The New York Herald Newspaper, January 26, 1856, Page 1

THE NEW YORK HERALD. WHOLE NO. 789. MORNING EDITION—SATURDAY, JANUARY 26, 1856. PRICE TWO CENTS. Col. Shaffner and the London RESPONSE OF OOL. SHAFFNER TO THE ATTACK OF THE LONDON TIMES—IMPORTANT DETAILS OF THE PRODUCTIVE FORCES OF BUSSIA—BELIGIOUS FEEL- ING OF THE PEOPLE—THS SUCORSSES OF THE AL- LIES REVIEWED—BABBABITY THE ENGLISH ARMY IN RUSSIA, AMERIOA, BTO.—IMMENSE PBE- PARATIONS OF THE RUSSIANS FOR THE WAR. MurRorouitaN Horst, New York, Jan. 25, 1856. To THE EDITOR OF THE HERALD. I have read the editorial of the London Times relative to ‘Che impressions expressed by me upon the prospects o Russia, in being able to defend herse:f against the attack | of the Western Powers. I bave sought in vain fora pomnt in that editorial which ‘would give me a basis upon which I could write au an- ewer. The editor certainly succeeded in writing a very funny article, and no one can fai! to be edified in its per- ‘wsal. But why did the editor deem it expedient to notice She article in the Hxzatp? Did it contain so maoy truths that they conld not be denied, and was the force of ridi- ule the only means by which the influence of those truths could be dispelled ? For the past few years my energies have been directed to the pursuit of lightning. The little flash which I put forth on Russia is followed by the Pimes’ thunder, As in electricity, the former is potent—the latter is harmless. In the Hera. article there was not a word disrespect- ful to the allies, Any comparison of bravery or manage- ‘mont of the respective armies was carefully avoided. My object was to speak about Russia only. There was no mecessity for me to criticise the conduct of the allies. ‘The whole world bas done that, and such a task on my part would have been superfluous. On reading over the Hxra.p article, I find nothing to correct, ao far as it gives a representation of vhe state of @hings in Russia. In that article, and while it was in ‘type, Imarked to be taken out all parts relative to my having been recerved in Russia with anything more than ordinary attention, and, also, those having reference to any visits to Cronstadt, Nickolaieff, and Sweaborg. This full correction escaped attention. I visited five of the prominent fortresses, but the details of what I observed Shere I cannot make any reference to in any manner whatever. All the representations which I made then, or mow, are based upor? actual observation, official infor- mation, or are taken from sources of unquestionable ‘veracity and correctness. I reiterate every thing stated in the Hxrarp article, witn the above modifications— which are not material in the premises—and now defy the Times or any other paper to disprove the assertions ‘therein made. It was not, nor is it now possible for me ‘to tell all that I have witnessed, nor a tenth of what I have heard in Russia. My impressions in some respects ‘may bave been erroneous. That which I heard, in many eases may not have been strictly correct. A traveller in @ strange country and surrounded by people speaking a @trange language, must rely very much upon his own observation. Ihave nothing to gain by the war. No one has any- hing to gain by it. The ead result of the bloody conflict 43 plainly to be seen all over Europe. Its dire effects, I fear, are not yet fully felt, nor do I believe its end to be near. ‘Dhave been cautious not to take any part whatever in war affairs. Some have supposed that I have been in the Russian service. There was actually found an American in London, who, for the hope of gold, was base enough to Swear that I was in the employment of Russia, and had aeceived large remunoratlon taerefor. These fabrications, ‘however, have been disproved, and I avail myrelf of the Present occasion to say that! never have been in the Russian service, nor have I ever received any pay from the Russian government; nor do I know of having ever ‘done anything to merit compensation, nor have I any ex- pectation of embarking in any enterprise in war matters, either directly or indirectly. All that I have done has ‘Deen confined to the assistance of Americans in the pre- sentation of inventions. I have done the same for Eng- Aishnita. I speak thus plainly to correct any suspicion ‘wpon thia question. The object of my visits to Rassia, doth in 1854-5, was conrected with telegraphs and rail- roads. My ultimate success depends upon peace. While in Russia, during the past two years, I have ead hundreds of misreprosentatione in the English pa- ‘pers about the war and that country. Many of them doubtless have been made with a knowledge of the fact to the contrary, and perhaps many through ignorance. It is difficult to get an Englishman to believe that there is truth or power in any other people but. their own. ‘This ignorance and meanness is readily seen by the forcigner when he enters that country. Intelligent peo- ple bave often asked me, in England, if we had railroads, telegrapha, &c., in America, These insults are not al- ‘ways the result of ignorance. They are put forth to make the American feel that his country is unknown to fame. Courtesy, particularly among officials, is a rare quality. Imthis respect the English will doubtless be greatly benefitted by the example of their nearest ally. ‘The want cf respect and decency tewards Americans is the cause of thetr hurrying out of England into France, where they are always treated with the most gratifying consideration. Ihave tra velled several thousand miles in Russia, and Ihave devoted much labor to the study of the govern- ‘ment, the people and the country. The government I Delieve to be the best and the only one suited to the people. I have never heard any one acquainted with Russia express a different opinion. Even Eng- lishmen there concur in this, The English ‘press seems to wonder why ‘out and out republican Yankees are so fond of despotic governments.’’ Ameri- ans are sensible enough to scan the relative necessities of nations. A republican government in Russia would be a diegusting farce. The masses are not prepared for it. Centuries hence they may be better fitted for it. France tried it, and fortunately for herself has since rifted into the presont imperial system. Even England is not prepared for such a high state of government as we have in Ancrica, With the government of Russia, as Americans, we have nothing to do, except to be obedient ‘to the lawg when we are there. As neutrals we certainly have a right to form an opinion as to the justness of the war, and in doing so we cannot see how England can expect the favor of Heaven in the end. It is from mer- Cenary motives and from apprehensions for the safety of her Indian possessions that she enters this mighty con flict, An imaginary Russian invasion of India makes England tremble. Her churches are filled with prayers for the cause of Christ and the suocoss of her army in the sustentation of Mahomedanism! Was hypocrisy ever #0 apparent? She cannot serve two masters. She must ‘de tor God or the devil. The Iatter seems to be her choice. As Christian nation, how is it possible for us to sympathise with such hypocrisy? We have no intrin- wic interest in the success of Russia. Our trade with England is, perhaps, fully $40,000,000 per annum. With Russia {t hes but slightly exceeded $2,000,000. Our commerce with the latter is so very small that ‘any one can fee that the Anierican people, in thelr almost unanimous sympathy with Russia, are not infla- venced by pecuniary or political considerations. Throughout Russia there {s but one opinion, and that ‘is, everything for defence. There are no internal divisions ‘there: but on the contrary, the whole nation is united in @ firm