Newspaper of Burlington Free Press, March 17, 1837, Page 2

Newspaper of Burlington Free Press dated March 17, 1837 Page 2
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poles toeearch for chrystals, and in one of llio coila of wiro ho found 0110 of these trr.egn insects, This proves that it id pro diicctl from llio silos and not from the aciil. Mr. Crosse, with hid usual modesty, has contented himself with slating tho lact, without attempting to account for it. Ho ia in correspondence with Prolnssor Huck land upon the subject, and llio IcariU'tl pro fessor lias suggested an explanation, which it will be for future observers', by repeated experiments, to confirm. Wo should Blah:, hnl llm irKPrle 'oro principally found ot tho negative pole of llio battery. A German naturalist has recently discov. crcd that sllicious and other rocks arc chiefly composed of tho remains of insects. May not the germs of some of them, ruleos. I'd from their prison-house, and placed in a favourable to tho devclopemeiit ol vitality, have sprung to life after a sleep of tlioiuanu3 of years. PENSIONS TO WIDOWS AND OR PHANS. An Act ar.-inli" luilf nnv to widow or orilinn where tlicir hu.-biiiels nntl fullers lino died of wounds received in llio inililiiry rervicn of the United Stale in certain cues, and fir oilier pur noses Be it entitled by the Senate and limine if Representative of Ike Untied btalcs of Jlmer icn in Congress assembled. That when any officer, non-commissioned orlicer, musician or privato of the militia, including rangers, ca fcnciblcs, and volunteer?, shrill have died while in the service of the U. S , since the twentieth of April, eighteen hundred and eighteen, or who shall have died in con. acqucncc of a wound received whilst in the crvicc, since the day aforesaid, and shall have left a widow, or, if no widow, a child or children under sixteen years ofogc, such widow, or if no widow, such child or chil tlrcn, shall be entitled to receive half the monthly pay to which tho deceased was en titled at tho time of his death or receiving euch wound, for find during t he term of live years, and in caso of tho death or marriage of said widow before Ihc cxpi'ation of said five years, the half pay for tho remainder of the time shall go to the said decendent : Provided, that the half pay aforesaid shall be half the monthly pay of the officers, nou enimnifp'iGncd officers, musiciuus, and pri vates of tho infantry of the tegular army and no more. Provided also, That no greater sum shall bo allowed to the widow, or the child or children of any officer than the half nnv of a lieutenant colonel. Section 2. And be it further enacted. That if any officer, noncommissioned offi. ccr, musician, soldier, Indian spy, mariner or marine, whose service during the revo lutionary war was such us is specified in tho act passed Ihc 7th day of June, 1832, entitled "An act supplementary to tho act for the relief of certain surviving officers .and soldiers of the revolution," have died nince llio fourth day of March eighteen hundred and thirty-one, and before the date of said act, the amount of pension which would have accrued from tho fourth day of March, eighteen hundred and thirty, one, to the timo of his death, and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow ; and if he left no widow, to hia children, in the manner prescribed in the act hereby amended. Section 3. And be it further enacted. That if any person who served in tho war of tho revolution, in the manner specified in the act passed the Eeventh day of June, eighteen hundred and thirty two, entitled 'An act supplementary to the act for the relief of certain surviving officers and sold iers of tho revolution," have died Icoving a widow whoso marriage took place before the expiration of the last period of hia ser vice, euch widow shall bo entitled to re ceive, during the timo she may remain un married, tho annuity or pension which might have boon allowed to her husband, by "virtue of the act aforesaid, it living at Ihc time il was passed. Section 4. And be il further enacted, That any pledge, mortgage, sale, assign ment, or transfer of any right, claiir, or in. tcrcBt in uuy money or half pay granted by this net. shall be utterly void and of no ef fect; each person octing for and in behalf ol any one, entitled to money o,nnr -ih act, shall take and subscribe an oath to be administered by the proper accounting olli. ccr, and retained by him and put, on file before n warrant shall be delivered to