The New York Herald Newspaper, January 12, 1856, Page 3

THE DEMOCRATIC NATIONAL COMMITTEE. ‘Report of the Proceedings of the Committee = texesting Discussions—The Dsmocratic National Convention, &c., dic. Wasuinatoy, Jan. 9, 1856. Inpursuance of prefious notice, the Democratic Ne- tions] Committee assembled in this city, at 12 o’clock M., on the Sth inst., and was called to order by tho Hon, Robet McLane, of Maryland, the Chairman of the Com- mittee. ©n motion of Hon. George W. Jones, of Tennessee, the ‘Hon. W. H. English, of Indiana, and tae Hon. George Read Riddle, of Delaware, were chosen Secretaries. The following named gentlemen, members of the com- mittee, Were present: — «+++.Oyrus Moore, Min H, Geo + David A. Smol Benj F. Hallett, ‘Walcome B. Sayles, james T. Pratt .John P, Bsekman, Joa. C, Pos ta, John Oakford. eo. Read Riddle. Robert 4. McLane, «Wa. H. Clark. + Warren Winslow. . 1. Batley, iC. C. Clay. .A.G. Bram, fohn Slidell. ; . P. Egerton. sods M. Elliott, -George W. Jones. Now Jersey. ‘enpsylvapia. Delaw .N. B. Burro: . Thornton P, Broadhead. ng named members of the committee were notin attendance:—J, W. Scott, of Texas; Welcome B. Bayles, of Rhode Island; S. D. Bailey, of Georgia; F Kenrett, of Missouri; and A. P. Barrow, of Arkansas, Mr, Broapuxan, of Mich., moved that they adjourn till to-morrow, at 12 o’clock M. Mr. Joxms, of Towa, did not see that there was any necessity for an adjournment; but if such a proposition ‘was entertained, it would be better to fix the hour at 10 O'clock A. M., aa the House of Representatives met at 12 o'clock, The questién was taken, and the motion was not ‘agreed to. Mr. Jones, of Tenn.—We have only one thing to do, and thét is to name the day for the assembling of the Nattontl Convention at Cincinnati, and we can as well determine that to-day as at any other time, The Grarrx.sN—The committee which is now assembled sere ts the Democratic National Committee appointed at the last Democratic National Convention, heli at Balti- more, in June, 1852, This committee, in obedience to ‘the call of the Chairman and the Executive Committee, mot in Washington on the 7th of June, 1852, amd was called to order by Mr. B, F, Hatlett, and they then pro- ceeded to orgunize themselves as the committee ior tho year 1856. The Chairman here read at length the proceedings of the meeting cf that committee, and thea resumed by saying, that it was suggested then until this committee had been organized under the call of the Executive Com- mittee for the special meeting of 1856, it would not be in order or incumbent upon that com- mittee to call a National C.nvention, It was supposed the that the National Committee could be called together in case of any general necessity con- nected with the interests of the party, at any time it might please the Chairman to designate, leaving upon him the repcnsibility of calling the committee together. In view of a special meeting for 1856, they passed a re- solution which empowered the Kxssutive Committee to designate the time of meeting. Tne Executive Commit- tee were no doubt present to-day, and his purpose was to call the attention of gentlemen to the fact, that they had assembled, not upon his call alone, but in con- formity toa resolution already adopted. The members of the Executive Committee deeming the 8th of January an appropriate time for their meeting, issued a call for the meeting of the National Commitiee here and in pur- suance ot that general call, they were now assemb: Mr. Rippix, of Delaware—The National Committee ap- pointed aa Executive Committee, anda mujority of that Executive Ccmmittee are now present. It would be competent then, in his opinion, to move that the present | meeting proceed to consider the time of holding the National Convention. The Cuamman—it is proposed by the gentleman from Delaware, (Mr. Riddle.) without reference to the pros ceedings of the last meeting of the committee, that this com mittee, being regula Jy organized under the call of the Chairman, who 8 right, in common with the Executive Committee, to call the Natioaal Committee together, shall now proceed to consider the question of designating the time for hoiding the next National Con- vention. ‘The question was then taken upon Mr. Riddle’s motion, and it wan agreed to. Mr. Jonse, of lowa, moved that the Nations! Demo. eratie Convention be held on the first Monday of June, at 12 o’clock M.. in the city of Cincinnati. Mr. Rupvig, of Del., moved that it be held on the third Saturday in May. A Bobet meny railroads do not run trains on Snnday, so that it you fix the day for meeting on Monday, you will be subjecting a great many of the delegates to the inconvenience of stopping over a whole day ou the there. Mr. Joxxs, of Tenn,, thought that on meat of the rail- road and steamboat routes to Cincinnati, the cars did cun,on Sunday. ‘Mr. Harsert, of Mass., expressed the opinion that the delegates going to Cincinnati, if the time for assemblia, of the Convention was fixed on Monday, would be ob! to stop over on Sunda; . Jones, of Tenn.—The Convention ought to have time ai through with their bnsiness in the week during which they meet. If there was objection to Mon- ligt it the first Tuesday in June. . Rippie—That will not obviate the difficulty. Mr..Gxorce, of N. H., desired te make a sugges:ion in reference to the convenience of delegates from his own State. The Legislature of New Hampshire meet on the first Wedneecay of June. Most ot the delegates to the National Convention will undoubtedly be elected to the Legirlature. As gentlemen were probably aware, they would have a very severe canvass at the next election of members to the islature in his State, The demo- ‘crats elected to the Legislature will be, many of them, the dslegates elected to attend the convention at Cincin- nati, and it would be a very great convenieace to them, ‘*herefore, to have the convention at Cincinnati held on the last Monday in May. Mr. Hattert, of Mass., suggested that the committee would want time to make tne Proper arrangements for . There would be a very the meeting of the convention. large boay of delegates—some six handred in all—and the Executive Committee would require one day to make the proper arrangements for the accommodation of the convention, Mr. Jonas, of Iowa, thought it would take at least a week to prepare the hall for so large a bocy as will ve as- sembled on that occasion. Mr. HenvinG, of Wisconsin, moved that they adjourn for the purpose of further consultation, until 10 o'clock A. M. to-morrow, Mr. Joxus, of Tenn., said his duties at the House of Representatives would prevent his attendance here to- morrow. The motion to adjourn over was not agreed to. Mr. Encuisu, of Ia., appealed to the eman from Tennessee, (Mr. Jones,) to amend his motion, by fixing the on Wednesday, as, in his opinion, that would be a more convenient day for the meeting of the convention than Monday. By making the day of meeting ne erny ae will but put agreat many of the delegates to the {noonvenience of stopping over on Sunday at different poiate on the routes of travel. He considered June to be a better month for the meeting than May, because in his own State the federal courts were held in May, which would prevent the attendance of many fonal gentlemen. Mr. Rippix, of Del., considered June to be an unde- sirable month for the meetingin Cincinnati. Three of the National Conventions have been held in June, and the heat had been quite oppressive. He was in favor, there- fore, of an earlier time for the rot 2 Mr. Cray, of gentleman who had last submitted some remarks anticipated a motion which he had proposed making. It was well known to this committee that the delegates to the National Conven- tion were generally men Ie reat in the profession of the law In his own State the Circuit Courts sat during the ring and fall months, and the consequence would be, if the convention meets at an earlier day than the first Monday in June, that they would not have that attend. ance of celegates from Alabama which would be rable, At ‘all events, they would not command the attend. ance ot the prominent men of the legal profession. He regretted very much that the gentleman from New Hampshire (Mr. George) obj-cted to the meeting in June. dhe wisbed he could accommodate the wishes of that gent'eman as well as accommodate the wishes of gentlemen at the South. Another reason he would urge for the meeting in June was, that there was very little travel North from the South until Jane, and for that reason he thought it would not be advisable to nate an earlier time than the