Where Lad rewaioed in tie meantine and who had re- ed it, i4 a question which the pollce authorities of Dresden cao, probsbly, best aparer, Arrived at Swalbach, I focud my wife in the greatest excitement; for on the previous day the polios oommissiozer had also fearched our Louse there, on whica ovcasion who lvarned tha [found myself in an investigation before tae pilice chor.ties at Dresden, and that be hed the mission from therg to icvest’gate all ouc effegts, and especialy our pa- pes Thia men foand himself incuced to take along & leter toafrierd of ming of the previous year, snd not by me, in which [had briedy stated thas’ Kosgath og lis stay in St. Leais, hed honored me with & He farther cox fiseated s no’e written wich a lead . upoa waich come incoherant, hastily me THE EXTRADITION CASE. United States Commissioner's Court, Before Jobn W. Nelson, Eq. DECISION OF THE UNITAD STATES COMMISSIONER COMMITTING THE PRISONER, NOTWITHSTANDING HIS DISCHARGE BY TRE STATE COUKT. Dre 20.—in the Matir of the Extradi ion of Alerander Heiltemn, Claimed as a Fugitive from Justice biy the Gowrn ment of Great Briain under the Trealy betwee thi Gover ment and the United Slates ratified August 22,1842. ‘The faots of this ca-eare briefly ax follows:—T'n9 prison er was in tne employ of ubas. Melatosh & Oo., London, his sole busivess being to collect outstanding book data, hbavirg no authority to endorse bills, or to eollect the sicovnt: due on them A bul ¢rawn upon the Bank of England, sud duly encores by the payer, and subsequent: ly endorsed pry able to the ordarof Chas Melatosh & Co., cawe ina letter addressed to the said firm The prisoner rurreptitiously cot porsers'on of the letter, opened it, and endorse the bill ‘Received for Chas Meln tosh & Co,’ simulating in the words ‘Chas McIntosh & Co,” the handwriting of cne of the members of the firm. He took it in this condition to the Bank, aud there, inthe presence of the clerk, for some resson not appeariog, he adced his own name to the endorsement which he had previovrly written; so that the endorsement as it now Stands reads as follows: — Recuived for Chas, Mofmtoch & Co , Alex. Hoilzoan, He obtained the mouey from the Bank, and imme? ii ly lett for this ooustry. The extradition of the priaoaer upon @ charge of forgery, claimed by the British govera rent uncer the above mentioned treaty ia resisted by hia counsel upen the following grounda, vis. :-— 1. That these is po formal complaint ucder oath charg: bich his extradition act of Congr require such complarnt, the Commissioner has no jaris- ya to act ia the absence of euch iaitiatory proceed- ings. That there is no evidence that the magistrate in Engleno, before whom the origival charge was mde, and ko ie#sued his warrant for the arrest of th id Hei - te, or, ifhe was, that he had juris te, and bed such juria- ¢lction, that Ube copies of the depositions taken before him have not been duly attested to be true copies, That co such evidence of criminality aa would j his appretension and commitment by the lawa of this State bas been given. 6, That the writing charged to be a forgery cannot be the subject of thetoffence, aa it merely purports on ics face that the prisoner received the money for anothar, sud tigned his own pame as the voucher forthe fact, aud did not attempt to counterfeit any one’s huadwriiing, or Bae off the endorsement as tbe act of any person dui him. relf. To'the firat objection, that there ia no formal complaint under oath chargirg the prisoner with the crime of forgery, I would reply— That s complint, in the technical sence ot the law, is unkxown in jadicial proceedings charg ing a person with a crims which aweunta to the dezrea of felo.y; that the term complaint oaly Applies to such wiror offenses aa @ justice of the peace, bas not merely jurisdiction to inquire into for the urpone of determining whether the accused shall ba *ld for trial, but of actually and flaally of determining his guil: or inmocense, aud Fentencing him to the ponal- ties impose: by Inw—such offepons, for instance, az bis aming, ke —offences which # jastice jurisdiction finally to hear and deter id which at KUaravterd to all persons a right of trial by their peers, Gr in other words, bya jury. This practica, however, havicg obtained, ana being cousidered in derogation of the common law’ the aalutery principies and prictices of the commen law were required to o¢ aduered toas close ly #3 posible, anda complaint analsgous toan indict wert particularly epectfying the olfence, was made necea sary, snd if