Newspaper of The New York Herald, February 10, 1843, Page 2

Newspaper of The New York Herald dated February 10, 1843 Page 2
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NEW YORK HERALD. *ew York, Friday. February 10, 1843. lit I it hrlurrn Kngland and the I ill ltd Maltt? More Trouble Brewing. We learn from several respectable quarters, by the recent arrivals lr?in England, that great efforts are making among the holders of U. S. Slate stoc ks in London, to procure some active interference en the part of their own government in relerenco to these debts. The project is to get the British government to open a negociation for the assumption or liquidation of these debts by the U. S. general government? and if the latter refuses to interfere, then the former is to call upon the separate States as independencies to oav uo. or take the conseouences. We should noi be surprised if something of this kind were contemplated by the holders ot our State stocks in England. There is precedent lor it, we believe, 111 the history of England in relation to Spanish and other loreign loans. But we do not believe that the time is yet come to assume a hostile attitude on that point. It is more probable that the English bond holders will first attempt by money and influence to ojierate on the elections in this country. It the oohtical party that gives any indication of being favorable to the assumption of these debts by the general government, goes into a contest, the English stockjobbers and bond holders will endeavor, by every means in their power, to assist them with money, goods, chattels and every kind ol influence to carry the elections. Rich men,holding $100,000,000 by these stocks,could afford easily $10,000,000 or $20,000,000 to influence the elections in this country on such a question? and we do not suppose that any troublesome principle of morality would deter them from trying it. But should this fail, then we may expect trouble with England, not only on this question, but also on the Oregon uud other matters. All is not smooth inwardly that smiles outwardly. The Mails ami Expresses ?No mail came in from Boston yesterday, in consequence of the Nor wich Railroad being blocked up with snow. That railroad runs through the most "snowy" part of the United States. We are not without papers, however, from Boston, for Haroden & Co. arrived early in the afternoon by the way of New Haven, and gave us intelligence from the former place to Wednesday morning inclusive. And we must here state for the benefit of the post office department, that Monday's mail from that city did not reach here till yesterday noon. With these irregularities in the mails and regularities in the private expresses, would it not be utter folly in Congress to pass a law to kil| the latter! We suppose, however, that Uncle Sant begins to feel ashamed of the snail like pace of his mails, and finds that he must eitherjwhip uphiB own horses, or drive all other nags oil" the road. Packet Ship Montezuma.?Alter many delays occasioned by the late severe snew storm, it was decided that the famous Montezuma should be launched on Thursday afternoon at four o'clock. Accordingly quite a large concourse of j?eople assembled yesterday afternoon in Webb <fc Allen's shipyard, to see her take a dip into the liast River, which had been iced pretty much as Handy Andy iced champagne. She is a magnificent ship of more than a thousand tons burthen, and is an honor to New York. She tak-s the place of the North America in the old line ol .Liverpool packets, and | will sail hence on the 19th proximo. We think she will make quick trips. Who is tn command hetl Lncrkask of Literatitrk.?Part III of the re issue of Ure's Dictionary ol arts, manufactures and mines is iust out. It is for sale at the Herald Lierary Depot. No merchant, mechanic, indeed no library should be without a copy of this most valua" ble work. Also iust published the Book of the Navy and No. 2of Cooley's American in Egypt. These, too, can be had at this office. Lectt.'RE.?The modern sophists or lecturers are still busy, working hard to out talk Congress. Emerson, on New England?Neal,Stone, Benjamin Greeley Ac Co. on the rights of women?besides many others, are still filling the city with talk?and making " the night hideous." A man who raises two hills of small potatoes, where only one grew before, is more useful in his dav and ceneration than these eternal talk ere W? would put all these modem sophists into petticoats, and set them a sewing. Fashionable Movements.?Two splendid Bachelors' Balls are projected by the (lite, to be given on Tuesday next, the 14'h ? one at Niblo's Saloon?the j other at Tammany Hall. A full account of the preparations hereafter. Lost Yesterday.?A person lost yesterday, in Broadway, or in an omnibus, somewhere between Chambers street and Fonrth, a bunch of five small keys, two of which were brass?all on a ring. A reward will be given to the finder at this office. Do it.?We do beg Captain Tyler to appoint James Kelly to something, or we shall certainly faint. Welch's Olympic Circis.?The most attractive and orderly place of amusement in the city, is Welch's Circus at the Bark Theatre. Families and parties can here witness the delightful sports ol the arena, without offence to the most sensitive?the l?erformances are in the highest degree moral, instructive and amusing, in which every member of the family circle can participate with pleasure and enthusiasm. The new pantomime is triumphantly successful, and will be performed this evening with increased effect. City Intelligence. A Blotch upon the City Government?Yesterday and the day previous, two sleigh loads of unfortunate and distressed poor, who were sent to Blackwell's Island as vagrants, were compelled to wait at the foot of 61st street, exposed to the severity of the weather, until one poor unfortunate nearly expired from cold. It is a disgrace to the city that they have not long since purchased propeity sufficient at the foot of that street to erect a building to protect those who are to be taken across, and also to prevent the escape of the boatmen who every few days are among the missing. Discharok of Yorcto Wakrfr.?This young majt, j charged with being concerned in the mutiny on board the United States brig Somers, was brought before Judge Oakley, of the Superior Court, in chambers, yesterday, when ths following opinion was given, and the applicant discharged from prison :? " In the matter of the application of 8amu?l B. Warner, on Kmbtai corput for a durhargeof hiaaon Oeo. W.Warner, " Vt appearing t>y the return made to the writ of habaaa corpus in their behalf, together with the admiaaion of the coun?el,that the ttrm of serrice ol aaid George W. Warner hat expired, and no legal rauae being ahown for hi* impriaonment or restraint, by virtue of the authority in roe tseated, I do hereby diacharge aaid Oeorge W. Warner from the cuatody or restraint under which he ii held a* set forth in aaid return. \ , THOMAS J. OAKLEY." v February 9th, 1943. ^ Policr.?The attendance of thrives and rogues at the police offices yesterday wer<- few. a midnight prowler who says his name is Wrn Reed, was ju^ged for breaking open the store of Wm. 11. H il-t. d 24 Washington street, and stealing 2T? smoked hams A daring desperate rascal, with his associai , entered the hall door of a dwelling and M'dt on retreating they were discovered and one held the door on the outside while his companion ran away with the stolen article. The preventive system as introduced by Ju dice Mstsell continues to work well. Kru/.wi to Dkath ? A man whose name is un- ' known was tound in a stcamhoal boiler in a yard I in the uimr ...n ..r >k. t 7 I ,,i me viiy iiiiku ii> ursin A youne min named I>anie| Andrews died suddenly on Wednesday evening, at the oyster house ol Win Smith, enrner of Mulberry snd Broome htn em. He had b-. ii ?; i umng lor several ol shortness ol hfa' n and ill. ! Ir >in congestr 'i ol the lungs. M ..ii i h'otiMi. \ ir i mi hi (.