Newspaper of The New York Herald, March 15, 1842, Page 2

Newspaper of The New York Herald dated March 15, 1842 Page 2
Text content (automatically generated)

NEW YORK HERALD.! Rrw York. Tuesday, March 15, IMS. Our Dincttlilw with England.?The Cn?? of the Creole ?The lllght of gcarch. It would be worst' than afTrctaliiiii to deny that i never, since immediately preceding the last war, have our relations with England assumed so unpleasant and no gloomy a prospect as they do at this moment. The firm and decided position taken by the British Minutter for Foreign Allaire, speaking tor the whole of tha government in his place in the House of I.irds on the night of the ltth of February, and the wr.rtnrwmr n! of nil lie saij bv the e> ?en law lords? the highest legtl authority of Great Britain?evidently prove that the British Government have made up their mindo in the matter of the Creole?involving, as it does the whole question of the right of earch, and that they are determined not to yield aa inch. And it is equally certain from the manner and tone of those law lord* that there was a concert o! action, and a previous understanding out ci the House ot Lords, among the whole of them, whigs and tone?, to sustain the Government in the position it has taken on this question- So that if a blow is ' struck between the two countries, it may be on account of the Creole negroes; about which thev think that the people of this country are divided, and in which event they also think they would have all the other powers af Europe with them. In this view, however, they are mistaken; because, however we may differ in sections about the abstract question of slavery, let but the war begin, and this country from the Maine Boaudury to the Sabine, and back to the .Rocky Mountains, would be united as one man; with the exception, perhaps, of a few miserable abolitionists who could not otferthe obstruction of a feather against a whirlw.nd. >VC have received so many gross insults from Great Britain?we have so many wrongs to redress in that quarter, that it would take but little to raise an universal cry of war throughout this natron within a month. And in the ?vrnt of a war, France would, judging from present appearances, take part with the United States- It is true that Louis I'htlippe may be inclined to sign the Treaty of the Five Powers, for the aggrandizement and perpetuation of European Monarchies, but in the face of the demonstrations made in the Chamber of Deputies, against such u step, we haraly think, brave as he is, that he will be bold and Razaidous enough to commit so rash an act; and ?ne which might result in his expulsion from the throne. "We were the first and only paper to give, imme lately on the arrival of the Clyde, an abstract ot the debate in the House of Lords; and on the outside oi "this day's paper, we give that debate in extenso. To the legal opinions there given we call attention, because in the first place they show the whole ground -which the British Government intends to take in the matter; and because many of the positions there .taken can easily be controverted; and others, shown 1o have no real bearing upon this case of the -Creole. It is not our intention to-day (for we have not apace) to go into a detailed analysis of the points raised; but as our opponents have quoted the opinions of Judge Story and other American jurists gainst as, we will quote the opinion of Lord Stowell, the most learned Admiralty Judge England ever had, against them. It was solemnly decided by Lord Stowell that the principle of the right of search could never be claimed as a right in time ot peace, and could only exist as a conventional arrangement; and yet Great Britain now claims this right as apart of the law of nations. She further insists that she has a right to carry out this so-called law to its fullest extent, she being the self-constitnted Marine JUtgh Coeutabl* of the ieor'd. Can insolence and ig noranee go further! Yes, they have! For the London Times?the organ of the British Government, as if speaking by uuthority, says that it is idle for the United States to complain against the exer cue ol this law, or to offer any opposition to its enforcement, became it has been established without her consent and in spite of her remonstrances ; and that if she chooses to resent it, she will suffer for i1; because, although she has tried a war with England single-handed, yet that a war between the United States on the one haud, and all Europe on the other, would be an astonishing novelty to this country. "Ws admit the fact- It would be a novelty; so great a novelty that we doubt very much If any of the editors ol the " London Times" will ever live to see it. But now let msec what is the precise language held by Lord Stowell upon this new fangled claim to the right of search in time of peace. In deciding upon the case of a French vessel, seized upon ihe coast of Africa, he expressly eajs that such a right teas unknown to the taw of nation$, and here are hta prestse words :? No nation can exercise a right of visitation and search wpon the common and unappropriated parts of the Ocean, escept upon the belli<eretu claim. No natiou has the right to force their way, for the liberation ol Africa, by trampling upon the independence of other states, on the pretence of an vmiarnt good, by means that ara unlawful, or to press forward to a gieat principle, iy hrraking tkrtugk olhtr grtmt principle,whick itand in their iray. Such language from one of the moat eminent jurists that Ejgland ever had, should not now be bghily set at nought by the ruling powers of England ; for Lord S.owell was not the tnan, by his de ckhtiuo, iv tkain^i iv icmi?iu ui icscrn me nmra* time power of Great Biitaiu. In the case of Le Louis, the question came up explicitly,' and turned upon the right of an Eugltsh vessel of war to detain a Teasel bearing the French flag, and examine her Here again, we have the following explicit decision of Lord Stowell :? It is said that every country has a right to enforce its own uarigation laws ; and ao it certainty has, ao far a? it does not interfere with the rights of others It has a right ts see that itsown vessels are duly navigated, but it baa no right in consequence to visit ond search all the apparent vessels of other countries on the high seas, in order to insulate an inquiry whether they are not,in truth British Teasels violating British laws. No sach right has aver been claimed, nor can it be exercised without the oppr.aai >n of interrupting and harrassing the real and lawful navigation of othar countries. It is no objection to say that British ships may thus by disguise elude the obligations of British law. The answer of the foreigner is ready?that you bare no right to provide against that inconvenience by imposing a burthen upon his navigation. Such, unquestionably, is the'only just and true