The New York Herald Newspaper, January 13, 1854, Page 2

THE CLAYTON-BULWER TREATY. ©orrespondence of Messrs. Crampton and Marcy and Lord Clarend MB, CKAXTTON TO MR. MAROY, Wasmnctox, Dee. 16, 1853 Sir—With reference to our coaversation of yesterday, fu regarc to the construction of the Ist article of the Freaty signed at Warhington on the 19th April, 1859, I Yeeg to state, in reply to the (nquiry you then made of me, hat I feel no objection to placing ‘at your disposal the Gopy of the opinion of the Queen's Acvoca‘e, on this sab ject, drawn up by him for the information of Her @a Jest; 's government, and which, at your request, I com- BauLleated to you, unofficially, in the course of # conver- sation which 1 had the honor of holding with jou on the @ame subject. in the month of May last. L would remark that I was not instructed by Her Ma- Sjoety’s government to make any official representation t> ‘ahe government of the United States with respect to the dn‘erpretation given to the Ist article of the treaty by Mt. Clayton, ia the Senate of the U 2 States: the cor- rec'ness of Which, in# me respect, is combated by the “Sueen’s advocate. As the Queen's Advocate’s opicion, veever, constitutes a clear ftatement of the construc tnoftbe article in qasstion, held by Her Majesty's vernment fo be sonnd in international law, I can por po good reason for withholding it fromthe official edge of the government of the Uuited States. avail myeel! of this occasion to renew to you, sir, the earence of my highest consideration. (Signed) JOAN F, CRAMPTON LOKD CLARENDON TO MR. CRAMPTON. Formn Orvice, April 29, 1853, Sig— Ihave reseived and Isid before the Queen your Gsspatoh No. —, in which you dessribe the oosurrences which had taken place at Greytown in the month of Feb- ruary, and in which the commander of the United States ship-of-war Cyane bad taken # conspicuous pert, These Occurrences, like all the recent proceedings connected with Greytown, and the settlement of the Csutral Americaa question, are of a complicated and not very iatelligible @ature. ‘It ia unmecersary that I should at the present @ioment enter into a consideration of their details It ‘Will be sufficient to say that her Majesty’s goverament deeply regret what has happened at Greytown, as tend. ng to complicate still further gation already suffl- Civatly embarrscsivg and dificult of solution rer question ole in Jaw tho retention of the pos nas by the Accessory Transit Com- it is to be regrocted that the town ytown should have proceeded t) acta of ie ejection sgaiost that company; and on the other however jnstilable iay have been the in'erpodtion ae commander of the (vane to prevent acts of violence against the compary, her Majesty's government cannot Du: consider that that off @t cast, bare the town council cf Dir pro. eedtpgs, under paia of compelling him to do s0, were they persisted! erfere vy force of arm» in pro- ect on of the company until the question of lawful or nn- Iavto! crupansy sbould have been f-irly decided. Her ‘Maj-sty’s government have no douyt that Capt. H lins @ctrd with perfect honesty of intention and to the best of this ja'gment, fnas tuationof much diffivulty; but they consid-r that in landing an armed force, and taking ac- wal possession of territory. if not demons:rably belonging to, at least claimed with very appearance of right by the de facto councti of Greytown, many members of which ‘were United States citizens, he acted in ® manner not ‘warranted by his instructions, Certain, at all events, it fis, that if the commander of an English ship of war had acted in similar eircur-tacces like the Ualted States commander, but one voice of con temnation of such @ pro- Seed ng would have resounded from one end of the United Btates vo another. I bave but little doubt that before the despaten can Resch you, you wilbsve expressed aa opinioa in this @eose to the United State: gevernmeat. If you rhoald mot, hiwever, have dove ac, I desire that you will forth- with, in tempera'e ters, make known the feelings and view: of ber Msj+sty’s goverament to the United States Seoreiary of State; out in doing so you will be carefal to @ay that, under che peculiar circumstances in which Capt. Hollins was placed, her Majesty's government are wot dirposed to condemn bis coadust. Taey merely wish to e» press their regres that he should have thought it Mecravaiy to put his merwnres of coersion against the Coustituied authorities of Greytown, to the extent to Which be carried them And they farther wish that Stringent instructions should be issue! to the Uaited States osval commencere cn that station to abstain Sarefully and coast: from as:s of force which may ity or the ds /ucto governmeat of Greytown, which has been temporarily establiaued by the mutual consent, anc under the protection of the go- band the United Sta ment more expecially cosira to in the most earnest manner, on the part of the ‘ates, the psraconnt importance of fizally set fous question of the fatura position of wn, the Mosquito hingdom, and Central Amerioa genersily, @ question freugtt with embarrassment and @ven danger, waich cannot fall t> increase daily, 20 long as the points at issue reaain in abeyance. We have already ‘@ the iairest proposals to the United States government for the settlement of this im- eriaot matter, and we are prepared to carry out those ropesala in perfect sincerity of purpose, whenever the Brea tates goveroment may think proper to enter upon be settlement with ua. We the more especially desire Khat theee negotiations should not be delayed, because we bave of late but toociearly seen how completely the qaestion at issue, and the intentions of in, way be misunderstoo and misrepresented fn the United States, until the matter be floally disposed of by # canvention or formal agreement bstween Great Bittain eod the United States, in concert, if practi able, with the Central American States more near Jy concerned in thy question; bat if aot practical Without such coucert. Great Britain must necassariy Fetain the possersion whieh abe has always held with re Mosquito, abd which the convention of 1860 was ted and intended, when prac ivally esrriad out, to , but which, ite provisions have not bean @arrict out, it has not as yet altered. Great Britain must also contivas under opditions, to assert the title of Mosquito to th: have always Deen claimeo by that territory; ard ino asmertiog those Doundarier, Geeat Britein mani still repel apy aggrsasiva 1 b ec by Nicara gua, Honduras, or any But #0 far from below this attitade of protector, He fously wishes to be relieved from go irksome and mbar Fersirg a position by an honorable ast of settlement, which «bali dispose of the question forever, You will read thir ceapatch to the United States Secre tary of State, or to the nt, if desired; and you will urge the President and the Secretary of State, to lose no time in meeting our views for finally disposing of a ques tion which, if euffered to remain open, cannot fail to be | prodactire of eerionr camage to both coun'ries. Lam &., CLARENDON, ME. MARCY TO MR. INGERSOLL. DaraRTMayt OF STATE, r Wasittxuron Juve 9, 1853. f Sie—Some cays eines, Mr. Jes'y's minister, read to mee despatch of the 29 ‘April iaet addressed to him by Lord Clarendor, he tary of State fcr Foreign aifairs, ces in March Isst at San Ji deepateh ) Having after h of Ma- patoh, the Presi ent Views which it presents. He does pot discover, in these Occurrences, and if ful'y known to her Majesty's govera- ment, he presumes it would not discover, anything that would give rike to the spprebecsion of Lord Clarendon, tbat they had a terdeney “to compileste, still farther, a ques'jon already sufficiently embarrassing and diticult of polation’’—the Central American question, The Presi ent bas not reen anything to disapprove in the proceed. ings of Capt. Hollins on the occasion referred to, ie bas instructed me to communicate his views to you ‘On that subject, in or¢er that they may be preseated to | her Majesty's government; and be is quite confident that the transac ion at S.n Juan, when all the facte in relation itare hnown, will sppear in a light very different from at in whtoh it bas been viewed by Lord Clarendon. ‘There is probably some cifference of opinion between Ye two govermeats as 'o the right of the Accessory Jranait Company to retain pessession of the Punta Arenas ‘ast the people of San Jaan. The dwellers at that wore not, when there occurrences happened, and, the Presicert believes, never were, io actual possession Punta Arenas; nor, aa the case ix understood here, have Bey any titie to itcr any right to dieturb that company pry ‘the occupancy thoract. I¢ this point of land ix within the territorial limits of Nicaragas, as that repubke claims it to be, the right of the Accessory Transit Company cau hardly be drawa in question. It is derived from an express grant in their Charter from the government of Nicarsgua I, on the other band, itis within the territorial limits of Coste Rica, os that State a-serts, the company can retain their ion a# against the people of San Juaa, who do fot pretend to hold the towa of Sea Jana or any other , gtkat or permission, from the government of ta Kica. The United States cannot recognises a+ valid any title ge. up by the people o Sen Juan derived from the Mos quite Indians [t conoeces to this tribe of Indians only & poseensory right—a right to ccoupy and use for them gelven the coantry in their possession, but not the right of govereignty or emioen! deminien over it 1 sot £Ow made known for the first time to Her Me - *y’e goveromen: that the United Stetes denies that i Totians hare any sovereigoty over country \hey Oeoupy; but government does not make—nor does it per- ©elve auy good reas for mal \ntlaction be Sween this tribe of savages and ¢ who occupy parts of ‘on: territories or of the territories of the Br io North America Lam aware that Her M ercment regard the Mosquito eave to the rule genersliy ected on by itself as well as Other nations, but in this claim the Uuited States has ne: ‘Ver ncquierced, It ia not proposed, on this oscasion, to Gixcurs thin question, fer, however cecited, 1t cannot ehanze the aspect of the transaction alludes to. It isnot probable that any attempt will be made to claim for the ‘poopie of San Juan any anthority over Punta Arenas, de- Fives from the Moe jnito I; dians, even if it were possible fo invest them with rovereign authority over the countr: ‘they have occupies. Punta Arenas, it will be recollected, ison the southere bink of the river Sao Juan. At the mame time when the Accessory Transi! Company took porreotion Of it, there was scarcely a foreshadowing of & ‘pretension to claim for these Indians any tersitory whi @ver on the south vide of that river With aach a title, and sctual posession uniter it, by the Accessory Transit Company, the extraordinary procesd- ings cf the people at San Jaac to cestroy the company's Pp at Ponla Arepas, eeem to me to deserve no @ounlenance from apy quarter; nor does the assistanse reodered to the company, (being com sored of citizens of fhe United States) by the commasdiag officer of one of Pur cational vee merit reboke or requtre justification. T em quite sure that Her Majesty's Secretary of state Poul! wot have somwented as he bas upon the transas Bron, if ali the facts bad been knowsto him. The maio, | Kf oot the only, ground or cbjection presented by hor ajeaty’s goveromect to the condact of the commacier the Cyane is mot, as 1 understan! the despateh of vet Ciateodon thet Capt. Hollins tz terpowd and prevent €4 acts of viclence from being perpetrated againrt the oe mpery, ‘ Dut that he did not, fa the Grst instance at Ieaet,'’ confine tha’ faterposition to warning to the Towa Coopcil of Greytowy to Ceaist from these foreible pro ereliogs under pein of compelling bim, if they were per @ix wd in, to interpore, by fores o , in protection of th company, until we awfal or unlawful uld bay + po euch warning was are to be the enly manéer of the Cyane. Thin ground is oxtire! by the facts of the case Tne Sdggested, was given to the Town Council of San Ji over and over again. of San Juan Captain Helitns heari commit that act of violence, sent Neutenas t, of San Joan tion to destroy the property at Punta Arenas, into effest, beshould resist them by force. Lieut Green gave tl warping Clarendon suggests as proper to bo doze prior to our al- lovable interposition by an armed force, but Captaia Hol- steps went ouch further, In the mora- which the attempt was made to the property at Punta Arenas by the psople of San to heed thin warping and desist, but were preparing to execute lips’ precaution ing of the Cer Juan, me day 01 ing informed that they did not inten’ the threatened outrage.’ He went hiaself on the shore, and in person, to the Common Council, then in session, and notified them ‘that he ehoald be compelled to put a step to any depredations they might attempt arg oe apt. Hol- Mins’ efforta to prevent the violent procesding+ cid not cease with this twice repeated ‘ warniag,’’ but after his prc perty of the Accessory Transit Company.”” re\urn on board of the Cyane, showed a written warni he acdresved to the Mayor of that place, of whirh the fol- lowing is @ ocrrect copy :— nirep Starrs Srp CYANE Harbor of San Juan del Norte, or Groytown, March 11, 1853. Sim—After the interview I had with your “Honor” this mornirg, before your honorable Council sgreabled. { have te most respectfully that 1 cannot pormit any deproda- tions on the property of the Accessory Transit Company, + hoee dopot is located upon tvo Fun t the entrance of this harbor. 34 servant, 1 am, very reapeo\fally, your ove GBY. N, HOLLINS, Com’r. U. 8. 8. Cyane. These facts, when brought to its notice, must, ae the President believer, convince her Mejesty’e goverament that there is no cause for taking the exoaption which it bas taken to Captain Holiins’ conduct at San Juen, in March last; they must remove from Lord Clsrendon’s mind all feelings of t acd all apprehension that the ocourrences to which he refers will in any way compli- cate “the already sufficiently embarrassing and difficult question’? between the two governments in regard to Central America. The President considers it to have been the unquestioa »be duty of the commander of the Crane to aiforo the ‘rotection he did to the Accessory Transit Compa: gainet the threatened outro ga of the people of San Juan; ord be cannot direover arythieg ia the manner of per torming the duty to which any exception onghi to be taken. If there be arything in the trantestion at San Juan at that time to be regretted, it is the course which the com- mv-néer of the British steamer (uiser bar seen fit to pursue in regard to the me vement of the populace at that place @ short time previous to that of the 11th March, sgainst the servants and property of 11a Asceszory Traa- sit Company on Punta Arenas, On the evening provious to the day when an attack was made by « party from San Juan, the captain of the Guiser waa at anchor in the har- bor and was notified by the company's agent of the inten! +d attack next day on the property of that compyny, at Punta Arecas, but instead of interponing to present the meditated destruction of it, or to ciassuads the reck- less ren engaged in that proj'ct fiom an sct so out- rageous, and so Iibely to lead to violezce and civil con- fuston, he departed temporarily from the port, leaving the rervants and property of the company at the mercy of the tants It is reasonable to conclude that if the land offices of that officer had been rigorouely inter- pore’, and his departure from the port at that crisis had not given some Petanand to the Inference, doubtless unfelt towards Captain Wilson—that he did not disap- prove of the movement,no force would have been required to prorent cificulties atgthat or aay anbsequont period. ‘tis proper to say, in conelasion, that the Prestdent doer not authorise me to say, in reply tothe dospatch of her Britarric Majesty's principal Secretary of S'ate. for Foreign Affaire, anything which may be construed into & recogpition on hit part ef the claim svt up by the pso ple of San Juan to sovereign authority in themselves over any territory whatever, or to any munieipsl or corporate power or political orgavization, derogating to the sov- ercign rights of either,Nicaisgas or Costa Rica. Nor does be regard avy instructions heretofore irsaed from this or the Navy Department to our naval oMicers for the rsoog nition of an anthority for mere purposes of preserving the public preoe aud punishing wrong dosra by the sromnicus rattlement of San Jaap, as ranctionizg the pieteprions of the people of that placa to be considered a de facto government independent of the State