| over cents supposed til have lie.',I Stolen Irmii I he hills nl dwell ing-, iV*c , lire in possession ol officer llak-r of th? |<i wer police, who will restore them to the proper owners on application at the cilice, Urntrtl MchIohi. Before Recorder Tallmadge, Judge Lynch, au<l Alder manCroliut and Jones. Jamo* R. Whiting, Ksq., District Attorney. Fi a 3ih?.frWAoiiy Dry r*. Jamts Gordon Utnnttl. On the opening ot the Coui t yeeterday, the Distlict Attorney an I the counsel lor deleuce entered into a somewhat lengthened at gum- lit respecting the sdnmxibility ot the testimony of Mr. Dey 'a creditor*. The RseOhDKH gave the decision of the Court aa .ollow - It has been protwrly remarked, that the party indicted for a llbrl, can < fT-r testimony in proof ot the truth afthe publication, t here is such a provision in our Consi ' " ion. ,.n.t in th iii#n ol ttie ( uUi t tins rule 1- app c.i le, not only to direct and positive charges which are lilx llous, hut alao to cures where the charge arises by imputation, or is fairly deducible from the language, however cautiously guarded. Many casee may occur in whirh a mere interrogatory may convey a eharge as atrsngly, and may tie equally destructive of character, as a direct imputation. It such a charge he made in the allege! libel, or ia deducible trom the language employed in it, the Constitutional provision ia applicable, and the testimony cleanly admissible. In the prusent publication, Mr. Duy's ease is represented as remarkable and singular on account of the vast number of debts incurred.and the great number of distinct classes of individuals enumerated in the schedule. 1 And but one expression which would imply a want ol integrity or honesty,and that is when it is said"lhe | case of Mr Dey will be found to be one of great richness in morals " The expression here used ma) imply a want of integrity on the part of Mr Dev. But the very next sentence would seem to neutralize that meaning, for it is added, "no blame is attributable to Mr. Dey, as he seems to hare been bowed down for years under that system of domestic economy, IStc. Dey is, then, rather represented as a visionary and speculative man, who had contracted an unusual number of small debts with many persons in the community. The object, then, in the view of the Court, of this publication, was rather to hold him up to ridicule th-m to charge him with fraud. The defendant, therefore, is prohibited from offering evidence ol fraud when no fraud is charged to have been committed. In addition to which 1 would remark, that the admission of the District Attorney w ouid seem to conform to this opinion. The District Attorney does not mean to charge that Mr. Bennett meant te impute fraud to Mr. Dey in incurring debt and in his proceedings in tha court of bankruptcy ?that he has merely been held up to public ridicule, excluding entire* ly the idea to rebut which the testimony is offered. Mr. Jordan.?We beg leave, your Honor, to except to this opinion of the Court* Mr. Morrill then requested the District Attorney to menuon the authority on which he meant to rely in submitting the case to the Jury. This request was immediately responded to by the District Attorney. Mr. MoaaiLL then commenced the summing up on the part of the.deience. He contended in a very able manner that the publication in question was fully sustained by the schedules of Mr. Dey?documents which were public property, and which it was perfeutly proper in Mr. Bennett to lay before the |world Mr. M. commented with great effect on the schedule itself, and showed that any ridiaule which had been excited belonged only to that document?that it was Mr. Dey himself who had exhibited his past career in a ridiculous aspect to the public eye. Mr. M. quoted from Rotcoe, p. 626, and showed conclusively that there was not a particle of evidence that Mr. Bennett was actuated by malicious motives. Mr. Morrill concluded by a very eloquent defence ol the freedom ol the press, and the propriety and salutary tendency of the publication charged as libellous. We regret that our limits prevent us from giving mere than this meagre outline of this able speech. Mr. Jordan then addressed the jllry?t confess, gentlemen of the Jury, said he, that I scarcely can excuse my self for detaining you for a moment upon a subject that has, by the ruling of the Court in regard to the evidence, been so circumscribed, and all the legal points of which have already been so lully discussed and developed, and, as I presume, understood by the Jury. If it were a case embracing a great amount of testimony, of complicated facts sworn to by witnesses which needed array, and which Irons the great length of the trial, might hare escaped your memory, and so required to be recalled to would be a very different matter ? Rut von I Iko m.II? . .L ! j rww?.w ? ; tuoiuuug UIIUCVUUll lUUl IUCIL" IB very little evidence except what consist* in these papers. The papers are before you in evidence, and it will be your right to take them into the jury-box during your deliberations. Now it cannot be expected that in this state of things there can be much said to enlighten or instruct the Jury upon the case I presume that you are now as much in possession of the law and the facts in the case, as you will be when the counsel, as well for the defence as the prosecution, shall hava been adduced, and the charge of the Court delivered. Kvery thing has been thorougkiy dlaCBSSnd already, and any thing 1 can otfer must be even now in your possession. But as it seems to be the disposition ot the District Attorney to sum up this case on the part ot the people, and I presume not from the simple influence of the duty of discharging his oflice ; for I am sure that could not have compelkd him to take up this prosecution?but there is an individual who sits behind him, and comes into Court to prosecute this indictment with what spirit and intent 1 am willing to lot you judge?whether with an intent simply to vindicate the laws from the invasion of the defendant in his newspaper remarks, or whether in a ipint o! vengeance, and a desire to put his hand, a heavy and crushing hand, the hand of the law wielded hy the District Attorney on thedefendant in this case, 1 leave y ou to judge. 1 am aware that there are a class of indiviImls in this community who think that James Gordon Bennett ought to be punished on every occasion. Therw are men of high strung morality and jiiety, of extraordinary purity and virtue, like Anthony Dey, the prosecutor in tun case, that think James Gordon Bennett cannot be punished amiss, and that it he were indicted for a burglary he ought to be punished for a libel, if there was nothing else against him. In their opinion, no matter with what crime he is charged he ought to be punished for the good of his soul hereafter! (laughter). Now I hive to assure you that my client has no more taste for being punished, or held lip at the bar of justice to have bis merits or his faults overhauled, than any one of you. I know Mr. Bennett personally . 1 was taught to believe, as I suppose Mr. Dey was taught to believe, thHt Mr. Bennett was a perfect savage I \peeled to meet a tiger. I bad no idea that n man who was so much spoken ugamst could be human. But I found | him a retiring, modest, sensible, gentlemanly man. He h .s edited a paper, to be sure, ami you know its character as well as I do. There have been many things published in that paper which I do not approve, w-iuch I have no doubt Mr. Bennett, on mature reflection, would now wish omitted. Many things have appeared in it formerly which would not, I am confident, now receive admission into its columns. But, gentlemen, with that you have nothing to do. All wei ave now to do is, to try James Gordon Bennett for this alleged libel against Anthony Dey. Vou are not to turn censors of the public press in general. You are not to point out by vour verdict that a man who o I>er must pursue just inch a particular course, and no other, on pain of being indicted, dragged before the judicial tribunals ol his country, an i there punished tor transgressing the prescribed limits. It would be an outrage on common sense, on all law, on descency,on your feelings and integrity, if the District Attorney, or any one else, should have the hardihood to call on you to convict this defendant for any offence except that charged in this indictment. Let rae now call your attention ior a short time to the indictment before you. Mr. Dennett is accused hereof publishing a certain article in his paper which is set forth in the indictment, and purports to be in the first place an account of Mr. Dey's application for the benefit of the bankrupt law : and Mr. Bennett givea an aecount of the schedules of that gentleman's debts and assets. Now, I am not going to wade through these seventy-six pages of foolscap. I am not going to calf your attention particularly or minutely to the schedule of Mr. Dey, nor the report of it as published by Mr. Bennett. I only challenge you, if you nave any doubt of the accuracy of the report, to compare it with the document itself, as taken from the files of the District Court. There is not the slightest discrepancy?no garbling,no distortion of facts, no suppression ol important truth. Mr. Bennettun dertakesto give a list of the classes of creditors of Mr. Dey. He does not name every creditor, but he gives us a list ot the "classes and massei" of them, and I suppose there is nothing libellous in his using the word "masses," which chimes very prettily with "classes." 