and resolute determination to shed the last dro» ©* blood for the cause of God. Fouds among the mem- Dera uf the imperial family are never heard of, English ‘nd French writers may indite letters for the press jn London or Paris, dating them from St. Petersburg, wad putting forth the grossost misrepresentations as to the focinl relations of the imperial family; but this tempo rary inflation of public confidence will avail nothing in the end. The Imperial family Is the most remar kabl; On earth for devoted affection towards each other. Thoy meet daily, and mingle their prayers for their country and the triumph of the cause of God in the unholy wa waged aguinst their church. The people assemble at ail hours in the open churches and unite in solemn pray- er for the same purpose. When they lie down St night, rise in themorning, and even in the pursultgof ‘their daily avocntions, they never forgot to offer up thoir qrayers for their Emperor and their God. Notwith- standing this seeming fanaticiem, there exists in Russia the most liberal religious toleration. All denominations mre found there—Greek, Roman Catholic, Armenian, Lu- theran, Mahomedan, Presbyterian, and even the ortho- dox Church of England, in which latter church the P tor never fails to publicly pray for “her Majesty tho Queen of England, &c., aud that she may triumph over ail her enemies.” Thus, in this wondorfuily despotic country, there is more religious toleration than would be submitted to in Mogiand, if we may Judge from the bad temper of the London press in reference to my published opinions on Russia. ‘The Russians do not feel humbled. Their confidence is in their God, and they believe that success will be ulti- mately their reward. Charles XII. of Sweded invaded their country; but the battle of Pultowa ended his tri- umphs, and eompleted the glory of Russia. Napoleon I. marched with 600,000 men, from battle field to battle fleld, and finally, after the bloody confilst of Borodino, at which 50,000 Russians sacrificed their lives, he took up his abode under the golden domes of the Kremlin. By the aid of Providence the army of Napoleon was anni- hilated, Alittle over two months ago, when I was in the Kremlin and upon the very spot where Na- poleon triumphed, I saw the young and the gray headed Russian offering up their prayers for the cause of God, which is again assailed by the allion. They. pointed, with tears streaming from thelr eyes, to the sacred tower of Ivan, from which Napoleon took the golden‘cross! Falling upon tbeir knees, and with their heads tent to the earth in humble adoration, they point- ed to the holy gate of the Kremlin, through which Na- poleon passed without pulling off his hat! Taney poiuted to the gold and silver coffins—the sacred receptacles of the saints of centuries past—which had to be moved from their hallowed spots when the enemy was approash- ing their Holy City. ‘The whole nation is beginming to arouse itself; al- though the Russians are slow in action, yet their deter- mination endures to the end. Another two years will find the wholecountry well prepared for the war. No one there regards the present state of things other than in the light of preparation for war. Everywhere the energy of the people is put forth in the steps necessary for defence, At remote distances tn the interior the soldiers are kept continually at drill, and the instru- ments of war are being multiplied with fearful rapidity. The entire Baltic coast is lined with batteries, and new cannons are being mounted by thousands, and new lines of defence constantly raised. Wherever you go the cry of defence is heard, and its appliances are seen. I have never yet met a Russian that was unwilling to fight for his God and his Emperor. I never heard of any resist- ance to his callsformen. On this subject I made dili- gent inquiries, The effect of all this on commerce has been a sad thing tothe merchants. It bears heavier upon the English and German merchants than upon the Russian. The cessa- “tion of commerce has caused the merchants is Russia to direct their energies and means to other pursuits, and hence the great increase ot manufactories. The cotton mills are running night and day. Progress in the arta ia to be seen everywhere. All kinds of tabiics, such aa silks, cottone, linens, laces, cloths, &., are produced in great quantities. ‘he London fYmes misy sneer at Rus- sian fabrics, but in time it will find that importation from England will for the future never be as great as it has hitherto been. The English government are grossly ignorant as to the extent of manufacturing Industry in kussia, They forbid the exportation of rolled iran to the Continent, expecting thereby to injure Russ‘a, while in fact Russia has been exporting iron to England, and has now on hand thousands of tons awaiting the conclution of peace for shipment. All sizes of plate iron are made there. Iron plates five by eight feet and co} per six by fifteen are made in quantities. blockade and non-shipment of iron do not affect the iron men of Russia, because sales sre made in advance for years, and the stock on hand is regularly paid tor as fast as it is made, In fact the iron business is much larger than ever, Tne foreign trade is the same. Tne weal genrumpeen Ce ae toi gies ter ield for the ear is supposed to be at least— tron 284,604 pe Rad ot hae ico 291,600 tons. The max inumi yield Heretofore has been abcut—of pig iron 213,852 tons, and of bar iron 153,245 tons. I have the prices of different years and I find no increase over the ‘times of a The sida of precious metals is very favorable. That of silver will not be very great, perhaps not more than one ard a halt millions of roubles. Platina mines are procucing about the same as former years. The copper mnes are yielding about 4,840,700 silver roubles. And a8 to the gold mines, they are doing better than ever be- fore. The income for the past year will be about 26,000,000 roubles, the maximum heretofore being, in 1848, 22,725, - 000 roubles. The sgricultural districts do not seem to be affected by the war. The crops of wheat, rye, barley, flax, hemp. &. appear to be about the same as in former years. i saw no waste fields nor any want of tillers. In the Smo- Jensk and Saratoff governments most corn is raised, and my observations in the former led me to believe that ‘there was no likelihood of a diminution of crops. As to labor, there is plenty o/ it all over the empire, and at the fame time I may say that I saw no great suffering from 'Y. There is no starvation, and beggars are less nu- merovs than in England, in fact I have seen more ‘beggars in Liverpool and London in one week than I saw in my whole two years? tour in Russis. Having thus spoken of Russia and her power to main- tain herself in this war, I desire to notice a few cf the wenderful successes of the allies, viz:— Bonansvxp.—The English fleet appeared in front of this old hospital.in the most magnificent array. The French landed and attacked the rear of it, which was not osustucted for defence. The English fired away, and notwithstanding the guns of large calibre which they had, their shells and balls did no more hsrm than 80 many popguns. It is true they made considerable noise, but that was all. The French attack inthe rear occasioned the surrender of the old barracks and hospi- tal, which the Russians never opment would hold out agsinst any moderate attack. 1 took the news of the surrender to St. Petersburg, and to my surprise no one seemed to care in the slightest degree for the Jose, as they knew that the could not stand. Infact, it had been determined long not to attempt to hold them with anything like a formidable force. Skvastoror.