first Moudsy in June, He did not know any good result that would follow from naming an earlier day. The people would be quite as well prepared to vote for their candidates after a four as a «lx months’ canvass, and the time would be amply sufficient for the fullest and ond fieest discussion of the principles involved in the campaign. If they met cn the lit Monday of June, five months would intervene before the time of e:ection. Mr, Wixstow, ot N. C., said that the courta in North Carolina did rot clove until the latter part of May; and if they met at an earlier period than the firat Monday of dune, it would be impossible to secure snch « represeL- tation as from that State would de desirable. Mr. Gxorck, of New Hampshire, said he merely made the suggestion he did with the view of seving whether the last Monday in May would prove a serious incon- venience to gentlemen from other parts of tae country. As from the expression here it seemed that it would, he would not press his motion, but second that of the gen- tenn from Jowa, (Mr. Jones,) that the convention meet the filst Monday of June. Mr, Esatist, of Towa, moved to amend, by naming the firat Tne of June, The motion was not agreed to. ‘The question then recurred on Mr. Jones’ motion— that being the farthest time fixed—and it was decided in the afficmative, NEW YORK HERALD, SATURDAY, JANUARY. 12, 1856. Bo the time fixed for the assembling of the next Na- tional Democratic Conveation was first Monday of June. Mr. Cooks, of Minois, moved that a committee of three be a) pointed to carry into effect the resolution of the nal Convention, ‘The following were the reaolutions :— Resolved, it the next Democratic National Conven- tion be held at Fincinnati, in the Stave of Ohio. Resolve1, That in constituttng future nati nal conven- tions of the democratic party, im order to secure the respective rights of the States to their relative represen- tation in such convention, each State shall be entitled to twice the number of delegates that it has votes in the electoral college, and no more; aud that the Democratic National Committee, in making arrangements for the next annual convention, ‘such 8 numer of seats therein for each State, and secure the same for the dele- ates elect. L, Resolved, That the time of holding the next couvention be fixed by the Democratic National Committee, and that in their eall the above resolation be inserted as delegates. : th cf The elie ead Sian taten Sine Mss Copkw’aiacticn, erton, of Ohio; and it was decided in the affirmative, and , as said Cuammayn then appointed Messrs. Cooke, of Ilinols; and Brodhead, of mittee. our. Hews1xc inquired whether the committee would meet again, ifa motion simply to adjourn was agreed to. The Cuatkuan replied that it would not mest again unless there was a fixed in the motion for adjourn- ment, or upless the ir and the executive committee should think there was any necessity for calling them together at some fature time. On motion of Mr. HENNING, the thanks of the commit- tee were tendered to the Hon. Robt. McLane for the able and impartial manner in which he had discharged his duties as Chairman. The committee, ther from the Jackson Dem them in celebrating the anniversary of the Battle of Orleans at Copp’s saloon, adjourned sine die. The Fine Arts and Politics. “ LIVE OAK GEORGE " AS LARGE AS LIFE—A SPLEN- DID PICTURE—A GREAT SPEECH—LIVE OAK CLUBS ALL THE GO. We had the pleasure of seeing, the other day, at his studio, No. 45 East Twenty-second street, a splendid life size picture, by W. H. Powell, of “Live Oak George Law.” The artist who executed the magnificent govern- ment painting of “De Soto discovering the Mississippi,” could hardly fail of a splendid rerult in spreading himself upon ‘Live Oak George.” Accordingly, we havo in this picture not only the majestic Know Nothing full length and natural aslife, but a general landscape, combiaing the substantial practical iron, granite and live oak prin- ciples of the man, In the foreground stands Live Oak George, at the foot of the steps of a ‘brown stone front,”’ commanding a bird’s eye view from “Spuyten Duyrel”’ creek to the Narrows, comprehending this island, the North river, the Jersey shore and the bsy. First in the rear of the great contractor, we see a rail- road train, next the High Bridge, then off to the right an ocean steamer in the Hudson putting out to sea. Far- ther down we seo our great city diminishiog to the Bat- tery, and beyond it the bay and the Narrows, and al. softened by the warm, light and watery slouds of a sky of early autumn, “ Ere yet King Frost bas spoiled the groem Upon the forest trees.” On asking the artist why this grouping of rstIroads, briéges, steamsbips, city, river, bay and ocean wih the simple full leugth portrait of our enterp:ising fellow- citizen, he azswered that the landscape was intended to represent the granite, live-oak and steam-engiue pla ‘furin of George Law, as the American candidate fur the Presi- dency, und that it was thus arranged at the instaace of his friends, who would have it so. Henco the cailroad train, the High Bridge, the steam hip, New Yor city, the bay, and our Golden Gate of the Narrows, opeaing to the sea,’ with al of which the enterprise of Live Oak George is associated. We chserve that Live Oak Clubs are all the go. We have already advertised quite s nuinber, the Isst, of which, we bélieve, is the Ninth Ward National Live Oak Club." Possibly this picture may be inte sded for some one of these club rooms, though we hava no iofyrmation upon the subject. Lastly, the attitude of Live Osk George in this fine picture, whieh is easy, unaffected and naturel, was well sustained by him in his great Union speech the other night, which we publish to-day. Kead the speech, see the picture, and then see the man him- self, and it will be proved that they are all of a piecs, and vatural and large as life. Perhaps this painting may be venHines for the White House at Washington. Who ows Y Political Tatelligence. SECRET SOCIETIES IN THE MARYLAND LEGISLATURE. ‘The following resolutions were offered in the House of Delegates of Maryland on the 8th inst :— Resolved, That so much of the Governor's Message 28 relates to secret political societies, be referred to a select committee of five, with instructions to inquire and re- port: Whether any and what seeret political societies are known to exist in this State. Whether any political society. secret or open, is known to “encourage or pursue purposes”’ waich tend to the subversion of the well established and deeply ‘cherished priveiples of our government.” Whether any and whut society or portion of the people of this State, or any of the United States, have introduc- ed_ “religious issues into the field of political agitation,” and that the committee be also instruc ed to ascertain as far as it may be in their power, what is the character and import of the secrets which are supposed to be held or maintained by such societies, it any should be found to exist; and that the committee use {ts endeavors t> obtain if possible a statement or description of the principles, objects and purposes of such societies, and report tne same te this House, with such measures as they mi deem necessary for 1 such societies from violat- ing the letter ‘and spirit ot exther the federal constitu - tion or the constitution of this State. Resolved, That the committee be authorized reepectful- ly to request the Governor to communicate to them any information he may possess, in regard to such societies uliaded to in his message, and the nature of the secrets they preserve. Kesclved, That for the purposes of the inquiries sub- mitted to them, the committee be empowered to send for persons and papers, if they shall deem it necessary to their investigation. CONNECTICUT KNOW NOTHING STATE CONVENTION. This convention, which met in New Haven on the 10th inst., made the following nominations for State officers:— For Governor,......+.