11? begins with ths "administrators," and " butchers" and " bakers," and he goes on with the enumeration of the various classes ol individuals to whom Mr. Dey got indebted. Now, take up the schedules, and you find that all this is true to a syllable. There is not a single person nor class named in the publication which is not to be found in ths schedule. Well, then, Mr. Bennett goes on to describethe " assets" ol Mr. Dev, and his description you will find is strictly faithful. There were " psalmb .oks" and " bibles" and "pews," as pertaining to Mr. Dey's religious character. And then there were " sold mines" and " poudrette" and " Land Company'? stock "'and " flax dressing machines," and I know not what?'mt a wonderful variety and admixture of property. And It turns out that Mr Bennett in reality gives Mr. Dey more credit for property than he deaervea; lor whilst it appear* that all his property which was really worth anything had been assigned to favorite creditors, Mr. Bennett docs not state that, hut overlooks it, a* one might very readily do in looking over the schedules hastily. Now I ask you, s<> far as all this is concerned, is there any thing wrong? The District Attorney has disavowed the imputation that Mr. Bennett intended to charge Mr. Dey with getting into iluht fraudulently. Mr. Bennett has charged no such thing, and the District Attorney is precluded Irom pressing any such charge Where then is the moral offence?the legal offence of Mr. Bennett, in publiahing this schedule? Mr. Bennett has told the truth ?he has " extenuated nothing, nor aught act down in malice." Are not the records of our conrts public property? Are they not open to the public? Is not every editor at liberty to publish copies of them, provided they arc correct, and not garbled or distorted? Now in this stage of the pro ( endings, I say that this dis|>oses of the whole matter? these are all the facts charged in the indictment, or rather all the facts stated ni the publication of Mr. Bennett, for 1. u i i!-i -J . ? . Iic?iauu? iiiuivicu. Iir nn pUIUUUiea B 1181 OI nil debts and assets, and he has stated these matters ua matters of fact, and these are the only statement* which he hai made. Now, let ua aee whether a man can puhliah the truth or not in this cane. The District Attorney's doctrine i* a moat alarming one?it i* the odiotta doctrine of the s-ar 'Mi?nti er. It i?a doctrine ol thecommon I iw?i 'lor , irit.e ol thecommon law so odiotta, ?o stubborn as it ??? mdid i iwn to ua from the mother country, that r opb ol t'lia State ton ml it imc -sary to incorporate in uni cor.Attrition that which completely overthrows it.? I ! g< Mtmi baa pro !uce?l heie Iroin the South Caroliin reporta, a ra?p jn which the broad doctrine is maintain. . I that tie 'run, .,1 H 11M elial 1 not l e given in evidence. What portion ot that h> may think projier to read Ido not know. 1 tell you, however, that the substance of that *. holecaie is this and thm imply, that upon an indict riient (or lih' . t - truth shall not in anv cane he given in vi lenc* That cs?e was decided in 1811. Whether any uii?itutional proviaion hat aince that time been iritrolured , I that State, we neither know t,0r care 1 need not tell you that no decision of the Court ot Appeals of south i. urolin i can overturn the constitution of this State Why, pi ntlenie.i, tlie constitutional proviaion is plain aa itij thing < an lie made. "Every Citizen may lreely rja'ak w rite and publish Ins aentimeiiU on nil sii> j<?-1*, r, sponsible for the abuse ol that ngnt atio no law shall tie . i e I to r.-s'rain or nbri bp* the liberty ot spee h or ot the pi?k?. In all | ros-cution* and indictmenta tor Ido l, the ruth mav he given in evidence to the jury , and if it a;, pear tot lie i ii ry that the matter charged as Itbelloua lit rue a I i lisln-,1 w ttIi coo motive* Hid 'ol justifiable i i, '., [ the | arty accused i ,11 stand aci|iiiited ; and the jura 'i n right to aune ! dh to law tin" tact', n 11 you to understan I me on tin* point perfectly. The | . .strict Aitoiney admi'teij, u I rightly understand him, that a newspaper editor had a right to pnhliik any com- b mentanea or argument! upon religion, science, the arts, c politic!, metlsUres of the government, public officials,and candidates lor putilic office, provided the irnth be uni- > tormly R|<oken To these subjects be restricted the press ' He drilled that it had any right to publish anything in re gard to private individuals, or to invade the sanctity ol J the domestic circle and private life. In short the District Attorney denies that a man has a right to publish any- 1 thing ahout a p rivate man at all. That is what we com 1 plain of in lhn doctrine. The District Attorney takes the ' broad question that ever) thing said ol u pi ivate man inn 1 private situation, is libellous. Now csn j on lied any doctrine of thai kind in the language ol this lawl 1 admit that the District Attorney is in general high legul audio rity. that he understands, and desires to interpret justly, ' the law s of his country; but I ack him where does he find ' any foundation for such a doctrine in the lamr that "Everj 1 oilmen may treely writs find apeak hi* aentimenta, Ac " j ' In all case*"? in r< lation to all matters"?there is not a j single exception?provided the publication lie due am! J done with good motives and for justifiable ends it is not h- 1 j beilous 1 speak it with great rrspect that the District At | terney is altogether wrong on this point. We have a right | ! to publish any thing that takes place in private lifa provided it be true, and done with good motives and lor justifia ' ble ends. I freely admit th-1 w hen one goes into private hie J for the purpose of exhibiting a man's little faults and loi- ' bles?in all cases of such officious intermeddling the law ' very properly pronounces prima Jarir that it has been done witnout a proper motive and without justifiable ends. ' And ol whomsoever thus descends into private lile.the law I requires strong affirmative evidence that he has acted w ith 1 good motives and for justifiable ends. But the ground ' which I took the other day, and which I still maintain,and which has been amply discussed beiore you, and you will 1 seethe reasonableness of it, aud its accordance with the ' law- 1 contend that the law permits the publication of any 1 thing about any one, provided it be true, and published 1 with good motives and for justifiable ends. Now if all that wc have puhlishedof Anthony Dey be true?and 1 ; defy the powers ot incredulity to doubt that it is true'?then the enly qUestion remaining is 1 ?had we a justifiable end, and wero we actuated by proper motives ? Did we do it maliciously for the purpose of slandering Mr. Dey, a man who was a ' stranger to the defendant, and where there was no acquaintance fiom which malice could be inferred ? or did we do it for the purpose of carrying out our discussions on soma of the great principles ot government ? or perhaps I might with more propriety say, the principles which have governed the business men of this conr inanity for the last four or five years 1 Now, it must appear to the Jury that it is done with good motives and for justifiable ends I beg you to attend particulaily to that part of the languageofthis clause of the constitution?" And if it shall appear to the Jury that the matter, charged as libellous, is true, and published with good motives and for justifiable j ends, the party accused shall stand acquitted.'' Now, it is not necessary for us to adduce absolute proof that he did it out of good will or kindness to Anthony Dey?that he done it to exalt him or give the community a better opinion of him. It is sufficient that it appear te you either 1 trom the nature of the publication or subject matter ot it, or trom any other source that it was done with justifiable motives, and for proper ends; then you shall, by the constitution of your country, acquit James Oordon Bennett. I care not what clamors may have been raised against him ?1 care not with what holy malice and zeal the prosecutor may be filled?if he has published the tt-uth, and that with good motives and for proper ends, he is to be acquitted Whojwould think, 1 would ask, of indicting the editors of the public press in this city for publishing the records of this f!riminn! r,nnrl? Ami vat \ritK a/mal ? ?