The New York Herald Newspaper, February 2, 1855, Page 2

250 Affairs In Mexico. OUR YUCATAN CORKESPONDENCE. a Laguna px Teaminos, Jan. 14, 1855. ‘Popular Lethargy in Yucatan—An Outbreak Dreaded— Vessels im Port—Decline of Commerce—Trade in Log- ‘wood and Indéans—A Military Governor's Balt. ‘The American bark Cuba will leave this port to-mor- vow for New York, and I avail myself of the oppor. tunity to write you a short communication, although there is nothing of particuiar importance to apprise you ef. Every part of Yucatan isin a state of lethargy— @ complete stagnation ; and we resemble a people stumbling among the graves of our anceators—indeed, I might say that we are dozing on the surface of a vol eano, were It not for the fact that there is not sufficient eombustible matter to explode among the native popu- lation; yet every one inquires, ‘‘Wuat is to be the end of these things?’’ We are governed by men, not princi- ples; and should a popular governor come into power, the Santa Anna party may be sustained afew menths longer. Still dissatisfaction is the erder of the day, and any leader of ability could revolutionize the State ‘in a fortnight. ‘We have twenty-six vessels in port, and yet the cor- morants of the t swallow everything, and the people are worse off than when our commerce was limit- e@ toa dozen vessels. This extraordinary accession of eommerce 18, however, owing to the war in Europe. Many are ulating on the contingency of a great rise mm logwood; the current price now is 73g rials per tal. There has lately been discovered in the iaterior of this State an extensive arrangement, not to say vonspirac: for enticing the Indians to and then ¢; yortipg them to the south si iba, but I believe ‘those implicated will fail in the enterprise, as all the fo- reign Consuls of that island have beem apprised of the movement. ‘Our government here, as you are sware, is a military ‘one, and the Governor a very estimable mi On Ne Year's Day all the respectable foreigaers called at hi house to present their salutations, among whom was yeur correspondent; and in the course of conversation Felative to the policy of the supreme government, he re- marked that his contcience was now his guide, whiea, to ‘us who were acquainted with him, wemed ‘worthy of notice, He gave a splendid ball in the evening, which, as the phrase is, went off to to the entire satisfaction of every one; but ax a description of all the circumstances would only be a repetition of tue same subject a thousand times diated upon in your journal by 4 more graphic pen than mine, it is unnecessary to bore your rem with it or occupy the space. A few weeks ago a young man arrived here from one of the Windward Islands. He claims to be the natnral son of a former Governor of one of the States, and says ‘that his father now resides in Washington; but as his vagaries are harmless, he ban been treated with much kindness, Particularly by the Govermor, at the ballon Now Year's night. is evidently slightly deranged, and every exertion will be made to m im comforta- Die until his true position can be ascertained. YUCATACO, NEWSPAPER ACCOUNTS. » ‘THE REVOLUTION—SCARCITY OF MONEY--MOVEMENTS OF GENBAL VEGA - POSSESSION OF THS MESILLA VaLLEY BY THE UNITED STATES. Our files of Mexican papers contain no political news, and little general inteligence beyond that which we have atready published, The correspondent of the New Or- leans Delta, writing from Jalapa on the 21st of January, gives us some interesting items. He saya:— Thave little to state to-day, as things are quiet—that fe to say, because we do not hear anything respecting the revolution but it is, nevertbeless, going on, and Alvarez’s forces were the ‘other day near Cuernavaca, They are savage enongh, God knows, and out of a good eacert of fifty men, they Killed forty, not many days ago. Money remains scorcer than ever—so much so that gevernwent is trying hard to make the merchants pay in money the export duty of six per cent on fands oa the way down to Vera Cruz. It is useless to state that not Bait of this money i# cestined for shipment, and, there- fore, the extortion is as clear as daylight. The same ‘thing was done several years ago, and the receipts for such payment were afterwards refused by the Governor ef Vera Cruz, and are worth now 94 per cent discount, and no buyers even at thie rate. From this scarcity it Fesults, hkewise, that the greatest efforts are made to hold of the & per cent, and this sum is said to have m discounted by Mr. Escandon, the man who virtu: ally commands Mexico. It remains now to be seen what the secret service money, set aside for this purpose, can work at Washington, but peopie in the city feel conflaent ‘that their aim will be obtained. that Mr, Parres has been appointed Minister Mr. J. Gavaz ix said to be in prison, paseed through to-day, and a steamer is ready for him at Vera Cruz, where he will receive orders, some say for Matanzas, otbers for Yucatan or Coatzaconlcos. Is it to stop tbe Indian slave trade, or from fear of Col. Kianey, is more than | cantell A rumor ia current that Yasa- tan is to be sold to the English, who may, perhaps, bring it mm the market again. AMr. Alns and Ramirez were put in prison in Mexico for conspiracy. Santa Anna bas decreed that no more icenses for the importation of flour shall be granted. Another Jaw prescribes that all Mexicans travelling by vbe stage conch must be provided with a passport, in or- der to cetect conspirators. It ia raining here—a «ure sign that a norther is blow- ing in Vera Crnz, and so I hope this letter will bein time tor the ster» mer. Consideranie excitement is being caured in Mexico, we fee by the Orizaba’s advices, growing out of the fact that the government of the United States hay taken Posrexnion of the Messilla Valley, without waiting for 1 pulations of the treaty to be fulfilled—to wit, running of the boundary line—$3,000,000 of the rehase money having beea kept back by the United tes until that Hint should be fixed, the United States having agreed at the same time that ‘until the boundary Mme was fixed, the $3,000,000 paid, and the territory formally surrendered, she would not take possession of the country. The Mexican papers say “torcible” pos- seavion was taken of the territory by General Garland, on the 22d of November, and the laws ofthe United tates extended over the rame. ‘The correspondent of the New Orleans Bee, at the city of Mexico, writes that the revolution i: suming a for- midable aspect in the South, and that Alvarez and his Meuten have determined to advanee upon Mexico. Villareal has been made a General by Alvarez, an placed at the head of the first division of tno insurgents, and ‘the report is that he is masing forced marches. Gen, La Vega had left the city of Mexivo very prectpi ‘ately, and his departure had excited much speculatioa. ‘Thore beat informed ray he was about to proceed to ‘Tamaulipas, and relieve Gen. Woll of the government ef that department. Ht was generally credited in the capitol that Cuidad Vietoria bad pronounced against the government. General Vega Our Virgin Bay Correspondence. 1a Vinotiy, Jan. 12, 1855, Another Foul Murder—Arrest of the Guilty Parties. I bave to mention another horrid murder of a Califor- nian, committed here, whilst waiting for the boat. Some men were at Mr. Ford’s, inquiring for their oom- anion. Not finding him, some of the company rema n- ed to hunt him out; but he could not be found. I waa solicited to aid in the search, and at once suspected that the man had wandered away, and been murdered per- haps in the neighborhood of the former murder, com- mitted a year ago last April. I took Mr. Ford's brother with me, and, in order to avoid auspicion, we went in @ifferent routes. Ford, not being so well acquainted with the road as I was, missed me; but I had not pro- eeeded far until I was attracted by the peculiar whistle” or “alarm note” of a buzzard sentinel, and en looking I saw quite « flock of buzzards picking at s carcase. This proved to be the extended, putrifying and half eaten corpre of a human being. | returned tothe town for help. In company with a vast crowd I examined the bedy, and found a cut of four or five inches lovg inthe right side, just forward the crest ef the illiam; one in the left breast, penetrating heart; one under the short ribs, on the left side, and another on the throat, severing the windpipe. In the pockets of his dress we found $10 or $15, » draft on New York for $1,000, and his ticket for passage to New York. Another pocket was turned out, and hia frieads anid it was rifled of $300, mostly in $10 gold pieces, A ealabash and his hat were found near the body, but his beots were taken off. ‘A man and a woman have been arrested, but the most ilty parties left town on the night of the murder. 