within the | territory of which the town of San Jaan is situate. amspton, her Beitannis Ma- | In order to appriay Her Majeaty’s gorernment viewk of ihe Yresident in rei Sen Juan ia March last, you will read this deepsten to the Secretary of State for’Foreiza Affairs, and also for bivh bim with a copy cf it, if » copy should be req rested, WL Makoy LORD CLARENDON TO MR. © PTON. PormiGy Orricg, July 22, 1853 Sin—I treramit to you herewith the copy of a despatch addreseed by the U.S. Secretary of State to the U.S. Minister in this country, which, by the direction of hts government, the latter gentleman bas put iato my hands. That despatch has reference to the recent o:currences at Greytown ana Punta Areoas, and tothe conduct of Uapt. Holling, the commander of the U.S. ship Cyaae, on that cecasion. The tone of that despatch if not hostile, is certainly not guch as Her M:jesty’s government had hoped for from the United States government after the many feir aad friendly eff-rte, which, at some sacridos of feeling with respect to the Morquito country, they have, for some time past, made witn the United’ States government, ia order to bring about, in coacert with them, a mutually advartagrous and equitable settlement of the affairs ia Central America more erpecially in referetoe to Grey town ard the Mosquito coun‘ry. In justifying the conduct of Capt. Hollins ia ths dis- pute which occurred in the month of February last >o- tween the Accessory Transit Company aud the d+ facie gc vernment of Greytown, the United Scatas Secretary of State applies the wor rebuke to the representation which in my derath No, Z1, of the 29th of April last, I directed you to wake on the part of her Maj-sty’s government to the government of the United States, on the subjsat of the procrwcings cf that ofier, But I neither rebaked ner wi-hed a sebube upon Capt. Hollius, I merely pointed outin temperate language the erroneous postion ia which, in my view of the watter, that oilicer hat placed himvl!, and ia or¢ er to avoid all danger of fature misanderstan | ing, I requested that gent instructions might be ova veyed to the United States commanders on that station, for the gu'cance of their conduct on ritilar oenasions. in ifferent from that pursued by Capt Hollias. Tast was grounded on the iastructions which were fur- nished in the epring of ’63, by the B itieh aad Uaited States governments to their respective naval command- | ers in Central America directing them to support in corjanstion, acd pending nesotiations for the settl+ Greytown, om the cther side of the river San Jaan; and on tho written request of the Accessory Tiansit Company, da‘ed Jnne 11, 1561, to the effect that the company de sired ibe use of a portion of the land on the other side of the barbor, rear I e¢ Arenas, measuring 200 feet to west, and 400 feet north to south, the government of Greytown had ceded that portion o! land to the company sta noimive! rent, uotil the laud in question might be uired for purposes of the Mosquito government, Taia eement, taerefore, clearly shows that the Acsessory Trapait Company considered the land 12 q testion as de- pendent on Greytown, aud they were bound to evacaate it whenever required by the governwent of Greytown. ‘They were so required in Febraary last, and refased, and the United States ecmmander not only supporte? them in their refural, bat Ianded an armai force to protect them against the enthorities of Greytown. It was this act that Her Majesty's government sonsidered as opposed to the mutue! instruc ions, and the uaderstanding en- tered into in 1552 between the governments of dreat jiain and the United Siates, and they instructed you accordingly to make s representation against it, and to request that further instructions might be eent out to prevent the recurrence of such proceedings. Her Majesty's gorersment fully a¢mit thatthe conduct +f the government of heh nd in the violent messnres whieh they took for forcibly ejecting the Accessory Tran- sit Comsany from Punta Arenas, was injaticous and in- temperate; and they have ma‘e known that opinion to these authorities Bat that conduct does not. in the ment of her Majesty’s government, justify the strong ares of ccercion adopted by Captain Hollins agsinst the Greytown government. In fact, nothing eeuld, ia the opinion of ber Majesty's governmert, warrant ei:her a United St or « British officer, uader the ma tual instructicna in Jandirg armed men from thei: ships at Punta Arepas for the protectin of the Accessory Transit Company against the enforcement of the terms of a written sgreement by the de fazo goverument of Greytown, with which the agreemest had been volunte- rily made. It was competent for the United States commander {o use the most atgent means of persuasion with the government ef Greytown to Induce them to de- sist from their ill judged couree of violence, bat not to employ an armed { rze for that purpose. Mr. Maroy observes that if, as Nicsraguaasserts, Panta Arevas is within the territorial limits of Nicaragus, the right of the Accersory Transit Company can hardy be drawa in question, beewuse they held their charter the government of Nicaragua. But the fact of the oom- pavy having rented Punta Areras, as above deroribee, from Greytown, by a voluntary w itten ed.cn their owa application, sete this queetion at ree: for having ackcowledged tke right of Greytown, and held unler tha! sekvowledgaent, the compsny csnnot now ? move sround and acknowledge ths oppotite right of Nise- which the United States Secret it expedient to employ in his Mosquito country and cf Nicaragua, Hi erpmrnt were nécersarily conactous of the light in which the government of the United States had always, and, it mitted, consistently viewed the Mosquito cmatry. Bu‘ the United ates government were equally cognizant of the long Ftanding relations of Great Britein with that ceuntry, avd of the moral imposibility of her abazdoning that conntry and ite ruler, after ages of protection afor’ed to ‘them, without making such terms in their favor as ahculd be consistent with their own fair claims, svc with the dignity and honor of the British crown. oder this well known ¢ifference of views, it wore the more to be desired that both governments should seda Jonsly abstain from all language calculated to bring that cillerence more prominently int) view; and that they should, on the contrary, emp'oy their bes: efforts to throw that difference into the shade, and to settle the qnesticn at issue in manner equally beneficial and cre- citable to beth } have already stated, in my despatch No, 26, of the 27th May that until the general Cantial American qui tion shall have been finally determined, Her Majesty's government must regard the territorial rights of Mosquito, including Greytown, (saving the d+ facto arrange: tered into with to the latter,) fa the ri which they have s been regarded by Gre an that Hor Majesty's government cannot reoogalse any pre‘ension on the part of Nicaragua or of Hoadaras, to any part of that territory. They oust, on the contrary, cor tinue to resist ary such pretension. In repeating this ce aration, however, Her Mejesty’s government again, an’ in the moet cordial manrer, tavite the Unite! States goverpment to join with them in devising and carrying op tuch a arrangement with regard to the Mosqaito country and Central Amer.ca geceraliy, as shall both tend to remove any charce of fature misun lerstanding bet rsen two greaterd kiodre! sountrt: nd chall also affurd a better prospect than of political and ¢ waruing 1 tbe tal extonk The day before that fixed on for the Gemoliti n of the buildings on Punta Arenas by ths people of their intention to 00, P. Green, his first on shore, with direetions to inform the people that if they attem pt xd to carry their resola- the Mayor ard Commor Council in session, at tneir Council Chamber. He ia fact, did all that Lord Self Portraits of the American Newspaper Press—B:utality of the New York Press. [From the New York Express, Jan 10.) THE CIRCULATION OF NEW YORK NEWSPAPERS. The Hanaip signalizes the returo home of its proprie tor by a renewed attack upon the buriaees of his contem poraries; ard in conres of misrepresenta- tion of their circulation he put: e Expvess daily circulation st 2600! Nobody knows better than he that wr print after 4 P. M., even ia the third edition of the Eognest only, more papers