+ - William T. Minor. For Lieutenant Governor. -Albert Day. For Secretary of State LN. D. Sperry. For Treasurer . ‘Charles O. Belden. For Comptroller ‘Edwara Prentias, Two sets of resolutions were presented to the conven- tion, the first of which, as here given, being offered by the majority of the ecmmittee, were adopted: — Resoived, That we adhere to and reaffirm the princi- ples embodied in the platform ot the American party of thia State, adopted and published in June Inet; and re- newedly pledge ourselves to their maintenanee and sup- port. Resolved, That we invite the electors of this State to co-operate with us in the support of these principles; and regard all persons supporting the same at the ballot box as members of the feiotesecsa gh ahulr Resolved, That we Sprore of prineiples combined in the message of his Excellency the Governor to the last Iegislaiure; amd we again present his name, with the highest pleasure and satisfaction, tor the suffrages of the electors of this State. Resolved, That the Convention heartily approve the action ot the representatives in Congress from this State, in their efforts to elect a Speaker of the House, and we urge upon them to stand to the end in the posi- tion they have token. Resolved, 1hat we have the fullest confidence in the ability and integrity of the severa! nominees upon our State ticket, and pledge them our effirts to secure their twiumphant election. The following were offered by the minority of the com- mittee, and were laid om the table :— Resolved, That in the opinion of this convention the American party of this State should be represented in the National Convention of the party to be holden in the city of Philadelpbia on the 22d of Fe! y next, for the purpose of nominating candidates for the Presijency and Vice pene 2 and, therefore, in order that this State may be properly represented, it is further ved, That this convention appoint two delegates avd two alternates, at large, that the delegations here present from the several Con; nal districts in ‘this State will select some suitable and Proper persons as delegates aud alternates to represent their several dis- tricts respectively in said convention. Resolved, That the several delegates so appointed be instructed to vote for and advocate the adjournment of raid convention until the summer of 1856, and that if said convention should refuse so to adjourn, the said dele- gates be further instructed to decline to participate in the proceedings thereof, TruTn STRANGBR THAN FicTion.—A few days since, in conversation with Capt. Alexander Scott, one of the pioneers in the steamboat business ot the West, he gave us the following facts, which illustrate the adage that “truth is Airapger than fletion.”” In November, 1827, he was descending the Missisatppt in command of the steamer America, laden with a valuable cargo of to- baceo, lead and furr—the latter article alone worth $80,000. When near Plumb Point the steamer atrucka snag. and sunk in deep water. The furs were for the moat part recovered, but the boat with the rest of ber corgo was abandoned as a total loss. Years passed, and the remembrance of the America’s fate had faded from the recollections of ull, except, perhaps, that vonerable individual, “the oldest inhabitant.” It ta well known that the current of the Mississippi frequently rhanges, so that what was once the channel of that noble stream at- terwards becomes ferra firma susceptible of cultivation, Thin was ihe case with the site of the America’s wreck. The channel near Piumb Point became an island, on which for eight years luxuriant crops of Indian corn were raised; but recently the wayward current of the Father ot Waters took another turn, and commenced wasbing away the earthy formation, until the America was again exposed to the Ught of day. The lead in her hull, it is supposed, will be all recovered in good conditton; the tobaces, tis feir to presume, will be slightly the worse for wet. She was sunk on the 17th of November, 1827, and consequently was imbedded for twenty-eight years.— Pituturg Post, Jan, 8. Law Intelligence. Court or Arrears, Jan. 10. 66, reserved for 16. No. 23, M'Leon vs. Swanton, Argued. Charles P. Kirk- land for appellant: W. M. Everts for respondent. No. 40, Stephens va, Vrooman. On argum 1. Jenkins for appelant; J. A. Spencer for respondent. No. 10, Vroo- man vs, Farmera’ Ingurance Company. Argued. ¥. Kernan for appellant; J. A. Spencer for :espondent. Nos, 11 and 13, Hurlvurt vs. Waring, and Carrigan vs. Waring. On srgument, Judish Ellsworth for appellants; W, Beach sor respongents. Message of the Governor of New Jersey. Governor Rodman M. Price transmitted his annual message to the Legislature of New Jersey on the Sth inst. On federal affairs the Governor speaks plain and under- standable, as will be seon by the extracts given below. He re‘ers to the encroachments on the harbor of New York, #4 follows:— For the better protection and prevention of encroach- ments upon the waters of New York harbor, that Stave commissioners to survey the said harbor, and lee exterior line for wharves, piers or other con- str This State has an equal interest with New York in this important matter, and therefore I recommend that com- missioners skould be appointed by this State for a like purpose—to act either separately or in covjunction with the New York commissioners, aa they may deem ad- visable. This survey is, I am informed, laos com- pleted, and the line will shortly be defined. The r ghts of the State of New Jeryey may be seriously affected pect therefore prompt action on your part may be THE MIFSOUR! COMPROMISE, ETO. I herewith transmit communications of public interest, received from the states of Massachusetts, Gonnectizut and Maine, in accordance with the request contained ta the resolutions of those States. They refer to the blis sourt compromise and the slavery question. It is tobe regreited that any of the States of the Union should deem it necersary to agitate, at this or any otuer time, subjects like these, in a spirit so imperative and uncon- clisiory. It must be admitted by ali, that the questions referred to are of a character to enlist in their conside- ration all the prudence, moderation and forbearance which the people of every section of the confederation have a right to expect and demand from those of other sections. In this spirit do I desire to direot tie atvention of ‘the Legislature to the points invotved in these resolu- tions, That the so-called Missobri compromise was, in itself, an expedient devised to accommodate for the time being the conflicting opinions wnich existed in regard to the admission of the State of Missouri, with a constitution reocgnizing the existence of slavery, no one will deny. The act was, in its nature, so far as the future exclusion of slavery from the remainder of the Territory uc- quired from France, im the cossion of Louistana, a restriction upon the rights of the slaveholdiag States, since in the normal condition of that Ter- ritory’ slavery was recognized. And although ta- citly’ submitted to for a while, there was notuing in its provisions to cast around it the balo of ‘good faith,’’ which its advocates pretend should have guarded it ixom repeal. But it is repealed; and I submit, can it now be restored with any advantage’ In restoring it, were it possible to do so, we bring back the free citizeas who now inhabit, or may in fu.ure inhabit those Terri- tories, to that condi:ton of quasi colonial dependence, which they are now freed from, and which is at variauce with the principles of free government. We, as Jersey- men, contend that we huve the capacity, and are en- dowed by nature, in common with all our countrymen, to the right ot self government, We enjoy it to the fullest extent in our own State. But should inclination or ne- cessity take us to a Territory, the common property of us ali, shall we thereby forfeit that right, and become more subservient to the will of the feaeral government than we now are? Shall we part with the right of having a yoice in the establishment of institutions on which our future may depend’ I think mot, and therefore I believe that therestoraticn of the Missouri compromise is not to be desired any more, by us of the Norta, than by our brethren o1 the South. With regard to the disturbance in Kansas, however much they formed a subject of regret and condemnation, there is no oubt they had their origin as much in the ects of the misguided fanaticism of a portion of the people of the Eastern States as n the violence of the intruders from the borders of Missouri. If either of these parties tad been willing to have dealt fairly by the settlers in Kansas, and to have left thea to tie enjoy ment cf the rights which they themselves possessed under Territorial law and the constitution of t.e United S atee, no disturbance would have occurred excepting such 85 may be considered inseparable from the condi- ticn of the firat cceupauts of remote Territories; but such is the inuate good vense and love of justice of tue Amari- can peeple that discord cannot sway them long in the presence of thove substantial benefits to be produced by harmovy and union. Left to themselves, the peop'e of Kansas