'y were pursued, and one of them arrested, leaving a man and woman yet at large. A woman has confessed that the man was enticed over a hill, aad when in con- verration with her, two soldiers (her friends) rushed on him and murdered him, afterwards robbing him. It is said that the soldiers will be immediately tried by court martial and shot. I hope I may see it done, 1, Tne Dovs.e Bary ar Lancaster, On10.—We stated a few days since that a strange case of malforma- tion had occurred at Lancaster, in this State, and pro mired a mcre full deser'ption. From the lower extremity of the breast bone—whero the junction of the two bedies takes place—upwards, ‘there are the upper parts of two perfect and well deve oped infants—two heads, two pairs of arms, two chests, two #, two hearts, two pairs of lungs, aod two vers. ‘the same point downwards, the’ blending ‘of the two systems into one becomes more and more ia timate, until it seems almost perfect and complete, The intestines, and all the lower organs, arein common with @ommon ferminii, and the legs made up of the right lng of one and the log of the other are a pi im the Oe position relative to each ott ip their vicimity. In the rear, however, the anion ia Jens perfect, there being two well devoloped spines, each terminating in a separate os coceygis ie peculiarly strange, the two loner leg dislocated at the hip joints, are thrown backwards and upwards, and joined her, are found passing under the true akin of the back of ‘the body upon the right, the fest being extricated and stan’ = up heel to heel, nearly in ita face, The child isa ferasie, with Sear a per: fect sexual organization. The bodies mot exactly face each other, but are more nearly face to face than aide to aide. is apparently more robust than the other, arid it is evident that in ny of the character- by A Cg they different. Asooe capable of suffering w the other is eio' it follows that ‘thei inn at: aml, what canter. Al- ste, it in the the chances are in favor of ite surviving. The ease is in the hands of Dr. Boest- Jer, one of the ident physicians of the State, whose skill in of high commen- ite treatment is spoken of in terms of hi ‘@ation.—Oincinnati Commercial, Jan. 30. NEW YORK HERALD, FRIDAY, FEBRUARY 2, 1855. administrat governmental Territory of Utah. The bropriety of such a be stionable, "and I rr bea of the press to 0 i to which the press has jurious circulation. Gov. Brigham Young bas been superseded by e miltary genilemaa, woose appoint ment the Senate has confirmed. I may, therefore by a:briet explapation, vindicate the character 0 Gov. Woung, without suspicion of motive to secure his Kone which might create distrust of the facts to which I appeal. By the tweiftn eto oe the act of the 9th of September, 1250, entit.e i an act to establish a Ler. Mtorial government tor Utah, the sum of twenty thoasand dollers-wes approp:iated to the Territory, to be applied.by the Guvernor aad Legislative Ae fembly to the erection of suitabie puoltc bu ldings at the seat of government. Tuat sum wis advanced to Gov. Young, in the month of Ju'y, 1851, and he bas been unwarrantably charged with a misappliva- tion of that money. Of that acoutation a very simple statement wili be an am»le refutation. On the 30th of September, 1853, Governor Young rendered ap account aud vouchers, setting forth the expenciture of ten tuouvand thre» hunired and seventy-three dolisra ard forty eight cents. Or thie sum the Hon. Elisha Woittiesey, Firet Comptrolier ot the Treasury, allowed eight thousand sevea hua- dred and three dollars and niaety-eignt cen‘s, but Girallowed one thousand six hundred and sixty-nine dollars paid for the services of various persons a3 & committee and otherwise, including travelling ex penres on an expedition to selevt a site for the seat of government. Mr. Whittlesey objected to it as an unusual charge, though its necessity must be appa- rent. However, that sum deducted, the balance amounts to eleven thousani two hundred and ninety-six dollars and twe cents, for which Gover- nor Young holds himeelf resdy to ac.ount. ‘he Indan hostilites which have troubled tne Jerri- tory, and other causes, have delayed the completion of the public buildings, but Goveraur Young hus given notice to the Secretary ot the freasury, as the best refateticn of the accusation against him, that he will bono: a drafts at sigat, if that offiser of the geneyal government mil draw upon him forthe unexpended balance in his hands. Con other evidence be necessary to show the wan- tounees of Governor Young’s assaiiansa? Payee tbat pave borne the character ot rewpectavility, with intemperate zeal, have paudered to prejadice, oa no more substantial basis. On the one nani Governor Young isjrepresented as defiant to the general gov- ernment, threatexing hostulities towards aoy gentle- man that may pe sent to succeed him, aad on the other the people are said to be disloyal to tae Xap O- Vernment; and, in the imagination of zealots, armica are marsbalied in bsttle array, aod Utaa is atready 8 field of blood. Captain Stansbury, of the corps of Topographical Engmeers of the Uvited States acmy, who, in his exploration and survey of the valley of the Great Sait Lake of Utaa, had ample opportunity to form & correct estimate of the people among whom ne +0 jong dvelt—and he will mot be suspect ed of pactiality to Mormonism—-in his report to his superior officer, whica the United States Ssaate aud the House of Representatives published, ssys he feeis confident thst the impusations walsh have been made sgamst the personal character of Governor Young, sre witout foux dation, aud that his persoa- at reputation is above reproach. : Certain it ia, says he, that the most entire confidence is felt im his integrity, personal, official, and pecuniary, on ibe part of those to wom a long und intimate asa>- ciation, and in the mont trying emergencies, have af- forded every possible opportunity of formang a just and accurate judgment of his true character. The disloyalty of Governor Youug and the people of Utab 1s aisproved by tue same unquestioned aod unquestionaie authority. Au illustrative incident dp the bietory of thas people may pat to suame their aesailants. 1 quote sgain from Capt. Stansbury: — In their progress westward through the northern part of BUssouri, they were again driven from that State by violent threats into the Southerm borders of flowa, whence, alter much hardships and suitering, they reached, in the course of the summer, the banks of the Misrouri, beyond the limits of the States. Here they enclosed land and planted crops, leaving some of their pumber to reap the fruits, which were to be applied to the sustenance of other companies that were to follow a8 soon as they should be able to procure means. They were about crossing the river to pursue their Journey westward, when an officer of the United States, overnment presented himself with a requisition for five fundred me to serve in the war wita Mexico. Tuis demand, though sudien and unexpected, was promptly and patriotically complied with, but, in consequeace, the expedition was broken up for the season. Those that remained teing principally old men, women and children, prepared to pass the winter in the @illis of an Indian country, by cutting hay and erecting log aud sod huts, and «digging a8 many caves as time allowed aud their strength enabled them. In another portion of the work, Captain Stans bury Beye :— From all that I saw and heard, Ldeem it but simple justice to say, that notwithstanding