than that, exclusive of ali our earlier editions, morning and evening; and we have but litle Coubt that the Zzpress’ circulation, morning and evening, is larger than hisown. At any rate, the bona Jice regular circulation of the Ezpress, on the day he speake of, without any bumbugyiog or fraud oontriving such as it is easy to form in a newspapsr office to pro duce any particular effect, was over 10,000; and we have no ices that the Herarp, in good faith, can shew as clear, certain, andregular a circulation as that. At any rate, We print as many papers as four brisk cylinder prerted can take off from 2A. M. tillé P.M, with Gouble eet of press hands, night and day; and if we wero on premises where we could use the lart improved raa cbirery, we could double that circulation regularly, aud rometimes quadruple it. But what is the ure of replying to Bennett ? somebody asta, We never do, unless on matters of businass we reply. way call us a thief, and say, ‘ At two o’alook yerterday afterncon oflicer Bown arrested one of us, on ce mplatat of Mr, Leland, of the Metr-politan Hotel, for stealia silver fork from room No 49, and that, there- vere lodged lastevening in the Tombs''—and we sbould never teke the trouble in this commanity to deny it, Butin matters of business, on which our livelinood cepends, we don’t intend to be misrepresented with im- juni bis. « aimeotty in this city with Benvett—and what ms! him ro envious of, and conduct himsel{ so despi- cably toward bis cotemporaries—is, that not evea the lit Je monry he has worried out of other people can make him respectable—give him position, er iafluence, or character among his fellow-men. He lives ina community that shuns him, and he batee and abbore especially all of his own trace whom other men court or treat as re- epectable, It is enough that another editor is doing weil to make him envious of and to abhor him. Hence, then the constant and reiterated attacks upon all io his own profession. According to Bennett's own comstant showing, in his own paper. he has earned, c'ear ofexpenses, three or four millions of dollars but if be has really ever evough to have a boxe to shelter him, we ba heard of it, and what be nortgs, over, b He pretenis to wealth, neverthsless, but this pretension is only one of the bumbog: bis whol: career. The $10,009 ver ict which the jury awarded sgainst him, if collectable urder the old imprisonment act, would send him for life to Eldridge street jetl, Tne Zzpress, which he so mach and so often derides, has made, bas earned five dollars to everybre of the Hxratp establishment, quietly always, and without boasting, and can show it in good solid iu vestmenta, here elsewhere; and there is no better proof than this of ‘circulation’? or ‘est mation,” for the community we both live in well know what they are about when they are advertising. It matters but very little to us, however, how maay papers the Hxnaip prints daily, or how many any other exiablisbment prints, We can run up in one year, if we choore, @ circulation to 100,000; but it would cost us as mapy kicks, cuffs, and bruises ail over the body, as Ben- nett bas had inflicted on him in earning his 10,000 circu- latiop. He has not on bis reey & whole spot of skin left him, that some rough-shed held or huge paw has not vio- lated, or cow hide made raw—and no “circulation” pays for that. By» personal, be abvsive, be loose, be abandoned, be recklesa and unprincipled, and there are enough in any large community tuch ss this, that will pay to read seandal abcut their neighbors. But such © little value, and of no influence. t tices, or advertisements, but dam: aman having them in his paper, for they are indications that he paid for t or is hushirg something up ingiving them His al is devinable, as we have always found, when aman is a candidate for public cffice or for any other place; for it relieves bim from suspicion, and ths presumption is he has a character that, by ite proprieties, makes the contrast of the ogre like ceformity of the Hanatp more Cetectable. To b acken sheets of white paper with priat. ets’ ink—of no use, and ef no {ofluence, and of no charac: ter—is not ‘‘ circulation,” nor is it what a man pays | im all ways, wo nee there, ‘eg-eement, found: | for to advertise in Let ® corporation or a capitalist go to the Hxaarp with an advertisement of a * West- ern Reilrrad Company,” anch aa be speaks of in the of the | article we refer ty, snd the fair and jast presu uption is, to tha occurrences at | thit there are defavitera in that company—that some | of i's directors or cficara have been stealing or defreuc- ing, and that they are paying bim thus to conseal some rascality, But few honest corporations of avy sort, that understand the Haxarp go there to advertise at all, un les they have been guilty of some wrong that they wish to suppress or to conceal from the commanity. Oa the contrar;, in journals that have character aud standing in the clty, and whore conductors are, ia society, respon sable men, advertirements, notices, &c., when in them, have weight and influence.’ They are read, and crédited. and not believed to be put inthere for bad motives, and with badends So whea ee the FE: hands of abou' every respects a responsible business has weight and influence anc character among our fellow aoen, indcrse1 over and over again ia various forms and may be caliel emphati cably ‘a circulation”? If we had an advertisement to print of ‘bruisers,”” “gamblers,” ‘ fighting cocks,” &3., we shoukl, by all means. go to the Heap; butif we wanted to sells houee, or “to rent one to s tensnt paying (00: promising to pay) rent—if we had a bale of goods to weli or any goads ty cixpose cf—if we hada ship to charter, or the Iike—or, ifwe had atceks or bonds to sell or buy, wesbould go to the Pxpress, and that is just the ditferezos between our respective “eireuistion: [From the New York Daily Ties, Jan. 10.) ADVERTISING. ‘An aitache of the Caicage and Rock Island Reilroad Company le‘t at the Zimes office, on Tharsday laa:, their acnual report, directing ite insertion 1a the place wcually cooupied by advertisements of that description It waa ublishec, and @ bill made out at our regular 4. grumb'ed sLlout paying it, and insiste! on decuctions, Fei i:g to seoure them, he cecks reveogs ia the oclumas of the Herald, where he furnishes a text for a character- istic whire from the editor of thet concern, at the growth of the Times ia pubic estiwation. not only a4 a news- paper, but as a mecium for adveriisirg The employers of this Weatern Railroad ageat should nnderstand tbat they are indebted to bis own stupidity tor the large bill of which he now complains, Our chargea for advertising are arranged ona scala which varies ac- cording to the prominence of the placs in which they are inverted. If he bad simply directed ita publication | smong the ordioary advertisements, the charge would meat of the Central American question, the de fac'o | government of Greytown. Now that goverment olaimed | a right to the isthmus called Punta Arenas, over against | have been jurt one-fourh of what it was. As hs was eitber 100 careless or too ignorant ‘o make any inquiry, or to give any directions in regard to the matter, 80 wust shoulder the blame of bis own bland The HxRALD Is very high as our prises for ad- e, we intend to rate them in the spring. the Aegan abould remember tha: the value of a ne#apaper medium for atvertising, depends quit ach upon the character as upon the extent of its tion; and in both these particulars the Times bas gained a ition which may well excite the alarm and hostility of the Exar. 