The New York Herald Newspaper, November 15, 1854, Page 2

pn ———____________________} ‘y for the ostensible purpose of buying come se- pnape something to cat, when they knocked down early killed Anton, and thea commenced to rob the house of every thing that was valuable, cipal ‘object was monoy, of which the: at $2,000. They then brutally murdered ob- the wife and child of the landlord, and a French- man, after which they set fire to the house, and burned it to the ground, to conceal their horrid crime. Duriag the robbing and murdering the lights were ex- foth Mnguished, by which means Anton to eacape from the house and conceal himeelf in the bushes un- til morning, when he gave the alarm to the neighbors. He came in this mori and related the circum- utances, when the sheriff a dozen of men started in pursuit of the murderers. If they be caught, it is very probable they will not havea triai by jury, but be bung en the nearest tree. Miscellaneous. Saresevts oF Space. —The following sows the amount epecie ahi of from San Francisco during the third tai for the Atlan. 662 50 for foreign ports. Earruquaxy at Sax Fraxcmsco.—At twenty-five min- nites before <r o'clock last evening, of earth- quake was felt in this olty, the severest that has oc- curred since that ofthe morning of the 15th of May, 1861. The motion was horizontal, and nearly from east to wost. There were five distinct vibrations, oocupylog something like two and a half or three seconds. The shock was #o violent that several in the lower portion of er. = bg houses in a. The pis Nagexoes ly sultry, previous and subsequea’ © ovcur- rence.—San Francisco Herald, Oct. 22. Max or War Exreorep.—The French frigate Alcoste, from Val , anda French corvette steamer of five | hundred horse power, from New Caledonia, are expected to arrive in our harbor within a short poriod.—San Fran- Cisco Herald, Oct. 22. Asomsen Vacs ov Propurty ix § feed value OF pro) mento City for 1554 Real estate as equalized, {mprovements... AMRNTO.—Thy as the equal ry in the corporate limits of Sacra- #8, 587.524 Pesrnesdactssenam aces -$7,053,107 Moro At Los Anesturs—A Person Honxrery Cot anv | Rouam.—A young man, by the name of Pinckney Clif ford was foully murdered at Akron’s livery stable, this evening, by one David Brown. It appears that Clifford was sitting in the room oceupied as un office, when some altercation of a trivial nature took place; Brown became enraged, and walked up to Clifford, clinched and pluaged aknife into his heart. Clifford died almost immediately, and Brown was takes into custody and lodged in jail, His case will be examined to-morrew. ‘About an hour after the above took place, a man ran into the Bella Union, horribly cut with some sharp in- strument, He ia in such an excited state that we have ao far failed to obtain any definite particulars, any fur- ther than this:—that he arrived here from the steamer, when he met several of his fellow passengers, two of whom—one an American and the other a Spaniard—in- duced him to take a walk towards the suburbs of the town, where they made an attack upon him with knives and pistols, and robbed him of four hundred dollars in money; he made his escape by running. Hi very badly cut on the left arm and back.—Los Angeles Cali- Jorntan, Oct. 18, Marriages and Deaths. MARRIED. In San Francisco, by Justice O. Bailey, Mr. Peter Anthes to Miss Mary Louise Meyer, all of that Gane At Teekalet, W. T., by Rev. Mr. Roberts, Mr. Donald Lord, late of Ellsworth, Me., to Miss Sallie Rose, of Phi- In Ban Francisco, by Rev. M. C. Briggs, Albert Miller to Mary Ana, daughter of Joseph Kendall, all of San Franclico, In Colomo, Hon. Alfred Briges, formerly of New York, do Miss y Lucas, formerly of Mlinois, yan, Sacramento, Mr. Wm. B. Cory to Mist Jane Me- al In Sacramento, by Eliot Aubury, Esq., Joseph Bories to Miss Kate Frieman. In Sacramento, Hom. Charles A. Leake, Senator from Calaveras, to Miss Amanda J. Knox. By Justice Orrin Bailey, Capt. Albion @. Gove, of Olym- pia, Washington Territory, to Mrs. Sarah G. Marston, of San Francisco. DIED. In San Francisco, Mr. Wm. Long, a native of Ireland, aged 50 years. In San Francisco, John, son of Peter and Margaret fn Ban Francisco, Mary, daughter of Jos. H in ncisco, aghter o! . Hi ad beth F. Kime? Cree ‘ i Sen Francisco, William, son ef Wm. and Ann Ham- . In San Francisee, Wm. McGuire, » native of Ireland, aged 19 years. 1a, Gass Preneioon, Zahe Bey cen of Sule wed Ane Mate "At Suttereville, Henry Clay, son of Major L. W. Hast- 8. bes "ps ears and 2 mont: cory’ le, Chas. C. Latham, late of Ohio, aged 22 J ears. In Placerville, Rawin Francis Newton, son of Sylvester Newton, of Rumford Point, Maine, aged about 30 years. Ann Maria, daughter of Charles H. and Jane Smith, one year. in San Francisco, Clifton W. Bewley, of Philadelphia, aged 62 years. ge Francises, of consumption, John Tearney, a native of Ireland, late of Charleston, S. C., aged 32 ears. ¥ In San Francisco, of consumption, Thos. Backley, a nativo of Ireland, aged 25 years. In San Francisco, John Brown, 2 native of Wales, land, aged 30 years. in San Francisco, of phéhisis pnimonalis, Miss Eliza- beth Mulhall, a native of Ireland, aged 25 5 In San Francisco, of Panama fever, Biscinto Cordero a native of Panama, N. G., aged 34 years. In San Francisco, James Olds, a native of New York, aged 18 months; disease, teething. ‘In San Francisco, of general debility, John Benedict @ Regan, a native of Sau Francisco, aged 15 months. one Francisco, twin children of Thomas and Mary | n, In San Francisco, of Panama fever, Amelia Vasbunder, ¢ of Wisconsin, aged 18 months isco, after @ short illness, Mrs. Rosa Gon- ive of Santiago, Chile, in ,the 87th year of wa tes In San Francisco, Geo. Washington Barrett, of Nan tuoket, Mass., aged 24 years. In San Francisco, Mr. James Fim, a native of Ireland, aged 26 years. San Francisco, Celia A. L. Whiting, aged 5 years, 2 ; months and 16 days. In San Francisco, David Harley, a natiys of Scotland, aged 51 years. ‘At Great Salt Lake City, Jaco Pochin, formerly of Teicester, *Feke t poarn. sake ais Mr... Aviah Kelley, wife of Eng., At Great fait Joveph Kelley, of Spri aged Ti . San Prana, Oct. 25, 1854 The weather “ha, been showery throughout the day, and €8 8 COP seonence the amount of business transacted haa beep jight. There ian speculative feeling in co! and “ined sugars, but other articles remain «bout @oas.e as on Saturday. ‘F1M0R.—Jobbing sales of 100 bbls. Haxall and Gallego 50: wt $12 60 yor bbl.; 100 quarter ; 7 and 800 do. re-ancked Chili at 100 do, Ashley's self-raisin Warsr.—Seles 980 sacks, § oice at 1K. les of 752 sacks California on private terms; in two lots, at 11-16c., and 1,628 do. do., ia t 1c. per Ib. W) sacks California at 2c.; 200 do. 2%., and 8,000 Ibs, Eastern,'In pook s Magnolia a 175 do. Alviso at $ t'$10 60 per 200 Ibs. ood, in three lots, at 1sjc or 1b. 729 do. do. seven lots , at 1540. per Ib. Bran.