- / ? p?r?n; ?"5?i they be indicted lor doing go, as for publishing the records of another Court, for the purpose of exhibiting the tollies and extravagance of men. The object in publishing the trials and convictiocs of the candidates for Sing Sing, is to put the Community on their guard, und to serve the cause of morality and the good order of society. With a similar meritorious and justifiable object ot correcting the standard of business morality .has the publication complained of been published. If the doctrine of the District Attorney is to be carried out, why does he not bring an indictment against the editor who has published that such and such men have been convicted of theft and sentenced to the penitentiary. Might not such a publication be just as well indicted as that which is now complained of, which merely faithfully describes a schedule, in itself supremely ridiculous) Most certainly. Are any such distinctions to be made! Is not the humblest culprit at this bar as much under the protection of the law as James Gordon Bennett? And if Mr. Bennett is liable to a prosecution fir libel on this ground, at the suit ol Anthony Dey, why not the editor who publishes the tact of the conviction of the thief? Need I any longer urge that for publishing the truth in relation to this application for the Bankrupt Law, Mr. Bennett has b.'en guilty of no 1 libel ? Is there any thing which shows that lie published it maliciously ? I only refer you to the languagoof the j publication itself He calls Mr. Dey " a gentleman,'' ami 1 there is as much slander in the application ol that epithet, j as there is in any other part of the publication. Huculls Mr. Dey an'* eminent lawyer, a man of business and a ' Christian.'' He says that he was represented as a man ' worth $200,000 shortly before he failed?and that we have ' seen to be true by Mr. Beach, who swears he does not 1 know what poudrette is. (Laughter.) We sontend, gen- J tinmen, that all our statements are true. We contend that Mr. Bennett has published the truth for the purpose of ' giving to the community information in relation to the 1 operations of the Bankrupt Law and the credit system, and did in fact, w hat, according to the doctrine of the Di*- j trict Attorney, he was clearly authorized to do. Now 1 comes the remaining question, has Mr. Bennett hold Anthony Dey up to public scora,contempt and indignation 1 1 There arc some men, gentlemen, I suppose, who think that from the peculiar situation they occupy in society, their persons and all their concerns arc rendered sacred. I have no doubt that Mr. Dey regards himself as such a personage, that for Mr. Bennett to mention only his name in his paper is libellous. But, gentle, men, I do not know that you are hound so to regard Mr. Dev. 1 do not apprehend that he has any peculiar immunities which do not belong to his fellow citizens. I, or a >y of you, have just as good a right to regard the publication of our names in Mr. Bennett's paper as an insuit, as Mr. Pev mav fancv himself to rxissesa. 1 Jo not suppoae that yen will be lei to believe thut Mr. Bennett i* hound to refrain Irom all mention of the name ot Anthony Dey. But what has Mr. Bennett really sniJ about Anthony Dey ? Has he charged him with uny crime or iTB'td 1 Mot at till. With any offence against morals? No. 1 ask t ou seriously, gentlemen of the jury, has Mr. Bennett charged Mr. Dey with any moral turpitude, or crime, or fraud? I say he has not. lias Mr. Bennett represented Mr. Dey in any ridiculous aspect, iudepen lent of the facts as set forth in the schedule ittell ?? Has Mr. Bennett gone into Mr. Dey's private family circle? Has he invaded the sanctity of the private circle ? Has he spoken of any personal deformities, or any private foibles. Not at all. There is on the contrary a striking forbearance on the part of Mr. Bennett. He has, I think I can safely say, manifested a cautious determination on hii part not to put forth a single remark or circumstance calculated to injure the feelings of Mr. Dey, except in those light and playful remarks to which I shall call your attention by and by. What, Iatk again and again, is there in the remarkt of Mr. Bennett, independent of the /acts I sAoirri to he true, that is calculatad to make Mr. Dey ridiculous ' Mr. Jordan then commented at considerable length on 1 the language in the alleged libel, and showed conafusively, that it was altogether destitute of malice,?that it'was couched in friendly terms, and not at all calculated to slander or defame the character of Mr. Dey. He asked if I the jury werethere to try the propriety of Mr. Bennett's 1 literary taste ? Was it for the purpose of erecting a stan- < dard of literary taste, by which all newspaper editors i were to Da regulated, that indictment had been brought? 1 Surely not. The only question for the jury was, whether the publication had been made with good motives and jury that will aid the complaiuant in hi* vindictive effort" to cruih a newspaper editor for the faithful discharge of hia function!. 1 trust there ia honor and joitice enough in that jury to ?ay, " Mr. Day, vou should not have come into court?you should have allowed these remarks to pass | unnoticed. Your schedule stands itself an imperishable monument of your folly and extravagance. The record ol your madness and folly is already written plainly enough in the sufferings of beggared widows and orphans" ?for, gentlemen, there are administrators' and trustees' estates which have been wronged and ruined by these speculations. " You should have kept out of court, and net added notoriety to that injustice, which, whether intended or not, is permanently recorded in your own schedules." Mr. Wiimno's Speech.?In consequence of the lateness of the hour, it is impossible to write out lor to-day's paper, the notesof Mr. Whiting's very ablespeech, which he felt called upon to make in reply to Mr. Jordan's address to the jury. He laid down the law at length, and cited numerous authorities. He claimed, according to the constitution of eur State, that " Every citizen may freely speak, write, and publish his sentiments on all jubjeclt (such as law, religion, politics, Brandreth's pills, Sic.)? not on all individtialt. lie maintained that there was a difference between the private citizen and the public citizen ?that the editor might speak of the one, but not of the other. Bv reference to the charge of the Recorder, it will be seen that this doctrine was wholly upset. He paid Mr. i Jordan a very handsome compliment, calling liim a protound lawyer, a strong and powerful reasoner, and an nlooiient nralor. He uid he alinuM rniilmvAr ia Mr. Bennett'*conviction an<l punishment, if the evidence , and the facts would justify it: he should endeavor to prove, tii at upon the face of this publication, Mr. Bennett has stated a plain, clear, flat, and palpable falsehood. I shall show you, gentlemen of the jury, that Mr. Bennett has falaiflod the truth in the matter of that balance of one cent. The rash account'correctly stated, stands thas Cash Account. Ctnti. 14th Nov. bought 3 candles, 39 17th Nov. cash on hand, 38 From which it appears, gentlemen of the jury, that so far from Mr. Dey's owing n balance of onecent to some un. known creditor, he actually had 39 cents on hand. And I shall contend, gentlemen of the Jury, that Mr. Bennett has falsified the truth in this mattpr of the onecent ha lance in a very material point to mv client's case. I herefore this paper has a material falsehood upon its face There is also another statement tqnally false ; I teler to the asseitiou that Mr. D'j 'a " pen ii?.ilms and bibles are equal in-alv lion to B9,IMI,7?tfl 37).'' We deny that such In act It ain't truethat this $3,166,706 37J in the curt -ncy uf the New Jerusalem are calculate*! to help Mr. lley to heaven. And I assert, boldly ami fearlessly, that Mr. Bennett has uttered a falsehood in stating it.? Mr. Whiting pronounced a most eloquent eulogium ii|>on the Herald. He said it was Mr. Bennett's pride anil glory that his paper was circulated in avery land and in every clime upon which the sun in the flrmamvntof heaven ever shone. If you goto England you find it tl ere. In France it Is almost tha only American paper that can be found upon file. It penetrates through the pathless snows and ilruary wilds of Russia. Upon thasummit of the Alps you may see it. If you travel to India you find It. It may be found in Switzerland and (Jcrmany?upon the seven hills of ancient Rome, and upon the time-huuorrd and classic soil, and beneath the balmy skies of Italy, there i jon may read the Herald. Crossover the Ilosphorus?fo into Asia?and, in short, irhrrn ir the Km-hah language ' ii spnkm or trantlated, there don the New York I Iferald circulate In view of this Immense circu- | lation, and oi tl is immense power wielded