these causes ot irritation, # more loyal and patriotic people canaot be found within the limits of the Union. This, I think, was +mphatically shown in the promptitude and cheerful- ners with which they responded to the call of the go vernment to furnish a battalion for service during the Mexican war, while in the heart of an Indian country, and on the eve of along and uncertain pilgrimage into an unknown wilderness; they were suddenly cailed upon to surrender five hundred of their best men to the ba- zards of a hostile campaiga, and the exposure aad vicis- situdes of a march of two thousand miles across track- less deserts and burning plains, to fight the battles of their country. Their pecaliar ‘circumstances preseated almost insuperable objections to a compliance with the requisition, yet not the slightest hesitation was evinced. You shall Bave your battalion at once,” was the reply of Mr. Young, “ifit has to be @ class of our elders,’ and in three days the force, recruited principally among the fathers of iamilies, was raised and ready to march. Here certainly was no evidenc» of a lack cf patriotism. The same author quotes from addresses delivered by Brigham Young, in which he expressed his ex aited estimation of the coastitation of the Uaited States, ond t: e Jaws enacted in subordination to it, exhorting the people to magaify the laws, and ss- suring them toat “ there 1s no Jaw in the United States, or in the constitution, but I am ready to make honorable.” Che author then ad The following language, used by General D. H. Wells at the celebration of the fourth anniversary of the ad vent of the Mormons into the Valley, will show, I think, what were the feelings of the people:— “It has been thought by some that this people, abused, maltreated, insulted, robbed, plundered, mar- dered, and finally disfranchised and éxpatriated, would naturally feel reluctant to again unite their destiny with the American republic. * * * * * No wonder that it was thought by some that we would not again suvmit ourselves (even while we were scorned and ridiculed) to return to our allegiauce to our native couatry. Remember that it was by the act of our coun- try, not ours, that we were expatriated; and then con- sider the opportunity we had of forming other ties Let this while we lift the veil’ and show the policy which dictated us, That country, that constitution, those institutions, were all ours; they are still ours. Our fathers were heroes of tae Revolution, under the master spririts of an Adams, a Jeiferson, and a Washington, they declared and maintained their ide. endence; and un Jer the guidance of the spirit of truth, Brey fulltliled their mistion whereanto they were seat from the presence of the Father, Why should we re- Lnquish our interest in that country made dear to us by every tie of association and consanguinity’ * * * ‘Those who have indulged sueh sentiments concerning us, have not read Mormoni«m aright; for never, no, never, will we desert our country’s cause; never will we be found arrayed by the ride of her enemies, altnough she herself may cherish them in ber own bosom; althoagh she may launch forth the thuuderbolte of war which may return and spend their fury upon her own head; never, no, never, will we permit the weakness of human nature to triumph over our love of country, our devotion to her institutions, handed down to ws by our honored sires, made dear by a thousand tender recollections.” Sach, surely is neither the language nor the spirit disloyal people. S Captain Stansbury eleewhere says:— Direct charges have been widely published, seriously affecting the patriotism and personal reputation of the Mormon leaders, as well as of the feelings of the people toward the general government. Such doubts and ap- Prehensions are, in my judgement, totally groundl And the charges { believe to be either bared upoa pre: dice or to have grown out of a want of accurate infor- mation, A residence of a year in the midst of the Mor- mon community, during the greater part of which Period I was in constant intercorase with the ralera and People, afforded much opportunity for aseertaining the Teal facts of the case, But persons who never approsced the longitudes in which Utah lies, hesitate not to denoance the Mormons as rebe's and traitors, and by a perversion of of facnane attribute to Governor Young a defiant spirit. Governor Young has never tireatened op- position to the general toa nor have tne people of the Territory of Utab failed to respect the federal laws. The lan- has been perverted was the exposition in the goveroment of God, snd the expression of his devout submission to the Providence which rules all created things. He believes that if it is God’s good pleasure that he ball to private life or contivue Governor of the of Utah, distingatshed station in the gereral government, and political preeminence among men will be powerless to change the designg | gmith to mon pe coms ly with the of tie gereral government, “so far even wit a copy «f their lawe, or @ statement ey) expenditares.” Of the en said already, and of the former fi ient to sey that it was not their duty. The federal goctrnmaes provides it to discharge that and other dat on a perusal of the law iteelf. Sec. 3, There shall be a Secre ot said Territory, who sball reside therem, amd hold his office for four removed bj Presioent of the i constitu! ernor in his executive aspartate copy of the laws, and one copy of the executive proceed: ings, on or before the first day of December in each year, to che President oe Sais sie became hr a a time two copies of the laws to the or of Hepresentatr 8, and the Presideut of tue Senate, for ‘the use of Congress, If there bad been reglect in the discbarge of these duties, it would not have been the megiect of Mor- mons; but truth and justice require the statement t> be made that the Jaws have been transmitted to the executive authority, and te the Cong:eas ot the United States, Governor Youngs assailants have also charged that he i ‘ained by ® military force in oppo-i- tion to federal authority, rhirty tnoasand men in arms, #aye one writer, and seven thousand discip lined troops another, support Governor Yonng in Tis contumacy. That there are arms in Utab to keep the Indians in check no one wil deny. What frontier settlement has them not? Toas there may be volunteer companies of militia is aleo true, and in this respect Utah is pot unlike every viliage in the land. But Governor Young is like the Governor of every State and Territory in the Union in his meens of defence. He bas no aniitary power that is not possessed by all men in hia station. Anarmy is nt necessary in Utah. Of the people o: that Territory, Gen. John Wilson, of whom Mr. Smith writes aga citiaen of tre firfs respectability, and officer of the federal government in Californie, hi said in @ Jetter to the Hon. Truman Smith, then a member of the Senate of the United States :— A more orderly, earnest, industrious, and civil people, 1 have never been amongst than these, and it is incredi- ble how much they bave done nere in the wilderness, in soshorta time. In this city, (Salt Lake,) which con- tains now, as I believe, about from four to five thourand inbabitante. [They are now nearly double that num- ber.] I bave not met ina citizen a single idler, or any person who looks like a loafer. Their prospects for crops are fair, and there is a spirit aud an energy in all that you see tha: caunot be equalled in any city of any size that I have ever been in, and I will add not even in Old Connecticut. Of Governor Young, the Hon. L. H. Read, the late Chief Justive of Utan, who waa sent cut by the federal government from the State of New Yo:k, says: received by Governor Young with marked cour- ct. Hehas tasen pains to make my resi- dence here agreeable. ‘the Governor, in manner and conversation, is @ polished gentleman, very neat and tasty in dress, easy and pleasant in conversation, and [ think 1 man ef decided talent and strong intellectual qualities. I have heard him address the people once oa the subject of Man’s Free Agency. He is a very exeel- lent speaker. His gesture uncommonly graceful, articu- lation