—Sales of 300 sacks domestic at le. per Ib, Porarors.—Sales of 500 racks at 1'yc. a Lige. per Ib ALMoxys.—Sales of 4,000 Ibs, soft shell on private terms. Corrre.—Sales of 100 bags Rio at 1%. ; 100 do. do. 20¢., and 500 do. Costa Rica, at 20¢. per ib. 80a. sales of crushed and powdered, from store and to arrive, have been reported at 15e. per Ib, | bat we have been unable to gather particulars. The gales of crushed and powdered tuade on Saturday oven- ing, and reported by a8 om private terms, were al Lic. at per lb Soar.—-—Sale of 160 boxes Colgate's at Be, per Ib, Sranca.—Sule of 160 boxes Colgate's at We. per Ib Braxny.—Sales of 50 octaves, 25 qr. pipes J. J. Rouse brand,(Hrench) pale, at $2 70 per gallon, Guv.—Fale of 0 pipes ewan and double anchor brant tt $1 66 per gallon. Borrex.—Salo of 300 firkine {air old at 20c. pee t's Pox .—Sele of 50 bhis. clear at $20 por bbl. Brxg.—Sale of 100 Lbis. mess at $18 50 per bbi Hams.—Sale of 300 bbls. Billing's at 1740. per Ib. Shovels.—Sele of 40 dozen Rowlan's long baudia, bright, at $10 50 por dozen. from MOBE MASSACRES BY THE INDIANS—PURSUTT BY U. 9. TROOPS AXD VOLUNTERRS— THE CAMPAIGN ABAN- DONED—THE HUBAON’S BAY COMPANY AND THE qavaces. Oregen Papers, Oct. 7.] By the last arrival from Oregon we-had full reports of ‘the ible butchery of a train of immigrants near Fort Boise. Sixteen bodies were found and buried, and three laren were carried off by the Indians, Mr. R. R. ) United Staten n agent Grande Ronde, Sept. 6, that the report the Indians of three men belonging to another train is | fully confirmed. occarred on the 19th of August, about ninety-five | wiles cast of Fort Boise, on the Jeffers road, The train consisted of wagons, under command of Mose Kirk- from _ ey wore net by cleven Indiana, ‘who scoosted them in the most fri hands. Three men who were |i he oat 6¢ with the Indixns, turned to has ‘Theis pames Lake and Watker G. Peery a, and both left families, whe are Wasi rhites nce, still continuing their fire. Ata distance fone sere yards they wounded a B HE Ghe Indians retired. ‘Another correspondent, writing from Fort Bolse, a i Vim bot Tenn learn there is a determination on the | pert of (he Suvkes to kill and rob all who may fall inte | tic powe aby ay the Americans have been oon. dy telling ¢ \ wnlose (hoy cease their dspre- arm «. op) destroy them, but no (oat the Americans ar — wo want fe Aght faeu | ' this city has already called the attention of Admiral UNPOPULARITY OF A PRIEST--THE WHOLE CONGREGA- ' | the offending disciples of St. Joseph, and the latter ua- | at the village of ) respects correct, as we have litte doubt it will, fos immigration is « to be as fer —< five wagons that were to coms en Another dent remoustrated with the Hu son's Bay au at Fort Boise agninst selling aa) os Fort the Jef. iv more ammunition and guns to the whon they showed evident signs of hostility to the ta, The reply of Mr. Ogden, the chief factor, was, “that it ular business; that he had Company, constituted part of thei suthority to sell from the Governor of the and thst he should continue to do so till he had to stop from thé Governor at Vancouver.’ At this re- ply our men were very indignant. ‘Me firnt party who carried tidings of the news of the rt Boise could get no assistance to re- cover the ci ‘rom the Indians. They told of the massacre, and w that no more ammunition should be sold to the In The realy wa “We have ders to sell, and we shall continue todo so until wi forbidden by the Govereor at Vancouver.’ Affairs at Gi [From the San Francisco Herald, Oct, 24.) Some features of the late news from Gusymas are calculated to excite attention. . It is now alleged that the French were provoked to an outbreak by insults and outrages heaped upon them in the streets by reckless Sonoranians. Up to the very day of the fight they re- ceived their daily pay and rations, and from the little concert of action they exhibited when the conflict begam, appear to have been taken by surprise. Such was the insvlence of some of the Sonoranians, that they even in- sulted Major Roman in the streets after they were told he wasthe American Consul. The Major, we may re- mark bere, soon taught them who he was, for so earnest were his representations to the authorities, that within twenty-four hours the men who had insulted him wore ticd upon the Plaza and Layne lashod, Thore some reasons to believe that Raousset and the Freach intended to conform to the laws, and make no hostile demonstration until the Somoranians asked their as- sistance against the tyranny of Santa Anna, but that they were finally forced into s collision by the hatred exhibited by the inhabitants towards all foreiguers, and | by unfriendly acts, springing the order promul- gated by Santa Auna, for the,arcest and execution of Count Raousset. Wo learn that the French Consul in acre to Febvrier Despointes ‘to tltese occurrences, and that a French man-of-war in to be despatched forthwith to tee Gulf of California to look into what has been done. Row among German Catholics at Utica. TION IN ARMS. [From the Utica Gazette, Nov. 12.) ‘The congregation of the German Cathohe Church in West Utica, again signalized itself yoiterday by another excited scene of disorder, tumult and assault. The church edifice was desecrated, we regret to say, by no- thing less than a vulgar and disgraceful row. Statements of the affair vary but slightly; and we pre- sume we are able to give a correct version of it frown anawers to the inquiries we have made. “It seems to have grown out of the old matter—the former troubles in that church. It is known to our readers that a litiga- tion has been for some months pending, concerning a | flag or banner. | ‘o understand that the suit waa decided last weok, | unfavorably to the priest, Justus Arnold, and his adho- rents; and furthermore, that the parade of the St. Joseph's Society, on Friday, was in triumph over their success. On that occasion they bore the banner about which the contention has been rife, marching past the house of the priest, whose indignation was unmeasured. ‘Yesterday morning, he appeared before bis oongreg: tion about the hour for the morning exercises to begin, and told the assemblage that there were thieves and liars. | in the house, and that he could not conscientiously pro- ceed with the services until they left. He then withdrew, whereopon there began a general fight, the priest's friends starting to flog and cast out torally defending themselwe, and, as nearly as possible, putting in blow for blow. Not only the men raaule: each ‘other, but some of the women imbibed the spirit of | the scene and ‘ went in’’ too. It is said that one female attempted to staba man | with a pair of scissors, failing to