him, that he has no interest in said money by any pledge, mortgage, 6alc, asssingnmenl, or transfer, and that he dues not Know or believe that the same has been 60 disposed of to any person whatever. Section 5. And be it further enacted That the Secretary of Warohall adopt such forms of evidence, in applications under this act. as tho President of th s United States shall presctibe. Approved, July -1th, 1C30. War Dep., Pension Office, July 9, 1330 In order to carry in'o r fleet tho Act of Congress or the lth July, 1330, entitled on Act granting half-pay to tho widows or orphans wheru their husbands and fath ers have died of wound?, received in tho military scrvica of the United Stales, in certain cases, and for other purposes," the following rules have been proscribed by the President of the United Suites, and adopted by tho Seerciary ofWar; nntl they are now published for the information of annlicanls under that law. 1. Applicants uudor the first section of the act must produce tho best proof the naturo of the caso will allow, as to tin service of the deceased officer or soldier tho lime when ho died, and the complaint of which he died, and the supposed cause of his disease, Il must bu clearly shown in what company and regiment or corps ho ecrved, and the grade ho held. Such proofs must bo had, either from tho records of tho War Deportment, tho muster rolls, tho testimony of cumniisMoucd officers, or the affidavits of persons of known resprc lability. Prom similar sources evidence must be derived as to tho period and cause of tho death of tho ollicor or soldier. ?. Tho legality ol tho marriage-, tho name of tho widow with those of her chil dreu, who may have been under sixteen years of a no at Ihc time of tho father's do cease, with tho Stato or Territory ond county in which she and ihcy reside, should ha established. The legality el' tho mar riage may bu ascertained by llio certificate pi wis clergyman wuojoineu uium in wuu lock, or tho testimony of respectable per sous having knowledge ol the lact. i no ogo and number of children may bo ascer tained by the deposition of the mother, ac. coinpatned by the testimony of respectable persons having knowledge of them, or by transcripts from the parish register., duly authenticated. Tho wid.iw nl the time ol allowing the half-pay, or placing her on the list for it, must show that she has not ngnin married ; ond miul moreover repeat this at the time of receiving each and every ptiymciit thereof, because in case of her marrying again, the half-pay to her ceases, and the halt' pay for tho remainder of the time shall go to the child or children of tho decendent. This may be dond by tho affi davits of respectable persons having know ledge of ihc caso. 3. in cases wheru there arc children and no widow, their guardian will of course act for them ; establish their claims a pre scribed in tho foregoing regulations and rcccivu their stipends for them. 4. Applicants under the second section of tho law will moke a declaration before a court of record, setting forth according to tho best of her or their knowledge or belief tho names and rank of the field ami company officers, the day (if possible) and the month and year when tho claimants's husbnud or father (as the case may be) en tered the bo'Vico, ond the timo when he loft the same; and if under more than one engagement, the claimant must specify t ho particular periods, and the rank and names of tho officers under whom the services was performed, the town or county and State, in which the claimant's husband or fiilhor resided when he entered the service ; whether lie was drafted ; was a volunteer or substitute; tho battles, if any, in which he was engaged; tho country through which ho marched, with such further par. ticular.s as may be useful in the investiga tion of the claim, and also, if the fact be so, that the claimant, has no documentary evidence in support of thu claim. 5. The same description of proof as to the relationship of tho claimant to tho de ceased officer or soldier will bu required a tho rule under tho first section points out. 0. Claimants under the 3d section ofthe law must not only produce euch proof as the foregoing regulations direct, in relation to wif'nw' claims, but they must in all cases, os an indispensable itquiaitc, i., when they wore legally married to tho de ceased officer or soldier, on account of whoso services the claim is presented, and that the marriage took place before the last term of service of the husband expired. They most also provo that they were never afterwards married. 