law of nations upon this subject; such is the only decision which common sense end common honeaty could possibly arrive at. The right of teurch by Ibia country can never?will never be conceded by the United Sutra, while a timber of her navy, or a rag ?f her bunt 04 (as Lord i'slmerston facetiously calls it) tl rata upon the ocean. And that ofticei of the Bnttah Navy, who nttempu to enforce this preposterous claim, does to at hi* peril. As we have given the opinion of a justly eminent English jurist upon this perplexing point, we may aa well give also the opinion of the master spirit of the British Cabinet?the Duke of Wellington?upon tfaa aame question. In his place in the House oi Lords, no longer ago than the 15 h of August, 1839, h e said in relation to this v ry qi ration:? "It *11 well known, that with the U. States we had no convention ; there were indeed angagerornii, made by diplomatic notes, hut nothing went to show the least dia position on their part to permit the right of detention and the search of p<p n , an I if there wtt one point, mora to be avoided than another, it was tbai relating to the visitation of ve?i?l?, belonging to the Union. He warned government not to proceed, t tit rather to iiaur an eMer in council or a declaration of war." At the same time and place, a similar, or even stronger opinion 00 the auhject was given by I?rd Brougham. And as the former warned the British <1 jrcrnment not to proceed then, ao we warn them, ot to proceed now. Those who do ?0, do it, we repeat, at their petti. But oil this part of the subject wr cannoi ciooeii. r Unn give the following new 01 the matter taken by (Jen. Caw, in the pamihlet, which he recently published (in Paris, and to the ?liect of which is attributed < le'y the opposition in the Chamber of Deputies to the atoning of the Treaty of the fire powers- Spiking of what is desired and demanded by the United S atrs, he aay*? They Jo not deny to the cruisers of sll the powers of th i earth, the njht to enter and search each the vessels of their own countrj , iDdtf every other country, which may concede the privih ge , though the flag of the Uni led Statu may fly at ail their malt heads, flat they do deny the right of any such cruiser to search their trs sell, and here lte? the root of the whole matter. Certainly, if a B itlxh or Freoch frigate encounters a veaacl at sea. which u most assuredly a British or a French reatel, endeavoring to conceal her nationality, under the American flag, such frigate is jusUflod in boarding her, and in disposing of het, as the laws of her country m i) provide. Uut this is done at the risk of the boarding ship II the result ptoses, that the suspicion was well lo'iuded.tbeu the commanding officer will be scathbur He will have done hit duty to hit own government, and no injury to another. But if he haa suffered himaelf to be deceived, then he has violated the rights of a foreigo power, and his sovereign must be responsible lor the consequences. He may still have done his duty to bu own government. That will depend upon the strength nftfc. ..-hi* I. Urn arte,! Hut he h?s committed en injury agwintt another, and for that injury atonement may be demanded. Again, io coming to the practical enforcement 01 the general principles mentioned above, he uses the following simple but souud argument, and whiwh,to our thinking, embraces the whole of the important question at issue :? A British officer meets a retael bearing an American flag, but which he bus the strongest reasons to ausprct to b? British and engaged in the slave trade. He boards her, conducts himself with perfeot propriety, ascertains his error, and retires, without committing any injury. Ho is a trespasser, but no government woalJ ever think of complaining in such a case. A perpetual right to stop, to search and to seise is one thing. A casual act oftroapass, conceded to be such, excused by peculiar circumstances, and immediately acknowledged and atoned for, is another. The latter may be pardoned. The former is intolerable. With throe remarks we are compelled reluctantly to diomito the subject today. A tew hours, at th" farthest, will bring us intelligence of the action of Congress upon this whole matter,and probably of the course intended to be pursed by our government And a few days will bring us the British Minister, with his instructions on tha subject. Till theu, it is worse than childish to indulge in any idle declamation or ferocions bombast about the business. , It is an awfully solemn matter. The two greatest nations of the earth are arrayed against each other with frowning fronts. Each has takeu up a position from which neither will yield- Eich has become renowned in ihe world for deeds of bravery in war ?of glory in peace?for feats of genius, and labors of love, charity and religion. Each can aflord to yield much, and yet have ns stain rest upon its ho' nor. A hundred thousand ties of common interest and feeling bind together the two nations in a broad and holy bond. They have the same laws, the same institutions, the same pursuits, and above all they sPeak the same lime-honored language. Their children are united by marriage?the dust t f their dead are intermingled with the soil of each country ?their common ancestors have one common resting place. God in his mercy keep back the day when these two nations imbrue their hands in each other's blood; but still, as we have the same spirit that animates the hearts of Englishmen, we will never submit to a wrong; and though we may be crushed to the earth, we never can be branded with dishonor. Cos* of lUe Creole?Tile Opinio a of Judge Joy. We have only space to-doy to call attention to the following extraordinary document, which we find paraded in all the leading London journals:? Extract of letter from Judge Jay to Joseph Sturge, dated New York, Jan. 6,1841.?You will have heard before you leceive this,of the affair of the Creole, one of our coastiug slavers- She left Virginia for New Orleans tbalsstoi October, with a cargout 136 stares; while on the voyage tho slaves, or s poiuon of thsm, rose on the craw, and after a alight struggle, became maitera or the reiieJ. Thara were twelve white men, and only one waa killed. Toe wounded, including the captain, were humanely treated by the negroea, who dretsed their wouoda. The Teasel waa carried into Naaaau, where all the alavea were liberated, except nineteen concerned in the " mutiny," who were confined by the authoritiea to await the orderr of the heme government Our alaveholdera are in great wrath, and mean, if posaible, to terrify your government into a surrender of the nineteen murderers, that they may be auapended from southern gibbets in hi rtrtm. They will no doubt be de. mauded in peremptory terms by ourministtr in London. In my opinion, this surrender would be moet disgraceful to Great Britain, most cruel, wicked, and