the accused was coavicted, a formal record of conviction was required to be made up. Taave proceedings sre aApown in the Jaw by the name of summary convictions; and whau the term ‘complaiat”’ isusedim any technical rense Tapprenend that tt has referercs only to such proceedings, Oar Rsvised Statutes enart, that upoa *compisist’? beiag made the jastice sball pracerd te examine the complainant end hia wit- nerves; but neither in this countiy norin Eagland has it ever been the practice to draw up a formal complaint as bricg necessary tu confer jurisdiction upon the magistrate ‘to investigaioe the care, nur bavelever read or heard of such ® practice when the object is merely to iaquire whether a perron accused shall be committed for trial upor a charge of felony. ¥ 2—A corplaint, ia the technical sense of the term, although required ‘to be under cath, may be only oa in: formation and belief, the obj-ct ofa compisint, like that of an in ictmect, being only to inform the defendaat of what be ia accused, and to restrict the ev dence on the trial, and to presorive limits to the record of con- viction. The ect of Cocgress says that the ‘Commissioner shall bave authcrity upou complaint under oath,” &3, &e., to iseve bie warrant of arrest. but to say that the term “complaint” is ued inthe technical sen:# above eliuced to, and that the Commissioner sha)) have author- ity to issue his warrant upon any auch basia, would bs to say that the ‘reaty and act of Congrees were in violation of (hs ixth article of the amendmsnta io the cons itu- tien, vhich cecleres ‘that no warrant shallitae bat upon probable cause,” &o , Ks ; which has byen heid to mean {nc prevented to the magistrate evinciog probable cause or evidence of guilt. When the treaty and act of Congrevs sey that upon “compiaint’’ the Commissioner shai have “authority” to issue bis warrant of arrest, we otvegard thet: ‘ax meamng that the Ounwmirsioner sialibave ue authority upon a mere technical pisist, without any eifidavita cr depo-itiovs, but ws ueersrarily infer that by the term ‘complaiat” was m-aat ana included the affidavits aud depositions; or, in other worc#, that no such teshaical distinction as is contended for, between » complaint and the affidavits ad d: posi- tions, wasin the contemplation of the framers of the treaty and act of Congress. If it ia contended that the complaint under cath rust contain facts charging the party accured, and the proceeding in the case is not to be followed by apy record of conviction. then the distiaction between a iechnicsl complain sms siti tavity upon which A Wor ant ia iseued (anc it bas been held that a warrant may be feeu-d by one regtstrate upon aitidavits taken nefore snother,) is entirely frictered and amounts te puthivg. 5. The second rection of the act of Congres decliren “that in every case of complaints as aforesaid,” the copiss of the @epo-iticns taken in the foreign couatry, duly car- tified and atvested, may be received io evidence not only as a foundation for the warrants, but upon the hearing cf the case, clearly meaning that in every case of « complaint, ‘or in other worda, whanever @ com plaint is to te made, ths origiaal depositions +0 certified may pot only be used, but if they contan suill cient facts may be the sole founda'ioa of the werraat— evicently cont mplatiog and pr. viding against the coa tirgency and the difficulty of the parties competent to prove the necessary facts, being abseat ia tha foreign country, acd inteoded to obriate the necessity of their prerence, 4 But, admitting that = prelimiaary compiaint was necessary. { think such a one exists in this case. Toe «ficer of the Loadon police, aud the agent of the British government, before tha issuing of the warrant of arrest, made oath in writicg, that he wa: such ofliser, that Henry Moggrridge, the Beglish magistrate, alderaan of the city of Lonéoa anc s jastive of the peace, as such; that the Ceporitioes before the aaic intrate, and copies of which he then produced, hieb deporitions contained a spec fis charge of per jury egainet che.defendsnt,) were aworn to and sicued by the witnesses, &o. in hig presence; that ihe saic magia trate iesved to him his warren’ for the arrest of the reid Hrilbona, (which warrant he then produced and preved,) end that he waa ceputed to come to the United States to take measures for tue arrest of raid Heilbonn, and ther producing the requisition of tha Presisent, acd ‘Teroancing 8 warrant for hia arrest, constitute! a sufi cient complaint, if not in the techcical nense of ths aw