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

Newspaper of The New York Herald dated February 2, 1843 Page 2
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JVJ; VOKK. HLi. .1. < v lork, Thuriday, Ktbrnary fi, IMS. yj- Mr. E B rprriB it authonaail to racaive advartltamrctt tor thu paper, at tba following o flic a pricaa t 8 lioaaor lata I time. . 60 tinaet >1 00 " " ) weak. 1 76 " " 9 waeki a 60 " " t 0B!h J 00 The cmc>*Cask An anonymous writer, sign itig himself " Puikney," comes out in yesterday V t ourin with tne first of a promised series ol articles in dele nee of Commander McKenzie. Some people would be disposed to doubt the propriety of such a procedure just now ; but the writer is evidently one who gives himself as little trouble about the strict observance of propriety, as he does about the tacts of this very case. " Pinkney" deals largely in gratuitous assumptions, and with amusing tang fioid takes for granted as well established facts, mere assertions and statements which are altogether unsupported by any evidence as yet develoj>ed. Be fore proceeding to examine his reasoning, we beg | to present the tollowing s| ecini n of " Pinkney's" magniloquent style it is in the true " King Cambyses vein": " The and manlv senve which once characterize.! the Anglo Saxon mind, teems to be wearing away nn ! perishing beneath the corrosion of a sickly sensibility, comiwunded of a bad system ot philosophy and a worse system of religion An attempt to convert an American vessel of war into a pirate ; to tear down the honored ensign ol our country and run up, in its place, the black and bloody ring of the ireebooter ; to arm, murder and lust with resistless lorce upon the common highway of nations ; seems, in some quarters, scarcely to have excited an emotion of horror. But the depraved and desperate mvn who had devised this hellish plot ; who had ahead) sharpened the sacrificial knife and beheld, in imagination at least, their victims bleed; who were laady to thrust the hapless and innocent women whom they might enmesh in their fatal snare, into the pirate's brothel, and immolate them at the shrine of the outlaw's lust ; these men, the hoataa huinant generis baffled in their bloody and bru tat purpose, a .d crushed beneath the severe blow with which necessity had armed the law and its ministers, are wept over by men who will be just as ready ta weep over the punishment of any other criminals, and to lament the prevention ol any other crime." After this eloquent exordium, the writer proceeds to lay down his positions as follows: I. That there was sufficient evidence of the existence of a mutiny, and that Spencer, Cromwell and Small wenmutineers on board the Somers. II. That there was an apparent necessity for the execn tion of those mutineers, to preserve tue vessel, her officers and crew. Ill That if Commander MrKenzie, judging irom appearances, and from facts within his knowledge, and acting upon the unanimous advice ol liis officers, deemed the execution to be- necessary, there was no malice ; and the execution in conformity with such conviction and advice, was an act of duty, and justifiable in judgment ol law, even though it should now seem to hove tieen unnecessary. Now, as to the first of these assertions how has it been supported by the evidence 1 There was, strictly speaking, no "mutiny." The statement tespec ting the insubordination of the crew, neglect of orders, and soon, were not at all made out in the subsequent investigations. It is true, that Spencer and Cromwell, looked at one or two of the officers with what was regarded as " a most infernal expression," but there is no evidence of positive disobedience, nor utterance of threats to overthrow the authority of the Commander Spencer had, indeed, formed a "plan of a mutiny,but we have been unable to discover any mtis/'actory proof of his havingsubmitted it to Croinwell or Small, or of their having united in a conspiracy. A plot had been formed in the mind of this thoughtless youth, and committed to paper that was the whole amount of the matter. The affecting allusions to the design of capturing the New York packets, and violating the female passengers, are wholly unsustained by fact an l are now generally correctly estimated. But admitting that these men were mutineers, then comes the question as to the necessity of their execution. We think the facts as developed, render the solution of this inquiry very easy indeed. The fact that Spencer, Cromwell and Small were arrested, and that at different times, without the least resemblance te any thing like an attempted rescue being presented that four others were afterwards confined, with the continuance of the same ciuuuruLimiiun mai ior live days aner me arrest or Mr. Spencer, jierfect Rood order prevailed, nothing appearing to interrupt it, but the "groups" of boys wondering what it all meant, and which ceased when their curiosity was satisfied these surely afford sufficient evidence that there really existed no serious grounds of apprehension for the safety of the officers and the brig. As to the third position assumed by "Pinkney," it is only to be remarked that ihe absence of malice did not justify the commission of the deed for which Captain McKenzie is at present under trial. If it were done from cowardice or tear, it were equally reprehensible as if perpetrated through malice. The opinion has gained much ground that Captain McKenzie and his officers acted with panic-struck precipitancy that every thing appeared threatening and portentous of disaster and murder. The Court of Inquiry justified Commander McKenzie, but we doubt much whether any one of its members would have acted as he did in the same circumstances. He will probably be acquitted by the Court Martial likewise. But that matters little. There is another bar at which Commander McKenzie has been arraigned, Hnd there his justification and acquittal are not so certain. That is the bar of calm, unprejudiced public opinion. Surveyor of the Port. It is rumored about that M ajor "iJoah has been appointed Surveyor of this port. We presume it is not so. If it is so, the movement is a very injudicious one. The Major, when Surveyor before, never performed the duties of the office, and it is not likely he would do any better ROW. He is, we daresay, a very great friend to Mr Tyl *r, and there are several others here who having been on every side and betrayed every side, would, we presume, be willing to do the same thing for Mr. TjJer, it lie would but give them an office. But the alliance of these names with the President, as his triends, would be jiolitical death to him, or any other man. Nothing could have been done more prejudicial to the interests ot ttie President than the establishment ot the miserable little sycophant paper called the Union, under the management of Major Noah The paper has died, and has done not a little to prevent Mr Tyler from being respected in New York There is no propriety in making offices tor the support ol worn out party hacks, who never did any thing well lor ihemselves or any body else; and certainly there i-great wrong in displacing good and efficient officers to make room tor such persons. Journal of Commerce. Thus speaketh David Hale and he speaks the