—At this place the allies have fought with bet a a a gine sore allhands, I have said, and affirm print, that English attack on the Redan was as brave an act as was éver performed by the arms of any nat notwithstanding that the editor of the Times shamefully abused his count for not ac- complishing impossibilities. .The had the most difficult position, For some distance in fromt of the Redan the surface is rock, andit was not possible for the ap- proaches to be brought near it. In storming the Redan the English had to pass over s platen of rock, and were subjected to the raking and deadly fire of other batter- ies besides the Redan, and evory on the Redan mound was effective. In the face of these dreadful bat- teries the English soldiers bravely made assault after assault. The situation of the French at the Malakeff was very different. In front of this mound there is a clay soil, and the French were enabled to make their ee 80 close to it that it was not possible tor the Russians to deflect their guns to do much service, and hence the defence of this position was made with the bayonet. The bravery ot the Englien on this occasion, the Russians consider, was equal to that of the French, though not so fortunate for them. Of the im- mense line of field works of the Russians tn front of Se- bastopol, only a few feet were taken by the alles until after the Russians had evacuated for the north side, and then they only advanced in smali squads, and with much fear and trembling. Kinacrn,—The Pimes almost went into eestacies over the taking of this sand bank, and the eapture of some jew men, women and children. To have read the ac- counts published, one unacquainted with the facts would have supposed that Kinburn was a great fortress. What are the facta? There were a low Tarkish guns there, but bn 4 were so old that they were nearly eaten through with rust, and could not Rove thrown a ball more than scme four hundred yards, I was informed that many of them had not been fired for a hundred years. I snppore that one hundrea Kentuckians, armed with sharpe’s rifles, could have taken this fortress. The English have a great faculty of, glorifying themselves on » small amount of capital. They may rest content—they will find no more Kipburns, A few days more would have found that place in ruins. dq Swxanond.—Here are a few items for the edification of the Zimes. ‘The whole world was boastingly informed, af. tr the miniature bombardment, that “Sweaborg was no more.’ What are the facta? The allies landed on a small island near the fortress. They fired away with very com- mendable energy for a few days, throwing a few thousand dalle, some 15,000 shella ‘about 5,000 rockets. fhe damage done to the Russians was very small—about 80 persops— men, women and children—were killed; a brick varrack and the old Swedish workshops were burned. ‘This was all, The allies did their best, until they wore out their mortars, when they moved themselves off. for the especial intormation ot the Times,I can state that neerly all the damnge done at Sweaborg was effected by the French. Tho English did no injury whatever. At the very tims the bombardment commenced the Russian offi- cers were makirg the estimates for the cost of the remo- val of these old buildin As they were burnt they had nothing to report, but that ‘the allies had removed them fee of expense, and thus the government had saved a considerable sum, besides gaining into the bargain a large quantity of old’ metal, in the form of Dalle, broken shells, &c., which at some time or other will be of considerable service. These being the facts, I suppose the tele graph made a mistake in toe transmission of the news. It should have read thus: ‘The old wooden work- shops of Sweaborg are no more.” Kenton —Perhapa it would be well for the editor of the Times to examine into the conduct of the Allies at Kertch, which place was taken without defence, and was entitled to their most generous consideration. How were the poor Russians treated, and particularly the women Husbands, fathers and brothers were brutally murdered wherever they were found. The ‘women were treated worse than beasts. Only think of a elvilized army seizing upon these unfertunate women, jand allotting one for about over fitteen poltiers, and making them the victime of th beastly lust! But this was not all, Those fow women who survived this shameful outrege, were brutally mur- dered by the Turks, The aacred vessels of the churches were triumphantly made the receptacles of their loath- some filth, 1t is beyond the power of the pon to describe ‘the fearful scenes which took place at Kortch. When these facts became known to the Rusrians, their hearts were wrung with grief, and their eyes filled with tears of rage nt the outrages committed on their people and their sacred shrines, This species of barbarisin {s a common feature of Eog- lish warfare, In their war in India their course was marked by the blackest of deeds. In the American war of IV, like barbarltios were at Orleans, insp red his woldiers with the hops of. rapine and the violatio that rules the of men mini by exai the old archives in London. give these extiacta to prove that the warfare never haa teen otherwise than barbarous. Should the editor fail to find them, i; will afford me sure to pbs their correctness. The scalps may be found, per- ape, among the old American relies. COPY OF THE CONTENTS OF A FEW PACKAGES OF AMERIOAN SCALPS, SENT TO THE ENGLISH GOV- Bert cantetstog 18 seal of Congress eoldiers, killed 0. ‘conta! 4 in kirmts 1 tees are stretched on painted red, with's ptaall black spot ta donate thels being I a ’ Killed with’ bullew'; alto, 62 farmers, killed in thelt houres, the hoops painted red. * # 8 + No. 2. 98 ot i Contairing farmers, in their houses; hoops red, e of w hoe to -Uheir profes- tion, great'white circle and sun to show they were sur- prised in the day time; a little red foot, to show Sood mm their defence and died fighting for lives an No, 3. The package @ntained the soalps of 97 farmers, killed im the fol, : No. 4. Containing 102 scalps of farmers, mixed of several of the iarks shower cain y, 38 with » flame, to denote their be! of ners burnt alive, after being sca) the pulied out by the roots, and jr torments; one of these suppored to be an American clesermeD, his bands fixed to the hoop of his scalp. Most of the farmers ap- Tisce Gotog wot tctytarres wiry whey bent soning iors ere sixty-seven very gray among ay yiiok makes the peeve mn essential. to os io. 5, containing |ps of women; hair long, - ed in'the Indian fashion, to show th ; hoops blue, skin yellow poles, to represent, by way of triumph, the tears of grief occasioned to thelr relatives; a black scalping knife or hatebet at the bottom, to mark their being killed by those instruments;17 others, hair very gray, bisck hoops, plain brown color: no mark but the sbort club, or coup tele, to show they were knocked down dead, or had oe es boyy’ setne, of ac iO. cont seal various sxcall green hoop, “whitish ground on the skin, with red scars 1m the middle, and black marks, knife, hatchet, club and ecalping suife, &c. No. 7, ecntainirg 211 girla’ scalps, ig and little, small yer hoop, White ground; tears, steht, club, sealping nile, No. 8. This package is a mixture of all the varieties above mentioned, to the number of 122, with a box of birch bark containing 29 little infants’ scalps, of various sizes, fmall white hoops, white fen, no tears, and only a Jittle black knife in the middle to show they were ripped out of their mothers’ bellies. Comment is unnecessary. The blood curdles on read- ing Lert official ascounts of barbarities. shame on England! he editors of the London Times and their credulous readers