will settle their own ¢iffexences, as they wou d do were they still the inhabitants of organized states, with- out any in‘erference from federal authority. Tho States, whose resolutions I am now commenting on, ask for the repeal of the Fugitive Slave law, and » gved desl of discussion has, in my humble judgment, heen wasted in regard to the oonstivutionality of this act. Without troublisg you with details, or the hair splitting distinctions made in regard to some of its clauses. I deem it merely necessary to eter you to the section of the oon- stitution of the United States applicable to the subject. It is thereby deetarcd, art. IV., section 2:— No persou held to service or labor in one State, under the laws thereof, escaping {oto another. shall, in consequence of any law oF regulation heroin, be discharged trom such service or labor, but ehall be delivered up on the claim of the party to ‘whom such service or iabor may be due. This is positively a recognition of the right of the owner to claim th person who shail have escaped from his service, and of the duty of the State uader whose Jurisdiction he happens to be to deliver him up. it must be admitted that without this provision in the censtitution, the union of the States would never have been established, and the repeal ¢f an enactment wich is intended to give effect and vitulity to the conditions contained in it would necessarily destroy that which it established, No one can ceaire such a conclusion, and therefore I am free to believe that the sober, discrimi- pating judgment of the people of New Jersey will resist 80 gross an encroachment on right, leading to eo disus- trous a result The recognition of the priuciple has been always sustained by the people of this State, and ample rovisior# for its enforcement are contained in our sta- utes, ‘The resolution by the State of Maine, that no new States shall hereafter be admitted into ‘the confedera- tion with constitutions author very, is, to my mind, entirely irreconcileable with the principle of self government which I have already referred to, as well as with the provision on the subject contained 1a our national compact. The only condition provided in that instrument for the admission of new State. is, that it shall have a “republican” form of government, and the representatives of the States, in Congress assem: bled, have no right to impose upon ‘it apy other condi- tion. It is true that the constitution does not make it obligatory to admit any new States, and members of Con- gress may, in the exercise of the discretion reposed in them, refuse to vote for thezr admission; but if no other Teason exists for such a refusal, excepting the intended sion 01 siaves by the States so applying, it would to my mind, a breach of faith, not to be expected from men ac- Guainted with oath which they have taken to support and maintain the constitution; and it would be just as reasonable to say that New Jersey, or any other State, having abolished slgvery, cannot. at their discretion, recognize and re-es- tabiisa it. Without discuaing further’the points. te. ferred to by the resolutions now transmitted, I would only add the expression of my confidence that in the ex- isting dissesions, and those with which our country is turther threatened. New Jersey will continue to occupy & position of just and honorable conservatism. True to memories ot the past, and hopeful in the considerations of the future, Jet us reek not to disturb those common righ's which Lelong alike to every member of the Union. Standing by our own independent sovereignty, as reserv- ed to us by mutual agreement with our sister States, let us be willing to concede to them all that we cemand. Lat us not, above all, for the indulgence of what we may consider motives of’ philanthropy, peril the posce and perpetuity of this Union, and destroy the fature hopes of generations yet unborn. AMENDMENTS TO THE UNITED STATES CONSTITUTION. Some change, to my mind, is desirable in the constitu- tion of the Exited States, and for this object » plan of amendments to accomplish the change has been submit- ted to the LegisIr ture of Tennessee by Governor Johnson, to which I beg to call your attention, as they are calcu: Inted to popularize our free institutions, and make them more national. by submitting the elections of President and Vice President, and Senators of the United States, directiy to the people, instead of indirectly, through the electoral colleges and Jegislatures; and a further amend- ment, by which the Judges of the United States Courts shall hold their offices for twelve years, to be dirided into three clasees, so that one-third may be choren every fourth year, instead of holding their offices, as now, dur- ing good behaviour. The im fying the portance of modif; constitution of the United States is manifest from the present condition of the House of Representatives. The cheice of a President and Vice President should never be placed where the election might be indefinitely post- pored, or result in p) men in office without re- gard to the popular will. The proposed amendments to the constitution would remove all apprehension and difficulty on tbis account, as it contemplates that each State shall be divided by the lature thereof into cistricts equal in number to the whole number of Senators and Representatives to which such State may be entitled in the Congress of the United States, and the person receiving the greatest number of vo'es for President, and the one recei a ie greatest number of ‘votes for Vice President, in district, shali be holden to receive one vote, which shall be certified to Congress, who ehall count the votes; but if no person have a ma- jority of the whole number of votes, then a second elec- tion shall be held between the two having the highest numbers for the office of Pre: and the same as to the Vice President; and the el to be held, certified and counted in the same manner, and the per- Re Prin | the highest number of votes to be deemed elected. Your joint revolution approvi such cb: in the constitution of the United States, and our readiness to premote it in either manner ‘prescribed ty the constitution itself, I respectfully recommend. RELATIONS WITH GREAT BRITAIN. ‘The firm and decided ‘taken by our ment in reiation to the construction of the ton-Bulwer treaty, will no doubt meet the approbation of the people cf the country. By it our friendly relations with Great Britain may be disturbed, Colonization by say European Power on vhis continent should always be wed, Our national security and the diffusion of the Yams pe of free republican government, demand the political separa- tion of the people of the American continent from thore of Luropean mor ‘| governments, and the efforts ot the United States shoud always be directed to that ob- ject. 4 Kt will te ceived that, whilst our government has scrupulously fulfilled the conditions of the treaty ap ken of, the British government has, witk extreme bad faith, violated a portion of them, and now seeks to vindicate Ler acts by a forced construction of words, which in their plain signification f to support, in the clearest manner, the claims ot the United Siates. This is certainly an ex- traoidinaty exhibition on her part, to a country which “has acquired that degree of necessary to com- mand its own fortunes ’’—and it is to Lan that the feceral government will unhesitatingly insist upon the conditions of the treaty, or demand its entire abrogation. of and recommending Sven CRIMmALs ConpEMNED TO BE Hone — The Yazoo City (Miss.) Banner, of Tues ‘th ult., suys :—Seven of the criminals tried in the Olrcuit Court, now in session in this city, have been conyishd of mur: der—the three negroes, for the murder of Prichard; Cot- ton, tor the murder of ‘Smith; Lynch, for the murder of Wright; Kent, for the murder of James; and last, that demon in human shape, Bovard, for the murder of his wife. They are all condemned to be hanged. We under- stand the jory in the Inst care—that of Bovard—wore out only a fow minutes hetore agreoing on their verdict, Meeting of the Geographical Society, ‘The New York Geographical Society held » meeting on Thursday evening, in the small chapel of the University. At the time of calling the meeting to order, there were prerent about twenty-five gentlemen, among whom were Petez Cooper, ex-Govervor Horatio Seymour, and other distinguished gentlemen. The resident of the society being absent, the Vioo- President, Mr. Barnard, was called to the chair. After the usual preliminary business, the following re- port upon the topography