do which she planted a blow from a violently-propelled foot upon 4 vital part of an exelted German's person. Finally brickbats and | stones put @ more desperate appearance upon the matter. The combatants were parted at last, however, some of | them the worse, by » black eye, a swollen proboscis, an enlarged cheek, or an aching jaw, for the moraing’s visit to the house of worship. The police took charge of s9- veral, and furnished them quarters at the watch-house. ‘Ansel Heffner, John M. Hess, John Schneider, and Mrs. | P. Durk, were brought up before Justice Jones this morn- ing, and gave bail for their appearance at the next term of the Recorder’s Court. The excitement amoug our German population is con- siderable. The vicinity of Justice Jones’ office has this Piet been thronged with parties to the affair, specta- tors, &e. All this trouble fs occasioned by the extravagant pas- sions and prejudices of the priest, Justus Arnold. In the namie of decency and religion, why is he allowed to stay here? Why does not the bishop remove him? His course, from the first, has been such as to incite among big own, church metabere a feeling agains: hia, and kindle and inflam spirit of op} oritton and hatred Belen trp padres MISS Sg an he remains there will be @ rankling and a strife, which will ever not y the religious pt a of that church, Dut operate religion gone! ly. Paiptal and Melancholy Gremeroncs in Washe | jon. {From the Wastingion Globe, Nov. wad t Yesterday afterncon.two-seme Of Mr. Uhariee W. | Stewart called at the drug store of Dr. Gardner, Capitol ; | hill, and inquired for their father, who had left home early in the forenoon. The doctor imformed them he | had seen him about three o’clock, and he had sold him | one ounce anda half of laudanum. ‘The little boys | commenced crying, and said their father had threatened to kill himsolf, immediate search was instituted by Dr. | Gardner, and Messrs. Nokes and Griffith. Knowing that he was in the habit of lounging in the Speaker's room 9° | the House of Represontatives, they immediately paired thither; tinding the door locked, the inside close and the blinds on the windows also closed, » entered the room with a lantern, through the and found the Hfelees body of Mr. Stewart lying on a settee, cold and tiff. Dr. Busey, who had been sent for immediately, entered the room and proceeded to investi- gate the cause of the death. No evidences of poison from Iaudanum were to be found. A bottle of cham- pagne, recently opened, was upon the washstand, anda small quantity ina tumbler; but the peculiar odor of Jaudanum was nowhere to be recognired. Mr. Nokes took from his coat pockets two bottles of laudanum, containing each two onnces, and a box of pilis for the destraction of rate and mice. Dr. @. pro- cceded to investigate more minutely, and found on the edge of the spittoon « smell piece of paper, with the let- ters “n jn’? written upon it, which lead him to suppose that strychnine*had been taken by the deceased. The Epittoon having beon thoroughly ckaunsed, sixteou small ieces of paper were found, which, when properly ad- Justed, read as followe:— Drug —— Cal. store. M. K younine, 468 Venn. avenue, Washington eer ae ‘ body was Dg vpeu @ , wi cushion ay from a choir iS the room, under the head. His hat was placed upon ® bust of Lyun Boyd. ‘The key of the docr was found congealed under some Repsei Om the . Poivon. table. The window b heen stutied with papers toas to prevent the possibility of being seen from the on telde. Upon his vm ith a wafer a piece of | uae. coat was taken « small was written in large and legible nda, sud tBe followin: nds. ©. W. ember me at Jones’ —nuitie- Cc. W,. EB —the last ¥. STEWART Mr. Stewart had for maoy years held the office of assistant doorkeeper to the House of Representatives, and was well known as an eflicient officer and « high minded ayd honorable men, Ivrortant Discovery oF Coat, 1s Canapa.—We have important news to communigate—important, con- sidering the present and prospective price of fuel, and important to this province generally, Coal has at length been discoverc Canada. The’ important discore wos made a fow days ago on the farm of Mr. Garmpbel . in the township of West * west of Bradford, and not far from the lin jorthern Ratiroad, The discove- ‘as made by Mr. Campbell, os be was in the act of sinking a well. When down about sixteen feot he strack on a rich bed of coal, which is pronounced to bo of very | superior quality. Au old country Wlucksinith in the neighborhood, who examined it, afirms that itis as geod | andasrich ag any spocinien of coal he has ever son On being placed in @ blaze it immaodiately ignites oui burns beiliandly, We have no preeise information of tho extent of the bed. The ubovestatemont ix made on the suthority of a highly respectable aud well iaformed gentleman, and sincerely do we hope it may prave tm all Such s discovery must be regarded avan important dering to Canada. Tax Canadian Munprners—The Batfalo Com- mercial says:—We learn that two of the murderors and | robbers whose crimes have created so much excitement | in Canada for a few weeka past, were arrested on Wed: nesday evening, near Port Robinson, by'e party of citi rena who bad turned out in-pursuit of the villains. The men were heavily armed, and were found at a tavern, at pper. The girl who waited at the le observed ols and knives concealed under the vests of the two And te howe—xe 1854. Thiee hi Gwilliambaury, a! | strangers, and related the fact to the landlord, whose , suspicions were oxcited, sud who ty by whom the arrest was made. ae Co ylewng Hoe Lies coo little ogg he 5 ‘owneend, lor of the gang, who appears to pos- ent ‘all the coolness and Aen al ofan old Toshicned wayman, manages # evade pursuers. Several tales are told of his dering and impudence, He | we notice to the par- Tne fellows w | haa several times shown himeelf at farm houses, and token meals; but his perfect self-confidence has divarm- | ed the inmates of suspicion, and they have mot been aware, until sfter he had lett, of the sort of guest they had been entertaining. In one Instance he entered & house where were two men and some women, seated at ‘a table, and, drawing out a brace of pistols, told the ax tonished family that lin was Townsend, of whom thoy | Bad doubtlecs berrd; that if they permitted him the honor of partating of their meat all would be well, but that be would nly shoot the first that attempted to leave the room. ‘They cou! make no opposition to a | proposition so well Wacke!, and the villain, after eating | ‘what he wanted, took his leave, informing them that would be useless. Another time we mot near Huckleberry Sramyp, where the which he is leader, is suppored to be asked him how much money he had about him. Tho twenty-five dollars. Townsead then ‘and requested him to