The New York Herald Newspaper, June 18, 1857, Page 2

Se THE BURDELL ESTATE. ‘Was Mra. Cunningham Mo rted t Dr, Bur @elil—Ber Application as his Widow for Let- ters of Administration Upon the Estate Farther testimony on the Part of the Claim= ant—t!ne of Mrs. Cunringham’s Witnesses Retuses to answer the Court—Curtous Tee ( Gmony—Or, Burdell Tells James Witson @hat he ts Marsted to Mrs, Cunningham, eng ts very Sorry for lt, BURROG ATB'S COURT. Before A. W. Bradford, Eaq. Wrovesnay, June 17, 1857, ‘The Court opened this moring at 10 o'clock. RVIDENCK OF MB. 8. S4NXAY, CONTINUED. ‘The following receipt was shown the witness and offered as evidence:— Reosived, New York Jannary 14, 1855, of Harvey Bur- dell, forty five dollars, it being in balance in full for law Bervioes, referee's eee, court charges, and all other matters appertaining to the Fuit of Vorst vs. Voret, before referee Wa. T. Horne, E-q. This is olso all the demands I have ogaiors . A. Cavniogham ou her bond or otber obligauoa, for costs in the sbove entided suit, aud this is aso a re ceipt for the said Ki. A. Cunningham A. R AM*RMAN, Attorney for Demis Vorst. Tt was admitted thatthe body of this receipt, found im Dr Burdel\’s receipt book, was in bis own baud «ritipg. Ov page 44, iw (he ledger of Dr. Burdeil, there is au eo- try under the cate of tbe 28th cf Cotober, for Mlting @ (oulb, charges in the account of Mr Frazer. ‘Toe wi neae te litieo that the handwriting of the entry wes thatof Ur Burdell, Lo the came ledger there ts an entry in the Dootor’s hand. writing, under dute of the 49th of Ociuber, 1966, as fol | eres oY ash, $40, from D. Cr, ? nnn nn annrnne. OOOO IDLE OE OODLES Witnees— It was 8 constant babit for the Doctor to speas ver) harsbly of his relatives; this does not apply to all his reiauves. Q Bit be ray be did mot believe in a God, or the obliga Gons of an co: Queaticn jected to. Mr Chntoo p opsed to prove that be said he did not be- Meve in the exletenoe of a God. or the obligations of an Gath, the hovor of man, or the chastity of woman ‘The Court i uled the question out, saying he ouly s4mit ted the declarations of tne parties as having some bearing pen them and ‘be probability of & marriage betsceu (bem, The particular religious belief of the partive he diy bot consiaer to be of upportance to this case, The question ae far as referred to + omom was adiniticd Witnes»—He sald be had no faitu in women, their vir- tor or chart y. Some cheeks, marked No. 8, § and 12, were admitted to bo to the Doctor's bandwiikog. ‘Tue third te as foiiows:— Ne meronre® Rew York Nov. 24, i856, ARUIZANY Bak 3 g Pay to Miw &. Van Ness or order. thirty do lars. = 3 2S $80. HARY*Y BURDELI. 3 A RINNE NPOD LODE, DOODCOOOLE DOLE OEE This cheek + @ Giret made out in the name of Mrs, Cau ningham, her name was thea scrawhed out and Miss Van Nose’ pame put in Croee-examned—I power Kaew Dr Rurdell to wear gloves bui ouce; that wae after the death of his brother: be wore biack gloves; it was not the Doctor's babii to wear gloves. EVIDENCK OF B. M. STEVENS. 1 live at 15 carroll piace, New York; am eighteen years old; | have put up et Caylur’s hotel in derkumer; have ween tb five or #ix times, bave been in the hoare often; the bouse used to keep @ register to years ago; 1 was Qh re the last time two years ago: prior to that I Hved within thre sles Of Where; Was w ue hou l frequently. Cross-exntnined—I never stopped at the house over pigbt. | bave token meals there several imes; | cxnnot pwear positively *hether | regi-terea my name there or pot; | bave eved my brother register his name there when he cid not stay al! pight, EVIDENCE OF ADDISON LAFLIN. fam ® paper manofecturer; have recided in the village £ Berkimer about Ove years; | was acquainted with the late Harvey Burdell: was in ‘the babit of seeiog him 10 Herkimer; ov the <?cb of October Inst I lef Herkimer on what was caiiec the steamboa: train, aud took the steam boat New Worl i for New York; the train started at ive o'ciock P. M ; [don't know whether Dr. Harvey Burdoll war on beard the travn or not; I did not see bim on the new World; my attention was called to the time by the clecrepancy in the testimony between the witnesses who had been called nere; on Sunday T looked at my memo raudum to see at what time | came to the city; I found it wens op ibe 27th of October, at five o'clock P.M. by the etenmbcat Wain aad New World, that I came to this city. Q Have you got that book cr momoranduia with you? No, A. No, siz. Mr ao wile daiaaimineniameue-dnaamanhsty book. i L. itnese—T do not know Mra. Cuoningham:; I stil! live in Berksmer; did pot come down to be # witness; was eub- poraed this morning. Croes examived—The express train is usually a very boavy one; there are @ creat many cars en tt gewerally; f Cannot tell the number of pereous that gel on the cars at Berkimer; | doo'’t know whether | stopped jong at the Gepot; I don't know whether Isaw avy person there that I knew; 1 don’t know that | did pot see persons at tbe cepot toat 1 knew; 1 dou't remember anything about them. lt was admitted by the several counsel that the original key of Dr, Burdeil’s safe would pot open itat the time of Lis dea; that #hen the Doctor lost his key in Jane last he gut the lock KVIPENOB OF CATHERINE LAMT. Ttiwe at 807 Fourth evenue; I pot married; am a Dovsemaid with Mrs Van Ness; ] have lirod with the ciaimaivt bere, Mrs. Cunningham; 1 lived witb ber five ‘Years ago thie tal’, aod lolt ber last June two years: I was bree yours in ber service: I lived with ber when she ved in Twenty fourth street; I eaw Dr, Burdell when be caine there; be caine there often; he came every day, pomotimes twice 8 fay; he came to see Mrs, Cansingham ; he went out with her; they treated each ater vory kiud ly lodeed: I+aw De. Burdell in last October at No 31 Bont sireet, Mre. Cusninguam was preeent; she asked mo to come and live whh ber; she was preseat when I aw Dr Bordell, Mrs. Cunniugharn asked me if L would come and live with her: she said she was acoing to be married; T atked ber with whom fhe eaid with Dr. Bardeli; 1 said are » Doctor? be seid, yer, and yon can come and live with us; I came down the pext day to No. 21 Bood street to get the Doo tor to Gnish fixing my teeth; be cid pot get through wita them the day b fore. he seid then, * Won't you come back?" I paid I would ece about it; that was ail Crees exemined—I ¢o't know ther it was in tl middie of the month; | know tn the month of 0. Der: twas pot the first of Gerber; 1 dow't ki whether it war the last dag of October or uot; T don’t know bow 1 remember that it was pot ou the drst of Ov- tober, or that it wes before November; I told no per 1 of fou about this betore [ told Mra, Canniogham the ober right at St Bood street; she sont for me and orket me about it asked me if I romember it; 7 told ber I did; she did not ask me what day of tho month it wae; fof don't remember what day of the tuonth it wae, the Doctor made no secret of the matter, but told itrightoat; Mra, Cunningham was pot present On the eecond day while the Doctor waa ixing my teeth: fhe wae out: I aeked for ber, but dic net eee hor at all; the eeoone time I was there was Fricay Thar the Oret was I paid bim $5 for fixing my tectw:1 did not gbam that it wason Thereday and Fri € ©ne not boey when T wont in; [ went into door; eid Bot see the girls there, bat wont raw tho Doctor the firet perro in ‘he house; fee apy of the pirle that T went inte Dr. Mar. ceils room firet; Iato the front room? tat way bie ofl ¢; J koocked st the dror: Mrs. Cunningham opened the door; I fret beard Miss Van Ness call the clauinaos Mrs. Bardell; J bave siways called her Mire. Burdeli siace the murder, Loated her Mra. Borgel! at the Tombs. Q What wae it Mes Cunningham said when she asked Sou if you remembered abont being there in Uotover, when the Doctor fixed your teeth, and asked you avout What the Ivoctor then said? The witness refw to anewer the counel. The qvestion was then pat by the Coort, ap: the witness Mull refused to aacwer several Umer, Ob! It wae pressed upon