'wo-thirds of the Hrsatn's circulation isin a isements, except those of the profligates, pi tes and quack doctors, who make it their organ, stand any chance of ever being “ead. The Bexar tries to hint at a similarity between oor charges for advertising and it: own blaca ma!! practices. There is this ersential difference Il who take the troable to inquire, cen learn our scale of pricss, and then they can advertire or pot, just as they ses at We never threaten to ‘‘finish’’ them if they decl.ue our terms ADVERTISEMENTS AND CIRQULATION, Jaacrs Gorvow Benyett, Esq = Doar Sin—I regret to see, in the Express of this morn ing, & wrong construction put upon my commuication which appeared in the Hee \to,o! yesterday, and the malice of the editor vented upon you personally for my faul‘s, if faults they were. Io jastios to myself and the railroad company réferred to, as to the Heraty and the Fay ess, 1 will state a few facts in explanation of the fol- lowing paragraph {rom the latter journal of this morning, in italics:— Let @ corporation or a capitalist go to the Hanatp with an advertisement of a “A Westary Rattnoap Company,” sach as he speaks of in the article we refer te, and the fatr and juat presumption is that there are defauiters in that company — ‘that tome of its Girectors or officers havs been stealing or de Srauding, and that ty are paying him thus to conceal some ravality. But few honest corporations of any sort, thal un derstand the Hewaun, go there to adverase at all, waless they have Leen guilty of some wrong that they wish ‘o suppress or @ conceal from the commun ity. If I made an error in the circulation of the diferent journals, it was unintentional, as I merely used some pad- Mebed statement whichjI bad never seeo contradicted. I have no sort cf interest in the affsirs of the railroad com- pany eluded to, but, being acquainted with one of ite clerks, and alco somewhat conver ant with the printing nd newspaper busine s, it oocnrred to ma that the bill; own mé from various offices, at each ¢f which precisely the Fame directions were left with regard to the printing, exhibited a very striking, and, I thought, to to the com: pany, an unjust difference ia the smoants charged. I ppotr ted that the Hera:n's charge was vot the Having read much of its black mail tendencies pape's, and eu; {pg ita cireulation to be as large ar apy, I would not have been surprised at seeing & bill of fifty doHars from the Herat, But [ confess { was eurprised to see @ bill of thirty seven {rom the Hanatp and eighty-sevee from the Express, with a still larger amount from the Timei—papers waich ach a hign regard for firnees and open dealieg The trath ts that the price wae not arked by the company, as 1 un Ceretand it, till after the work was done, and the accounts: from the Express ond Times cflicen were rot reonip ved or aet- ied when I saw them, If the public may jadge from the tone o! the above extract frem the Frpres the seooant of that journsl was still unve'tled when that pera- graph was pened: and if auything erer appeared in @ pudiis print, the object of which was to coares the pay- ment of an unjost Cemand, it seems to me that the adore quotation bears that o jer, Oae wort mors: Tae railway com any khoew nothing, surgested nothing and probably esred othing for my former eoumunication; ond, I presume, reter eaid anythirg about the charges to any'o: 6 cle but me Probah'y no ove wat more surprised at recicg the te io the Hararp (nan the person who innocently atquainted me with the facts. Th no doubt, fatended to pay, and desired to pers who printed {te reports, a fai Ad not ths slightest intention of procuriog the any corrupt inflaeme Its coarse, th be commerdo! by all bigh miodad journa liste, ' of mecting the coptamely of the Expres, or the snerre of tho Times Had they asbei for po more tha what was right, they would have rece red it, without question; while tte very cicrmatance of the company’s rv fusing to pay thelr unjast comands, and to gratify thoir repacity, fe the best erie ase ie the world of the eound- cow cf the comp sMsirr, ard the honesty of its officers, while it eifestually turns the reas ning of the od witil further exposes its attempt at extortion. Lan traly yours Ose wr Arvrrries fo Ger time Most Reapers You 8:4 ess {a the | man in the city—when ve daily fel and know that it | THE LATE POST OFFICE ROBBERIES. United States District Court. Before Hon. Judge Ingersoll. THE UNITED STATES AGAINST THEODORE A. ROSSIE* THIRD DAY. Jan, 12,—Mr, Holbrook was recalled by Mr, Saith. Q. Do you recollect my calling the attention of the Commissioner to the fact that the coin letter had not been opened? A. Ido not; I have no recollection of th's letter being opened before the Commissiontr; the only one I opened waa the other—the ring letter; from the time I reseived the letters until I carried them before the Commissioner, I think I kept the letters ins locked drawer in the Post Office; I don’t resollsct haviog them in the Marebal’s office s few days before the examination in the Commirsioner’s office; 1am not sure whother the ¢rawar where I placed the letters was locked et that time; it is generally locke4; the foreign letter room ts » long room, twice as long as it is wide; there is a closet ia it on the opposite side of the room from where Rossie worked and about s third of the way from the south end of the room; itis about twenty feet from where Rorsis stood to ths closet; when I sealed the letter it was wih an old Spanish quarter, I think; 1 did not make any effort to make any distinct impression; I wili not year that the ooin letter was opened before the Commissioner; from the time I took my position at the window, I cid not leave it uptil Rowsie went ; certain of that, afcer Roagie left, I think I stepped out to an adjoiaing room and tent @ porter to Mr. Coffin; I don’t think I had to send below for the porter; my impression is, that I found him in the other room, for he bnew there was somethi: specialon that morning, as he had Jet me in on that morning at an earlier hour than usual; I how long he was gone for Mr that Mr. Coffin came up immediately; just long enc ugh to send Mr. Coffin up. To Mr Dupping—I think when xr. Coffin came up I was im the Poetmaster’s room or the room adjoining; I could seo the table and the entrance to the room; I am not pre- pared to awear that I kept my eye on that table until Mr, Coffin came us; it oouldn’t have been more thaa two minutes from the time the porter went down till Mr. Cof fn came up Thomas Baker examined by Mr. Smith, deposed—I re. aide in Brook: ‘seller; I know Theodore A. Roar te for five . Q What's his general charac’ A. Ia ee itis very good; his genera! chara: a very good. Crovs examired by Mr. Downiog—When I besame ac- quainted with Rossie first he was in the butchering busi ness; [was thena clerk in a newspaper office. the Ned Buniline’s Own; itis edited by EC. Z Judson: it is pu lubed pow; I sell it, but don’t readit. Q. Was therea time at which it was not published? Mr. Smith objected to the question as irrelevant. Mr. Dunning said he thought It was competent to show th» character of the print, and that it recently contained an article on this very subject, and to show who wrote it. Mr. Smith to the witness—I suppose you have read arti- bee inthe Hxratp and Times and can’t tell who wrote em. Elijah Richards—Reeides in Fifteeath street; is inno business; krews Mr. Roesie four years; I never heard any- thir g against him; he lived withina few doors ef ma; never heard anything against his general character; he is a msn of « family. To Mr. Dupning—I don’t remember to have heard any- body speak of it. 4 Hensy Walter—I reside st the corner of Amity and Reade streets; I keep a livery stable; I know Rossie; I never heard anything against his general character till this. David Brittain— Knew Roseie ten years, and his general character is gocd as far as he keows, To Mr. Dunning. heard any one speak of his ge weral character. John T. Smith, carriage maker, of Philadelphia, gave similar testimony. To Mr. Dunving—He was in the butchering business when | frst knew him; I don’thuow what he went to when he Jeft butchering; I heard abouta year ago be was in the Post Offise; from the time be left butcheriag until then I was in the habit of seeing him sometimes once a month, ard sometimes once in tix months. Wikam L. Barker, butcher, 640 Broadway—Knows Rorete in imately about ten years; his character t good: pntil this charge I never heard anything brovght again him; be worked for me three different times; first time Pre’ ably two years; he then went into business for him bell, Cross examined—He went into business for himself in the Ninth avenue; I used to mest Rosele frequertly in the street, and that is what Icsll being very intimate with bim; 1 never visited places of amusement with him; I never visit them, for I am of very retired habits. James Quarry, livery stable keeper, believed Rost character to be good, but never heard wny one speak of his geveral character. To Mr Dupning—He frequently hired horses frem me. Mr. Schell then proceeded to #um up on the part of the prisoner, and