hand over his ry ‘The farmer, thus pressed, didas ho was bid, | telling Townsend that he was poor, and that tho wallot | conte ved his all. Townsend examined the contents, foun. (he sum ae the man had 4, and, dividing the : Lich, and left him, youog man, aol will neh oxeltement prowails scenes of this fellow'a ex- y ex ed tales are related of Sia fy we have g'ven abovo are sitio ly tray. farmer answered pre-ented s pistol, ¥ | count with the doctors. | Gonena at market NEWS FROM CUBA. Secirnre of Two American Schooners at Baracee, Suspected of Filibustering Intentions. Arrival of the Steamship Philadelphia. ‘The United States mail steamship Philadelphia, Capt, McGowan, arrived yesterday morning from New Orleans and Havana. fhe left the former city on the Sth, and arrived at Havana om the 6th, and sailed again the same evening. The Philadelphia found at Havana the steamahips Em- pire City, from New York, and the Falcon, from Aspin- wall. The E. C. sailed at 10 o’clock on the 6th for New Orleans, and the Falcon was to sail at 10 o'clock on (he 9th for Aspinwall. The Philadelphia experienced boisterous weather near- ly the whole passage. Our Havana Correspondence. Havana, Nov. 8, 1854. Seizure of two American Schooners at Baracoa them—Prevalence of Suicides, &c. §c. All the steamers in, the West India mail steamer ‘Teviot included. I have not time to re-write the | enclosed, which please use, and observe the note thereto, This morning we have the report of the seizure of two American schooners—the Charles Smith and J. C. White—one of them loaded with arms—off Baracen, at the cast end of the island. It | fa said one had discharged her arms. Their cap- tains, crews, consignees and passengers are, I under- atand, in prison. Two creoles were on board—-one on each veesel—and were put in jail. The creoles did not relish the confinement and set fire to the prison, hoping to escape in the confusion; one of them was shot by the sentinel on post, and the other was arrested and re-confined with irons, after the fire had been extinguished. So the etory is told, and it is added that a tiger is to be sent to that re- gion to try, and to tame the people. We had an at- tempt at suicide last night in front of the palese-- said to be a disappointed office-secker. A few days since, a successful case of suicide, by Marcus Ysasi, who killed himself becauze he had declined a spe:n- lation that netted another party who had accepted | the risque in his place, $25,000 or $30,000. Another, with a brace of pistols at the throat at the same time, blowed the head almost from the shoulders, because he had been requested to go to the hospital by his superior, being in the empioymoat of the artillery arm of our military government in the con- | atruction of gun carriages, &c.; he was ill, bat in disgust with the order or request, be closed his ac- dD. Havana, Noy. 8, 1854. | Capturelof Six Hundred Bozal Negroes by the Govern ment, near the Isle of Pines—Arrival of a Spanish War Steamer with Several of the New Offciat Employés, and a Batch of Jesuits—Arrival of the Princeton on Her Way to San Juan—The Lottary for General Concha’s Coach—Commercial Affairs, §e., Fe. ti 1 had this pleasure by the Jeweas, which, I pre- sume, will have come to hand—and I hand you a communication under cover to me, from our friend at Aspinwall, which, I presume, will give ihe very latest doings on either side of the Isthmus that may | be worthy of nate. Here we move on with interminable improvement —the order of day and night. Portions of the emancipados are being distributed to our large | charities, which are to have the control and disposi- tion of them for the establishment of a new instita- tion, where the colored responsibilities of society that have no paternity, are to be provided for—all right in the way of sin ‘‘made easy.” This hospi- A} an aaull world destitute: widows autrerp ee coo Me, wesid The ‘We have rumorain town that six hun: Borm negrces have been captured b7 the government, near the Isle of Pines; if so, the new institution will have a. good quantity of fresh material to build upon. 1 have not been able to procure data of tue carture, bot think it very probable that of the eeveral slavers endeavoring to getinto safe anchorage for éischarge, of which I have advised you; that one o7 more should be captured, under the better vigilance and honor of the present administration. On the 5th we had the Spanish war and mail | steamer Velasco, from Cadiz, with officers atta shed to the new government, and several with their families; and among them I notice Field Marshal Gregorio Brochero, lady, and two children, and his brother, José Maria Brochero, Colonel of Engineers; Juan Campuzano, do.; Thos. Ibarrols, Commandant of do.; Ignacio Halco, José Maria Manzano and lady, with one child; Lieut. Col. Foo. J. Gomez de la Berna; Lieut. Col. Jainee O’Dally, of the Marine Corps; Commandant of Cavalry, Enrique de Chavez; Captain of the Navy, Augustin Lebaton; Command- ant of Cavalry, José Adriani; do. of Infantry, Felix Travers; Captain of Engineors, Jos’ Arcayo; do., Fornando Reasho; of do., Lieut. Juan Escarsi and lady; Father Francisco Bosch, with thirty-two Sis- | ters of Charity; Fathers Vicente Marconelli and Francisco Avino, Professors of the Order of Jesuits, with seven. priests of inferior class, members of the fraternity. About twenty-five other passengers Wer feceived by this steamer, mort of whom, in one way or another, are associated with Cuban employ- | Ment under General Concha. The United States way steamer Princeton, Magle, commander, entered our port on the 6th inst., hav- ing as passengers Mr. Mitchell, Minister to Nicara- gua, and his family, and J. W. Fabens, E4q., Conm- sul of the United States at Graytown. This steam- cr, last from Norfolk, made,the passage in five days. Salntes were exchanged with the port, national fing and the authorities of the ivland, yesterday at 10 o'clock A. M. Jn running up the flag of the United States on board the Spanish vessels to re- torn the salute, it got foul in the rigging and was | entirely concealed daring the ceremony, so that ‘ under order of the (ieneral of Marine, it was re- peated with the flag properly displayed. I hadthe pleasure of passing last evening with the Minister and Mr. Fabens, at Mrs, Brewer's Hotel Cubano, but was unable to obtain any new light upon Mos- quite kingdom affairs, which will remain in statu quo, although the authorities of Ni icaragua may of grace have a salute. The ooach and pair which were disposed.of hy the lags royal lottery, fell to the lot of some person jad, and w' pur- chased by General Couche, at their value, fer his futnre use. The second prize of a pair of horses, aud the horness therefor, were won in Havana, an is said they will slzo be taken b; ub valuation. the lottery, $60 sendy