of the State of New York was read— The committee appointed by a resolution ef the reciety to report on the expediency of memorializing the Legiala- ~ * te Beate et Nee. York upon se pupeaty at ving @ ra Survey made of that State, leave to cubmit “he following! . * REPORT: ‘The subject of the resolution seemed at first glance te have ® tendency to compromise the very general cha- tacter of the society, by apparently limiting the sphere of its influence to a particular State; whereas its pro- Yince is not only national but it embraces by its name the Western hemisphere, Nevertheless, the ver great ne- ceesity fora correct physical imap of toe Unites States, no less obvious to every intelligent citizen than to your ¢ mmitiee, which map it is not probsble the general gov- ernment will supply, rendering it incumbent upon the ia- dividual States to ‘survey thetr respective territories, suggested to the committee that upon each seperate State has the influence of the society might with propriety be breught to bear. It is not unknown to the society that within the past century the principal governments of Kurope have set on. toot, and some cf them have completed, elaborate surveys which reflect bigh bonor upon the governments them- selves and upon those who executed them. The ordnance survey of England and topographical maps of France and Austria, as tributes to science and works of art, are marks of an enlightened progress which must forever illustrate a distinct pos im the history of those nations, The nature of a geodetic sucvey is such as, from its kcope and expense; reqaires \he patronage of government, but goverments are not always the first to appreciate or to encourage the efforts of science. In this respect it would not be just to compare our own government with the older na- Uons of Europe, We have, during the past cantury, been employed in redeeming a continent from the wil derness. Labor! hax been the watchword, and labor the necessity, While our heads have yearned for knowlege, our hands have been hardened to toil. Under such circumstances we are not to look for that degree of progress in science which we expect to find among an olcer people. Siill, we can point with a just price to the results, so far, of a geodetic survey of ‘our coast. Based upon ‘the purest principles of science, it has been oonduced with fidelity and industry, and the Lydrographic results which 1t bas turnished are of iaes- timable value, not only to this country but to the com- merce of the world. ‘In prosecuting ita labors, {t has wade, in every State into whicu its operations extended, the commencement cf # topographical map, aod has left # basis for its continuation over the whole State, The value ot this basis was so obvious to the State of New Jeisey, thet that State, in the year 1854, by a legislative appropriation, organized a survey which has since been proecuted with vigor, and whicn, when completed, will Give to the Staic an accurate topograghical sap in no. Wise in’erior to che topographical map of France. ‘This map will give the people of that State a perfeet idra cf its resources, while, asa consequence, it serves to cevelope those resources and to increase the value of Jand by showing its character, thus returning, by its re- ‘the cost Ol its execution. the very marked geological developementa which oc- cur in this country, and the vast miueral deposits which have been decied to scarcely auy State of the Unicn, have led in mauy of the States to scientific exa- winstions, more or less thorough, under the patronage of the State gove:nments. While these exammationy #na explorations have, in many instances, exhibited ex- traoromaiy rerul’s, they have failed in a great measure to make these results of practical value, for the want of correct top: graph maps upod which to delineate the geolvgical formations snd iineral deposits. This ap- plies with great force to the recent geological survey of the State ot New York. This examination, authorized by the Iegislature, was commenced in 1836; its result have not yet ail been published. The cost of the whole investiga\ion into the natural history of the State, ia- Ciuding printing, engraving, publishing, &, has been estimated at $100,000; yet a great part of itis mcom- prebensible to a large class of people, from the fact that theie is im existence no correct topographical map upon which could be detiveared the results of these investiga- ticna. The most prominest features in all the maps of the State are the county divisions, which, alihough very well in @ political point of view, yet answer no other purpose. What the peopie want is a map which will show the relative value of the land in different parts of the State, the cultivated and the uncultivated, the wooded and the cleared, the length and directions of the streams, and the extent of the valleys which they drain, the beight end character ot the hills and mountains, the gcoirgical forma: ons to which they belong, and the mi- nerel Geposita which they contain, In snort, such a map as will enable every citizen to know as much about ee yard State as he does of his own immediate neigh- por hood. Such» map, while it would render available the in- vestigations already made, would increase the value of ‘tore ix vestigations in their correct delineation. In view, therefore, of the great value and importance of such a survey to the State of New York, which, from its Becgraphical position and commercial’ factliies, ita extent and weaith, has naturally become the leaciog State cf the Union, has always responded with a quick intelligence and a praiseworthy liberality to the appeals of scierce, and where the interest of ita people were con- cerned, has never hesitated to také the iniative, and in view also of inducing, by her example. the other States of the Union to follow the lead of New Jersey, your com- mittee would recommend that a memorial be prepared acd signed by the officers of the society, and presented, through a committee, to the Legislature of the State of New York, asking that an appropriation may be made for commencing & geodeiic and to) Py survey of the State. EGBERT L, VIELE, JOHN JAY, ‘Committee. F. A. CONKLING, ‘The report, upon motion, was then accepted. A motion was then made, that the committee be in- structed to prepare s memorial, in conformity with the recommendation of the report. This motion was carried unanimously. Ex- Governor Skymovr was then introduced, who spoke upcn the importance of a topographical survey of the State. He said while he was Governor of the State, he ‘was memorialized to petition the Legislature upon the importance of a topographical survey of the State. Then the people would be acquainted with the wealth of the State—of its mineral wealth and hidden rivers in its forests, that might be called in the morning to thelr toil, and glide away in the evening to their rest. The State of New York had a great amount of coast, uot only on the south, with its Long Island shore, but on the north, with the rivers St. Lawrence and’ Ontario. The State was the most favored in the confederacy. New York alone bas the only perfect record Are of the topography of the world. the rocks of New York are accessible. All along our northern ehcre every rock is acceesinle and all open to examina- Uon, and at this moment the geologists of other parts ot the world have to refer to the Geological History of New York to determine the geokgy of both worlds. up the Hudson river wa come to the Highlan: among the recesses of these rocks, we have ing one hundred feet deep for miles and miles beyond us. Had one of these huge rocks been thrown across the Huédscn, who can ssy what a change would have been made in the history of our State and country? We pet on up ihe valley of Lake Gecrge, and reach the St. Law- rence, having traversed a valley that soparates Ne York from the Eastern States. The history of these valleys is very interesting. Their waters are tinged with blood shed in defence of our liberties. If we go back to the hest history of our country, these valleys have alwa; commanded a powerful infivence over the country. The Iriquois Indians first powressed the valley of the Hudson and the valley of the Mohawk, and swayed the State. Starting from the mouth of the Hudson, it canoe of the ravage could go up the valley of the Hudson, then through the Mohawk valley to the lakes, through the lnkes to the Miisouri, and up this great’ river to tts very head. The land oneither side ot the Mohaws val- ley pours into the Hudson some of the largest rivers of the State. The waters of the