l.y one in III \tt nir soot/., of Ik. or. a I cnnlinn ,...,1 I livriition whit h ?liouM hv med in conducting th? |i?p?i | Mr. Wliitin t touched ti|0ti Hlnioid every tiling pertaining to the cute, not forgetting even the matter of jioudrrllr 1 upon which he dwelt lit length, and pronounced ;i mum j lu'ifnl eulnvium lie alfo pronounced another eulo ?:e.:n upon ti,. . i< !r r\ iem, upori which our fore ' itli r e ought and Ided, and ile I. In evidence that the article in ! question wwracy.ipicy.and calculated to excite li.licule, 1 ie appealed to the effect which the mere reading of it in ourt had produced upon all who had heard it. Wat there i military individual in that room, uot excepting even the lodge upon the bench, who did not laugh outright 7 tome rem irks haJ been made about black mail. Mr iVhiting Mated that Mr. Deyixprcted that Mr. Bennett vould come into Court and nay that tome rich creditor mdcome to linn tnd otto ed to give Mr. lienrn tt to much i he would publish the articlo; ind that hftjwould lay to the tourt, that Mr. So and So, a responsible man, had given lim so much to publish the article, ami he had accordugly done it. But Mr. Bennett had done no such thing. The Ukcokdkh then delivered the following CHAKGK. grwtlkmrn or ths: jubt Mr. Bennett it indie,tedfor in alleged libel upon the chaiacter and reputation of Mr. Anthony Dey. 1 c-i1 hardly deerit it neCestary to detain |tou long w ith any remarks on the law or Iflcts of the case isthev have been to fully examined by the counsel. The aw of libel hat undergone a very imjiortant change under he Constitution of our Sta'e. (The Recorder here read he clause in the Conatitution, which at we have again tnd again quoted, need not he here repeated ) The law wat formerly very different. A libel, gentlemen, has been defined to he a malicious defamation, expressed eiher in printing or writing, and tending either to blacken he memory of one that is dead, or the rrputa'ion of one :hat is alivr, and expose him to public hatred, contempt or ridicule. The publication of the alleged libel has heea admitted in this caae by the defendant, and he only questions for you to decide are, is the publication libellous, and has it been done with " good motives and for justifiable ends V And is that which is charged to be libellous true its fact ? It is not charged on the part of the prosecution that the alleged libal imputes Fraud, or criminality, or corruption to Mr. Dey. But that on the contrary, it holds him up to public ridicule, and incites public contempt. It is not necessary, however, that a publicaton to be libellous should impute fraud or crimi nality, nor even that it should be false in all cases. The holding of in individual up to public contempt, contume ly and scon is libellous, and for the simple reason that it tends to a breach of the public peace. Wherethere is n private wrong there is in all cases a corresponding private remedy, and in that respect it may not De indictuble, because the public have no interest in it. But where it afreets the public peace, it becomes in all cases indictable. Thus it is that an assault and battery, or a vlolenco committed on an individual, as it tends to a breach of the public peace is iudictable, although it does not deprive the individuulofhis private redress for the injury. I remarked also that it is not necessary in all cases that the libel should be false. Many remarks may be made in a public paper tending to espose an ^individual to ridicule by describing some persosal deformity which really exis's, but yet these remarks will properly be held to be libellous. The first question, gentlemen, that would naturally present itself to your minds, is what is the character of the puhiicatioa before you in this easel It is alleged, on the part of the prosecution, that the publication is calculated tehold Mr. Bey up to ridicule, and thereby to produce a breach of the public peaco. On the other hand, it is stated that the publication is innocent in its tendency?that it is playful or spirited?that it charges no fraud nor immorality, nor does it exceed those bounds applicable to the liberty of tne press. It is also stated, on the part of defence, that his indiscretions in contracting debts, and embarking in injudicious speculations,should he held up as a beacon and wsrningto others?that therefore Mr. Bennett was fully justified in making these remark. [The Recorder here succinctly summed up the arguments of counsel and he proceeded.] Remarks have been made here in relation to the liberty of the press. The law was formerly, as I stated it, that any publication, however true, might l>e libellous, and the remark you have probably all heard, "the greater the truth the greater the libel." However true, if the remarks made were calculated to hold a person up to ridicule, they were libellous, and the truth could not be given in evidence. The only question then was, what is the effect on the individual and the public mind? Is it cal culatedto cast reproach on tne individual? If so, it is libellous. But our constitution has adopted a new principle, and one of which I think all must approve; to wit, that when the truth is spoken, and the motive and ends are good, the truth can be given in evidence, the Jury being the judges whether the motives and end were sulficient to jusiify the publication. You will also perceive from that section of tne Constitution which I read, that an individual may publish precisely what he thinks matter how libellous or censorious, but he is held at the same time responsible for the publication, and far the abuse of his right. In some countries censors of the press are appointed, and have the power of prohibiting the publication of works submitted to them, which may not accord with their views of politics, policy, or religion. In this free country the only censorship of the press is that which is exercised by the Jury. You are the only recognised censors of the press. It has been repeatedly asserted the press is at liberty to animadvert on public men, but not on private individuals I do not know any such di? motion. You h i ve the same right to assail a private man is a public man. Both have the same protection, and liids against both are judged by precisely the same rules >1 law. The only distinction of which I am aware, ha? espect to the probable motives and objects of the publicsion in each c'ase. It not unfrequentty happens, genttenen, that in cases of this description counsel indulge libirally in declamation respecting the freedom of Um press rhe alarm is often on those occasions Hotiuded, that if > on restrain such publications you restrict the liberty of the press. No man, gentlemen, admires more than 1 do, and would make greater efforts to sustain the liberty of the preif, but I am bound to respect the limits assigned to it by the constitution. The influence of the press in diffusing correct principles in science, in morals, in civil government, and in maintaining the best interests of society is immense It is when properly regulated a source of infinite blessing. But on the contrary, when it descends to attack privatt reputation, with bad motives, to gratify vindictive feelings, to expose individuals unjustly to ridicule, it becomei a loathsome reptile, whose very touch is degradation whose breath is poisou, and whose bite is death. Gentlemen, I do not intend to occupy more of your time. 1 hav< called your attention to the great and fundamental princi pie of the law of libel, and I am happy that incases o this kind, the court can, at they are hound to do, repose ir the good seme oi the jury for the decision whether th? publication has been true, and done with good motive* and for justifiable ends. That duty rests on you, and you alone. If in the publication made by Mr. Bennett in reia tion to Mr. Dev. he was actuated by good motives, and foi the attainment of good ends?if it were done lor the pur pose of exposing his indiscretious and extravagance, am: so warning the public against pursuing a similar course without inculpating Mr. Dey's morality, his character, oi his standing, you may then say that his motives were com mendahle, an 1 that he is not guilty of a libel But if, on thi other hand,you consider that the publication was mad< from vindictive feelings, or merely forthe purpose of gra tifying his own passion to assail the character of individu alt ,'and to amuse a portion of the public, or it from any mnr. v enal ) mi/in ca, lut u n ib cicany nueiiuiie, hru ii ut cuinr! your duty oo to pronounce it. In the performance of your rluty, Gentlemen, I am confident that in accordance with the oath you have taken, you will carefully examine the