was followed on the esme side by Mr. Smith Couose! charged the accuration against the prisoner as the ticn amongst government officials, to weave the circumstances which ther ey contende] that there was nothiog Fie’s locking at the ette! id that it was exceedingly improbable that the a ocused would openly abstract from the letter, reseal ons, and leave the other with seal broken on the table where it could be easil dete eres Mr. Smith contended that this ckarge could vot be mainteined uader the statute, that the letters were not intended for transmission, that they ware not opened, ond that if anything was taken ‘rom them, it was from the ses] ontside the letters, and not abstracted from the letters. He reviewed the evidence, and showed that Mr. Coffin, when he reosived the letters from Holbrook, put them in his pocket, where he kept them until next morn- ing, and the probability was that tte ring, which he af. terwar(s found ip his pocket, had been rubbed from the seal under whi-hit was placed. Mr. Smith oscapied the court up to the time ef adjournment, and concluded by waking a fescible appeal on behalf o' his client. The court adjourned to Fritay morniog. when Mr Dao- ning will sum up oa the part cf the prosesution. Important Decision and Opinion in relation to City Taxes. SUPREME COURT—SPECIAL TERM. Betore Hon. Judge Roosevelt. Jan. 12 —In re the Pastor oj ity Church vs. the Mayor of New York,—The statute in relation to the assesement and collection of taxes (1 R. 8, 583) declares that every building for pubdlis worship and the several lots whe-e- on wack buildings are situated, shall be exempt from taxation ; and the question is, whetber certain lots of ground between Hudson, Le Roy, and Clarkson streets, thirteen in number, belonging to the corporation of Trinity Chorch, come witbio the terms of the exemption. Having paid the tax under protest—compulecrily, as they allege, to avoid a rale—the Church brings the pre- fent sult to recover back the amount—$971 48, with in- terest—averring 1p their complaint that, ae to the nine lots on Hudson street, they were “appropriated, set apart and Cevoted as # situation for a bo! sling for public wor ship, tobe ereeted by the plaintiffs,” and that as to the other four, they were “appropriated for the uses and purposes ofa cemetery, a beep*r’s house, and « chapel erected for religious services at interments ;” ard insisting, under this statement, that the whole premires were exempt from taxation, This simple Statement it pears to me, Cisposes of #1 branch of the claim. It is too clear for argument, thats contemplated structure resting merely in im: tion, no Ftone of which has ever been laid, or even ex- tracted from its primitive quarry,| is not such # building for public worrbip as an assessor is bound to see When actually erected, it will be time enough for the officer of the law to notice it. Aa yet, it is merely a spiritual manilestation, ‘situated’ Lowbere—oertainly not in the “ pize lots’’—and visible only to the eye of the mind—if, indeed, it te visible, cistiactly, even to that. The law, to warrant the claim of privilege, requires an actaa building—a house made with hands—not eternal in the heavens, but tex situated on temporal ‘ lote’’—resting not on intention, however pious or aiseworthy, but om solid, sub! earth. As to he other four lots, as I unders' the complaint, they are actually devoted to the purposes of a cemetery Now, cemeteries, as such, except in the caseo! cemetery asrociations formed under the geoere] law, are not ex: empt. Does, then, the mere erection on them of a burial cbapel ee | Sach a building, it is obvi ous, isa mere it to the cemetery. erected, not in the rense of the statute, as of “public worship,’ but im the very language of this compleint, “for services at intermenta ’’ All religious ser- vices, po doubt, more or lers partake of the nature of re- Ligious worship; but all are mot “public worship.” A building for public worship w an edifice devoted primarily, if not exclusively, to church services generelly. Upon any other interpretetion of the terms, Sten an there would be no limit to the ex- ceptions which might be claimed under them. Sq; a clergy man—as Was proved on w recent trisl—haviog a very extemsive practice in matrimonial cases, should as- cular room in his house, or, if necessary, his whole house, for 08 services at interments cf single ‘women tn the grave of matriaony—for, marriage, it is said is the burial of the separate ¢xi-t-nce of the sex—would tuck a devotion of the eae however sacred, ipso fac- to convert the parson’s dwellicg into ‘a building tor pub- Le worship,” acd ¢xempt it, and all the lota, however pumerous on which it might be situated, from all seculer texation? By the words of the statute it will be obserr- ed that the lots, forming the situation cf the church, are exempted as, and olely because they are, an ap- purtenance to the building; whereas, by the interpre: tation contended for by counsel, the buildirg im the prerent case, called a chapel. is sought to be it ed, although, like the bm agg lodge, ® mere nance to the lots which form the cemetery. nt, while it admits that the cemetery, as 8 is mot exempt, virtually seserts that the cemetery chapel, the mere incident, is exempt, aad by force of its exemption carries with it the cemetery also. Such a mode of reasoning, as it seems to me, it unsound in itself, and }; variance also with the policy of the statute, ta the assessors, with whom the taxation in question originated, had jurisdiction of the subject. The property assessed was real estate within their wed. It was prima facie at all events, the p:oper sabjoct of sasesement; acd having Inserted it om ett rol and given due notice calipg for ebjeotions, they bad a right to expect and to require, that if any special exemption was claimed, it should be presented and proved, to enadle them to pass upon its truthand legelity, The assessors, in euch cares, are made by law the tribunal of first in- atavee, with an Lone to the Tax Commissioners, and then to the Supervisors of the county, and, perheps alao, by certiorari, to the Noprewe Court, ‘Although porse: of only limied jurisdiction, their action is still jadicial, and cannct, and ought not to be reviewed collaterally— and more eepeciaily in favor of persons who, for aught that appears, raised no objections at the time might, and were invited to do so, The case Macame hag age school, on Union square, recent, decided by the Court of Appeals, (1 Selden’s Rep , 376, in which @ similar exemption was claimed favor of ber extenrive establishment, asa ‘Duiliing erected for the uee of a seminsry of be was decided mainly on this ground. (See also 7 Barb , 133; also 197.) Beriden, statutes of exemption conferring special privi- legen on the few, bowever deserving, at the expense of the many, and to the prejadice of the equal rights of the geveral tex payer, are to be construed strictly. Toey ‘a:¢ not to be extended either by implication or by liberal covetrnction. My conclusion is, that the taxes in ques ticn were properly levied; that, at all ersnta, having baaws lon OF eppaat, althoug’ ps quently upon protest, they cannot be recorded back; and that, ns & cors+quence, the demurrer of the corperation ts the plaintiff's complaint is well taken, and thould be allowed. Judgment for defendants. United Stat:s Commission r’s Court. Before John W. Neleon, FE q CHARGE OF REVOLT ON BOARD THE SLIP DEPIANCE— DESPERATE ASSAULT ON THE CAPT. AND MATES. Jan, 12 —The Uni'ed Stais against Thomas Smith, Robert Royers, Wm Walker, and Charles Ludwig —Robei Cerran being exemized by Mr. Jamoe Ridgway, Cep:red— Iam master of the American sbip Defianos, and have been so for twenty morthe; our voy: York to San Francirec, Calleo, anda Chincha Idandé : ar- rived at Chinchs Islendsin April last; po disobedience raber, whea we were departing ‘ork; 1 went on board the 29th of September to retake command and fit the voesel for ea; my verte! had previously beew forcioly taken from me by I directed my chief officer to call the crew aft. he informed me they refused to obsy the oréer ; I went forward and toli them I was about get- ting the tbip ready for sea and wanted to know whether they intended to chey my chief officer and proceed according to their agreement; thsy unanimoasly that they would not; that they would obey no or- officer; tris