her, ead she was told the conseqnence of refasing to tarwor the Court, She then answered us follow A Sho aebod me tf I remembered what {t was Dr. Dor Cell a raid about the marriage when | was with tiem in 4 Getober Q Bid yon tell ber in your meeting with her last wook What it wae Dr, Murde ‘The witness again re sac? {to anwor the Court, bat on Doing presved nod told that ebe must answer, she salt— al t © what the Doctor en be w the Oourt. Mr pgham arked me if I remem dered what |t waa that Dy, Bardell «ad when be fixe! my teed, that was all; she ed me what fr. Burdeil fold wi wuy olber time than tie one when he fixed my (oot; 1 wa eure of that or talked to me about Gey ciber couversation of Ie; ebe never aeked me thing that Dr, Bordell salt before or after that Line when be fixed my teeth pouversation of the Doctor's was while be wae fixing my lesked bim if he wat rows w be married, a 4 yor; I never oabe ‘ von before, ap sald he was Going te pet married at apy otber tim vane with © pape: , ac mo I must come cand be ex amined; the next ny afterwards ngham ecnt for me, aud he talked to we about my temunouy here abe conversed with te about it Mr. latin we ed, ane prs raised in Ierkimor’ ¢ 6 aid there was a Iherty 7 in the last of October, EVIDENCE OF ADYrR LaxT. 4 Kast Trenty tour am thir I revide at for of! paintings sebporna on Dr. the origival subper 6) Bond treet for the Doctor ber, we ta ked togetrer about fi Ye neseee, and then walkod over #0 lir. Main’s « TL know it wae on the 27th of Uotober from var lan oe# ans reculiections ‘Crowe examin sd—} am oot a partner wih m we a clerk 0 bis office at chat time; my brother © a lw yer; be was attorney for Grillin; Lwae around tae } 6 the names of witnesses for my brovher, Ir } wer the first person on whom I served a eabpega; Dr. | | Main wre scoond, aod there wore several other: I know tt was the vith of October, because it was the Gret | Gubpenn | rerved, and Hr. Bardeil told me T would have bo go into Dr. Main’s office carefei'y, and eubporna him, 98 he would not want to go aud testify tneas; Dr. Main ferall the cthere were wiking to go and tortify without Being eubpo Deed; it mreght e a lo Ghat | eubjeenned Or. Heriell; my brother handed me the Pubpo we a tS o'clock in the morning, the Doctor wae te bee offre, | rung the b the door, and we P1004 Ip the Hynil and ba my brother was ber; 1 | it Of © tm ree Or four day?, I ¢on'\ know when t on O Was BOL. Qiiy tried , | Fubpemacd two OF thrce withe-ros for the foal psy al insted of and on it or ton days °° — Bow presented to me i tbe ony | served upon | One of the counse! for tre claimant here avked the Court for an adjoorpment for balf an hour, 80 a to give bim an opportpity to cousult wita bis assoniate ¢mtmsel. and put them ip possesion of some facts «hich be b learned He bad been Fo much eugaged to the p ree aif onlties that be bad bad po i to com-olk with them ape pet them to posre-ton of raid facts, ro they must go op withont tne be bad to upon the ober pressing business, if the Cowt would wot agree Wo the ad- journmert ‘The Court comrented to the adjournment. APTE MOON SKSSION, Mrs. Cunningbam curing the recess expressed ber de tire to buve Kokel placea on the stand; tut bor counsel thougbt that every {molicatioa in regurd to hima bad been 60 fully rebutted that the other side would be compelled t0 call b re ingham, ber ngest daughter, Georgiana, (who by the way is mich co Joking ti an rap her i-ters.) upd Mire. Wilt, were present in the court room doring the cay. The Court adjoorced at 124 o'clock, pominally for ha! an hour, bat the counsel for the claimant dia pot reture till 2 o'elock P. M., 80 the case could nt be resumed uli RVIDRNCR OF RICHARD D. STILWELES vier k oF the United tates Cirouit Court, aud bawe the last ten years; the calendar of tho Oooo term of that court for 1856, which 1s pow haude t m: the Judge’s culeudar; the following ts an entry thereo! 4" POOR ELT LOIN COIL DONIELIOIDODIDE NOEL DD DY Griffin Oct 27 Pot off till to morrow, Coen Rene nee OnOn COON OOEADAROREIDEDORE HOPE EE IL is in the band writiog of the Judge of sald court Cross-esamiped.—j. Are the words “ pot off tll to- mor ow” io the -ame hand writing as the reat of ii, or ¢o fae 4 look ag if they were written wt the same time as the ree oonsel for the claimant—We object to that question. ‘Objection surtaived, Witoess—No jury cause wastried on the 28th of Octo ber; on Wednesday, October 29, there was a cause taken up: it was Wil RB Stekles ve, Wiliam Borde; thet was taken up on the 2%h of Ocwner; it was the Ort case on the cslentur; there was au order mate tbat this case sboud be taken up drat, or that it should take precedeace of all other cases, Br, Ciinton—We onject to the evidence about that order, unless it ts proauced. Mr. Tudep—Is there @ written order that you kno# of? A. [think there is, Tre counsel bere rent for the minntes of the Judge, to see if there was such an order entered upon them. Witneas—The next case tbat was taken up wacthat of Austin @gainst Carpenter; the trial of the cause of Grifia ‘egAinst warRer was commenc :d on the 10sb day of Novem ber. Re diroct examination—It is very unfrequent for a case to be set down for tralonthe first day of the term; T bever knew aca eto be bus ret down before; oa the 2b ef Ustobor, when Judge Nel-ow opeacd the Court aad eaiied the calepiar, Luou't know whetucr he tried any cares Wi bout @ jory on toat day or not; ajory was num moned to be tn attendance on the Zith, bat hot on the 28h of October; the caleodar was called on the 27th; jury tri ais ave cometimes held on tne first day of the term. Croes-examtpation resomed—The Judge's minutes of the Court sere bere ban ied the siteaa, who stated that the order alluded to could not be found ta the minutes; the calondar was made up under my direction; no jury cause was tried op October 27, according to those minutes; op October 25 there was no cause whatever tried or com menced; on the 2%h of October the case of Sickles against Borde! was taken up, and continue ¢ without (otermeioa until Coeecay, November 4, wh ch being clection day the Court acjourned; the case was taken uv pext day, and ron till tuceday, the 6th, when the cwe of Anstin versas farpenier vas taken up wod continued till tae LOih of ember, when it was concloded: then Warner vessus > Wes taken up on the Ith, and two witnesses exau ined; on November 2 Harvey Burdell was exemined in this cause; the cause was coucluded oo the 14th of No vember; the first cause oa (uc caleatar ts in Judge Nel son's handwriting ; i was tried on October 29; there ts no entry of its being reserved or pat over from day we bave a separate to day ; ca'endar’ for “equity cxses;' there ure some esse bere on which po cory was made on the 27th of pocwadd those causes did not pose their places ou the culendar. EVIDENCR OF MN. JOMN SPARKS. Tam deputy clerk of the Court of Oscr and Terminer, and have been for several years; I kao # Cyrenus Stevens; this indictment pow shown me is found id our court; itis dated June 16, 1852, for forgery in the second degree. Mr. Tiiden—1 want to know if the counsel considers Indictment to affect bs evidence? Mr. Clinton—Wo intend to prove that Mr. Stevens swore to w lic when he said br bad never been indicted, EVIDENCE OF GILBERT Fe HAYES. I was for many years a policeman ia thia city; for the Jast 25 yoars I bave been one; I have Buown Cyrenus Ste vens (or the last 25 years; bis character has been vory Daci—as bad as it could be; 1 wenld not believe him under ‘Osih in DO mapper or shape; he been a man well kno +h to the police. Mr. Tilden objected to the last ans #or. Q. Wha: has beca Mr, Stevens’ reputation OF character epee you knew him? A Bad—rery bad. Mr. Tiden—We don’t wish to crews-cxamine tim, Mr. Clinton— You dare not. Mr. Niden—O, ves, we dare. ‘The Court—Gentlemen, such conversalion does pot be- long to this Court. ‘Mi. Clinton offered EVIDENCE OV MR. J. Tl. WELSH. the keeper of hotel; T wae « policeman under the Twas on the police 26 years ago; when | was on the police, and ever since