may enjoy the fond hope that Russia is humbled. The whole world knows very wel that ifthere is one of the Powers in this war humbled, it is England. ‘Seen men, it is true, do not think so. It is said that ‘igno- rance is bliss.” and in fan Herhgcd See axioms peers! Perhaps another year will satisfy them ussian epi yet fully begun. As to the probable end of the war, 1t has not as a been made a subject of caleu- lation in Ruseia. That is a question for the future, too carly now to be talked about. Russia never will submit to terms of that are in the slightest degree hu- miliating. has the men, the means and the courage to stand by the Cross with steadiast devotion, She has full faith in the power of God to lead her safely through her present difficulties, and confidently 100s forward to a us reward for her sacrifices in his service. e Russians feel that they are contending against a barbarous foe. The past has confirmed the correctness of that belief, and their whole teaching leads to the same conclusion. ‘The sacred a‘tars in the churches, the go!d so lavishly spread upon their thousands of domes and epires, the relics of departed friends, the sacred orna- ments of the images, the silver and gold that hold the |, and the last breath of the last Russian will be sa in this war, ere there will be peace, unless the spotless banners of Christian faith are pre- served from sacrilege and desesration. TAL. P. SHAFFNER. City Intelligence. THE ICE IN THE RIVERS—DETENTION OF STEAN- BOATS—ANOTHER COLD SNAP. Accounts from all parts of the country show a very gcneral reduction of the temperature during the last forty-eight hours. In this city the weather is very cold, and the effect of it has been to amalgamate the flonuing masses of ice in the rivers, and navigation has thereby beccme very difficult, During Thursday southwesterly winds prevailed, and drove the broken ice in the bay up the Fast river with the flood tides, blocking up the nar- rower channels, and detaining all the Eastern Sound boats beyond their time. The boat from Norwich was com- pletely inbound at Throg’s Neck. The ferry boats to Williamsburg and Brooklyn are greatly impeded, the slips being filled with ice, which becomes jammed in as the boat enters, and in many instances long planks have to be used to get the passengers achore, It looks like great lack of enterprise in the compantes not to keep their slips clear. By a proper system of guards at the end of the piers it could be done for a very little cost, and would save their patrons much annoyance. So far this winter bids fair to be more severe than any we have had ina number of years. We certainly have kad more storms, entailing great loxs of property, dunng the preezt month than occurred in the course of any three months in the year 1865. Let us hope the old adage will prove true, and that after the storms of Janu- ary will come the calms of February and March. ‘Although the fempereture in very low in this city, it varying during the last th'rty hours from 16 degrees’ to 20 es Fahrenheit, stili the weather is clear, sunny and bracing, and to those who are warmly clad very jearant. The only drawback to its perfect enjoyment y our citizens, is the shameful condition of our streets and sidewalks. It is aimost impossible to walk a block without being {ripped up by the hard, slippery ice, and crorsing the street ix out of the question. We learn that Staten Island Sound is completely frozen over from Elizabethtown Point to Bentley’s dock, and the teams are crossing over from Jet to Staten Island in every cirection ; indeed, that beautiful little island is practically annexed to our neighbor over the water. ‘lhe steamer Thomas Hunt, now running from Amboy, capnct touch at Sently, and instead stops at Seguine’s Point. This cccurrence has not happqned since the year 1837, when cartloads of ice were carted over from Hollins’ Hook to the Point. ‘The steamers from New Haven. Stonington, Norwich and Fall Rivor came in at an early hour yesterday af- ternoon. They were delayed two or three hours at ‘Throg’s Point, by the ice, which at that place presentod an almest impassable barrier. On account of this, they did not leave here again lastevenirg, and it is thovght the inland navigation to the east will be sus- pended during the pressnt ‘‘cold term.” If so, due no- tice will be given of the time for resuming their regular trips. Goon News ror Roevre—Orex Hovsrs ror Tmevrs,— People wonder a good deal why #0 many robberies are ccmmitted, but Captain Letts, of the Seventh ward police, in bis return to the Chief's office yesterday, expinins how the thing is done. He saye:— cA No less than 249 houses were found open between 3 o’clodtt nd sunrise this morning in this ward. On Catherine street 1; Market street, 3; Monroe street, 49; Grand street, 2; Madison street, 31; ‘Division rape 17; Hamil street, 21; Henry street, 2; Cherry street, 29; Fast Broadway, 4; Water strect, 18; Pike street, 6; Rutgers street, 2; Montgo: miery sirest, 9; Scammel strevt, 4—a general invitation to thieves to walk in and help themselves. this rate there cannot be lesa than from four to five thousand houses open every night. We give this notice for the benefit of whom it may concern, AccIDENT 10 AN ARTIST.—Mr. William Marsh, merine artist, we regret to learn, slipped on the ice a few days since, and mnjured himself so severely that he kas been contined to his bed ever since. His right ancle was dis- located, and he was otherwise much injured. Muutary.—Lleut,-Colonel John MoCunn, of the 76th regiment New York Btate Rifles, war unanimously elocted lonel of that corps on Thursday evening laat. Obituary. JOSH SILSBEE, COMEDIAN. We hear by telegraph from New Orleans that tho well known comedian whore name heads this notice died at San Francisco, about the 20th of last month. Mr. Silsvee wasn native of the town of Wayne, in the county of Steuben, in this State, and made his first appoarance ina Yankee comedy at the Albany theatre, about ten years since, and afterwards played at the Chatham. In 1850 he went to London and made his ded at the Adelphi a; Jonathan Moughboy, in “The Forest Rose.’ Mr. Silsbee was much Mked in London, and played at the Adelphi through nearly two seasons. Returning to America, he played his first engagement at the Broadway theatre, ccmmencing the ecason of 1863, He did not please hi own countrymen so weli as the Londoners—his portrait- ures being very broad caricatures, and making the Yankee character too gross and monstrous. Hie had a round, jolly face and much mobili- ty of countenance. He was often excessively funny, Fnd evidently powressed the clementa of his art. He needed taste and s good school. He wns, however, ate «uel to HDI, whom he imitated, but inferior to Mi or Burke. Ho travelied through the couatry during the the season ot '53 or ’54, and went to California about « year since. He was only mcderately succcestul in the Golden State, and we heard some time since that his health was impaired. Mr, Silsbee was about thirty-five yeara of age. His personal cnaracter was above ro- proach; he was a worthy, quiet, conservative, tempe- rate, prudent man, and had, we learn, secured « hand- foe ecmpetence, He leaves a widow and children. ‘there seems to be a mortality among the ‘Yankee come. roms," 50 called, Messrs. Marble, Hill and Burke all ed young. The only representative of this style of pret tbat we bnow of new ie Mr, MeVicker, who roent- y trvtved bere rem w Buroycan tour, BURNS FESTIVALS. ‘The Celebration at the Pacific Hotel. ‘The anniversary of the birthday of the great demo- cratic Scotch bard, Robert Burns, was celebrated last evening in the Pacific Hotel by a large number of his countrymen. An excellent