pusillanimous. Admitting them to be murderers, by what law is your government authorised to surrender to the United States nineteen human beings to be put to death T The law of nations does not require it We made a treaty with you in 1*94, by which each party agreed to surrender murderers, but that treaty expired, and since then we have refused to surrender murderers at the request of your government, as, for instance, in the case of the two Baruebeea, who fled to this country from Ireland; and in the case of one Holmes, who oommitted a very atrocious murder in Canada. Also, in the caseol the Amistad negroes, we lefused to surrender the alleged murderer* to the Spanish minister. If you cannot surrender them as murderers, can you as fugitive ilavttl If you surrender these men, on what plea can you afford protection to the 12,009 tegiiivea in Canada? Have we a right to claim favors we do not reciprocate? There is no law authorising the surrender of n foreign fugitive and eo lar have we been hitherto from claiming the surrender by you of fugitive* as a right .that we once offered to agree to surrender all fugitives Irons your West India islands, provided and on condi'ion that you would bind yourselves by treaty to surrender such slaves as might flee to Canada. I mention these facts that you may see that the claim we shall prefer for the surrender of the Creole negroes is as contrary to international law as it is to the law of Almighty God- There is not one cf the slave-holders who are dow tliiriUDglortan Mood ol tbeie negroen, ? no woma in limiUr circumtuucti hsve scrupled to take human )if?. Do lot your government au t people umlerttanl the true itote 11 the ca?e. 1 uo hope ) our ministry will listen to the dictates of justice, humanity, and national honor. The Pontic School Questics ?A meeting is to be held in the Park to-morrow afternoon, in relation to the proposed change in the 9chocl system ? Let every one keep cool. A long airing of names has been published in a paper called the Standard. Upon examination we find that but very few cf them are of the locoioco party, not more than one in fifty. They cannot, therefore, be considered as any evidence of the opini ins of the locofocoe on this subject. Again, we say, keep cool. Sacked Drama To wiqht.? The Grand Sacred Oratorio of the Messiah, the greatest effort of Handel, will be performed to night by the New York Sacred Music Society, at the Tabernacle. We cannot speak of this great drama in too strong terms of praise. We advise every person to hear it, for every part will be well sustained. The chorus consists of upwards of two hundred and fifty, male and female, vocal and instrumental performers. Mail it the Ste amers?All newspapers to go by any of the West India Mail Steamers must be put up and directed separately, each by ttself, in a cover open at the sides, and there mast be no word or communication printed or written, nor any marks either upon the paper, or upon the cover, except the name and address of the person to whom sent; nor must nny paper, or thing, be enclosed 111 or wnh such paper. Mahriaoki.?a recent decision in the Irish Queen's Bench has spread the utmost coneter nation throughout the north of Ireland. In the case or a man who had been convicted of bigamy, his counsel raised the point that the first marriage was invul-d, aa having been performed by a Presbyterian clergyman between an Episcopalian and a Presbyterian Eight of the ten judges decided in favor of ihe prisoner, and he was discharged accordingly. Aa the operation of this decision is retrospective as well as perspective, the sensation it has created may be readily imagined to be extraordinary. The Presbyteries population.of Ireland ia upwards of 600,000, and such manisgas were of frequent occurrence, especially amongst the higher classes. Siboula*.?on the ni^ht that we were all alive hare wuh frolic ar.d fun, as gay and happy aa if we had no care-Uie ni^ht of the Boa Bj|l-Feb. 14th, thai 8 ime niuht the \i i .u? ? miuidWJ auu mt ?? **? Law Lord* of Grew Britain were deciding a malter in the Houae of Lord* that may possibly involve the two countries in a lone war. Bnitiih Movxmests i* Arnica.?It is stated in the New Orleans Bulletin of 2N h ult ,ihat the Captain Oeneral of Cuba had issued orders for the ex animation of every estate oa the island, with a view to the confiscation of all slaves who shall be found heiean, introduced contrary to the ciecreeaof Spa n, forbidding the slave trade. Somewhat of a sper-al ?diCtfrom Fngland. See the letter of the Minister ia Spam to that govern ueut published a ftw daya ago. a olascb at Arnica.?J he U. s sloop of w?t V indil a hu been ordered to the coast of Africa. LMkfMt I C?trc*pon<UBM ?r Mm HertJd } Locxfort, March 11,1M2. TV UtitoMe of Ho fan?Hi* Return to Canada?7 V Pritit CotltUo? Ht Rtfu*** to Lio* with kit ti'\/e Dear Sir :? I ww bjr your last papers that yoa were still in the dark in regard to the fate of Hogan, the "Lockpcrt Hero;" as the newspapers here are published weekly, news is slow in getting eastward Irom the corner of the State. Hngan was released after some considerable excitement among the Patriots and sympaihz.-rsof this and the adjoining towns, some ten or twelve hundred of whom assembled in hot haste to avenge the death oi'Durfee and his compatriots; he |T3s taken from the Court room to the E igle tavern, where he was kept until 2 o'clock in the morning, and then hurriedly sent to Lewistown, and across the river into Canada, which province he will not be likely to leave again ia baste, and least of all ta boast of bis participating in the destruction of ale am er Caroline, Arc. I wrote you last week respecting Priest Costello*' marriage. The excitement still continues, and the mean, dastardly conduct of the Rev. gentleman aids in keeping it up On Wednesday last hia wife, a very interesting young lady, returned to him irom Rochester, ana he had the gallantry to discard her, and refused to live with her any more; her counsel has secured for her a share of the (spoils, or) uiooey deposited in the bank by Priest Costello. This Rev. gentleman will soon learn that even Catholic Priests are amenable to the laws of Protestant cou itiiea, however lightly they may regard their obligations to their own Church: the laws, however, must be obeyed, and a community as excitable as that of Lochport, wiil not quietly (however secretly it may h .ve been done) allow one of its finest flower* to be plucked and carelessly thrown aeide, when it no lenger pleases its fastidious possessor The Purishoners have taken the Robes of the Priest and Church furniture into their own keeping; ihe result of all this cannot be predicted, but as matters progress, or should anything transpire in this part of the country, worthy of communicating (if you wish) I will inform you of them at the earliest moment.? Who married Priest Costellol Yours, Srooies. Harrlsburg. [ Correspondence ef the Herald.