whole subject, and draw the linee which I have endeavored to describe; and that your own good feme at enlightened, and guided by the viewf of the counit-1 ind of the Court, will lead you to cenclutionf sustained by your own comciences and aatiafactory to the community. With theie remarkf, Gentlemen, the Court ?ub. mit the case to your consideration. The Jury then retired under charge of an officer. CowcLUfion. After the Jury had been out nine time, they came into "tourt unable to agree, standing 7 to A. One of the Jurors Mr. Daniel Robbins, arose and stated that several of hit somrades wished to know, if the publication of thf schedules and remarks were calculated to hold Mr. Dey up to ridicule, then were they libellous. RicoaDxa?They are. And then the question will be are they' made for a justifiable end 1 Mr. Rorrixi.?For myself and those who agree with me, I would say that we think Mr. Bennett is fully justi liable in publishing the article in question. We think il was his duty to do so. vVe think he has conferred a favoi on the community by publishing the whole matter to th< world. To deprive Mr. Bennett of such a rijht, would b? an infraction of the rights of every private citir.en as guar anteed to him hy our democratic institutions. (Applaused Mr. Robsisi said howeuld put ono more question tc his Honor the Recorder. It is this : If a juror should think Mr. Bennett justifiable in publishing these remarks would it be right for him to give a verdict of guilty 7 Recorder?Most certainly not. The Jury then retired again. In about half an houi they returned, declaring that although they now stood six to six, yet there was not the remotest probability o their ever agreeing. We therefore end the report thus:? The Jury disagreed?stood 6 to 6?and were discharged. Tint Lady's World.?We understand that Mr Peterson, the publisher of this popular lady's maga zine, has engaged Mrs. Ann S. Stephens, ourtowns woman, as editor of his work. This is a wise selection. Mrs. Stenliens is nerhnna the b?>?i (umiL writer the country affords. Her prize tale of " Mary Dement" has never been equalled, while Iter subsequent stories, such as " Alice Copley," " Molina Gray," "The Two Dukes," and others, have sunk deep into the hearts of her readers. With her rffi cient pen, added to his present con?of writers, Mr. Peterson cannot fail to make his magazine the ladies' periodical. We noticed lately in terms ol high commendation, the variety and splendor of the embellishments with which the Lady's World if adorned, and we hazard nothing in saying that, ol his present movement, the proprietor has placed his magazine alongside ol Graham's, though in a different line, as a competition for public favor. In the elegance and novelty of the fashion plates, and generally in its claims on the ladies, this new and -terling periodical outstrips all competitors. Israel IVst, ss Bowery, is the New York publisher. ?Major Noah is very busy scouring up In- old muskets lor the great Tyler campaign. Look out for the long toms. Si.aioHtNn.?The sleighing is said to he pretty good out to N'owlan's, Prospect Hill. At all events the refreshments and reception at Nowlan's are always capital. Chatham Tiikatre.?Mr. Wood, an excellent melodramatic actor, commences an engagement this evening in his favorite character of Bill Jones, in the thrilling drama of tiie "Spectre Pilot." The deeply interesting play of the " Maid and the Magpie," and the popular larce of "Cousin Lambkin," are also offered, presenting nil unusnnlly attractive hill, and which must serure the customary crowdei The exceedingly low priced ol admission 10 thin theatre, without any diminution in flo union it t ot novelties, meet universal approbation, ind the h b nhnractr r of the audiences indicate* thinly that cheap nmue inent is not at all inconais ant with the dictates of fashion, as some falsely imagine to be the case. BY THE SOUTHERN MAIL. " ? 49 Washington. toi [Correipondenee of the Herald.) ml Washington, Wednetday Nirht,) February V, 1848 > Presentation of the Battle liwurd of Waili- an Ington and Cane of Franklin to the 8e- ^ nnte?Passage of the Navy Appropriation till in the House. " Tlie nary appropriation bill passed lite House today, with a few trifling amendments; and the sword of Washington and cane ot Franklin was presented to the Senate, and then both Houses adjourned. 'j( The princi|>al scene of interest of course was in A the Senate; and the galleries were crowded with y ihe beauty and r/?le of the city to tee the ceremony. Mr. Buchanan presented a memorial from Phil* A adelphia merchants, praying that Congress would establish a regular line of packets to Chagres, and ? thence an overland mail to Panama. This was re- '? terred to the Committee on Commerce. The Hon. Matthew St. Clair Clarke then made l his appearance at the door ot the Senate chamber K with the sword and cane before named, and stated L that the House had passed a joint resolution ot the c thanks of Congress to Mr. Samuel T. Washington, c< lor his present to the nation, and that the House E asked the concurrence ot the Senate thereon. The Sergeant at-Anns took the sword and cane and laid them on the desk before Mr. Mangum. 3' Mr. Archer moved to take up the resolution. ? It was read. ' Mr. Mangum then called for the sense of the Se- ft nate oa its passage. i? Mr. Arches then rose, amid almost breathless silence, ' and said Mr. President: It Is known to all who have read the will of Oeneral Washington, that he left four nephews, j, to each of whom he bequeathed a sword. The one now before us was worn by the Father of his Country through the whole period of his glorious military life, from the moment, when a mere boy, he entered theColonial service, until his subsequent proc< edings crowned his name with immortal glory. This sword was the plainest, and considered intrinsically, the least valuable of the rest ; but in . my opinion (and this would be conceded by the Senate and the country) it was by far the most valuable, for it J was the battle sword of this great man during the whole period ot the war of the revolution. There was no question of its identity ; if there were, 1 could And an argu- u ment, satisfactory to my own mind, in its simplicity, so c characteristic of its former possessor. It may be thought J1 by some unbecoming the dignity of the Senate to thus t( consume one moment of its time; but I, sir, am not one of 11 them. In other climes and ages of the world, those who . werethe precursors intheoareerof liberty, were honored by their country, after death, with marble statues to their . memory; and although such evidences of the nation's gra- J titude with regard to Washington and Franklin nowhere ' meet the eye, yet in my opinion these memorials?the * sword, the staff? excited emotions in our bosoms far more * sublime and grateful to the heart than the towering monument or mausoleum. They bring to our view, . as it were, the images of the statesman-warrior and . the sage, and inspire us, in a degree, wit'.i the same : spirit which produced the achievements for which 1 they wete so eminently conspicuous as benefactors of their country. But who were the persons, and what are the ' names with which these memorials of the past are associated ? Washington ! when that name is mentioned we J should he presumptuous were we to attempt to add any thing to his fame ; of whom one of the most eloquent men, ' who wielded the sceptre of a monarch, said that " among c the inspired men his was the greatest name of all." And it is ; for allow me to say that il it were possible for a man as eminent in wisilam and virtue as Washington was to c appear in this world, he would not be regarded in so aus- " picious a light. And why I Because circumstances must form the element of greatness, and because no man living * can be placed under circumstances similar to those con. nected with the history of Washington. There have been 0 other men who were regarded as the founders of liberty 8 in their own country and clime ; but never can there be . another man beside Washington, who will be regarded as the founder cf liberty for the whole human race ; and, F unless we shall prove recreant to the invaluable bless. 