dinner was provided for the Occasion, to which about a hundred sat down, The dining-room was decorated with the American and Eng- sh flags, while above the head of the President was dis- played a transparency of Scotia’s tavorite poet. Mr. Vire Ciirebugh presided, Mesars. J. McAdams and Joho Btraiton officiating as Vice Presidents. Before the com- pany proceeded to dispose of,the viands, the President, in accordance with the time-honored custom, recited Burns's celebrated: Address to # baggis,” which is a sort of pudding mush in fever amodg the Scotch: The following” verse gives a tolerably fair idea of the whole : Fair fa’ your honest gonsie face, Satienwhg Steen" |, tripe, or: i ‘Weel are ye worthy of a grace ‘As lang ’smy arm; ‘The haggis,” it is sufficient'te say, is woll worthy of the praise bestowed upon It. . ‘The tables cleared, the first regular toast was given as follows >— ‘The day and all who honor it, ‘Then tollowed— ‘The immortal genius of Robert Burns. ‘Mr. CurenuaH responded. He said—Another year has rolled round, and again we meet to honor and commemo- 7a1¢ the day which gave to Scotland her own peculiar na- tienal poet. ‘This is the anniversary of Burns's birthday, and I need not say with what strong ands! enthu. siasm will this day be celebrated, not only over own jand, but in every country to which an edventarous spirit has carried her sons. Om such occasions nationali- ty becomes s virtue; for what else is the memory of Barna but the me of all that dignifies and adorns the region that gave him birth? Not till that region is shorn of allits beams, its honesty, ita independence, its moral worth, itd genfus and its piety, will the name of Burns “Die on ber ear, a fain‘ unheeded sound.’’ Surrounded as 1am by fo many of his countrymen and his admiress, who are all, I have no doubt, 8 fanned in ali that appertains to his life, character and writings, it appears to me superfluous to occupy much of time on the subject. Still, the subject of Rovert Burns ia a theme so-varied that you cannot weil exhaust it. In works he bas proved himselt a thorough S n, and his nationality, like cream, floats on the surface of all his writings. Mark how ceep and sincere is his love to his native land. He sung its hills, ite streams, its glens, its heather and its ‘wee modest gowan,” with a sweetness and pathos never exceeded. With what devo- tion does he pour forth the praise of Scotland’s bonme Jasees, his love and admiration for bonnie Jean and his Highland Ma y! With what Punch-like spirit does he launch his satire at the head of old Mother Kirk, as well as at her holy zeal her byposritical disciples! Now he revels in the honest pride and upright patriotic spirit ot his manly independence. a letter to Cleringa he says, “1'am as proud as ever; and when J am laid in the grave I wish to be stretched out at fall length, that I may occupy every inch of ground I have » right to,” What although the mortal has passed away and “sleeps bis last sleep’’—his spirit still lives and breathes in the light of his poetry, which, to all men, at all times and in all places, wil! ever exert a pleasing and powerful ixfluence for good; not only make us feel better mep, but make us feel more kindly claposed to the whole humanfamily, (Applause.) His fame is ‘‘not for a day, but for all time.” It has universal. Like the for est { flowers, whose sees have: been wafted by the winds of heaven over the carth, they have taken root, germinatec; blossomed, and now shed their fragrancs around, giving Joy and’ pleasure to al the worl. (\p- plause: ‘The third regu’ar toast— ‘The Land 0’ Cakes, —was drapk wi h three times three. Mr. Cuunravcn then said—Gentlemen: It is well known to many of you that another meeting of this kiad is beit held at Tammany Hail. The Presi’ nt called on me, an saying he would be glad to exchange courtesies during the evening. 1 said I bad no objection. 1 will now ap- point Mr. Lane, Mr. Burt and Mr. Masoo a deputation to visit ‘Tummany Hall, and give to our fiienda there our \earty and frienoly salutations. Mr. JANECK then, at the call of the President, favored the audience with an excellent performance on the piano, which was receivad with peniansiente. Mr. J. G, McApam being upon, proposed the fol- lcwing toast: — Poetry and Pensantry of Scotiand—The first the essence ct patria and morally” the vlber the ‘mousl of inesety, Perseverance and wortb, Mr. Prevident, I will eafl out intew remarks before you, althovgh I'am not a nautical man nor a naughty man. (Applause.) t is naturel for man to love the Jana of his birth, Therefore it is as natural for Sco- tia’a sons to love own clime as it is for other people to love theirs, Bat upon this occasion we do not turn to our own loved land from sympathy only. No, in the affection of her own people she ‘is secure, and rests safely upon the Jaurels of the past. But thore is one of her sons who claims our homage here to-night. Be éid not belong to the aristocracy, but was one of Seotia’s peasantry, cradled in poverty, reared in honest livelihcod, and buried in grief. (Applause.) At this trerent time the spizit of Burns exerts q salutary influ- ence throughout the world. Tie is read of by both nch and poor, and he exercisas 2 Cominion over Scotland and Seotchmen, as evinced in this gathering here. Why is it that he exercires such an influence over his fellow men? It is because be did not write upon some poet’s fancy, but he wrote from nature, and pictured to us the wor! just as it was. I will pot occupy your time further. Mr. McAdam sat down amia applause, and then was drank, with all the honors, the toast proposed by Mr. McAdam:— ‘The Poetry and Peasaniry of Scotland. The PResikNT read an admirayle poetic eulogy of Burns, which was written for the occasion by a lay. We give the concluding veree:— Juick Mercn: eeds with the prayer to Jove, ora bard who would sing of pure nature and love; The god in loud thunder the answer returns: ‘The prayer is grantod—I give o you Burns. The deputation from Tammany Hall, consisting of Meters. W. Miller, James Gibson and Andrew Turnbull, now artived, and took thelr soats on invitation with the vert of the company. The following toast was then read by the Vice Pres!- cent, Mr. McADaM :— Both sides of the Atlantio—May war never divide them more than the ocean between them, whose clear bosom is the retiex of Divinity. Dreak with all the honors. The Prisipsnt, at the request of the company, then seng that grand democratic song, “A man’s ® man for a’ that,” which was encored with loud applause. ‘The Praswext then formally announced the prevence of the deputation from Tammany Hall, and said he was rejoiced that in the city ot New York two bodies were celebrating at the same moment the anniversary of Burns. I rejoice, Mr. Miller, to greet you here at’ the head of this deputation from’ our sister society. I hope you will find yourselves comfortable where you are, and ve inno hurry to part with us. Take back to your society our best regards, I dri iuk— Success and prosperity to all the societies in the world who bave met to-day to do honor to Robert Burns, but partic ularly to the company now in session at Tammany Hall. (Loud applanse,) Mr. Miu, Chairman of the deputation, said—I feel complimented by the manner in which the President hay noticed our meeting at Tammany Hall; and next year, [ hope§ we can all meet in one room, where we can stand all togetber, and haye one grand jollification over the memory of the great poet. I hope this will be the last time we rball meet separately; but together we shall il- lustrate the truth of the glorious song just given— ‘The world o’er man shall Brothers be and a’ that, Mr, Givsox, of the deputation, then being called upon, gaye @ song, which was loudly cheered. Mr. TuRNHULL, of the deputation, then rose and asked Jenve to eed toast. He raid this was the first time be, hed tha pleasure of celebrating the memory of Burns. rink:— Tho health of the sons and daughters of Sootland and the ad- mnirers of Burns Ur oughout the world, Drank with applause. Mr. S1rAiTON, the Vice President, thes gave the fol- lowing toast!