relatirg to summary convictions, certialy withia the vords and the spirit of \he treaty and ac! of Congrass, ‘The ecconi ob om is that the @ is no evitence thet the person by whem the original deporitions were taxea ard the copiee ceriified, wax a magistrate havirg jurisdic ion, To ‘his it may be said, that upon this question tha Juegea in the Kain case were about eqaslly divided: acniehel irg that the repeated actirg of a psrsoa a3 girtrate waa evicence of nis authority, sad denying the preposition; but thore who held the nvgstive intimated that the claim by the Bridsh goverzinent end the tequisi:ion of the President would be ruffic ent guaranty of the authority and jurisdiction of the foreign mag‘strate,it is proved, in tats case, that Heary Moggeridge repeatedly acted asa Justica of the Peace, ard the frets therefors, as here presented, mest tho views of tue entire bench, in whichever axpest they are considered. The third objection is, that the depostions prooneod by the English officer were not duly attested by hima to be tvecepies. By this iv meant that he merely compaed the copies while another officer read the origigals; ant that +) ere iano proper evidence that he ever read the originals; tha: the compating acopy while another porion rend he ory ‘nals fa sufficient; (sea 1, Phi lio’s Evilencs, 335, nd notes); besides, the officer swearsthat ne veal tae originals, and I see mo reason to doubt’ thy truth of his rs < ot different cuntents, ivcomprahensible for evary- se, were written, Oa the f llowlag mrralng I repairee, fa compary with a witoers, to the polics ofice there, and irquired the reason of tha search that rad taken place durivg my ab ence, [ince I was not con- ven any cause for this, either by wo || elon. varved that thia bad take- plice at requisition of the Dreaven pelice I reclaimed iy 4, with the xemerk, that n> authority had the right od présome torod mecf my property, agl tast (twas oo peroou's affsic bere in Ciermany, if I, aes ef zen of the United $ wrote a few linok concernicg the tof a naa who war, perbapy, disagreeable in some parte of Europe He.e id Germany, the Hiyaans had bron flattered, bat we bad taven the liberty to glorif; the aut!podes of him, and Lis like, {io America “I was apsecred that, if possible, my demands eboull be com Drescen, were returned. ctived the two papers webs, I p an expression of my 1 culled Kossuth notes I replied, that I hear an avtval! or feigned expression of my wife’s made usec! bere; that J did porsoas ene Kossuth note aa are mem|ravce of this wan, who was all honoved sud great throvght ovr o’antry, bat that I could ia no wise be held few daya later [actually re. gain, After a lapse of raveral 2; wand asked if, aeordicg to ossernicn of so- astonished to d witb, in case thee papara which had been sent to | staten ent, The fou th ot jection 1 thers ia no sush evidenca of criminal ty 28 ths laws of this State require, the laws of this S ate tequisirg the oral examinatioa of the witaes es; ard that the act of Cosgress aathorising copies of the crposttion to de read io evicenee ia unsonstita ional acd void, This question was ratsed in the Kata cave, snd no Judge fntitneting a doubt abont it, end all notieg apon ‘he assvinption tbat the law was valid, Ido mot consider the conatitnticnality of the law a proper subject of dis custion before me. The fifth objection is that the writirg chargal to be a forgery des not amount to that effence. Tne alleged forged endora ment, ax it appeara upon the face of the bill of exchange, ins in the following worcs:— ‘Reseived for delntosh & Co —Alexander Heilboun.’’? This upon iis face it nua: be adrol ted is no forgery for it neither pur ports er pretends ty be any man’s act but that of the prioner, He thereby simply astumes aad represents him. self to have authority to receive this money fur Mess 4. Melntosh & Co, snl all that can be said of it is, that if the clerk of the Bavk of England chose to take the promises made fo: it, the loss must be attributed to the ereculity of the clerk, isstead of to any forgery com- mitte’ by the prisoner or ‘false appearence,” held out by the writing iteelf; and if thie were all that there was in 1h The objection of defendant's counsel would be sible as lenges Tcould not be accused and con- of the circulation of such notes, I dieuiased with the remark thac this was all they wished to know were tho particulars of the cage, for whicd | will answar ag «roan of honor, and for the complete trothfulaess of which [oa faraish all fuc- ther proofs, if