geulunena ‘end one who will always remain 80, in d the accumulation ot this world’s goods, comentod solld shape, the blood grb a ee “age gr Africa—a nephew foaquin Gomez. I was amused on follo his good fortano, being upon the wharf, to ive infi thereby shed upon his coul—if Lo has one; bat ho may be s pupil of our eccentric Dr. B—le, in which case he is, in his own belief, minus that item in his constr: A beggar woman, the of woe and helpless mi ‘with one or two half-clad chil- dren, child of aixt; | lors and no soul, and he tarned his Inowt plleons once '& gentleman ous or rich, but tolling—who was in my Tid T saw forty conte Cuwo “pesetas”) and I saw al the pocket of tae unfortanate. and traits’ & musket,” taking up and hong Bond street” (here al “Peter” tokeg his heavenly flights ; in his ventores and his In! on other eide, when he gets his plona ostablished. I 6m infer} at the Corenlate of the United States tat tLe will leave ing day oF two for | Pensscoia avd Sam Juan. or that asighberbeod. ‘There was the of come eomaction a the and ene of eur veesels of war hss been suddenly ordered to take en board previ- sions for a coasting voyage, and was ee occupied ‘through the day, Whether it is the Lady Cora that is to be leoked after, or something of meee haps, tance, I am not able to say. You will have in the last iseue of the files I sent you by the Jeweas the very able letter of Mr. Echeveris, in toan infamous attack of the Prensa, in which he iilas trates the advantages which derived he cries nee ern: foreiga mechanical intelligence, » which Nan chained, wieens anya native stock or native capacity ; improvement, cultivation, and not H worth or 3 il E | F i i | it i i Lf i $3 = g I H i i i ok | E i ‘é § i. —Case of Mr. Brodie, §c. a “ Peter Hicks,” the veracious Peter Hicks, shall His letter, dated New York, Oct. 17, published in tais city om the 2d inat., contains a direct attack won your correspondent, and upon soveral cther correspondents of New York papers resident herc. Ishall, however, alone reply to the observations respecting myself, leaving all the twaddle respect- bg “having recommended them to the sheriff, of going to insure his life, of subscribing tos pistol gallery, and going to exercise with his comrades in landling s Kentucky rifle,” and all such sheer .” to those who may consider such sheer “bosh,’”’ as the Orientals say—to those who have, perhaps, much more time to spare than myself, ehould they deem it worthy of notice. I will only translate such paragraphs as partica- | larly refer to me. Peter Hicks says:—‘ We'll be- gin by finding out the motive of the enemies who are crying out in the New York papers. They've sworn, as come of them say, the ‘liar Peter,’ but they don’t point out thelie. It makes me remember | @ neice I had, without a nose, and as some termed | her noseless, she answered, between a joke anda frown, “ You liar, and what is this?” pointing with her fingers to the nasal holes. I believe “ Pough- | keepsie”’ will understand me.” “ Poughkeepsie” is not a reader of riddles, and does not understand or see the wit of the foregoing extract. But has Peter Hicksever heard the German say- | ing, “ Der ton ist der worte sin,” which I translate into English for his special advantage—‘“ The tone is the sense of the word?” And as Peter Hicks has been in the constant habit, forthe past year at least, of eending accounts in his letters of all the crimes perpetrated in the entire United Stated, and placing them before the public here as specimens of the general habits of the people, he has bean guilty of a most foul offence against that country which he eays ‘bas pleced in his heart ret and word, of s love whic! one of thoes tho an themselves 90 susceptible have “ever felt.” If this be the trath, Peter Hicks has a soe nant att 2 nie Tadmit I have been too suscepti- ble. It would have been far wiser to dave etee Peter Hicks with silent contempt; and h: forth he shall not receive any notice my pen. Itake Jeave of him for to his notice the words of : Modest} tamen circum- specto judicro de tantie viris m est, ne, peed phe Sony ee eUCCTUEE now | have.taken leave of Peter Hicks . The land around this city, upon which the walls ee erected, eet — from Spain by @ compeny recently formed, who design ing boxses for cages “ ) after some regular may be agreed upon. Seven bande slaves, I learn from an an- thentic source, n seized within a few days at the Isle cf Pines, they being new negroes. A few more such acta as thie, and General Concha’s popu- larity will, ae Isome time since informed you, be all scattered to the four winds of hcaven. A merchant of this city,on the mor! of the 5th inet., placed a pistol to his mouth and blew out his brains. Hi: us Yeasi; he dwelt is name was in the Calle de San wr the act. alleges, he teld him a ‘sahington, not viséd by the Spauish , Was all that was necessary. ‘ 5 et having? tle moment recelved important date, yet momen! infoguie nro at authentic source, I hasten to it you. American schoonérs Charlee Smith and J. @. White have been captured at pani under a of prope captains, crews, passen; in. prison. nd oo cegne hi geen understand, are T go on board the steamer with this letter. OUGHKBESTE. Our Tampico Correspondence. Tamrtco, Oct. 31, 1954, Defeat Sustained by the Revolutionary Party—The Way in which Political Favorites are Rewarded Ignorance Prevailing in the United States with Regard to the Commercial Affairs of Mexico, $c., $e. The revolutionary party have been defeated in this State, and the chiefs of that party have taken refuge under the’ stars and stripes of the United States, on the Texen side of the River Bravo, The Mexican Generals Woll and Casanova are resting uyon the fregh laurels they have won, whilst the cowardly Col's who did’nt fight at the cliy of Victoria have all been promoted to generals Bach, then, are the awards for deeds of valor in the One of the beat things Ihave yet witnessed inthis country is the special commercial privilege granted foirs ‘ot Mexico by their oe ge in the can'tal, and in the mee: Ep, and Fraage are reapiog ir ‘COMMETSO, | ing separate from the answer and before t! | tained, or the reasons, first, that no forelgn sovereignty can bring a suit in the District Court; and, secondly, if such overeignty can in apy case, that it can Gnited Bates District Court. lon. Judge Ingraham presiding. ‘THE CASE OF THE GOVERNMENT OF PERU. Nov. 14.—The Government of Peru, vs. The Ship North America.