Newspaper of The New York Herald, November 27, 1842, Page 2

Newspaper of The New York Herald dated November 27, 1842 Page 2
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\KW YORK HERALD. v-w 1 ork, Sunday, November *1. IMi. To Advi.rtiikrs.?Mr. J. Litti-k is authorised to collect dvertisamenU lor this paper, and receive pay menu for the same, at the same price* charged at the desk of this nftica. Misoovkrnmkvt or the City?Perhaps, considering all its local advantages, there is no city in the Union, or in the known world, so miserably misgoverned as this is. We have had the Crotou W .ier in (lie c11v for some months, vet nothing has been done towards introdui ing it into the houses of the cit zens generally. And it this great desideratum were effected, that would be but one step towards reforming the ci'y government; which is very similar at the present day to what it was hundreds ot years ago, under the renowned Dutch dynasty, when (lie city had but 2,000 inhabitants. We have no (mlicc, worthy ot the name?we have no market laws worthy ot a civilized countn? we have no tire department based on right principles; but every thing seems to be in contusion, and in a state ot complete disorganization at all points. It is true, thai the present Corporation have promised to do something, and have made some P opositiona towards eflecting the desired retorm ; hut they are so slow and dilatory in their movements, that they may as well do nothing ; and in fact, their time will expire before they can possibly do anything at the present rate of doing business. In the first place, we want in this city a thorough reform in the organization of the police system.? We want a system of preventive police ; a police to prevent crime, instead of encouraging it, as the pre sent system does. For there are continually such droves of rogues coming into this city, that it will soon be utterly impossible to carrv on the city government, without a preventive police. In the second place, we want an en irely new system for putting out fires. The present voluntary system is all wrong We want a body of men drilled expressly to act as hremen, who shall wear a distinctive dress, be men of known and approved character, be |>eriodically drilled by proper officers, and be entirely amenable to the City Government. And no one else should he allowed to run with engines. This would entirely put an end to the spirit of rowdyism that now prevails among those who hang on to the tire department, although not forming part of it. We see continually young hoys in this way contract habits of dissipation, and a disposition to riot,that leads to fatal consequences. By organizing a body of men, as we have said, for firemen, to resemble in some respects a military company, drilling them re gularlv, relieving them at stated intervals, keeping always a certain number on duty day and night, making them act as a part of the city government or police, we might do away with all this. We should not h ive one fire in a year scarcely, and our city in this respect, would be superior to any other in the world. Again, we want an entirely new pystem of market laws, which would throw the whole system of selling meat open to the honest and industrious, without restriction, and at the same tim? ensure the s ib* of wholesome meat Lastly, we want the street sweeping to be giving out by contract; and this would not be half as expensive as the present mode By giving out the sweeping to an efficient contractor, much money would be saved, and the streeis would alwavsbe kept clean. II the above reforms were carried out, all the principal points of the city government wauld be so organized, as to save an immense amonnt in annual taxation; and it would cause our noble city to become as clean, as orderly, as moral, as cheap to live in, and n? perfect in everv respect, as any city to he found on the face of the Olobe. American Literature?We see that within tie last few days there have been published several new works of light reading in 'he form of novels, and all by American auth rs. One of these ishv Cooper,the ''L? Feu Follet;" another, called "Puffer Hopkins" by Matihews.and a third" Franklin Lvans" hv Whitman, recently a penny-a liner, on one of the newspapers. These are all written in ptetty much the same old beaten (melt as the novels of the English writers, with one new feature That is, we I have hitherto had imitators of every conceivable style of English novel writing, except R07. ; and this novel by Matthews affects to be an imitation of him ; it affects the same minuteness of detail, and the same cose pictures of low life here that Boz gives of low life in London. No doubt they will all be read by a large number of persons, but we doubt wheth-r thev will have but a brief existence. When we have read them closer, we shall speak of their merits and defects. We have classed Cooper with the others, because they are cotemporaneous ; yet it must be remembered that whilst he usually writes like a finished workman, the others are mere apprentices, having just shed their feathers as penny-aliners. Accident on the Harlem Railroad.?Yesterday afternoon, at 6 o'clock, as the cars were passing S-lih street, they ran over a colored man, who was lying on the track, supposed to be drunk, and killed him instantaneously. He was brought t? the city and left in the dead house. He was a horrid sight to behold, one side of his head being whollj cut off. New York Election.?We have received ofh. cialgetums from all but thirteen counties. Bouek's vote is 17.1 921, being 7,385 less than he received in IHltt, and Bradis's vote is 154,907, being 27,713 less than Seward received in 1840. Tyson, the Foroer.?This person, who committed a forgery in this city to a large amount some five years since, died at Staten Island on Friday evening last. The |>olice have been in search of him during all this time, hut no clue could be traced of him until a few days previous to his death. He was living with his mother for the past year, on Staten Island. RKTAKY I l*SIIKR O.N UT'KLI.INO ? 1 tie rsecretary of the Navy, in reply to a letter in relation to the recent duel at Burlington, says:?"I look with a* much abhorrence as any one upon the practice of dnellinf. and shall be pleased to know that the civil power has acted on the offenders in question. As a military offence, it has engaged my serious attention, and I trust that it may be ultimately sippressed in the navy." A ?Only one locofoco paper in Alabama is in favor of Van Buren ; all the rest have come out in favor o? JohnC Calhoun. tVf-Commodore Baron has resigned his situation an Governor ot the Philadelphia Naval Aeylum Gknkrai, Scott ?To an invitation to attend the Franklort Barbecue, given to the Kentucky Whig members of Congress, General Scott returned the following answer:? OsvaoiT, Sept. 93d, I8?i. Gentlemen?Your letter ot the 7th instant, a tdresaed to me at Washington, haa followed me tnthis distant region. With your invitation requesting my i>re<u-nre at the entertainment about to he given hy the whiga of Ohio to the whigs ol Kentucky, who, in 1840, ?o magnanimously po tpone t their flrat choice for the Presidency, 1 nm highly hot ore I ; and if it were compatible with my position as n federal o'Hcer, I should certainly be in the mi.lst of yon on th- interesting occasion. With one candidate for the Preaidency, and the best in. terests of the country at heart, it ought not to he doubted thai the whirs, appealing to the virtue and intelligence of the people, will he as successful in as they were in into Whether that can li late he, as all Indications seem to d-derinine, Kentucky's ilitis rtous s?a, or . any one ol hunl.elsnt his ollt-ers, mr p: a> ars for a whig triumph will he ar lent and unceasing. I have the honor to remain, gentlemen, with high consideration, your friend and l-llow citiren, WIVFIRLO SCOTT. Messrs. J. H Crane, 8 Forrar.H O Philups, K. Green, D A H lynes, and Charlea Anderson, Correstiording Committee. AtitskSAH?The fi-gisUt'ire <>| this State commenced hi Little Rock on Monday the 7ih in-tani Gen Samuel Adama, of Johuaon Co., wan choaen President of the Senate, John Widgery, Secretary In tlf House, Col. W. 8 Oldham waa choaen Speaker, and S. S. Tucker, Clerk " 'iitniro on Col. Webb In tbe Court of S?f lou* Vcittrdtf Morning. The Court of Sessions yesterday morning was crowded even more fully than on the occasion of the in piest over the body of Coll. The gallery was filled with some of the most respectable looking men in the city. Every portion of the Court Room was crowded?every corner?all the jury seats, and the ste|?s leading to the Judges' seats were covered with siiectators, anxious to see how Webb would look while undergoing the infliction or the farce of u sentence as the case might turnout. For it was the opinion of many, like Burns, that " Perhaps it might turn out a sang IVrhap? turn out a sermon." The speculations among the g| ectatore were very prolific, and all sorts of remarks ran round the room The predominatingfeelingjwas of the comical order, tree si^num. "1 don't think Webb will he sentenced after all." "Mow's he to get in through that crowd with his lame leg." "I understand Webb cried yesterday when Lee and Purdy went to see him; because, as h? said, they brought him large petitions for Ins pardon after he had abused them so shamefully aud]causelessly." The excitement was at its height at 20 minutes past 11, when the Court entered. Hays? Ha's off, gentlemenRecorder?Will on? of the officers tell the clerk that the Court is now in Enter Henry Vandervoort with a load of books under his arm. Enter Jamks K. Whitinu, looking unusually handsome, and smiling, and standing close up to the Ironi of the Recorder's desk, held a very pleasant and familiar confab with that dignitary. The Recorder all this time lookeJ rather serious, but very amiable. JriHjK Lynch looked twice as serious, but not h-ilf as amiable. Jacob Hays looked more comical and quizzical I than he has done for some time, and put on a good, round, hearty smile for the first time in ten years. An unusual numbei of militia officers were present ; but none of the regular army. Of lawyers there were any quantity ; but few of the lawyers of the old school were there. In about five minutes after the Court entered, Col. Webb was brought into Court, in the custody of two officers. He walked very lame?had to support himself entirely by his crutches, and looked exceedingly pale. The District<Attorney then rose and said?"If the Court please, in the case of Col. Webb, who stands convicted, by his own plea, of an offence against a staiute of this State. 1 move that the Court do now pass sentence upon him." Recorder?Arraign him. * Col. Webb stood up straight as an arrow. Henry Vandervoort?What have you now to say why judgment should not be pronounced against you according to law! Col. Webh (very much agitated, and in a low tone of voice)?I might sav much against the policy, the justice, and the constitutionality of the law under which I have been indicted?I might say still more in relation to the unjust |iersecution by which that indictment was originally got u|; hut I feel satisfied that much as I might say it would have no influence on the minds of this Court, or alter your judgment. I shall therefore simply content myself with submitting to your decision without any fur liter remark, satisfied as I am that whatever of odium there is in the matter, attaches to my persecutors and not to me. Rkcordsr (also considerably affected ) ?You are indicted under the 5:h section of the statute against duelling; and that section provides thai any on" who leaves the State for the purpose of evading this statute, or for the purpose of giving or receiving a challenge, he shall be liable to all the penalties connected with the same, as though ihe offence was committed in the State of New York. To lhat indictment you have thought proper to plead guilty, and it now becomes the duty of the Court to p iss upon you the sentence of the law. The statute to which 1 allude, to be sure is somewhat ot an anomaly It makes it peremptory on the Court to punish an individual for an intent conceived here, which leads to the commission of an overt act in another State. So far it forma an exception to allotherstatutes by providing that an individual shall be punished for a mere intent Again, in another point of view it presents an anomaly; for whilst we in this State punish the individual committing the offence for the i-iuiple intent, the Slate ol Maryland, the law of which declaresduelhng to be a telony, can punish the offender for the commission of the act itself. So thai in this case a person can be twice punished for one and the same offence. In relation to the law Uself, the Court do not deem it advisable here 'opass any comments. It is found upon ourSiatute Books, and as such the Court is bound to endeuvor to enforce implicit obedience to it, and to punish every violation thereof. It was passed by both branches of the Legislature of our State, after mature deliberation, and had its origin in that good sense, sound discretion, humanity, and regard for tlie well-being of society, which determined once for all t* put a stop to those offences that have so frequently carried mourning, death, and desolation into the bosoms of some of ihe best families in the land. It is equally true that this is the first offence ngainst this statute which has b^en brought before the court for punishment; but it shows at the same time that tnere is a deep moral sense in the community determined to sustain and enforce the penalties ofthe statute,and to punish all those who may violate itsprovi-ions. It is not the duty,nor is it the desire of th.i Court to make ?ny comments on the conduct of the Grand Jury, who found the indictment; they performed, doubtless, what they de-incd to be their duty and are amenable only to a higher tribunal. At the same lime the Court forbear from making any remarks personally to yourself on this subject, as much out of respect to your leelings, as to spare themselves unnecessary pain ; and they, therefore, con'ent themselves with announcing to you their i decision. The punishment provided for this offence, and I allude to it particularly, as there has been some misunderstanding out of doors in relation to it; the extent to which the Court can sentence for an offence of this nature is limited to seven years ; ut the same time, the Court cannot sentence for a less term than two years. The sentence of the Court, therefore, is, that you, James Watson Webb, be imprisoned in the State Prison, at Sing Sing, for the term ol Two Years ! Here Col. Webb's face broke out into a comical sort of smile. He bowed to the Court, turned round, got his crutches, and hobbled out of court back to >.? V. > , ... imiuij niiuw WHICH IU CHI! II. There was a good deal of excitement on the subject, and much conversation ; but the remark of most common occurrence was, " I say, won't it be a queer go, though, if the Governor shouldn't pardon himl I wonder what trade they'd put him to in Sing-Sing 1" The othek Si ok?Celeste and Emjott.?A correspondent of the Philadelphia Express, denies that when Celeste married Elliott,he was "ruined,broken down and diseased in mind and body." Like manv young men, he had expended a large portion of his patrimony in a career of folly ; " but that his mental and physical powers were unshaken, lie subsequently proved by the energies he displayed in m.king Celeste the great creature she became in the esiiillation of the play going public " Prior to her marriage " she figured between the pieces as a dancer <d no great reputation or attraction,as the receipts at her b'nefit at the Baltimore house proved, being something about lorty dollars." Elliott saw, in a character she played?" Mvrtillo," in the drama of " The Broken Sword,"?germs of pantomimic genius. He contrived to raise some tunns, toon ner to England, had her taught pantomimic combata, <Vc Jfc., got drama? written for her in which she played, and l>y mean? of her talent, brought out by him, and by hi? original and extensive style of pcffi.vq, and his indefatigable exertions to render her popular, he, I repeat it made Iter! 8lie was the pu.ipet?he worked the strings, and by their mutual efforts they both pleased and humbugged the public to a far greater extent ihan any persona that nave ever entered the theatrical arena, and consequently made fortunes ; vast portions ol which they expended according 10 the peculiar tastes of each; he sported fine horses, ,Vc , she, fine dresses and costly stage jewelly, ornaments, iVc The writer then R|>eaks of Celeste's passion for acting??ays that she played during Elliott's last sicknen |)IB W1?h?denies that Elliott ever treated her brutally ; says that she had but slight cause to tlv from him?that her re'urning here after his (earn, purchasing a costly tomb stone and weeping , over it, was most melo dramatically affecting, and proved that she loved Elliott dead more that Elliott living, and thus concludes:? i " That Celeste is a woman of genius and industry, no person who knows her will pretend to deny ; that she has been guilty o| some acts of petty meanness, is tree ; that in her professional intercourse she 1 is often illtemperrd and unladv like, is also true ; but this comes, perhaps, more from her want of edu cation, than from a lack of feminine delicacy. Hen ry Elliott, with faults common to a great portion of inankiud, was an ; clive, liberal, and an honest dealI ing man." BY MPKt IAI> KXPRKStt. Trial of Sullivan, McCJeeater, and Kenaett. THK LAST DAY. The evidence being closed on both Hides on Friday evening, as exclusively furnished to the readers of the Herald yesterday morning, David Graham, Esq. counsel for McCleester, commenced summit up yesterday morning at 20 minutes before 10 o'clock, on behalf of prisoners. He concluded a most elo- i quent argument at 20 minutes betore 12 o'clock, having spoken precisely two hours. District Attorney Neuson followed for the prosecution, at u quarter before 12 and closed with an able review of the law at seven minutes before 1 o'clock, when the Court adjourned for dinner At 2 o'clock, the Court being assembled, Wm M. Prick, Esq. counsel lor Sullivan, commenced summing up for prisoners and occupied the attention ot the Court until twenty minutes past three. He discussed the various points of law alleged by prosecution to bear upon this case in a most able manner, and closed in an eloquent appeal to the Jury in behalf of prisoners. Affr a short recess, Attorney General Barker commenced his plea for prosecution at halt past 3 o'clock. He reviewed the law bearing upon the offence, at length, and presented an argument of great force and powerful etl'ect upon the Jury. He closed at 25 tninu'es before 6 o'clock. At the conclusion lie took a seat near Sullivan, who stooping forward remarked to him that "he was a better talker thanhe (Sullivan) was a fighter " John Jay, Ksy , son of Judge Jay of this county, was associated with the prosecution after the trial commenced but did not address the Court, as General Ward, counsel for Kensett, assented to the propo* sition of the Court that two counsel on each side should sum up the case. Judok Huugles then delivered the following luminous charge:? If in any circumstances, trentlemen, it were necessary for me to admonish you ol the importance af this case, I should have been relieved from that necessity by what the counsel on each side have said on th tt subject. You 1 cannot but be impressed with the magnitude ol the question about to bu submitted to you, not only ai it relate* to the prisoners who stand hero charged with the offence, hut, also and perhaps, more especially with respect to the effect of your verdict on the public interests. A great moral question is to be submitted to you. Not merely as a question of morality, however, but as a question of law. The counsel in the opening very properly remarked that on a criminal case, and on this case, you are the judges both of the law and ol the fact. That is a position which the Court have no disposition to question the correctness of. It is indeed a matter in regard of which the Court would itself have instructed you if the counsel had not done so. But while the Court say to you, as the counsel did, that you are judges both of the law and of the fact, they feel it prop-r to add that you are bound to judge according to the law. You are not above the law nor beyond it. You are not at liberty to decide according to your own notions of which ought to be the law. It is the duty ol a judge at all times, and under all circumstances, with diligence to inquire and ascertain what the law is. It is the duty of a jury under the like ci cumstances, when the duty of a judge is imposed upon them, to ascertain what the law is, and the jury are as much bound by the law as the judge is upon the bench. Our duty is not to make law?it is to carry the law into effect?to cause it to he enforced. We take the law as we And it ; and we are all sworn to the best ol our capacity to adfninisterit in its tru spirit as it stands written, so far as respects the statute, and according to the law as it exists, so far as wr depend on the common law. You would ill discharge your duties if you were to set up any course of fanciful reasoning as to what might be the best law. If you are in point ol fact satisAed of what the law is, to that you are sui ject, to that you mud be obedient, and willing to carry it imo effect ; and your duty is best done if you approach thi< cause in that spirit. The Court does not mean by this that you are necessarily to taki the law from the direction of the Court. If you should be satiaAed that that direction were erronross, you are at liberty to reject it, but unless so you must decide according to what you supposa to he the law. It will be necessary, Gentlemen, that I should enter into an explanation, and as brieAy as possible, oftha law concerning murder and manslaughter. 1 shall eudeavor to make this explanation short and plain, and if 1 understand the law myself, 1 shall hope to be able to make you understand it also. And in the first place I would refer, to the deAnition of murder as it appears in our statute-book, because it is necessary in the tirst place to look at that in order to ascertain what is manslaughter, and in what degree of manslaughter this case is properly to be ranked. The statute it this: ? "Section 4?The killing of a hum sn being, without the authority of law, by poison, shouting, stabbing, or any other means, or in any other manner, is either murder, manslaughter, or excusable or justiAable homicide, according to the facts and circumstances of each case. "Section 5?Such killing, unless it be manslaughter or . -?-.v.v v. j am uc&riiiatier pruviueu, shall be murder in the following cases? "I?When |ier|>etrated from a premeditated design to affect the death of the person killed, or of any human being. " J?When perpetrated by any act immediately dangerous to others, ami evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of auy particular individual. "J?When perpetrated without any design to effect death, by a person engaged in tho commission of any felony." I call your attention, gentlemen, particularly to this 3d clause in the definition of murder. If a death happen when the killing is perpetrate I, without any design to effect death, by a person engaged under the common law in any felony, that is murder by our statute, although there were no design to effect death. In this law, the Legislature of this state have excluded some cases Irom being classed with those of murder, and they have left them to lie classed with the cases of manslaughter. According to the English law, when the killing was perpetrated without a design to effect death by a person engaged in the commission under the common law, not only ot a lelony, butof any crime or misdemeanor, he was guilty of murder by the common law. So stood the common law in this country until this st atute was passed. The legislature, in passing this act, therefore, as I before observed, have excluded some cases from this definition of murder which were formerly included in it, and they are classed under the cases of manslaughter. Now, gentlemen, turn to the statute concerning manslaughter. (Judge R. here read the definition of manslaughter.) There then, are the cases, many ot which, at all events, under the old common law, were cases of murder. They are now cases of manslaughter in the first degree. And the question is whether the killing in the case now tried ranges under this definition or not. Now you will observe, gentlemen, that in order to make it manslaughter in the first degree, it is necessary that the person who takea the life of the other should be engaged in the perpetration of some crime or misdemeanor, not amounting 10 a felony, or in attempting to commit auch crime or miademeanor And it is also necessary that it should have been killiug under the old common law as it stood before the statute, and if both these circumstansea do not concur, thea the case dors not come within that definition of the first degree ol manslaughter. Now in this case it is contended on the part of the prosecution, that it comes within the definition ol mansi mghter in the first degree. But the Court alter a careful consideration of this matter have come to the conclusion thai it dors not come within the definition of th? first deg ee 01 manslaughter. And they have considered thai thry are sustained in thia opinion by the case adverted to, that of the King against Murphy,decided in England, hut which we here in our country are accustomed to respect asevi lenceof what the commsn law in England is,'and what it <s here. This case was expressly to the point,that death which happens ia a prize fight without any other circumstances attending the fight, than the ordinary circumstances, is manslaughter, and not murder. And if so, then if therewere no other than theordinary eircum-tanc> s of a prize Hght present in this case, then this killing of McCoy cannot be deemed manslaughter in the 1st degree because it would not have been murder undertbe common law. Bit it is said that there were other circumstances here which change the character of this offence trom what it otherwise would have been, and that it is thus made manslaughter in the 1st degree. In the first place it is alleged that thi- assemblage was an unlawful one?a riotous assemblage of persons, and that lor 'hat reason McCoy and Lilly mti't tie supposed to have been engaged in a criminal offence, below the degree of felony, and which under the old com mon law would have made thia killing murd-r. Now, gentlemen, it de< a not appoar that a prize fight of itself, standing alone, and without any other circumstances attan ting it than those usuallv occurring at a prize fight, is regarded as a riot If so such a case would have been judged a riot in England. But there may perhaps be another reason. If after the magistrate app -arcd and ordered the assemblage to disperse, and they refused, and so far resis ed as to yield no obedience to the mandate, and that thenceforth the assemblage, or ' least such of tlinm as hear ! the or ler.must have been riotous. Admitting that it might be so, which is p rliaps doub'ful. still this death did not occur in thecour-e of the prosecution ot the riotous purposes of the assemblage, li ?iici aot happen in an affray between one of the parties there and the ortlrer* endeavoring to keep the public peace ; or between one ol the riotous assemblage and one of the peaceful citizen* there on their own huiine** and not to *ee the prize fight. It did not therefore happen during the course ol the riotous procedure, ifthere werea riot. The Court then are of opinion, ami they give that opinion 'o you, indeed they think that there can be very little dou'it about it, that this i* not a caieof manslaughter in the first degree. But, gentlemen, in relation to this, you are to be the judges, both of the law and of the fact. You must exercise your own judgment in relation to it, and on your own re?|on?ihility. Now, gentlemen. is this manslaughter in the ad degree I And in the first place this may depend in part on a fact of which you are exclusively the Jn 'ges, and in respect to which, perhaps,it is not necessary or proper for the Court to say any. thing. It is this, Was McCoy's death affected in a cruel or unusual manner T For the pur|>ose of enabling you to understand this, I will read to you the definition ot manslaughter in the Od degree : Revised Statutes, page Ml, Section 10.?" The killing >fa human being without a design to effect death, in a heat of passion, hut in a cruel and unusual manner, anl-ss it Ire committed under stich circumstances as to con titute excusable or justifiable homicide, shall be deemed manslaughter in the ss-cond degree." Now,this was not ommi ted in such circumstances as in heopinion of the Conrt coald have constituted excusabh or justifiable homicide. But, in the Aral place, was it com milted in acrusl or unusual manner 7 Yon hare heard what the counsel have said. If that were the only quo lion, probably this would be a very serious case for the prisoners. But there la one other proof which should appear la the case before the defendants could be found guilty of manslaughter in the second degree. Death must have been effected in the heat of poasion. The public pro seoutora say, and insist that that antecedent In the define tion is inserted for the purpose of showing the difference bKweeu thia and manslaughter of the higher degree mid between it and murder, and that, in point of fact if this death w as effected without the beat of passion, the guilt was greater; and, therefore, it canuot he held th it the offence does not com- within this degree. But th?*e mat he a mistake about that. A killing may he done in a cruel and unusual manner, and it may not he done in the heat ot passion, and yet it may be done either accidentally by inisadveuture, or in the nature and character o the act up. roach more nearly to that act than is supposed by the definition of manslaughter in ths second degree here given. At any rate, Uentlemen, the legislature have thought fit to incorporate in ibis definition, that the killing should take place in the heat of passion; and, hence, unless this killing were done according to <he definition here, the Court are of opinion that it would not be proper to convict the, prisoners of tnat degree of manslaughter. Vou ha?e a right however,gmtlemen,being thejudgrs both o! the la* and of the fact, to weigh this point, and if you believe the Court in error; to exercise your own judgment in correcting it. It is not contended that this is .1 case of m .slaughter iu the 3d degree. I need not therefore read the definition of that, at it would embarrass raiher than enlighten you Then we come to the 4th degree ol manslaughter.? I will read it again. Sec. 19 Il.S. "Every other killing ol a human being by the act, procurement, or culpable negligence of another, where such killing is not justifiahie or excusable,or ii not declared in the chapter, Murder or in the title manslaughter of some other degree, shall be deemed manilaughter in ihe fourth degree." Now, gentlemen, that i? the definition of murder in the 4th degree, and it ii that in the pinion of the Court under which this cine comes,if it he an ..deuce at all. Manslaughter in the lit degree la punishable by imprisonment in the State Prison for a term not leas than 10 years, and that may extend to imprisonment durin ( life. The 3 I degree is punishable by atermol imprisonment in the State Prison tint less than 4 years and not exceeding 7. The 3d degree is punishah e by imprisonment in the State Prison lor a term not more tha t 4 years or 1 as than 3. The 4 h degree is punishable by imprisonment in the State Prison for 3 years, ar in the County jail for a term not exceeding one year, or a fine not exceeding $1000, or both imprisonnient aud floe. This, gentlemen, is the law on this branch ol the suhjedt as far as it may be necessary lor the court to nlace it betoreyou. 1 would say, however, that as it has lieen s'ated here by counsel for the prisonets that manslaughter at common law was abolished by this statute, the court do not understand it so The offence still remains. I is only altered and changed by reducing some cases formerly classed as murder, to manslaughter in the first degree. And perhaps, gentlemen, that is substantially all the change that has been made in it, excepting that it is divided into different degrees for the pur)>osc ol ulfording gradations in the punishment, and not leaving so much to the discretion ol the court as formerly when considered all of one degree, and when the punishment must of necessity have reached from a long term of imprisonment to a mere nominal penalty. Theolfenco of manslaughter remains as it was. an offence at common law,but the punishment ia prescribed l>y the statute. But it ia (till governed by common low, whose rulea and principles remain unchanged. A question h..s been raised aa to the sutflciency of this indictment. A question, probably, more fitted for the decision of the Court than yours, as it is a mere question, and if the court err with respect to their judgment on it, the party has a right to take the case to a higher court. I have no doubt, gentlemen, and the court has none, that this indictment is sufficient in itself. It contains an indictment lor manslaughter in the first degree, end there is an express provision in the statute which authorizes conviction for any inferior degree, when the indictmebt is drawn for the lirst degree. The drawing of it in the first degree, has given the prisoners a right to peremptory challenges, but the public prosecutor has a right to ask for any inferior degree of punishment. Something has also been said in relation to the form in which this indictment was drawn, and in relation to the necessity oi stating the manner in which it was proper to draw it as against these defendants, by whom McCoy did not lose his life. He came to his death by the hands of Lilly, and not by ine nanus 01 me prisoners, and tneir counsel contend thdt so the indictment should have been drawn. The court have examined that objection, and think there id nothing in it. Now, in what circumituuces did tbia event take place? And how far are the pi Jsoners at the bar connected with the fact of McCoy's death ? There was an assemblage of people at Hastings, at a priza light. The iile of a human being was taken there during the fizht, or at its close. According to the common law, as set forth in the best authoriii-s to which the court can resort, that assemblage at Hastings was an unlawful one. There is great reason to believe, also, gentlemen, that it waa so understood by the pjisoners at the bar, and by the great proportion of the people who assembled there. It was rumored for some length of t'mo before that there was to be n prize fight. It was publicly a b'ertised in the papers. But the place was not designated. Now, whether that were tnc result of design, for the purpose of preventing the public officers of the peace from having an opportunity of preventing it, is a matter which may be submitted to your consideration. 1 believe it is almost, if not universally understood that these assemblages are unlawful?that prize fighting is unlawful. There is certainly some evidence of this in the conduct o:'Hulliyan at least. But the | magistrate who was present, in the hearing of some il not [ all who were present, informed them that this meeting ' was unlawful, and ordered them to disperse. The fight, j then, between these parties, though by consent, was still unlawful. Large sums, we all know, are betted 011 such occasions. Various persors become iuturestud. They j come to the scene thus interested, each in lavor of his own | champion?each unwilling that the fight should terminate until thev ascertained who was the victor. All interested in bringing this breach of the peace to a final, and as must frequently be, a fatal conclusion. A prize light brings to- ' gether a vast concourse of people; and I believe it is not j speaking improperly of such assemblages, to say that the ' gamblers, und the bullies, an t the swearers, and the blacklegs, and the pickpockets, and the thieves, mid the hurglara are there. It bringa together 11 large assemblage ol the idle, disorderly, vicious, dissolute people ? people who live by violencu?people who live by crime?their tastes run that way, and though some respectable people probably were there, no one Call doubt that there were great numbers 01 such as <ho?e whose characters I have described; you can readily perceive the inlluence which such assemblage s are likely to exercise on the public peace, and morals and iaste ; and you can therefore estimate correctly the propriety and necessity of that law which forbids their existence. Upon that spot, then, no one can hesitate to say?even had no fatal resultensued?there were collected a liody ferocious and demoralized. The assemblage was in itself indie table as an unlawful one. Now irentlemm. the narties rnmino Imrotlior Inr any such unlawful purpose,are bv a very prudent and propea provision of the law?one the wisdom of which can. not I think, be lor a moment queatioued, by any sensible man?all made responsible for whatever mischief or crime hapixma in the case of the prosecution of the original design ollhe assemblage. Every one wno attends such a meeting ilea so at his own hazard anil risk- none of these scenes have ended fatally until his one occurre t ; the law has slumbered over them, perhaps because no individuals took notice of them. But undoubtedly the law can reach them, and it Is high time that an effectual stop lie put to ' their recurrence. I repeat these are unlawful assemblages and every individual attending them is responsible for whatever mischief and crime may result. This may seem a severe law, but at all events, gentlemen, it is one absolutely necessary to enforce. I know 01 no reason, gentlemen, why the law as laid down by Chief Justice Littledale in England, should not bo regarded as the law here. [Judge R. hero cited the case ol the King vs .Murphy, in which the prisoner was lound guilty of manslaughter for being present and aiding in a ia'al pri/.e 6ght Thucase is reported in the 6 h vol. of Carrington nnd Payne's Report!.] The Cou11, gentlemen, can se.- no reason to doubt the correctness of that law in its lulleit extent. No doubt if a person attend a prize tight iroui mere notion of curiosity and without perhaps reflecting on the consequences ot his going there, there is no doubt that if such an offender were brought to the bar of the Court, aad be convicted of manslaughter, that the Court would look on his case with leniency. But, then, if persons are permitted to assemble in that way, an.lif those who do encourage such scenes by their presence are not culpable, thrn the law would he good for nothing, and no responsibility as to the results would be felt by any one. Although I have said, Gentlemen, that the mere casual spectator, attracted by curiosity would probably be treated mercifully , yet certainly no such plea can be offered by the prisoners, it the evidence be believed. In the first place, McCleester w as one of Lilly's seconds. There can be no doubt, therefore, of his aiding and abetting the fight, because the very object and purp -se of his presence was to attend upon his "man" ?to enable him to fight the battle?to prepare him after every round to commence the next?to assist and ai.l him in conquering bin opponent, and in gaining the battle. If that be not aiding and abetting. I do not know what is. Neither ran there be but doubt of the guilt of McCoy's seconds, and their guilt may be of a higher order. But the fact that they were guilty, cannot and ought not to affect McCleuster's case in any way whaiever. Now, gentlemen, if these principles are to be applisd to the case, then the next thing you have to do is I shall makejno remarks relative to the degree of evidence to be attached to any of the witnesaes. Von will decide upon that. What^s the evidence -;ith respect to Hullivan ? He went up with Lilly to the light and returned with him. He was at the ground early in the morning. There is evidenceot his acting? ' in what capacity it is immaterial?in l?-hal( of Lilly, by ' sponging him with water. Mr Oolder saw him do so ? many tunes?Mr. Cimt> nnlv one or ? >... >... ' J - I V latter gentleman wan engaged In taking his notes in the intervali between the rounds.; But 8ul- I ' li-an alao directed the manner in which Lilly ! ahould put in hia blow* lie told Lilly that "the old spot was setting dry to " hit him on the old spot " He whispered to LilTy?spoke of him as his man. Now is II this to be believed J What you do not believe rej-ct But if you believe this, then as to the fact ol hia aiding and betting there cannot be the shadow of a doubt. Well, J then is he excused by his saying near the close of the fight that he would have nothing farther jo do with it 1 This it seems, was alter it was apparent that Lilly would win. If it was when it was apparent that McCoy's life was in danger, what are we to think of Sullivan lor not breaking n up the fight ? But that was not to he expected from hiin v He had said that if the fight were lost he would lose all, to deeply interested was he in the result. But it ia also , in evidr.nce thattafter all was over,Sullivan warmly commended Lilly lor the manner in which he had fought? || 'hat be thought he would have whipped his antagonist in hall the time, but nevertheless that he had done very well * McCleeater was,as I have stated, Lilly's second Here- ' maile d during the whole fight. With regard to Kensett (I he st mot somewhat differently from the other two. It I Terns that he is one of those persons who teach pugilism, h lie was presmt at the light, and had previously had Mc- tl ov in training. He was bottle-holder He aided them, () was present during the w hole time, and was probably ae (piainied w ith the state ot all the facts before him. The ( r.mrt have no other observations to make to you, gentle nen. in regard to the evidence. It ha* haen urged that " 'his ii a hard case against the prisoners?that they ought " not to be convicted of this ollence, because no others havi ' -eert punished for a like offence If this plea were good ^ I >r these defendants, it will be mnch better lor the next >, defendants hroaght up for a prize fight in the county ol |j stchester. Il these he acquitted, who can be convictr haiealter ? Can they he acquitted on the ground that 'h' law has not been executed heretofore 1 It is said that the L' ,-islat ure may enact some law making prize figting a crime 1 In all probability if auch an application were made, i -l would he refused on the grottud that the law is already { Millicient. And, if under any circumstances the Legit u lalura should be indneed to pass any law to prevent prize- |( lighting in Westche?ter, it certainly could aot be ou the r ground that the law is not now abundantly adequate for all that purjajie, but upon the ground that the county of Weatcheater cannot tsk-care of itself His Honor Jtl i:?i !. Ukgh's i: t ' clor'-ii Mr. OstHtil thru Ic-e ticked the * nurt to charge :? " That the loth c . , deh . Z lit i: - -1.. i ;1 tri iu the fourth decree, n0t ay .ly, uuh th> act, pro.-uri meut, or culpable negligence of the |>ri in r? he est ,'li-he.l, ami Itat iio auolt act, imtourMMtnt or rulpahle in iiigetice e\lata in this ea?c, ir the jury should b*lilts that lore the deathblow wa^fiven, the prisoners.lit our.iged lh<' tight, and the subsequent succtssion of ac'.J which led to the death I hat though the defendants may be guilty of a breach of the peace in having countenanced and abetted the fight, af its inception, and up to a particular part of it, yet Mutt they are not guilty of manslaughter, by au act occurring luring the affray, if be'orv the occurrence <>t such act, iin ? it-ii iirirn in'ir in oiir iui-nifiii, iiiv?iu ltd (hi fnilil, interfered to prevent it, or w itlidrew l'rom the ground," Juimt Runoi n?? In relation to then' point* the Court advise yoti, gentlemen, titvt if the prisoner* at the bar hefore the death happ<-nei| anil before the wound* were given which runted the death, i tliev deti'tmi from giving any encouragement, and did ill th it w t* in their power to pievent the death, to -'op the tight, in th it Case thuy could not he guilty ot manslaughter?otheru ise tin y would be guilty. Tlie case was then given to th jury, who retired in charge of two officers. The reporter who took the charge of the Judge then left While Plain hy express, in order to write out his notes tor this day's paper. The witnesses in the suits against the other pt rsons w ho have been indicted as upce-sones to the murder of McCoy were discharged till Tuesday next, when it is understood that all who are ready will he tried together. The verdict of the jury will be forw. rded to this office by express as soon a - rendered. BY EXTRAORDINARY f.XPItKss. Two O'Ci.ock, A. M. C>ur express rider has just arrived from White Plains, Westchester county, u distance ot S3 miles, which he lias rode in SUmintu s, carrying the verdict of the jury in the case of Sullivan, McCleester, and Kenseit, exclusively for tne Herald. The jury returned into court at a few minutes before 10 o'clock at night, with a verdict ot manslaughter in the fourth degree against all the pi i .oners, and recommend thein to the mercy of the court. They w ere absent about three hours and a half. Abolition?Progress ok ,National Thokhle.? The recent slave case, in Boston has created a terrible flame in the Sou'h,as tar ash'Mtd Irom. The following are extracts troiu the Norfolk Herald: ? Boston, Nov. is. 1843. Since my last notice of the Slave Latimer, tin- excitement which grew out of his arrest and impri-onment, without warrant or other legal proC"*?, so fir from ing, has been continually on the incrru c. A penny pn per, entitled the " Latimer Journal and North m r" was started a few day* ago, under the management (among others) ui William t>'. ('banning, son of the late lamented LSI. VIIUII1IIUK j III? U I 'JI "V I Ol WHICH WHS, IOH5I' IKOll'll language, "to give utterance to the alarm and indignation of Massachusetts at the encroachments of Slavery on tier soil." It was published at the otilnoofth' Boston Courier, and circulated by thousands bqth in the city and countiy. CndiT this and other kindred Influences, the excitement had become so i xtensive, that probably not 1< ss tha i 1,000 ]>eople would have como together to aw ait the result of the tri al on Monday next, if the case had not beeu taken out of Court by the voluntary net of the el im int and his agents. I believe it would hare beeu impossible to carry Latimer out of the eitjr as a slave, as it \t ould be to pluck an angel out of Heaven ! Not less than 800 people had made arrangements to come from Lynn alone to a tend the trial, and hundreds morn were ready to Dock in from other places ; while the great body of our citizens were moved with sympathy for the fugitive, and with iudigna- I lion against those who had illegally arrested and detained I him This general excitement find agitation, together with certain legal procee lings impending over the hiidi of the slave holders, the sheriff and Ji,lor, and a well Settled convic ion that farther i If rt to obtain their victim as a slave would be useless, brought thein to terms; and they last night set the prisoner free, on the payment of $4U0, to ineet a part of the expenses incurred by his arrest and imprisonment. No* a cent of this, however, will goto Gray, the claimant;but it will all he absorbed us meeting >nly a part nl the expenses of the oflicors. Oray has spent nearly $700, be-in s his time, for w hi h he ? ill have ! july this consolation, that lie has beeu the means of ere- I sting an excitement unexampled in Boston, without oh- ; lining his victim ; and thus rendered it morally certain ' hat a fugitive slave is as secure here a- he can be in any I d ie,e this si e of heaven ! The sherift conles?ed tha' he Sad done wrong ; said he was heaitily sorry that he lial aeon induced to have any agency in stich a transaction, j ind th it no fugitive slave should ever cross the threshold i if our jail while it remained under Lis control, lie j ailor also pro'ested that lie would never be concern d igain in such a business ; and in consideration ol those | romises, Latimer and his friends agreul not to pro ecute I hem for tulse imprisonment, or on any oih tr charge eonsectcd with the transaction. Austin. also, tb? counsel for Gray, declared that this should tie bis Inst - are ease ; and they all agreed that not an ofliecr in Boston could be persuaded, by uny means, to i ngage in such a ease !? Austin furnished Latino r with free papers, and surrendered the (tower ol attorney for tho arrest ol his aiflicted wile. Tiie following nr? the conim ntj of the Norfolk Herald 0:1 the above : Abolitioxi-m TmrMrMANT?Tut: CoxiTltt'Tiox and THK IlllillTS or Tin: JiouTHIH.s StaTi.s 1*RaMPL.KD is Tiir. Di st, is tiik Cm or Be?ri>> ! Our tonus. man, Mr. Jaim s B. Gray, returned home ytHer day morning, after a long, harrum'tig and expensive attendance on the course ol Justice (!!) in the lawhring city o( Boston, in the hope ol Inning hi runaway slave Geo. Latimer, restored to him; hut nil to no pur|icso lie has been defrautled ol his property hy a mockery of justice, and forms of law twisted and contrived to defeat all hi* eHort* toolitain his ju*t rights. Mr Gray's c*su brings the "vexed question" between the north and the south to its ultimatum. 11 is slave eloped from him, ant he pursued him to B iron, where ho found him, an I pro lured the require ! proof of hU ownership; according to the express authority of the Constilution he had a right to take him awa\ without further let or molestation. But an! He w as w ithheld rom him upon some frivolous plea, which was to have heen Lives, titrated on Monday last; but in the interim the Sheriff, who was w ell disposed at first to support tue Constitution sn.l do his duty I'eirlevsly, vas in imi la'ed and overawed by the fanatical spirit which ruled the hour, nn l he gnv order* to his deputy,the Jailor w ho had the slave in charge .0 release him?adding that if he was uu released hy inch in hour, he would dismiss hiin, the jailor, from his other. The slave was theroili>oii released, and no longer tinder he control of hW master?upon the plea that thi jail helonged to the State, and was to be ti e I to hold prisoners -ommitted under the laws of the United States, without ipecial permission, which would not be granted n this ;ase. Thus, then, the cvmpact between the States has been violated by Massachusetts ; and if, ti|on mi application. >y the party aggrieved, to the Supreme Court ot the Unied States, for redress against th? Utate of Massachusetts, o 'he full amount of his loss and d image, his claim shall >e rgjecti d, the great compact which binds these States ogether in one Federal Union, will lie to all intents and mr|iOses dissolve I !?If what are t alle I the " free States" , >ar excellence, can with impunity send their emissaries nto the slave States to Si duce their slaves to run sway, tnd then afford them protection and luccassfutly resist the ightlul claimsof their owners?and there is no power in he Federal Constitution to enforce redress, the ohligaions of the compact will he no longer bin ing, and a goI'srnment admitting ut sticlt an nhu*e would lie mote ?dims thaw the w orst kind of dutpotiam. It is needle,* to add, hat the slave States would hold this blesse I Union, halowed a- it Is by all that is dear to the hi ait of the patriot, is dust in the balance against their rightr. The Hmxottes if Boston may exult in their triumph over Gray ; tint they lave not counted the cost. An 1 w e say it with deep con ern?for we are peaceably iuclitu.l. and have thi lisp,.- i ition to love all our brethren in all parts of the Union-- ! hat this wrong done to Jas. B Gray, cannot?will mu be amelv submitted to by the citi/.ens of the SoU'h Ason j nan they will rise anil demand redr. *s for it and seciiri- j y for their property lor the future. This is not an iudi | kiiioi unuri ? mi 11 umy nn mmpromi-UM or lill'hi 'l Up : 1 t iithe f?.r of t irry alavn-owner in tin- South?Alt. ire uteri* r.I in it?nil w ill feel the neresiiiy imposed on hem to take prompt unit doobive action in the premisesow or nerer I* the time lor them to net. Any chain-'in (reference to that condition when th" guarantees of our :lorioin Constitution under which thi? Union has h<re?o- re ?o happily flourished, can be nulliQ.vl by the luw* of lu-mehu- !( i or the insurrectionary proceedings of her itizens, with impunity. Away wit i the paltry political entes and emit it* of the day until tlm momonioui (pinion if settled Washington. ICorresiMiiiileiire of the lleial-l. 1 Washing ion, Nov 2o, 1H1"2. Worummlt in IVathi nylon?Clearing u/>?'flu < 'ftbuttt?No Removal*'Uprtttnl, fy<'. Vou have no conception of tbe misery and comlotion tint prevail here ul tiii? momeni. ("lie /hole female world is in arms and every hoii-e is nrncd up aide down for no other re ?in 1 'ielio\ tun to give the good ladies an opportii' i'y of setting tiem in order again. Indoors mops, brooms and zrttbbing brushes are in requisition, making every oiise n |>erfrct bedlam, while flhe crreets tire so till and dusty, that tliev would he inloleralde were : rot for the sprinkle of preity facet-; "few and far etween" ihat_ ever and anon |>eep onl like star' hrough the mist, n-'in insr it- tlut ontetlnng <d a iglier and purer nature is left in (hie place to save t from the destruction tut overtook Sodom and romorrali, the inhabitants of which, if Buckimtism be rorren, were not a whit worse than those >f Washington. None n| our fashiomiblej have arrived vet, and Ii? T' the daughter of Oenl. I? of f.t. tlie merry lite eyed and joyous belle of t!i< la t sensou, ! re without h rival to question her supremacy.? he is a heautifu' girl with n clear ringing voice, ill ot glee and an outline of form and feature it would shame some of our most da c models. More than all Hlte in possessed ot strong nod sen*'- and an inexh iu?lrbjr fund of wit. which i ikes her rather dangerous bf approach; but she isti ico, which is enough to counterbalance all Iter at actions tor a destructive not only 111 the science ol arts, hut of politics is dreadful, I I There isnnthinc newin the political world No gei will lie mad in the cabinet, and unfortunately {'or ? ? matu clique in your city, who have ! "en -ending in their accouau here tor cervices reu r d, in- removals will he made in tin Cuetnin loo-". Mr 1 laliett will not he a|>><ointed Collector I || ( o|''Mr. Cnrtir; nor will Mr Kelley, lute assistti> clerk ol (lie Court ol rvaaion* of yourcity, ami ' o ue time .1 -ergcnnt-at-urinsof die Hoard of , Vldennen, he promoted u> the pant of Marshal of tite Southern District of New York ;hul on (lie contrary, every tiling will progress in the same cjuiet, Car manner it has. hitherto. Within the |a?t ninth, -< vend (forts have been made to remove Ir. Curds. hut all to no purpose. One deputation ue from die Pi-ivt' r Mug, consisting of Major Joe ,nd i certain crazy nun of vour city, who it is said, n tf- d thi- men ore very earnestly upon the Presi ent, tnakiii-' a nrnfl -r at ihe same tune of their ser vices, but couple J with conditions ao very absurd and aiiiu-iiic. and exhibiting so nine's impudence in ; ich" small otatoes," that they were only laughed I. and went horn wise a- when they came. :'he President istinl to be wheedled in this manner. II" has the strong- -t confidence in Mr Curtis, and , whiic the duties of (ai lector are discharged by that ! u'entleman s well, and so much to the satisfaction ol die merchants and business men of the city, he I will not remove him for the sake of gratifying a : set ol loafing politicians The President is getting on swimmingly; lie has I [mi uir extinguisher on that " same old coon," and i in now ready with a hey tally ho for Kmderhook. I In tact, tin* battle bus begun, and several nice little ' skirmishes have already taken place between the j i Ilobe and Mndisonian, to the exttenie satisfaction I ot th" Intelligencer, which occasionally takes a I h ind in the s x>rt with much gout, helping the Ma i I'i-on' n man whenever Blair has the best of it. This is only a circumstance, however, to the light i we sh" 11 have niter Congress have convened, when I there will be ali sorts of rows, the wings le I soex| extremely wolti It on account ot their recent defeat. us hope, however, for the best. In the midst <>l the political storm that has just swept by, the coun try In b'vn left neglected by Congress, and even ; the iin-a-ures'lint were past at the late suasion are of i iitib- practical utility, as they fail to carry with them 1 the confidence ot the community. '1 hey are reI garded us i-urtizan -cheines, passed hy a lactitnis j i a jority, to he repealed w lie never the opposite party , lull get 'It - ascendency, and consequently lack that moral support, which till laws based on the general consent, and trained for the well being of the public nnist po-.-"ss. It is time this state of things should terminate. The President has none \ hi - dun- The Ashhurton treaty has settled our disput'. with Ktigland, and placed our foreign relations in a high r position than ever, r.nd the exchequer pi hi, reuomnr-tided at the opening ot the last session, will, with some modifications, if received, con idered, and adopted hy Congress in the spirit of j liberal cornpromi nllny our domestic dimensions, and ;i at n end to the fierce party strife that has j vexed the country for the last twelve years. i : i )! legislature fit Vermont have abolished j th> 'ini.-hiit- nt of death. liY l Kjfi 80UTH KKN MAIL t'lkllii'lcl Jtlila. fCureniondfuee ol tlie llt-rald.} ia, Nov. 2fi, 1842. Dkar Bennktt:? There is but little news afloat, if I except the Hyi ing rumors of the day, some of which are to the tol| ing effect:?lien. K.eim, of Reading, to succeed, j unquestionably, ThomasS. Smi h, Esq., a3 Collec( tor ot lliis P'Tt. John C. Montgomery to remain in the P?-.-t office for the period ol three months longer, when he will certainly he removed, and a violent Tyler ntun appointed in his place. These vo, are th most important ones, and I must confess much relinnce is placed upon ihe former. Geo. Kcuh is an honest, firm, consistent titan, and wou d undoubtedly give general satisfaction to the whole community. Mr-Smith has many bitter enemies here and verv justly His appointments, generally peaking, have been bad?worse even than tliose of his predecessor! Business of almost every description continues in the same wrecked and depressed state it did this time l ist w ek. T.-i our transactions for the past week, there is nothing worthy of note, save in the fl air and grain market, the demand for which has been pretty active, w th a slight advance iu prices. Ot country produce, tin-re i- an overbundant supply, leu prices for most articles continue the same as usual. In 'lie ar'icle of wheat flour, 1 find there has keen ({7ti7 birre's cleared for foreign ports?also, 7H Idtds and 3.(122 htls corn nn al, and 712 bMs rye flour, in corn and wheat, 4 000 bushels of the former, and 3,500 ol the latter, have also bieu shipped for foreign ports timing the past week. Then -re but vessel.- up for European ports at present. The gliip Talbot will leave on the 1st of December t< r Canton, and barque India clears in a few days for Leghorn. But very little shipping remains in port at tins season of th- year. In domestic and foreign exchanges there is scarcely anything doing?the former is constantly fluctuating. I find it liilliult to keep a correct list of the -une. Our country and ntv " R eltcf " notes? or, Pennsylvania " .May flowers," as our Jersey friends very appropriately call thetn?are a disgrace to the State, and demand the earliest attention ot the Legislatute. They are utterly worthless for the common transactions of business among the laboring classes, who alone are the unfortunate persons upon whom they are principally mimed, hv heartless and unprincipled employers. Shame? shame ! 'n Wond iv, the sale ot the Railroad, Bridge, and Turnpike Stocks, owned by this unfortunate Commonwealth, will take place at Harrishurg The terms of sale are the satue as those advertised forthe late humbug sale in this city. It is doubtful whether, in cast*par v hit'* is demanded, a single dollar's worth be disposed of! What a humiliating spectacle '?writ a lasting sta'n u|K)n the character of the mighty " Keys'one" State !? wh it pain and mortifiCiiiioii must it not be to Iter Executive ! The fallowing limited amount of business wa? transactc i a: the ri guUr Board cl Biokert to-day : Do sham Wilmii,ffinn 7|; $10011 Ciuclnuati Water Works, fl'j, ISCV75 # second Bono!?2 shares Pennsylvania Bank 64; $600 I'i v 6'a, 1S74, D?. C* SHIP NEWS. 1'iiM.vnrLrnu. N"V 2<>?B low. T* hot, from NYork; V?spi r, Ij.'tl .11 i, Tiin i! III. ' hi Juri'rr. filter, fihartcaton; Oiian, VVilknu, Li Gu yra; 0. his, Kcki' ldt, Wni luilus. 8?i.ti?iobb, No?'26-C!d Wattr w i-!i, 1 Br..i,S' Johns, Pit i I I \*i vins, ( Br) Sticknry, 3t J >h . \II. : .1. aimr, Dubtn, Mir . in. AuiiSPnil, N >v 21 ?Arr Snini'.i r. r 1. Ankcoote of Cubistophkr HrouKs?Mr. If. it will he recollected, is now the re, resentative ol the Uuitod States at the Hague; and a little incident which occurred ? few months since, on the occasion ! pr ei,ling his credenti ils .it that Court, happily indicates the self-pus essoin and ready wit of the diplomatist, that it should not he lost The reception ot Mr. II was. of course, kind and gra' it>? on tiie part of the King of Holland, who reireivki il? "Mr Ifuglics, we are pleased to see you?as the repre-cntalive (d tiie United States; but were surprised to learn that you wished to go to Bru-S"l?''? alluding i > the reported prrtfrcncc of Mr. H. t< >r tlif* mit-sii ii li> the \> ilii-rlnnds. ' Ir. 11 i ;'i''-:, with the readiness that characterises !n in, replied?"Granting, sire, all that you say, I did luii follow ill- ex ini ileot your M ip-sty." Th'' reader will remember that In the Revolution iliat -i vrred tin- Neflirrlinds from Holland, the Kitiar. then Prince Royal, was a prominent actor, nit) tailed in takina Brussels (rotn the revolutionists. Texas.?The scat of government of Texas has been removed Irotn Houston to the town of Washincton, on the llrassos. The Government had ita exi-ti uc in that pi it"-, and the declaration of independence was made th-re. Washington is within a day'-1 ride of the most populous portions of Texas. TllNMtSSKK still I Mlt.l'KE.-KNTKD IN THE U 8. Skixatk ?'I iie Lsm'oIoco members of the Legist*nip'of th Sute of Tenne see having, at its late session, pt r- stod in their refusal to go into an election lor I'niied Si .tes oenators. the State w II re mnin without its proper representation in the United -t.ui Seuntu at the upproucliing session of Congress. I'. H. District Court. B' fore Judge B.'tt*. Nov id ?Is 11 iskbi i'tf.y.? The ruse of Amory k Leeds a hirh h s excited *o much interest, from the fact that it :?the first instance which has yet occurred of an attempt to open a decree, was expacted to have firm decided this morning, hut the Ju.lge has deferred his opinion until 'ii.- .mi ih'm wpi'k. ni" nonor gave decision* in **, lion- of th* m, however, involving any new principle of Uw,or le ing of any special interest to the public. (Chatham Theatric ?A now and attractive piece is tii bo produced on Monday evening, entitled the " Prodigal Son." This drama will be performed in i in mil' r 10 re pre.-r lit with clearness and effect the - ries i f celebrated pictures of the immortal Hotrtli, called Marriage n-la-Modc, and is got up in lie peculiar v!" which distingui-hes The liberal nanngement of the Chatham. ^JJfjj/^line appeara u the tight rope, niyl vCfif|? rform celebrated xtravoennaa of the Carnival of Vert ice; he will io make hia terrific ascension on tli<V tight rope, ro;o the back of the stage to the extrenie height of it" theiitr- The :rr?nd romantic dmfina af far I'nttle Imp," ie also ennottnced?the w h?le being or th benefit of Herr Cline.

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