distinct, and speech pleasant. I was extremely ecified by his address and manner. The Governor is @ first rate business man, His private business is exten- sive; he owns several grist and saw mills; is extensively engaged in farming operations—all which he superin- tends personally, I have made up my mind that no man has been more grossly misrepresented than Governor Young, and that he is a man who will reciprocate kind ness and good intentions as heartily and freely as any o ‘Thet. Colonel Steotoe willl dissent froma the testi- mepy ot the late Chiet Jastice Read is not an‘ici- pated. He baa bad the meaus of observa- tion, and 1s enabled to know that the inhabitaa's of Uteh csve been maligned by me who, to secure the reputation ot writing con spirito, sa uifive trata and decency. Aa @ peopie, they are honpitable to sigabgers, respectful to autho ity, and loyal to tha government. To prove themselves good meabers of civil scciety, they cau point to the iaoor they have verformed, aod the thnivicg villeges and fertile farms into which they have coavertea @ cistant wil- deroers. They desire to enjoy in peace tne frat for which ti ey have toiled. Very respectfatly, your obedient s:rvant, Joun 4. Bean nisen, Delegate trom Usau. Desperate Conflict Ina Hose House In hila- detphia. TWO FIREMEN STABBED—-ONE DEAD, [From the Philadelphia Bulletin, Jaa. 29.) Between one and two o'clock yesterday morning, a desperate fight occurred in the Warren Hose House, in Parker street, between Eighteenth and Nineteenth, which bas resulted in the death of one of the partie and placed the life of another in canger. The facts, as we have gleaned them, appear to be as follow: num- ber of young men, who are adherents or racnera with the company, and in the habit of “bunking” in the hose house, got mto a dispute, which ened ina desperate scuftle between Robert Smith and —— Roundtree, in which Jobn Hunter aud James McCarty interfered. Smith drew a knife aud stabbed Huvter in the abdo- men, and thee plunged the weapon in the neck of Me- Carty. Information of the sanguinary conflict was lodged at the Rinth Ward station house, and (ieutenant Weltmore proceeded at once to the place, and with the assistance c/ several members of the company, succeed- ed in arresting Smith on the charge of committing the ieed. ‘Yesterday afternoon the prisoner was taken before police magistrate 1hompson, and after the examination of several young torn, who were in the house at the time, he was committed to await the result of the in- juries of the wounded, Huntee. aged about 19 years, was taken to his resi- éence in Ann street, between Nineteenth aud Twentieth etreets, where he was attended by Dr. Russell, He ex- pired between four and five o'clock th ring. MeCarty was conveyed to hia residence, corner of Twenty-second and Filbert streets, and up to the present writing there is little or no hope eutertained for his ro- covery. The wound in his neck is about one and a half inch in length, and extending upward, The pr soner, Sm th, admitted voluntarily to the lieu- tenant that he stabbed the parties. He appeared to be sober, and the weapon uxed was a pocket knife, Hunter died at the Pennsylvania Hospital, whither he was conveyed from his home in Ann street. He was employed in ® store in the neighborhood of Third and Market streets, the fol'owing is the evidence elicited before the police magistrate Thompson, at the station house in Filbert street, where the examination touk place:— Mitcheil Graham sworn.—This morning, between one and two o'clock, a young man named Roundtree was s’Dging at the Warren Hose house. in Barker street; the defendant, Robert Smith, told him to stop; he kept on singing five or six minutes atter he toid him to stop; then Smith went over to bim, and strack him; Rouad- tree got up and struck him back, and they were fighting for five or six minutes; during that time Wm. Lockhart and Mr. Ferguson tried to separate them; then Smith halloed out ‘‘Where’s my cap?’’ and went to the far end of the room to get it; he then came running up with @ knife open, and struck John Hunter and James Me- Carty; he struck Hunter in the pit of the stomach, and struck McCarty in the side of the neck. Hanter ran down stairs, and by toe time he got to the corner of Schuylkill Fifth and Barker streets, he was so weak he could go no further, and was taken to Dr. Raasell’s, in Seventeenth street, between Chestnut and Market; Smith, about fifteen minutes after he struck them, raised his right hand foretinger, and inting with one of his fingers of bis lett hand, said: “G—dd—n them, I have given them that much, and intend to kill them,’ I saw a knife io his possession some time before, the blade of which was about three inches and « half long, arid I judge it to be the same knife, because [ never saw him with any other; the parties seemed to be on friencly terms so far a8 1 know; Smith was sober at the time. Wm. Elliott, sworn one o'clock, ® young m: in the Warren Hose house: quiet, he kept on singing and struck him with fist; Roundtree steuck Smith they were scuflling together for about five minutes; three or four were trying to separate them; they got reparated, and it seemed to be all over; I was standing by the stairway; I saw Hunter come by, and said he was stabbed; he went down stairs, and [ ‘went down after him, and McCarty and Hunter went aroued to Dr. Robrer’s, and when I got there they were ringing the bell, The Doctor said he was sick and could not come down, and said take him around to Dr. Russell, Going along, Hunter told me to take hold of his arm, that his eyes were running around, and he could not’ see; Mr. floan went ahead and waked Dr, Russell up; we took them to Dr. Rusvell’s office; he told me to take them home, and he would visit them at their nomes; Wm. Cook and I took McCarty home. I saw McCarthy wheo the doctor cwme; and he was going to sew the cut up when I came McCarthy was stabbed in the neck ; 1 did not see wound, William Cook way sworn and corroborated the evidence of Grabam and t, he also testified follows :-— When Smith picked wp his cap, he said he would get his knife out and he would cut them, the next thing I saw, he had his knife open and two or three had hold of him, trying to put bim back; the first thing I knew after that Hunter was ranping down stairs and he said he was cut in the stomach; I didn’t hear no more of it then until they all went down stairs, and five minutes after Smith showed me the length of hin blade, aud there was blood on it, about two inches of its length; he saidhe had given them that much, and he intended to kill them; that was all be said to me; he wiped the blood off on the door jamb; he was sober; he did not seem excited then. John Evans was sworn, and corroborated the state ment of the other witnesses. He also ssid:—Smith said I want my cap; I saw Smith with the knife in his hand, down floor, and swinging it about; be said, ent some of you trail out,” I eaw Smith strike both Hunter and McCarty; one of them halloved out ‘I am stabbed;’’ I heard Smith sa; a them about two inches; fe; he afterwards took his hand. kerchief and wiped the blood off the knife, and said, ‘I wonder who has the worst of it.” the knife off, some one cam had “done tt,” “I om sort, be #0, let it go so; I didn intended iM them, ’” After This morning, about half-past haps evidence, the Alderman committed Mr. Soule and the Administration. (From the New Lpacerrentipra acs =I community were somewhat Ld morning, at. g a i rH z a ee iF Mr. Soulé would cling to his office the close of the present administration, or until + Pierce should think proper to recall him. A spon- taneous surrender of bis functions was eatirely unex- pected, and sets politicians all agog to know the why and wheretore of this sudden change. Now it is a very curious fact, that while we here had the slightest intimation that Mr. Soulé resigning, the New York Hexatp of the 10th cd return to the United States. 