necessary. INAUGURATION OF TOR GovERNOR OF ALABAMA, —Jibn Anthony Winston, the new Governor of Alabama, was inaugurated on Wednesday, the 2'st ast , with great Goverc or’ speech occupied only seventeen m'nates, Hi ie oppored to giving State ait to internal improveme: bt. while the State ia so largely io Apvance or Waces —We have a despatch trom Washirgton, ancouncing that the pay of the emplo; inthe be alvanwe, fa an C tle Tree nee e ’ but the Ceporitions state that the defeadent Wrough? lie bill to thy Bank of Cagland for pay ment, aod that the endcreement on it thon was timply, “ Recrivel for Oba, Meintorh & Co"? Chas, Melstoah & Oo, bring a simulation of the handwriting of one of the mem ers ofthe firm, and the nae of the prisoner was not added until after he arrived in the bank, when, for some roasoa not appearizg, he appended hia own uo in the ore sence of the clerk, J need not cite anthorities to thow that, in order to constitute che ciime of org, itis not necestary that the forged paper should be atiempted to be putoif, Now, the very moment that tha prisoner wrote the name of “Chas, Malatosh & Cy.,” ia imulaiion cf the Peramigiog of onevf tho members of the firm, with intent to defraud, the crime of forgery was committed anf complets; aud if he het nayer presented the bill ct the bank at all, be would be charg able with the crite: aud no eubseqvent ac: of his, either by altering, adcing toy or even certroying the evidence of bis criminality, could purge his offence, Tho foregoing med to roe co plein, apon getcral priact fe an antharite: set, before bat ' author Tid seeeoh for @ ay of Rex va. Arsoott, 6 C & P. 408—s oase in which afl facts precisely RE the prevent oase; and pte wy surprise lesrning that that caso was cited as Dire icit anthority a it _the propriety anal legelity of insuing the warrant—| will, there/ore, examino thet care at more length than I would otherwise have thougat necersary. The defeatant in that cass wrote on the beck of a bill of exch rge payable to K. Aickmat ceipt im the mame of Aici me, ia the rame man: defendant in this care wrote receipt in the nameof 4. Intech & Co., though it dees not appear tha’ law idalaied the hanowriting of Aickman; he presented it to the Genk of England for psy mart; but the clerk havieg ayme suspicions, objected to pay it, and he then atded to the reovipt “G. Arseott,”’ bis own pain, in the same wa: as the Cefenéent In this case aided hie name to tua origt- val reoript, wh ch he had writ'ea. The bill of exshaoge s Cescribec in the indictuent ax an order for tas pay- mentot money Now, every laeyer knows tha: isting. ticn between a dillot exchange in a legal and commercial renee of the term, anda mers order for the payment of woney; and the statutes o’ Great Britain upoo the sad- ject of forgery keep im view thet broad and well kuowa cistinetion, and they enact that an endorsemsat upon & bill of exchange ball be the anbdject of w forgery; but they do rot enact that an endorsement upon ad orler for the payment of woney shall ba so, bit mercly make the forging of the order itself the subject of that crime The pleadsr who drew up the ia- Gietment im this :ase, erronsously describel the Dill cf exchange as for the payment o’ mony, 4 the Court held--and, no doubt, corractly--ticat, forging am endorsement upon an order for the p: it of money was vot within the statute; second, that coule not be chirged with fo ging tae receipt, de- ruse he merely assumed to receive the money for anoth- er aud signed bis own mame; but it?was argael by both the judges that if the indictment tad bewn for forging aa endorement upon a dill of exchange “it would bave met the facts of the case,” and “there would hava beam. no éiffeulty ” The p-isope e:caped throwgh a mis’: of the pleader; but the jucges nost emphatically claved that if the docurent had been Cescribed aaa bill of excbarge there wold have been no question about tt. T issued my warrant ajon the assumption that if ever am indictment was found upon this bill of exshangemont, the pleader would not make such another mistake a2 that in Rex ve, Arscott. This case though not an absolute bey aarti seems to embody the following two pic po- si tons 1. Tbat the forging of the receipt in the name of Aiske . eouls not be forged by the prisoner audsequently ding bis own rame That the writirg of the receipt on the back of the bet in the name of the payer, was an sadorsemeat of the And there seems to be no doubt that if, in point of fact, that member of the firm of Molntosh & Co, whove kasd writing is