— eae Bards of America—Their genius must win for them a Mr. Draven, on being called upon, responded, and gave the following toust— nities: ‘i American Histories and American Fiction—Bancroft, bit aay bk language of our bard, “are names that were ‘The following felegraphis despatch was recsived from the President ofa similar Fatvering of the sons of Soot- land, at the Tontine Hotel in New Haven, who were ele- biatieg the birthday of their great poet:— To I ApMineRs ov BURNS ASsRMMERD AT THY Pactrt’ Hietri=-May they aye be able to wauchel through on thelr ain icet, a credit to thelr auld torefathers and an honor to them- selves, Ma when age shall bleach thelr crown wie in nave hang: 4 down, fount to Ught and lite There to enjoy the areon Burne’ Prettvas Tote. The peaking and singing were kept up till after mid- night, when the ecmpany feparated, well pleased with the manner in which they had paased the evening. Celebration of the Birthday of Robert Barns at Tammany Hall—Speeches, Songs and Sentiments—Haggis and Poctry. The seventy-pinth anniversary of the birthday of Robert Turns, the Ayrshire poet, wax celebrated appropriately at Tammany Hall last evening, by over two hundred of the sons of “Old Seotia.’? It appears tho company assembled at this place were composed of the more democratic element of the Scottish population of this city, who object to aristocratic cele- brations of the natal day of the peasant poet. They were of opinion that ten dollars was quite too much to tive fers runper ticket, and so they projected one for 21:°6, which, wa the event showed? was quite aueseseful, At mine e'duh Use mpper koopa, y Carery Mr. Geo. Brodie occupied the President’s chair, paapcteatl on each aide by distinguished invited guests, At the foot of the table were seated the Vice Presidents, Dr. Hislop and Mr. Wm. Miller. After an appropriate grace from the Chairman, the company proceeded to discuss’ s characteristic repast, paying especial attention to the “‘paggis,’’ an old fashioned Scotch dish, invariably served up on such occasions, After the tables were cleared, ‘The Cuamman rove and ‘stated, that as the good things had been eaten, he would give them a little dessert. He could not much; he had been compelled to sup- ly 350 hungry Scotchmen with one “‘ He had kes with sladle and had finished with a teaspoon. Brodie gave a humorous account cf his efforts to get up a speech for the occasion, and he confessed that, if he had one, aks SNe See, him nervous ‘takin’ motes’ would make could ys get on. 4 is 8 ip oe the speaker, though, to suppose Burns was not educa’ He was chemo ® ploughman, and a good one. had Jenny Wilson who taught him faring; love and &# generous na‘ure gave him the rest. fle was a sweet poet and @ noble man, who sang of love in charming strains, He wasa polttician—a republican. ( Applause.) When in the theatre. in Edinburg the audience rose and applauded Pitt, Burns alene stood uncovered. (Ap- plause). He loved Washi more than Pitt. (Ap- Plauee.) Aristocrats were aversion. Now aristo- crate are sometimes very good people, but like the hone — ore sweet, yet is found in a dirty vessel, ure). 6 as eecore:ttien: gave the first toast, as followa:— ‘The Worshippers and Workers Out of Liberty in all Climes and Countries—They are the leaders oi humanity, by the light of whore intellect a bappy tuture ec pre the ob- Ject of their highest aspirations ve realized in the cf mankind, Mr. Taos, Frazer responded. Asa devotee of liveral principles be bonored Burns. Sev! mm could look back to a Wallace and claim him asa lover of his coun- try—another Washington. All of old Scotia’s children are lovers of liberty, and be for one gloried in the great Ameri- can principle enunciated by Jefferson: Equality before the law, liberty for all. (Great applause.) Mir. F, recounted the deeds of Scotchmen in of their liberties when assailed, This gatecring he declared was the largest that had as-embled in this city to celebrate the bi day of tle great republican poet. (Applause ) While there is 4 man who can despise the lor: for his pride, there will be {those who will honor and revere the memory of Burns. Mr. F. closed with a poem, ending as follows:— ‘Oh! till from vale, And ‘where the ioountains rise; ‘The beacon lights of liberty, Shall kindle to the skies.— (Great applause.) Mr. Wa Mier then sang: ‘A man’s « man for a? vat) At this stege of the proccedings a delegation from the other Burns Association, consisting of Messrs. Mason, Laing ano Bent, made their appearance, and were cor- cially received. Dr. Hystor was introduced. He deprecated the idea that foreigners should not meet to celebrate national i All who claimed the title of man, or had =“ itarian teeling honored Burns. He was @ republi- can—a true one. (Applause). While he loved America and American principles, he confessed a regard for old Scotlaxd, and would feel it while he lived. He closed with an appropriate toast. ‘The second toast was then announced, as follows:— ‘The great hearted poeta of nature. Throughont all time they are the priesthood of freedom. Their writen souls are tho kerk ptures of progress, May the worla worthiiy imbibe their ions. Mr. James B. Dusx replied in a highly poetic strain of remark, that excited great applause. The orator was ot opinion that no language was like the Scotch for con- veying pathe:ic and humorous emotion. There 1s only one species ot poetry that touches the heart of all men and that is the lyric. This is the kind most sung and most admired, and this was the peculiarity of Burns. The #peuler closeo amid great applause. Mr. McDougal then he ‘Spot where I was born’? effectively. Mr. Jous Mason, from the Pacific Hotel gathering, said, n bebalfof the delegation he was with, that they had come to do honor to that man who had given mankind a high iceal ot maphood.. To realize Burns had given the laborer hope. No longer need the workman hing bs head in shame. for Burns had made labor digni- fied and honored among men. (Great applause) Mr. Mason was glad that the two meet were held, for no 100m woul! hold all Scotchmen who wirhed to honor Burns. The Chair said this was a capi- tal Moeon, and no coubt could make a good toast, whereupon Mr. Mason responded in the following couplet, composed by himaelf:— But while anid Scot Or on her back there’s left a rag ‘She'll wade thro’ thick and thin, nor lag, To soun’ thy fame, Tho’ wi’ the last plack in ber bag, ‘And iar trae hame. Mr. Laine nang, and made a brief apeech, in which he . ‘Burns.”” ‘RUDENT then announced the followivg toast to be sent to Albany, Washington and such other places where the memory of Burns was celebrated:— The sons of Scotia aud the lovers of Burns throughout the world, Received with all the honors. , Mr. C. Livixston sang ‘ My Nannie 0,” which was loud!y applauded. ‘The third toast ‘The memory of Burns, Was drank standing and in etlence. Mr Thomas Frazer was called upon, and responded in an origival composition, of which the following verses are a fair specimen : Tn him puir human nature's heart Had aye a friend to take its part, Weel kennin’ wi’ what wily art ‘The parsions goad Frail man to lightly wisdom's ebart And love his road. His was the soul to do and daré; Bis was the noble breast Inid pare, Showing what life had writer there, Ashe 4 