7. In a case where the service of the do ceased officer or soldier is clearly proved, by recorded documentary evidence, or tho affidavit of a commissioned officer, showing the grade and length of service of tho de ceased, the particulars in relation to the service ore not required to ho set forth in the claimants' declaration, except so far as to show that tne claimant or claimants is, or arc, the wiuow or ciniurcn oi me uc ceased. 8. The claiment murt in every case where there is no record or documentary proof of the revolutionary service of the deceased officer or soldier, produce tho tes timony of at least one credible witness. Traditionary evidence will bo deemed use fu! in every such case. 9. Applicants unable (o appear in court by reason of bodily infirmity, may make the declaration before required, before a judgT or justice of a court of record ofthe county in which the applicant resides, ana tho judga or justice will certify that the applicant cannot, from bodily infirmity, at tend the court. 10. Whenever any official act is required to be done by a judge or justice of a court of record, or by u justice ol the peace, me certificate of the secretary of the State or of ihc Territory, or of tho proper clerk of tho court or county, under his seal ol othce, will be annexed, stating that such a person is a judge or justice of a court of rcord, or a justice of the peace, and thai the sig nature annexed is Ins genuine signature. 11. Tho widows of thoso who served in the navy, or as Indian spies, will produce proof, as nenrly n- tony tip, conformably lo (he preceding regulations, ami authoutica ted in a similar manner, with such varia tions as the different naturo of the service may require. 12. The form prescribed for claimants under the 3d section of ihc act will bo ob served by every other description of clai mant?', so far as the same may be applica ble to I heir cases. The judgo or justice who may administer an oath, must in every instance certify to the credibility of the affiant. 13. In every case in which the deceased officer or soldier was a pensioner, the facl should be so slated, and the deceased pen sioner described us to enable tho depart incut to refer immediately to the evidence upon which ho was pensioned, and thus fa cilitate the examination of tlfc claim of his widow or children. Jamks L. Edwarih, Commissioner of Pensions. &ffimJ at SgilflsijtHfltou. Tho twenty-forth Congress closed Saturday morning, having dono little or no good. They left unfinished the bill provi ding for fortifications , the bill to relcivo'tho sufferers, by the great firo in New York. The currency bill was not signed. Indeed wo know nut all that was not done. The bill to pay officers mid legislators was pas sed. RESULTS OP TIIH SESSION. The second session ofthe Twenly-fuurth Congress has closed, Both Houses con taitied an admitted and strong majority of mends ot tho Administration, and the complaint, or tho excuse, of lust year, thai at least in ouo branch the composition of thu committees was unfavorable to Ihc success of Administration measures, has had no foundation. Tho committees were all framed with nndeviating regard to the strictest injunctions of party discipline. With such majorities, and with commit tees so composed, what has Conouess DONE AT THIS BK3SION ? Ill moro than thirty years of acquain tance with Congress, wo have never known a ession so barren in valuable results. I With great difficulty' and at the very last moment, most (but not all) ot tho common oppropiiation bills, it is true, woro got through. So Mint the machinery ol liov eminent will go on. And this short son tenco describes almost tho whole of tho actual doings of the session, if we except tho bill for increasing the number of tho Judges of tho Supreme Court by adding two members lo that body. Congress hat not reduced the revenue, tho leading object presented to its consid eration in the President's message al tho opening ofthe session. It has not reduced trio duties on importations; nor has il res trained tho sales of the public lands, Tho Treasury Order (tho Specie Circular) of July IHIi, IIJ3G, so much, so universally and so justly complained of, is not rescind ed, repealed, or superseded. Both Houses il is true, by very lurgo majorities, passed an act rescinding and superseding this obnoxious order ; but the President neith. cr approved it nor negatived it. Ho put it in his pocket. It was