war on the 28th were among those who refused ; wer individually, and received the m one by ore as I called them; acting under the advice of the American minister or Con sis tanee to compel them to do duty or m on’shore, to the authorities at the port of Osl- ls0; I went on board accompanied clerk, who spoke to the men and told them that he the Consul to explain to them the con- ey would iscur by refusing to obey my ordert, They refused to lirten to ed their :efusal to obey orders, and to sea in the ship: coven of the men were at that shore for the purpose of being examined with reference to the outrage committed on me at the Chincas, Walker and Rogers were on shore, to the best ot my recollection; the seven were brovght on board; I came out of the cabin and requested them to remain w! fi and commenced to go forward; I went forwa: took & cutlass; they threateaed th obey my orders, or do anything on Common Pleas—Spectal Term, Bofore Judge Woodruff, IMPORTANL DECISION OW THE MECHANICS’ LIEN LAW. defendant con- fr tho erection of s building 1. The i clsim for ne e¢ Meth July, 1851. H atau ze of the aot, for 4% amount elaimed tn r the act took effect ivts that inasmuch as his agreemend wit) Henry Detor. the sot was passed, the ast pplied to it, aud that if tho act oan be rai to em: one im enformiiy with sach agree was from Now | ont, it ie eo far unoonsti liability upon the owner to pay be ocptracted to pay, and 3a, bi owner to make the same deferecs claim of the contracto sot off, or payments made the terme of his contr: ot. ‘Ihe construction given by this court to th: in Doughty va Devin, (General Term. May bave rineo that time boen cecurred till the 2d Se, from Cbinchs for New hase counter claim b y of bey are duo accordiag tow the Peruvian authorities, © not in wuostion, pable after the act took effect, to a yp ssmev hat ia sh fund in the owner's hands, sn: der from myself or the chit September; Cofenda T requested their same answer from mpel the applivation of tothe payment of the contrartorsdebt The judgmene ie may be regarded imantof the moneje duo to is view alter or impair the comtract between these preceedin; the Consal’s chief to defraud the aber they wore; they re- ey would not go to sea, board; I walked to the ‘and put my band on the shoulder of one bi he went as fares the cook’s heard scuffling behind me, and turning, ea’ bar raised against the mate, and the SMe elie eect to the mate’s ance, ‘crew rushing towai him; I was knocked down from behind my arm fractured, and my head cut in several places, and I was carried aft renseless; 1 was knocked sensele by the first blow; I don’t know who struck me with the Tardspike; I got medical attendance; a person sat up with me that night, and next day I was assisted on shore; ember as near as I oan recollect; @ crew were taken ashore by the Americar Consul’s orders, for their mutizous acts, and teing considered as the ringleaders; the injarles I reoviv- ed impaireé my memory; I believe Smith was one of raand Walker were on shore when I was #0 severely injured: the Peravian authorities, without orders from myself or the American Consul, took all af the crew on shore except a man named Gardiner; I shipped another crew, or por the castle, accompanied by the Consul, wishiog to inferm the Coreul that I would them as I thought acted under coercion, and again cn board; they refased to come out or listen force enough to briny went to Lima stated facts to Mr. Clay, the Minister, who caused an order to be issued to the commandant, to select such men as] shoud designate to be put on board ship; and I particu- larly stated to the commandant not to bring on board either Smith, Rogers, or Walker, but to bring King, Hamilton, ‘and the carpenter. ard, tripped the anchor, and was makirg sail on the ship when I observed the seven prisoners coming on Doard—thees four defendants amongat them. strated with the officer for havi ing down the harbor most go in confinement, and the rest to go ut my hand on Smith’s shoulder, and O'Connor, ia epe- ie objection here In Owen vs. Anderson & sot off vas allowe - Pits ‘was himeelf the plaintiff in this srobden hata tp 2 In Svlllvan va, Browstcr reaffirmod the doctrine of D hold that the act applies te cases whore forecastle coor, d ordered ing with a cutla: with e handspike, this wason the in the interim five of ven to tho plaintiffs those taken om shore; Ro, maierials fer building the labor and materials oe ding broadcl ie sestion, an¢ for which im the lien in this admission of the porformance of bo other construction. to bo taken most mount did admit of counsel on the argumont, tho of screw and went to to ue it asan admissic 4, therefore, t> olaim to the exten: procf of iLoir performance, aad over that the Jadgoought te is answer on the trial, by Ti @ exercise of the them through « of $166 5 without furtrer they were left; 1 tI e1 and be exercised op the trial, mi with » view to prot aware that a case has ari: tisfactory vide under s clear mistake as to the fasts, No auc exhibited here as the ground of the moti to make euch s motion was properl; of course, that the dotendants cffer to show that the materi- ale furnished wero not usod in the building, was Bis proot was not offered in supp rt of t ind, or to show that the dsfondant had anewored under apprehension of the facts, but as a subs rly he could not urge a defertce inoorristont with his T in contradiction cf his own oath. insisted tbat the plaintiffs, hating taken tha contrae- tor’s note for the amount of their claim, could nod afterwards proceed under the statute, and require # lioa, and that the brought these wen. approaehed Smith, turned to my ¢ him, when I was knocked which serlovsly injared face and broke two of my on #ringbolt, which caused also attempted to stampon me. The Peruvian authorities had all left the ship, and I pr>- ceeded to sea, having sent the seven men cufied. On the evening of October 10, for the pur- pore of selecting four men to be put again on duty, 1 removed thoee I felt it necesear: the cabin stste:ooms, be properly fed ard free from the juano, with which the ship was laden. I called them by name, but got no a: recond mate, Charles Pride, to go down and sce whe: the men were. He went below, and almost instsnta: og om deck, eaying he was stabbed. The ain put on and secured, and I then exam found that he had received two stabs in the left arm, which was ¢irectly over bis heart The eee Ay at wery day I open em the position in which they were placing themselves, and asked them one by one to come on dech ; they each refused. Smith saidif I attempt. €d to come down he would die like a maa. Day by day 1 put the same question ad received the same answer for about tenor twelve cays; they frequently demanded water; I told them I was asare there was a tank below and can it; that Iwould give them no red themaelvey as prisoners. No:withstending that, 1 did send water to them on one or At length I was informed that Smith had fellen down and wes injured; I directed him to come up ard I would attend to his ir jaries; it was utterly impossi- ble ‘or a man to fall and hort himself wrere they were; be was hauled up with rome difficulty; I found that be bed freed himself of his irons; exa sined bim and found 30 appearance of injury. I placed bis hands in irons and ¢, and put him in a state room, I there injarias. rity oF Nor oan I fing any reagon for holding that tak- ing the contracto.’s note deprives the Jaboror or material mam of the benefits of the act in question, if such note be n Mo reason was suggel Cebt still subsists. bo note bad been given. Feason of the oxistence of she note to place himself in any ‘Worse position than he would have boen in had remained s ebarge upen book account at the Finally, the defendent insists that the plaintif, having tor) @ credit oftwo months, from of the uote,) could not ob: elaim with he county olt Pired. Tie notice of claim having this cage been filed on the 19th January, 155: ceeding fail, Iam nos 6 thi een b erred at the claimant migst file Ms claim, alth wzh not the owner t) she contrastor, ht avail to reach moneys there- I incline to taink thas ivon to the aot whi souzht tbo cromte st ne coon ae the work is done, or tne materials are be filed eee lion secured, and yes boeuf rood nati the ot ed that the of the preceeding authorized jor his labor or material terms of service