Newspaper of The New York Herald, January 2, 1843, Page 2

Newspaper of The New York Herald dated January 2, 1843 Page 2
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V NEW YOKE HEKAL1) I M*W York, .Monday, Jaimury V, IMS* (tj* No paper will be issued from this office tomorrow. To-day is the annual holiday. An Extra at in o'clock to-morrow, with the latest news. A Happy New Year?As this is the day to be celebrated with annual calls, cake, wine, and flood feelings, we commence this morning with washing a happy New Year to all our subscribers and friends. Judging from our own feelings of general peace and good will, we have no doubt that this is indeed to be the year of jubilee,and that the .Millennium has already begun. We, therefore, recommend a universal amnesty to all delinquents?wipe out all old scores and begin a-ncw. The prosjiecfs of the coun. try were never more favorable, and we know of no reason why kind thoughtsand happy feelings should not prevail?why the bankrupt law should not do its work?why creditors should not forget their debtars?politicians forget their quarrels, and all hands unite to usher in the Millennium. AssrMrTios op Pi ulk Debts by the General i , . ...m t ot' ?l?ii mnot 11 luirol atari oonornnu VTU v&KflMiVil 1 WUC III lilt uuv.u. unu 8vmviwuu propositions which have come ot late before the public, is the project of the Hon. Win, Cost Johnson, to pay the State debts, out of the revenues of the General Government. We know Mr. Cost Johnson well. He is a gentlemen?a generous man ?a polished person?and thinks with equal ease and acuteness. The following is his famous letter:? Hall or RKraESENTATivEs, Washington, Dec. 20, 1342. It gives me pleasure to turoish you with the subjoined statement of the State debts, as furnished to the Secretary of the Treasury from the States which reported to him laBt year, and winch he furnished to the House of Representatives at the last session :? Aiermi t Statement of thf Derts of the several "ttth, Territories, asd the District Cities ofco1-1 mr ia, as reported to coftorkss bt the SE.cretarv of the Treasury, June 25, 1812. Total amount Total amount Amount ontauthorized. issued. standing and unredeemed. Maim, ? $1,754,861 47 ? ;.} sssehuaelta, $6,469,137 cio 5,421,137 00 $5,424,137 00 IVTUisylvADia, ? ? 36,336,044 00 Maryland - ? 15,214,76149 City of Washincton, ? ? 817,920 00 Al. kvndiia. D.C. ? ? 382.100 00 <!< iryi town, P. c, ? ? 116,010 00 V iiki in, 11,031,508 17 6,991,307 54 4,037,200 63 6 ,.ith 4 I roll lis, 4,152,232 23 4,152,231 23 3,691,234 II (imriiu, 2,000,000 00 ? 606,750 00 Alabama, ? ?- 15,400,000 00 l.nniaiana, ~ 23,985,000 00 Mi -M?si|i|ii, ? ? 7,0410,000 00 5,916,000 00 10,924,123 00 3,08.5,500 00 Miiliiisli, ? 12,751,000 00 5,611,000(10 Ohio, 11,858,000 00 ? 10,924,123 00 Indium, ? 3,072,261 00 12,751,000 00 Illinois, - ? 13,527,272 53 Missouri, 3,072,26 1 00 3,210,500 00 812,261 00 \.w Vork, ? ? '2,959,733 91 TVlineSiie, 6,186.666 00 4,898,166 00 3,398,166 00 $186,110,233 97 This statement may not in all cases be correct at presentThe agrregate debt would be much larger. Some States made no report. For instance, Maine is not included, and she has a debt of about $1,500,000. The debt of Virginia, I am lol l, is aliout $7,000,000. The debt of Pennsylvania, m about f.10,000,000 , and several States that have authorise.! the issue and sale of bonds, their debts have been augmented by the sales since the report was published, and siun to pay interest. I al*o take pkarare in furnishing you <> rth a t.i' nlai statement which will he the basis of the ' ill which I shall r?|?ort for the " Relief of the States." rh<-tubular statement which I published with my recent a Mr to rr.y constituents, was predicated upon the present representation in Congress. The following statement is made upon thr same principle, but so modified as to be mail. applicable to the present apportionment law. Tw.i hundred millions of dollars in Government bonds divided anions the States, Territories, and District of Columbia, placing the Territories and District of Columbia upon thi hvsis of one Representative, and allowing one million lor each Senator, and the residue divided among f he repre entation.upon the basis of the last apportionment law, would be a fraction of a cent more than ffi.M.PS'i 38, lor each Representative in the next Congress. The prol>ort?on for each State and Territory will be found in the following table, vix :? Miune $6,663,IPG 66 Tennessee, $9,171.8(16 18 New Hampshire, 4,607.989 .12 Ohio, 16,691.629 98 Massachusetts, 8,679,823 80 Louisiaua, 4 607,929 62 Connect cut, 4,607,979 62 Indiana, 8,519,823 80 \ ermont. 4,607,929 52 Mississippi, 1,607,929 52 Rhode Island, 3,303,964 76 Illinois, 6,563,876 66 New V rii, 24,167,400 26 Alabama, 6.563,876 66 ew Jersey, 5,269,91190 Missoiri, 5,259 911 90 l'< uiisvlt suia, 17,647,577 52 Arkansas, 2,651.98! 38 D- law e, 2,651,982 38 Michigan, 3.955 917 14 Maryland, 5,911,891 28 Florida, 661,982 38 V '-no . 11,779,735 70 Wiscousiu, 651,982 38 North 4'aroliM, 7,867 841 42 Iowa, 651,982 38 South 4 an,boa, 6,563.870 66 Diat. of Columbia, 651,982 36 Georgia, 7,215,859 04 ? Kenlurlty, 8,519,823 80 $'208 000,000 00 Tba' my proposition will ultimately succeed, I have rt allow I myself to doabt for a moment. The people .re tar iu advance of the politicians on this subject, as 'hey always are upon every thing that is patriotic, noble, liberal, and good. But let its friends-persevere with firmness and zeal, (and it will not lie long before it will be carried. Let no tem|>ori/ing, compromising spirit influence the-r course, hut boldly and consistently adhere to an issue of $200,04)0,000 of stock, and many of those who now apprehensively pause in alarm will advance to the p#ol u>6?n tki Ptoplt troublt tbt wafers. 1 bavi the honor to be, with great respect, your friend and obedient servant, W. COST JOHNSON. We entirely agree with this project, with' one light addition Why not include all the debts of the private bankrupt*, now before the Courts of the Tinted State* t The aggregate amount of their schedule* i? probably equal to $ 130,01)0,000, more or less?but if the < General Government means to open her liberal purse strings, it is just us easy to announce ih payment of j?35t),000,tg)0, as of #180,000,(**i It is true, there may not exactly be in the U. P. Treasury at this moment, a sufficient surplus in i?ay the annual interest on this sum, but what of that 1 It is stated in the Mephistopholes of Goethe, that there is an immense gold mine, exactly under the Capitol at Washington, and the only difficulty is to dig down to the centre of the earth to get at it. That can be done cheap in these cheap days. Fisks?Arson?Bt Ror-ARiKs.?The crime of arson, which is punishable with death, by our laws, has recently been rapidly on the increase in this city. Developments connected with the arrest of several burglars lodged in the Tombs within a few days, have brought to light no less than fifteen cases of arson, in which it has been shown that after plundering the premises of all that they could carry awav. these midnight marauders huve then lighted the torch of destruction, in hopes that the dames might cover their misdeeds a p eve search for the stolen property. While such a state of aflairsexisis in our city, the public authorities should be unceasingly vigilant, and the Mayor, as the head of the Police, should offer liberal rewards for the arrest and conviction of those concerned in this double crime of burglary and arson. There is reason to believe that the recent fire in Maiden lane and Water street was produced by such agency, and a concerted plot on the part of the burglars that now infest our city, might repeal the memorable scene of December, 1835, when millions were destroyed in one night. If in the construction of new stores, bailders and owners should follow the plan of those at tljr northwest corner of John and Cliff streets, by facing the windows with iron bars and placing no shutters either in front or rear, few burglaries would occur in our city, and fire would rarely if ever proceed to' atty cxtent before discovered in the lower story. Burglars cannot wsrk in the dark after ibry have fleeted an entrance, and the private or public watchmen would always he attracted by any signal of neht during the night. This plan, generally adopted, would do more to prevent destruction by lire, and lose by robberies, than any other that can be suggested, but in the mean time something should be done tobring to prompt justice and punish with the utmost severity of the law all those desj>erate villains who not only have the ingenuity to enter a building for the purpose of robbery .but the fiendlike desperation afterwards to apply the torch of the incendiary Mr. Braham onck more, and for the i.ast time This evening Mr. Braham gives his last concert in this country, at Niblo's. He sails to-morrow m 12 o'clock in tlieX3*mbri(lge. By earnest solicitation, he has been induced to give yet one more concert for the last. He will be assisted by Mrs Button and her pretty little daughter. For a full I rograrnme of |s-rformnnces, we refer the readai to the advertisement. The certainty of Mr. Braham and Son's sailing to-morrow, will fill the house to overflowing. Those who wish for good seats, should take care to be there in season. It is an array of talent of an order that is rarely met with on either side of the wtiter. k. i tihk New York Pouck?What it is?and what it ou uht to be.?As this subject is now up for considers tion before both Hoards of Aldermen, and in fact by the whole community at large, we shall take ibis occasion to show up the whole matter in its true light, independent of all political influences, or party interests. A great diversity ol opinion exist? on the subject of police reform?not as to its necessity, but the mode of effecting it. Messrs. Atvvell and Mead, |of the Board ot Assistants, have submitted one plan (Doc. No. 42.) ; Alderman Underwood is ready with nnother; Alderman Puray, we suppose, with another; and, for ought weknow, Alderman Crolius and the rest ol the special committee with stilljanother. At any rate, Mr. District 1 Attorney Whiting and Justice Taylor, who, in our opinion -with all possible respect to the Honorable the Corporation?know more about the matter than all the members ol both Boards put together, are ready to submit still another plan. Now in t he midst of all these discordant plans and syBtemsoi reform, we propose to show up the facts in the premise s, together with a few necessary deduc tions from them. In the first plitce, then, we say the present Police organization, so far as it respects the detection, apprehension, and conviction of rogues, is a system of bribery and corruption, established, and perpetuated if not sanctioned, by the laws of the State. In this city there is a certain number of rogues subject from time to time, to a fluctuating increase or decrease, either indigenous or exotic, as the case may be. The true province of a Police, should be to detect, apprehend, and brin/j to conviction, all these rogues. Now let us see what inducement the laws hold out to our present Police Officers to effect this detection, apprehension and conviction. We have examined the law, and find the whole basis on which rests the bribery and corruption alluded to, to be summarily as follows:? Fkes. Constables and .Marshall* (the present police officers) employed in the police office in the city of New York, may exact and receive for serving every warrant or summons:? centt. If within a mile, 37$ For returning the same when a party ia apprehended, * 6$ Mu race. For going one mile, 131 Taking a criminal into custody, 13* Conveying him to prison, 12} For going with him to procure security, 50 Serving a svarch warrant. If the goods are not found, $100 If found, and they exceed in value $50, a sum not to exceed, 3 50 Special Duty. When detailed by the day, 1 50 By night of twelve hours, _ 3 00 Now let us be understood. Incredible as it may appear on the face of it, we say that the above schedule constitutes substantially the basis of the New York police system in this respect, that it comprises all the inducements held out by the hand of the law, and all the rewards given or allowed by our statutes to New York Police Officers for the detection, apprehension, and conviction of all the thieves, robbers, burglars, swindlers, rogues and villains, who infest this city. The average of the tariff" is perhaps about two and sixpence?a two-and-sixpenny system; or to be liberal, we will call it a three shilling system. Three shillings then, is the inducement to go and search the city through to find the rogue?the same three shillings is the further inducement to risk life and limb to apprehend the j said rogue?and the sauie identical, potent three ' shillings, is the crowning inducement to "convict ' him. To expect success under such a police system, in eradicatinglcrime, is to expect that your police officers are going to serve an apprenticeship of years in learning the science of their peculiar business? for it is both a science and an art?that they will then bring their talents to bear upon the detection of criminals?in theTnext place that they exercise a most unusual and extraordinary amount of philanthropy, and regard to public good?which is to result in the aforesaid risking of life and limb, in apprehending and convicting the 'aforesaid rogues. And all for what consideration ! Why, forsooth, for the aforesaid three shillings. But does the law require police officers to feel (a philanthropy, and regard for public good, which in other people would be deemed a weakness! Does the law allow all other men to be governed exclusively by motives of self interest, but require police men to be governed by disinterested benevolence ! The grand defect of the present law is its weakness ?we might say folly, in presuming that police officers will act differently from all other men, in that their actions will not be governed by self-interest. And we might add here, that the community are often weak enough' to blame police officers for not exercising a benevolence and philanthropy which other people never feel. The present New York police system, then, is built upon the presumption that its officers will be govered by honesty, integrity, benevolence, and philanthropy?all of which are necessary to its success?and the due reward for which will be the aforesaid three shillings Still people complain of the inefficiency of the police?that it does not succeed?that rogues multiply, and crime increases, and ask, what is the difficulty! We'll tell you what the difficulty is?we'll raise the inner curtain?we'll develope the grand areanum, and solve the mystery. So here it goes. It is four [shillings. It is a public auction?the law bids three shillings to catch the rogue ; crime bids four to let him go ; and as the law will go no higher, the police officer knocks down the rogue to the highest bidder, and crime walks off with him.? Thus we solve the mystery. Here is bribery and corruption, legalized. Rogues cannot be caught, so long as they are able to offer more to go clear than the law offers to catch them. Let those without sin cast the first stone at the police officers ?we blame them not They are governed bv self interest?so are all other people. Thus it appears that crime is made to support the Police. It supports its officers? it sets their table lor them, and gives them their bread-and-butter; in fact.it is their meat.fdrink, and lodging. Abolish crime and the police insst starve. The more criminals, the more bribery and corruption. The more crime, the more pay. Nor is even this the worst of it, for the multiplication of |>olice officers does but utultiply the mischief, inasmuch as there must be a corrcsjHinding increase of crime to |wty their exjiensee and support them Hence all the well known animosities and hostilities which exist among Police officers. Thus much on the New York Police as it is. In our next article we shall show what it ought to be. Nanki*. ? In the official despatches from the commanding officer before the walls of Nankin, to Lord Stanly, it is staled the city contained about 1,INK),(RIO of inhabitants, a large portion of whom were Tartars, and who trained up all their able, bodied men as soldiers, arid who united with the Chinese regulars in the defence of the city Nankin he stated to he surrounded with a wull twenty miles in circumference, and from twentyeight to seventy feet high, and penetrated by three principal gates. It was defended by 15 or 20,000 regular tro |*. The place was invested by the Cornwallis, Blond, rnen-ol war, and heavy war steamers in the river, within 1000 yards of the walls, and by -1500 regular British and India troops on land; and was finally carried, and at last accounts remained in the hands of the British. I The Drum Tower is nearly in the centre of the t city, and overlooks the entire place The great Porcelain Tower is said to stand a short > distance without the walls. The greatest resistance met with was from the | Tartar part ol the city. r * Sonne* Dsatii.?<?eorge Wilson, Fh,| , known as an old practitioner at the New York bar, ami as the tutor of James R. Whiting, Beq. our efficient District Attorney, died suddenly on Saturday evening i of disease of the heart, at the residence of his son, i in Sullivan street. I A I Pkouressof Fanaticism.?There is no animal bo i intractable as a bigot. You can do scrihething with a iool. The raging maniac can be cooled into sub- { jection. Even a woman in a lury, will sometimes condescend to incline her ear unto reason. But a bigot can never be brought into successful pupilage. I He will not hear the voice of the charmer, charm he ever ao wisely. Parson Cheeverwas not satisfied with exhibiting hia intolerance at the Tabernacle. He repeated his address at hia own church in Allen street, last evening. We are heartily sorry, that our gentle chastisement has had no effect on the meek spirit of Parson Cheever. His \yant of docility must be classed in the same category with the ingratitude of Colonel Webb, when he turned a deaf ear to our words of condolence, and turned up his nose at a box of the best Prineipes] that ever loaded the evening gale with their fragrance. A second hearing of Mr. Cheever's address, has not improved our opinion of its merits. It presents a curious admixture of good sense and folly?charity and intolerance?piety and the rankest bigotry. Mr. Cheever's principles, it would seem, have been gathered, like the paragraphs in his address, from the four winds of heaven. The discourse is made up of scraps from all sources?from writers sacred and writers prolane?from writers in prose and writers in verse. His sentiments are equally diversified in their origin. He gave utterance to some, worthy of a martyred patriot, to others, which would add infamy to an inquisitorial butcher. Mr. Cheever's great failing consists in his inability to take an enlarged and comprehensive view of his subject. He sees it only in detail, and aa accurate perception of even those is unfortunately often prevented by his prejudices and feelings. In attempting to discuss the question " What constitutes a Statel", Mr. Cheever has brought with him all those sectarian views and clerical prejudices which have unhappily so often prevented the occupants of the pulpit from taking a useful part in the examination of important topics connected with the science of politics. But we will allow the public to judge for themselves of the liberality and charity and good sense of the Rev. Mr. Cheever, by presenting them with the following extracts from his address:? n Ms. Chkever's Opinion op Foreigners. " The second great danger which threatens us, consists in the unprincipled means employed by the demon of party spirit. The materials of these come to ns in a great measure from abroad. The North and the South ought to hart united in protecting this country from the shoals of ignorant and vicious emigrants that pour in upon us from the old world. The admission ef them as native elements, is like opening a vein, and injecting a virulent poison into the system. The most iron constitution would sink beneath such a process. But to think of these dregs from the putrid sinks of Europe, being bought at a price here by party spirit?oh ! it is a most enormous, most unsufterable wrong ! I do not wish to he misunderstood here. We have had foreigners worthy of us. We had a Lafayette, who fought side by side with Washington, the battles of our native laud, and when he comes to his adopted country to see its prosperity in his old age, we receive him with the joy and filial reverence of children. 1 love, too, the virtuous and intelligent families of foreigners domesticated amongst us. Somu of them are of my most beloved personal friends. I love to consider my country as an asylum fer the oppressed, but not as an asylum for the wicked?the abandoned?the profligate? the 1 unwhipt of justice'?for those who in their own country would only fill the poor-houses and the jails. It is a very different thing to make this country an asylum of the oppressed, and ta make it the Botany Bay of all Europe. Has not our disgrace in the eyes of Europe been found in the sediment of that torrent of emigration which they themselves have poured upon us ) It is, indeed, a melancholy thing that we could not for a season have been shut out from all connexion with the old world, and been left to grow up and leap into manhood, with our native materials?our native materials- These men are unfit to mingle in the administration of our free institutions. In general it is a fact that those affinities which lead men to emigrate do not indicate the right sort of character for our institutions. TheRepuilirans of Europe are not the men we want?Loyalty is a virtue, but those crowds who come from Europe, are loyal to nothing but ignorance and unsettled principle. The man who is not loyal in a country like England,can have no patriotism here. Ifthe kingdoms of Europe had conspired for our destruction, they could not hnve adopted a more sagacious plan than to roll over us this ground wave from their own ignorant and besotted people.'" Mr. Chkeveb's Ounion or Newjufer Literature. " Another evil, and a great one, my brethren, is to be found in the state, prevalence and power of our newspaper literature. It is left in a great measure to chance, or to the upturning of political party scum, who shall be its leaders and what its shape ; and yet there is nothing that should be guarded with more watchiulness?nothing into which the spirit if a pure morality and a high political honor, and a true i??i?iuti?... i- ...... h?i ?. .tiled. The influence of our newspapers on our higher literature is deplorable. But this would be nothing if the I public utterance ol our newspaper* were the utterance of truth. They arc becoming a school of sophists, worse than those ofOreeCP, who according to Schlegel destroyed the purity of that Republic. No Sophists ever walked hentalh the open air of that delicious clime, and taught the people whose influence was to be compared to the daily issurs of the newspaper press in this country. Nor can we speak the painfulnesx of our emotions, when we see these daily schools of thousands of our people under the care perhaps of mere hirelings?when we see some of the leading journals of our land in the hands ot men utterly desti tute of moral principle, and of men sometimes not only destitute of moral principle, but who make the moat blasphemous scofl of religion and all her sacred institutions.'' Mr. Chester becomes * Prothi-jt a.nd Predicts Important Political Etrsti. "I am afraid of Romanism. Romanists move in a close phalanx, There is a power in the Vatican at Rome, which they all acknowledge. It is an amusing picture which Burnett draws of the Man of Sin, the Pope,whom he represents as a rheumatic old giant,grinding h:s teeth and mumbling to the passing pilgrims?' Vou will never be better till more of vou are burnt?' (Laughter in the church.) Oiant Orum has to be sure got the rheumatit, but his arm, my brethren, is still long enough to reach here ! And it it be true that the Catholic voters can sway the balance, who can say that the assertion will net turn out true, than in ten yeare the Preeident of the United Staffs will be nominated in the Vatican! ' * # * , ' After Mr. Cheever had done, a man in the Sunday clothes of a mechanic, got up in the front of the gallery, and said he had got something to say. Mr. Cheever then hastily gave out a hymn, and the leader of the choir struck up a lively air on a very large fiddle, accompanied by the voices of a dozen very pretty girls, dressed not altogether with puritanical preciseness, hut on the contrary, attired in something of the style of the daughters of Jerusalem, who came in for a share of the reproof of the wisest of Kings. After the hymn, the congregation dispersed, but the man who had arisen, and who was no other than the "Preaching Cartman," made a short discourse in the lobby, which was principally directed against the "unholy priesthood who caused the people to err from the words of knowledge." Sleighing.?Yesterday nfternoon and evening, the Gloomingdale Iioad and the Third Avenue were full of sleighs, with their jingling bells, to a very late hour?only half a dozen overturns. Nowland's Prospect Hall, that capital place, where the attendance is so good?the suppers and mulled wine so exquisite, and the rooms so comfortable?were crowded. The sleighing is now very fine?and if the present clear frosty weather continue a few days longer, all New York will take a sleigh ride. The theatres and concerts are verv much reduced durine the eveningB that sleighing it* good. Insprance Aoainst Burglary.?Would it not he well enough for the City Corporation, while they are on the eve of considering the re-organization of the Police department, to suggest some plan of insurance against burglaries, the proceeds of which to be devoted towards payment of the Police and offering of rewards to secure the arrest of the burglars that are nightly engaged in their depredations throughout our city. Welch's Olympic Ciecits at hie Park Theatre. ?Mr. Welch will open the Park Th> aye on Thursday evehing, with an entirely new, grand ?ud unique style of performance. To-morrow or next day, he brings on his unrivalled equestrian trou|>e and magnificent stud of horses from Philadelphia, where they have recently been performing with brilliant success. A great number of artists and others have been for a length of time employed in making suitable alterations in the house, for the reception of Mr. Welch's unequalled company, each individual of which is represented as far superior to the general run of performers. Mr. W. appears determined that no efforts on his part shall he wanting to present the public with a chaste, elegant and unparalleled style of entertainment. The arrangements are all superb, alike as regards decorum and refinement, and we predict for Mr. Welch an amount of success hitherto unequalled in this city. Of all places of amusement this day and evening, Hurnuui <>l ih>- American Museum presents the most magnificent novelties. Twelve performances arc to be given, and (ieneral Tom Thumb, the winder of wonders, remains one day more. City Intelligence. City Polios.?The city won uncommonly quiet last evening and the evening previous. The Police officers were properly distributed for the purpose of preserving order, and Saturday night passed olf with no extraordinary exhibition of rowdyism or rioting. About 1*J o'clock however, a band of "Calithumplans," with tin pans for bass drtjms, and tin horns for trumpets, marched into the Tombs, and notwithstanding two of the Justices were ' within calling distance, took possession of the officer's large room, and began to discourse such music as was rarely heard by ears of mortals. The leader, kuown as the King ol the "Dock Burroughage," of the Fourth Ward, in resisting the arrest of the party, knocked down Sweet, tripped up Colvin, and while in the act of falling, kicked Relyea in the abdomen so seriously that he was complaining all day yesterday. " A rescue " was c.ried, as King Tom fell, and down came all the invincibles, indefatigables, and energetics of the premises, who succeeded in restoring order and landing the whole band of Calithumpians in the cells of the Tombs, from whence, alter a lew hours reflection, they were released, under promise of good behaviour. During yesterday, a black fellow named Bob Williams, of" Five Point" notoriety, and Honrv Hooper, the colored steward of the ship Rienzi, in an alley leading to the rear of 13 Orange-street, when the former pitched into him, without any cause, as he alleges, and drawing a razor,

cut the throat of Hooper, from the left ear all the way round to the centre of his thiout. The gash was not duep, or his life would have been taken in the affray. Williams was committed for examination. On Saturday evening a new set of rules and regulations for the better government of the |>olice officers, while in the office, were read, in the presence of all attached to the lower police. All cursing and swearing, as well as the use of obscene and vulgar conversation, is ordered to be dispensed with. All unusual and unnecessary noises, ditto. All disputes, quarrels, tricks upon each other, and numerous other obligations are imposed upon them, which we sincerely trust will tend to reform their habits, and improve their manners to " that extent which is greatly to be desired in this community." Tiif. Court of Ocnural Sessions commences its January term on Tuesday morning. The following rules, in relation to the officers appointed to attend this Court, have been ordered on the minutes. They have long since been needed to preserve order, as the Court has recently been the most disorderly of any other in unnoiiy. n c i'uuiibu uiiui lur iuu iwiicui ui lilt) uiuucn and the public :? On the firit Monday of each term, two of the officers are to be selected in rotation by Jacob Hays, High Constable, to attend the Grand Jury during their session. No other duty will ordinarily be required of those officers. On Monday of each week of the term, five officers are to be selected in rotation, and stationed as follows : one on each side of the bench,one at each end of the railing in the rear of the bar, and one at the door of entrance, who shall continually hold their staves ol' office, and if any officer so Rtationed shall omit to be at his post during the sitting of the Court, in the week for which he is selected, it shall be the duty of Mr. Hays to repert his iiBmeto the Clerk. The Clerk is required at least once in each day, to call the roll of the officers appointed to nttend this Court, and to note the delinquency of those not in attendance. Officers who are absent on such call without sufficient excuse, will be returned by the Clerk as absent on that day. Applications for temporary leaveof absence, not to exceed one day, must he made through Mr. Hays, whe is authorized to grant such leave, when there remain at least six officers on duty in Court. A breach of these rules will subject the delinquent to fines, and in case of frequent repetition, to a discharge from attending this Court. | Fines.?There were several alarms of fire yesterday morning, but no damage was dona to any building worthy of note. V. 8. Circuit Court. Before Judge Keut. Dec. 31 ? The People vs. Phoenix Bank.?We are requested to say the reports of evidence given of this case in some of the papers, do not at all meet the real issues. We I give them in the following charge of Judge Kent to theju- l ry. We simply give the most important ideas condcu- 1 Red I The Court and Jury hare nothing to do with consequen- , ce*. As to variances, they are immaterial?I charge you i so, and the counsel for the'bank may except. So with regard to the misdescriptions of the drafts, lie.?I deem them all immaterial for thetpurposes of this trial. Now with re- ' gard to the merits? there is but one single question, and 1 that relates to the discount of the note for $12,000, dated I Nov. 19, 1836. Evidence relating to the other charges has i been excluded by the Court, so as to leave them without < legal proof. This has been done by an imperative sense ; of duty, in relation to the laws of evidence. These rules are salutary, and must be upheld by the Court, and the , true question is whether there was a corrupt atcreement to take more than 7 per ceut on the loan of $12,000, or was ' there a taking of more than 7 per cent, in fact, without a > corrupt agreement. The bank discounted the note, and gave a draft in Natchez forthe amount. This draft was sold by Nelson, Carlton & Co. in the market, at a discount amounting in all to $413,16, and thus N. C. St Co. actually paid more tban 7 per cent, not perhaps to the Bank, for there is no evidence of rnnnevinn tielweim the 1,11 vert nf the drafts aad the bank. How docs the bank meet this? TU.J |I|M thcix n <u> Hi OUlSlntldlug mil'I'IIlHIl Vic tween the bank at Natchez and the Phoenix Bank, whereby theae institutions were to collect for each other without chanre,Vhd perform variovm servi es upon the sumc i terms. This agreement was in July, 1835; the usury char. Red was more than a year afterw ards, and hence it could have been a device to take advantage of the pressure of the times. The books of the Pha>nix Bank show that the Agricultural Bank was in Nov., 1836, heavily indebted to the Phieuix,in sums varying from $126 to $80,000: and the Cashier shows that the Phenix Bank had assets oftneir correspondent which were reducing these balances from time to time. But there is no specific proof as to the assets of the A. B., held by the Phenix, although there is proof that such assets existed. Now as to the question of fact. Were the Phoenix Bank on the 19th of Nov., 1836, in possession of assets, which gave warrant that their debt would be paid? Had they ground to believe that the $12,000 loaned N.C.& Co-would be paid by the Agrieultnral Bank in New York, for if so then the'argument for the bank applies, that this sum of $12,000 was worth par to them. Now, do you believe that the Phenix Bank had assets on the 19th of November, 1936, Ivelonging to the Agricultural Bank of Mississippi, which would have satisfied the $12,000 loaned N. C. and Co.? For, in my view, it the Phoenix Bank had funds worth par to them, there would be no usury in lending them, although below par in the market, unless such funds were impoted upon tno borrower as a condition of the loan, for there is a difference between seeking such funds voluntarily by the borrower, and forcing them upon him by the lender. [9. Peters?U. 8. Bank, vs. Waggoner.] The owner of depreciated property is not bound to part with it at a loss, and the question is whether the lender imposes a hard and unconscionable condition upon the loan. Now, if the Bank had the funds in Mississippi?if these funds were worth par to them, and they did not impose the draft oa N. C. and Co., as a condition of the loan, then there was no usury, unless this was a device to evade the statute, forthe jury must look at the real facts of the case. Yet, this charter is not lightly to be taken away, and stricter rules are to be observed than would be in an ordinary defence on a loan of money. Now, was this a device to get more than 7 percent, on the loan forthe benefit of the borrower of funds, which he was quite willing to take : It would be severe, indeed, if this were not a device, to take away this charter because Nelson C. and Co. lost 413 dollars on this loan, from which the Bank derived no benefit?for there is no proof that the Bank colluded with the purchasers of the draft. But, if the Bank imposed upon the twrrower this draft as a vendition of the loan, then it would be usurious, even although the Bank was not benefitted by it. fAt this point the Judge read his notes of 'Mr. Carlton's evidence.] Carlton says that he never told Mr. Delafield what use he intended to make of the draft, and if it was Carlton's own spontaneous act, then there was no usury. But, if there was a burthensome condition, then the transaction was usury. The verdict of the Jury was forthe Bank. V, 8. District Court. Before Judge Betts. Drc. 31? Dnmoi. ? Jlnthnny Dry, Dtc. 31, Per Curtr George E.Walter, is a person interested and entitled to show cause against a decree of bankruptcy. 1 think the schedules and inventory of tbebankrupt are specific and precise enough in all particulars except the description of real estate. 1 cannot find, on a careful perusal of all the papers, an intelligible description of the Florida property ?the farm at I'oughkeepsie?or the Ilackeiisaok lands. Thovillogeproperty at Poughkeepsie and Hyde Park are sufficiently identified by reference to the recorded deeds. It was not necessary to give the names of individual proprietors of newspapers?the reference is sufficiently exact to avoid all misapprehension on the part of liabilities. The proceedings must stay until the inventory is amende*) in the particular pointed out. Chatham Theatre.?Mr. Forrest appear* thin evening in hi* celebrated character of Melatnora, one of hi* bent and moat attractive pa'ts, which alone, regardle** of other superior entertainment*, must cram the house te the ceiling. Secure aeata early in the day. An afternoon |>erformancc will be given to-day, commencing at half-past one o'clock, and the successful and deeply inierenting drama of "Jack Kheppard," in which the delightful Mrs? Thome sustains her original character, together with a great variety of other novelties, are announced for the occasion. (KJ- Among your calls to-dny upon the gsy and beautiful,do not forgi't that there is one individual in this city morn strange, extraordinary, and wonderful, than any human being who ever set his foot upon this continent. This personage is no less a man?and less he could scarcely he?thou Gen. Tom Thumb, jr., Commander-in Chief of the Forces of Lilliput. Ho remains for this one day to exchange the congratulations of the season with our citizens, ami will deliver a political address, suitable for the occasion. Banium has made every arrangement to give splendid performances every hour throughout the day and evening. Oty* We know of no place, where an hour can lie more agreeably and profitably passed, than at the New York Museum. You view the wondrous works of nrt and nature, in every form and shni>e ; behold the splendid Picture Gallery, remaining the portraits ol all the gallant 1 eroesoftlierevolution?witness the magnificent physio ramie scenes, and see the entertaining performances, all I for ona shilling. This is the last day Uuaen Victoria's I drcsaWjWlll remain. | Literary Notice*. Hbmky of Oftkrdingkn?A Romance.?Front the German of Novalis. Sold by Bartkti 4" Welford. This work ia a translation made from the edition of Tieck and Schlegel. The life of the author is chiefly drawn from the one written by the lormer. The completion of the second part is also by the same writer. We have not had time to read this volume yet, but invite the public to look at it. i* athBr Oswald?A genuineCatholic Story? New York, Catterly 4" Sont, 108 Nassau street. 1848. This story or novel has been written to counteract the alleged (lernicious influence of "Father Clement," and many similar productions. All the objections to the Catholic faith are taken verbatim from that work ; therefore the admirers of " Father Clement" would do well to be candid enough to read " Father Oswald." Bentley's Miscellany, and Dublin University Magazine, for December. These valuable works have just been sent to us by Mr. Mason. The Magazine contains a continuation of Jack Hinton, the Guardsman, and other interesting articles. The Lady's World, for January, 1843, by S.Post. Beautifully embellished, and with the usual amount of interesting matter. The Kainbow, or Odd Fellow's Magazine, Jan. 1843 ?By Atier. fy Estabrook, 160 Nassau st. ^ The Democratic Review, for Jan. 18-13?By the Eangley't, SI Chathuin. It contains a portrait of John C. Calhoun, and the usual amount of valuable reading matter. The New York Legal Observer?By Sam'/. Owen, 42 Ann st We again call the attention of the members of the bar, and of our merchants to this valuable weekly. It deserves a place in every office and counting room. Our Mess, or Jack Hinton?Nob. 23,24, and 25: by Carvitl Co?Gentlemen will please call ana get their numbers. Mr. Himes has sent us the "Midnight Cry."?We have heard it before. Thf. Merchants' Magazine?Jan. 1843; vol. 8,No. 1.?This number begins a new year and a new volume; it is. therefore, a good opportunity for any merchant who may not have heretofore taken it, to commence with what he should, by no means, be without, if he consults his own interests. New Music. The Ship on Fire, with a lithograph embellishment. It is a descriptive scene, the words by Cbas. Mackay, Esq.; the music by Henry Russell. The Indian Hunter, with a beautiful lithograph embellishment. A song written by Eliza Cook.? The music by Henry Russell. The Old Clock, with another splendid lithograph embellishment. A ballad,'.by Eliza Cook?the music by Henry Russell. The abo\ e beautiful poems are all by Messrs. .Tas. L. Iiewett & Co. 239 Broadway; Capital New Year's presents. Another New Year.?Mr. Editor?Sir?On looking back upon the past and contemplating the future, what a vast theme is presented to the human mind for refleeiion?what untold changes have taken nlace in the affairs of men since the last New Yearl toow inany millions of souls have been swept into eternity, and how many more must in the course and order of God's decree be carried away on the same stream before another New Year) These are truly serious questions and not easily answered. To the man of the world they will pass from his mind like chall" before the wind, and like it, never to be moved from its hiding place, until the Almighty in his power shall cause the earth to tremble, and man to stand amazed. Then, not till then, will he mail who makes this worldiiis God, contemplate teriously upon those matters which concern his ;ternal weftare. We may endeavor to veil our "aces from the eye of Omnipotence, and make a mockery of religion?but oh! there will come an tour when that veil will be rent asunder, as with a [lash of lightning, and man will stand naked before lis maker, in all the shame and degradation to which the unbelieving are all destined to bear. Ah, yes, that hour will come (and let those mock who will) when the sun lit hills and the mountain altar ?the cataract and the gentle waterfall?when the tteautiful streams and the leafy groves?when the verdant plains and nature will be clothed in her most beautiful garbs, and all is bright and worthy of the spirit's worship, and when man feels himself most secure. Ah! yes, all these things shall pass away, and atthe sound of God's voice, even thou thyself shall be driven back into the wild chaos from whence thou sprung, and those that knew ye once shall know ye no more forever. H. 11. Mr. Editor :? Knowing that truth may be elicited through your fearless paper, now that the Court is in its course of enquiry, and the great subject matter of investigation is, whether any necessity existed for the hanging of Spencer, and Cromwell and Small. Permit me to ask for a description of the brig Somors, her tonnage, and the arrangement of her decks. We wish to see it any separation existed between the quarters of the men and those of the officers, and if the three prisoners could not have been confined in a state room, and being there bound in a strait waistcoat and ironed by their feet to a bolt, and the room locked or bolted, could not have been effectually kept from all sight or hearing of the crew?and if disfiosed to be clamorous or noisy they could not have been gagged to quiet and order. And we are told by old and experienced cnptains that the Somers, as far as regards her navigation, Sir. even four men before the mast could safely conduct her across the Atlantic, without any officer being called upon to soil his hands by a sailor's duty. Whether in steering for St. Thomas, at two days distance, and with u steady "trade wind," all the crew could not, if found expedient, have been kept below the deck, and only three, or as many as needed, called to each watch?and if all the officers, fifteen, armed and in possession of the ammunition and weapons of defence, could not have kept the crew in order two days longer, for the trade winds admitted of a certain calculat ion as to the brig's arrival within a given time at St. Thomas, where any assistance could have been had to secure, if it had been thought advisable, all the crew. No blood had been shed, no resistance had been made to the securing any one of the prisoners. We could make many comments u|>on the testimony of Commander McKenzie, but we refrain from doing so ; yet we feel that the evidence we are to obtain from the actual Court Martial, and the zeal of the Judge Advocate, will he diflermt from that which a trial before the United States Court is expected to display?yet we cannot, when poets are eulogisiDg Capt. McKenzie, refrain from asking by what code of motalsor law, the private letters of a mother, have not only been made known to the Secretary of the Navy, but communicated to others, taken from the trunk of Spencer, and having no relation to the mutiny ! We also ask, what must not the American public think of the officer they have elevated to honor and command, who has dared to proclaim to the world " that for those who had money and friends in America, there was no punishment for the worst of crimes." This is the gallant officer so worthy of his "country's gratitude"?and so humane to the feelings of the ntan he was to hang. Bridgeport, [Corretpondcnce of the Herald.) Bridgeport, Dec. 30,1842. j. g. Bennett, Esq.? CUR:? I noticed a few days since in your money article, the most sensible remarks which have yet been made on the subject of railroad communication between your city and Albany. You will find your account in following up those remarks, with illustrations of the expediency of extending the Harlem road to the Connecticut line at Port Chester, and thence along the coast to Bridgeport and New Haven. You are probably aware, that with a view to this, a survey has been already made, the result of which shows the praticability of constructing a road at a moderate expense. The palters speak of getting to New Haven by Danbury, which shows ignorance of the country and the points where its business and travelling concentrate. Let the Harlem road be extended, as you propose, to this place, and it becomes the most splendid stock in the world; for it will take, four months in the vear, the whole mass of the northern and western, iind nearly nil the eastern traveling, besides an incalculable amount of business at all times. Let a charter be obtained, and the books opened for subscription, even in these times, and their would be s rush for the new stock, and the Harlem stock would immediately run up to 100, discredited aa it now is. There is no project of the day which it will pay so well to press, and the advocate for which will find so much favor with the public. Uninterested even in the Housatonic Railroad, I have, since reading your remarks, been so forcibly impressed with the certain practicability and the great importance of this extension and junction of the Harlem and Housatonic roads at Bynam River, that 1 have taken the liberty to address you, with tlie liope|of inducing you to pursue the subject. Yachting.?The English yacht Dolphin, pierced for twelve guns, was off Galveston on the 17th alt. This is the same vc <ssl lhat was nt New Orleans n short bine ago. The Amphitheatre is to give nn extra perform- I ance this day, for the accommodation of juveniles and familitia, commencing at two o'clock precisely. "" I< ? I ViM IVewburyport, Mass. ?<M"trCorre?pond?nce of the Herald. J #S|. ^ Nicwiwkyport, Mass., Dec. 25,18 State of Things?Churches?Clergy?Religio ^ Politics. James Gordon Bennett-.? . a Dear Sir: ? ., J Honestly believing the Herald to be the very be? if paper in the country, and anxious to extend the cirr'' eolation of some important facts and incidents nevejfjj before brought to light, we expose them to you follj the information and benefit of the readers rjflff your widely circulated paper. Whatever we wri jIn we hope will be properly appreciated. "Let hii ffi that readeth understand." ffi Newburyport is a rich place tor isms and fanatic. for all sorts, sizes and colors, find here an arnpli J field for speculation. If Newburyi>ort could be an jjjl nexed to Newburg, a town adjoining, and thus con Lj verted into a city, as is contemplated, and wluclw we hope will be speedily done, it would certain1 jj; supercede Boston, so far hs notions are con :erne. 'Sjj Let us look for a moment at its varied rcligiot character. ' M We have in our midst 5 churches, dedicated t" Congregationalism or Presbyterian ism. and a highe order of talent cannot be found enlisted in the props' Ration of these doctrines, than here. Its ad ocatt^ are Kev. Dr. Dana, Mr. Witliington, Mr. i ickfl Mr. Campbell, and Mr. Stearns. The first, DjjS is a kind hearted old clergymen, whose curthlZi tabernacle will soon crumble. We understand hH is now confined to his chamber, severely sufferiu * with biles or sores, to try his patience, doubtless, tv . in the case of Job, v^iom we read about in the Ol } Testatement. He isupwards of 70 years of age and has spent the most part ot his life with th?T churches in this town?is distinguished as a writ? j and faithful minister, and thus far has lived an e:m emplary life, through much tribulation. We tmr he will receive his fe ward hereafter. Mr Withington is a nervous, powerful preache and a taost righteous man. He is somewhat not? ? for eccentricity of character, but this does not, JJ in some cases, injure his dignity, nor lower t' r standard of his faith. He isupwards of fifty,',ai j has preached here from 20 to 30 years. Mr. Dimick is between 40 ana 50, and haj preacJSnJ ed in this town from 15 to 20 years. No one c?| say aught against him but the Millerites? in their erV limation he is considered, with you and 1 and oth\ men of stability and talent, as a scoflerl We witjijf in connection to commend to the attention aj your readers (if any of them are disposed to cou [to tenance thfe fanatic Miller) a sermon preached I''. Mr. D. at his chapel, about a year since, afterwar '? published, and now in circulation. The motto the discourse is "The end ol the world not yet s Miller's delusion is summarily disposed of, and cay didly. '? Mr. Campbell is about the same age of Mr. Duff ick, but his style of preaching is entirely differei Mr. D is remarkably mild, while Mr. C. boisterous. He has preached here some three (our years in the Temple street Church, the larg<^ meeting-house in the county of Essex, and we bL lieve with success. Mr. Stearns is younger than either of his c<I leagues, and is a fervid, solemn preacher?he hil however rendered himself obnoxious to the AboW tionists, in consequence of refusing to cry their mey* ings. lie has preached here about six years wi commendable zeal and piety. ) Mr. Fox, of the Unitarian order of orthodoxy, hi a large church here, and is an excellent and high J talented preacher. His Lyceum lectures are of tri highest order: and his efforts, whether seenfar |J religious, are benevolent and essentially democr., tic. He is of middle age, and haspreacned here 4k or 15years. (We use this latter tev..i without jl lerence to locofocoism, of course.) Mr. Arnold, the only Baptist minister here, % younger than either of the above, and is a sensib modest sort of a preacher. He has been here i wards of a year; and we believe has united the i fections of his people. u The Universalis have a fine church here, iJor our community is so orthodox, they excite but litil attention. Mr. Forbes is their preacher, but recet*) ly settled. The Episcopalians have a church here, but n 1 destitute of a pastor. Mr. Morse, recently decease . preached for tliem many years, and his loss is dees ly lamented He-was a most excellent man, a'! his place will not be easily filled. The ahove comprise the only religious literi cnurcnes in our town : enough, say you, in?ll c? i science. This would be an obvious inference I you are awar? we have Elder Pike and his churr and a society of Come-outers, or as^Bome row young men wickedly term,them "Freebooter: We shall discuss the relative merits of these t? latter sects hereafter. We wish, now, to disc' politics a little. Mr. Cushing has entwined (himself in the aflt tions of his townsmen, lie exerts us much prop, (ionate influence among {the people here, as d< , Calhoun among the South Carolinians; you rec I lect he declined being a candidate in the rec . contest?and Mr. Robinson, of Lowell, was run the whigs in his stead. There being no ele ti the race will be run again. Mr. Robinson will sitively decline?and either Mr. Cushing or Cc1 Duncan, of Haverhill, will rtiter the arena, ant. Manvers, the locofoco candidate, will be distau and .inally beaten. Perhaps there may be t three trials yet . J. G. Whtttier, the poet, is a petitor, and his abolition friends areenergetij his behalf. They may prevent a choice at pre.i Mr. J. A. Somerby has recently establislU newspaper [depot here, and the Weekly Hen'.fi ; assures us circulates extensively. ** Am Itinerant Pi.ebi \_ Ptttafleld, Had. ;r : [Correspondence of the Herald.] jj- : Pittsfiet.d, Dec. 24,1 | PitU/icld? Clergy?Religion?fjadiet" Fax James Gordon Bennett, Esq.:? ' Dear Sir :? j Here I am, domiciled in this pretty villi. KI Pittsfield, celebrated for its lovely women, a.. ?$ ing the place which gave birth to two of our ili^ conspicuous divines of the present day, vii: Mi'fi and Beach. J| Pittsfield is situated in a pleasant valley, of .;: fifty miles from Albany, and one hundred sf; seventy-five f'romiNew York. The Great West Railroad runs directly through the town. "P j place contains four churches, vizCongregatioi Episcepulian, Baptist and Methodist. Perfect! mony apparently exists between these respaci societies, and it is chiefly to the religious light jjj fleeted Irom these altars, that is to be attributed v healthy moral condition of the place. The R * Mr. T., late of Philadelphia, and recently settl as pastor of one of the most popular churchet the place, recently met with a serious loss, in ij burning of his house, and narrow escape of l< family. He was immediately indemnified for Ij loss, ny the hospitality and generosity of his paritj ianers, which reflected great honor to then:, fc for their piety and kindess of heart. Last ni was the Annniversary Fair of the " Seaman's Hr Society." 1 drop't in at an early hour to -"ate rursorv elanre of some of th*" BpIIm u. shire. ^Ite hall was beautifully and tasted I decorated with Hags, and a beaiititul model of o I of our line of battle shins, marine curiosittea, A The tables richly and luxuriously laden with t handiwork of the fair ones?the bewitching glar of the charming faces, which presided over th and the dulcet strains which emanated fror ,1 amateur club, led by the talented Mr. II , all bined to render the acene one of the most pier I which we ever have witnessed H Among the many pleasing faces present, w S ticed Miss E. H., escorted by the gentleman ty fl accomplished Mr.S. We noticed Mr. K.,t.ie ,jfl lodious bass singer: Mr. L., Mr. C. tad Mr fl and several other gentleinen; who a|?i)eare<i V attentive toth* "fair ones " The lovely and *ra 'ftH Mi -<.Inne I ., of South street we considered or the fairest ladies present; and while we taxed o, lovely, fascinating face and form, thought, coul V lint travel life's dreary waste with such a OWfO V the present would lie bliss, the future seem a i fl dlM. MissM. B. of flouili street, we thought pretty, and many others, whose names te us (I strangers in the place) were unknown. 1 about to take our le.-ive, we were presented w letter, postage twei ty-ftve cents, which cont fl the following valuable inforinstion. "Pear I You are a handsome man, but can't com, fl Ah wi' rniiled at th^ contpnta of thf mipH * I took one glance more of this fairy scene, and , I our far-well forever. Taking the arm of a ( we dropped into our hotel, the 'Berkshire Hi ke/.i by those "hosiH of hosts," Warrinenfe C. ( J We would assure all travellers stopping at the ' a heartv welcome, and accortiniodations no Inissed by any house in the State. I submit fl liaaty rernarkH to yon, with my resects. 'fl Dover, IV. H. I 11 'nrreipondence of th? Herald. I H Drat, N. II. Pec. 17, I I Mai ten ami Thing* in Hover?Law Dtf I IMigion. f ' i 11. Hknnkti , Icq :? I Pear Sir :? ... I The Superior Court for tins county has ji ' . its term in this town. Justices Cilchrist and v VjjjH p-M.b-d. I'liief .In !iee Barker WHS imiihl' Vfl tend, on . ccount of ill health. V H This eourt is held for the purpose ol de< ' Iqaaahawof law, brought up Irom the C- ( and hearing petitiona lor divorce from UiodoniA H