presented to him some days before tho adjournment; but those days not being Ion, ho had a right as ho construes llio constitution, to do neither one thing nor another. He did nol even inform I ho Senate, with whom the bill origina!od,lhal he had not tunc to consid. cr the bill. He had, doubtless, abundant lime ; but, it had passed both Houses by more than two thirds ol each, he probably foresaw that if he returned the bill, with his objections, it would still be passed by the constitutional majority, and so become a law, without hi consent. He chose, there fore, to hold it back from all further proccc ding or action of Congress, and in that way to defeat it. Wu hold this to be the most exceptionable or' nil the model of ex ercising tho veto power, because it is Ihe leasl responsible, and because it deprives Congress of an opportunity of exercising its constiiiitonal authority of passing a law bv the votes of Iwo-lhirds of each House, without tho consent, or agninst Ihe will, ofthe President' On this occasion, the strongly expressed, undoubted, and notori ous will of much more than two thirds of both Houses has been knowingly and in tcntionally disregarded. Tho will of one man lias triumphed over tho will of the People. This is ihc unquestionable and ..ni.i.oiino.i..t( . nnil we leave commen tary to others, or lo another occasion. In speaking of tho measures which have failed, we must not be understood, in all cases, as manifesting our approbation ofthe measures themselves. We only say that, with ail its majorities, and all its power, the Administration has failed, completely fai led, to fulfil the purposes which it under took to accomplish. It has found itself just able, ond only just able, and that indeed not without the help of the Opposition, to Weep Ihe Uovernmcnt along. If that Op position had been less patriotic, if it had sought to create embarrassment, if it had cither withdrawn or voted against mea sures, we sec nothing but that Government must have come to a full stop. The ruitil'iLat'iut, bill l. boon Inst b B disagreement between the two Houses. We do not mean Mr. Benton's bill for new works; that never breathed a breath (some people think it did not have breathing tune) after it reached the House of Rrprcsenta lives. But we speak of the common, an nual appropriation for works already bpgun, and now in progress. Tiiis appropriation has failed, by the disagreement of tlio Ad ministration House of Representatives and Administration Senate, on tho subject of the distribution of the Treasury surplus, a moasuro which was connected with the bill making this appropriation ; so thai all the works, where prior appropriations aro ex hauslcd, must await the provision- of the next Congress. And this leads us to Fay thai, while Congress has adopted no mca sure to reduce income, il has refused to make distribution of a largo and clearly as. certained surplus ; wo say ascertained, bo. cause, as was urged in buth Houses, U is now os obvious that there will be a surplus next January, as it was, on the 2d of July lust, when the late act passed, that there would bo a surplus tho HI of January of this year. The Luid bill not passing, the bill lor reducing duiies not passing, an other surplus is a thing of course. It may not be as largo os last January, but wo rc gord it os bum'' equally certain. This sur. plus Congress rclusos to depostte with the States. It ordaiiw, on the contrary, in ef feci, thai il remain with Ihc deposito banks. Tho House of Representatives insisted on distribution, if there should be surplus, end would not yield ihc point; tho Adminis tration Senators refused to assent to dis tribution, let thosnrplus be what it might. The final vole, in the Senate ngainst it was 27 to 23. So the Fortification bill, Dis Inbution section and all, was added to the list of lost measures. Tho commercial community earnestly desired llm passage of the bill anticipating iho tmvmcul of the remaining instalment, expected soon lobe received at llio Treosu. ry under the treaties with France and Na ples. At the present moment, such a mea sure was looked for as one thai would af ford considerable relief to the pressure for money. 1 Ho bill passed the Senate, but was lost in tho House Then tho bill for restoring the duties on goods destroyed by tho great firo in New York a mensurc of obvious justice to in dividuals, and, from ils extent and import. iince. deserving to be regarded as a public meosurupassed the henatc also, but par took oflho fate of so many of its compan ions, and failed in the House. The retaining this money in the Treasury we are compelled lo regard as a harsh and cruel exaction. We know no justification, hardly any plausible apologr, for it: and while wo speak of ihe restoration of these duties as one act ot lustico, wo cannot but refer to another, and that is, tho claims of our eili.uns for French spoliations before 1300. These two claims of justice, absolute