State emoty into the ocean through the Hudson, the Delaware, and even find their way into the Ohio, and flow by Cincinnati into the Miesissippi and down this great father of waters into the Gulf of Mexico. These facts exert a remarkable influ- ence over our continent. They did in the early or when the country was possersed by a confederacy of In- pros and ae ba civilization. oon ing =) the o © great valleys were t by oataré to pour their warriors in legions upon their enemies, before the power of resistance ceuld be sup- plied. Capt. Smith found the New York warriors even ‘as wr south as Virginia, and they were the most power- ful tribe on the continent. After the discovery and set- tement of this continent by Europe, then the wars of France and Enj were transferred here, and we trace the war path slong these valleys. The war path was in Re ge es fd the herr a Lhe ed the Revoludonary atr » Most of the great mart events of the Revolution happened in these valleys, and the very first piece or ordnance captured in that strug- gle was taken by Ethan Allen at nderogs, All the ‘wars of the country reem to have been carried on upon the principle that the ion of shese valleys would give » cummanding influence over the whole Union. In acdivion to this, through these valleys Pant are borne the provisions that feed the Knglish and French soldiers in the Crimea, And to-day we have working in these valleys, roldiers, not of war, but of peace, more powerful than all the soldiers in the Crimea. These valleys have con- trolled the march of armies and the march of commerce in our country, I regard it a8 @ veg? of great good for- tune that New York was first settled by Hollanders, thea the greatest commercial power in the world, I say this, preserving at the same time a proper respect for the Pil- grim Fathers, I being of New England birth. The sublimest picture in the world was wi New York was dotted everywhere with settlements of almost every na- tion and every religious creed, who fled ana settled here to avoid persecution in their owu country in Europe. In my own fittie town of Utical hear the Welsh languages spoken almost aa often as the English, and there are there five churches in which the ceremonies are carried on in the Welsh language. Our State topography witracted immigrants, and in this reapect has exerted a mort remarkable influence over this continent ani the world. To this day you can trace in the legislation of this State our way back to the Dutch settlers, who were in my estimation’ the noblest of all the immigrants that ever came to our shores, and Iam proud to step nade at this moment to pay this tribute to our Dutch ances- tors. Great inju: has been done to the memory of the original settlers of our State. It is to be regretted that we have not remembered the fathers of our state aa Virginia and Massachusetts, and other States remember- ed theirs. Our State was the first to start the great s; tem of public eduestion. The first steamboat was flo ed upon its waters—the first canal was ran through its lands, end the first railrond was laid by its en'erprise, and it is in every respect the Empire S:ate of the Union, New York gecgraphicelly ia the type of the greatness ana enterprise of our people, and | hope ing will 2 i] &) ‘et be done to hand her properly down to a Fast thet history will 7a a, justice to yey monumenta will be erected uj her battle fields, future ages ‘Here freedom’ ‘debt waa won.’ | trust our people will some day dy justice to the State, and be animated to act upon the motie emblazoned upon her thield—“Exeelsior mote om ih The ex-Governor here sat down, amid applause, and vote of thanks was given him, ‘@ request made that he would furuish the society with a copy of his remarks. A report was then read, recommending that efforts be made be assist Rev. Mr. Pease in his proposed exploration of Afvica. Ths report was referred back to the council, with power to act. ‘The aceiety then adjourned, Charge of Fitting Out the Mary Jane Peck as a Slaver. UNITED STATES DISTRICT COURT. Before Hon Judge Betta, SBOOND Dar. Jan, 11.—The United States vs. Mamueb Echeveria,.— Abner Depew recalled, deposed, that he sailed the Mary Jane Peck six or seven years; I sometimes had four an sometimes five men to sail her, besides myself—that in cluded all hands. Cross-examined.—I never crossed the Atlantic; I ran from here to Richmond. Julius Lowenthal was again called to the stand, and his direct examination continued by Mr. Joachimssen.—I am 4 German, and have been in this country three years; I speak the English language; Capt. Davis said that w were now aware of the object of the voyage; that h was going to the Coast of Africa to procure a cargo 0° ‘aves; that if we remained on board he would fraixe ou ‘wageé—mine to $30; I had shippea for $10; to another h was going to give $40, to another $50, and if the vo; was lucky he would give ua a nice present besides; he asked us if we would agree to that; we did not sa; ny- thing; after that, he told us the’ Spanish case. was going to take the command; the Spanish captain took command, and Davis did carpenter’s work and almost anythirg that was required; we had two large piles of board on each side; this was sent ashore utter. dho dis. FY ss ESE charged cargo; we made land 33 or 34 days after we’ left New Yerk; Idid not know what the land was; it was not Sierra Leor it was to the southward of Sierra Leone, ‘about two or three miles; werent a boas for a pilot; the pilot took us into Rio Congo, where we went up to the main land; we discharged cargo there; we alscharged in the first place the lumber an3 rome tobacco, about a couple dozep Eres, Some empty Tum casks, and some dry goods—some few boxes, and about a couple hundred kegs of powder; nothing’ else; it took ustwo days to oischarge the cargo; we there took some fiesh provisions for the crew; we then gailed from there and went up the bay; the pilot was not on board; we then came to anchor im’ the bay; we remained there about five weeks; it wax near shore that we came to anchor; there was no town thore; it was in the woods; I did net see anything there; shy was there scraped and painted; we cut some new hatches; they were a kind of ventilators; no cargo was discharged at that place; we fixed rome of our rigging that was broken and mended our ssils; she was cleaned up and painted inside; we had ome water that we brought from New York; aud some that we got from Rio Congo; we had fifteen’ or mxteen casks from New York; we got some fumber to make the two hatchways; no new hatchways were made but covers for the batches; I helped to make them; they were about a foot high,’ and werelopen om two sides; the use was to Tet’ the air pass throngh them: these hatcnways were over the maie hatch and the forsanl hatch; the fore and main topmasts were takencown; I helped on the orders of Captain Devis; the Spanish captain gave the command, and Davis translated {t; we heard a gun fired, from the river as 1 supposed, and then this order wae given; I never went on shore, nor didI take any one on shore; the day after that a British man-of-war took the Mury Jane Peck; Ihad been in the hold of the vessel; aul we had on board was provisions; at the time wa were taken Captain Davis was dead; he died the day before the British ran-of-war took ur; the Spanish captain was on shore at the time; I was told by Captain Davis that we were to take a cago of negroes; that was said tome whilat we were lying in the bay; the British man-of-war tock us from the bay into the river, and put a prize crew on board; then we came to an anchor near the man-of- we kent most all of the provisions we had to the toan-of-war; it was salt meat, rice and ship bread; two of us were taken 'o Sierra Leone; I was one of them; the reat of the crew were sent ashore by order of the man-of- war; the men sent ashore were given two days’ provi- sions; the schooner was taken to Sierca Leone; | was tuken on board of her; she was broken up’ there; I ‘aw pieces of her;’I have never seen the Spanish ‘captain since be left the vessel; 1 was sick in Sierra Leone for six weeks or two months; 1 was sick on shore before I got into the hospital; 1 was not paid any wages on the coast; no order was given on board as to who was to pay the wages; I stated to the Governor that I wanted to go to the ‘hospital, but he seid he could not admit me because I was taken from the slaver, and I was sent to the jail hospital; I asked the doctor after I was there two or three weeks, and he said Thad to pay for my food and mediciue; I got back to New York in the bark