55 H auncunces authoritively that Mr Soulé bss resigned position, and will sect at juarters, Washington. This the Hxratp’s facilities tor ob- nce of its cotemporaties, assumption of oracalar pretence. Touching the motives which have induced Mr. Soulé rede there is @ very eu with the tem and vacillation of the President in regard to t question. Mr, Soulé accepted the post of Minister to Spain with the distinct understanding that his energies were to be directed to the acquisition of Cuba. this object in view, he proceedd to Madrid and took a high and somewhat imperious tone in bis communica- tions with the Spanish government. It will be recollect- ed that his demand of a heavy pecuniary indemnity was declined by Spain. Thereupon, Mr. Sould closed the negotiation, and reported the tacts to the United States government. According to the HkRAzp, in doing so, he twok occasion to give his views length as to the con- dition of affairs in Spain, and express his convictions that if the United States adopted a vigorous and decided licy, Cuba in less than six months would be ours. Bat us he did not desire that his mere dizit should be taken, he suggested a conterence might be held with Mr. Buchanan and Mason, where he would fully explain his views, and @ joint report could be forwarded here of the result. This proposition was favorably entertained, and the Ostend Conference was held. At that meet ng our relations with Spain was the leading subject of dia- cussion, Mer Buchanan, Mason and Soulé united in recommending that the government of the United States should declare, in effect, that it was useless to prolong negotiations further—that so long as Cuba re- mained a dependence of the Spanish crown, it would continue to be a svurce of annoyance and injury to us, and that both our honor and interest required we should either purchase or take Cubs at once. ey farther ex- pressed the opinion that Eogland and France would offer but little, if ary, opposition to the transfer by purchase of the island to the United States. £0 far, Mr. Soulé’s opimons seemed to prevail, but after a while the Nebri excitement broke out at home; the democratic party was beaten everywhere; the coun- try seemed completely abolitionized, and the President feared that the annexation of Cuba, as a slave State, would deepen the excitement,,and would be resisted with the utmost pertinac: Mr. Marcy sided with him in these views, and a maj ‘of the cabinet were brought over. Consequently, the acquis tion of Cuba was post- poned indetinitely, and Mr. Soulé was instructed to re- turn to Madrid, and re-open the negotiations for a settle- ment of the Black Warrior affair. This change of front ‘was supremely disgusting to Mr. Sould, as he once be- fore abruptly closed negotiations with the Spaaish go- vernment, and considered that he couid not re epen them with honor Feeling himself thwarted and humiliated by the shuffling conduct of his government, he determin. ed to resign. We beg che reader to understand that this explanation belongs to the HeRatp. We have simply condensed its statements, It is but fair to add, however, that the sur- mises of the Herap have every appearwnce of plauaibil. ity, and we should not be the least astonished at seeing them literally verified. The HeRaLp says that Mr. Soule will return bome with feelings of hostility towards the administration, ani determined to lay the facts before the country. ‘This will at once bring up the Cuba ques- tion, and force the adwinistration to show its hand, The American Clergymen tn Canada. A CLERICAL BREAKF.ST IN MONTREAL—SPERCHES OF AMERICAN MINISTERS. (From the Montreal Gazette, Jan. 20 } On Friday morning, between eighty aod ninety per- assisted at a public breakfast given at the St. Lawronce Hall to those clergymen who had come from the United States to attend the auniversary meetings held here during the past week. The reunion was a most pleasant one, A. F Horns, M.D., prosided: and after due justice had been done to the edibles; teadered, on belief of those assembled and the Evangelical Christians of Montreal geoerally, their cordial thanks to the Rev. gentleman who bad come from their distant homes to aid them ia the celebration of their anniversaries. ‘The Rev, Mr. Kink first responded—Kind words were and there was no kindness like Christian He thanked them heartily for their kind # towards him and bis brethren. He had seen many Christian festivala, but never passed so days xo satisfactorily defore as on this occa- rejoiced in the unity growing up between Britain, the United States and Canada. The tuch as to call ‘or # profound consideration of coming events. All the world seemed to be coming together— cid ruperstitionn to be breaking up—old bar- riers to truth to be breaking down. ‘The order of nature was being followed in the moral world. The ground had been prepared and sown in the autumn; autuma and winter were passed, the blade had sprung up inthe spring time, with the summer came the ear, aad the har- vest seemed fast ripening for the sickle With regsrd to their progress ip Canada be had remarked with pleasure two or ‘bree things which had taken place in their legis- intion since he was last here, First, the reciprocity treaty, which bound them more and more closely togeth- er, creating ap annexation—zot a political, which they do not care about, but a social and ecmmercial annexa- tion to the United States, by means of their railways aud new avepues of commerce. Then there was an act in which it was declared that it was expedient to abolish all semblance between Church and State—a doctrine which they could not but rejoice to see adopted, since all such unions, they held, brought the church’ down into the world, not the world to the church, And a third thing he’ bad marked with pleasure was the abolition of all feudal rights and duties, He re- ferred also to Englishmen offering to take the American missions in Turkey under their charge and supportin; their missionaries, and, when that was declined, sti contributing handsomely to their eupport, thus laying national pride on the altar of Christianity.” A war was going on in Europe of which no one could now ree the issue; but one thing he believed certain, that from this time forth Turkey was to be reckoned as forming one of the Furopean powers, and subjected to western Chris- tianising and civilizing influences. The war waa also teaching another lesson—it was learning the world all the horrors of war. It was God who sent the Times's correspondent to the Crimea to picture forth all the terrors of this ssourge, and the man who hereafter, for any ambitious designe, should plunge the world in war, would be universally execrated. It was strange how men could be found in the United States to sympathize with Russia in thie war; yet there were some such in that country, Yet standing the tirades of some newspapers, the hearts o! the Christian people of thelr country were filed with earnest sympathy for the # their cause. He ended by enjoining on those present the necessity for still more earnest, constant prayer for « blessing on their lal The Rey. Mr. Woxcuster, after a witty allusion to his being “a volunteer perforce,”” in # on the occa- sion, repeated « raying of an old missionary with regard to Canada long ago. ‘‘Why,” anid he, “if we don’t take care and civitize and Christianize tho-e Canadians, they will be coming down on us as the barbarian hordes from the North did on Southern Europe.” (Laughter.) What would have been the good man’s feelings if he had seen what he avd his brethren had seen during the week. His father was an old school federalist who loved England as his fatherland, and nated France and its red republicans and its military Emperor. He must say that in those his young days, he was dazzled by Napoleon's great ex- loits, and rather sympathised with him, and disliked ritain. But later in lite bis feelings had’ undergone a decided change, ana he now felt his oid father was right, his Jessons of the ol! tume came back to him. That was agloriour saying of Canning, ‘England and Americ mother‘and daughter, united, they may defy the worl/| He rejoiced that they now were 40 closely allied im good Christian works. It was a pleasing thing that on the very day of the battle of Inkermann the American misionaries at Oenstantinople were mbled to pray for success of thealiied arms. The rev. gentleman next referred to the visit of a Montreal clergyman to some of thelr meetings, and the manner in which he had alluded to the fact, that tmight be well to expunge from their school books some of the expressions calculated to create in the minds of the children feelings of hatred against the fa therland. He hoped to see thet hint acted om, and those feelings of bitterness entirely extinguished. The reverend geotleman also dwelt at some length on the exploits of the Know Nethings. The heart of the Ame- rican people was thoroughly with the allies, and if there sometimes appeared in the Dewspapers some harsh qri- tings, they must pardon something to the irritation caused by the onkind words which now and then came to them from over the water—such, for instance, ‘when Fngland and France had done with Russia, the would turn their attention to th fairs of the Ameri Continent.’ John Bull had been well represented by Irving asa fidgety old gentleman, always looking about o nee if there wah not some quarrel going on, or some wrong to redross, which required his interference, yet very unwilling that any one should meddle with his af. faire: and if Brother Jonatl manifested similar 1 ngs sometimes, they had but to mber from who he wan descended, Tt would take a tremencous pres- United States and inpute about the Ore- with horror by al! sober species of parricide, and earnest prayers were offered up that it might be averted, and those prayers were heard. Rev. Mr. Woon (Secretary of the American Board of Missions) next res) ed. It was not the first time he bad enjoyed British hospitality or experienced British sympathy. At Singapore and st St. Helena, and daring ten years residence in Turkey—in all the: laces he had’ enjoyed the hospitality of hin English feilow. country men—for as such he bad learned to regard them. He was not the less an American at heart; but, from the oven in which he bad been placed, he could not ishmen and Scotchmen otherwise than as his resily allied—not by exiting between Brit objects, and among them for the antexation of Turkey to Christendom. The happiest yeare of his life had deen spent in Turkey, and it w imporsible to have lived there as he had done without feeling admiration and affection for the British A: - sador, Lord Statford de Redcliffe. He made no distinc- tion between American and issionaries, and the former had been admitted to an audience with him | whem British subjrctshad been denied. He acted thus sons, oumbering among them a goodly number of ladies, | Mobammedan at his post be about. No one, he parts of the world of freedom, of civilization, and of Christianit; almost the same pleasurable emotion as filled at the sight of the stars and stripes of his own loved country. Everywhere in eathen world the mission- aries of Britain and the United States were working side by side, and band in hand. He could not but look upon the two countries as specially raised up by Providence torpread abroad the light of svenee Voenpncet the globe. ‘The reverend gentleman con- cluded with rome remarks upon the present aspect of affairs iv China. Mr. Hickey followed, saying, im the course of his re- marks, that any ry mpathy expressed in the UnitedStates with the Czar, came ‘rom those who favored that curse of their own country—negro slavery. M. Jonw Dovcars then moved the following resolu- tion, which was seconded by Commissary-General Robin- sop, and passed by acclamation: Resolved, That the exhibition of unity among Evange- 2 cal Protestants affordea by the great meetings of the iresent week, and by the presence of cur honored friends from a distance, is not only to ourselves like the dew of Herman, but to the common enemy an evident token of discomfiture, and an earnest of success in all our efforts in the cause of Migs ar Rev. Dra. Taylor, McGill and Wilkes, and the Rev. Mr. Frazer, also made short addrevses. In the course of his remarks, Dr. Taylor said there were papers on this side of the line which made the most of aay unkindly ex- pression by papers in the United States, and fostered, he Tegretted to see, the il feeling created, e company broke up after singing the Doxology, all apparently pleased with the entertainment. Politecal Intelligence. MOVEMENTS OF THE KNOW NOTHINGS IN THE TWENTY- NINTH DISTRIOT—FIR8T CLERGYMAN IN THE LE- GISLATURE. From the Rochester American (whig) Feb. 1.] The battle between the American party on the one hand, and the Seward and barn burner allies on the other, has been fought ‘Sam’ passed over the Twenty- niptb Senate district on Tuesday, and at the going down of the sun recorded his achievements, Cwsar-like, in three emphatic words— Veni, vidi, vici. "The majority of William H. Goodwin, the American nominee for Senator, will probably exceed two thousand. Several circumstances combined to give interest to the election. The district is the one recently represented by Myron H. Clark, now the Seward Governor of the Scate. Inceed, this election was to fill the vacancy caused by his resignation, Governor Clark, at the instigation of the Weed and Seward managers in Albany, had lent himself to an unprecedented trick for the purpose of preventing his own district from exercising its just rights in the United States Senator election—a trick utterly unworthy of any public man, however weak and unscrupulous, When this manceu- vre wan defeated by the passage of an act ef the ly sis- lature, and it thus became evident that the managers .$ Albany could not silence the voice of the district on the 6th of February, the Governor sent his Inspector Gene- ral, attended by @ strong posse of experienced politicians from Albany, to carry the election hazards and gardless of expe Still, to make assurance doubly secure, a strict al- Lance 'and cordial fusion was effected with the Seymour democrats. It was naturally supposed that in @ dis- trict where the Seward meo always had majority not far from two thousand, and the barnburners stood next in poiut of numbers, such a coal‘tion would prove in- vincible. The counties which compose the Twenty-ninth district —Ontario and Livingston—have no cities, or large col- lections of foreigners, They embrace some of the best territory in Western New York, and a population not surpassed, if not unequalled, in the United States, for intelligence, independenee, virtue and gencral respecta- ate It was evident that the vete of auch a district would carry with ita powerful moral influence. Gov, Seward’s friends felt that the result must tell upon the pending action of the Legislature. They professed to ave no necd of another vote in joint ballot for their favorite cencidate, yet by their extraordinary effort to carry this special election, they practically acknowledged that Sewardism was on its trial in a region always deem- ed most ‘able for ita succeBs, and that its defeat on such a battle-ground would prove not only disastrous, but deadly. Well, the result is before the people of this State. All who have ears to hear, know it; all that possess eyes may see what it means, ‘The people have uttered their verdict, Im the face of power, in defiance of both pro- mises and threats from Albany, they have placed upon the walls of the Feward palace an incription ominous as that which paralyzed the infatuated King of Babylon in the midat of bis revels, when “bis countenance was changed and his thoughts troubled him, so that the Joints of bis loins were loosed and his knees smote one agyinet enother.” [From the Rochester Advertiser, (dem.) Feb. 1.] it seems to be conceded that Mr. Goodwin, the cand: date oppored io the woolley baraburners in Governor Clark’s dintrict, ban been triumphantly elected Senator. ‘This result was confidently expected by a large majority of outsiders, and much hoped for by raaay. We are rejoized at the result for two special reason’ Those who have been so loudly clamoring about ‘“coa tions,”” and by a false scent endeavoring to lead off the electors from a sight of the true issue, have been disap- pointed and sigoally rebuked, The woolly barnburaer ailiance’h Their’ soft, barnburner, Maine law, anti-Maine braska, anti-democratic candidate. As the