justice, as wo consider l hem, would have absorbed ten millions of tho money of an overflowing treasury. When will Uov crumcnts learn that justice is tho first and greatest element of all true public policy? Among tho other hills of a public nature which passed Ihe Senate (and failed in the House of Representatives) was tho bill for incrcuHing the Military Establishment of the United btatcs. Though this was a measure upon which there is a groat diver sity of opinion, it mual he confessed lo have been defeated by other circumstances than tho hostility of the House to it. Tho wholo number of Senato bills not acled upon by tho Hotno was about one hnnd red and twenty ; amongst which, as of the grculost general interest, wo may in stance, from an examination of the file of bills, thoso authorizing thu relinquishment ofthe lOlh sections granted for tho uso of schools, and tho entry of other lands in lieu thereof; to revive and continue in forco Ihe act "to provide for persons who were disa bled by known wounds received in the Rev olulinnary wor;'J to provide for tho erect ion and repair of cuslom-huuscs, (at Phila delphia and Now Orleans;) to authorize tho Ohio Railroad Company ts locato a road through the public lands ; to give ef fect to the 3th article of the treaty of I it! 9 with Spain ; to provide for the. legal odjudi. cation of tho Bastrop. Maison Rouge, and othor grants in Louisiana and Arkansas; a bill in amendment ofilie. acts respecting llio judicial system of Ihe United States; a bill to authorize Ihe President ofthe United Slates to furnish certain ordinanco In the several Stales ; tlm bill to rebuild tho Gen oral Post Office Building, and for other purposes; the bill to provide for tho trans portation of the mails upon rail-roads, &c. As onu effect of tho loose mode of doing business in Congress, wo cannot but regret that among Ihc lost bills is almost every bill, sunt oy the Senate, for objects within tho Territories of Florida and Wisconsin; which unkindncss to these younger children of our Union wo the more regret on nc count of the worthy Delegates from these Territories, whoso estimable characters. and indefatigable exertions in getting them through lha Senate, deserved bettor treat ment from tho House in which they sit. Nor less, certainly, do we regret that the liberal and enlightened intentions of Ihc Senate to erect a Hospital in this city, and to establish a Criminal Courl in this Dis trict, shared the same fate as the Ternio "rial bills. Ofthe private bills, not acled on, the number is large; wo believe, beyond all for mer example. Tho number reported m the House of Representatives, and never acted upon in any manner, amounted lo several hundred. Such are Ihe results ofthe session, as we hastily gather them. JVaf. Intel. APPOINTMENTS BY THE PRESI DENT. By and with the advice and consent of the Senate. Benjamin F. Butler, to be Secretary of War ofthe United Stales, until a successor duly appointed should accept and enter on the duties of said office. CONSULS. David Rogers at St. Croix. Payton Gay at Campcachy. DEPUTT POSTMASTER. A. C. Burgess at Columbus, Mississippi. Sidney Abcll at Chicago, Illinois. Charles McKnight, to be justice of the Peace for the county of Alexandria, in tho District of Columbia. In addition to tho above, it is stated that ttlO f'OllOWItijj nomination hnvn beon mntlo by the President to the United Slates Senate : Joel R. Poinsett, Secretary of War. Gcorgo M. Dallas, Minister to Russia. Powliatau Ellis, Minister to Mexico. Abraham Van Buren, to be Secretary to sign land warrants, &c. Win. H. May ward, uf N. C. Charre de Affiirs to Belgium. Wm. W. Chew of Philadelphia. Sccro. lary of Legation to Russia. Henry Whcaton, Minister to Prusia. Heman Lowrir Marshal of Vermont. John P.Henry, Navy Agent at Savannah John Anderson, Collector at Portland. It is not ascertained that Iho nomina tion of William Smith, of Alabama, and John Catron of Nashville, lo be the new Judges of the Supreme Court, have been acled on. Mn. Cr.Ar. On the last night of the lute session