| Ha*ri?bvi;o, March 12,1812. Final Dirporitiun of the Bill to Retume Specie I'ay mente?The Johnson Movement, <J*c. Mi. Bswhxtt,? The die ia bow caat. The Governor to day returned to the House, with hia approral, of the bill providing for a reiumption of apeeie payment?. It ia bow the law of the la> d, and by it we, aa well as the banka, mut abide. It ia spoken of by some as unconstitutional, because it triflingly conflicts with former laws, which were evidently more unconstitutional than this. What its effects upon the community will be, remainato be seea. The bill is regarded by a majority as a panacea for all our ills ?the siimmusi bonum of our wishes. It is made up of some good provisions, some indifferent, or, in other worda, as the poet has it? " Some good, some bad, seme neither one nor t'other." I understand it is the desire of the Executive and his friends now to induce the non-accepting banks of last year to come forward and take the amount still remaining unsubscribed, under that act Out of the loan of $3,000,000 authorised by that Act, but about $1,700,000 have been subscribed, and it ia proposed, should the remainder be subscribed by thenon-aeeepting or the other banks, to expend it in the payment of the domestic creditors. It has been contradicted by the|"Keystone" that overtures had been made to the Erie Bank fer her to makeau additional issue; but notwithstanding the contradiction, it is strictly true, to the very letter. The recent Johnson movement in this place, is beginning to be regarded as " von grand humboog " XT n I ted States District Court. Before Judge Betts. Mabch 14.?Relative to the objections in the ease of Levi Dodge, the Court observed that the principal one was on account of his not having stated whether or not the firms with which he had been connected, were solvent or otherwise. This is no bar to a decree. It is sufficient that the party speaks as to his own situation, without alluding to tbat of others. Otis P. Jewett has been opposed on the ground, chiefly* that he had not made a perfect statement of his affairs. Inanswerte this, it had been contended that he did so to the best of his ability. This the Court held to be sufficient to satisfy the law in (mtlig tH nm decree, ate roe 01 ninmpicj. lfuj thing wrong it discovered, it will operate to hi* prejudice afterwards. The Court was not yet ready to give its views respeeting jewellery belonging to a wife, or a nan's watch and chain, chimed as a portion of bis wearing apparel, urged in the ease of Kksos. A decision will be given this forenoon. It has been decided that the long, or seventy day notices must be published in this city daily instead of once or twice a week, as had been suggested by counsel. Nineteen petitions passed to the nsnal decree. Those of John Newnssn, James Bradley, and Senior M. Giddings, were objected to. No one appeared ia respect to thr se of Thomas Nelson and Samuel T. Hubbard; and Calvin Anglers' was postponed to Friday next. Court of Common Pleas, Before Judge Ulshoi HerMabch 14 ?David Higgint vs. Ihomu* J. JVatkin*.?Stand'r?The plaintiff, who is a ship broker, obtained a man at the establishment fef defendant, (whn is keeper of a seaman's boarding hon-e at No. 67 Cherry street,) to ship on board the St. Claud, for New Orleans. He was to pay Watkins $15 advance on account of this man. The defendant, it is asserted, went several times for the mosey, without success, and, one day, being angrv, said that Higgias was a swindler and a thief It was bad enough to "do" such words before s man's face, but to assert them behind bis bock, and in presence of his own people, ton, was a little too had So thought the plaintiff, and, consequently, he brought this aetion, laying his damigss at $2 000. On the part of the plaintiff, it was contended that there was an unsettled affair between them, and ha had a right to retain the $15, and that defeadant had no oausr, either, in fact or fancy, to dub him the eogaomens he did The witnesses for defendant, on the other hand, made it very doubtful whether or not he used the words aseribed to him The jury gave a verdict for plain tiffof $85. Far plniatiff,Messrs. H. W. Channing and N F, Bloat. For defendant, Messrs Burr and Benedict. Superior Court. Before Judaea Jones. Oakley and Tallmadire. Deciaiose ?Richard Murhovey ri. Elizabeth Castillo.?Judgment affirmed. John Blake n Gilbert f.ambcrt ?Thia wai an action broaght by defendant in thi Court below, relative to aaloona in the Park Theatre, in whieh he waa aueeeaaful, but the judgment was appealed from. Judgment reverted Charles Rhode* va. Jeremiah Bailey.?Judgment reveraed aa te damage* and affirmed aato coat*. Daniel M Vanderpool va. Alexander M* Coster.? J udgment affirmed. Joe. IV. Hancock va. Mayor, Ire.?Thia waa an appeal from a penalty judgment for bringing the ateambont Napoleon into a dock eoatiary to law, aha not being a market boat. Judgment affirmed. Richard Sims va. Nancy Robinson ?Judgment affirmed. Thia waa the firat day for jury triala in the 1 term. After argumenta aome heavy inqueata were i taken, vis : Receiver Commercial Bank va. George D. Strong, aa executor, survivor. Ire ?Notea for $30,997, $20, 988 and #d,636? in all #5i,62l. Verdict for plaintifl. ' Bankrupt Lilt. SOUTHERN DISTRICT Or NEW YORK. Win T Salter, of the Arm of T S liter k Co. N>?w York to be declared bankrupt April IS; 7.-an Wheeler, do 14 John J Young, (late of St. Louie,) do, April 'A4; Belt Brown, do, I4lh. Chatham TuBATan ?Thorne has really fur passed himself in the production of the admirec piece ol tauatui. 1 he scenery m miljr magniheent particularly the rapid and beautiful magic changei throughUhe agency of the "dainty spirit," Mephie topheles. The honae waa crowded last evening being the firat of the production of the piece, whiel is O be repeated thia evening, accompanied with the aughable farce of " la He Jealous," and the never tiring play of the *' Golden Farmer" H raise?The river at Cincinnati at the last ac counta. Thi Para.?The steam frigate Mississippi sailed from Norfolk on the 10th inst. for this port. Whei aie arrives we shall have in car baibor two of the beat war steamera afloat. l"caca*t or Richb*.?Th * packet ship Westmin'"r sailed from Portsmouth, Kngland, on the 17ih nit. with sixty emigrants, sgrieuhnral labors and t cii ramilii s. ONr l??MHwil. Mar Mwinu ?A laboring man named Peter Ri* 'ey, who haa boen recently engaged in the corporation yard, haa been missing from hia family, who reaide at No- 131 Eaat Broadway, since Wednesday laat He waa seen at the corner of Division and Mulberry atresia, on the above evening, about nine, o'clock, since which time he haa cot been beard from- He waadressed in a blue Irork coat, with a white fur hat, and has left a large family in great distress for his absence. Death from Old