Governor was elected, the candidate for the succe Senate expected to win, especially since the anti-Maino, free soil softs turned in like the Hessians of old to swell the array. They went to battle, shouting ‘“coali- tion with the whigs,’’ and by the very game charged upon others, met the fate they #o richly deserved. We care not for ali this. Such a small trick does not often succeed, and doubtless in this instance it was the cause of awakening the electors of the district to # just sence of their situation, and of inciting them to » proper resistance. A sterling democrat was nominated, and, as it ap- Pears, was sufliciently popular to be elected most t Frac pae 9 That he isknown as a reliable and able democrat is the best thing about it, and for this we feel as if the electors of the Twenty-minth have done the country some service, We do not desire to compare Mr. Gooéwin with any of the honorable gentlemen with whom he will sit in the Senate, but it will be found that the district will have no cause to feel that they have not as able a repre- sentativeas any in the State, and we congratulate the electors upon such an advantageous exchange. From the Albany Argus, Feb. 1.] The new Senator from the Twenty niuth district is a clergyman of the Methodist denomination, who has been actively devoted, up to the present time, to the duties of his profession. He is the first clergyman who haa ever occnpied « seat in the Legislature, and his advent com- mences a new era, so far as relates to the class of men who are likely hereafter to be our lawmakers. Indeed, he may almost be said to be the first clergyman who ever held any civil office in the State, The firat constitution of this tate, adopted in 1777, contained the following section. “and, wheress, the ministers of the gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought not to be diverted from the t duties of their function; therefore, no minister of denomination wha soever, ter, under any pretence or tion whatever, be eligible to or capable of holdiag civil or military office or place within this State.” cisely tbe same section was contained in the con- stitution of 112, and remained a part of the fundamen- tal law until the adoption of the present State constitu- tion in 1846, when the ineligibility of clergymen to office ‘was removed, and they were left im the same position of other citizens in this respect. Very few instances have occurred, we suspect. since the adoption of the present constitution, in which they have accepted any office, however unimportant. We have no caseof the kind in our recollection, except that of Rev. Dr. Luckey, who was choren by the Legislature to the office of Regent of the University, which he still hold Public opinion very Use f acquiesced in the boa priety of abrogating the constitutional provision which excluded clergymen from office. There is no ground of principle f ing s distinction between them and other profe «1 occupations in respect to political rights, All citizens should stand upon the rame level in the eye of the constitution and the laws, Whether the practice of office holding on the part of the clergy, should it become common, would tend to ele- vate the standard of character in the sacred profession, or to secure for itincreased respect, veneration and ia- fluence awong the people, may well be doubted, We may add thet we hear the Rev. Senator elect from the Twenty ninth district epoken of, even by those who Crpored bis slecticn, in favorable ‘terms of commenta tion or in respect to both intellectual and Christian charac- (From the Rochester American, Feb. 1.] We uncerstand that gunpowder fora huadred guns changed hands yesterday at quick prices. The powder had been tought on ‘Tuesday bi the “little Sams’ and wax sold yesterday to the ‘Hindoo Society’? for their own purposes. It was ® poor investment for ‘little Sam” and shows that children should not play with ex- plorives. Are there 00 “people” in Orleans or in the Twenty- ninth district? managed to vominate their candidates. On election day they come up misssing, The “people” are, then, Amer- icans. Itis Lagos ed that afew shaky knees and tremulo: limbs at Albany will feel the effects of the Ontario Livingstoa tonic. It may #' shten them up into tr men, alive to the best interests of the State, and jealous of the honor of Americans, The Know Nothing candidate has earned a rare title to bis name. ‘‘Good-win’” was an appellation to bet on from the start. The dret “Sam” fn the ‘Methodist collection” bids fair to be popular in future. It was sung with prodi gious effect on Tuesday in the Twenty-ninth district, ‘From the Albany Register, Feb. 1.) f e hundred will be fired at noon to- day, jonor of the vi achieved in the Twenty- ninth Senate district, in the election of an American to the Senate tn place of Myron H. Clark. Canandaigua, Gov. Clark's own town, gives Goodwia 126 majority. ‘That tells the whole story.’ If any ap- dix were needed, it may be found in thejfact that — Good owa town, gives him over 800 ma- jority, Court Calendar. Np jary caves will be taken up until Monday per Hefore election they were numerous and | : i ks it beems to ee nem parties who are now cross- in search of gold, of which undoubtedly boundary line has not been ran I am, therefore, unable to say with any degree at towns will be included ; it seems, how= st hosides, she town of 8 Crus, Calabasas, acquisition, Danan © very narrow strip of , im fertile well watered valleys—is eminently adapted for stock Dbreeding—oflers great facilities for a lively trade. with Mexico, and has » speedy prosperity iohoe, without the mighty agency of the bidden treasures of its mountains. From Calif ‘as well as from Sonera, all the valleys of the country are rfectly accessible by conveyances of every kind, Wanon roads leading into and out of it. ‘The ‘clas is temperate and healthy, avciding alike the extreme heat. of Lower Sonora and vbe rigor of the north, and the fer- tility of the soil is extreme. element of prosperity, and lated and Fi The country porsesses every our pahetengel evry instead of a thinly popu! now a) tly worthless territory, find @ populous and flow ing one, if it were not for the curse of the morth- ern States of Mexico, the Apaches—who, since 1848, have committed upon'the small village of Taxon depre Cations to the amount of of $11,000, Tuxon is the most northern and largest spon, ches the new territory, and counts a population of perhaps 600 souls, It is Spe nish presidio, erected as a safeguard against the Apa ches, but now almost ly useless, and in a state of decay. A number of so-called soldiers, however, are still rept there, under command of a captain, whose princi- pal business is to ruin as much as possible the inhabi- tants. Understanding that the country about to ge into American possession, be has taken hold, with officers, of certain mission jands, properly Dj to the Mexican government, but cultivated, since immemorial, by the citizens of the town. These are rudely thrust from what the possession of led them to consider their owa, Mr, Captain gets a grent from Mexico, dated a few years , and vith his minions will appear before a’ future American Land Commission, claiming @ tract of land, no more his, in fact, according to the recent treaty, than a silver snuff box of which a Maricopa Indian robbed me the other day. The limits of an ordinary letter would never permit me to explaio to you the villainous impositions under which the poor but industrious people of this ter- ritory are suffering; it would not express their fvelings to say that they are glad at the prospect of change of government—they are in ecstacies about it, Tuxon is distant from Hermosillo about 300 miles, ant 400 from Guaymas—a good road, as I sald, leading to all parts of the Sonora Gepartment. The old presicio of Tubac, with the mission of Tuma- cacori, (three miles from Tubac,) ia situated to the sout> of Tuxon, ¢4 miles distant from that town, Besides m® few ragamuffius yclept soldiers, but few whites are living there, although ‘there is a goodly population of tame Apaches ” Rich lands ina state of neglect surround the presidio, The mission