of Congress, while the Fortifi cation bill was before tho Senate, Mr. Wright, of New York, made some remarks, censuring the House for insisting upon their a-nendmerit to the bill, pr ividmg for the distribution ofthe surplus in January next. The N. Y. Courier and Enquirer gives the following sketch of Mr. Clay's remarks in relation to this subject; Mr. Clay said that it would be an unhap py day for this country, when a member of one Honc shall cast reproaches on the oth er branch for a waste of lime. Ho wished to know if the other House hud noi ihc same right to sa oyo or no to a bill that this House had.' From whutcver source commanded, if from any, he trusted that the House would preserve its independence. That House was us pure, os independent, m patriotic, as the majority ol this senate Ho would, instead of depreciating the House, sny (jo on, noble House ot Rep rcseniaiives, poriorm your uuty, as you have done this memoroblo day, and rely on the gratitude ol your country. 1 his wns a memorable day. It wus Iho last thank God for all his tnercicri! of the reign of Geuur al Andrew Jackson. For eight years, we havu laid on a hard bed, on one side. It is a memorable day on another account. It if i he day before llio inauguration of Martin Van JJurcn; whether we shall have an cas ier timo in future or not, we shall, at least, have the benefit of turning round, lo Ihc consolation of our bruized muscles. It is a memorable day, for the House of Repre sentatives has burst the bunds of party, and showed itself tho lofty representatives of a high minded people. Tho gentleman on Ihe other side in the Senate, would now abandon the fortifica tions, permit the workmen to be discharg ed, and bring distress on thousands, rather than suffer this money to bo taken from Banks which have no business will) it, and placed in the custody of tho people. They could act in fuvor of fortifications until the question came up concerning thu distribu lion, and now they would sutler all lo go to ruin rather than transfer this money. Ho would vote with a majority of the House, and he hoped the people would un derstand the question, Ex-PnEsniENT Jackson left Washing ion for his rosidenco in Tvnncsse, on Tucs day morning. We have pleasure, says Ihc National In tclligcnccr, in placing before tho public eye tho following triumphant vindication of II. A. Wise, the fearless arraigncr of public wrongs, from the vituperation and calum nies with which he has been assailed, through tho press, by thoso who in some cases misunderstood, and in others wilful ly misrepresent, his character: Tuesday, March 2, 1037. In Sctecl Committee to inquire into the condition of thu various Executive De partments, &c. under the resolution of ihe 1 71 h January Mr. Pearce moved tho following resolu tion, which was unanimously adopted ; Resolved, unnniir.ou-ly, That notwith standing the highly exciting topics of dis cussion which have come before this com mittee, and their frequent animating do bates, the Hon. Henry A, Wise, as their chairman, has at all times so conducted as lo untitle him lo their thanks, which arc hereby accorded to him. FOREIGN ITEMS. Fiiom England. Liverpool dates from the 30th of January havo been received. Parliament was to moot on the 3lst, for the despatch of business. The address in the House of Commons will be moved by Sanford, M. P. for Somerset, and seconded by Mr. Villiers Stuart. Lord Fingall moves and Lord Suffield seconds the address in the Lords. The coronation of the Emperor of Aus tria, as King of Venetian Lombardy, will take place in Milan on the 20lh of March. Fificcc persons, who were at the Peel Banquet at Glasgow, havo since died from the effects of the prevailing epidemic. A French paper sajs, thu Duke of Cum berland and prince Gjorge, were suffering at Berlin, from the grippe, with which il is stated upwards of 40,000 persons in that capital arc ailliclcd. Accounts from Gallacias state, that in ihn hegioing ofthe prceent month the chol era was raging with great violence in that province, and that it had re appeared in Po land. Great mirlalilu.TUa number of deaths now occurring in Glasgow and neighbor, hood, stands without a parallel in the bills of mortality. In the beginning of this week, in one day, there were twenty five interments in Calton; and on Thursday and Friday, so great was tho demand for hearses and mourning coaches, thot num ber! were obliged to defer funerals, and alter the hour in the letters of invitation. In Brighton, calls are made two or three times a day in some cases for aid to bury. One joiner alone made on Saturday last, from ten in the morning till scren on Sun day cvning, no fewer than twenty one cof. fins. Glasgaio paper. The newspaper published al tho Sand wich Islands, in the language of tho na tives has three thousand subscribers ! The natives havo called for 50,000 copies of the hymn book published in their Ian guagc, which seventeen years ago had not an alphabet. If William the IV should ever again in quire after Mr. Van Burcn's ancestors, tho following pargraph from a Dutch pjper may be useful lo some of tho satellites of the rising cun ! The Utrecht Currant remarks, that Mr. Martin Van Buren, who will probably be President of the United States i a descen dant of some ancient planters at New Hol land. Tho lata Chinese decree against the sprcauing oi cnnsiian books and Missiona ries in that kingdom, spells the name of Christian adventurers lo that empire, thu Lo-Matam, Gai.Kicn-S-m, Po-Bin Leron, Lam yuo Van, Ni-co lam, Kine-n Fli. By these appellations, we imagine their nearest relatives could not recognize thctn. The decree threatens death to all in this work. It says also : 'To spread the ChrUtian religion of Eu rope is to deceive tho people. That relig ion is, in fact, thu ruin of morals and of llio human heart, and it is on that account, that all times it hns bn"ii prohibited, and ac cording to tho in-lroctions dial our ancest ors havo transmitted lo us, tho pasl is the rule ofthe future." Guizlaff's labors, it is presumed, aro at an end. DOMESTIC, Governor Everett, of Massachusetts, has appointed Tliur.-day, the Oth of April, for tho mi mini fxst in that state. Distue-mno. Early on Suturday mor ning, while ,Mi-s Rebecca Dow. a domestic in the family of Capt. Samuel T. Ruggles, of Dorchester, was occupied in ihe kitchen, her clothes touk fire from a cylinder siove, and she was immediately enveloped in flames. Before assistance could bu render ed, life was nearly extinct. Medical aid was called, but death relieved her of her sufferings in twelve hours. Law. 1 ho New York Sun gives tho following case, which is decided by a jury Such a construction would operate curious ly in hard times, when a name is lent or borrowedor money. There is a special statute for Philadelphia city and county, that has such a plea as the defendant in tho following cose set up ; "In the Common Pleas, yesterday, was trieu anoiiiur note case, involving Iho qiics. tiou of accommodation. It was brought by Christopher Keys v. William Backus, lo recover tho nmount ol'a promissory note for SJ250, at 30 days, drawn by the defen dant. It appeared that iho nolo was given by the defendant to John C. Brant, as an accommodation note, and that ho paid it to tho plaintiff in consideration of a unto pre viously due from him to thu plaintiff; and its payment was contested by the defend on thu ground that it being so givPn, no ne.v consideration or valuo was received for il. Some money transactions between thu parties wore proved, but it was qt'ea lionablo whether they had any reference t tho nolo in issue. The courl charged tho jury, I hat if from thu evidence they fou,n that the note was given by Brant for tft8 purpose of renewing a nolo previously du from him to Iho plaintiff, the ground assu' mcd by the defendant for contesting the payment woa good and valid. The jury, after a consultation of some hours, found & verdict for ill dolcndatit. DnuAm'UL Accident. Mr Lot Taylor of Yarmouth met with on accident last Thursday by which ho lost no eye and came near loscing his life. Whilo shoot ing a fowl on the marsh, the breech pin of his gun, and a screw which confines tho barrel to tho stock and attached lo tho pin, were blown nut, and entered his head through the socket of the right eye, in an oblique direction, more than the length of thu pin, which was three inches, and ono in breadth, at tho larger end and forming a cross wi:h the screw, which was an inch and a half long. Nothing could bo seen ofthe pin where it entered. Tho enter ing point pierced ihc skull bone and skin, near llm right oar. and protruded from tho head about the eighth of an "inch. Mr Taylor was a mile from homo at tho lime of his misfortune and had that distance to walk. Tho pin anil screw were not ex tracted until after three hours of una voidable delay this timo and especially during tho operation lor removing them, Im sufferings were thu most excruciating. Great force was required lo extract tho pieces, so firmly were they embedded in ihe skull. Dr il. Tuck performed tho dffi cult and painful operation with great skill and not withstanding tho great loss of blood and critical situation of his wound, Mr 'P. is now so comfortable that hopes are cntertnir.ed of his recovery. Tho gun had been mended a short time before by a blacksmith, and the original breech-pin was omitted for one which was too small and not perfectly filing the place where it wu inserted. Barnstable Patriot' Three Deaths bv Cn.incoAi.. A mel ancholly occurrence took place on board I he steamboat Ma-sachusetts, lying at New York, on Friday night, the particulars of which are as follows, as wo learn from tho Journal of Commerce: Two engineers ond one fireman retired to their berths, having previously planed a furnace of ignit ed charcoal and anthracite coal in their rooms, and were in the- morning found dead in their beds. The names of the men were as follows: 1st Engineer, Mr. John Ortwell. of Fall river, a man of fine talents and high character, who Ifas left a family to mourn his loss. 2d Engineer, Mr Russol Cole, a single man of Seekonk, Massachusetts, and Mr Wilbur, Fireman who had been recently employed, and whose rosidenco is unknown- The Engi neers had been cautioned agaimt the use of charcoal, but were incredulous at lo its fatal effects. New Yonii. Tho Star says, that sinca the great fire, but little more than I t months ago, 394 houses and stores h:vo been rebuilt, and occupied; 37 rebuilt, but not yet occupied ; 23 stores are rebuilding, but no! finished; 4.' lots are not yet built upon. The citv valuation of New York in 1313, was ab'iut g37,000 000. In I83G. it hod increased lo the enormous stun of $300,000,000. Nor has tho properly in the metropolis increased in greater ratio than that in other parts of the Slates. Distrk3.ii.nr CntME An examination of a woman, cm charge of shop lifting, louk place at New Bedford on Monday. Tho ro ail merchants had lost large quantities nf good-, n rid on Friday, as we learn from the New UedlorJ Mercury, a SheritYwent to the house of a Mr James Swift, with power to search the house fur a veil which one oflho dougiiters in the family had sto len. Ho entered tho dwelling and mado known his business, when tho family sol. emnly declared that there was no tuch piece ot goods in their posses-inn but on being assured by iho Sheriff that the thief was detected if it was nut forthwith given op, it was brought forward, delivered up, and nil cxpen.-es paid. The success in this induced other merchants to institute search for their goods. Accordingly, two Sheriff with power of warrant, proceeded lo tho liou-e about 9 o'clock on that evening, and commenced their searching operations, In the chambers were found sundry chests, trunks, nod drawers filled with new goods which had not yet been unfolded, and fruin which the private marks of t ho merchants from whom they were taker, have not been removed, The annunciation ofthe discov ery, on the following morning, called oil the merchants jn town to tho spot and from twenty to thirty of them recognized Iheir goods there. There was almost eve ry style of Dry Goods, together with shoe pin, crockery ware, &c, Sic, all of which had been taken by stealth from the conn, tcrs and shelves of the merchants and which cannot amount it; llio aggregate to less ihan one thousand dollars. But the worst of thu story is yet to bo told. The family have hitherto been con sidered poor but respectable and it woul? seem from the evidence that the principal pilferers woro iho mother and her youngest daughter, who had been taught to iako every thing that he could lay her hands on without detection from the stores yes, the mother had actually instructed her daughter in the business, going to iho shops with her, and showing her how lo steal ! Tho daughter, who is about 14 years of age, was used as Stale's evi dence, and the manner in which sho told her 6tory lo llio court left no doubt of its truth. Sho told whero nearly every arti cle came from. The punishment will prob ably full where it belongs upon tho mother who declares that she should never havo come lo this hut for her intemperance, in eating opium ! Maria Monk MtiriNa in Montreal. It is stated in the Montreal Counor of tho 2d inst., thai a public meeting is nboaVio bo called there, on tho subject oj, Maria Monlt'e real or pretended diaosures. The Cour ier says "The subject is really growing moro important than wo had conjectured it could evor tme become. "