—This libel is filed by ‘‘the government of Peru, by Nesmith & Sons, agents,’ for the recovery of damages for the violation of a charter party, entered into by one Adem Smith, by virtue of which it is claimed that the ship wastound, It was chargod in the libebthat on or about the 17th day of August, 1852, the said Adam Smith, at the city of New York, then being the owner of the ship, or then having full power and lawful auther- ity im the premises to contract for and bind the ship, en- tered into a contract with the libellant, through ite agents, Messrs. F. Barreda & Brother, for the charter and hire of the ship to the libellant to bring a cargo of guano therein from the Chincha Islands; that the ship was bound by such contract, and that the same has been violated, by which the ship is answerable for the damage which has by the libellant been sustained. The | libel was sworn to by Henry P. Nesmith, one of the firm of Nesmith & Sons, on the 6th day of May, 1853, the day on which it was led. Mark Cornell intervenes as the own- er of the ahip, and in his answer sets up, thet at the time when it was claimed in the libel that Adam Smith executed the charter party, he, the said Smith, was not the owner of the snip, and had no power or authority to contract to bind the ship, and that he, Cornell, at that time was the owner of the ship, and had the authority and right to bind her. He denies all knowledge of the char- ter party, and says he never executed the same, and if Smith did execute it, he denies that Barreda & Brother were the agents of the libellant, or that the libellant ever authorized or ratified the charter party, or even sutho- rized this action to be brought thereon, or even ratified the bringing of thesame. Thomas R. Foster and Charles F. Stephenson intervene, claiming to be mortgagees of he ship, and to have a lien upon her for advances made or her and on her account. In their answer, among other things they set forth that when the charter party, as clai ‘by the libellant,was executed, Smith was not the owner of the ship, and had no power to coatract so as to bind hor; but that Mark Cornell at that time owned the ship and had the authority to control her, They deny all knowledge of the charter party. They deny, also, that Barreda & Brother were the agents of libellant, or that the libellant ever authorized or ratified the charter party, or ever authorized this action to be brought, or ever ratified the bringing of the same. ‘There is no exception taken in either of the answers, or in any pleading or written motion to the right of the go- vermment of Peru, through or by means of a private in- dividual, to file aud prosecute theli bel, provided the go- vernment has, in point of fact, authorized and enspowered any sueh individual so todo.” ‘There have been many questions discussed on the tzial, which, from the view taken of the case, it is not necessary to determine. It is Hull ii | thori & of hi file ani secute | filed and proseouted; that I | position or action of the public vian government to | good reason why the authori | ment, with whom we are at to institute a suit in thia cow | justice, for the recovery of | Contract, should not be reason of State or — y- kind to gs ie s i i : i t z i i 4 [ ; i i FF on the 10th da) Interest in the sale is, on the face of it, absolute. it at the time it was given considered i that it should be but a protenge given a advances made to the ship by & Stephenson, they have always considered and treated it as such. as both parties intended it to be, and have alwa: treated it as, a security merely for advances made to ¢! ship, there ‘can be no objection to its consid merely aa such security by the court, unless the libel lant is prejudiced by i 0 consi ‘and no pre| the bill o treated] ne} his judice can result to the libellant by treat gale as tho parties intended that It should denied in both answers that the libellant ever authorized tel Ste) in their this action to be brought, or ever ratified the bringing of | Sth day of Lebruary, 1802, Adam Saath then bene the same." It is claimed on the part of the libellant, that | owner of the ship, ‘mortgaged the same to Alce this exception cannot be taken in this way; thatthe oay and proper way of taking an exception of this kind, either by a preliminary written motion, or by a separate preliminary pleading, and that by filin authority to file and prosecute the ‘1 is admitted. For the purposes of this case, with the view I have taken of it, it fs not necessary that I should give this question a thorough examination. It is usual take an excey tion of this kind by a written motion, or By some ple e answer ig filed; and without determining whether that is the only way, I shall assume that the libellant did in point of fact t Messrs. Nesmith & Sons to do that which they have done, or caused to be done; and I shall take it for nted that Barreda & Brothers were the cae of the ibellant, when they, in the name of the libellant, exe- cuted the charter party, and that the libellant autho- rize¢ and ratified the same. Tho roaponieits further in- sist that although the government of Peru may, in point 3 Ey of fact, have appointed Nesmith & Sons its agents to fle | sot up in the.r this bel, and has authorized and ratified the bringing and the prosecution of this suit, it ought not to be sus- only there is such a public minister or diplomatic agent. This suit is inthe name of a foreign government, in whichit is claimed that a wrong has been committed upon that foreign government, and s demand is made that that wrong be redressed. The libel is predicated upon 9 wrong committed upon the rights of the govern- ment in whose name the libel is filed, and the demand is to have satisfaction in the way of da , or have an indemnity for the wrong so to have been com- mitted. Every suit ina court of justice, whether in the form of a libel or otherwise, is a demand of of a right and is brought for the redress of a wrong. And the demand is an answer, an | pl done bya public minister, o¢ ther diplomatic agent appo' such for sovereignty, and resi- bay gen poh fries by ‘the United ‘States, where | Austin, to secure the sam of $66,041 24, w' was onthe same month recorded on tho he Custom House in New York; that 1 tioned mor was, on th of Se same year, assigned by Austin to them, 1/1 & enson; and that on the 10th of \ vember, 1! Cornell then being the owner of t! ship, and same then be! subject to the In ned. gage, made exceuted to thi tor & 8 son, & dill of sale by way of mort. only, for the post,of securing to them the svt of the eum thel lue on the mo; to Av-icu, and also the sum $30,000 advance then made *~ (em on the ship at thy request of Cornell. For the «1 4ons already given, later instrument is to be tresied asa meine security merely foradvac:*. made. But ifit s) be so considered, andr): ld be treated as on absolut Vill of sale, it would n<* prevent Foster & Stephen from intervening in {}\- way theyhave done. They hat ‘way of defence, a title te formance of certai: a that the proof offered by Fos' jphenson, proves aarth ng, proves an absolute title, a title ent upon no condition, o not sustain the allegati . i f title set