or ven eredit for bis goo 11 the oredit is ox,ired bofure to secure into at “they might suffocating influ- r. I directed the The defendant b ined kis wound: given to Henry (the co: , (t lion by filing ® notio when the stabs were given. “the term ef credit ex the bleeding continued eight days. the hatch, and atated to acquire alien, whic! te ¢ ooratroction to the debt for wi ed, the clei m: the quertfon ia no8 fr two irstances, vy ebould, by m ie If the claimant also 8) is from the Isnruai cotion, which requires time, when he commuenst OF i of partioulars of ti his feet in wooden so then informed the rest of the men that ecme up I should inflict no punishment upon them otaer tan to tabe them ae prironers to New York for trial; they were all put io the same condition as Smith; three wers room ard four in another: believing tha’ under ocercion, I selected King, Chapman and Hamilton, and talked with them; Smith threatened them if they did not take sides with him;] then cautioned ‘hem thing but the trath, and ssid I jonths, lien by way of security, he owner, requiring bim to oo orcerent'of tne lten &s ontop! HY ofthe act. If he receives 0 an acti lated by section 4 , he must commence do commence bis ae im hs it yes be some ¢f the men had ould bear whatever they bad io ray; they then made their statements and I re- leased them soon a'ter and put them onduty; my wounds were cpen until within three weeks of ‘my arrival bat they were partly owng to the inja- I received from the Peruviens at the Chincas ; the recond mate was eff duty for two menthas, on account of the weurd in his arm; after the men were released from below, I found they had broached the wa- ter tank, a cask of bread, and rome pickles; a the place was barricaded, and » psroel of eig) shot was laid there, aisos pack of cards and a» biadcer that bad contained ram; I only found a pair of scissors on Smith; a knife was fousd secreted below, in the place wkere the men had been kept; Smith Walker, and Rogers were keptin copfinement until arrival here, they were well fed and attended to. Notbivg material was elicited on cross-examynation. The mate was not examined, and the case adjourned to Friéay morning Theatres and Exhibitions. Bowsry Tuxatse —Mr. Robert Johnson, # favorite lead- fog actor at this theatre, bas hia annual benefit this evening, anc presents a very fall bill, inclading by Bulwer of ¢ Money,” in which he will play Two melo-dramas are also announced, and the beneficiary should have a packed house. Broapway TueaTrs.—The ‘Cataract of the Ganger’’ ht, with the new comedy. The spectacle now been much improved, The sew comedy has mace a palpable hit. Burton's Taaarrr —This evening the new farce “A Pretty Pieoe of Business,’ t Faces,” ard ‘To Parents and Guardians.’’ These pieces the most popular of the season ; they are well acted, and draw crowded houses, NamTiowAL THEATRE —The new ‘‘ Hot Corn’’ drama is an- nounced for this afterneon, with ‘ Unele Toms’s Cabin.” Little Cordelis Howard and Mr. and Mrs. J. J. Prior ap- b is eetopped, to set w Cifficulty is suggested in the ing to s onee in come i is orested before tor ns says, within ‘the work. &o,, the me- y time within ex valid be the effeot of requiring bim to 001 his redit has oxpired, ma | 10@ it seems tome ign of the Logislature shat we best acco: plish t after the pertormi ed wploss the term pired by the limitati i twelve months, (section 11, sud ope taken by the owner, wuilo the ore of the 1g oe Taised . 8,1 teas the dit wastunning, have his own ‘oluntacy imself ure will be the conscquence ted confirm usin thi often exrressed, that the fereclosurs contemplated statute is an cqnitable hi Court as a co 4 th 1¥ 80 8810 suit the circ eficial purposes of the act m G Before Judge Inrrabam. I Samuel Whitehead vs. Ja dy of “ Masks and WALLacr’s THEATRE —Three pieces are announced for that any such orders should bo 90 0 Clerk menes an entry of arty corrosyonds with tice has to cides the motio: such decision, adit is the tered by the successfal sion of the Court. A di stown up, but is not required lent company at Wallack’s will undoubtedly do fall justice to these pieces. Bauxva’s McskuM.—General Tom Thumb is the main at- traction at this establishment at present. Jeves this afternoon and another this evening. Cramatic per‘ormances are also to be given. Broapway MENAGER ® —The Siamese Twins, the great , and Herr Driesbech, will all be ready iends and the public this day and even- Court of General Sestions, Before Judge Beebe. PLEAS OF GUILTY. to amuse their .— William. Riley, Jan 12 —Grand Larceny. guilty to Leeare: $26 from Sarah Green! cash, was Cp by ae Coast attained the good will of the autaocities on Blackwell's Degree. —Robert Pollock pleaded ente ing the store of P Siayor Britz.—Thia professor of diableri: has pitched his Face tent at Stuyverant Institute, where he has been highly ac He, with bis canary birds, appears again to- Cumisty's Mrxstre1s, at No. 472 Breadwi ‘ive a capital programme for to-might’s concert, inelesiay ie Burglary ee ved og taennen $100, was sentenced to two years confinement in the mar- ble palace at Sing Sing, where he could pass his time next twenty-four months to = Ann Clark then bar, and on being for grand larceny ta hav’ Missteris —This excellent company, No. 444 J, are dcing a good business, which 1 than they deserve. @ man who could not laug! “Virginia Cupi¢s ”’ ise hopeless care. Tus New Jvtiw Burirsqcr, at Backle; is highly successful. G things are announced fcr thisevening. Paul Jalien is sald to belying with trsin fever. Camilie Urso place by Macame Sontag, who is in Cincinnati. We learn that the grand ball which was to have been given at Metropolitan Hall by Mona. Jallien, haa been postponed indefinitely in consequence of the destruction of that magnificent buildirg by fire give a concert at Niblo’s on the 18! eppeared at the shn'wae (adi sted g stolen a quantit and money to the amount of $30, by the advice to patit larceny only. It art acseptei her ‘4, 639 Broadway, being her first offence, sentenced her to be confined in the House of a ftw months, bey eyed iat B ages payee ey ery witn Inten to Kil,—James Mecham vas then placed at the barcharged to take the life of officer Lent, of the Eighth ward pistol at him loaded with powder and bail. I peared frem the testimony that the accused was caught tbe cficer while attempting to roda German named William Merz, and in bis « the officer of the law, fired it’ Lead, and came within an ace of blowing his brains out, for the powder, it seems, even blackened his face, The i being of @ cocclamve nstur and instead he will with having at! Commission of Lunacy. A comm'seion met on the 10th inst , at the City Hall, to try whether James R. Batler, Esq., one of the firm’ of Hoyt, Butler & Norton, was of sou maneging bis own estate. w at Mr. mind and capable of “owing | x The case was tried bsfore H. W. Robintow, G. M Ogden and Dr. H. @. Brom, com- It was proved that Mr. B an! is somewhat over thirty years aviness in @ sensible manner until Dovember last, when he commenced making extravsgant Among other thicgs, he hy chertering Mr. Vancerbilt’s veseel ‘o take a trip around the world, and that Queen Victoria wes to be one of his . He offered his family physician $59,000 to go with bim. Mr. Butler has been placed in the asylum at Hert- 4 ether the cass of lacacy was clear, and the jury sccordingly gave their ver‘ict, that «f cnsound mind and inca;atle of managing his estate. 4, from the evideace adduced, as to who lives in Brook]; guilty’ The Court then sentenced the prisoasr to aix years imprisonment ia the States Prison IxpicTMENT OF THE La Sartw Rroreas—Tho Gracd Jury of Lavalie county, Iilioots, have foued true bills ncainst Kern Brennan, James Toubey, Owen O'Neil, Pat. Darkin, John Bryaa, Mortin Bryan, 6 Murphey, end James Connell, as having been com- cerned in the brutal murder of Mr. Story ichasl Toabey, They moreover certi who were his beirs at law, &o, Me Butler has been engaged in business for twelve Hin interest’in the firm is about 70,000, clear of He hss no children, but his fath tnd brothers are living, and will be next of k' estate shenld Mr. Batle mot recorrr soasto be able to . Pouk.—The members of the Tea- on the 24 instant, at 12 o'clock, James K Polk, at hor rest- received with that coar- grese, acd hoayitelicy for which thie excellent 46 Culcgaaaeds