C. W. Nash; I worked my passage and arrived here on the 13th or Lith of February, 1855; when I sailed from here I did know Mr. Echeveria; I know bim now; four or five days after I returned, I went to his office, and met his clerk; Mr. Echeveria was in the same room; the clerk asked me what I wanted; I told him 1 belonged to the schooner and everything that hap- pened onthe voyage; I claimed the wages that Captain vis offered me, $0 a month; { told him how she had got concemned and everything else; I asked the clerk whether he was not the same young man who was on board the schooner the day she railed; he said he was not, but I knew that he was; his name is Mr. Stocker; he fafd he knew all about the particulars of the voyage: he raid he would see the parties about the ayment, and he told me to come back; in a tew days; I did not then speak to Mr. Echeveria ; the clerk conversed about the matter with Mr. Eeheveria in Spanish; he gave the names of the schooner, the captain and the places; Mr. Eoheveria was near enough, I suppore, to hear what I told the ol-rk, but 1 ’t Kiiow whether he attended to the conversation or not; he attended to what the clerk said; ho ke to the clerk, but I did not understand what he said; my bro- ther. Louis Lowenthal, was with me; I went down again to Mr. E.’s office about two or three days afterwards; Mr. Feheveria was in the office; my brother was with me; my health was then very bas; I told the clerk I was sick, that I could not walk about, and that I wished him to rettle as soon as possible; I told him (the clerk) he had better settle with me; I made out the bill; it was $324; for the first balf month $9, and $80 a month till I got back to New York; I did not speak to Mr. Echeveria, but I don’t know wh the clerk did or did not speak to him; the clerk said he knew that the vessel (the Mary Jane Peck) had been taken by a British man-of-war, but that she was illegally taken, and that they had entered a suit a; t the British government for $50,000; I asked him who the owners were; he ssid, “We know;”’ I sup- pose he would not tell me; he did not tell me; I'told him I would try to fied out ‘the owners or parties, because somebody was responsible for my wages; he went out of the office for a little while, and said’ to me, ‘ Wait a minute, I want to see you about it;” he came back and wrote a receipt—a general reoeipt—and asked mo whether I would sign that; that it I would sige that he would see me paid; 1 signed it; he paid mo in gold; he went out of the office with me, and went, I think, to the Hanover Bank, and he there paid me the whole bill; he went in first, and told me to wait outside, and then called me in and he had the money all ready for me; I don’t think I ever asked Echever myself for the wages; on one of the occasions, I don’t know whether the first or the second, he waa in the inner office, and in pass- ing said tome, “It Icould get so much money I would never go to sea again—I could buy a house in the ave- nue,” when I came on board, the schooner was laying in the North river, between Staten Island and Jersey; I went on board the evening of the 10th March; the nex morning we were towed to sea; before this the crew were at on board; both Captain Davis and the clerk came on ard in the ‘morning, in small boats with the crew; ho leit at Sandy Hook, and came back in the towboat; we mide the land about daybreak; a boat was sent’ for him; I was not in the boat; the boat was gone half a day; the pilot came on board about noon, and we came to an anchor about five or six in the afternoon; the persons on Doard were familiar with the coast; the anchor was out afer she arrived at Rio Congo; ‘went into the bay; we did not let the anchor go in the bay; she was fastened with lines to trees on shore, fore and att, to keep her from swinging; the creek or bay was not h-oader than this Court room, and we laid close fa shore; the shores were thickly wooded with high trees on both sides; we laid right in the middle; it took us a day and a half to get to the man- of-war; I do not know that it was the same river, but we followed it to Sierra Leone; for a day and night’ I ssuld not tell whether we stood out to sea; I was halt the time delow, sick. Cros#examined by Mr. Cutting—I never had been to tea before this occasion; 1 had been employed on passen- ger steamboats on Lake Frie, sometimes as steward or under steward; I was steward of the Empire, the old Eta- pire, in 1853; I don’t know the captai.’s name; I was two weeks on board detore 1 ever saw him; I do not re- member ever having heard his name , I was steward only three weeks; I did not like it; abe ran trom Buffalo to Ohio; she ran from Buffalo to Monroe and Tolede; 1 know where office was; I never had anything to do with the ceptain and mate; I was employed by the clerk to wait on the passengers; I don’t know bis name; J might have beard his name, but don’t know it; my wages were $15 a month; he paid me the check; I was not a waiter; I was not the head steward; I had beea for nay clerk ina dry goods store in Buffalo; this was in 1852 to 1853; my employer was Mr. Furstenthall; I went from there toa hotel in Buffalo as ‘aud stayed there six or sevon months; I then tool uation at Lica Creek; the name of the hotel keeper at Buffalo was Constantine; the nome of the man who kept the bar I can’t, at this moment, recollect; I came to New Xork some time in January or Feby unary, 1854, from Buffalo; I did nothing here; I was then nineteen years old; I went down to the place in South street, foot of Roosevelt street, in a shipping office, and put my name down; the shipping master told me he would let me know; I wanted to go to sea; I was to go on board as an ordinary seaman; the shipping master told me that I could not get @ situation as agreen hand, and that if any questions were put to me I must speak right up, and sey that I had been to sea before; I told him I would; this was about « week before I shipped; I bad been offered a situation on board the ship Kosquth, for Liverpool or London; the shipping master came to me q and asked me whether I wanted to go tosea that evening; I said that I did not mind. I asked what wages; he eal $18. I never saw Captain Davis or Stocker before; I was told that the vessel was to go to Slerra Leone; Captain Davie said, “I suppose you are aware what expedition we were on’ we tola him that we suspected something, but did not know anything. We then asked him what kind of « voyage it was; he said we were going to the coast for a cargo of slaves; I suppose if we dida’t agree we would be pitched overboard; we made no reply. Captain Davis said the Spanish captain told him to tell us that he would raive our wages; I can’t recollect now what was seid to Captain Davis by the other two men. I made no answer to the captain; after we came forward again we talked the matter over; I was somowhat surprised by this offer; I was astonished at it; I never # again to the captain until we came to the Bay; L never agreed for $90, but #@ claimed on my returp; at Bs Lik geie® Hin *) i SB, : mE ini ee i hether other ships were Iny cepueen cabagnatiamt the time that came board; they used to row abott; at the pisee helped to discharge cargo; they ‘did nothing e the all the . y helped as in work; I don’t kno these f or fifty we tee di ry. the lumber: three boards; we. wo side of the deck to podig= never counted ; there beards, or more; there was no lumber od wood wae board and lesen aboudicne feat aquest: going to Sierra Leone I saw only on one side; I thought, by the appearance of the water, it was {fn the river; I think the wind was fair; the rate of was five knots an hour; when we heard the fre Dave said he supposed there was # man-of-war about; we had betier take the topmasts down; she showed too much; three or four cays after that the herbie Capt. Davis was buried with the clothes he hed on; never was examined as a witness; there were a boat loads of provisions—rice and ale; about was rice; 1 had ncthing to do with Raj bet out the bill; I heard him talk to Mr. Milliken ; I told Milliken 1 wanted whether I could recover about my sickness; was said about $500; I'don’t know whether I thing about $1,000; this was two or three mont had the $24; I think I told Milliken about it, signing the general receipt; 1 told him all lars; I went to Echeveria’s office with Milh showed him the place; I don’t know what Milli only a fow words he ‘spoke in a low whis} t any more movey from him; after he could do nothing about it, I went to Stewart’s, and found Raphael there; Mr. Millikem was recommended by Raphael; I think Raphael went with me; R. told me Judge Stewart said he had ne jurisdiction of the case, thet I must goto the United States District Attorney; I never heard about my share of the fine from Milliken; I never drove stage in New York; I passed by the name of Friday Reduch; the of the schooner was painted over in the bay; I dea’t know of any whiskey on board; wo had’ not 168 bales of wobacco; I think there was 150 or 120 kegs of powder; we had’ rum puncheons; we had shooks; the puvcheons were empty; we had a quantity of rice, 15 or 16 barrels of ealt beef, ‘about the same amount of pork; don’t know how much ship bread; I don’t remember the marks of the cargo; can’t tell whether there was or not; there were four boxes landed; one of them com- tained dry goods; there were no bales on board to my knowledge; if there had been I would have seen thom om discharging cargo; [had never before been on the coast of Africa; Stocker spoke to me bout a letter. The case stands adjourned to Saturday morning at 11 o'clock. SENTENCE FOR SMUGGLING.