up in the answer dependent wy tain conditions, and to be divested upon the of such conditions, are sufficient to give a ter & Stephenson to contest the claim of the that part’of their answer which sote up is to-be divested upon tho performauce of certain tions, is not true; by proof that their title is an lute one, instead of one to be divested upon the per ance of certain conditions; by that they have a better title than that which they have set up by of defence in their answer. Mark Cornell, theref well as Foster & Stephenson, eA ge to int wi made by the one in whose name the suit is brought upon arter set up in t] made. tho sonecelgntg. by -whapnauch, court. extahtahedl to: | Arccotatee ieee cone, A have the nent demanded fully secured to the party { cuted by Adam Smith, and making the demand, 4 the instramehtality and aid of | In it Smith descri the court in which such sult is brought. In the case of | ship. lor mc the following supsistion to the connacl=—isos- | ned, eg near for Hon. . lor made the following su, e counsel :—‘Bs- fore this comes up again, I wish you to consider a quey- sidsstiog of asepaticns camped by tboneete atte tion which has affected my mind during the hearing. «ntitied, upon” good eonsideration, bank stock in this country, in the mame of trastees. They derive it from acts of a foreign independent State. I wish it (o Ve considered whether any foreign govern- ment, unlor any denomination; can sue in the municipal courts of the country; whether it-is not matter of appli- cation {rem State to State. Ido not thiak it easy to find in the old any direct or plain authority.’” Before that suggestion was made, suits had been frequent- ly brought in the courts of Great Britain in favor of a foreign sovereignty, and the right to bring such suits had heen sustained. (See the Nabob of the Carnatic vs. ‘The Fast India Company, 1 Vesey, Jr., S71 and the casen there cited, 382, 883.) The Lord Jhancellor in the latter case, he being the predecessor of the one be- fore whom the case in 3 Vesey, Jr. was tried, in con- cluding his opinion, says: “Though perhaps i suspect that the Nabob knows nothing of this suit, I cannot take notice of that for itis not led. Therefore I must ‘The Dill is brought by persons Stating theunclves to be , | take it to be his bill, while it atands upon the record.”” Since the case in’S Ve there have been many casee has been decided that a for vernment can sue in the courts of that country. In the case of the Column- dian government vs. Rothachilds, 1 Simon’s Reports, p. 92, the Court says: “A for State is ax well entitled ae any individual to the aid of thie court, in the asser- tion of its rights.’” In the case of Hullitt &Co. vs. The King of Spain, 1 Dow. & Clark, p. 169, Lord Redesdale, in giving’ tho opinion, says: “T have no doubt but a fo. Teign sovereign may sue in thie country; otherwise there would be a right without a remedy. ‘He sues here on behalf of his subjecta, and if a forcign sovereign wns Jr., above referred to, Great Britain in which it not allowed to do that, the refasal might be a cause of war. Thore is no ground for the notion that a foreign sovereign cannot sue in the courts of this country. it appears to me cloar thathe can sue, and it would te) o monstrous injustice if he could not.” See also King Spain vs. Hullitt .& Widder, 2 Clark and Finnily. p. 338. In the case of the Kingof Spain ws. Oliver, 2 Wash, C. €.R,, p. 429, the Court recognized the right of a foreign government to cue ia the courts of And the 24 eection of the third ar- | ticle of the Constitution of the United States expressly {hed jurisdiction to the courts of the United States es where foreign Stator are parties, thereby giv- the United States. in ca ing right to such forelgn States to bring a suit. But it is claimed if a foreign State has a <ight b doses such foreign suit in the courts of the United States, that State must bring such sult in the Supreme Court of t nite: of section ii and citizons of otKor States, oral case it shall have original but not tlon.’” That section of the judiciary act a Stetes of this Union, and not to foreign States. | to bring a suit in a proper cage before the District Court. But it i8 claimed that to teing a suit in this court, such suit can only way ie by bi State in this country. kno’ that our goverument would not receive nor hoed any demand of Sd made by ancther government, unless such deman by whom such court is established, to have anch de- mand secured «by the instru court in which the guit ia brought, and that suci de- mand modte upon one sovereignty by saother, to have right done by the instrumentality as court of justice, liko any other demand made to have it done without such insjrumentolity, ahould not be heedod or consid- ered unless such demand is made by and through the minister resident within the soversignt; ‘where, the de- mand is made, if there is fo hag Tilalster resident. In regard tothe mode im a foreign State should eue the Chancellor, in giving bis upinion in the case of We Olen os te. Rothechila, 1 firmon’s R, P- above says—It must sue in the name of some public officors ‘eho are entitled to repre- sent tho interests of the State, and upon whom pro. cess can be eerved on the part of the defendant, aud who can be called upon to answer the croes bill of the de- fondants. eral description of the Columbian goverament fades the defendants from their just hte, and no instance con bo stated in which this court as catertnined the auit of a foreign State by such a de- scription.’’ The case of Robson ve the Huntress, aWal- lace, 69, wasa libel for salvagoin (he name of Lieut. Rob- son, of the British navy, for himseifand the British consul in Philadelphin, ‘for alt others interested.” Tt wat ob- fected, that the consul had no right to intervene; that haf no right to represent his sovereign ina meaatey. where thet rovercign had aseador resident. Judge Grier, in his opinion, says—'Tho right of a con- sul to intervene in behalf of citizens of his own country who ave abacut, but Interested, seems too well i. ed iu practice to be doubted. He cannot intervene for his sovereign when such sovereign has @ minister or ambassador resident in this country.” In tho case of the Anne, 3 Wheaton, 435, J: Story, in give, the opinion of the court, save +—“The question is whether it was competent for Epaniah sonsat, eneeely ‘y virtue of his office, and without the rpectal »° Ly his government, (o interpoee a claim in this case for the violuted rights of hia sovereign. Wo are of opin- jon'that his office confers rpon bim 10 wach Daas poem Sad ‘It is admitted that a yo public iuinister, oF this Abeonoe, by 0 yon Inires, sovereign, w fa meking this admission, it ls not to be wederstood that 1 cam be made ine court of juaticn, without te aeveat an interest in States, and the