1 ings which he and h is associates have committed to our ? trust, the character of Washington will merit and recive, j in all after time, the highest veneration from all nations ol 1 men: and among the thousands of races which will spring . into liberty on the face of the earth, the great example of | Washington will plant the germ of republican government, which will increase and expand its branches, under 1 which millions will shelter ; and, while they partake of its pleasant fruits, they will claim Washington, as 1 we now do, as the benefactor of their freedom Associated bv circumstances seemingly so fortuitous to 1 the Father of his country, Franklin was the second man ' in achieving the independence of the States; to him will ' science long be in ehted for his discoveries in electricity; which, in this particular especially, will establish his tame 1 as one of the greatest benefactors that ever moved on the ( tide of time. Franklin, in bestowing the cane upon Washington, said, that if it were a sceptre he had merited it, and would become it. Washington had not only merited, but 1 had gained a sceptre?his throne was in the hearts of his 1 countrymen. But, sir, I take my seat, simply to give placu to the tribute of respect which all are anxious to bestow ' on the memory of those great and good men. < i There was no applause, as in the House yester- ' dav, and he sat down. i The resolution was then passed. i Mr. Archer?1 think, Mr. President, that this body cannot pay a less tribute to this occasion than was paid by the House cf Representatives yesterday, and I therefore move that the Ssnate do now adjourn' This of course was carried, and the ladies in the gallerv crowded down on the floor of the Senate, to sen, handle, touch, and some even to kiss the relics thus presented. 1 in the House, the first husiness done was a motion by Mr. Taliaferro, that 20,(KM) copies of the pro* ' ceedings of yesterday be printed. This was car! ried. i Mr. Briogs moved to have the following letter of Mr. Washington interted on the journal:? Coal's Mouth, Ke.yawha Couistt Vs. > January 9, 1943. \ 1 My Dear Sia?With thi* you will receive the wartword of my grand uncle, Gen. George Washington, and the gold-headed cane bequeathed to him by Dr. Benjamin Franklin. Tbeie interoding relict I with to bo presented, through you, my dear sir, to the Congreaa of the United Statea, on bahall ofthe nation. Congreaa can ditpoae of them in auch manner ai (hall aeem moat anppopriate, and beat calculated to keep in memory the character and aervirea of thoae two illuatrioua founders of our Republic. I am, with eateem, youra, SAMUEL T. WASHINGTON. To Hon. Georoe Summers, i House of Repreaentativea. This, of course, was carried. | Mr. Kknkkdy then had his special order about ' commercial reciprocities (a copy of which I sent youf made the special order for next Saturday. The House then went into committee of the whole, and took up and passed the Navy Appropriai tion Bill, with the following amendments:? The amendment to reduce the pay of officers 20 J per cent., was rejected. Ayes. Noes. 74. Si. A thin House. Many members were off frolick- 1 i ing. > Mr. M'Kkon'k amendment, relative to allowing , 1 no money to be appropriated lor the fitting out of ] * the African Squadron was rejected. , Aye*. Noe*. 31. Not counted. 1 Among the ayes, I saw?C. J. Ingereoll, Cave ' ' Johnson, Rayner, Merriwether, Doig, Burke, Clif- ] ford, Snyder, Redding, Fornance, Lowell, Gwinn, , and M'keon Not much of a show of strength for ] the ultra Benton party in the House. Mr Stanly, however, proposed an amendment, < by which the total amount oi the pay of the officers 1 and seamen of the whole navy is reduced $'200,000 ' . only. This was carried:? Ayia Nays. 73. 63. Where were the other 114 members'? > Mr Malloby moved an amendment that the du- < i ties of the head of the Bureau of provisions and I clothing shall hereafter be discharged by a Captain. < Mr. King moved that they be discharged by a pur ? ' <wr Mr Msllnrv'a mntinn In rati a r?ni?id 1 was carried:? Aye*. Nay*. 113. No count. Mr. Fcssknijkn moved that no man shall be put | at the bend of the Medical Navy Bureau, who iiaa , i not been to sea ior five years at least. This was a r severe cut at Dr. Burton, and was carried. Mr Levy moved that $500,000 be appropriated 1 for a floating dock at Pensacola. Carried. So we shall have two floating docks. One at Brook i lyn and one at Pensacola. One is to be a sectional ( dock, the other (iilbert's balance dock. The Hon ( Alderman Leonard is here electioneering for the , sectional dock, which he says is the best. Mr. Ban- i [ ger is here for the other dock. i Mr. Cavk Johnson tried to get an amendment t passed to stop any increase of the navy. 1 This was rejected A>s* Nay*. 30 No count. Mr Btis.NEr.i.tried to get ho amendment pas?e<f, that nnvv apprentices, trhcn rnmjwtent, should he seler'rd tor mid-hipmen. This was rejected. Very republican, this. The hill wss then reported to the House, the ? amendments concurred in, and the bill too* rwi a \hird time ant! pan*ril. t XM I louse, thinking u hud done an immense ' amount of business, immediately ad|ourned. i The weather, which ha* been very severe and ve- t ry cold lor nearly a week past, moderated to-day. W II A. i Writ or Quo Warranto ccon itk Snwirr? i 1 Yesterday a writ of i|iio warranto war issued by l Judge Kennedy of the Supreme Court, ?' the rela- t tion of of John Napier ano Samuel C. Thompson, * Upon William A Porter, K?q , Sheriff of the citv andeounfv of Philadelphia, to elm by what rntht he ejereirea the function* of sheriff; which writ " wan served opon him thia morning by the Coroner. ' The writ is made returnable on the 20th inst This ( morning another writ o! the same character was , 'a'\en out ol the Court ol Common Pleas by (*vid r . ^ Johnson, I rq.. Prosecuting Attorney ol the State.? Phil. GaztUt, Fib. 9. Uca of Stocks at Philadelphia Yesterday. 91100 City 6'* of lHtiM.0'2; 3600 Penn?ylvasia6'? of U4B, ; auo Wilmington RH 6'iof IP68,634; 30 aha* Wilminga UR, 10; 60 ilo N O Ga?, 0. Alter Board?41 that Wiliagton RR, 9J. LATEST SOUTHERN SHIP NEWS. Baltimore, Feb 8?( Id Pauline, Maiiiou, Rio de Janeiro d a inki Alfiandria, Feb 6?Arr Oen Hirrison, Barbadoes. 8ld irah Lav una. Mar*uh*m Richmond. Feb 4?Sid A'bano, Buxton, Ntw Orleans; John uulop, Case. Boston. Norfolk, Feb I?Arr Ditskau. NVork: 5th, Margaret Balur (Br) Belfast; 6th, Bhetlaod, Bt Johns, PR. CId Trio, uadalnupe Mil 4tli, Urle 111, "^Orleans. CHiniiuim, Kt-b ? ?In the offing, Brotln-rs. from Dublin ? Id llzude, Thayer, Liverpool; Cordova, Morse, do; Forietr, Burnell, Havre; Or en, (Nor) Bu'<tn*chm, Antwerp; Sul??u. Brown, Mobile; Augusta, (Dan) Christensen, CopeuhaII. bid Conqueror, (Bi) Liverpool; Aquernet, do; Lidy dama, do; Mexican. Dentin*. Sleilin; Cumberland, White, outlieru noit; Venice, Gill, Boston; Kniily, Sherwood, New ork; Ailriamia, (Br) Hunt, West Indies; Franklin Green, ra|n-r, do. Arr 5'.h, V ugii i*. Baxter, Fait Kivrr for Savarv ih, in diitreaa. Sid Francis Cauaday, and Concord, W Indies, rr lib, Yorkshire, (B ) Fos'er, Stockton, Lux?experienced envy weather, Inat bul warka, sprung a leak. MoftlLE, Jan 30?Arr Ureal B Haiti, Proal, NYork; Hector, oat,do; Nicholas Brown, do; Vaudalier, Liverpool; Kobert en, Brll'nit; Kalco. Boston. Cld New York, Greenock; Taerlane, Liverpool; Lawrence, Havana; ttdwiu, do New Orleam, Jau 30?Arr Palmyra. 8imi>aou. Boston; Leader, (Br) Stewart. Biiatol, Eug; Ockbrook, (Br) Lawaon, nndon; Penrl, (Br) Buckley, Liverpool; Juno, Dicka, H.vsna; dinhurg, Crockei, Btltimare; Torn Paine, Anderson, NYork; ion, CliB, Apalnchicola. Returned, Dot Amigos, (8;>) berl in, aid henre lor Gibraltar, m distress. with loaa of bowsprit.? Id Hilah, Hammond, Liverpool; Alliens, Chase, do; Chanellor, Davia, New Haven; Comet, (Br) Veaey, Deinerua; lelia, Falet, Baltimore; Valhalla, Haynes, do. Uc it era. I Hecord> Brio Virginia. Baxter, from Fall Kiver for Savannah, pnt no Charleston 3'h in t. iu dia'reia, having been ran into cdy.tbw 1. at 2 a M, by the ahip Atalauta, of and for New York. fi'i>li5: avnnnah. She was stmck ou the starboard bow, brenkiuxt ancheona and plankanear?carried away the foremast, in two laces, broke the topsail and foreyard spencer mast and jtbboom, >st jib nud fori tail, and all the head stays, split the tnmpaoH ntt, and otherwise injured the trig. The ship lay by Iter till ayligh*, and finding they wanted no assistance, proceeded on er course. 1 he ship lost all her headstays, cutwater and figure rati, lost nbboom, chain and bobstay. with other slight inines. Spoken. Alfred, of NYork, Jan 24, I. t 32 29. Ion 7J 58. Hollander, of Boston, Jan 8, lat 40 40, Ion 44 53. Common Council. Board of^Alderwur.?Thursday evening, Feb. 9th.? rood, Wartin, Smith, Gedney, Purdy, Carman, Bounell, Vest and Lee. This was a special meeting held for the purpose of acting ipon the "report of the Finance committee upon the finan ial condition and policy ot the city of New York, recomaending an application far various laws in relation thereo; and on the Comptroller's report in relation to the anmal tax bill, with the draft of an act therefor." The meeting was called by adjournment at the hour of Ive o'clock, but a quorum was not present until seven. A resolution from Alderman Cholius, laid over from est meeting, enquiring into the propriety of applying to he Legislature for abolishing theoihceof Water commisiouers, and authorizing their duties to be performed by he Croton water board, was referred to the law commitce. Alderman Cabmax introduced a resolution calling upon dr. Meigs, late superintendent of roads of the 12th ward, o deliver to his successor 2000 stone hammers and sledges n his possession?referred Alduimun Purbt introduced the following:?Whereas, t has been represented and appears evident, that it has teen and is the custom to detain citizens, as witnesses, in irison, associated with criminals, from different periods of ime varying from one to six months; and whereas the as.ociates with such criminals of whatever grade has a tenleney to corrupt the morals of innocent persoos? Therefore, llesolved,that it be referred to the Committee if Police, Watch, and Prisons, to enquire into the necessity if providing separate apartments for the convenience of uch persons as may be required as witnesses?adopted. Alderman Lke oflered a i resolution, calling upon the magistrates of the upper and lower Police to place a list of ees charged at their oftices conspicuously placed in each iftice, in order that the public may know the charges? idcptedAlderman Lex offered a resolution, calling upon the Comptroller to enquire into the accounts of Jefferson Barian, Superintendent of Streets, in 1839. It was intimated >y the Alderman that he had never closed his account vitk the Corporation, and probably might be as much bekindhand as some others who had been arraigned before his Board as defaulters. Alderman Davies moved to lay the resolution on the able, which was lost by a vote of6 to 6, Alderman Jonea, Urolius and Davies having come into the board since the 'eading ot the minutes. Alderman Daviks then moved an adjournment, which was carried hy a vote of 8 to 5. Several attempts were made to bring up the document elative to the tax hill, but the absence of several ot the members, induced a postponement of all action until the rcxt meeting. The Board then adjourned, hut we understand a special neeting is to be ordered on Saturday ufterneon, at three >'clock, to discuss and paas the tax bill. C9-Thk Nouns on Horserack?Should the weather I )e fine to-day, the whole party of Indian Chiefs, at the tmerican Museum,will appear on horseback, ot 1 o'clock >n a splendid stud of horses from the Bowory Amphithcitrc.and ride through the principal streets, costumed and tiinted, as on their war and hunting parties on the prairies. They are said to be the finest horsemen in the ? orld, ind with their noble figures, will make a brave show.? To-morrow they will a] pear, both aficmoon and evening, t being their last day, in their mo;t splendid dances, feasta ind ceremonies. In every way these are a moat interestng set of savagia, and no one should fail to see them. The ;Uarmiug lom-st belle Do hnm-me, is breaking more leartslhan her father, the old Sac Chief, ever did headsQQ LITERATURE.?Just issued from the press, and ror sale ut tliis nllice, the new Historical Novel, Bianca L'apello, by tne popular authoress, Lady Bulwer. Trice IS J cents per copy. Also, Blackwood's Magazine, 18f cents, and the recenty published novels of Scott, Bulwer, D'lsraeli, Dickens, lames, Smellet and Miss Landon, all ot which may be had it this oflics Also Standard Literary Works, embracing illison's History of Europe, Cooley's Egypt,) Sparks' Washington, and Thiers'French Revolution. 0Qh THE ATTEMTT TO FORCE SPURIOUS PRE>arations of Sarsapariila into market on the reputation of he genuine Bristol's Sarsapariila, which has been provng itself for more than seven years, meets with but slim lUceesa where the real article is known. Read the folowing, from the Watertown, N. Y. Register, of Jan. 28, 1843:? "We would call the attention of the public ta Mr. A. B Hull's advertisement in another column The wonderful :ures effected by Biistol'J Extract of Sarsapariila, is in reility astonishing the world. We are informed by the Igent for this county that it sells with great rapidity; aniwering the fondest expectations of those who are afflicted vith scrofula, and other impurities of the blood." Sold wholesale and retail, by Wm. Burger, 60 Conrtland itreet; at retailhy Rushton k Co.. Milhau's, 181 Broadway; Aspinwall, 88 William street; 8)me, S3 Bowery; Pnppe, 107 Divisiou street;911 Fulton street; J. Syme, 30 Kulton near Water street, snd Druggists geuerally. Ogb IMPORTANT TO SUFFERERS BY FROST? Dr Freeman (one of our most respectable Physicians) related the case of a young sailor who bad frozen his feet, md when he was called was in such distress he thought tie would have the lockjaw. He at once prescribed Dailey's Tain Extractor, kept at ?1 Maiden Lane, knowing it lo he the best remsdy for burns, an 1 thought it might be in this case ; it was applied, and to use the doctor's own words,11 it acted like a charm," relieving him immediate- I ly, and curing in a very short time. Humanity dictates :hat such a remedy should be made known to all. Otf- LINIMENT DU DR. HEWE8 POUR LES 08 pt les nerf?,et Elixir Vegetal Indien Excellent articles pour les Rhumatismet, let foufuret et les Catturot.?lit lonncnt de la force aux memhres alTaib it, detruiient la :on tract ion des nerft, let engourditsemeni et les engorgement. N. B.?Let articles garantis ont le nom de Com^tock et )o., tur l'enveloppe de chaque bouteille et sont vendut au So.'M, ruodes Magasins, New Orleans, and 71 Maiden lane, New York. (0- A MIRACULOUS INVENTION TO FORCE THE GROWTH OF THE HUMAN HAIR By the power of science, hundreds can testify that after applying with slight friction to the scalp ot the head a scientific >ily preparation called Jones' Coral Hair Restorative, the hair is forced te grow wherever it it applied, and the roots thereby strengthened, which prevents the hair falling off, the scalp being restored to a healthy condition, and all icurf or dandruff destroyed, new life and impetus it givpn to the roots, they grow as in youth, toft dark, and silky, (even if the hair is light, red or grey.) The public need not take our statement, or the inventor't; you must believe, when theie persons give their names, and sertir>' the above are the qualities of Jonit* Coral Hair Restorative. Mr. W. Hopkins, p } King street, New York. Mr. Phillips, 49H Broome, corner of Wooitor it. The Hon. Judge Edwards, of Philadelphia. Mr. J. Pearson, Navy Yurd, Charlestown T. Power, grocery, Fulton street, Brooklyn. We could offer filty other namee of persons who hive round this all it it represented, but if the above it not enough, nothing will convince except one trial; it is told juite reasonable, indeed cheap, only S, ft or 8 shilling! a aottle, by Jones, sign of the American Eagle, m Chatham itreet, N. Y Agents?S7 Dock street, Philadelphia; 8 State street, Boston; Zelber. Washington, D. C.; ft7 State itreet, Albany, or ISP Fulton street, Brooklyn. Farewell to my old Nee, adieu to my phiz? t-o coveted wiih blolhet till Jones'Soan riz. I remember th?e welt, my old d irk yellow face, Whn?e blent'sh no lotion or drug could erase, Till that miracle rose?the great Chemical Hoap ? That balm for the homely?t*e only real hone. nrj- KOR ALL THOSE AFFLICfED WITH ANY ,ruption or disfigurement of the fare, neck, arms, body or ianas. Bonder, these are it* positive real qualities?you nay think it a " pull." No, thi* I'.alian Chemical Soap vol invented by M. Veaprini, the famous Italian phvti:ian, and it a *uraand never failing remedy for pimples, rerkles, aalt rheum, scurvy, erysipelas, fcr. nnd will cure ender or chnpt fle*h. It will change the color of dark, unburn) or yellow *kin to a fine healthy clearnea*. H is old by Mr. Jones, at the sign of tho American Eagle, HJ Intthun. street, New York. Agents?Zeiber, Id and took street, Philadelphia,or next to the American Hotel, Yaahington, D. C \ ft7 State Street, Albany, 8 Stalest, loatoni 807 King street, ('harleaton, S C.; and 1S9 Fulton trcet, Brooklyn. fir?- THE PARISIW ALTERATIVE MIXTURE, guaranteed to cut e all form* of secondary syphilis Pa ient* effected with pains in the bones, cutrni oua ernp. ion*, sure throat, and every other symptom indicative of ho existence i vinrteal taint, rlionld u?e this (i eciflo rithout didiiv. Sold In bottles at ft each, in cases of half i do7.en butties, f.V (lorivarded to any addr. sa.) \V. S. RICHARDSON, Agent, Principal OAce o( tha College 87 Nassau atraot.

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