truth. The establishment of the Union, and the ludicrous attempt made by Noah,Fisher, and others,to create an inclusive Tyler party here, have turned out to be the most melancholy abortion we ever saw. Yet Captain Tyler good, easy, trusting soul was made to believe that such a movement would re-elect him to the presidency in 1844. David Hale, however, is wrong in one point. Noah does not want to be Surveyor he desires to be sent out as Minister Plenijaitentiary, wiih a cocked hat on his bead, and a sword by his side, to settle the difficulty with the Kmi>eror ot Morocco. This is his darling passion, and it is probable he will he appointed to go, tor that purpose, to Tangier*. It is no less certain, however, that the appointment of Major Noah on such a mission will be considered a greater insult by the hmjwror ot Morocco than the original quarr I Major Noah has been in that country before, and is well known. Murriio Anotrr thk -aii.orN Home A great l!l(~ r' ! t" lir oriu .' llir r->n:lKS(>eHrC lO-mOTTOW | evening, of ail those opposed to the " Sailor's Home." What is the object! What dotiiey want! What are their purposes'! The Fikrik Foi ik This new pantomime came off last night at the Park, it is a gorgeous display of scenery aided by most ingenius machinery. We shall speak of it more fully hereafter: in ihe meantitn< the public will not fail to visit the Circusanti sec it for themselves; it must have a great run. Mrs Howard as />i Belle MaugeriU% did herself gr at credit. Sh- . , nimble-tooled on terra firmu as ah'- is u|>oii liors k There are several acts of ntigic and en< hantment that arc verj surprising The laat seeue .n iii< panloinine IH exquisitely beauti'ul, and produces great effect It will be med again to-night The New Philosophy The Old Philosophy. That aection of the new-light philosophy of the present fragrant age of a dirty world, which is led on by Horace Greely <Se Co., has undertaken to reply to our remarks on the new association project, in a a* rt of arfumentum ad homintm, as follows: The Editor of The Herald ba* laid claim to he in ad ranee of the age h> ideal of Rr'orm and general Improve iu*nt ; hr haa promised Irom time to time a new Philoao phy, new Doctrines ocial, religioui and political. We *e ', buwevir, in hit paper nothing but negat om and pro o-atation*. There ia nothing poaitive, atttrmative or constructive. He proteiti against the Hanking fly item ;he prot--ati om> tiiiii' againkt one Party; tomeiimea against another; he protentn nguiui' all now Theories, Views and Doctrine*, hut he givrs nothing new or constructive. In attacking new- Doctrinea, he pleases, no doubt, that Conservative spirit which exists throughout Society,and thus gains the spplauseol the Multitude 7Ytiunc. The new-light philosophers must have read the Herald to little purpose if they have not discovered long since the leading ideas of our philosophy. It is very simple, and very easily understood. We are perfectly satisfied with the present syslemsin religion, philosophy, politic#, finance and Imnking. The banking system is as perfect a piece of machinery as it possibly can be what we condemn in that, and in o:her systems of the present age, is the want of moral integrity the trant of common honetty the want of honor and good faith. The schemes of the transcendentalists the Fonrierites and allotherniodern reformers,are entirely erroneous in their very inception. The error consists iii iiiic-ciiiitt me aiiriiimil ouiciy, or exclusively, in mere intellectual or physical education and neglecting the cultivation of the moral affection* and principle*. The Great Founder of Christianity fully understood this wonderful principle of human progress. He took the social and political institutions of society as he found them inMiis age, knowing very well that the moral affections and moral principles contained the real essence of human improvement and general progress. So in the present age government, agriculture, finance, politics, doctrinal religion, literature every element of intellectual and physical progress, are well enough as they are, without attempting any violent or sudden change. What we want to increase happiness, and to give the greatest impulse to civilization, is the right cultivation of the moral principles the increase of integrity the growth of honesty all of which may be comprised in one rule, " love your neighbor as yourself." No revulsion would have ever taken place in the banking system, it integrilyand moral principles had governed the financiers. Neither would the violent political, personal, or religious feuds disgrace the country, if the honest and moral affections of the present generation had been better cultivated in youth. In fact, the great error ot the age iB the utter neglect of moral education. We have intellectual education fashionable education .-cientific education but no moral education. This is our philosophy these are " our doctrines, social, religious, and political." In the present day they are entirely novel although they are as old as the 44 sermon on the mount." We were taught in that school, and we have endeavored to practice them through life and a part of the same doctrines is thp mflh BVfltP m nnnltoH t r\ nnurunt"D L. ~urr.ivw iivTTO|/a}ivia. in; nunest tell the truth love your neighbor as yourself. That is enough. Trial of Commander McKenzik. The following is an accurate list of the names of the members of the Court Martial, appointed to fry Commander McKenzie : Captain JOHN DOWNES,' President, ' GEO. C. READ, [ ' WM. COMPTON BOLTON, DANIEL TURNER, JOHN D. SLOAT,* " JOSEPH SMITH," GEO W. 8TORER,* ISAAC McKEEVER, " BENJAMIN PAGE, " JOHN GWINN, THOMAS W. WYMAN* Commander HENRY W OODEN, IRVINE SHUBRICK. Jcdoe Advocate, WM. H. NORRIS, Esq. of Baltimore. The members whose names are marked with an asterisk, had not reached the city yesterday at one o'clock, in consequence, as was supposed, of the non-arrival of the Boston steamboat. The other gentlemen met on board the North Carolina at 10 o'clock, and after waiting until the time mentioned, adjourned till this morning at 10 o'clock. The Judge Advocate remarked before the members of the Court separated, that he did not expect that they would do much to-day, as he had not yet had an opportunity of examinina the record, the minutes of the Court of inquiry being still in the office of the department at Washington. The proceedings of the Court Martial will not, it may be presumed, possess much interest. Day's India Ritbbkr Boat. ThU new invention is calculated to be of more value, we apprehend, than the inventor himself seems to attach to it. We have had occasion to advert to the inventions of Mr. Day before; but for none do we think he merits more praise than for his conception of so ingenious and wonderful a boat. The great and all-important advantage of this over any thing of a flexible boat kind yet invented for transporting persons or property on water, is that the weight of persons in it is beneath the buoyant power, making the center of gravity something like the cars attached to a balloon; there, by ensuring perfect safety against upsetting, and lessening the chances for accident. Its model is most perfect, presenting the appearance and form of a Crecian gondola, and may be impelled with very considerable speed and great ease. It is so light as only to weigh twenty-eight pounds, and will occupy when exhausted, less than the space of one cubic foot, yet will sustain a dead weight of over one tonIts length is about eleven feet, and lour wide will comfortably accommodate four or five persons,who might with perfect safety cross any stream this side of the Pacific Ocean. It is provided with'very ingeniously contrived flexible air pumps, with which the boat can be fully inflated in the almost incredibly short time of four minutes; while much less time is consumed in discharging the air and folding it up. These air pumps are connected with, and form part of the boa'. We have neither time or space for a full description, but we venture the opinion, that wh# n ifH VhIiW I Hniir# fiafprl rwv frowplUve new countries, travelling expeditions, or corps of engineers, will feel prepared to depart without them. For the use of the army on our frontiers in lime of war, the advantages from them would be incalculable. The one we saw is intended as a present to the Bey of Tunis For Hudson and thk Intkrmkdiatk Landings. The comfortable and substantial steamboat R. L. Stevens, will leave the foot of Murray street, at 5 o'clock this afternoon for all the landings between his city and Hudson. Communication with Boston Adams and Co , and Pomeroy and Co. sullied us with )font in papers yesterday afternoon in advance of the mail. Chatham Thkatrk The strand pantomime of the " Black Raven of the Tombs," which has been produced in a style of unequalled splendor, with new scenery, dresses, decorations, (tec., has been drawing overflowing houses since the first night of its |*rformance. It is truly a brilliant affair, and displays the superior tact and ability of the manager with marked effect. It is lobe performed this evening, in connection with the very interesting drama of the " Brigand's Oath," in which the pretty Miss Adelaide l'hilli|H< appears, and the successful drama of "Rinaldo Rinaldini." A moat attractive bill, and one which will doubtless draw an uncommon house. Off" The Mummy at the American Mumm haiibown aigna of Hitoniahment lately, at the unprecedented and in<'I raking crowd* which daily and nightly throng that tabliahment. What wonder ! In all it a three thnuaand haa never tieen the witneaa of auch a cotnhina. tion of attractiona. It never saw a dwarf like Tom Thumb, ao itnull, ao handaome, ao every way delightful never inch gorgeoui and thrilling apertaclea, or auch beautiful and funny aighta a* are taeu nightly in the grand saloon Thia 11 the laat week, and Saturday tha last day and iarewell benefit of the General. Thk Nkw Pouck System Th* Primakt M*ct- i ims-Moki ExeosTmaa. The District Attorney and | Justice Taylor have both submitted their plans of a new Police. And the people now look to his Honor the Mayor to come out and improve upon both system*, and give thetn definite shape and proportion. Thvre is no individual in this community who ha* had grcdfr advantages, more exi erience, or who is better qualified to submit an organized plan of a qood preventive Police than Robert H. Morris. Let liini prepare it without delay, and present it to the Common Council. It will be there received by both political parlies with favor and respect Then 1st the Common Council act upon the subject promptly; and as legislative action must also lie had upon the new organization, let both political parties concur unanimously in submitting it to the Legislature. Now is the time to strike while the iron is hot. The whigs profess to be in favor of a reform of the Police. They can have the concurrence of the locofocos and the Mayor; indeed it would be necessary for them to endorse it over in order that it may receive vitality from Albany. But we are not aware that any opposition to a reorganization of the Police will be found in either ot the two parties as such. The great difficulties to be encountered are in the fears ot members of the Common Council indiscriminately, to come out openly n Tt... U ...V uu.vva vo VI a, ICIUIIII. 1 UCJ CI IC ailrtlU HI the influence of the Marshals and others whose tenure of office may be affected by the re-organizition. The "primary meetings" stare them in the face like so many "devouring ogres." At these primary meetings the Mayor's hundred .marshals make their influence felt to a degree that is a perfect terror to your Common Councilmen. Each marshal is able to bring with him at these meetings from seven to ten vo ters. They are dead set against any police reform, and have decreed political annihilation against any charter officer who shall dare even to propose a rsform, much more to vote for it. If, then, it be true that all charter nominations are in reality made not at the general nominating conventions held at Tammany Hall, and at Broadway House but at these primary meetings, and if those one hundred marshals control the votes at these primary meetings, then the whole mystery is cleared up in relation to the fears of your Common Councilmen to vote for a police reform. People wonder and wonder why the Common Council do not decide at once upon a police reform. Both political parties every body all are agreed upon its necessity, and are in favor of it. Why, then, is it not done 1 We have already answered the question; the reason is to be found in the influence wielded at the primary meetings by persons whose tenure of office would be affected by a reorganization of the polios. We shall have more to say on this subject anon. City Intelligence. Tint Way to get out of Prison. The practice under the habeas corpus system, formerly so much in vogue to obtain the release of rogues from prison on straw bail, ifcc., has been superseded by a new lawyer's trick, that is such an outrage upon all justice that we feel bound to expose it. A few weeks since, Thomas Parks, notoriously known as an old thief, and but recently out of State Prison, was arrested and fully committed on two charges of "clear and flat" burglary. The person engaged as his counsel immediately took measures to obtain his release, but knowing that an application for a writ of habeas corpus could avail nothing, as bail would bedemanded in a large amount I on the two charges combined, and wishing probably I also to avoid the exi<ense,he applied to deputy keep- I er Homan, for copies of the two 'commitments against his client. The lawyer then presented one of the commitments to Judge Lynch, and bail was allowed to be entered in a small amount. He then applied to Recorder Tallmaage with the other commitment, and without explaining the circumstances or stating that there were two charges against his client, obtained his release on bail that was there presented. The end9 of justice were thus trifled with, and Judge Lynch and the Recorder certainly deceived and imposed upon. We have not been able to ascertain who was given as security tor the appearance of Parks, as no return of the bonds had been made yesterday to the Clerk of the Sessions. The manner in which this business was managed, however, gives good reason to believe that the security is not any better than it should be. Elizabeth Case, the notorious passer of counterfeit money, who stands committed on two charges of forgery, was also discharged by the same means used in the above case of Parks. Charge oe Forgery. A young man was arrested yesterday on a charge of presenting a check, purporting to have been signed by James Lynch, grocer, to the New York Bank on the 27th instant. fortffiOO. The check was doubted by the teller, andietumed to the possession of the person who offered it. He states that he received it in pavment for bills exchanged in his business as a broker, and that he returned it to the person from whom he obtained it at the time it was refused by the teller. On examination he was held to bail, but the check being out of the possession of any of the parties the prosecution will amount to nothing, and will therefore, probably, be dismissed without being taken before the Grand Jury. Drowned A marine named Griffiths, on board the Independence, jumped overboard last Friday night with the intention of swimming ashore ana deserting, i tu tide at ine time was runuing strong, and the {unfortunate may quickly sunk His cap was afterwards recovered, but his body has not yet been found. A MtrsatTM Robbed On Sunday morning last the building 130 Chatham street, occupied as a hat and cap store on the first floor bv William Ranta, and as a museum on the second, was forcibly entered by burglars who pried off the lock from tne front door of the entrance to the Museum. They then descended through a trap door into an area in the rear of the building where they raised a window and then passed into an entry which lad to a door in the rear of the store. The panel of the door was broken and the thieves then passed into the hat store from whence they stole twenty five yards blue black silk,a hat and other fancy goods valued at about #70. Officer Sharks and Colvin obtained a clue to the burglars yesterday and arrested a fellow named James Wil iams, who says he is from New Jersey, and his partner,William Norris, who hails from any wheres A portion of the stolen silk and other articles taken from the store were found where these men had sold and pawned them, and they were therefore fully committed for trial. Street Pickpocket Yesterday afternoon, as William Wilson, a black man. was passing up Broome street, he felt some one tugging at his coat pocket, in which was his pocket book, containing $40 in bank notes. On turning round he found the handsof a man in his pocket, and seizing him placed him in the hahds of an office of police. The fellow had contrived to disuse of the pocket book to a partner, as it could not be found on his person. He said his name was Leonard Raum, and was fully committed. Fkmai-e Robber. A man named Hamuel (Jerty, entered complaint yesterday against the wif e of Bernard McOuire, of 79 Goerck street, charging her wnh robbing him of $9 while asleep in the bar room of ihe hou.-e. She was arrested and committed. Waiter in the Tombs. A black fellow, named Peter Titus, wmcommitted yesierday, charged bv Ginord Johnson, boss waiter, of 73 Laight street, with appropriating a patrol China vases, plated castors, Sec. to hta own use, lie having been sent by Johnson to convey them to 40 Mulberry street, where they were to be used at a party. Mr. Editor: I am not a reading man, but having accidentally seen a late number o| the Boston Courier, I found, in the congressional column, that a Mr. Fessenden had told the assembled legislators that the "terms ol enlistment ot the marines of the Exploring Expedition had expired at sen." Now, as I happen to he aware of your extreme talent lor discovery, can you assist me with the information as to where thi Mr. Fessenden acquired Ins knowledge of a transaction upon which lie makes so broad an assertion. The terms ol at least six expired in port, where ships were clearing hi most daily direct (ortlie United States Four ol the above number were scandalously and brutally treated, ironed, imprisoned, half tarnished. and nopged The details of the melancholy story are preparing, and the eiti/.ens shall one. dnv know how vilely their defenders are abused. Under the fatigue cap of a United-tales marine sometimes lies an understanding, and beneath the nickel he has vssumetj lor the service ot the republic,beats a heart brave enough to defend them 1 am, Mr. Editor, Sec., See., One or the Punished Men From Aljuny The steamboat Utica, Captain John Scott, (the aecond cousin of the same John Scott whose rifle made the coon say " gone") arrived last evning at eight o'dlock from Albany, and wil1 again leave for Albany, this day at five o'clock. Our privute accounts art' very interesting, but unripe for publication. The devil is to pay among th * office seekers. Madame Sutton and Signer D Begnis gave a concert on Monday, which was well attended, and they give another to-morrow night We annex the following letter from our corres pondent: [ Correapomtenee of the Hertld.) Ar.BA.NY, Monday, Jan 80,1813. So irregular and uncertain has been the communication with New York one day a steamboat, and ! next day not thmr 1 have found it almost iinpvsaibh to send you any thing,'hat 1 could calculate wit!, any degree of ceriaiutv, would reach you within the present seamtn The navigation, while I write, is effectually closed, and of course the Housutonic route will be the tnost expeditious again. In both Houses of dm L< gislature, though avast amount i f talking is being done up, hut a very little real business is disposed of. For the lust three or four days, the Senate have been engaged in the discussion of that vital quesiion whether common rumor, is correct in insinuating that Governor Bouck, while Canal Commissioner some years ago, did or not nay a little more than he ought, for some work on the canal near Port Schuyler. The democratsay no. The whigs, Messrs. Dickinson and Root, in particular yes, and are continually offering resolutions for the purpose of obtaining information on the subject. Mr. Dickinson in the Senate to-day, offered a resolution ot that nature, and in the remarks with which he accompanied it, used the following language: " I aver that Wm. C. Bouck, wliilp n Hartal r.ammioflinn r franrinlontlu xnrl uton. tonly expended the public money for the benefit of interested partizans." Mr. D. pledged himself to make good all he has charged, and more beside. That''old white horse," may have stumbled once after all. However, Mr. Dickinson will have tough work to induce the people to believe it. Mr. Khodes, in the Senate, to-day, offered a resolution instructing the Committee on inquire into the expediency of abolishing the inspection of salt; which was adopted. The following bills werepassed: To repeal the act in relation to inspection of leather, passed in 1841; to extend the time of Daniel Leavitt, Receiver of the North American Banking and Trust Company; for making a final dividend and settlement, relative to the trustees of the Seaman's fund and retreat in the city of New York, and to incorporate the New York Floating Dry Dock Company. In the Assembly to-day, Mr Dai.y presented a

petition from seven thousand citizens of New York, for an alteration in the lien law, which was referred, after some debate, to the New York delegation That erudite legislator. Mr. Enock Strong, distinguished himsplf in this debate. This man is certainly one of the greatest geniuses uncaged. He is the chap who opposed the mill tax, on the ground that as the tax was levied solely on millers it was therefore unequal and unjust. Mr. W. Hall presented a petition from numerous editors and publishers of newspapers, asking for an amendment of the law of libel so as to place the defendants in civil suits on a footing with persons indicted for libels. The bill to amend the charter of the Bowery Insurance Company, after considerable debate, was passed 92 to 16 Mr. Jones gave notice of a bill to repeal the act of 1840, to extend the right of trial by jury to fugitive slaves. The passage of this bill will not fail to give satisfaction to every true friend of the constitution and the Union. The whigs will go strong against it, and when it comes up for discussion, as the almanacs say, look out for a storm about these days. Mr. Allen laid on the table a joint resolution fixing on the 7th of February, at 12 M., as the time for the election of a U. S. Senator. Mr. McMurhay made a very able 8|>eech to-day, on the Governor's message, which he had not concluded wlicn the House adjourned. The report of the commissioner appointed to examine into the practicability of employing convicts in iiiiuiiiK la a iiiwi iiiierrmiug uucuinciu. ji is strongly favorable to employing the convicts in that manner, and recommends the purchase of an iron mine in Clinton county for that purpose. The commissioner estimates that a gang of one hundred convicts might be immediately employed there; and that ultimately profitable employment might be given tosome five hundred, under an outlay of something like $170,000 {pr the mine and new cells. No New York appointments yet. It is said that his "Agriculturalist" has been so bored by his New York friends, that he has come to a conclusion, out of revenge, to leave the city nominations until the last moment. Meanwhile the time hangs heavily on the hands of the poor devils. Signor De Begnts and Madame Sutton give a concert at Female Academy this evening. To-morrow evening they sing in Troy. Simon, legislature-senate. Tuesday, Jan. 31. PrrrrtONS Prkhknted. By Mr Varian, (2) from the Mayor and Aldermen of New York, for some changes in the plan of that city. Mr. Dickinson offered a resolve calling for the amount of canal tolls the present year, and a long and wordy debate followed, consuming the time till hunger compelled adjournment. assembly. PltT'tions Prksrntkd and 1? EKKRRED Bv Mr. Baldwin, for an amendment of the lien law in New York; by Mr Hihbard. from New York, for repeal of the fire limit law in that city. Mr. w. Hall called tip his rrso'u'ton in relation I to the Virginia Inspection Law. .tec. Mr II aJ ; dressed the House nt length on this subject, denouncing the course ot Virginia during the controversy, <tec tec. On his conclusion, Mr. Hathaway observed that he wished to ad dress the House on the same subject, in reply to the gentleman from Albany, but asfrom the late hour, he could not ask the indulgence of the house, he moved that the resolution be laid upon the table, which was agreed to. The House refused to go into committee of the whole on the Governor's message ; Mr- McMurray having informed the House that time would not be afforded him to finish the remarks he intended making on thai.document. On motion, the House adjourned. Rknts. As this is the season at which this subject occupies the attention of our citizens, I propose to offer a few observations thereon. That, owing to the general depression of business, tenants cannot afiord and ought not to pay the previous high rates, is evident, and the justness and necessity of lower rents will appear, when ws consider, that while the amounts and profits of business, the value of real and personal estate, and the cost of articles of use and consumption have declined fully one half, rents in general have not declined in proportion. But, say the landlords, a ith a large increase in the taxes on our property, is it fairthat we should take less rent 1 Certainly. Does not the owner of |>ersonal properlv also pay the increase, and does it increase its value or enlarge his income I Does the capitalist receive any larger interest for his loans! Are thev not actually getting less? And ought not the holder of " fast" property conform to the times ? They can also procure as many of the comforts und even luxuries of life, with the rents proportionate to the times as they could at previous expansion prices. I wosld advise landlords who have good tenants to conform to the times and keep them, and not insist upon such rates as their business cannot afford, the result of which is to break them up, and the landlord loses his tenant and his rent. Knickerbocker. Circuit Court. Before Judge Kent. Frs. 1. Wallit g- Chriflaphtr v . Mot! It Bond. This caie haaheen up in thi* Court for nmo day* pait The defendant, Mom. a young man carrying on the dry gooda huaineaa at Mount Morris, Livingston County, in New York, came to New York city in the montk ol September lait, and gavn order* to aeveral home* lor good* to a large amount, and amongat other houaea, to the plaintilfa. In October V e aent ordera again to the different houaea to which lie gave the former ordera. The gooda ordered upon both occaaiona amounted to $14,000 The pro|>ortionof the good* ordered from plaintiff* home amounted to more than >700. It appeara that when the ordera were received, the plaii.tifT* made come enquiry about the aolvency and credit of Moaa, and upon that point, reference waa made to Bond. Bond repreaented htm to be a young man of good atanding, and perfectly worthy of credit. Upon th> ae repreaentationa plaintiff* gave him the gooda It afterwanla turned out that at the lime the ordera were given, Moaa waa a minor, that Bond knew the tact,and aluo knew at the time he made thoar repreaentationa Moaa waa refuted credit hy another home on the ground ef hit minority. In *ome ahort time alter Moaa obtained the gooda, it waa found he waa unable to meet hit cngagementa. He then declared fer the firat time that he waa a minor, and if hii creditora peraiated in preaaiug him for their demanda, he would aet up hit minority aa a defence to their proceed inga. Hiibaeqnentlv, Moaa ranted a meeting of hit creditora to he held, at which he ottered to pay them fifty centa on the dollar, and on their refilling to accent tin*, he threatened to plead hit minority. Tne defendant*, Bond and Moaa, have pleaded aeparately. The Court ha* been for nearly two >laya engaged in hearing teatimony of the piaintift* tending to auppoit the foregoing atatementi, and l o rotemuoraneout art* of fraud on the part of the de fendant, Moaa McVean fc Bna .vorth for plnintiffa ; Mr. Sherwood for Moaa. and Mr Cutting for Bond. In the courae of hir charge, which waa very long, the Judge *aid tl an infim. obtain* good* fraudulently, he may : e diachargml from ihn contract, but he tnu't restore the g iod . Theprb Mrfnantan Infant may battaed Maahteltl, not a word. If knowing himaeif to be ao infant, he ma le the contract Willi the intention of repudiating it, then it throw* a ver> unfavotablc It 'ht upon hit transaction II Bnn<l mode lalie regret enta'ton* with the intention to <1 sri'ivrthcm. v tt miiHt find a aerdfct flffainet him TheJnry w ordered to brine in aaoaled verdict to morrow morn in . Common Council. Boabd or Aldbbmkn. Wednesday, February lit. Alderman Woodhull in the chair, ana all the members present, except Alderman Leonard and Bonuell. The Joint Committee on Fire and Water, to whom was referred the subject of authorising a Hose Company to be located in Leroy street, reported in favor of the object. The same Committee, reported in favor of allowing Hoaa Company No. 38, a new hoxe carriage to be placed on lour wheals, un l built by contract. The Committeenn Finance, reported in fnvor of leasing 'astlu Garden, to French and Helaer, lor five years, at an annua! rento' $3311, the Corporation lo repair the wharf on the outside ol the Garden, and the leasees to keep the premises in good repair, and give security lor the payment ol the rent. Alderman Smith moved that it lay o i the table, and ba printed. Alderman Leu concurred in the opiaion ol the report. Alderman Balis said that he hoped a reservation would be made in the leaae, to allow the Corporation to esteiul the Battery even with tke Garden, if considered necessary at any future period. Alderman Jonas and Puaof concurred with the report. Alderman Balis offered a resolution that the leaae should terminate whenever the Corporation considered it necessary to take down the Castle. This was lost. A Iderman VnDKBwooo.from the Committee of Finance, presented a long and able report, giving their viewa relative to the present manner uncollecting taxes, and making assessments, and recommending the abolishment of the ' IJici n of Collectors ol taxes for the several .varJs, an J establishing on a department where the taies shall be paid by the citizens, thus saving the tearly expense of 17 ward collectors with fees amount ill(t u U|nvnrui ui ^<w,w u I'tsi annum. aiiuui im|iu r ft persanultaxnn tin' yroperty of those persons who reside in towns in aJjoining States and Counties, but who transact tiusiiK'St in this city, and whose property is protected by the city government. The document was ordered to be printed A communication was received from Dr. Doane, Health Commissioner, recommending that applicatiou should be made to the Legislature to allow emigt ants the privilege of entering the Marine Hospital at Staten Island, when taken sick on their arrival in this country. Referred to Committee on Finance, and ordered te be printed. On motion of Alderman Waodhull, document No. 32, prohibiting the removal of persons interred in any grave yard in this city without permit of the Common Council, under a penalty of $-260, was called up for reconsideration, the Mator having vetoed the ordinance. Thesecorn! section makes it penal in the sum of $250 lor .any person having charge of a burying ground permitting a dead body to be interred without a certificate for a physician, or an inquest by the coroner. The second, that no captain of any vessel, or any other conveyance, either by land or water, shall remove the dead body of any person who has died in the city, beyond the limits of said city, under a penalty of $250. The ordinance was then adopted, notwithstanding the objection ot the Mayor by a vote of 11 to 4 Aldermen Smith, Purdy, Hatfield, and Stewart, in the negative. The Finance Committee reported in favor of leasing the hay scales at Tompkins' market to Mrs. Hannah Earle, for $100 per annum. Joint Miitiso. Both Boards here assembled in Joint Meeting. The return of the Chief Kngineer for December and January, were read and adopted. Charles Holmes was appointed Dock Master of the Fifth Ward in place of Joseph Webb. He was also appointed Health Warden by the Board of Health yesterday afternoon. Wm. H. Barnes and Simon Ackerman were appointed Measurers and Inspectors of Lumber Alexandei Patterson was appointed City Weigher. The Joint Meeting then adjourned. Alderman Lek moved that the Board now take a recess. Alderman Woodhull opposed it because he thought there wan nothing at the supper table to induce him to go down Rtairs. Alderman Croi.ius advocated the recess as a time honored practice, and said that he should always move an adjournment at 7 o'clock. Several of the members here left tor the supper table, and the recess for thirty minutes was then carried by a vote of 6 to 4. The Committee on Laws, to whom was referred the matter of closing the old post road, reported in favor of submitting the same to the decision of the Supreme Court, and asked to be discharged which was adopted. The Committee or Streets, reported in favor of paviDg a space four feet wide on the southerly side of Bloomingdale road and the fourth avenue. The Committee on Police, reported in favor of paying Dr. Stewart a bill of $1-2 lor medical services rendered at one of the city watch houses. The Serjeant at-arms was here despatched for the absent members, there being but ten in their seats. A resolution to pay William Foev the additional sum of $150 for the construction of a well at 49th street and 3d avenue. He contracted to make it at the lowest price olfered, but owing to the quantity of rock through which he was compelled to blast, the sum agreed upon was not sufficient to pay for the work done. A long argument ensued, in which Aldermen Davies, Purdv, Gedney, and Underwood, took part. The two lat. ter objected to any increase of pay, while the two former advocated it. The Chairman of the Committee that reported this resolution being absent, Alderman Purdv moved that the subject be laid on the table, which was adopted. The Committee on Lands and Places reported in favor of allowing the Comptroller to lease all the common lands of the 13th Wara for the term of ten years, at such rents per year, payable quarterly, as he may deem proper, said lands to revert to the Common Council in rase they should be required for public use, and not to be used for ice ponds. Adopted. The roll was called at this point, and Aldermen Leonard, Hatfield, Bonnell, Stewart, Carman and Lee were found to be absent. The rejiort of the Committee on Roads and Canals of the Assistants in favor of altering the grade of 34th an I 2Sth streets, between 6th and 8tn avenues, was concurred in. The Finance Committee presented a report recommending the appointment of Samuel Gilbert Jr. as an appraiser to settle the amount of rent to be paid by Hunt Randolph for lease of premises occupied by them at the corner of West and Fulton sta Adopted. ine joint rommuae 01 rire ana water reported sin iavor of employing the Sexton of the Preabyterian Church in Spring atreet, near Varick, to ring the bell of that Church m cases of fire, at $74 per annum, anil alao the bell ringer of the Church in Ulat atreet, near the Ninth Avenue at $40 per annum. Adopted. Thia plan waa a loptert in preference to placing a large bell on Clinton Market. The Committee on Streeta reported adveraely to the construction of a Sewer in Thames atreet. The Committeeon Streets reported in favor ot discontinuing lurther proceedings in opening li8th street, between Fitth and Sixth Avenues Laid on the table. rt)r Committeeon Laws concurred with the Board of Assistants ill pa) ing Henry M. Carpenter $244 06 for coats of an ej ictm-nt suit commenced against him by Philo T. Rugglesand Francis S. Brown. The suit was for ejectment frum a lot of land sold by the Corporation toMr. Cars penter when'he property belonged to the above named gentleman Adopted. Alderman Usdirwosd presented a resolution authorising the Comptroller to sell at public auction the following real estate Three houses and lota known as Noa. 37, 39 and 41 Bond at. The five story store corner |of Liberty and Oreen streets; feur houses and lots known as Nov. 1, 3,4 and 17 Third Avenue; house and lot on Hammond at running through to Perry at; the plot of ground at the corner of Beacn and Weatsts., and two lots on Water St., corner of Tike slip. Adopted And the Board adjourned to Monday next. Board or Assistant Aldermkn Spfcial Meeting, Fk . I. Pres ntthe President and a quorum. The minutes of the last meeting were dispensed with. Assistant Alderman Ward calle I up document 47, being the report of the Committee on Ferries, on the memorial of the Orand street and Williamshurgh Ferry Compa. nies, to be put in possession of certain property appertain ing thereto, and resolution*, that the superintendent of repairs cause the fence established between the Ferry Companies at Williamshurgh to be removed on the 1st of May next, and that the Companies be left to settle their claims upon said premises under their respective leases, and the Orand street Ferry be allowed the expenses incurred amounting to $4,440, excepting the sum ot $1,194, lor replacing rack and logs at Orand street in this city, and at Williamshurgh, of which such amount only shall be al lowed as the Street Committee deem just Adopted. Resolved, That when this Board adjourn it adjourn to next Monday week, and that the subject of Police Reform be the special order ef the day. By Assistant Alderman Brown, Resolved, That inquiry be made into the condition of the inmates of the Lunatic Asylum at BlackweH's Island. IO roa rs. -Of Street Committee in lavorof regulating 37th street between 8th and 10th avenues. Ot Assistant Alderman Ni:sritt in favor of leasine the lot of ^rotindon Battery Place to Mr. St. John, with the following amomlment to the resolution, vix : that the lea sae pay the taxes and that the time he tea years instead of five Concurred in. From the other Board A report in favor of paying Mr. Anderson, Chief Engineer, for extra services $333 Concurred ia. Same resolutions were passed, and the >ard adjourned to Feb. IS, 6 o'clock. Pm.i.KN Ac Corp. We thank these gentlemen for Albany papers of yesterday morning, three days in advance ot the mail! Bankrupt List. SOUTHERN DISTRICT OF NEW YORK. William Wiune, New York, late merchant ; BenBjah Q. Smith, New York, clerk ; John B. Matterthwaite, Now York,clerk ; Klishn Sherwood, N w York, clerk ; Nathaniel Washburn, New York, carpenter; John Woolsejr, Flat lands, Kings County, late merchant. Court af Common IMena. Before Judge Inglis. Jai*. 31. JhMingtnn 1). Fryt end Rahtrt L. Shawfi't. Ike New York muH Harlem Railroad Company The plaintills sued the defendants, because they i. fused to pay n small hill of about $600. The were as follows: The plaintiffs arc extensive manufacturers of nautical and mathematical instruments. The company wanted to use a number of instruments for surveying a track in Westcheater county, and directed theirchief engineer,Mr. Shloman, to purchase them wherever he could on the credit of the company. Accordingly, Mr. Shipman proreeded to the store of the plaintiffs, where he was well known, and ordered, among other things, a superior gome meter, valued at fun, which the plaintiffs were obliged to manufacture specially tor this company. Pay day came around, but there were no funds. Alter several fruitless < (torts to collect their bill, the plaintiffs instituted this tint, and it came on to he tried on Tuesday. The plaintiffs cat l"d Hhipman as a witness who stated that the amount claimed was correct, and that he had certified a similar bill to the company as correct. The defendants then stepped up, and insisted that they were not responsible lor the arts of their engineer; that thev knew nothing about the purchase of the instruments ui(]ue>tion, although they ask id the engineer to certify to their delivery, and received from him an inventory of the ' imp And they also insisted that It was the custom of all englueeifto lurniah their own instruments But the court and jury lookedupon this whole defence as being very small potatoes, met found a verdict for plaintills, <.'103 <1? For plaintiffs, James E. Beers For defendants, tlandford and Marivlu. W THE SOUTHERN MAIL. {>> The mail South of Washington did not arrive last night. Washington, f" 'trefpoiiJfuce of ihe Herald. I Washington, Tuesday Night,) Jan. 31,1843. 5 The Oregon Territory Army Bill General Jackson's Fine. The principal business done to day, was the passage et the Army Bill in the House, and Mr. Calhoun's speech in the Senate, on the Oregon Ques. tion. In the House, Mr. Clifford offered a resolution, instructing the Committee on Ways and Means to inquire and report to the House, what will be the probable receipts into the Treasury daring the current year from all sources ; and also what will be the amount of Treasuty charges during the same period ; and whether there will not be a deficiency to meet the current expences ol the Government; if so, to report the probable amount, and what measures ought to be adopted to supply the means. This was rejected. The Judiciary Committee reported against paying General Jackson's Fine, under any circumstan- k ces whatever. The Army Bill was then taken up, and the follow. ing amendments were concurred in, and the Bill was passed, and sent to the Senate 1. Hereafter, in all cibcs of appointment of Cadets, the individual selected shall be an actual resident of the Congressional district of the State or Territory from which the appointment purports to be made. 2. That hereafttr the number of Cadets shall be 1 I m it^ri fit flip nnmKiir nf I? n.ieoonntntiimo an/1 T^nln gates in Congress; and that each Congressional and Territorial district should be entitled to have one Cadet at the said Academy. 4. That hereafter no Board of Visiters, shall be appointed, unless otherwise ordered by Congress ayes 109, nays 51. 5. The appropriation for the Board of Visiters, as provided for in the bill, was, in accordaace with the above amendment, stricken out. The amendment appropriating $3,000 for extending and rendering more complete the meteorological observations at the several military posts, under the direction of the Surgeon General, was rejected. In the Senate to-day a great variety of unimportant business was transacted, among which about sixty private bills from the House were read, and engrossed. Petitions were presented for the erection of a floating dock from citizens of New York, by Mr. Tallmadge; against the repeal of the bankrupt law by Messrs. Wright and Miller; in favor of the repeal by Mr. Wright; in fnvor of the issue of government stock, and for relief of Amos Kendall, Dy Mr. Sturgeon, t.Vc. The joint resolution for the establishment of agencies for the inspection and purchase ol water rotted hemp in the States ot Kentucky and Missouri, for use of the U. S. Navy, was debated during the I morning hour by Messrs. Smith, of Indiana, Crittenokn, Behton, Bavard, King, and others, and put over till to-morrow. The debate on the Oregon bill was resumed by Mr. Calhoun, in an able and statesmanlike speech, which was listened to by a latge and attentive audience. Mr. C. said that it would be necessary in the discussion of this bill, to bear in mind that this is not a new subject, that a controversy has existed between this country and Great Britain as to this Oregon territory for many years; and that the present'measure extended to the whole territory from the northern boundary of Mexico in latitude 42 to the sountern point of the Russian possessions in 54. it will also be necessary to remember that many efforts have been made to adjust this claim, and that they have all heretolore proved untlw. g.. . i.. .., 1q1q rui.uv.cai Ui. i lie IIICI Ul (I1COC was IIIQUC 111 IOIO it failed to adjust the question of boundary between the two nations, but in lieu of it, and in order to preserve peace, it was stipulated that the country should be free and open to citizens of both the U. States and Great Britain. In 1824 another effort was made to adjust the question of title between the British agent and the distinguished citizen of Pennsylvania, who then represented our nation at the Court of St. James, but there proved to be a great difference between the parties which it was found impossible then to reconcile. The effort proved unsuccessful. The stipulation of 1818 provided that the territory should lie open for 10 years, an i just at the expiration of the ten years, in 1827, another effort was made by our minister, Mr. Gallatin, and after much time and trouble spent in negotiating, it was terminated by simply continuing the convention of 1818, adding only, that either party might annul it by giving one years notice. That was all that was done, and all that remained to do was to make some stipulation that neither country should take possession. Well, sir. it must also be borne m mind that from 1818 to this day, there has been scarcely a single session ofCoi gress in which efforts have not been mide in one of the two houses to assert the right of this nation to that territory. I well remember that the distinguished citizen of Kentucky, and alterwards Governor of that State (Gov. Floyd), persisted in bringing forward this measure, with a similar zeal and ability to the honorable Senator's from Missouri (Mr Linn) and that his efforts failed. Now, Mr. President, the question is presented to us, shall this bill share the fate of all its predecessors? Aud that question involves another, and one of the first magnitude, on the settlement of which must depend th fate of this bill, and that is, has the time now arrived that it will be expedient for us to assert and maintain our rights to that country 1 Sir, in "his discussion, I will not include the question of title to the territory, nor the expediency of occupying that territory, as an abstract thing, nor shall I notice the commercial and political advantages of that country, nor the usual conduct of Great Britain, ana her ambitious and grasping policy which has been so warmly commented upon by some gentleman during thisaebate. I will leave all of these points out of the question. I consider the real question to be has the time now arrived that it would be wise und ex|>edient to assert our rights to this territory as proposed by this bill 1 For this proposes to assert ourtitle, and that over the whole territory. Now, sir, I hold that it is not expedient for a plain and decisive reason, viz: that your attempt will be vain and fruitless, if resisted by Great Bri* tain. And that reason stands on anoihor equally plain and simple, because England can concentrate on that territory, a very great and powerful force, anil at far less expense than we can do. Sir; we seem to have forgotten the great occurrences which have recently taken place an the Hlastem continent. Within the last year all the forces possessed by 1 Great Britain have been liberated. She has just terminated a successful war with China, and has established a strong force on the shore directly opposite the Oregon. And what, sir, do you suppose is the distance across, from where they will have a powerful force planted lor years to come? Sir, it is less than five thous ind miles, and in a few weeks they can put a force there, which would be utterly irresistible to any we could oppose to it. The force she might send there, would be backed by that most hardy race of trappers, as well as the swarms ot Indians both within and beyon-' our lines. Now, sir, what do you suppose we can do on our part ? Sir, I begin with our Navy. And what is the distance to the mouth of the Columbia river in a naval point of view ? If you sail in a direct route, it is over 18,000 miles, or upwards of half the circum ference of the globe The ordinary is six months from New York to the mouth of the Columbia river. So, sir, the question of overcoming England there by water isseitled; no man can dream of it. Now, sir, what is our hope of sustaining our rights there by land ? From the State of Missouri to that country it is at least 2,000 miles, and one-half of that through an almost barren wilderness, affordi n or no nrnviomnu pvrptif t ho it a mo tlx. WeH, now if it be thus, it will take our army up wards of KM) days to go there ; they would be exhausted, Hnd worn out by the journey, and would be obliged to subsist only on such lood as they could procure by the rifle. Sir, these are incontestible. facts. No man can doubt them no man i ean gainsay them; in the present state of our population, there is an utter i'^jioseibility of our maintaining a foothold there, in case of taking a forcible possession And now the next question is, will Great Britain resist 1 On this question the whole matter turns. Gentlemen have for weeksbeen holding upto view the hostile movements of Great B'itain, her grasping and ambitious policy'towurds us, tec , and if such be her disposition, is there any reason to believe that she will allow us to take a quiet and peaceable possession there! Sir, I differ with Senators here. I believe thjit the British ministry are for peace that they Hr actuated by pure anil worthy motives; and especially has Sir Robert Peel shown himself, by hia late conduct, to be a man of great wisdom and sagacity. But, sir, while I believe that, I have not the slightest doubt lha England, in such a case, would fight. I do not say she will make war, but she will do as we do; nrid if we take possession, she will also; and going on ihere before us. and being in possession, we shall hnvr to put her out. And then, sir, she, being in l>osaeeeion, will make it a question ; and we, being out of posaeaeton, how much better settlement of titles shall be get? Sir, we shall be compelled to take one of two Hlternntivea either to shrink back or to make war; and if we make war the whole country 'a gone and that forever And should we do the former we should act haatilv and rash. Sir. I may ink volt what is to be done ? ^IthII we abandon this territory ? As bid as that would be, 1 know not but it would he better than to undertake war. It would he better ; hut here let me say that I do not perfectly igree with my honorable colleague (Mr Mclhiffie) that thia country is ol not innch value. I hold it to be of much value, in a commercial, and in every