And though a’ earth in Burns wmy ehare, He's Scotia’s son. Proud, stern, yet gent’e as ihe tone ‘That thrills a prayerful mither’s moan, He never anooled to thane or throne Servile and iame;— Fo! for his heart was Freedom's own— Be ours the same. This was loudly sj The ued, President read the following: The meetizg of Burns’ admirers, at Stapleton, Staten Island, to their friends at Reg ty akg he PA close pri pd rg ers 8] ‘foun to maa the world o'er shall brother be fer a? that.” wg, ‘0, Sotland, I Love thee.” iia (Vice Presid it), Mr. Mituxn, inf. **Croupier,”” (Vice President), Mr. Mitte, infermed the company that he had waited on the admirers of Burns saxcmbled at the Pacific Hotel, and was well and cordially received. He hoped that hereafter there would cnly be one celebration of the birthday of the peasant band. (Applause. ‘The nixt toast wus the fourth, as follows:— ‘The Jand we live in, and her glorious independence. —Let patriotiem guard and purify her noble institut‘ons, and while the sters end stripes wave # wide welcome to the sed of every nation, may the wings of passing time still brighter tan the flame of er own vationallty. Mr. Miim responded, and sald that no Scotchman couid fail to revere the land they lived in and gave them protection. America and its glory and liberty were dear to all, and to none more than to the true sons of Scot- land.’ He closed with a toast, received with three times three, ‘The following toasts and responses were then given:— bin President and Executive Goverament of the United Fiates, Reply by Captain Halsey. Sorg—‘‘Death of Warren.”’ The Government and Magistracy of the city ot New York. Reply by Jas. Salmon. ‘The I; reaaible Foe of all Opressors— A free vress—May it prees on with the growing pressure of right, never depressed snd suppressing no truth, while leaving everywhere lis own bright impress, Replied to appropriately. Song by the Messrs, Muir. Our ‘Nailve’Land—Auld Scotia dear—Her battle fields are monuments of freedom; her gray, cairns are the eactad altars of liberty of conscience. the wild echoes of her gien still sound the solemn straina of persecuted woe her ragged hills have been the bulwarks of undaunted independence; her fire- sides have been the thrones of affection, and even ‘yet they throw thelr slowing, sparke of love. serchs ihe wide Atlantic. wuld care gruse forever heart wr ee o by ag Jang syn . : Turnbull. ee oad Yet,’ D. Smith, and ‘The Thistle,” bi ie ‘Weans (God bless them a’)—May the queens vo resides be aye gracious and every bairn right royal ita gooda overly by W. Miller. Song:—"Butlding Castles In the Air,’ J. Gtbeon, and “Of a’ the Airs the Wind can Blaw,’’ Lewingston. The Learned Prefessions, Reply by Dr. Norval. The compsny kept up to a late hour, to the ‘‘wee small hours agent the twal,”’ making speeches, giving toasts, singing songs, drinking hotScotch whiskey punch, and buving ® Very good time generally. The assemblage ae. varated with cheers for Mr. Brodie, who filled the chair rwoxt acceptably. TwroRTANT TO PosTMasTERs.—Our attention has been called to the fact that some postmasters are in the hattt of sending back to the mailing office letters reach- ing them for delivery, because they were not prepaid by stampa, but by money. This is wrong, ard arises from « misapprehension of the law. In no case, indeed, should a loiter, after It has reached the office of delivery, be re- turned for postage, much less should it be returned be- cause the postage was not paid by stamps. It is the general duty of postmasters to see that letters are prepaid; Dut when (having been prepaid in onsh, either through jorance of the law, or in- advertence, or want of stamps on the part of the wniling postmaster) they roach their destination, it is the duty of the postmaster to deliver them the ame as though prepaid by stamps. It will necessarily happen, in Introduction of the stamp pre-payment system, that supplies of stamps will fail to reach some of the tmall ana remote offices at the proper time, and it would be Coing violence to the citizens of those localities to return, ai ndence, because of a citoumstance so unavoidable. Fn ertaining this view of the subject, the department bas inetrneted post masters, not having stamps, to forward letters as here- tofore when prepaid by morey. If an nnpaid letter, from any cau, gots into tie mail and reaches Ite dosti: nation, Ht sheuts be delivered on yaymen of powlags at Bp eprld rare thus delay, their The Northern Affair. U. 8 CIRCUIT COURT. Before Hon. Judge Ingersoll. Jay, 26.--In the Matter of Jos. L. White and Others, In- dicted yor Obstructing United States Officers.—The Judge, this morning, rendered a decision denying the motion to quash the indictment:— The indictment in this case 1s founded upon the 224 section of the act of Congress of 1799, in which, among other things, it is provided, that if any person or persone shall knowingly and wilfully obstruct, resiat or oppose sry officer of the United States in serving, or attempting to berve or execute, any measure, procers or warrant, cr any rule or orcer of the courts of the United States, or apy otber legal or judicial writ whatsoever, such persea or persons shall, on conviction, be imprisoned not ex- ceeding twelve months, and fined not exceeding three hundied collars. (1st volume Statutes at Large, p. 117.) To constitute the cffence created by the abeve recited act of Congress, it is necessary that ae Gatinct feote should be established. These three dii facts are:— ‘Ist. That @ Tegal process, warrant, writ, rule of order should have been issued by a Ccurt of the United States; ‘2d, That such legal process, warrant, writ, rule or ender, after the rame should have been ed, should be im the bands of some officer cf the United States for eer- vice, and having authority by the laws of the United States to serve the same; id, That after such process, warrant, writ, rule or order should the hands of such officer for service, some one a! id knowingly and wilfully obstruct, resist or him te serving Or attempting to serve or execute the same. ‘Theee are all the facts necessary to constitute the offenes the above written act of th his rot Congress a = jictment founded upon 1! act mast, order to be s¢jucged sufficient, distinctly state ama charge the existences and commission of several facts, and that the act co: of took place witht > ~— of the souchern a kant ‘ork; Ler t nota necessary to be charged constitute a good ta- dictment are the facts above written, with the additional one that the act complaimd of took piace withia the limate of the Southern district of New York. The ques- tion, then, is, does the indictment now the subject of fo- vestigation distinetly and explicitly chasge the existence ot these thiee several fects, and that the matter cow- plained ot took place within the limits of the Southere Gistrict of New York? The indictment, in the first cou thereof. charges, tbat on the 24th day of December, 1855, a certain ‘and judicial process, directed to the Mac. shal of the United States for the distrist of New Yu was duly issued ont of, and under the seal the District Court of the United States for aaid trict, aguinst the steamship Northern cargo, &c., and the arms and ammunition on boar€ ot Ler; and to show at such process waa, it is set out in the indictment, in its words and figures, by which it appears.to have been a warrant of attachment iseved by the District Court) against said steamship, upon the filing of a libel by the District Attormey rected to the Marshal of the Southern cistrist of New York for service. Thewarrant is in the usual form of ail war- rants, which when upon the filing of a libel for a forfeit. ure, it is admitted by the counsel for the defendants, that this warrant, charged in the indictment to have. been in- sued. is a valid warrant ro far as it respects the action of the Marshal, or any one acting under him by his autho- nity; that so far as it reepects him or them, it is valid upon the face of it; that he and they arenot only autho. rized, but that they wore bound to execute it, at it is contenced by the cefendant’s counsel that no one is Ma- ble under the act of Congress upon which this prosecu- tion ix founded, for apy resistance which he maymeke tothe Mer:bal: or to any one acting under him by bie authority, while executing the warrant, unless: it appeara. by the indiciment that tbe libel upon which the. writ issues wae a good, valid and sufticsent libel; andthat the in- dictrvent dees cot show what the averments im.the vel were. It is claimed tbat the District Court of the United States has auch alimited jurisdiction, that it shall not be resumed that the warrant was properly issuad; but that it must be made to tho. indictment what particwar averments are in the libel contained, before it can) be teken (s0 far as concerned) that the warrant was is not neces ary 10 discuss the question as to how.far the District Court is a court of Mmited juriadiction: I shalt not, therefcre, go into that question. The oe the'case do not require it. There is no question thet the warrant, so fur as it respects the Marshal and those in authority under him, was legal It was valid upom the tace of it. Tne Marshal to whom it was directed, te F axc thore in authority under him, were bound cute it, This was their duty. Nothing would them fer the nem-performanco of this duty. As were bound to execute it, everybody was bound to chedience to it, As everyhcdy was bound to yield dience to it, no ore hat » right to resist it, or op; Hel obstruct te ¢ficer hay aright to execute it in the execution cfit. The deputy had a right to-execute the warrant. law, in substance, says, that be who knowing! LOSE: v rant, which it was bi bf ieee RA oA Lid a ld serve this my eilber imeelf or leputies, and any ome silfally and trowingty obstructs restate, or opposes him in the yerfo, mance ef bis duty acts in violation. of law. and ja tubject to its peralties, even though the libel may not have been sufficient to autherize the iss ofa sum. mens. The two rewaimirg questions are, does it appear by the indletment that this warrant was Diaen hands Of a proper officer for sar¥icc; aid is it charged that the deteudaats, while it was in the hands of such pce officer for service, wilfully aud knowingly obstruct €¢, resisted, or opposed such proper officer in the service cf the tpapey two questions will be eousdered tccerher. It1s alleged in the indictment that the war- rent bad the following indorsement upon it, signed b; “Abrabem T, Biss Cniled States Marshal, to wit. hereby cepute B. F. Ryer and Luther Horton 'to execute the within ” And itis charged that afterwards, at the city of New York, the defendants did kno aod wilfully obstruct, resist and oppose, Benjamin F. Ryec and Luther Horton, in attempting to execute said wa-- rant, they the said Ryer and Horton then and there savt officers of the United States, to wit, deputies. Marshal of the United Siates for the Southern District of New York. It appears then by the indictment that the warrant was in the haniaof the Marshal. » the resistance and obstruction took place, made advisement upon it. It was directed to him to se 353 It was therefore in his hands for the purpose for which it was issued, which purpose was to have it [same in his hands for All it ls not in 80 many words charged that it was d in bide hands for service, yet the fair construction of the lan- guage of the incictment is, that it was so placed, And the charge in direct, that the defendant ingly aod ta, wilfully, did o! resist and oppose Ryan and Hor- ton in the exeoution of the war! 4 they at the time being deputies of the Marshal. But it is claimed although it may appear by the in rent was placed in the bands of the Marshal for service, and althovgh he may have deputed Ryer and Horton to serve the same, that they, Ryer Horton, were not within the meaning of the act of Congress officers of the United States; that they were the mere assistants and servants of the Ma and that any obstruction or re- sistance to them was not within the prohibition of the law; that although an obstruction and resistance to them might in law be considered as an obstruction and resistance to the Marshal, yet that no such obstruction or resistance is without any special appoint that, although they may have been authorized to execute this warrant, they were mainly assistants or servante of the Marshal, and were not within the meaning of the law officers of the United States. A little consideration of the laws of Congress will show that a deputy marshal is an officer of the United States, authorized to serve process; and if such officer, so authorized, resistance to him is prohibit- ed by the act <a in question. Tne Marshal has er, a8 there shail be occasion, to appoint one or more deputies, who are removable from office by the Judge of the District Court or the Circuit Court sitting im the dia- trict, at the pleasure of either. (Act of 1789, vol. 1, p. 87, ec 27.) Ifa deputy marshal can be removed from office, he is an officer before he is so removed, for he cannot be removed from office unless he 1s an officer; and as he is known to serve process, he is an officer of the United Staies empowered to serve process. Uj the death of the Maishal, his deputies continue in jee, wn- lees otherwise specially removed, until another marshal shall be ay ited and sworn. (Act of 1789, vol. 1, p. 47, rec, 48.) Every marshal or his deputy, when re- moved from office, shall have power notwithstanding to execute all ruch warrants as may bein their hands at the time of such removal. (Act of 1789, vol. 1, p. 88, tee. 28.) Marshals and their depution shall havo the samo powers in executing the lawa of the United State: as sheriffs and their deputies in the several States have, in fanenting the laws of the several States. (Act of 1767, 1705.) When a witness is material on the trist of the criminal case, a person {4 authorized to issue « warrant, directed to the marshal or other officer »u thorized to execuie eriminal and civil process to arres., send, convey and carry him before the Court. 8, 1846, 9,U. S, Laws, p. 74, seo. 7.) There several show that deputy marshals are o/licers of the United, 4, authorized to serve process. There may be per sons who in certain cases are authorized to serve pro. cets, who may not be officers of the United States; to eer- tain cases @ private individual may serve wher: s'orthal or his deputy is a party’ In faa Cases wri, &c., are to be directed to xuch indifferent na the Court or any Juatiog or Judge may appoint, (Act of 1789, vol. 1, p. 87, sec. 28.) This last provision aleo shown that Congrers Ceemed deputies of the marshal offi- cers of the United States. Ryder and Hortov, theref: they being so charged in the indic’ perve piseees uithir Diemecsion et eaeht et Coogree serve process ‘meant Trew in question. The result is that’ the facts necessary ta coneemate this ements, arenas by As TS aan im quertion, are su! nit el in the ment. ry 5 ficiently fey de ve notien to quaeb, musi Divorces GRantsp IN Bostox—-The follow: divorces were granted in the Supreme Cou: of Boston io the 19th inst.:— eee Lyon from Mary F, Lyon, for adultery of jibbe W. Fddy from Hannah A. Fad; Frederick Deghett fons Helen L, Dagan ne, Benj. P. Braman, for at Almira L. Braman from Svsennah Granger trom David A. Granger, tery Seveb A. Drowa from Charles Ly Drown, for duigecg.