Aot?The Coroner waa called yeiterday to hold an inquest oa the body of a colored man named Joseph Wil.iamaon, who had died from old age- He waa a native of Long Island, and had reaeh-d his 80th year. The inquest waa held at No. 11 Mulbeny atreet, and the Jury returned a verdict as above. Race A^airst Time.?The hands on the several dials of the City Hall Clock commenced a race against time yesterday morning At six o'clock last evening.ihoae fronting the Park theatre were ten minutea ahead, and still gaining. Bets to a large amount are pending aa to the result at the expiration af 43 hoars. We bet on the oce now ahead. General Sessions. Before his Hoser Recorder Tallm&dge, Jadges Noah and Lynch,and Alderuaen Lee nod Benson. I Wm. Shaler, Esq , Acting District Atteraey March 14 ?In 'the east of Thomu Heard and i.L-? -u _:,k ..n:.. s.. i. v. KJlOf ec ClrtKT *, VU??U?U wun Ul? w IUC tional Theatre, Thomas J. Smith, Esq their caun el, appeared in court and applied for a trial, as hi* client wifhed to meet aa investigation in order to establish their innocence The Court replied, that on metion of the District Attorney, they had been discharged fiom their recognizances, as nothing had appeared before the court to implicate them in any way ia the transactionTiial for aid Battery.?James Kelly, Jane Kelly, and Catherine Henderson, were then tiied for an alleged assault aad lattery on Robert 8. Collins. of 81 Catherine street, on tne 25th of May last. From the evidence of defence, it appeared that the assault was produced from slanderous statements made by the plaintiff Collins, against the reputation of a daughter of Mrs. Kelly, for which he had been fined $259 in the Court of Common Pleas. The jury very properly found a verdict of not guilty, ana should bare concpelled the prosecutor To pay the costs of suit. Trial for Stealing1 a Copper Sugar Pan ?Tyler Jacochs, impleaded with Jacob Abrahams, indicted for stealing a copper sugar pan on the 14th of January last, from Abner Mills, of No 52 Avenue D, was then tried. The prosecution proved the loss of the copper vessel by the owner, and also by Mr. Smith, or Water street, that the copper was sold to him by the prisoner in company with another parson. They represented that they hadfound it sunk in the Bast River. The copper was eut up ia small pieces, and weighed 310 pounds, for which Smith paid them 15 cents per pound, making $45,56. The defence was conducted by M. Van Hovenburg, Esq., but the case presented so strong a front on the part of the prosecution, that the jury immediately returned a verdict of guilty of grand larceny, ana the court sentenced him to five yesrs imprisonment in the states prison. Abrahams will betried on Wednesday Burglary in the Second Degree ?A colored boy named Edward Smith, waa tried for entering the store and dwelling house of Timothy Nolan, No. 215 Lewis street, on the 2lth ef February last, and stealing therefrom a fowling piece, desk, $5 in meney,aud a number of other small articles. He Via ftrr**fit#f) kt torn wi( in th? vlflnitv f? vr minutes after he bed stolen the goods, which were found in his possession. One of the basement window shutters was found forced open, through which he had made bis ingress and egress. The prisoner was defended bjr P- B Manchester, Esq. and the jury, after an absence of an hour, returned into eourt and stated that they could not agree, and were discharged on account of the sickness of one of their number. 2 Yial for Grand I Mr coxy.?Henry Thomas and Lycurgue Staples, two young men, were tried for grand larceny, in stealing from ihe store of Joseph L Sandferd, biscuit baker, 154 South street, $441 in bank notes and silver, on the 4th of February last. Thomas had recently married the sister of Staples and induced Staples to commit the crime. He bad been in the partial employ of Mr. Saadford as a cart man in the absence of one who had been engaged. It was proved by the confession of Staples that he had opened the office door previous to closing for the night; that he let Thomas into the store and then locked the door, when the iron safe was broken open and the money stolen. The money was found by the confession of Thomas, in the jatd of the hoase where Thomas and Staples resided, covered up under some rubbish. The defence was conducted by T. J. Smith, Etq who m;ide an eloquent and feeling appeal to the sympathies of the jurors, having no evidence to sustain his clients. The jury, under the charge of the Recorder, relumed a verdict of not guilty in the ease ef Staples, but found Thomas guilty of grand larceny and recommended him to the mercy of the court. Pickpocketing and Grand Larceny.?A bey named William Lynn, was tried on an alleged enarge 01 stealing inree aoien goia rings liom the pocket of Joseph Oliver, on the night of the 24th of February, at the oyster cellar kept by William H. Muuger, at the northwest corner of Pearl and Centre street*-, under Monroe Hall. The prisouer is one of the numerous gang of lazy mischievous boys who loiter about these places of resort with oat home or business, except eueh as an idle brain will engender. He was defended by M. Van Ho veabcrg, Ksq , who succeeded in obtaining a verdict of net guilty for hie client IVialtor A?taut and Battery.? facnb K ever, a shoemaker by trade, a fiddler by profession, and a porter house keeper by business, was tried far an aggravated assault and battery committed on Jobu 11. Griler, a contractor, on Christmas day, at a porter he use in Stanton street. The prosecution proved that Griler was so severely injured that he was confined to the house lor nearly three weeks, that bis collar bone was broken, and that he was olhtrwise so beaten as to be unable to attend to his basincssfor maay weeks. The defence was conduct* d by James T. Brady, Esq , and from the evidence offered it was shown that Kiever asked Griler to drink three or four times and finally some dispute arose between them when they both elinehed and Griler fell underneath They both diank together afterwards and separated in a friendly manner. The Jnry returned a verdict of net guilty, and the Court adjvuraed to 11 o'clock this morning. Forfiiled HeeogiUzimeee ? Wm C. Kimmell,charged with bigamy in marrying Aletta Maria Dean, on Ihe illst of November last, while his previous wife Jane Slessor, wes living, not appearing in eourt hie recognizances were forfeited Lewis] McDonald. indicted for netit laresnv in stMlin* 13n pounds of butter, from James Phelan, 511 Grand street. William Reed, for stealing a lire sow from Thomas Delaa, 10 Caroline sireet Thomas Lester, William Fori hay, Dennis Ryer and Moses Kyer, for an assault and battery on James Dough ertj , brick layer. William Wilson, for assaulting ana stabbiog James Grace Sebastian Rufen for beating Adam Brush. William Potts and Savin Brown for beating Watson Van Benthuysen, one o| the Inspectors of the Customs. Common Comnell. Bo sen or AioanMtif.?Monday, March 14 ? Alderman LxfKARD in (he chair, president pro ttm. A communication wm received frcm the Mayor, enclosing an application from Mr. Wright, to enclose a certain portion of the Park to be used as *n arcade and a public garden. Also, relative to an alteration of the present quarantine laws, as now proprsed iu the legislature. Also, a communication from the Council of Uudaon, returning their acceptance of a copy of the ordinances of this city. Thn joint committee oe fire and water, to whom was referred ihe divi.