—At the opening of the Veurt this mornicg Zacharivh Farstnor, who had pleaded guiltgy to a charge of smuggling ciamonds and jewelry im the steamrhip Washington in September, 1854, was sen’ to ten days’ imprisonment, ‘The Court ead that undec the circumstances of the case, the loss of the preperty, wnd the accused not contesting his liability, the Court would therefore deal lightly with him, and would impose no pecuniary fine, Supreme Court—Special Term. QUESTION OF GUARDIANSHIP. JAN. 10.—Wm. Mitchell, plaintiy’, ve. Oaniel Lit desendant.—Rooenvent, J appoints two persons the guardians of bis infant child,’ and one of them de- ciines to act in either capacity, the other becomes vested with the whole trust in both capacities, well that of guardian as that of executor. The guarcian so appoiat- ed bas the right to the “custody and mansgement pereonal estate of the minor and the profits of his real estate,’ whether derived from the father of the mimer oe from any otber source. A female, at the ago of sixteem, “may bequeath her personal estute by will,” in other words, she may execute in that manner the absolate power of disposition implied in the proprietory charae- ter; anc it follows as a consequence that, unless aj probibited, she may execute at the same age, im the some manver, the lesser power of disposition, demoai~ nated ix law a power of sppoiatment. No female, how- ever, under twenty-one. can make a will of real estate, whether in execution of the power of ownership or ef & power of appointment; the statute expressly forbids it. The executors of Mra. Brady’s father beiag “‘direoted,’? without condition or qualification, to sell all his real esta.o and to turn it into money, such real estate, im the eye of the law, must be deemed personal, and subject to the rules whish govern personalty. But the appeint- ment made by Mrs. Brady in favor of Mr. Brady, in pro- fessed execution of the power given her by her father’s will, although not void on the ground of her being under twenty-one, is void on the ground that the power. by its own terms, was to be exercised only on ‘‘tailure of issue,"* whereas Mrs. Brady teft one child, and that child takes, not through its mother, but direct from its mother’s father. Mr. Brady, therefore, took nothing under his wie’s appointment, and as & consequence could give notbing to his own executor as such—the plaintiff must. claim in the sharacter of testamentary guardian of Mr. Brady’s intent child, and io that character only. Al- theugh by the Revised Statutes the plaintiff in that cha- racter is entitled to ‘‘the cust and management? of the infant’s estate, yet by the code, s statute subrequently enacted, it is declared that ‘no guardiam arpointed for an infant shall be permitted to receive ee, perty of the infant until he shall have given suffi security ’’ &c.; and the Revised Statutes had pre- viously desiguated every person to whom a father should give ‘(the custody and tuition” of his child, by deed or will, as ao ‘guardian for such minor appointed by the father.’’ Were it, however, doubtful whether the code applies to any guardians other than those appointed by a Court, it would still be proper, in. favor, of infants, in Ail cases of tanta mentary guardianship, to require security, especially an such a guardianship may be created by a father whe Ht EERE og? feaGt i ay Hat °F ok himself is uncer age, the statute the right of pointment to father, whe: fall oge or @ nor.” A testament iam may nevertheiess sue ving security. It is for the Court, after deter- mining the amount will “approve,” and who has not accepted the office, either be made & party detendant, so as to bind him by the decree, or ve & written disclaimer, to be aunexed to an@ filed with the papers in the cause. Let the counsel prepare a draft decree according to the above notes of decision, and submit it for settlement om notice to the defendants. Court ot Common Pleas, INNKEEPER’S LIABILITY FOR GOODS LOST, JAN. 11.—Van Wyck vs. Howard.—Daty, J.—The ar- gument st the close of the trial, that the plaintiff ‘take judgment for the value of the jewelry, $32, was am admission of the competency of the witness Forbes; the sufficiency of the assignment, anda waiver of objection made to certain questions as leading. only point, therefore, to be determined is, plaintiff oan recover for the money was An innkeeper’s liability is not limited, like that fe carrier of passengers, to the care merely of that spesian whi of property comes under the denomination of bag- gage. The carrier of paseengers performs a distinct em ployment. He undertakes to transport the and his boggage. ‘The bageage in what sravellece unually care ry with them, or what is essential or necessary to the traveller in the course of his journey. The care of iti epee: and forms by eg ie i contract for the car- riage of the pastenger, for which the carrier is compem- sated by the fare or rate agreed upon. But for any- thing beyond mere ge the carrier is entitled extra compensation, it not embraced or compen- sated for im the fare paid by the agree ig sad if he has anything with him, not coming under ‘the deno- mination of of which the carrier is not ad- vised, for of the carriage of which he receives no it Is at the risk of the passenger, and the carrier is Hable in the event of its loss. But the occupation of the innkeeper is different, He keeps a place of entertainment for the reception of all who travel, whether in their owm vehicle or otherwise, in which the farmer carrying his Po hee to market. the trader vending his wares about ¢ country, the traveller with simply his baggage, or an Journeying on foot, equaily find ion; and where provision is made not personal entertainment of the guest, but and safe keeping of the property a ae As In a great changes have taken place respect to tl of the accommodation aftarded by inns, inn was a kind of warehouse or hostel, in whi Jers in jor from one part of the country te other for the purposes of trade or commerce ia i Ba en tem; accompanied merely their orc! baggage. The propeietets of such establishments as, make no pro- vision of the kind of accommodation that was afforded tay be the nature of the mn, or the dat . innkeeper receives the guest and his goods, he, charges Masaat with helt eate ot the innkeeper attaches, and that lisbility extends te ‘and movatles of any kind or desori goods, chat iption which the traveller brings with him, 08 Case, © Coke, 32. Anthon’s Law Student, 65.) ble with the safe keeping of For' therefore, was char that it contained; and even if the 4 rimantean and lefendant’s liability extended no farther than the care of the luggage of his guests, the money lost would come within what is usually known as baggage. Forbes wasa traveller who bad just arrived from Europe, having im bis portmanteau $450 in foreign and American pleces, @ sum which no court or jury could eay was more than was apo Bie} his ordinary travelling expenses. The plaintiff is entitled to judgment of $482. Passages of the Collins Steamers. TO THE EDITOR OF THE HERALD, In looking over the list of the passages of the Colling steamers during the last year, as pubished in ion per, I ras encprieed at not, posing ve Cae oe rs. eatin ge teins out ot ee putes (9d., 21h. 1 m.) She left her dock at 12:46 Wednesday, Septem! 15th, at 3P. rh it ber §, and arrived on Saturday, caving 9 d., 21h, 16 m. oa fh. xours, Our tables were prepared without regard to dif- ference of time either in making the calculations ef the eastern or westera passages. Hogce the ap- parent error.