simulsted, had written thy éndorse- ment aa originally fcrged by thedefen tant and had prage@ off the bill, the firm would be chargeable as endorsers; | but whether it bea receipt or an endo:rement doe not | afect the criminality of the defendant; ag a reoe'pt it « would be evidence agaiost the firn, if it was a saflisiestly chilful imita‘ion to deceive, and is therefore the eabj-at of 8 forgery. I will refer to ona other care pertinent to the que:tion—Taylor's oar, (Ruseel on Crimes and Miede- meanor’s, vol 2, 333 ) Hooper drew a bill on Cuil, payable to his own or‘er, and endorsed it in blank and delivered te « to Sutton, from whom the defendant o tained it by um- due meana, snd present ited to Cull for pay: Cut wanted & receipt on the bil, which defedant gavoin the = ficti'fous nave of Wilroa, as follows :— "Received, W. W, Wilton.” It waa objected by defendant's counsal—s _ Ist, that it was no forgwy, sot being iu the name of an- other; 28, that no receiot was necessary, nor was he comuel able to give oae, the possession o: the bill being a sufficient acquittance; Sd that it was only a rageipt as against the man who cave it, and that he would rquaily estopped by water namo be gaveit, Vlevam of the twelve Judges held it forgery. If the signing » re- ce'pton the back of w tillia a Gctitious mane isa for. | gery, there cau ba no doubt that signing auch receipt ia the name of the party actually enlitlod to ihe money, and simulating his handwriting, would also be a forgory. Ihave thua examined sil the materia) objections of the deferdant’s counsel The question cf frautuleat iaterast and the identity of the prirocer had not been and sould not be the subject of controversy. I shall therefore commit the prisoner, in pursuance ef the treaty and ast of Con- gress; and will opty add. that while this government will watch with, jeslous visilence to see tha: this treaty be perverted to no improper purposes, it will fai@hialy exe- ns by the extradition of every psrsoa ho the naked character of a fugitive from that ustice which this country and fegland mutually recog- nize, as well as every other civilized nation. the House of Repre- jeontatives, TO THE BDITORS OF THE ST. LOVIa DEMOCRAT. The fcllowivg been shown msiae paper of your . by Mr. Chamberae ns? city—the ene pn Col. Benton did Me suscced in keeping she seat whisl had selected ‘n the souse, sud marked with his nam: was thrown into hotch pot with the others, and was taken w by some member who had ths good f-rtune to be called de- fore Mr. B, Thus carly the veteran statesman is taught we difference between a sont ip the Mouse aad one is tha Seasse, It is about cight years since Mr. Benton, on bei toa new member ol the Hon ir, years past astting toot witiia the w He vse is uo respector cf Col, Benton’s Se: inteodused sive remarg vo tod my Cortaialy the thing that appears in that paper in convection with my ame? If +0, let it be known that every word in thia paragraph is false! Ixever rolected a seat in the House ua my name was called—never marked my Dame upd Obe— never wis in the Houe Curing the wrols vacation, antil after it met on Monday—cid not know Mr, Ad una’ Syat—— would rot bave bad the presumption to have taken it if cie—dou’t koow who hay it. [nave the seat of Mr, | Solleré, of Maryland, he baving most politely pressed me *o take it because it was preferable to the one I to 3o mrcb for the seat. Now for the “self-resprc:,”’ and nob etting foot in the House. It is of a piece with the othr 14088, Now, is it peceseary for ine to contradist Hier—equally false, low-flung, va'gr, and malision Yours, &, THIMAS H. BENTON, | Our Florida Correspondence. Kuy West, Dec, 23, 1853, The Emigrotion of the Indians. The echconer Charla and Edward, Piler, arrived ‘4th inet. frox Miami, with the overland mails from St. Augustine and Indian River. Capt. P. reports the pre- sence of a peaceful hand of Seminoles at Miami river, where they are engeged making compl or atrowraoty end taking fish and turtle and hupting bear and deer, Anolé man, the head of the c’mpany, bay tad a loag talk with rome of the settlers. He deglsres that proportion of the tribe are willing to t ctfered by Capt. Carey in good faith, and will receive it tm the opring and emigrate to the West. Fires. On the 76th inxt. three ditfevent Aras ocourrad in Buf= falo, The first two were on Genesee atrest, where twa buildings, one of which Was a brick dwelling, were par- tisliy destroyed The last fie which occurred sboat 6 o'clock, originated in the boarding house kept by Mr. Gavip, opposite