with section of the Jndiciary Act 8 relied upon to sustain this proposition. ° That 3 follows :—*' That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, when # State dx a pasty, except between a State and its citizens; and except also betwoen a State in which latter ‘elusive jurisdic- plics to the | There is nothing, therefore, to deprive a foreign State of the right vuch foreign State has a Hight | brought in'e particular way, and that this particular the duly accredited minister of such foreign Tho claim is that where there ia & public minister from a foreign government, in whose favor a demand of right is made, resident in and ac- nized it be made by and through such foreign minister; veh, demand fk made by and through tte duly recog. nived public minister or other diplomatic agent; that a | clerk { : read in ewi- ait ia s court of justice in favor of m fowwiga sove- | Goure trom smith ast trom Corel war tt fede reignty is but a demand of right, upon the sovereignty mentality and aid of the rification of prejudices by the party deli to the party CReervant.”” extent ig the party contained, was never performed on the part ship, and the question is, is the ship responsi dama; for the non-performance? And that ques! depends upon the question whether, at the time ti charter party was entered into, Adam Smith was owner of the ship, or had lawful power and aut! from the owners to bind the ship, by the contract whic he entered into. On the 7th of July, 1852, and for ime previous thereto, Smith was owner of the +n the 3d day of ‘April, 1852, he then being owner, thd hip was sent by him, loaded’ with a cargo of morchan. dise, under the command of Capt. Artell Austin, on voyage to San Francisco. She arrived at her port destination on {88lst of September, in the same year. She was consigned to Charies A. Thackston. On the of July, 1852, by a bill of sale duly executed and record. ed on the books of the custom house in New York, Smith} sold the ship to Mark Cornell. There was a sufficient! consideration expressed in that billof sale. It was as between the parties to it, whether any considerat was paid or not. And whether any consideration wan paid or not, it was ‘against all tl such as might be defrauded by it. As devation was expressed in the bili of sale, that sufficient consideration will be presumed to have unt the contrary appears. en the bill of sale was exe- cuted, the ship was a1 80 that Cornell could not then take actual possession of her. She remained at sea until the Ist day of Soptember, when she arrived.at San Francisco. That bill of sale was recorded on the books of the Custom House in New York on the 28d day of July, 1852, in pursuance of the act of Cor which constructive notice was given to all that it had been executed, and that the title to the ship had Gee to Cornoll. After such constructive notice had given, on the 17th day of Ausust in the same year, ato time when Cornell been guilty ofno ce in not taking possession of the ship, by the libellant was ived as to who was the true owner. Adam Smith entered into the charter party set up in the libel. There haa been no sufficient proof adduced to im- yalidate that bill of sale, or to show that the parties te it intended that it should be anything different from what it purports to be on its face, an absolute bill of sale given for # sufficient consideration. And the maining question in this part of the case is, was Smith authorized by the owner to contract as he did com- tract? When a bill of sale is made of a ship, and, after the sale, the purchaser pormits the former owner to re- main in possession, treating the ship as his own, with the consent of the purchaser, holding himself out t the world as the owner, or as having ‘authority to bind the ship, in such a case, euch former owner has te contract go as to bind the ship. And when The pur- chaser neglects to take possession of the ship, when it is in his power to take possession, either by himself or his agents, or negincts to do that ‘which he ought to de in reference to the taking of ssion, by which a thir, tty contracting with the former owner is led to be- lieve that the title to the ship has not been changed, in such a case, such former owner, when contracting with such thint party, can bind the ship. In this case, at tha time the cherter party was entered into by Smith, Oor- nell had been guilty of no negligence in reference to the taking posses of the ship, She was then at sea, and luad been from the time he took the bill of sale. could not, therefore, take actual possession of the shi that And in order that a who might treat with the might have notice tBat the title had passed to him, he was the true owner, be caused his bill of sale, 19 Cornell, they Ofte Doty, up to that time, and fora short time wards, wasa clerk to Smith. He afterwards became = ence from Smith and from Cornell, and it is insisted om the part of the litellant that these letters, with the other evidence offered, show that Smith, at tho time the charter party was executed, either was the owner of the hip or had authority to bind her by the charter ‘The two first letters were dated prior to the bill ve when it is admitted Smtih was the owner of ‘Ihe next waa writton by Doty, his clerk, in his There is no sufficient proof to show that Cornell ha@ any knowledge of that letter. And if he had no edge of it, he could not be Honey Be It is 20, 1862. All that it aays about the futare of the ship is as folloys:—‘You will reecive wary orders ae to her future from signece, Messrs. Thackston & next i tain Capt. Austin as eu 5 given orders ship to Now York with ae musk di He aye Yohim:—" You will learn t chartered her to load tion being to necessary for me to otherwise em her, as t ate te ant her for the Liverpool trade.” Ther was the first letter whieh Capt. Austin received from Cornell, Hereceived it some’ of October, been informed by Thacks' at Ban Francisco, that Cornell had purchased the ship. ‘The ox of thoship at San Francisco, up to the time that the captain received the letter of the 22:1 of ber from Cornell, were cl the captaindo Smith, subsequent to this time they were chi to Cornell, Bat for the whole of such cxpenses which occurred to the ship at San Francisco, the captain drew @ draft on Cornell, before the whip sailed froma that the whole amount to about $4,000. From the whole of the Eesaan offeted, Ido not discover sufficient evidence = er eller A ghee that Smith was, on the Lith of Ai 1, 1862, the owner of the #bip, or that he wos antl by the owner, or by any one interested in the ship, to Gnd her @ charter party which on that day ho executed. juently, T find that the hip ia not bound to reapond in damages for tiv nC of the conteeet in that charter party contained, ie Georee therefore is, that the libel po ditmaiswed with come, ———————