-ion of the city into three separate fire districs, reported in favor of such an object, and recommended that the firemen It cated in each district be exempted from leaving their dis, trict in cases of fire, except in great emergency, when noiice shall be given to that effect. They further recommend the erection of a bell and cupola on the llalls of Justice, in Centre street, as fol lowsThe first district to comprise all ihat part ol the city north of a line from the foot of N Moore street to the Halls ot Justice, thence west of a line through Lafayette and Irving Places- The sreone to comprise that part lying east of the first and nortli of a line running from the Halls ot Justice to the ' foot of Roosevelt street. The third all that portion | south of the first and secood districts The repor and resolutions were adosted, and the sum of S80tX appropriated to construct the cupola on the Tombs, and furnish it with a bell. | According to Ihta plan the firet or western district will contain eleven engines, ten hose carriages, tw< > hook and ladder trucks, with companies attached t< ' each. The second or east district will contain faur teen engines, fifteen hoae carriages, and two hool and ladder companies The third or lower diatric ' will contain twelve engines, two of which are nin< 1 inch and one ten incy cylinders, ten hose carriage! and two hook and ladder trucks. In favor ol amending the ordinance concerninf the accountability of public officers, and compellini those concerned in the collection of the public re venue, to be moat prompt in payment to the citj chamberlain. In favor of petitioaiag the legislature to allow th< anetion duties paid by this city, to be devoted t< 1 the support of the poor of our cityt In lavor of applying to the legislature 10 repea the law giving the power of marine insurance csrn panies to commote their tax when their income doe not exceed five per cent In favor of applying 10 the legidature to niter th< time of collecting the taxes of this city, and also o making the assessments. The time of complettni (he as-efomr nt in fixed on or before the 20th day o August, and a copy to be made out. That th< b?<tae*>all bo ho* open tar nwWnm* Ami tfco 20th of Augurt to the 10.h of September. The aomm meat roll lobe delivered to the comptroller 01 r before the lot of October. All taxes not paid oa the SOih of Noveaber, to be charged oae per coat additional, aad an additional one per cent on all moaeys unpaid oo the laatday of each moath between the nionih of November and the time prescribed by law for the collectors to make thetr returns. Ia favor of applying to th legislature to pass a law to prevent persona assessed from altering the rale of a?essment by making an affidavit aa to its value. After considerable debate the reeolutioa wss Uid oa the table for the present. xnc committee on street* reported in favor of calling (bat part Barrow street, between McDougal and Grove streets, " West Washington Place"? Adopted. The cossmittee to whom was referred the collection of the eitv revenue, reported in iavor of compelling the collector to pay over all moneys in his possession event two weeks, and also to report every four months the names of persons neglecting to pay moneys due the city. The committee on lsws reported in favor of reducing the fees of the coroner to 92000 per sonant, exclusive of clerk hire sod incidentsl expenses.? An application is to be made to the legislature to that effect. The clsrk will be appointed by the Common Council. The law is not to take effect until after the expiration of the term of the present incumbent. The street committee, to whom was referred the paving of a walk four Jeet wide, in Seventh avenue, between Seventeenth and Twenty-first streets, reported in favor, with an ordinance, which was adopted. The committee, to whom was referred tha application of Joseph E- Coffee, fur the use of the south side of Heboken street pier for the use of the Bull's Head Ferry and Fort Lee steamboats, for seven years from the 15th of May, 1841, waa concurred in as presented by the Board of Assistants. The report in favor of paving 9th avenue, between 28th and 36ih streets, and gravelling it between 36th mnrl A9A afr?s*ffl nivrl antlinrt oitvh ?'?*?"* was adopted with an ordinance. In favor of re-numbering John street, by the superintendent of repairs, under direction of the street somas issionerThe Finance Committee reported in favor of releasing to Alired Barmore the North Battery, for the term ot five years, at $2000 per annum. After considerable debate, the whole subject was laid on the table. The Committee on Markets, to whom was referred the leasing of the cellars under Fulton market to the present occupants, was concurred in. The report of the committee relative to a re-organizatioa of the several wards, in order to make an equal representation in the Common Council, was tnen called up, and after much debate, laid upon the table and ordered to be printed. The report and resolution leasing to the colored Orphan Asylum, a lot of ground between 43d and 44'h street, and Fifth and Sixth avenaes, on conditions that they support twelve pauper children belonging to the city of New York. The ordinance reorganizing the Fire Department, ns previously noticed, was then called up. Tne office of Water Purveyor was abolished, and alter the passage ot several of the sections, was referred hack for some alterations. The salary of the Chief Eueineer was fixed at $1,#00, to tak? effect from January 1,1842. The Board then adjourned to Monday nsxt. Board op Assistant Aldermen. March 14.? Among the petitions presented and referred, were the following:?Of A. D Patcbun, aad others, to have the name of Greenwich lane changed to Union street. Of John Jacob Astor, to have the 7th Avenue regulated. Reports Adopted?In favor of correcting tax oa A. Bell, Win. S. Deverna, B. Townsend, Alfred Wagstaff, Hiram Curtis, Thomas Walker, Wm. C. Jones, W. W. Niles, J. Jar vis. James P. Swain, H. C. Shumway, N B- Lane, Salmon S Mead. Ad verse 10 correcting tax on waiter a. ixreen, Mrs. Susannah Jenkins, M. S. Blackstone, John Herdman, and Peter BrownIn favor of selling a Int on the corner of Leonard and Elm streets, to Aaron B. Heath, for #4,600 In iavor of authorising the Comptroller to effect the usual temporary