that time, 1 have known Cyre- nus Stevens well: bis roputation was bad, dealing in coun- terfeit money, stolen goods, &c ; 1 would not believe hun uncer oath at ail, The witnets was not cross examined. EVIDENCE OF JAMES WILSON. Tam a bed jeiner; reside at Flizabetport, N. J.; was a tepant of Dr |, and hao been for two years; I have fecu the Doctor tive or six times; | have seen the claim apt, Mre. Cunn’ |, down to our house with the Doctor; it was about twe've months ago; [ saw lim with her at “lizabetbport twice: T bad a conversation with Dr. Bardell op the Tuesday or Thursday before the Doctor was mur. o¢, | met him on tbe corner of liroadway and Broome Iaeked tim, “How ts Mra. Hurdell thet ia to bet’ ¢ Mre. Rardell, lam sorry tosay,” or “1am sorry for ity? T could not awear which; ( twice or Lhreefimes befure asked him “how is the lady you brought dows to our hougel"* Cross-cxaminet—The conversation, I am core, was at the corner of Broome street and Broadway; I wae to the Doctor's office, and he was coming down ; twae with bim there abovt five micutes; i alec ket for our Sremen’s ball; to Te :oterest in getting some Moneyfrom him than im rell- tog bim @ ticket, apd least abou Mrs. Canninguam, tot did pot pay ae much attention to what was raid about her; whea Lasked bout Mrs Cunningham, be said,“ I em sorry say itis Mrs. Durdell, or lam sorry it was M Parveli;” be seemed very sorry, very melancholy; h Was sorry to say ttwas Mra, Burdel, or ho wae sorry it was Mrs. Burcell; be did not say he was sorry for ti; 1 was Ovo or ten minutes in that interview; | don’t recol lect anything else thet was eatd; I camo to town for the exciwive porpose of secing Doctor Bardoll; bat in town | went to rea my brothor: I flent tol’ this fo Mr. Feirbanks in Plizabethport; that was last woek; I ne talking to bim about the property, and he said that Mre. Bordell would be the owner of the proporty; then I told bim what I heard the Iie or say in New York Inet fail; 1 bave not pait my rent sine last yen if it war pectied, and be said he thought it w if Mra. Pardell knew bow much | koew aber weuld have me on the stand, he ake told bim and he said he would inform Mri Ue Doctor told me thie freely and fraukly 1 naked bis ho tover td me any other rocr.t or made a couddant of mo; the i subjpeenn was put in my hand two-day at 12\¢ aot Limmediately came bi Thave lived In Ni teon years; I wac a saddlor, 1 had a shop in Mhirty-seood par oek EVIDEYCr OF J. T. FPLLOW. in 11% sircet; om in ines: ain twenty tino yoare of age have secn the inte fector Harvey Buardell: 1 dia not Brow the claimont till be mn ir; Twas at the inquest: I was there the Sret Sunday of the Inyrest when Mir. Maryiné saw the bedy; I bat acenversation with Mr, Marvine when Le came down etaire; Mr. Denison, oue of the directora of the Artizans’ Hank, was present; I esi Mr. Marvine after be had seon the corpse whether it was Sur iell or not that he married: he said he thought it 2 Dr. Bordell that he married. bot if Beye! was a simi voklng gan it might be bim that be married; but If be } ree Eckel be could make vo his mind immetiatel Croea examined.—This war j1t after Mr. Marvine camo Jowa etaire from being examined; he said he was as posi tive as he could be that it war lr, Mardell he married, on- loos Feke! war a riteitar looking man; Wr. Frazer wasaleo prorent when he to! f me thir, we ail stood togother in the ES f st No. St Bad et; Mr. Denison pointed Mr, the = mor. arvire out to me as the man @hoe married the linctor. Mr. to Vintor—1 think wo ean close our ease lit haif an ‘ter the Conrt opens in the morning. ‘ourt then mtjourned at 4 o'clock UIl 10 otslook to. at somo disturbance was anticipated im the vutlding. Our Troy Correspondence. Tor, June 16, 1857. 9 Preentation of the Sword Voted ty Congress to Genera Wool=Complimentary Idler of Seordary Floyt—Des crption of the Teatimonial—Shabty Ouulut of Jeferwn Darts towards the Hero, dc., de. An act ef justice long delayed and reprehensibiy tardy because of the melicnity and petty moasness, in reality, 0 Jefferson Deis, the late Secretary of War, has at last beom consummated, and the wishes of the people towardea mili tary boro havg fwally been carried out im their full spirt and intent It may not pose!bly Ne in the remembrance of many 0” Jour readers that Congress, at its sersion in 1854, cnan) moosly adepted resolutions to the effect that a sword ehould be presented to Mejor General John FE. Wool, ia nikon of the nation’s appreciation of bis high military sor ar learcor of honorable efiort as @ soldior anda reaol red by Congress that eral Joun bh. We tine sie 1 sorvices in the war with Mexico ic'll, enterprie fan whic ant Courag fovices, t factur eword wa of altimore, and war ¢ tome two years since, | belheve. blade ie rohes in length, of ¢ vary choicest quality of et nd magn n ed with ap oropriate nations ioe, Tr ‘af eniit gold, nd ls inarked epecimen of Meat avility and work menship, The gomeral devirn is vat of an ear of corn, hal’ hidden by the leaves of the hovk enveloping it. The apper part is aymbolited by @eproed eerie oy the broke ot which je a chield, hearing the words, “Tiaena Views, February 22 and 25, 1847." je eyee Of the eagle are of diamonds and ‘the croeg of Wie hilt represeuts the Mexican NbW YORK HMRALD, THURSDAY bo ote whe cute and oe ere a * the eyes of the serpent iat garncu, ‘The seabburd ie of silver thickly plated with gold, and or- pemented witb bands and riogs of the same ts end being of solid ,eld and éiegantly designed. in accord ance with the tates of Lieutevant Hentoo, of the Ucited “ales oom). Its eptire cost was Ofieen hundred dollars It «as uncerstood that the sword was to have been seat by erperial mesrcoger to Gea, Wooi ai once upoe its compie- fier, Dot instead of this, Tam informed by & distinguished ollicer of the army, thatthe arrow minded and-vindioti Jet! Davi: took opoo bimself the rexponsibitity of thwart ius the resoive of Congress by banging it apou the wails of bie cepart ment, whore it remeipe2 tl! the new Secretary, Mr Floy4, come into power, who at onoe transmittted it to ite proper Crstipation, accompanied with the following gencrous acd comphmeatary leter:— War Derarrenmr, Wesmnscron, May 90, 1867, Sm— On coming into the War Departwent I tnd a sword whic has been prepared for you under @ Joint resolution of Cong: eek, 88 & bieh testimonial of the great Dave rencored your cownuy, particularly upon glortove betue Held of Buena Vista. To a gallant soldier, Lo higher evidence of,poblic approbation Can be awarded. The re-oiution iwelf baa beretofore been transmitted to you by the prover authority, and it cow gives me great pica Bhre to c@brace the fret opportunity to forward you the xword ttscif, wbien [do by a specin: messenger, “1 bave ibe benor to be, Geveral, with nigh your very obedient servant : JON B. FLOYD, Secretary of War, Major General Joun £. Woor, Troy, N. Y. To which Gen. Wool replied #5 follo Heaquaxrens, DePARrvext ov me East, ) Troy, N. ¥., dune 6, 0857, ’f To tbe Hon. Joux B Fuovp, Secretary of War:— S.n—Ihad the honor to receive by @ special messenger (apiato Fi. L. Shields) your communication of the Sth ult, with the sword which the Congress of the United Btater, January, 1854, unanimonsly requested the Prest cept to bave made and prevented to me, as & testimony of the high cense entertained by its members of my ‘conduct ip the memorable batie of Bucna Victa. The very gratifying and soceptable manner in which you have been pleased to carry out the uranimons request of Congress more than comoensates for the fatlare to do fo by your predecessor to the War Department, to whom, ii would ecom by the letter of the late President, this ser- viO® Was Gxeigped im Kerlember, 1556 For the beantifel token with the thanks of Congress, 80 expressive of the high approvation of td country men for the part I acted on the “glorious battle field of Buena Visia,”’ I shall ever feel profoundly grateful. Be assured that it will only be drawn in defence ef our com- mou couatry, and I trest never be