lands of Tumacacori are indus- triourly worked by a company of Germans and one Frenchman, although a misfortune happened tothe asso- ciation a few weeks back, difficult to repair and discour- aging to even the stoutest energy. ‘The Frenchman, a Mr. Chouart, and Mr. Neninger, one of theGermans, went to T»xon on business, toge! with some Mexicans. A few days afterwards the corpses of the two foreigners und three Mexicans were found three leagues from Tubac, speared by the Apaches. A monster, Lieut. Carlos Osta, commanding Tubac, refused to the remaining partners their request of an escort to Fe and bury their companions, but sent out on the fol- wing day a party, without knowledge of the settlers of Tumscacori, with orders to burn the five bodies, to bury the bones of the three Mexicans, but to leave the bones of the two foreign Carlos Osta is the name of this amiable and humane youth. Our only consolation is, that all these gentlemen, the Captain of Tuxon and hig officers, and several other military authorities of these northern presidios, are dis+atisfied with their respective situations, and talx of throwing up their commissions and remaining here aa American cit'zens, with their ill. gotten gains, in which case it is pretty evident they will soon learn that they cannot with impunity ontrage all decency and bumanity while clothed with a little brief authority, and afterwards quietly enjoy the fruits of unpardonable brutality and unwarranted assum,tion of power, = ‘men has SUIT FOR BROKERAGB, JAN, 31.—Oakes vs. Valentine. —The plaintiff is the aa~ signee of Russell & Vining, commission merchants aud ship brokers im South street. The action is brought to recover a certain »mount of brokerage on the sale of the brig Extra, owned by the defendant. Ip August last, Russell & Vining were employed by Valentioe to sell tue brig, and for that purpose introduced Mr. Valentine to & Mr. Shipler. The defendant informed Messrs. Russell & Vining that he should ask $10,000 for the vessel, bat that be would take rometiiog less if a sale could be effected. In nego'iating with Sbipler, Russell & Vining set the price of the brig at $10,000, which amount Sbipler would bot pay. Russell & Vining informed the defendant of this fact, saying it would be of no use to negotiace with him any further, with the expectation of receiving that sum. Very soon after this, Mr. Valentiae sold the br o Mr. Shipler for $8,750. 'Thowe are the eubstenttn! jacts of the case, and the plaintiff claims to be entitled to recover the usual commission of two aed @ half per cent upon the amount for which the yesse) was soli. ‘The Court in deciaing the care, said that counsel for the defendent contended on the trial, that the declaration of Rursell & Vining, that there was no use of further. nego- tiating with Shipler, with the expectation of getti $10,000 for the brig, amounted to an abandonment of their undertaking, and that, therefore, the plaintiff could not recover. It ix an elementary priociple of law that a broker is only employed to mal bargaio io relation to the property of his ‘principal. He is bound to ordinar care, and is liable for any negligence, error, or default incompatible with the care and skill ly belonging to the business thathe nudertakes. (1 Yoresas on Con- tracts, p. 7%, et seq. Story on Agency, section 23) Im this case the’ brokers were employed to sell the defend- ant's brig. In other words, they were engaged to find a Jarre 2e8 ready and able to pay for her the price xed upon by the seller, They went to Mr. Shipler and Purchase offered the vessel for sale. He said he would her, but not at the price named. Here # was ab- solutely made wad conciuded, so far as the brokers had authority from their principal toact. The priceof the brig, even as between the brokers and the defendant bad not qet been agreed upon, nor was it at all mate: that it should be; it was enough that it afterwarda fixed at $8,°F0. Russell & Vining had made the bargain, They are entitled to receive their commission for so do- ing. Judgment for plaintiff for $218 75. Theatres and Exhibitions. Broapway Turarvi The amusements given at this establishment are such as cannot fail to draw large aa- diences, ‘CindereiJa’’ bas been produced in fine style,€ as regard scenery, drexsen and decorations, and hence its great success. It will be repeated to-night, her with the farce of ‘Bona Fide Travellers.” A full may be expected. Bowray Treatre.—The by the Irish comedian, M.G. C. Charles etches of Yarkee character by Miss Charles, are ever, ight witnessed with delight. The selectiona*for thi evening are “Shandy Maguire,” “Irish Assurance and Yonhee Modesty,’ and the nautical drama of the “Battle of Algie Burton’s TuxaTae —By desire, announce, for positively t Pieces, the “Serious Fi plazed. Burton, Jo: r, Mise Annie Lee, Mise E. Raymond and Mr will appear in the frat piece, and Burton’and Mrs, Hughes in the sesond. 4 an the mes jast night, two favorite and the ‘Toodles,”’ will be Wattack's Takarne.—Morton’s comedy of ‘Town and Countr, i te produced this ever for the fifth time. Cast embraces the names of iter, Blake, Brougham, Bland, Mrr. Hoey, Miss Rosa Bennett, aa other talented performers. A “Lady and Gentleman in a Peculiarly Perplexing Predicament” closes all. Ammnucay Mcsecm.—The same very attractive pro Tamme as yeste! is announced for the afternoom d evening pert inces, namely, the French drama of Eustache’’ in the afternoon, and Shakepeare’s tragedy of Macbeth” in the evening. J. R. Scott, Clarke, and Hadaway, and Miss Le Bran in the leading characters. Cincus, MeTrovouitay TakaTre.—The beautiful eques- trian feats which are given nightly by Sands’ and Na- than’s fine company are admired by large audiences. The bill for this evening is one of great variety—tum- = Ring) posturing, and single and doabie acts of ip. Woon’s Minstaets. —The features of attraction for this evening are negro melocies, instrumental pieces, and the burlesque of * Robert Make. Airs.” LEY’S SERENADERS,—The amusements given at this popular resort—namely, the burlesque opera of ‘Lucy of Lammermoor,” and negro melodies—are nightly at- tracting respectable audiences. Hore Chars: —Donaldson’s opera troupe are becoming more popular, and afford great amusement to their pa- A good bill for to-night. Mx. Hoop, the machinist of Buckley's Serenaders, | takes bis benefit on Sxturday evening. It is hoped he will be liberally patronised. Mr. and Mrs. Mp Conway left town yesterday, for Charleston, 8. C., where they will commence a short engagement on Monday next. Mr. Forrest will succeed the English opera company at the Broadway theatre, Sap Case or Drowntne- acco dealer of Treaton, was drowned near Leed’s Point, New Jersey, on Sunday afternoon, Mr. Mailman om- ployed Mr. Jonathan Sooy to take him across Great Bay, on their return, when about three miles from laod Maiiman got up to look at some object, rell overboard, In his fall be caught the mast eap- ized the boat, throwing both into the water. Ha ighted their boat, Sony succeeded in getting in, and al though the boat was filed, it still was's ulllcient to keep their heada above the water. In this condition they r mained tor half an heur, when Mailman, in an eflort to get in, again upset the boat, Mr. Sooy being undor it. When Mr. Sooy got out from’ under the boat, he found ? bis companion adrift, and after getting his boat more right side up, and his companion again clinging to the stern, be was enabled to pacify Mailman by ae of not forsaking him, and bopes of life, so that with = ringle owr they again started for shore, nearly mile threo ‘ant. Before reaching the shore, Mailman ms je to speak, and whee about a mile from Ia 4 floated off. His companion was unable him, and about six o'clock reached land, Mr. Sooy was nearly insensible from eold and exha tion, Considering the length of time they were in onderfal that either esea alive... Mr. ‘fe and liviag ¥ et 3 e United Stateo Dutriet Counts Before Hon. Judge Ingerf 4,—Caled. Curtis Free. 1 —Ducision: vs. The Steamer Philadeiphia.—This was a suit to recover for damages a collision. The report of the referee confirmed done forall with costs.