loans in anticipation of the taxes. In favor of renewing lease of pier at the foot of Warren street to T. Powell, for the Newburgh market and tow boats, at $2,100 per yearIn favor of paying Henry Marsh $4,000 for his right, title, and interest in property owned by him at Castle GardenMr. Shales wished it to be laid on the table and printed. Mr- Davis?The improvements have rendered the property valuable, and it leta now for much more than he paid for it. Mr- Shales?I only seek information, $4000 appears to be a good deal of money. Mr. Watiwa*?I do not think the amount too high. Mr. Marak erected the bnildioge, and ako tho temporary woodwork. Mr. Mcrthv?The body of the improvement were pst up when Lafayette was here, some 15 or 13 years sgo. Mr. Marsh has had a very favorable lease. I hope the report will be printed ?Carried. In favorofhaving platform scales at the junction of Houston and Second atreets^for the weighing oi hay?concurring with other Board.?Adopted. Advene to concurring with the other Board in allowing an nction to be brought by the corporation in the namea of John Doe and Richard Roe, where a defendant is unknown Mr. Ramson?f move a concurrence with the Board of Aldermen. Mr. Watesmak showed the danger of arming an officer with such a writ Innocent men would be dragged up, tae mistake might be rectified, but the officer would softer no inconvenience. It might open the door to oppression and false arrest*, and the injury would mach more than countetbalance any good that could be obtained. He moved to sua tain the report for noc-coacurrence?Non-concurred. In favor of dividiog the city into four districts for Wa d Courts instead of five, and recommending that the Legislature be petitioaed to extend then jurisdiction ts $100. Mr M.. = Am #k? nolio* .1 sain*; matter, i move that it lay on the table. Mr. Watmm an?The police bill may not be paved. It is well known what dilficaliy and expense is caused by compelling men to carry causes btween $50 and $100 to a court of record. I hope this case will be presented on its own merits.?Concurred in. Adverse to concurring with the Board of Aldermen m carrying the case. Morris vs. Khinelander, from the 7ih, 10th and 13tn wards, to a higher court. ?Adopted. A petition from Elian H. Warner, in prison on a judgment for selling fresh meat, and praying for hie discharge on hia promising to desist from committing the crime hereafter, wan referred, with power In favor of concurring to pay John Hillyer $84 for acting as Street Inspector. Mr. Bbukdict?1 would ask if Mr. Hillyer hat paid over the moneys he had collected on behalf ul the city. 1 hope the report will lie on the table, j do not aay he has not. Mr. Shalks?Mr. Hillyer was Sheriff of this county, but through losses, has been willing to take thin little pittance of $2 a day in order to maintain his family. 1 hope it will not be laid on the table.? Unanimously concurred inSeveral papers relative to coirection of tax were received from the other Board, and referred. Several assessments for opening street?, Arc. were disposed of. A petition was received from James M. Shardlow ask in? to be restored to the fire department, Mr. Batons moved that it be referred to a specia t nmt VVUIIUM'- V "V... Mr Whd moved that he have leave to withdrau hi? petition ?Carried. la favor of concurring with the other board in pe titioning the Legislature |Q restore the auction tat fund to this city, the proceeds to be appli?d to ib< payment ol the Croton aqueduct?Adopted. A report was received from the other Board it favor of imposing the penalty of one per cent on tlx ! 90th of November instead of February, and one pe : cent for each mentb thereafter, and requiring th< books to be closed at nn earlier period than now. i Mr Davis?This contemplates a change in tb< I time of collecting taxes. Were the taxeslijh', 01 i money matters easy, I would be willing to advocati i a change. The D urtbea on the people is alreadt i heavy, and this collecting the taxes two or thre< t months earlier than common, will render it stil I mors oppressive. Mr Bknxdict?1 think it will be nn improvement collecting taxes within the year for which they art 1 assessed ? Concurred in. > A report Irom the Clerk of the Sessions relative tc > amount of Bneu in the last six years. Laid on the table t# be printedi On motion of Mr. Dodge, a recess of 30 minute ( wan taken' In favor of applying for a law preventing Marim * insurance companies trom commuting when thei profi-a were aot over 5 per ceat. Concurred in. t la favor of changing name of Barrow street, be ( tween Washington square mod Orove street, to Wei Washington place. Concurred in. ' A Communication was received from the Mayor ^ approving of sundry ordinances, and ordered ot 3 In favor of concurring with the other Board ii en'pending work on the high bridge over the Hit 1 lent river, except so far as will be necessary n bringing the water over. Concurred in. A resolution to negoomte wnh the cnntrac'ora fo the settlement af any difficulties that may exist, wa r a so adopted ' A motion, by Mri Murphy, to take op the quel ? tion of n special police, was loot; but was msde lb ' ."peciai order for Wednesday evening next, to wbtci c ituic the Board adjourned. POSTSCRIPT. WMklKgtM. tCwilH)?Sauce rf tlM HaraM.] WAinnsfts, March 12, ISA. Hwn of Rc|?nrBt?llTei. Thie day ?h devoted to the private calendar ia the House of Representatives, to which very few members paid any attention. The House disposed of the question of concurrence with the committee of the whole in some private bills, which the House in committer had heretofore acted upon. It was then proposed to go into committee of the whole, lor ine purpose ot proceeding with the remaining private bills, bat Mr. Barnard asked the mover to vithdraw the motion to allow him to report an important bill from the committee on the judiciary, in relation to the summoning and attendance of witnesses and jurors in the courts r f the United States. He explained that it was indispensably necessary that this bill should b? passed immediately, etherwise the District Court of the United States for the State of Pennsylvania, would be unable to set. This appeal was unavailing: the motion was not withdrawn, and on the question being put there worn ayes 47, noes 48, majority one ! This was 28 leas than a quorum, and a motion was made to adjourn, on which the ayes and nays were called for and ordered, and then the motion was withdrawn. Tellers were neat demanded and ordered on the motion t* go into committee of the whole on the privatn calendar, but before they could take the vote, the motion to adjourn was renewed and negatived by the ayes and noes?ayes 38, noes 93 The question was then put on the motion to go into committee of the whole, when thare appeared to be CB jreas and 50 nays, being lea than a quoram voting. Thus with solemn trifling the time