the depot of the Cevtral railroad, by vbich, we are pained to tay, an infant child of the pro- prittor wee burned to Ceath. Mrs. Gavin was ocaupied with preparations for supper, and had lft the child om the bed up stairs, a candie being in tha room. A short time after e] & servant tothe room to eee if eit vasright, andit t@ supposed that when she shat the ~ oor vpon her return to the kitezen the ¢rapery of the bed was fanced into the caaéle and took five. The slarma was given soon a‘ter, When Mra. Gavin heard the ala sbe attempted to reech the bedroom, but was praver by *£e Insge crowd 6f men who were enisavoring to drag > cut their truke. Before any parson oould ascend, the Tcom was one mass of flames, avd the littie ons had per. isted. The upper part cf the house was entirely de- strosed, ‘The building belonged to the Wadsworth estate, We learn from the Worcester Transcript that the onbt pet marnfactory of Mr Ezra P. Wright, in the rear of Paine’a block, in that city. was burned on the 27th inst, denide# about $800 worth of tola and a larga quantity of cabinet work partly fimshed, ard aito from $700 to $800 vorth of lumter, which had j patinto the ower story. The loca is estimated at ‘rym $2 500 to $3,000, Tnsurscee was effected on the buildiog on the day pre- vious to the fire, : The livery stable attached to the Da Witt Have at Lewiston was ed by tire on the 2d inst , together * with nice valuable horaes, ton tons of hivy, earrisgs, &e. The stable was ihe property of the Lewi-ton Water Power Co, and it ix under-tood to have besa inaured partially, A Mr. Giles, the stable-keepar, is the principal lower, A fire cecurred in Boston on the 26th inst. in a woodem | buildirg, occupies by Lr. D, T, Lindo for the mauufastare of varnirb, It originated from alighted match thrown by a boy into acme varnish, which instant'y ignivel. Am unsuceesful attempt was made to «mother tae flames with s blarket, but they spread with great rapility, amd tefore they mee extinguivhed the bu'lling waa Dadly Camaged and its contents mostly destroyed. Tho loss to Dr. Lindo is about $8,000. A portion of the waddiog factery of Messrs. Stearns and Foster, at Cincinnati, was cestroyed by fire on ths 234 inst, ‘Lors $8,600, part of which is insured ia the Mutual Company of Ulean, N.Y, A dwelling house at Clarmost, ten miles from Jor: City ferry, delorging to Mr. E ©. Bramhall, was destroys vy fie on the 24th inst, Lose aboat $2,500. The cotton fectery of D. &I. Daniele, at Northfield, N. HL, was wholly dentroyed by fire on the'afteraoon of the» | oath inst, It was insured for $9,500, The fire caught im he pickyr rom, The button factory of tho Pomeroy Maaufasturiag Com- pary, at Wallingford, Conn. waa destrnyed by fire on the | 27th inet Loss from $6,000 to $7,000, insurance $4,090, A Gre occurred at Shreveport, La, on the lth inst., ' burning the warehouses of Mesers, Oglorby & Griswold, ond Letwcen seven and eight thousand bales of oottom were consnmed, On the 73d inst. the Carter Bloc’, at Lansiog, Miou. owned by Mra. Pascom, aad a buile ng adjoining, owned by 0. C. Marlicg, were destroyed by Bre, Loss estimated at $4,(00 The waste houre helorging to Slater's factory, at Jowett j City, Conn, wan dente y fre on Saturday morni ie ee care of spontaneous combustion, it ia aup- ~ red. 3 ‘The Milwaukie Academy, at Milwaukie, Wit, waa de siroyed by fire on the 2ist inst, The proceeca_of one night's performance at ths Na- ticeal theatre, Borton, are to bo qiven to aid in the ereas tion of a monvment to Mre, Barratt. A piece founded on 8 favorite aubjsct of the Pariaiana, agamin with ® heart full of beoevelsnce and harmless misebirf, has been again introducedina new sud pleasit version at the Variaties, for the debut of Malla, Dejazat a tbat howe. This pieco is ertitied “Lea Trois Gamiaa,’? and isiather epmmonplace; but the excollert acting of Malle. Dejozat reodera it highty attractive. Thaloerg io row in Paris, eogaged entirely in the oom~ ped of a new opera, Gesticed for the Court opera ia Vienna. At the Italian Opera, Paris, on tha 6th, the onere of ‘Romeo et Giulietta’ was preduead, for the debut of Vale, de Petrowiteh Walter, who takes the part of Romeo, and who, besides ber bigh lineage, which exciton ntereat, (being the gracd.Caughter of Prince Alexaader y Potrowitch, at one time Howprder of Wallachia ) Toy | \ rerved of great talents, which have already establ) atCivarpolaaa ay of American selebrity.” Sh sams here ad ay ating astresa from the Beg ish theatres’? a ¥ Daveorost ty atl playing ab tha Oty &