sheathed but with bo- nor. With’ considerations of the highest respect, I have ‘he honor to be your obedient servant, JOHN E. WOOL, ‘The feilowing letter written tn the latter part of March, 1847, and addressed by Jeti. Davis to Gen. Wool, having roference to the late lamented President Taylor, then Coa mander ia-Chief, will serve to show the recent Secretary of War's opiciou of what subsequently Murned oul to bu tis own case aad conduct:— ‘Saur1.vo, March 25, 1847. My Dean Crvwmai—I have just read with great ploasure ‘the copy of your letter to Ges, Gibson, which you did me the honor to send me this morn pg. | shall be preserved for the vee permitted, and be assured that, wader circum: stances requiring, it will give me great pleasure thus ronpply it In these times of petty joalousy and ignodle strife tor public approbation it is quite refreshing to see one ro promineut in the scenes you describe, forget bimsel! to sustaia and commend his commauder ith assurances of wy high regard, | am cordially yours, JEFF, DAVIS. Buch a letier needs no comment. ‘The Case of the French Ratiway Prisoners— Dise! of Pxrot. CLOSING SCENES IN THR GREAT FRENCH FXTRADI- TION CAS¥—COMMISSIONER BETTS DISCHARGES THE FRSONKE—PAROT WALKS OUT O¥ COLKY AND IS AT LIBERTY. Belore Geo. F. Betts, Esq. Jn the matier of the application of the French governmen! Sor te extradition of Argue Part, implicated with others.—On the 2ist day of May the evidence in the case of Grelet, Parot and David, having been closed and the arguments of counsel finished, the case was eubmuitied to me for determination; aud I endorsed upon the warrant an order that “the prisoners be continued in custody of tne Marshal until their surrender to tbe proper authorities of the French government, accord. ing to tho stipulations of treaties or conventions between the governments of the United States of Amorica aod of France, or all their discharge according to dne course of law, or until the forther order of the Corsmissioner.’’ On the 28:h baby AS made my report ted in the treaties between apd France. Thereupon, on warrant of the President, Louis Grolet was dehvered to the authorities of the fr government on acd accompanying this was an allidavit of Mr. Tiawandicr, fetting forth certain accitional facts within tbe poreonal DOW | Marshal to produce suid l’arot before we on the Of June, that such examination might be proceeded with.’ Un the bib of Jane, betore the examination was com- menced, the counse! for l'arot objected to proceeding, on the ground that (be Commissioner bad bo jariediction or | i which would re commence objection was reserved temporarily, an the ovideuce was heard, and thr je case argued on the merits as well as on pout of jurizdiction; but it is noces- vary firet to examine aod determine this question of jurisdiction, as it lies at the foundaton of these prosent proceedings. Whatever may be the powers of the jadi cary under the treatios with foreign Powers, independent of any actiof Congress—concerning which thero bas been & diversity of judicia! opinions—there can be nodonbt wat the powers of tbe Commiseioners depend entirely oo the act of 1848. Before the passage of that act they bal no power to arrest or examine & fugitive from the justice of « foreign country; they are created by (tat act for this ape- cide purpor e,abd tadependent of that act they have no power io regard to their arrest, examination or commitment. On ent ral principles it scems clour (Lat an oflicer unknown to the common law, cfeated by a statute for ® speciiic par- pose, has only those powers Which the statute expressiy confers, or whieh are nccessari'y implied by the grant of epecidc powers. (U. 8. ve. Hudson, 7 Crauch ve. Dapchy, 3 Dal, 827. Ths va. Powell, 6 Wheat, 119. Mewgor’s cave 6 How Barry va. Moroein, 6 How 119, Kane's case, 14 How, Waliaworth ve, MeQal- logh, 10 Jolin 03, Bigolow,ve. Stearn, 19 Jobo 39.) Ido not consider It necessary that every power conferred should be set forth in wordé—for ihe intention of the Le- gislature to granta power can as well and legitimately be ascertained by the ciretmnetance that it is necersari! incloded in these which are expresly gravted—(1% Os, 150, Stief ve. Bart, 1 Gor . People ve. Moore, 4 Den. 518) Thus the powerjconferred to “tear ovidense”’ im- plier the power to “adminikever an oath,’ and the power conferred to hear and conser “avolves the prwer to grait adjournment’ and t coutinae tho examinauon.’’ Dat only such powers can be assumed thns iaferondally as are necessarily in.plied in the exorcise of the powers ac- tually conferred. Tho only powers exproaety conferred in regard tothe imprisopmeut apd exumiustion of an ac- cures pergon, are, Grst, issae a Warrant for his appro- Henalob, that be may be broaght before the Commissioner. Second, to hear end consider the evidence of his criminality. Third, if there be suiticion! evidence of bis criminality to sustain the charge, then to certify the gama to the Seore- tary of State; and, fourth, in the case of such report, to commit ihe prisoner until bis surrender to the proper au- thorities of tho foreign government. There are then bet two classes of warranw that the Commissioner can iegue—Grat, of apprebension, secoud, ef commitment until surrender; acd this last in the single event tint be reports to the Secretary of Sute that thore is gufficient eviderce of criminaiity. The only extension of the power which the Commnizet conGuing the prisoner mart be fuch as enall ress!t from the power to bear and comider—* «. to comducy ihe egamiontion. Bat thir must necessariiy terminate with the decivton of the case, and when the case ie decided provition ta maue by the ptatute for the ovent that the docwion be wiversc to BE: 8 the prvoner, by authorizing the Commissioner in such care t commit for extratition. Bet in case the decision be ;in favor of the ‘prisoner, the statate doce mot mark oat any course to be par sued por give any further power to t: magistrate. Any Warrant, then, in thet slags of the proceedings, to remand the prisoner, or ier him to be brought up for further examitation, ic ‘n my jodzment enasthoriged by the statute, and beyond the powers of the Commie siover. Had an applisation heen made, even on the 2let of May, after the arguments of countol were ended, for ‘ave t introduce further proof on either ede, (¢ would have reeled (a the discretion of tue Commirrioner to bare allowed it, agd bas granted an a suroment for that par pose; for the warrant of apprehension for the purpose of examination bad thes vitality, and woult have upheld the further contineance of the pritoncr in cestoty of the Marsbal for thas purpore. and the anth wives rebed npon by the provecution apply solely to thik face of the power ta comtinve an oxatinauon defre the care is fnally de Bat a‘tor the ¢etermination of the care a diferent state of facts reenits, the warrant of apprehension for ex amination has exhausted |e powsrs, the powor of the Commisdoner to bear add devermine under that warrant has bern discharved, and the only other por tay tl rt and fo commit for extradition gent vpon bie finding the evitonee vv other contingency the statute In Calter's case (opinion of the Auorney General, 5) there i¢ an jntimation of opinion on the part of Mr. thon Attorney General, to the effect “that the * would have the power to remend further proof.’ And ft wae tainly on the strength at thia farther examination was “inion expressed upon a point whi of that omy w Hlowed. thh vi been eubmitied to him, the high standing of Mr, Ow aaa lawyer. ye high © ito he aro wouk! entitle b in to bee rene h the greet erence point which be was determining was whether t jent could be called upon to act in the Pace whore tin magictrate bad Cond the evidence taenf: ent. pe determined that point in (te noge we, thie comment om the power of the magistrate « ‘made in the form of f® quore, scomincly witbout any stedied examination of the question, ae \t @ae not one upon Which his ovlmon wae demanded. Ne would certanly be oomtenry 19 all analogiee of logal oro ceodings that, when @ case has been cloved and the dost tion made and annooneod, after four days heve clapet, tho presiding magiotrate should have the power to ra-onea the noes] inge and contine the cate If he ean dott once he Con do it an iedefinite nomber of times: if he can do tt on the application of the proveceiion, he cam do it eq rally ow pebatt of the aeousel, No anthoritien have boon pro duced showing that a commiting magistrate a cummon bas euch power: merely the creature +f the statute would pot be authorized ip a euming such powers, which are be) ond Lhose b are conferred upon Lim, either ex orese y or by necessary implication, If the proseovtion think thut the case againet Perct, a It cam bE establinted by evidence, is one that calis for bis extradi\ion, they are pot without remedy; it is conceded, and justly, that ibis proceeding is no var to and even if be had, an officer who te, ' ap application for apother -arrant of apprelionsion sad & new expminniion of Verot upon this accusation, But tie eve having been closed apd parsed upon by me, I feel satisfied that T pave po guthorisy or jartadietion to re-opem itan¢ continue the examination. ‘Therevpen the United Staies Deputy Marshal shook hands wilh the prisoner, and coogratuated bim on bis discharge. The pritover was then about leaving the reom in the com- javy of bis couneel and friends, when am ipdivivual step ped ppand claimed Parot as bis prisoner. He was immo- dintely neked U! be had any warrant for bis arrest, With- ‘cout eo ing be bad or bad Lot, be insisted on Parot accom pony ieg bum Parot refused, end the man folio ves him into tbe street, where he 60 conducted himself that Parot’s counsel despatcbed a mersenger for a police ofteer to have bim arréeted. No officer coult be found disengaged, and Perot, to avoid annoy ance, walked sharply off, loaving the tun Gisousttpg bie rights with the friends ant counsel of Pant. This man beeame very moch excited, and appear. +d about to commit ap assault on One of the parties, when one of Pa ot’s friends took bois of bm and cauuoned bia not to break the peace. Thit caused quite aa excitoment in ‘bo etreet, and in the meanwhile Parot, we understand, ie at large, | Parot’s counsel went to the Sherif’ office to ‘in quire if be held any process for the arrest of Paros. The shorif wae personally absent, and the parties tn charge of the oitice, witbout committing themscives ax to whether the Shortt bad or had not any process against Pe to prodvee ony ‘Thus ends this long protracted proceed missioner Betta on the qnestion of extradition. The civil suit brougat by the Northern Railway of France is stil! pending, and im this action the plaintifms at to vey, Mr. Toph, gave a writen consent that the Sherif should transfer Parot and G-eiet 0 the sole enstody of the United States’ Marebal. By virtue of this consent Shertf transferred the prisoner to the solu custody of the Marshal, in order that Grelet might be carried back to France. Tarot was subseqeutly remanded to the erstody of the Sherif, on the mes ver- bal request of Mr. Mor , and without any warrant or order of apy court or Fr anthorizit it. Parot con- sidered Mr. Morrogh bad a0 power verbally to order bie detention, and bis counsel advised him that such was the fact. Hence bis reason for walking away when réleased rom tbe custody of the United States Marshal C. for Perot, Messrs, Galbraith and Townshend, tng before Com- MOVEMENTS OF GENERAL WALKER General Walker in New York—He Has His Daguerreoty pe Takenols Visited by Promli- nent Citizens—His Hopes of Returning to Nicaragua—Contewplated Sorcnade—Visit to the Bowery Theatre. General Willian Walker, “President of Nicaragua,” whore careor in that country secured for him the popular reception in this city recorded in yestertay’s Hear, continues his stay at the Lafarge House, where he is con- stantly called upon by numbers of prominent citizens. Accompany ing him are Colonel Lockridge, Colonel Waters and Captain Fayssoux, who share his quarters. With a view to keoure to the citivens a faithful keness of the General, an agent of Mr. Brady, the well kuown photograpbist of Broadway, waited upon him on Tuesaday, us he landed at Amboy, and obteined from bim a promise to allow his portrait to be taken. Accordingly at nine o'clock yesterday morning he procecdea to Mr. Rrudy’s gallery, where for eome time ho was interested and occupied in viewing the large col lection of portraits of military, literary and judicial celebrities. He viewed with much incerest the portrait 4f Col. Fremont, remarked that he was an acquaintance, and expressed the utmost admiration of his genius. The Gene- rai then sat for his likepees, and several were taken in the ambrotype and imperial photograph styler, and are now onexuibition, The operation concluded, the General be- ing now jotnedijby a few friends, took a democraric walk up Broadway, attracting but litle o, the curiority which would undoubtedly have been exh. ved had his personall- ty been gencra'ly known, Tat like any otber gaod demo: erat he walked carelessly along, nc dodging an extra sized hoop or a ou of Frin with « hod. with a+ much agill- ty as if be wav not a distinguished genoral, the Inte com- maniler of a determined army. Arriving at bis botel, spent the remainder of the afiernoon in social intercourse with Gen. Henpingsen and a few friends, in the moantime solicitation yielding to another |, and having his daguerreo- type taxen at Prederick’s a me Sarre See Waa exalbits rane of diploma. quietness, p 5 . |, to listen, tnd lulk as litle us posible. st! however, by no means backward about expressing bis determinaiion return to Nicaragua with suilicient force to make his re- turn an event of interest. MMe thinks that about 1,000 men J and avows that JUNE 18, 157. tous) goveroment, of which Dom Francisco Castellon war the beed, It soon became pi, Lowover, that although the vast majority of the people of eerie were friendly to movemeut, it Was Likely to flail, tbrovgh wi ot proper military force and orgauixattol Castellon, therefore, sent to me—I was then residing San Francisco—a contract untooriziog me to raice three bundred men for the eervice of the provisional govern. ment. This contract I re} |, because it was contrary to ibe act of Congress of 1918; and I sent back the agent employed by Castellon, with instructi se to secure, if pos- tible, & grant of colonization, which would not make me amenable to the laws uf the United States. Such a grant war obtained; and as soon as I received It T showed it to the United States Dutrica avorvey for the northern district oF CoNortle, Sed to the General commanding the Pac do orvisicn, Who then bad epecial powers abd instrvo- Hous from the President, under the neutrality act of L818 these officers informed me that I could act uader the centiart, vot only without fear of intorfereace ou they art but with ihe express assurance that they would do ai! fn thelr power to forward. the cuterprisg, Not ouly did Trail from San Francisco with the appraba- ton and well wishes of all the federal authorities, but the American Fetiors from # revenue cutter then fn’ port ac (ually bent the sails for the veswel ag she wes towed out ‘of the barbor, After wrriving et Realejo, T and my fellow colonists were regularly naturalized es citizens of Nicaragua, and it be. came necersury for us to u-e Our arms ta defence of the sigbts wo bad acquired under the provisional government. It wns coon apparent, however, that the presence of the Americans in Nicaragua wes not acceptable to ali the ad- herente of Castellon, and I therefore intortmmed the pro- visional direcror that if onr co Operation was injurious to his cause and prospects we wouli wikiogly reure from the covntry. Kut Castellon inelted that the Americans were the only bope for the Demorrats, not only of Nicara- gua bitet al Central america and he begged with fervency and perseverance that we woukd Bet toink of abandon. ing bim in b's extremity, Thus appenled to and besought, we updertook tbe campaign, which ended in a peace be- twees the coptending parvex; snd ] may safely assers that tbe Awercun infueoce was Chiefly ie-trumental ia achiev- tpg te treaty of the 2éd Gowler, 1bud y thix treaty of the 23d October, the old legitimist go- vernment recognized the rightyof the Ameriouns natt- raliad iv Nicaragua under :be gant from the provisional geverpment. And in order to restrain, as the logitiai sts said, he excesses of the democrats, made arrogant by their success, they invisted (hat I should retain command of tbe army of the republic. Svon after the inaugurailon of the provisional President, under the treaty of the dod Ociober, one of the Americaus ip Nicaragua was accredited as Minister to the United Bates, An American was selected by the provisional Presigent at the suggestivn of members of bis Cavinet—all paiives of Nicaagua—that auch @ person would be more acceptable in the United States. from his knowledge of the jouguage and laws of (ue country to wich be was vent. Unfortunately for Nicaragua for Central America this Miister was Dot received by the goverumeal of the United 68 About the time the pews of the refuzal onthe part of the United States to recognize the Nicaraguan minister reached Granada, General Cabanas wae applying to the Provisional government {or a-sistance to rega.n bis authori. ty ip Honduras, L opposed this peher, ant eateavored to imprees on the governmen! that the first necesity of Nicoregua «as peace. Inetwad of makiog war on Hon ures, I suggesied the propriety of sencing nows to toe © ber States of Cevirat America, declaring cur peaceful tn- tentions and soltei ing friendly intercourse. Tnese aug gestions prevailed with the provisional President, bnt were nut palatable tothe Minister of Roiations, Don Mast mo Jerez, who resigued in consequence of the peaceful policy pursved by the government Iu the meantime cevrece bad been issued inviting emi- gration to Nicaragua, offering grants of land and other privileges to such ox to>k up their residence ia tho State. Under these decrees a large number of Amoricans and ober foreigners emigrated to Nicaragua, and ostensive interests were acqaired by them iv the country, As soon, however, as the other States of ental America poliey’ of the United States government, they Entered into a league for tbo expulsion of the americans frem Nicaragua. On the Ist of March, 1966, Costa Itiea dela ‘not agalost Nicaragua, but again ¢ a certain clans of persors resident there, and ‘accompanied thia do Curation with other decrees, disgraceful to the age and revolting to civilrzation. Costa Rica invaded our territory, and was repelled by the courage of the nati Ame- ricans. Bat soon after the enemy retired, it became apparcat that Don Maximo Jerez—who bad for bis own purposes again entered the cabinet of the Provisional Presicent— ‘was emarting under the detest of bis war policy, aod was conepis ing with Don Patricio Rivas to join the other Sta cs in their opposition to the Americans. ‘This was eo palpa- ble that, in the election for Preeident, in June last, 1 be- came a@ candidate before the peonie, and was clected by a large majority. The great objection urged against my elccuon was that! waz nota oative of Nicaragua Tie constitution of 1881, however, required m> such qvaliication; and Don Fruto Chamorro bimerif was a na- ve of Guatemala. As the office of President was not ‘known in the constitution of 1848, it i olear that the qua- lideations for the cifice were to be fixed by the constitu. tion of 1854, which alono create@ such # chief excou- tive. Duty to the Americans who bad been invited to Nica- Tagua required me to ecceot the piace of President, be matter how anxious T might be to escape its Inbore aad res] bilities, Their interests were to my eyes above beyond all others; for on them I verily believe the welfare of the whole country, and its wtility to all the civil- perceived the can paturalized citizens of Nicaragua he is determined to | ized nations of the carth, depend. rotura, aad “if net admitied to his way ot is unnecessary for me to recapitulate the evente of struggle in Nicaragua for tho last year. You, ax w ith regard to bis health,he remarked that it had fas others’ are familiar with the dangers through which extremoly good while in Nicaragua, which he attributed ‘natura’ized in Nicaragua have pa:sed. You to bis ebetemious habits. Many of the soldiers, he said, | know whether or not they bave sustained the aucient fame eemed to act as {they had come to the country for no’ | of their race fer valor faith. You know how they thing else but to eat pipe applow, and to this be aliributed ) have met the open foe and the lurking pestilence, with noth the mortality among them. Ho says ho ato but but asenge of duty and justice to sustain them in the hour sparingly, and with regard to wines aud spirituoas Liquors he was cqually abstemions. On a close clon of bis personal err Gen. Walker bears the appesrance of a man of deep thought; his eyce are somewhat sunken, giving Lim, whea fatigued, a somewhat eareworn look. In conversation ho speaks ia ory meagured tone and with some besitation. An intimation has alroady been given that bis admirers will tender him to-night the complimeat of a verenade, In that event the Gencral will mako an addrere, as was his intention om Toceday evening, when summarily interrupt ed by the rau, GE. WALKER’S VISIT TO THR LOWERY THTATRE. It was onnounced in yesterday's Hens» that Goneral Walker and his stall would visit the Bowery theatre last evening. Preparation was therefore made for an appro- priate reception of the noted visiters. The centre box of the Grst tier was accordingly re-erved for the use of the General and thoee accompanying him. It wat feetooned with tri colored drapery, and from above was saspended exertion was made during the ting the Nicaracuan device, but ‘The ad jotuing box was also reserved for the use of the Secoud company of the Continentals, who hed been out <durieg the day on parade. About cictt o'clock General Walker was waited upon st bis rooms by exJadge A. Patilipe and A C. Lawrence, members of the Committoe of Recoptia: who came for the porpore of ancorting him to tho th tre, Several of hie friends accompanied thom, and the entire party having taken their roats in carriages waiting at the door, drove rapidly down Broadway. arriving at the theatre just before the closing weene of ‘he first pices, Tue General occupied the front seat, and immediately symptoms of acheer manifested theme !ver. In = few moments, however, the cnrtaln fell, aed then arose a sneceeston of hearty cheers from all parts of the house. which cradanily substted into a general cry of “asneech,” “a speech.” In answer to thie demand the Goneral arose, and as toon as silence could be obtained, aldromed them as follows: — I thank you for these manifestations of approbation of a cause which your conduct proves ia dear to every Amert- can beart. (Criee of “Good."”) The conduct of the peonle of the United States, since oor arrival on their shores, proves that they cannot be misled by any miereprosenta- tons, bowover falee—however industriously ciretiated. The ip thelr instincts are always {n favor of a canse which tends to promote their welfare and weir glory. Ayain I thank you tp behalf of the cause [ reprecent, for these manifeetations of approval = (Cheer: 2, He then reeumed biv seat, surroanded by his friends, Colonels Ancerson, Lockridge and Waters, and Captains Fayroux, MeArdie, 0 Keefe, and jon Pedro Si When ihe raising of the curtain dircloged the first scene of the escond piece, a boy roshed on the stage. crying “*Bre’s the Naw Yous Hanaip. Arrival of Gen. Walker, the hero of Nicaragua,’ tho play baving boen somewhat altered to mit the cecation. Much merriment was causod by the pertincacy of the alteration, and the real newsboy manner in which it was spoken. The General and his friende, at the close of the above piece, took their depar- ture, not awaiting for the foal performance, aad were ercorted back to the hote! by the above-mentioned com- pany of Continentals, their offer to accompany him having been mone o trough Capt. Contin, their commanter. TOW A SPANISH GIRT SERVED WALKER. (From the Philadaiphia Journal, Jane 6} Walker Geaicn most positively that he ever utterot a sentiment expressing any diference of feoling on hie pert Re cen the Northern or Soa thorn eection¢ af this con- federacy. In reference to the allegation which has been Clroulaied Vy the prees, that he on one ocsasion hat ex- claimed, “Coba for the Fouth, but not forthe Yan cee," he eay® that he sever wrote or spoke such a phrase. |) so- counting, Dowever, for the origin of ti port, b . a. the worda were written in Spanish, by a young Spa- ule girl, actors one of hiz own lettore, anil that \'e fottor s which were loxt in a hasty retreat, wae terwards published, and the offs sive expression which was interpolated by anotl the public withont explanaton, and the eat mation of the people of the North SICATACUAN MERTING AT BHR AY VILLE, THNY, ‘The friends of Wm. Walker in Bediord © held a ng in Shelbyville, on the iat inet, Josoph Toommon, , prewiling, and G. Manerim, Ksq', Secretary. Reso: he of sympathy and opposition to any iaterfercvoe to tor embarrass his plant by the government were adopted Gen, Walker's Letter to the President of t United States. Wasiectos, Jano 15, 1867 On the let of May last I entered into a couventitm with Commander Dw of the United States sloop mt. Marye, to evacnate the town of Iivar, In the territory of Nicaragua. Justo to myself, as weil as to tie republic of which | claim to be the rightful and lawful ch requires ine to communicate to your Excell umatances which aitended this convention that the events whieh ted to the agreement hetwe tmonder Davis and myself may be more fully understood, 1 beg leave to narrate some facts connected with my pre sence and authority in Nicaragua, which bave pever beon properly preeonted to the government of the United “tate In tho month of May, 1804, a few exiles from Nicaragnn landed im the port of Realefo, declare’ spainst the then existing government of the republic, and secured, within two monthe, poesexsion of early all the principal places ia the Stato, Thoy soon organized a provi he Roun 4 ‘arot, refused wh i ‘Counsel Star a red hotel, he to been others, the es of trial. Alone in the world, unrecognised by the gov- ‘erpment to whieh thoy naturally loolzed for sympathy and countenance, they have still shown tbat they know Low to die in defence of rights juetly aeguired and altempicd o be wrested from them by violence and fraud. tt merely beboves me now to state how the evacuation of Ricas was effected, and bow the Americans in Nicaragua became exiles from the land of their adoption. On the 22d of March last, the allied force of Costa Rica, Gvialemala, San Salvador and Honduras opened a cannon: ade on the town of Kivas, where tho main body of the army of Nicaragua was situated; and on the morning of the 234 they made & genera! asowzlt, which was repaleed with great lows on the partof the enemy. Afterwards they Attempted to invest the town, but never fully succeeded, ‘on account of the wast force require’ for such aa undertak- ing. On the 11th of April they agate aseavlted Rivas, bat were driven back with eve more loss than on the Sd of March. Im order to show how the enemy were reduc afler the ith of April, I peed on'y state that on the evening of that dav a single officer, accompanied by « native servant, passed oat of Kivae and weat down to San jaan del Sar. He there re- ceived the letiers rent to me from Now ) ork by the sieam- er of the 20th of March, and brevght them to Rivas on the moorning of the Ith of April. ‘Taw fact, let me say, was hrown tw Commander Havis. From the 23d of March votil the 234 of April T know that Commander Davie was in correspon tence with the al Nes concerning the stato of the force in Rivas. I knew that he was recetving information from them calculated to misioad him ia relation to my positicn aud proepects, But Commander Davis was, in the meanwhile, makiog such profeetions of friendebip for bie countrymen ip Niewagas that I was disposed 9 attribote his conductto an over: anstoty for the garrison of It'vae. On the 234 of April, however, circumetaness occurred which led mo to douot the sincerity of his protestations. On that day the second licutenant of the St. Marys, Tent. Fiouston, neeompanied by a mou-romitssiqned oflicor of marive#; came into Rivas for the parpose of conducting the worson—both Arneriean and pative—from tha: place to San Juan det Sur, While t the town, Heut. Houston ex- prosecd bis great we at vod con tition of the gar- rivon, met uf the wp tof cheerful confidence which por- vade! the officers and men, Bot, duriog bis presence, be and the soldier of marines with hia gave information to the garrison calcntated to i minish the evarage of the com- mand. These act, derogating from their ve utratity, were dooe in violation of an order by me that the soldier of mariner was not to repeat in Rivas any of the roports circa. laied by the enemy in San Jaan det Ser, tho etlect of Jieut, Hons on’s visit was anrarent from the desertions whieh imme liately followed \t. Avother cirenmatance occurred during I'eut. Houston's stay In Rivaw, to which L afterwards learned to attach Im- portance. That officcr informed me he was ordered by Com nawter Imyis to tell me that any exmmanication I de- sired to make to Mr, C. J, Macioanhi, agent of Mowers, Gar+ ison, Morvan & Sons, m'gbt be made under enclosure to Capt. Davie himself. Althoogh | felt euch an offer was a ure from duty on the part of a | aited States oiticer, take advantage of the offer. mart Yoaston that | did not desire to write to Mr. Masdonald; tut that he might say to Com- mander Lay is irom mo—end with the onderttanding toa it waa te be commuvicated to Mr Macdonaid—that | © a- sidered ay ee jon at itivas imprepnable ‘to the fords at the disposal of the enemy, as long as my prorisions lasted; that if Colonel Lee dge did not join me ia Nives by tho time my commissary stores were exbassted, f wonld abendon the place ent join the force on the Sag Joan river; and that 1 considered myself entircly able And competent to carry ont each a movement. Wheo I learned afterwards that ‘his meteage war never delivered to Mr. Macdonald, 1 wae forced to consider Commanter Devise’ offer an effort to draw from gue a declaration which he migh’ sfterwarde tarn ‘amy dance After the visit of Lieutenant } 1 beard no more from Commander Dar!s unti’ the 2cth of April, when two aldedecamp from the enemy camo under a flag of tence with a letter from that officer to myself. The let ter propored that I should abandon Rivas and go aboard of the St. Marre to Tanama, Commander Davia undertaking to gunranice my personal safo- ty. Although tas pronesiuon was extremely olfenstys —inetnnating, @ + tbat my pera: the bonor avd dignity Of the government of which I was the es . might prove a determin! ¢ imvetane tn a militery convention—I ropticd that Ue proprsition was vague, and suggested bis coming into Rivas, aud a per- sonal conference boiween ua. Ff only submitted to the mortification ofanawering ench a letter on the en ppasition that Commander Davie might bree istormation Tdid not ¥ the substances, (Roath not newored by saying tnat he roporition wane: that he propored ve the country? Varkridge having loft that be hed matirely “1 ghon! that Tn the 2 the enterprise ena | the f * Of Co) finally fan June 1 dered the ir to enter Riene, and had decided, mrorervedly, not to take atch a step. The tone of Oris note war, aisle, mare offense! than that of the first; end the use of the word “ontornrise,”? n copnecion witha government which Com. Davis had atedionsly abnowledged by addrorsing me ae “Prosidont bot a few @eck# previonsly, fomnded etrangety ¢ ant. As, howover, the letier stared the eva San Joan rivor-—the fret news That ed to answer the offensive not by Cot hat rate eondoet from the D camo, enclosing the rx # (Gen. Honningeen and the anewer vena, in effect, thas ‘ol. Waters ah “lat onse to the head jrarters of the allies, ag Commander Davia? in struction: required his epecdy return to San Juan det Sur, 1 Was surprived fo reeomnice the body of the note ae the handwriting of Goneral /ayain—one of the Generale of the Allied forces, who spoke and wrote Fugiieh—and to tind that such a note war Fignod Dy a professed neutenl, For what passed between Gea covington aud Colonel safety, inetond of | Waters aud Commonder Mavis 1 refer y oa to thy report of the former officer, herewith euciosed, ard to the terms af the couvention of Rivas allow me'to sugvest ibat tee conven ion iteelf is the best evidence the army iu Rivas war potor the eve of detruction or dissolution Ife peril to my command eux w great as bas been publiely represented the allies would Dever have portmitiea us te evacuate the piace, rot only in safety but with honor, Tp bis intervie ¢ with Geo. Heouingsen, Commander Dee vis hud expressed bik “unalterable devertoination’ to setae the ecboover Grapsda; ané this haa been & determining® clreumetance with mein signing tbe conveation. ( therefore, sur; the St Marys, to bear Commander Davis propose that t thould acliver the vessel to bim without the ne essity for the use of force. This | rejected, then provosed { tbculd detiver the veesel on condition he gave me the arme and ammunition on board of ber, I replied, pot a rag or & eplipter ehould be given up except to an dwerw! force; for the hooor of the litte vees*l was in her ball rigeitg ard in the flag she bre, and, in comparivon with thir, the value of the proverty shoard her was mere droge, Need | exprers surprise that a United States naval officer sbonld make ro di honorable @ proposition? Finving that Commander Davis appeared to hesitate i the execution of what he tad declared bis Cu al erable deter mination,’' | endeavored to convince him of | wrong and tojury be would commit by the selzy Grapeca. 1 endeavored to satisfy him be bad no right question the flag of the schoover while she isy in tho port of Sa0 Juan; that while there she was within the territory Of Nicaragua, apd subject only to the sovercienty of tab republic; that it was upwortby of the Uuited thas to trample op tho moat eaored rights of a sister State; sad thai! eouid pot and would pot believe, bis govorument won! 1 sanction vuch @ violation of tnternaiiony law, He revlied be would weigh what [ had said, wod soe me ages the subject; but without eny further conversation be writien Crders to bis first lieutenant to seize the Gra- vada by force The order was oxecuted, The first heate rant boaried the Grapada with a small force. Capt. Faye s0ux, of the Grapada, beal t+ quarters, Ltout Msary ea deavored to Catt. Fuvssoux to give up his vee- tel, aileping, in accordance with his instructions, that ft weuid be tn accordaace with the Rivas coaventtom, Captain Fayssoux euid bis ordere were not to deliver the fchoover uniess to an overwuelming force. Liew. Maury returned to the st, Marys} and informed me tbat he tm fenaed 1 ‘ake the Granada; and if [desired to save the effurion of olood, I should give an ‘der ta deliver hor him. He then brought his broadsits of eleven gins te Daar on the Beha Scuared san vor, manned his small boats with one Sst iearegean Sag bauled down and the amorii botsted. Todienat! as an officor of Wcarages at bn th obiy od in Dees seas pee by shame as a native of tae BI es at eveivg its glorious covering an ect of perfidy and ae Rect Lark leave to neg your epecial consideration of the fet that Lieut. Manry applied to me for an order to Gupta Fayseoux, This was an acknowledgment that Cactus Foye: ous was still ap oflicer of the gove-nment of whies 1 ot ihe digtiey bed onde of Nicarag been tthe dignity an ma bad not suffictently aegrated by but ber own {flag lowere¢ @ berown port It was reeorred for Commander Davia te Complric a series of ineulta, by delivering the G avada, with ali ber a mament and equi . oan alien enemy. Nor did the boetitity eof the United States vaval offloers cease on our cep riure from Sao Juan del Sur. On te arrival of the St Marys et Ponama, Commodore Mar vine kept the rixteen cflicers with me prisove™s on the ehop je wou d ho pe-mit 8 to land or ho d commuat- cation with the ehore, Eern my letters from the United States wore sent bark to the shore; and *ben I requanted to send aboard the Colifornia steamer in order to inquire for leters [ expected, the Commodore replied be would rend ove of bis own officers to inquire fer my levers. I 1 P government bad published a decree forbilding any one lately engaged im the Central American war to land at Pauama, unless epoe conditious. An Americas citizen at Panama afterwards assured me that the Governor of the place rewarked there would bave beon po dificul y about my landing if the ap- Plication for it bad been Such, sir, is a faithful his‘ory of the means which have bern naea to exile the Americans naturalized in Nica! from the country for whieti bee bave spiit their biood risked their lives For the Innd ef thetr adoption they tet toe ease and comfort of homes endeared to them by mary @ tender tie upd many a glorious reoolirction Onc thes- sand Americans have pert+ped ip order to secure the lande aud privileges promised them in Nicaragoa. Their bet# are, for the most pari, citizens of the United States; aad le it to your wisdom to decite anetee 3 1s ee politic Leegflny en bo endangered, if noe sacrificed, by the acts, authorized or unauthorized, it ver your wisdom may decide in relation te ae Policy of such conduct, | know the jurtice of the goverr- ment your poreeyr 2 £0 worthily Controls wi!l not fail raise up the honor ¢f Nicaragua, by the setaure of ber @ «pn versel in her orn port, and by its delivery ® @ foreign fue. I know you will not, with impunity, per- ‘mit the sovereignty of a sister republic to bo Lod ply because she is weak With full covfidence I trast tr uch arta and declarations on the part of the government tctpalon inthe irsulte au degraation, wince Niosragee au hae received at the bands of Amcrican officers, I have the honor to be your obedient WM. WALERR To his Fxcellency Jamms Bucwanan, President of @s Newspaper to Foreign Countries vim mn [From the Washi ‘inion, Jane 16. Wo are requested to state tbat the following hanno the countries aud places to which newspapers from the United States canu xt be forwarded via England unless L4 Eten and Bekish poetage.) Sr Sem Sachs CO postage. ‘The charges on a single newspaper to each of thes po no via Epgiand are as followe—prepay meat com- do. Southam: . ‘Taemania,Van Dieman’s Land. vi tone Victoria, do s ? 6 T ? papers to tho’ following’ places’ the United States aod GBritivh portage is four centa cach, to which must bo added & forel gu postage bos ond England of three one Re every balf ounce in weight, prepayment re- quired = Botuschany, Janey, Batonica, 5 Bocharest,' Lore Mamsoun, — Trobi Candia, Mester, Seren, Talteha, Galata, Katebuck, — Teheeme, Varna. Voetinasters should note these rates’ cpon Postagen to foreign eountriog, ADVERTISEMENTS ENEWED BVKBY DAL. PRMAORAr. RkSPROTARILITY Wi beantifal bealiay female baby, leet r Sovaunee. rants, whose moter is dead nod falher gone to Busnpa, bed ‘Dy calling at 175 Joral: &, Brooklyn, Two the table of AN Ose or ES ENAIRTTA.~I PRAY & " Direct tes 1807 instead of had VOC e ADORE en FL. SHOULD NEED MORE LIGHT TO ASCKRE, the time in the street, it will 1 e ing be granted, or preety NPORMATION WsNTED—OF it fat sepa Whe et ee Ohio and intended Rolug to Lilinole or Les. roy = Teepeeting Lim would be vankially reoctved by Mrs Moore's, 64 Hestar siren, pers please copy BK. RNAFP. B8Q, LATE AGEN J. Sickiney Boperiett tu, cout Yee Hease to engage in the banking and real atthe astor Honan, yr OB. HAVE RECEIVED YOUR + tbe right person. il rigitt, mt oe BOM+8 GARTLAND, OF TENN, WOULD LIKE e his b 4 F Pate. tie veonber Will be at’ Drosdway or cee noe FIREMEN, J OTICR.—FIREMEN.— Ata. 00 is Bo. a to the Bonen of Kogine Priday eve wings, a4 5 0 ton, Will please meme de company’ No. 24, ca Thursday and JOURN MACK, ? 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