Was consumed without any progress being made in the public business, and the House adjourned. Baltimore. ICoiretpeadtaes of the HtnM.] Baltimore, March 14, l&c. Mr. Editor : ? The news of the arrival of the Acadia and the safety of the Caledonia, arrived in this sity yesterI day afternoon, and was quiekly distribated throughout the city. It gave great joy to the hearts of all those who felt interested in the fate of the steam, er supposed to have been lost. What efleet it will have upon oar markets I cannot say, as we her* net had time to jndge of its Jaffa snoe. Since my last Utter eur city hae been quiet and without tnuchaewe|of iniereet. The tax hill is pending before the Ceuaeils, the result of which is looked to with great anxiety. If it pase we shell be rid ef debt in a short seesoa. Railroad orders are now 45 and 69 per cent discount. At this rate there can be no better investment as thpy can be turned into eity stock at par and draw an interest of six percent. The weather this morning is^rather cool and inclined to euew. Yours, Rod amen. Pt&lUdelpbla. [Correspondence of the Herald.] Philadelphia, March 14,1841. The Banks have Refitted lo Resume?The Remeoa? The Probable Consequences?Stocke?Pardon of Hassinger, SftThousands of our citixena rose this morning with idb expectation ioii inriraeminoi ngainsune nanas would be met ia coin. They weie, however, for the fortieth time disappointed in this. Not one of the city or country banks has resumed specie pay menu, nor in any manner paid the slightest re ?spect to the recently passed resumption law. The reason given by such banks as do not claim exemption under the "Relief" law is, that the law requiring resumption has not yet been officially promulged. The banks that have issued "Relief" noteindicate very unequivocally that they do not mean to pay the slightest respect to the law, and have all day continaed their buaineas as heretofore. There is much exasperation among the people, more than I have aeen evinced here against the banks for soma time, and I should not bo surprised to see the slightest opportunity embraced to visit their indignation against the banks, ia a mors taagible shape than ever heretofore. Their preseat resistance of law, haa lost them ail the little sympathy that they have previously had. Large numbers of persons are running to and fro through the streets, and the only subject djscu wed, is ihat of resumption. Every bank hasbeen tried, and none of them have been found te respect the law. Some two or three of thoee that have out Eromisesto pay on demand, redeem them u they ave done for months, but act. diff-rently from what they did before the paeeage of (he law. A very small amount of business was done in stocks to-day ; no change in rates. Couatry relief notes are 8 or 4 per cent worse than on Saturdav selling to-day at 10 to 12 discount. Specie and New York exchange, 4 per cent premium Jonathan R. Hassinger, late President of the Xorristown Rail Road Company, convicted a short time since of a fraudulent istue of the stock of that company, and sentenced to the penitentiary for four years, was on Saturday pardoned by the Governor, and is now at liberty. Natal Orders.?March 1?Lieut W D Porter, dct'd from steamer Mississippi Mm. J S Maury, steamer Mississippi; Master R H Nichols, det d ' from Navy yard. New Y. rk 3 ?Lieut J EBrown, permission te return to the United States from the ' Pacific. P. Mid. W 8 Ringgold, brie Boxer, asacting master. Carpenter John Cabin, receiving ship Norfolk. 5 ?Lieut A A Holeomb, ship Independence. Chaplain T R Lambert, furlough 12 mouths. Mid J H Somrrvilic, trig Dolphin, New > York; E H Scovill, do do. Mahius Cosrj?A Marine General Court Martial was ordered to convene at the Marine Ba^1 racks, Brcok)vn,N. Y , for the trial of tneh pcyr> sons as may be brought before it. The cenrt is composed of the following effieer* : Major John Harris, President ; Captains T S E glub, BMsi comber, R Deuglas; firat Lieut N S Waldron, F i B McNeil, and second Lieut W L Shuttlcwoitb, members; second Lieut J S Devlin, Judge Advocate. Fahist Elsiles?The Divine's career in Havana, i First five nights' receipts io the Pnncioal Theatre: ' First niuht. $662; second $660; third $325; fourth $245; fifth $241. On the third night, Natalie was given for the first time! . ! She was to play in theTacon if the public subFcribed $9000?but when the Alabama lelt, only , $900 were put down. The manager haa to Idee . $i:00 a night. IssuRaucTtau iw Sauta Maltha.?'The following particulars in *onuexti>-n with this outbreak, we derive from Captain J D. WiUiamsot, late commander of the steamer "Union," passenger by the British brig Elizabeth, Price, from sum man ua. v/ipuii ??iiiiaroton, who ume i down the River Mugdalena, waa taken prirewer hy the revolutionists, confined sevau moaths.and plundered of property to the value of |IO,tOB.? The American eoaeul, who certainly cannot be an American, peremptorily rtfmrd hi* assistance or ' protection. Capt. W. and other Americana readi* , ly, however, obtained protecti> n fr..m the British minister. and wit at laat indebted for hi> escape to Capt. Price, of the El mabtth. Poor or five Americana worn (till in the province, without protection, and bavin* alan bee i p undered, are without mean a. The United Statea brig of war Dolphin left Santa Martha lor tho Uailed Statee, moot probably misled by tho false informoJon of ihn At?or ricaa consul, wilhoot affording any aaaiataaco. [ Rea?*a*?.?If tbia be true the American Cottvol y referred to ought instantly to be rnonlled. Our " countrymen abroad are permitted to be inonlted too often by pusillanimous consuls. One or two should be rvealled as example. Fsom H ataifA ?The steamship Alabama oame i np yesterday, having reached tno Baliaa in fifty etuht hoars after le.aviat Havana, which is, norliaps tho shortest passage on reoord. 8ho left Ha? .... ,k. ........ n? the 24 It nit. and came scrota at tiptop speed, and double dmiektieae. The market cMliuin in state of deprecate* ; r smart were coming ia, ??l P?c?<? I?*tng way, bning quoted at 3J a Tlbltathe ar.oba {Jofee ui? but little demeod, at * ?& tke oeiatal. New Ort le.a. flour, dalt at #ll| per twrrel Freight basinets u very dull?gay $3 to Coves nnd a market. Coastwiie, to lioitoa, $8 per kkd. of molasses?nothing else going A mortal blow at the tiers trade has been made [i by the Captain Genera' who has issued aa order for the immediate eoefiteaUoa ef alt estates fonad a with new negroes on them The Alabima left the Forth, Selway and Medir na ia port, the former being destined to start on t Sunday moraine, so that she may be expected to manifest herself at the Baiiue this evening. Paasing the More the Alabama noted some era ft reseest biing aa American man of war tehoouer at anchor b inside, but ei.tild distinguish no aaas.-N. O ft* (opww, March 1. ?

Other pages from this issue: